Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
DCA2006-00003
PCA 2OO - 00003 = LAND USE PROPOSAL DESCRIPTION TIGARD 120 DAYS = N/A FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2006-00003 FILE TITLE: PLANNED DEVELOPMENT CODE AMENDMENT APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: The applicant is requesting approval of a Development Code Amendment to change the procedures and approval criteria for Planned Developments (Chapter 18.350) and to add Definitions in Chapter 18.120. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.350 and 18.390; Comprehensive Plan Policies 1,2, 3 and 6;and Statewide Planning Goals 1 and 2. DATE COMMENTS SENT: ' /0 k/ DATE COMMENTS DUE: gib'/64p DATE DLCD NOTICE WAS SENT: /a1 OC DECISION MAKING BODY BELOW: ❑ TYPE I ['TYPE II ❑ TYPE III ® TYPE IV ® PLANNING COMMISSION (MON.) DA 1'F: OF HEARING: September 18, 2006 TIME: 7:00 PM ® CITY COUNCIL (TUES.)DATE OF HEARING: October 10, 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 } 110 • Department of Land Conservation and Development 635 Capitol Street NE, Suite 150 Theodore R.Kulongoski,Governor Salem, Oregon 97301-2524 Phone: (503) 373-0050 First Floor/Coastal Fax: (503) 378-6033 Second Floor/Director's Office Fax: (503) 378-5518 Third Floor/Measure 37 Fax: (503) 378-5318 NOTICE OF ADOPTED AMENDMENT Web Address: http://www.oregon.gov/LCD November 6, 2006 TO: Subscribers to Notice of Adopted Plan 0 or Land Use Regulation Amendments FROM., Mara Ulloa, Plan Amendment Program Specialist SUBJECT: City of Tigard Plan Amendment DLCD File Number 003-06 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: November 17, 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 Humphrey, DLCD Regional Representative Sean Farrelly, City of Tigard <paa> ya/ • 1 M2 Notice of Adoption ;0 E,T OF THIS'FORM MUST BE MAILED TO DLCD OCT �a� WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION PER ORS 197.610,OAR CHAPTER 660- DIVISION 18 L ° D CONSERVATION AND DEVEKM9 la only Jurisdiction: City of Tigard Local file number: DCA2006-00003 Date of Adoption: October 24, 2006 Date Mailed: October 27, 2006 Date original Notice of Proposed Amendment was mailed to DLCD: August 2, 2006 ❑ Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ® Land Use Regulation Amendment ❑ Zoning Map Amendment f New Land Use Regulation ❑ Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". The applicant is requesting approval of a Development Code Amendment to change the procedures and approval criteria for Planned Developments (Chapter 18.350) and add Definitions in Chapter 18.120. The proposed changes to Chapter 18.350 include a new purpose statement, and a new approval process and approval criteria. Related definitions of "density bonus", "landscaping", and open space facility" would be added to the Definitions Chapter (18.120). 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". Revised the definition of lviinirnal Use Facilities", changed wording of several sections, deleted one concept plan approval criteria, and deleted one detailed development plan approval criteria. 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.: 4—s) • 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 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 - A1'FENTION: PLAN AMENDMENT SPECIALIST. • • CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 06-![p AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE, CHAPTERS 18.120 AND 18.350, TO CREATE A NEW PURPOSE STATEMENT, APPROVAL PROCESS, APPROVAL CRITERIA, AND OTHER REVISIONS FOR PLANNED DEVELOPMENTS AND TO ADD RELATED DEFINITIONS. (DCA 2006-00003) AS AMENDED WHEREAS, the applicant has requested an amendment to the Tigard Community Development Code Chapters 18.120 and 18.350, to create a new purpose statement, approval process, approval criteria and other revisions for Planned Developments; 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 September 18, 2006, and recommended approval of the proposed amendment. (with additional revisions) 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 18.120.030, 18.350, 18.380.020, and 18.390.060; Comprehensive Plan Policies 1, 2, 3 and 6; 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 City Recorder. ORDINANCE No. 06- )6 Page 1 • • PASSED: By UnQnI mCiuS vote of all Council members present after being read by number and title only, this a —¢d a y of G _ , 2006. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council thi day of �,�/G �/( , 2006. deA Craig D. ksen, Mayor Approved as to form: WAttorney OLo Date Certified to be a true copy of the Original on file at City of _ Tip Ct all. ° By Cif Recorder, Cty of Tigard Date T I GARD ORDINANCE No. 06- ,1V Page 2 • • "EXHIBIT A" City of Tigard DCA 2006-00003 Planned Developments Code Amendment October 2006 Explanation of Formatting These text amendments employ the following formatting: Strikethre - For text to be deleted [Bold and Italic]- For text to be added Chapter 18.120 DEFINITIONS [55. "Density bonus"-Additional dwelling units that can be earned as an incentive for providing undeveloped open space, landscaping, or tree canopy as defined further in this code.] [87. "Landscaping"-Areas primarily devoted to plantings, trees, shrubs, lawn and other organic ground cover together with other natural or artificial supplements such as water courses, ponds,fountains, decorative lighting, benches, bridges, rock or stone arrangements,pathways, sculptures, trellises and screens.] [104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned: a. Minimal Use Facilities. No other improvements(apart from underground utilities and natural-and ecological enhancements) are allowed b. Passive Use Facilities.Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways,pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains,picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access shall be provided where site considerations permit c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater degree of site development and/or ground disturbance;such as sports fields,playground equipment,group picnic shelters,swimming pools, hard and soft surface pathways, restrooms, and similar facilities.] [Renumber definitions after#55 according to the above amendments] Page I of 21 October 24, 2006 114. • Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 The Process 18.350.030 Administrative Provisions • ! I i • I • 18,-350.09.0[18.350.040]Concept sent Plan Submission Requirements [18.350.050 Concept Plan Approval Criteria] [18.350.060 Detailed Development Plan Submission Requirements] [18.350.070 Detailed Development Plan Approval Criteria] 18.350.100 p., ,.,l Criteria 18.350.010 Purpose A. Purpose. The purposes of the planned development overlay zone are: 1 To provide-a . . _ - • . e. - - . . . :• - . .. ' • I - 2 To facilitate the efficient use of land; particular-site;-and - - [1. To provide a means for property development that is consistent with Tigard's' Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; and] [2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and] Page 2 of 21 October 24, 2006 • • P. To achieve unique neighborhoods -(by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and] [4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis,presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; and] [5. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner, developer,neighbors, and the City;and] [6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials.] 18.350.020 The Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. [An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project, an approval authority may apply the provisions of this chapter as a condition of approving any application for the development.] B. Elements of approval process. There are three elements to the planned development approval process, as follows: r.. r.. r. . [1. The approval of the planned development concept plan; and 2. The approval of the detailed development plan. 3. The approval of the planned development overlay zone.] C. Decision-making process. • • . .. . . - - . . . • ... .. . . .. .. .. ... • .. . . .. . . . . . - - - • . - - - :. I. el. •• .• . . . . . . . .. reviewed by means of a Type II procedure, as governed by 18.390.040, to ensure that it is [1. The concept plan shall be processed by means of a Type 111-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050.] Page 3 of 21 October 24, 2006 • • [2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as governed by 18.390.050, to ensure that it is substantially in compliance with the approved concept plan.] [3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan.] [4.Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval All applicants are advised that the purpose of separating these applications is to provide them clear direction in developing the detailed plans. Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone.] [5. In the case of an existing planned development overlay zone, once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application.] [6. If the application involves subdivision of land, the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan.] S. . • ..' • • - Y. • • . . •• • . • . • eeneurrentom [D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development application (Le. the concept approval must precede the detailed development approval); however each required action may be made at the same hearing.] 18.350.030 Administrative Provisions [A. Time limit on (ling of detailed development plan. The concept plan approval expires after 1-1/2 years unless an application for detailed development plan and, if applicable, a preliminary plat approval or request for extension is filed Action on the detailed development plan shall be taken by the Planning Commission by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria in 18.350.070.) A.(B.] Zoning map designation. A.• - . . .. . . . . . .• . • • . • . ,, . [The planned development overlay zone application shall be concurrently approved if the Page 4 of 21 October 24, 2006 • detailed development plan is approved by the Planning Commission.]The zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. !' - . . . .. . . • . •. • . .. .. . . . .. • . .. •O S. l • •9• - . . . - . .. . . ' - - .. . .. : •• , . , ..• - Y.. .. . ..• . .. . . .. - • Y.. .. _ . . ,. .. . .. . . -. .. .. .. c. The change involves a change in use;•Y' -•. . . . - , - . . • . . .• . _ , . . ._ -- , • !• - - . . .. . . . . ,. • ..• • - . - ., . . . . • •I.:12 C. Extension. The Director shall,upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1. No changes have been made on the original conceptual development plan as approved by the Commission; 2. The applicant can show intent of applying for detailed development plan for preliminary plat) review within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. D. Phased development. 1. The Commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for conceptual development plan review. 2. The criteria for approving a phased detail development plan proposal are that: Page 5 of 21 October 24, 2006 • • a. The public facilities shall be constructed in conjunction with or prior to each phase; and b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. E. Substantial modifications to concepts plan. [If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required] . . . .. - ... . . . [F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter.] [G Issuance of occupancy permits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued. However, when the Director determines that immediate execution of any feature of an approved detailed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary condition, the Director shall, as a precondition of the issuance of a required permit, require the posting of a performance bond or other surety to secure execution of the feature at a time certain not to exceed one year.] a . i I i • • . - _ . . - - . . -- 11. • . . . j: . . . .. . . . . . - . •.• •. . Page 6 of 21 October 24, 2006 • .. . • _ ., .. . . '. e. t! . r- . .. .. 3 Duplex residential units; 4 Multi family residential units; 5 Manufactured homes; } 7 Community building; . . . . - . . • . - . ; , . - - • : . _ . . . .. ...-, . . . : --- , • she—and 10 Recreational vehicle storage area. 14,4n--oefomer-cial --: . . . . - , ..• . . . ' .. . . . .. . . . . . o . outright use. . . . . . - - .. . •g district. I I I • . • s: .. . - . . . . . - . . . .. - . , . -••• --- f �u s atr xacni -°°e�ef, Page 7 of 21 October 24, 2006 • • ! , . • - - - • . , .. - - . . . . - !.! . ! .. . . _ • . . . .. . • — .;..,Otis..... 0_��� .. • .. . .. .. . - w - w on-findings-that:-•Y. - . • . . - • . ..-.- • • - . . • ••. . .. .. . . - • -, • . . ..• .. . ., . .. . .. B. Exceptions to sign requirements. The Commission may grant an exception to the sign standard--fec-signs . 2 The exception is necessary for adequate identification of the use on the property; and ao 18450490 500-.090[18.350.040]Conceptual-Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type IIII [-PC] procedure, as governed by Section 18.390.050 [and the additional information required by 18.350.040.B.] In addition, the applicant shall submit the following: 1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include: [a.]A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. [b. An explanation of the architectural style, and what innovative site planning principles are utilized including any innovations in building techniques that will be employed.] [c.An explanation of how the proposal relates to the purposes of the Planned Development Page 8 of 21 October 24, 2006 Chapter as expressed in 18.350.010.] [d.An explanation of how the proposal utilized the Planning Commissioner's Toolbox] 2. A[general]development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development.[In the case where a residential subdivision is proposed, the statement shall include the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders.] B. Additional information. In addition to the general information described in Subsection A above, the conceptual ment plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: I. Existing site conditions; 2. A site concept [including the types of proposed land uses and structures, including housing types, and their general arrangement on the site]; 3. A grading concept; 4. A landscape concept[indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); [5. Parking concept;] 5. [6.J A sign concept; and [7.A streets and utility concept; and] [8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable.] [C.Allowable Uses] 1. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c. The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; Page 9 of 21_ October 24, 2006 • • • c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; f. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with, but clearly incidental to, the residential uses permitted in the zone[such as personal services,preschool or daycare, and retail uses less than 5,000 square feet in sum total]; g. Community building; h. Indoor recreation facility; athletic club, fitness center, racquetball court, swimming pool, tennis court or similar use; i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and j. Recreational vehicle storage area. 2. In commercial zones. In all commercial zones, an applicant with a planned development approval may develop the site to contain all of the uses permitted outright in the underlying zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi- family dwellings in those commercial zones that do not list multi-family dwellings as an outright use. 3. In industrial zones. In all industrial zones, a planned development shall contain only those uses allowed outright in the underlying zoning district. [18.350.050 Concept Plan Approval Criteria] [A. The concept plan may be approved by the Commission only if all of the following criteria are met: 1:-T h e conceptplan-includes s p e c i f i c d e s i g n a t i o n s on the concept"map for areas of open space,and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their maximized protection,preservation, and/or management. 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops,etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. Page 10 of 21 October 24,2006 • 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood.] [18.350.060 Detailed Development Plan Submission Requirements] [A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.B and the approval criteria under 13.350.070.] [B.Additional Information. In addition to the general information described in Subsection A above, the detailed development plan, data, and narrative shall include the following information: I. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in grade, along drainage channels or swales, and at selected points, as needed. 2. A specific development schedule indicating the approximate dates of construction activity, including demolition, tree protection installation, tree removal,ground breaking, grading,public improvements, and building construction for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. City Recorder's note: On October 24, 2006, the following wording shown at this location in this document for Section 4 a., b., and c. was deleted by the Tigard City Council:•• • • • _ ; • . . • • ! • _ • , . . . . . • • • -•I • • • • • • • • • , • • • . , . • • • .. • Page 11 of 21 October 24, 2006 • .. • • [C. Compliance with specific development standards. The Detailed Development Plan shall show compliance with base zone provisions, with the following modifications: I. Lot dimensional.standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; 3. Building height: In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2 times the height of the building. 4. Structure setback provisions: a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; (2) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. (3)A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modem the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The commission may require site specific building envelopes. 5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter.] 18450400[18.350.070 Detailed Development Plan]Approval Criteria Page 12 of 21 October 24, 2006 • • [A. Detailed Development Plan Approval Criteria.A detailed development plan may be approved only if all the following criteria are met: 1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: a. The change increases the residential densities, increases the lot coverage by buildings or reduces the amount of parking; b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; d. The change commits land to development which is environmentally sensitive or subject to a potential hazard; and e. The change involves a major shift in the location of buildings,proposed streets,parking lots, landscaping or other site improvements.] • - : : , • . -• application, _ _ .. —1- [2.]All the provisions of the land division provisions, Chapters 18.110, 18.420[Partitions] and 18.430[Subdivisions], shall be met[if applicable]; 2. [3.] Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this [chapter] section. In-each case, the applicant must provide findings to justify the modification of the standards in the chapters listed in-Subsection-3- below. [The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly ident ft where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested.] [a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same type of issues as the Site Development Review.] Page 13 of 21 October 24, 2006 • • [b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site(vehicles, bicycles,pedestrians, and transit).] —a.[c.]Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, [using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission.] The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/ or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1) [A 1% bonus for each 5% of the gross site area set aside in open space, up to a maximum of 5%,J is allowed for the.provision of[active use recreational open space] ..- _ . . . . .. . .. -, exclusive of areas contained in floodplain,[steep]slopes greater than 25 °=, drainageways, or wetlands that would otherwise be precluded from development; (2)[Up to a maximum of 5% is allowed for the development of pedestrian amenities, streetscape development, recreation areas, idaias, or other items from the "Planning Commission's Toolbox."] • -- . . - . ° . • . . . . .. . . . . :; , -- . . . . - - ; . - . . . - - - - - ; .. .. . - •. . - . _ • •.-; • -- • °. • . •. • . . . .. .. ; . - . - of g types [d.] Chapter 18.745, Landscaping and Screening. (The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect,provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified] Page 14 of 21 October 24, 2006 • [el Chapter 18.765, Off-street Parking and Loading Requirements. [The Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if: (1) The minimum number of parking spaces is not reduced by more than 10 percent of the required parking; and (2) The application is for a use designed for a specific purpose which is intended to be permanent in nature, e.g., a nursing home, and which has a low demand for off-street parking;or (3) There is an opportunity for sharing parking and there is written evidence that the property owners are willing to enter into a legal agreement; or (4) Public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses; or (5) There is a community interest in the preservation of particular natural features of the site which make it in the public interest to grant an exception to parking standards.] [f.] Chapter 18380, Signs. [The Commission may grant an exception to the sign dimensional requirements in the applicable zone if: (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs; and Property; City Recorder's note: On October 24, 2006, Section (2) above was amended by the Tigard City Council to read as follows: (2) The exception is necessary for adequate visibility of the sign on the property;and (3) The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties.] [g.J Chapter 18.795, Visual Clearance Areas. [The Commission may grant an exception to the visual clearance requirements, when adequate sight distance is or can be met;) [h.] Chapter 18.810, Street and Utility Improvements,Sections 18.810.040, Blocks;and 18.810.060, Lots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an exception request. The Commission can only grant an exception to street sanctions if it is sanctioned by Page 15 of 21 October 24, 2006 • • the City Engineer. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: (I) Public safety will not be compromised;and (2) In the case of public streets, maintenance costs will not be greater than with a conforming design; and (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment.] - a - .. . c. Chapter 18.795, Visual Clearance Areas;. d. Chapter 18.715, Landscaping and Screening; a - . . - . .. . . . f. Chapter 18.705, Access, Egress and Circulation; and g. Chapter 18.780, Signs. q--[4.] In addition, the following criteria shall be met: a. Relationship to the natural and physical environment: • (1) The streets, buildings and other site elements shall be designed and located to preserve the existing trees, topography and natural drainage to the greatest degree possible.[The commission may require the applicant to provide an alternate site plan to demonstrate compliance with this criterion;] (2) Structures located on the site shall not be in areas subject to ground slumping and sliding[as ---_-------------demonstrated-by-the-inclusion-of a-specific geotechnical-evaluation;j u: - . . . . . . - . .. - • . • - . . .. . , - • - .. : • ..; (4) [(3) Using the basic site analysis information from the concept plan submittal,]the structures shall be oriented with consideration for the sun and wind directions, where possible; a b. Buffering, screening and compatibility between adjoining uses: (1) Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; (2) In addition to the requirements of the buffer matrix (Table 18.745.1),[the requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same level of buffering and screening with alternate materials or methods.]The following factors shall be considered in determining the adequacy and extent of the buffer required under Page 16 of 21 October 24, 2006 • • Chapter 18.745: (a)The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (b)The size of the buffer needs in terms of width and height to achieve the purpose; (c)The direction(s) from which buffering is needed; (d)The required density of the buffering; and (e) Whether the viewer is stationary or mobile. (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas,parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; (b)The direction from which it is needed; and (c) Whether the screening needs to be year- round. c. Privacy and noise: Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner,to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise; [d. Exterior elevations - single-family attached and multiple family structures: Along the vertical face of single-family attached and multiple family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses, e.g., decks,patios, entrances,floor area,of a minimum depth of eight feet; (2) Extensions, e.g., decks,patios, entrances,floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and 3 Offsets or breaks in roof erevati -- -- -......_..._...... O- ff � -- - f -'oris of three or more feet in height.] El.[e.]Private outdoor area[residential] multi-family use: (1) - . .. . . . - . .' - -- - . . ,[Exclusive of any other required open space facility,] each ground-level residential dwelling unit shall have an outdoor private area (patio, terrace,[or]porch) of not less than 48 square feet[with a minimum width dimension of four feet;] (2) Wherever possible,private outdoor open spaces should be oriented toward the sun; and (3) Private outdoor spaces shall be screened or designed to provide privacy for the use of the space. e. [f.] Shared outdoor recreation areas-[residential]multi-family use: (1) .. . . .... _ . . . . - [Exclusive of any other required open space facilities,]each multiple-dwell-Mg-[residential] development shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a) Studio units up to and including two bedroom units, 200 square feet per unit; and (b) Three or more bedroom units, 300 square feet per unit. Page 17 of 21 October 24, 2006 • • (2) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (3)The required recreation space may be provided as.follows: . .•• . . - -- -. - .. . ... . .. - - .. , .. . . . .. - • .1. . . .. - .. - . . . . . . . , - .. . . - 4 : . . .. - [(a) Additional outdoor passive use open space facilities; (b) Additional outdoor active use open space facilities; (c) Indoor recreation center; or (d) A combination of the above.] City Recorder's note: On October 24, 2006, the following wording for a Section g, which was shown at this location in this document, was deleted by the Tigard City Council: • • (b) A trellis or arbor (c) A change in elevation or grade; (e) Sign; or ([) Landscaping. [g.]Access and circulation: (1) The number of[required] allowed access points for a development shall be provided in Chapter 18.705; (2) All circulation patterns within a development must be designed to accommodate emergency[and service]vehicles; and (3) Provisions shall be made for pedestrian and bicycle ways[abutting and through a Page 18 of 21 October 24, 2006 • • site]if such facilities are shown on an adopted plan[or terminate at the boundaries of the project site.] g.[h.]Landscaping and open space: (1) Residential Development: In addition to the [buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities,) •- • . . . ..•: - , . . , . . . _ . -, a minimum of 20 percent of the site shall be landscaped. [This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan,prepared or approved by a licensed landscape architect, and surety for such landscape installation;] .:: _'., ! - : • . . landscaped;--and . . .. . . . - - : • . .. :; r[i:]Public transit: (1)Provisions for public transit may be required where the site abuts for is within a % mile of]a public transit route. The required facilities shall be based on: (a)The location of other transit facilities in the area; and (b)The size and type of the proposed development. (2) The required facilities[may include but are not necessarily limited to]shall beamed to such facilities as: (a)A waiting shelter; (b)A turn-out area for loading and unloading; and (c)Hard surface paths connecting the development to the waiting area. [(3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement.] Signs: �- [i.1 Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter Chapter 18.765; (2) Up to 50%of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. [k./Drainage: All drainage provisions shall be generally laid out in accordance with the • requirements set forth in Chapter [18.810.] :. .. . - - - •• • - - - - Page 19 of 21 October 24, 2006 • • [An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets, porous concrete, or eco roofs.] h[U Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. [m.J 18.350.110 Shared Open Space [Facilities: The detailed development plan shall designate a minimum of 20% of the gross site area as a shared open space facility. The open space facility may be comprised of any combination of the following: (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands,streams, or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for active recreational use. (4)The open space area shall be shown on the final plan and recorded on the final plat or covenants.] [n. Open Space Conveyance. Where a proposed park,playground or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use,provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods:] A. Requirements for shared open space. Where the open space is designated on the plan as Page 20 of 21 October 24, 2006 . • _ :..• • . a-[(1) Public Ownership] t _ - open space. Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations [A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval. Dedications of open space may be eligible for Systems Development Charge credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below;] [(2) Private Ownership.] By leasing-or conveying title (including beneficial ownership) to a corporation, home association or other legal entity,[and granting a conservation easement to the City in a form acceptable by the City. The terms of the conservation easement must include provisions for the following:] (1) (a) The continued use of such land for the intended purposes; (2) (b)Continuity of property maintenance; (3) (c) When appropriate,the availability of funds required for such maintenance; (4) (d) Adequate insurance protection; and (5) (e) Recovery for loss sustained by casualty and condemnation or otherwise. Page 21 of 21 October 24, 2006 ID • 120 DAYS =N/A DATE OF FILING: 10/26/2006 DATE MAILED: 10/27/2006 : 4 CITY OF TIGARD T Fc, y Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT (DCA)2006-00003 Case Name: PLANNED DEVELOPMENT CODE AMENDMENT Applicant's Name/Address: City of Tigard 13125 SW Hall Boulevard Tigard,Oregon 97223-8189 Owner's Names/Addresses: N/A Address of Property: N/A 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. 2006-16). THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANTS PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISIONS STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON SEPTEMBER 18, 2006 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON OCTOBER 24, 2006 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER Subject > The applicant is requesting approval of a Development Code Amendment to change the procedures and approval criteria for Planned Developments (Chapter 18.350) and add Definitions in Chapter 18.120. The proposed changes to Chapter 18.350 include a new purpose statement, and a new approval process and approval criteria. Related definitions of "density bonus", "landscaping", and open space facility" would be added to the Definitions Chapter (18.120). AT THE CLOSE OF THE RECORD ON OCTOBER 24, 2006, THE CITY COUNCIL MADE MINOR CHANGES TO THE PROPOSED CODE AMENDMENT AND UNANIMOUSLY VOTED TO APPROVE THIS REQUEST(Ordinance No.2006-16). ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.350 and 18.390;Comprehensive Plan Policies 1,2,3 and 6 and Statewide Planning Goals 1 and 2. Action: > © Approval ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: © Owners of Record within the Required Distance © Affected Government Agencies © Interested Parties © The Applicants and Owners Final Decision: THIS IS THE FINAL DECISION OF THE CITY AND IS EFFECTIVE ON NOVEMBER 23,2006. 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. 'PITY OF TIGARD, OREGON II TIGARD CITY COUNCIL ORDINANCE NO. 06-i to AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE, CHAPTERS 18.120 AND 18.350, TO CREATE A NEW PURPOSE STATEMENT, APPROVAL PROCESS, APPROVAL CRI'T'ERIA, AND OTHER REVISIONS FOR PLANNED DEVELOPMENTS AND TO ADD RELATED DEFINITIONS. (DCA 2006-00003) AS AMENDED WHEREAS,the applicant has requested an amendment to the Tigard Community Development Code Chapters 18.120 and 18.350, to create a new purpose statement, approval process, approval criteria and other revisions for Planned Developments; 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 September 18, 2006, and recommended approval of the proposed amendment (with additional revisions) 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 — —VW-BMA-ST-the Tigard-City--Counc-il-has found-the-following-to-be-the-only-applicable-review- criteria: Community Development Code Chapters 18.120.030, 18.350, 18.380.020, and 18.390.060; Comprehensive Plan Policies 1, 2, 3 and 6; 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 City Recorder. ORDINANCE No.06- J to Page 1 • PASSED: By Una,mOuW 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 thi day of t)G"7 i/Q,-e4. ,2006. deg„ Craig D. ksen,Mayor Approved as to form: ■ "'Attorney Date Certified to be a true copy of the Original on file at City of Tia, • Ci alL �y By ' ��1 •Po (' 10QL-«D TIGARD Caty Recorder, City of Tigard qk Date ORDINANCE No.06- .1(P Page 2 • S "EXHIBIT A" City of Tigard DCA 2006-00003 PIanned Developments Code Amendment October 2006 Explanation of Formatting These text amendments employ the following formatting: Strilethfeugh— For text to be deleted [Bold and Italic]— For text to be added. Chapter 18.120 DEFINITIONS [55. "Density bonus"—Additional dwelling units that can be earned as an incentive for providing undeveloped open space, landscaping, or tree canopy as defined further in this code.] [87. "Landscaping"—Areas primarily devoted to plantings, trees, shrubs, lawn and other organic ground cover together with other natural or artificial supplements such as water courses, ponds,fountains, decorative lighting, benches, bridges, rock or stone arrangements,pathways, sculptures, trellises and screens.] [104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned: a. Minimal Use Facilities. No other improvements (apart from underground utilities and natural and ecological enhancements) are allowed b. Passive Use Facilities.Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways,pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains,picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access shall be provided where site considerations permit. c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater degree of site development and/or ground disturbance;such as sports fields,playground equipment,group picnic shelters,swimming pools, hard and soft surface pathways, restrooms, and similar facilities.] [Renumber definitions after#55 according to the above amendments] Page 1 of 21 October 24, 2006 • • Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 The Process 18.350.030 Administrative Provisions•I.! ! • .. - .. . .. .. • . . _. , • I.! ! . . . . • : . . . . . . . .. • . . 18.350.030[18.350.0401 Conceptual-Development Plan Submission Requirements [18.350.050 Concept Plan Approval Criteria] [18.350.060 Detailed Development Plan Submission Requirements] [18.350.070 Detailed Development Plan Approval Criteria] 18.350.010 Purpose A. Purpose. The purposes of the planned development overlay zone are: 2 To facilitate the efficient use of land; particulac-sit-ei-and - [1. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; and] [2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and] Page 2 of 21 October 24,2006 • S [3. To achieve unique neighborhoods -(by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and] [4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis,presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site;and] [5. To consider an amount of development on a site, within the,limits of density requirements, which will balance the interests of the owner, developer,neighbors,and the City; and] [6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials.] 18350.020 The Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. [An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project, an approval authority may apply the provisions of this chapter as a condition of approving any application for the development] B. Elements of approval process. There are three elements to the planned development approval process, as follows: . . . . . . - . . . . . • . . -; r.. . . _ - [1. The approval of the planned development concept plan;and 2. The approval of the detailed development plan. 3. The approval of the planned development overlay zone.] C. Decision-making process. • • . .. . -: : . . .. • . .. . .. •• • I !• - [1. The concept plan shall be processed by means of a Type II-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050.] Page 3 of 21 October 24, 2006 i [2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as governed by 18.390.050, to ensure that it is substantially in compliance with the approved concept plan.] [3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan.] [4.Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval:All applicants are advised that the purpose of separating these applications is to provide them clear direction in developing the detailed plans.Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone.] [5. In the case of an existing planned development overlay zone, once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application.] [6. If the application involves subdivision of land,the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan.] . . . . • - • . . r" • . . . • . . to • o..tl [D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development application (i.e. the concept approval must precede the detailed development approval); however each required action may be made at the same hearing.] 18.350.030 Administrative Provisions [A. Time limit on filing of detailed development plan. The concept plan approval expires after 1-1/2 years unless an application for detailed development plan and, if applicable, a preliminary plat approval or request for extension is filed.Action on the detailed development plan shall be taken by the Planning Commission by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria in 18.350.070.] A.[B.J Zoning map designation. '-- • . . .. .• . . • . . . - • . • •. . • - . : : . — [The planned development overlay zone application shall be concurrently approved if the Page 4 of 21 October 24, 2006 • • detailed development plan is approved by the Planning Commission.)The zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. B. Time limit en filing of detailed development elan. Within 1 1/2 years after the date of e - . . . . . . .4. • - - . ,. ..: . . .. . .. .., •I 54 $ e• - . • • .. .: - - . .. •• - r. • - _ • �- - c. The change involves a change in use; .. . • - • $.• IA \:J:1.�:I�.A ,.:.:— .,.ate. .1- C. Extension. The Director shall,upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1. No changes have been made on the original conceptual development plan as approved by the Commission; 2. The applicant can show intent of applying for detailed development plan[or preliminary plat] review within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. D. Phased development. 1. The Commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for conceptual development plan review. 2. The criteria for approving a phased detail development plan proposal are that: Page 5 of 21 October 24, 2006 • • a. The public facilities shall be constructed in conjunction with or prior to each phase; and b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities.A temporary public facility is any facility not constructed to the applicable City or district standard. E. Substantial modifications to conceptual plan. [If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required] _ . . .. .. - .. . •., - ..: - . - : . [F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter.] [G. Issuance of occupancy permits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued However, when the Director determines that immediate execution of any feature of an approved detailed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary condition, the Director shall, as a precondition of the issuance of a required permit, require the posting of a performance bond or other surety to secure execution of the feature at a time certain not to exceed one year.] occupancy permits are issued. However, when the Director determines that immediate•• , - - - •. •.. . . . • ., . . . .. - - .. •• . ... . . . . - - . . ,. - • . - - Page 6 of 21 October 24, 2006 • • .. ,. - - .. . _ :. !. ! ! : . r: - - ., 3 Duplex residential units; 5 Manufactured homes; the-zene; 7 Community building; 10 Recreational vehicle storage area. . . . - • . , . . . - .. . .. . ..- ,. . _ , . . . - fellows: 2 Site coverage: The site coverage previsions of the base zone shall apply; �. Structure setback provisions:•_ .. _ - .. • _ - . . . - _ .. .. - rn,. stoof -. - • Page 7 of 21 October 24, 2006 • • B. Exceptions to sign requirements. The Commission may grant an exception to the sign•. . • . . . - .. . . . . - - . .. - - standard o - - . . - .. - •- - • . - - . - . . . . - ; .. . £O . X50.090 118.350.040]Concept Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type IIIB [-PC] procedure, as governed by Section 18.390.050 [and the additional information required by 18.350.040.B.] In addition, the applicant shall submit the following: 1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include: [a.]A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. [b. An explanation of the architectural style, and what innovative site planning principles are utilized including any innovations in building techniques that will be employed.] [c.An explanation of how the proposal relates to the purposes of the Planned Development Page 8 of 21 October 24, 2006 • • Chapter as expressed in 18.350.010.] [d.An explanation of how the proposal utilized the Planning Commissioner's Toolbox] 2. A[general]development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development.[In the case where a residential subdivision is proposed, the statement shall include the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders.] B. Additional information. In addition to the general information described in Subsection A above, the conceptual-development plan, data; and narrative shall include the following information, the detailed content of which can be obtained from the Director: 1. Existing site conditions; 2. A site concept [including the types of proposed land uses and structures, including housing types, and their general arrangement on the site]; 3. A grading concept; 4. A landscape concept[indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); [5. Parking concept;] 5. [6.]A sign concept; and [7.A streets and utility concept; and] [8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable.] [C.Allowable Uses] 1. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c. The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; Page 9 of 2l October 24, 2006 • • , c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; f. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with, but clearly incidental to, the residential uses permitted in the zone[such as personal services,preschool or daycare, and retail uses less than 5,000 square feet in sum total]; g. Community building; h. Indoor recreation facility; athletic club, fitness center, racquetball court, swimming pool,tennis court or similar use; i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and j. Recreational vehicle storage area 2. In commercial zones. In all commercial zones, an applicant with a planned development approval may develop the site to contain all of the uses permitted outright in the underlying zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi- family dwellings in those commercial zones that do not Iist multi-family dwellings as an outright use. 3. In industrial zones. In all industrial zones, a planned development shall contain only those uses allowed outright in the underlying zoning district. [18.350.050 Concept Plan Approval Criteria] [A. The concept plan may be approved by the Commission only if all of the following criteria are met: 1:Tke corrceptpla uinciudes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their maximized protection,preservation, and/or management 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops,etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site.. Page 10 of 21 October 24,2006 • • 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood.] [18.350.060 Detailed Development Plan Submission Requirements] [A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.B and the approval criteria under 13.3 50.070.] [B.Additional Information.In addition to the general information described in Subsection A above, the detailed development plan, data, and narrative shall include the following information: 1. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in grade, along drainage channels or swales, and at selected points, as needed. 2. A specific development schedule indicating the approximate dates of construction activity, including demolition, tree protection installation, tree removal,ground breaking, grading,public improvements, and building construction for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. City Recorder's note: On October 24, 2006, the following wording shown at this location in this document for Section 4 a., b., and c. was deleted by the Tigard City.Council: • • • , Page 11 of 21 October 24, 2006 • • . . . [C. Compliance with specific development standards. The Detailed Development Plan shall show compliance with base zone provisions, with the following modifications: 1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; . 3. Building height: In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2 times the height of the building. 4. Structure setback provisions: a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; (2) A minimum front yard setback of 20.feet is required for any garage structure which opens facing a street This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. (3)A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modem the base zone setbacks, the applicant shall speck the proposed setbacks, either on a lot by lot, or project wide basis. The commission may require site specific building envelopes. 5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter.) 18.350.100 118.350.070 Detailed Development Plan]Approval Criteria Page 12 of 21 October 24, 2006 • • • [A.Detailed Development Plan Approval Criteria.A detailed development plan may be approved only if all the following criteria are met: 1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: a. The change increases the residential densities, increases the lot coverage by buildings or reduces the amount of parking; b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; • d. The change commits land to development which is environmentally sensitive or subject to a potential hazard; and e. The change involves a major shift in the location of buildings,proposed streets,parking lots, landscaping or other site improvements.] • . • - . •• . - - . 0. . .. . - . ., _ - ! . . . - - ' .. . .. • . . . ' .. . . D . . . . ' - 11-- - - . . . .. applies —� [2.]All the provisions of the land division provisions, Chapters 18.410, 18.420[Partitions] and 18.430[Subdivisions], shall be met[f applicable]; 2. [3.]Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this [chapter] section. In-each case, the applicant must provide findings to justify the modification of the standards in the chapters listed in Subsection 3 below. [The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested] [a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same type of issues as the Site Development Review.] Page 13 of 21 October 24, 2006 • • [b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site(vehicles, bicycles,pedestrians, and transit).) —a [c.]Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, [using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission.] The Commission may further authorize a density bonus not to exceed 10%as an incentive to increase or enhance open space, architectural character and/ or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1) [A 1% bonus for each 5% of the gross site area set aside in open space, up to a maximum of 5%,] ° is allowed for the provision of[active use recreational open space] , exclusive of areas contained in floodplain,[steep]slopes greater than 25 %, drainageways, or wetlands that would otherwise be precluded from development; (2)[Up to a maximum of 5% is allowed for the development of pedestrian amenities, streetscape development, recreation areas, plazas, or other items from the "Planning Commission's Toolbox."J • - ._ .. ° . ' .. . . .. . . . :; . .- . . . .- • ; - . . . of—housing—types [d] Chapter 18.745, Landscaping and Screening. [The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect,provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified] Page 14 of 21 October 24,2006 • • • [el Chapter 18.765, Off-street Parking and Loading Requirements. [The Commission may grant an exception to the off-street parking dimensional and minimum number of • space requirements in the applicable zone if: (1) The minimum number of parking spaces is not reduced by more than 10 percent of the required parking;and (2) The application is for a use designed for a specific purpose which is intended to be permanent in nature, e.g., a nursing home, and which has a low demand for off-street parking;or (3) There is an opportunity for sharing parking and there is written evidence that the property owners are willing to enter into a legal agreement; or (4) Public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses; or (5) There is a community interest in the preservation of particular natural features of the site which make it in the public interest to grant an exception to parking standards.] f.] Chapter 18.780, Signs. [The Commission may grant an exception to the sign dimensional requirements in the applicable zone if (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs; and prop d City Recorder's note: On October 24, 2006, Section (2) above was amended by the Tigard City Council to read as follows: (2) The exception is necessary for adequate visibility of the sign on the property;and (3) The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties.] [g.] Chapter 18.795,Visual Clearance Areas. [The Commission may grant an exception to the visual clearance requirements, when adequate sight distance is or can be met;] [h.] Chapter 18.810, Street and Utility Improvements,Sections 18.810.040, Blocks;and 18.810.060; Lots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an exception request. The Commission can only grant an exception to street sanctions if it is sanctioned by Page 15 of 21 October 24, 2006 • • the City Engineer. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: (1) Public safety will not be compromised; and (2) In the case of public streets,maintenance costs will not be greater than with a conforming design; and (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment.] e. Chapter 18.795, Visual Clearance Areas;. d. Chapter 18.715, Landscaping and Screening; f. Chapter 18.705, Access, Egress and Circulation; and g. Chapter 18.780, Signs. [4.1 In addition, the following criteria shall be met: a. Relationship to the natural and physical environment: (1) The streets, buildings and other site elements shall be designed and located to preserve the existing trees, topography and natural drainage to the greatest degree possible.[The commission may require the applicant to provide an alternate site plan to demonstrate compliance with this criterion;] (2) Structures located on the site shall not be in areas subject to ground slumping and sliding[as — -- demonstrated-by-the-inclusion-of a spec-ific-geoteehnic-al-evaluation,•] - fire protectio n;; (43 [(3) Using the basic site analysis information from the concept plan submittal,]the structures shall be oriented with consideration for the sun and wind directions,where possible; and (5) Trees preserved to the extent possible.Replacement of trees is subject to the b. Buffering, screening and compatibility between adjoining uses: (1) Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; (2) In addition to the requirements of the buffer matrix(Table 1 8.745.1),[the requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same level of buffering and screening with alternate materials or methods.]The following factors shall be considered in determining the adequacy and extent of the buffer required under Page 16 of 21 October 24, 2006 • • • Chapter 18.745: (a)The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust,or to provide a visual barrier; (b)The size of the buffer needs in terms of width and height to achieve the purpose; (c)The direction(s)from which buffering is needed; (d)The required density of the buffering; and (e)Whether the viewer is stationary or mobile. (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas,parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a)What needs to be screened; (b)The direction from which it is needed;and (c) Whether the screening needs to be year-round. c. Privacy and noise: Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner,to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise; [d. Exterior. elevations — single-family attached and multiple family structures: Along the vertical face of single-family attached and multiple family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses, e.g., decks,patios, entrances,floor area,of a minimum depth of eight feet; (2) Extensions, e.g., decks,patios, entrances,floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and (3) Offsets or breaks in roof elevations of three or more feet in height] d.[e.J Private outdoor area[residential] use:•(1) • • • - - • ' - . •• - - - . .-•• . - ,[Exclusive of any other required open space facility,] each ground-level residential dwelling unit shall have an outdoor private area(patio, terrace,[or]porch) of not less than 48 square feet[with a minimum width dimension of four fteta (2) Wherever possible,private outdoor open spaces should be oriented toward the sun; and (3) Private outdoor spaces shall be screened or designed to provide privacy for the use of the.space. e. ff.]Shared outdoor recreation areas—[residential] use: (1) •• •- -• • • - _ • - •• • • , . - •- [Exclusive of any other required open space facilities,)each multiple dwelli^.. [residential] development shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a)Studio units up to and including two bedroom units, 200 square feet per unit; and (b)Three or more bedroom units, 300 square feet per unit. Page 17 of 21 October 24, 2006 • • • • (2) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (3)The required recreation space may be provided as.follows: ... . .. . . .. - .. . ... . ; . .• . . . .. . . .. . - - - - a. . . - A : [(a) Additional outdoor passive use open space facilities; (b) Additional outdoor active use open space facilities; (c) Indoor recreation center;or (d) A combination of the above.] City Recorder's note: On October 24, 2006, the following wording for a Section g, which was shown at this location in this document, was deleted by the Tigard City.Council: • .. • , . . ; . :., . , : • . . . • . • . . • • • ., . . , - . .; (b) A trellis or arbor (c) A change in elevation or grade; (e) Sign;or (I) Landscaping. [g.j Access and circulation: (1) The number of[required] allowed access points for a development shall be provided in Chapter 18.705; (2) All circulation patterns within a development must be designed to accommodate emergency[and service]vehicles; and (3) Provisions shall be made for pedestrian and bicycle ways[abutting and through a Page 18 of 21 October 24, 2006 • • • site]if such facilities are shown on an adopted plan[or terminate at the boundaries of the project site.] g.[h.]Landscaping and open space: (1) Residential Development: In addition to the [buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities,] -: . . •- - : . . . • - . . . , . . . - -, a minimum of 20 percent of the site shall be landscaped. [This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan,prepared or approved by a licensed landscape architect, and surety for such landscape installation;] limped;-- and 1}[L]Public transit: (1)Provisions for public transit may be required where the site abuts[or is within a '/ mile on a public transit route. The required facilities shall be based on: (a)The location of other transit facilities in the area; and (b)The size and type of the proposed development. (2) The required facilities[may include but are not necessarily limited to]shall-be-limited to such facilities as: (a)A waiting shelter; (b)A turn-out area for loading and unloading; and (c)Hard surface paths connecting the development to the waiting area. [(3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement.] i. Signs: 11.1 Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter Chapter 18.765; (2) Up to 50%of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. [k.]Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter[18.810.] :. , - - - - - . . • : Page 19 of 21 October 24, 2006 • • - .. ; [An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets, porous concrete, or eco roofs.] [z] Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require consideration of the dedication of , sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. [m.] 18.350.110 Shared Open Space [Facilities: The detailed development plan shall designate a minimum of 20% of the gross site area as a shared open space facility. • The open space facility may be comprised of any combination of the following: (1) Minimal Use Facilities.. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands,streams, or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for active recreational use. (4)The open space area shall be shown on the final plan and recorded on the final plat or covenants.] [n. Open Space Conveyance. Where a proposed park,playground or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use,provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods:] A. Requirements for shared open space. Where the open space is designated on the plan ar, Page 20 of 21 October 24, 2006 i • •. . . : . 9 - ; a-[(1)Public Ownership.] : - . - - - • .. _ .. open space. Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations [A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval. Dedications of open space may be eligible for Systems Development Charge credits, usable only for the proposed development If deemed to be not acceptable, the open space shall be in private ownership as described below;] -1} [(2)Private Ownership.] By leasingor conveying title(including beneficial ownership) to a corporation, home association or other legal entity,[and granting a conservation easement to the City in a form acceptable by the City. The terms of the conservation easement must include provisions for the following:] (�) (a) The continued use of such land for the intended purposes; (2) (b)Continuity of property maintenance; (3) (c) When appropriate,the availability of funds required for such maintenance; (4) (d) Adequate insurance protection; and (5) (e) Recovery for loss sustained by casualty and condemnation or otherwise. Page 21 of 21 October 24, 2006 • °A: 2 Notice of Adoption L THIS FORM MUST BE MAILED TO DLCD O O WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION PER ORS 197.610,OAR CHAPTER 660-DIVISION 18 3'F For DLCD Use Only Jurisdiction: City of Tigard Local file number: DCA2006-00003 Date of Adoption: October 24, 2006 Date Mailed: October 27, 2006 - Date original Notice of Proposed Amendment was mailed to DLCD: August 2,2006 ❑ Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ® Land Use Regulation Amendment ❑ Zoning Map Amendment ❑ New Land Use Regulation ❑ men Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". The applicant is requesting approval of a Development Code Amendment to change the procedures and approval criteria for Planned Developments (Chapter 18.350) and add Definitions in Chapter 18.120. The proposed changes to Chapter 18.350 include a new purpose statement, and a new approval process and approval criteria. Related definitions of "density bonus", "landscaping", and open space facility" would be added to the Definitions Chapter (18.120). 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". Revised the definition of "Minimal Use Facilities", changed wording of several sections, deleted one concept plan approval criteria, and deleted one detailed development plan approval criteria. 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.: • • 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 rio, 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 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 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 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 - A 1"1 ENTION: PLAN AMENDMENT SPECIALIST. •ITY OF TIGARD, OREGON • TIGARD CITY COUNCIL ORDINANCE NO. 06-I LP AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE, CHAPTERS 18.120 AND 18.350, TO CREATE A NEW PURPOSE STATEMENT, APPROVAL PROCESS, APPROVAL CRITERIA, AND OTHER REVISIONS FOR PLANNED DEVELOPMENTS AND TO ADD RELATED DEFINITIONS. (DCA 2006-00003) AS AMENDED WHEREAS, the applicant has requested an amendment to the Tigard Community Development Code Chapters 18.120 and 18.350, to create a new purpose statement, approval process, approval criteria and other revisions for Planned Developments; 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 September 18, 2006, and recommended approval of the proposed amendment (with additional revisions) 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 18.120.030, 18.350, 18.380.020, and 18.390.060; Comprehensive Plan Policies 1, 2, 3 and 6; 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 City Recorder. ORDINANCE No. 06- 16 Page 1 • • PASSED: By Una/ IOU-S vote of all Council members present after being read by number and title only, this a'/—day of C , 2006. Cla ...—Qz-LX-_ 11-e_ (-011.e-a-t-eLcj, Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this -T day of C-)G&�� , 2006.deg.„ Craig D. ksen, Mayor Approved as to form: i / Attorney (0 - 024( O(9 Date Ceiiified to be a true copy of the Original on file at Ciy of 1 Tio Cz all. ByL k rkk, (‘NQtat,D40.01s0 . -' Col Recorder, City gard Date TIGARD ty of J ORDINANCE No. 06- I(y Page 2 • S • "EXHIBIT A" City of Tigard DCA 2006-00003 Planned Developments Code Amendment October 2006 Explanation of Formatting These text amendments employ the following formatting: mike engh— For text to be deleted [Bold and Italic]— For text to be added Chapter 18.120 DEFINITIONS [55. "Density bonus"—Additional dwelling units that can be earned as an incentive for providing undeveloped open space, landscaping, or tree canopy as defined further in this code.] [87. "Landscaping"—Areas primarily devoted to plantings, trees, shrubs, lawn and other organic ground cover together with other natural or artificial supplements such as water courses, ponds,fountains, decorative lighting, benches, bridges, rock or stone arrangements,pathways, sculptures, trellises and screens.] [104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned: a. Minimal Use Facilities. No other improvements (apart from underground utilities and natural and ecological enhancements) are allowed. b. Passive Use Facilities.Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways,pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains,picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access shall be provided where site considerations permit. c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater degree of site development and/or ground disturbance;such as sports fields,playground equipment,group picnic shelters,swimming pools, hard and soft surface pathways, restrooms, and similar facilities.] [Renumber definitions after#55 according to the above amendments] Page 1 of 21 October 24, 2006 • • Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 The Process 18.350.030 Administrative Provisions • ! ! .I . . . . . . .. . • •• . . . • . . • !.! ! • . . , . . • • _ • • _ . 18,350.090[18.350.040]Conceptual-Development Plan Submission Requirements [18.350.050 Concept Plan Approval Criteria] [18.350.060 Detailed Development Plan Submission Requirements] [18.350.070 Detailed Development Plan Approval Criteria] 18.350.010 Purpose A. Purpose. The purposes of the planned development overlay zone are: • 2 To facilitate the efficient use of land; space, and utilities; living nts [1. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; and] [2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and] Page 2 of 21 October 24,2006 • • [3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and] [4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis,presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site;and] [5. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the City;and] [6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials.] 18350.020 The Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. [An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project, an approval authority may apply the provisions of this chapter as a condition of approving any application for the development.] B. Elements of approval process. There are three elements to the planned development approval process, as follows: . , . . • • -; - - [1. The approval of the planned development concept plan; and 2. The approval of the detailed development plan. 3. The approval of the planned development overlay zone.] C. Decision-making process. • • . ,. . : . . . - - - . . .. . . . .. reviewed by means of a Type II procedure, as governed by 18.390.010, to ensure that it is tan [1. The concept plan shall be processed by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050.] Page 3 of 21 October 24, 2006 • [2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as governed by 18.390.050, to ensure that it is substantially in compliance with the approved concept plan.] [3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan.] [4.Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval.All applicants are advised that the purpose of separating these applications is to provide them clear direction in developing the detailed plans. Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone.] [5. In the case of an existing planned development overlay zone, once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application.] [6. If the application involves subdivision of land, the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan.] - - - . . - .. . . . . .- ' . . . •_. - . • • . • -.1ii s..i.0 M.....Cs".•••••;..1.;ow..y: • . • . .• . . - . . .. coneurrentl c [D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development application (i.e. the concept approval must precede the detailed development approval); however each required action may be made at the same hearing.] 18.350.030 Administrative Provisions [A. Time limit on filinri of detailed development plan. The concept plan approval expires after 1-1/2 years unless an application for detailed development plan and, if applicable, a preliminary plat approval or request for extension is filed Action on the detailed development plan shall be taken by the Planning Commission by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria in 18.350.070.] A.[B.J Zoning map designation. - . . .. . . . . . -. . . . - . , - . : . , [The planned development overlay zone application shall be concurrently approved if the Page 4 of 21 October 24, 2006 • • detailed development plan is approved by the Planning Commission.]The zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. B. Time limit en filing of detailed development plan-. Within 1 1/2 years after the date of - . . . • . . - . . - . .. - • � � �. � _ . a. The change increases the residential densities, increases the lot coverage by c. The change involves a change in use; 2. A decision by the Director may be appealed by the applicant or other affected/approved parties to the Commission and the Commission shall decide whether the detailed • •. •. 1 C. Extension. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1. No changes have been made on the original conceptual development plan as approved by 'the Commission; 2. The applicant can show intent of applying for detailed development plan for preliminary plat) review within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. D. Phased development. 1. The Commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for conceptual development plan review. 2. The criteria for approving a phased detail development plan proposal are that: Page 5 of 21 October 24, 2006 • • a. The public facilities shall be constructed in conjunction with or prior to each phase; and b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. E. Substantial modifications to conceptual plan. [If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required.] . . . .. .. . . •. . . . . [F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter.] [G. Issuance of occupancy permits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued. However, when the Director determines that immediate execution of any feature of an approved detailed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary condition, the Director shall, as a precondition of the issuance of a required permit, require the posting of a performance bond or other surety to secure execution of the feature at a time certain not to exceed one year.]•. . . •• . , . . , .. ., . .• . -, , - - •, , .. • _ - . . • . - . . •- - . - _ - . . - Page 6 of 21 October 24, 2006 • • 3 Duplex residential units; '1 Multi family residential units; 5 Manufactured homes; the zone 7 Community building; . .. • • •' ; . - - - - , . . . .. . .. , • . . -- - , 10 Recreational vehicle storage area. •• . . . . - . - - .. - °. . - - .. _ . ° .- .. . - - • EutFight-use fellows- 2 Site coverage: The site coverage provisions of the base zone shall apply; 3 Building height: The building height provisions shall not apply; and 4. Structure setback provisions: .. . . . .. . . . Page 7 of 21 October 24, 2006 • • !.! : ! .. . . . I • • . . .. • . . • . ,.mss_;" _ .�: .. . . - _ .. .. - 4 2 "- - . . . . . - . . .. .. . . B. Exceptions to sign requirements. The Commission may grant an exception to the sign C. Exce•tions to landsca s in• re•uirements. The Commission may grant an exception to the -144350A190[18.350.040]Concept Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III [-PC] procedure, as governed by Section 18.390.050 [and the additional information required by 18.350.040.B.] In addition, the applicant shall submit the following: 1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include: [a.]A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. [b. An explanation of the architectural style, and what innovative site planning principles are utilized including any innovations in building techniques that will be employed.] [c.An explanation of how the proposal relates to the purposes of the Planned Development Page 8 of 21 October 24, 2006 • • Chapter as expressed in 18.350.010.] [d.An explanation of how the proposal utilized the Planning Commissioner's Toolbox .] 2. A[general]development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development.[In the case where a residential subdivision is proposed, the statement shall include the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders.] from the Director B. Additional information. In addition to the general information described in Subsection A above, the conceptual-development plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: 1. Existing site conditions; 2. A site concept [including the types of proposed land uses and structures, including housing types, and their general arrangement on the site]; 3. A grading concept; 4. A landscape concept[indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); [5. Parking concept;] 5. [6.]A sign concept; and [7.A streets and utility concept;and] [8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable.] [C.Allowable Uses] 1. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c. The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; Page 9 of 21 October 24, 2006 • • c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; f. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with, but clearly incidental to, the residential uses permitted in the zone[such as personal services,preschool or daycare, and retail uses less than 5,000 square feet in sum total]; g. Community building; h. Indoor recreation facility; athletic club, fitness center, racquetball court, swimming pool, tennis court or similar use; i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and j. Recreational vehicle storage area: 2. In commercial zones. In all commercial zones, an applicant with a planned development approval may develop the site to contain all of the uses permitted outright in the underlying zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi- family dwellings in those commercial zones that do not list multi-family dwellings as an outright use. 3. In industrial zones. In all industrial zones, a planned development shall contain only those uses allowed outright in the underlying zoning district. [18.350.050 Concept Plan Approval Criteria] [A. The concept plan may be approved by the Commission only if all of the following criteria are met: 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their maximized protection,preservation, and/or management 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops, etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. Page 10 of 21 October 24, 2006 • • 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood] [18.350.060 Detailed Development Plan Submission Requirements] [A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.B and the approval criteria under 13.350.070.] [B.Additional Information. In addition to the general information described in Subsection A above, the detailed development plan, data, and narrative shall include the following information: 1. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in grade, along drainage channels or swales, and at selected points, as needed. 2. A specific development schedule indicating the approximate dates of construction activity, including demolition, tree protection installation, tree removal,ground breaking,grading,public improvements, and building construction for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. City Recorder's note: On October 24, 2006, the following wording shown at this location in this document for Section 4 a., b., and c. was deleted by the Tigard City Council: required. Page 11 of 21 October 24, 2006 • • , ., . , . . [C. Compliance with specific development standards. The Detailed Development Plan shall show compliance with base zone provisions, with the following modifications: I. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; 3. Building height: In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2 times the height of the building. 4. Structure setback provisions: a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; (2) A minimum front yard setback of 20.feet is required for any garage structure which opens facing a street This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. (3)A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The commission may require site specific building envelopes. 5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter.] 8. 50.100[18.350.070 Detailed Development Plan]Approval Criteria Page 12 of 21 October 24, 2006 . . • • [A. Detailed Development Plan Approval Criteria.A detailed development plan may be approved only if all the following criteria are met: 1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: a. The change increases the residential densities, increases the lot coverage by buildings or reduces the amount of parking; b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; d. The change commits land to development which is environmentally sensitive or subject to a potential hazard; and e. The change involves a major shift in the location of buildings,proposed streets,parking lots, landscaping or other site improvements.]•' - - Y. - ! - !- . . .•. , , . . . • . . - - ' .. . -. ! - - . - - ' r. - . . . . • - - . .. • - . . . . . - - - - . • - • - ! .. - - ' - . —1- [2.]All the provisions of the land division provisions, Chapters 18.110, 18.420[Partitions] and 18.430[Subdivisions], shall be met[if applicable]; 2. [3.]Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this [chapter] section. In-each case, the applicant must provide findings to justify the modification of the standards in the chapters listed in-Subsection-3- below. [The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested.] • [a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same type of issues as the Site Development Review.] Page 13 of 21 October 24, 2006 • • [b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site (vehicles, bicycles,pedestrians, and transit).] -a [c.]Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, [using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission.] The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/ or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1) [A 1% bonus for each 5% of the gross site area set aside in open space, up to a maximum of 5%,]A maximum of 3% is allowed for the.provision of[active use recreational open space] .. - . . . .. -, exclusive of areas contained in floodplain,[steep]slopes greater-than-2-5-%, drainageways, or wetlands that would otherwise be precluded from development; (2) [Up to a maximum of 5% is allowed for the development of pedestrian amenities, streetscape development, recreation areas, plazas, or other items from the "Planning Commission's Toolbox."] heusing4ypes: [d] Chapter 18.745, Landscaping and Screening. [The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect,provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified] Page 14 of 21 October 24, 2006 . • [e.] Chapter 18.765, Off-street Parking and Loading Requirements. [The Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if: (1) The minimum number of parking spaces is not reduced by more than 10 percent of the required parking; and (2) The application is for a use designed for a specific purpose which is intended to be permanent in nature, e.g., a nursing home, and which has a low demand for off-street parking;or (3) There is an opportunity for sharing parking and there is written evidence that the property owners are willing to enter into a legal agreement; or (4) Public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses; or (5) There is a community interest in the preservation of particular natural features of the site which make it in the public interest to grant an exception to parking standards.] [j.J Chapter 18.780, Signs. [The Commission may grant an exception to the sign dimensional requirements in the applicable zone if: (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs; and 1roPeFty`-and City Recorder's note: On October 24, 2006, Section (2) above was amended by the Tigard City Council to read as follows: (2) The exception is necessary for adequate visibility of the sign on the property;and (3) The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties.] [g.J Chapter 18.795,Visual Clearance Areas. [The Commission may grant an exception to the visual clearance requirements, when adequate sight distance is or can be met;] [h.] Chapter 18.810,Street and Utility Improvements,Sections 18.810.040, Blocks;and 18.810.060, Lots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an exception request. The Commission can only grant an exception to street sanctions if it is sanctioned by Page 15 of 21 October 24, 2006 • S the City Engineer. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: (1) Public safety will not be compromised; and (2) In the case of public streets, maintenance costs will not be greater than with a conforming design; and (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment.] b. Chapter 18.730, Exceptions to Development Standards; c. Chapter 18.795, Visual Clearance Areas; d. Chapter 18.715, Landscaping and Screening; c. Chapter 18.765, Off street Parking and Loading Requirements; f. Chapter 18.705, Access, Egress and Circulation; and g. Chapter 18.780, Signs. -[4.] In addition, the following criteria shall be met: a. Relationship to the natural and physical environment: (1) The streets, buildings and other site elements shall be designed and located to preserve the existing trees, topography and natural drainage to the greatest degree possible. [The commission may require the applicant to provide an alternate site plan to demonstrate compliance with this criterion;] (2) Structures located on the site shall not be in areas subject to ground slumping and sliding[as demonstrated by the inclusion of a specific geotechnical evaluation;] fire-Pfeteetien (4) [(3) Using the basic site analysis information from the concept plan submittal,]the structures shall be oriented with consideration for the sun and wind directions, where possible; and (5) Trees preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. b. Buffering, screening and compatibility between adjoining uses: (1) Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; (2) In addition to the requirements of the buffer matrix (Table 18.745.1),[the requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same level of buffering and screening with alternate materials or methods.]The following factors shall be considered in determining the adequacy and extent of the buffer required under Page 16 of 21 October 24, 2006 • • Chapter 18.745: (a)The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (b)The size of the buffer needs in terms of width and height to achieve the purpose; (c)The direction(s)from which buffering is needed; (d)The required density of the buffering; and (e)Whether the viewer is stationary or mobile. (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas,parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; (b)The direction from which it is needed; and (c) Whether the screening needs to be year- round. c. Privacy and noise: Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner,to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise; [d. Exterior elevations — single-family attached and multiple family structures: Along the vertical face of single-family attached and multiple family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses, e.g., decks,patios, entrances,.floor area, of a minimum depth of eight feet; (2) Extensions, e.g., decks,patios, entrances,floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and (3) Offsets or breaks in roof elevations of three or more feet in height.] El.[e.]Private outdoor area[residential] use: (1) - • . . . . • .• - .. - . . ..•. _ . . ,[Exclusive of any other required open space facility,] each ground-level residential dwelling unit shall have an outdoor private area(patio, terrace,[or]porch) of not less than 48 square feet[with a minimum width dimension of four feet;] (2) Wherever possible,private outdoor open spaces should be oriented toward the sun; and (3) Private outdoor spaces shall be screened or designed to provide privacy for the use of the space. e.[j.]Shared outdoor recreation areas—[residential] use:•(1) . •: •• . • . .•• • . • • [Exclusive of any other required open space facilities,]each [residential] development shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a) Studio units up to and including two bedroom units, 200 square feet per unit; and (b)Three or more bedroom units, 300 square feet per unit. Page 17 of 21 October 24, 2006 • • (2) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (3)The required recreation space may be provided as follows: " • . -.. . . - - - .. .. . -., - -- •- , -. - .. Z . . .. . . [(a) Additional outdoor passive use open space facilities; (b) Additional outdoor active use open space facilities; (c) Indoor recreation center; or (d) A combination of the above.] City Recorder's note: On October 24, 2006, the following wording for a Section g, which was shown at this location in this document, was deleted by the Tigard City Council: . . , • • • , .• • • • ' • (b) A trellis or arbor (c) A change in elevation or grade; „ . (e) Sign; or (n Landscaping. [g.]Access and circulation: (1) The number of[required] allowed access points for a development shall be provided in Chapter 18.705; (2) All circulation patterns within a development must be designed to accommodate emergency[and service]vehicles; and (3) Provisions shall be made for pedestrian and bicycle ways[abutting and through a Page 18 of 21 October 24, 2006 • • site]if such facilities are shown on an adopted plan[or terminate at the boundaries of the project site.] g.[h.]Landscaping and open space: (1) Residential Development: In addition to the [buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities,] . . . ... . . . . ... . . .. : - . . . - •. -, a minimum of 20 percent of the site shall be landscaped. [This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan,prepared or approved by a licensed landscape architect, and surety for such landscape installation;] landseaPedafid Public transit: (1)Provisions for public transit may be required where the site abuts[or is within a '/ mile of]a public transit route. The required facilities shall be based on: (a)The location of other transit facilities in the area; and (b)The size and type of the proposed development. (2) The required facilities[may include but are not necessarily limited to]shall-be-limited to such facilities as: (a)A waiting shelter; (b)A turn-out area for loading and unloading; and (c) Hard surface paths connecting the development to the waiting area. [(3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement.] Signs: Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter Chapter 18.765; (2) Up to 50%of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. [k.JDrainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter[18.810.] :. •. - . - • - •- • - . . . . : • : Page 19 of 21 October 24, 2006 i • [An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets, porous concrete, or eco roofs.] [1.] Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. [m.J 18.350.110 Shared Open Space [Facilities: The detailed development plan shall designate a minimum of 20% of the gross site area as a shared open space facility. The open space facility may be comprised of any combination of the following: (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands,streams, or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for active recreational use. (4)The open space area shall be shown on the final plan and recorded on the final plat or covenants.] [n. Open Space Conveyance. Where a proposed park,playground or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use,provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods:] Page 20 of 21 October 24, 2006 • • • a-[(1)Public Ownership.] : . . . epen-spaee, Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations [A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval. Dedications of open space may be eligible for Systems Development Charge credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below;] [(2)Private Ownership.] By leasing-er conveying title (including beneficial ownership) to a corporation, home association or other legal entity,[and granting a conservation easement to the City in a form acceptable by the City. The terms of the conservation easement must include provisions for the following:] (1) (a) The continued use of such land for the intended purposes; (-2-) (b)Continuity of property maintenance; (3) (c) When appropriate,the availability of funds required for such maintenance; (4) (d) Adequate insurance protection; and (5) (e) Recovery for loss sustained by casualty and condemnation or otherwise. Page 21 of 21 October 24, 2006 • O U.S. Postal ServiceTM r CERTIFIED MAILTM RECEIPT co (Domestic Mail Only;No Insurance Coverage Provided) D' For delivery information visit our website at www.usps.coms N OFFICIAL E Postage $/35 ; °04' �/ O Certified Fee 1/0 .: "§\ oReturn Receipt Fee l Q P�t� C5 (Endorsement Required) �' q r W' 9 Restricted Delivery Fee .?e' ee r1 (Endorsement Required) �> �,% • o AS o Total Postage&Fees i D • - . o Sent To ATTN: PLAN AMENDMENT SPECIALIST r` 4iree4 tti Oregon Dept. of Land Conservation & Dever, or PO Box I City,State, 635 Capital Street NE, Suite 150 •- Salem, OR 97301-2540 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. Sign item 4 if Restricted Delivery is desired. � /,` Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. - . R clued rinte Nam C. Dat f Delivery l • Attach this card to the back of the mailpiece, 1��eL 0 f or on the front if space permits. IIIGGG��� ! J ) D. Is de very address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No 1 i 'ATTN: PLAN AMENDMENT SPECIALIST . Oregon Dept. of Land Conservation & Devel, r 635 Capital Street NE, Suite 150 Salem, OR 97301-2540 3. Ice Type • Certified Mall ❑Express Mail _ ___- ❑ Registered ❑Retum Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ( 7006 0810 0002 4524 9891 (Transfer from service labeq I PS.Form 3811,February 2004 Domestic Return Receipt 1o2595-02-M-154o • I U1 T I GARD City Council Document Transmittal To: Patty Lunsford From: Cathy Wheatley 0(0 Date: October 26, 2006 I'm sending you: Document Type: ❑ IGA El Contract X Other Document Name: Certified copy of Ordinance No. 06-16 —DCA 2006-00003 (Chapters 18,120 and 18.3590) —Planned Developments Approved at the Council Meeting of: October 24,2006 Number Copies Included: 1 certified copy X Your document(s) have been signed by the Mayor ❑Your document(s) have been signed by the City Manager ❑Your document(s) requires an additional signature(s) ❑When all signatures have been obtained, file an original document with City of Tigard Records ❑Additional information: The Council conducted a public hearing before adopting the attached ordinance. There was no additional written or oral public testimony presented at the hearing. Associate Planner Farrelly reported during his staff report to the City Council that on October 23 a development consultant sent an e-mail registering strong objections to several aspects of the code amendment. One objection is that the requirements of open space and landscaping are confusingly written. Amendments were made to the proposed ordinance by the City Council and have been incorporated into the attached document. t:1adm\packet'06t0610241city council document transmittal-ord 06-16.doc Agenda Item Discussion& Comments Action Items (follow up) (CCAC)By Laws—Resolution No. 06-64 The motion was ,pproved RESOLUTION NO. 06-64—A RESOLUTION by a unanimo : vote of ADOPTING THE CITY CENTER Council pre -nt ADVISORY COMMISSION(CCAC)BY LAWS Mayor • ksen Yes Conn al or Harding Yes 4.3 Establish a Citizen Advisory Committee to Guide Co cilor Sherwood Yes the Preparation of the Highway 99W Corridor suncilor Wilson Yes Improvement and Management Plan and Councilor Woodruff Yes • •point Members to the Committee— R-•.lution No.06-65 • RESO► ON NO.06-65—A RESO ON ESTAB HING A CITIZEN AD ORY COMMI E TO GUIDE THE PREPARA 'N OF THE HIG ' ■ AY 99W CORRIDOR "ROVEME AND MANAGEMEN 'LAN ►■ D APPOINTING MEMBERS TO CO■ I Trr E (Note: The following en Advisory Committee member- said •.-y planned to be present at tonight' meeting: -sse Black,William Moss,Steve Bo .ton,Tim Mc ilvrey,Cherree Weeks,and S - Carver. Mayor D • en requested t Committee members ..me forward . .d he presented them with a .'ty of Tigard l'go pin.) 4.4 Lo .i Contract Review Board a. Award Architectural Services Contract for the Water Building Remodel to LRS Architects,Inc.and Authorize the City • Manager to Sign the Contract 4.5 Appoint Library Board Alternate Karen Levear to the Library Board—Res.No. 06-66 RESOLUTION NO. 06-66—A RESOLUTION FOR THE FOLLOWING APPOINTMENT TO THE LIBRARY BOARD: KAREN LEVEAR 5. Legislative City Attorney Ramis explained the rules of Public Hearing procedure for this legislative hearing. Tigard City Council Minutes -October 24,2006 5 • • Agenda Item Discussion&Comments Action Items (follow up) to Consider Revisions to the There were no declarations or challenges. Community Development Mayor Dirksen opened the public hearing. Code Relating to Planned Associate Planner Farrelly presented the staff Developments report. Council previewed the proposed revisions at (DCA 2006- its October 17,2006,meeting. He advised that on 00003) October 23 a development consultant sent an e- mail registering strong objections to several aspects of the code amendment. One objection was that the requirements of open space and landscaping were confusing. Staff recommended that the City Council adopt the proposed ordinance. In response to a comment by Councilor Woodruff, , Associate Planner Farrelly and Planning Manager Bewersdorff confirmed that the Planned Development Code process is voluntary. Planning Manager Bewersdorff said that the Planned Development regulations will be more difficult for a developer to follow,but the Planning Commission will have some ability to work with the developer on proposed projects. If a developer chooses not to use the Planned Development process,the normal subdivision process would be available. Some areas within the city are now designated as Planned Developments, so a zone change would be necessary to use another development process. During discussion City Council agreed with City Council agreed that language Attorney Ramis about a revision to the following be amended as section: recommended by City Attorney Ramis for Section • Section 18.350.070 3. f. (2) to be revised as 18.350.070 3. f. (2) as shown follows: in the column to the left. "The exception is necessary for adequate visibility of the sign and..." This change was made at the request of City Tigard City Council Minutes -October 24,2006 6 Agenda Item Discussion& Comments Action Items (follow up) Attorney Ramis who advised he was concerned that the proposed wording might lead to regulating language content of a sign,which is unconstitutionaL Mayor Dirksen closed the public hearing. Mayor Dirksen announced the City Council would be considering Ordinance No. 06-16 with the revision noted by City Attorney Ramis. Councilor Sherwood noted her appreciation to the volunteers who served for two years on the Committee to propose these changes to the Planned Development section of the Code. Councilor Woodruff said he was heartened that the Committee,made up of diverse interests within the community,as well as the Home Builders Association,had been able to reach a compromise to produce the recommended changes to the Planned Development provisions. Councilor Wilson noted he had raised concerns Motion by Councilor about areas of the proposed ordinance at the City Wilson, seconded by Council meeting last week. Councilor Wilson said Councilor Woodruff,to the proposed ordinance contained language which amend the proposed was far better than it was before,but he still had language by deleting concerns with two areas. He called attention to 18.350.060 B. 4. in its Page 7, of the"Clean Copy" (Attachment 2 in the entirety. Council meeting packet.)The citation of the code section he was referring to was 18.350.060 B. 4. He The motion was approved said it was unlikely that this section would ever be by a majority vote of used. During discussion,Mayor Dirksen noted he Council present. thought this language might be related to the Metro Code because it relates to a designated town or Mayor Dirksen No regional center. Councilor Harding Yes Councilor Sherwood No Councilor Wilson Yes Councilor Woodruff Yes The second area of concern noted by Councilor Motion by Councilor Wilson, Wilson was 18.350.070 A. 4.g. (Page 12 of 15 of seconded by Councilor the"Clean Copy" (Attachment 2 in the Council Sherwood,to eliminate Section meeting packet.) Councilor Wilson said it was 18.350.070 A 4.g. confusing as to what would be gained by having The motion was approved by a Tigard City Council Minutes -October 24,2006 7 • . • Agenda Item Discussion& Comments Action Items (follow up) this section as it relates to crime prevention. He unanimous vote of Council noted there are times that shrubs are a problem as present. far as crime prevention is concerned. Councilor Harding noted more issues might arise as an area is Mayor Dirksen Yes developed more densely. Planning Manager Councilor Harding Yes Bewersdorff responded to a question from Mayor Councilor Sherwood Yes Dirksen and confirmed that the Police Department Councilor Wilson Yes Councilor Woodruff Yes had reviewed this language. City Attorney Ramis noted some issues with the way the language was Motion by Councilor written because terms such as"semi public"would Woodruff, seconded by need to be defined. City Attorney Ramis also Councilor Sherwood to advised that because of the word"shall"in the adopt Ordinance No. 06-16, language,the City must express clearly defined as amended. requirements in written findings. (City Recorder's Note: City Council considered the proposed ordinance Amendments were: with the amendments as noted. 1. Section 18.350.070 3.f (2) to be changed as follows: ORDINANCE NO. 06-16—AN ORDINANCE AMENDING THE LANGUAGE TO THE `The exception is necessary TIGARD COMMUNITY DEVELOPMENT for adequate ideruifieatien-ef CODE,CHAPTERS 18.120 AND 18.350,TO the-rise visibility of the sign CREATE A NEW PURPOSE STATEMENT, and " APPROVAL PROCESS,APPROVAL CRITERIA,AND OTHER REVISIONS FOR 2. Section 18.350.060 B. 4. as PLANNED DEVELOPMENTS AND TO ADD presented in the draft RELATED DEFINITIONS (DCA 2006-00003) ordinance to be eliminated AS AMENDED 3. Section 18.350.070 A 4.g. as presented in the draft ordinance to be eliminated.) Discussion on the motion: Mayor Dirksen advised he has long looked forward to amending this section of the Code. He said he believed the new language is sufficiently flexible and that he will vote in favor of the ordinance. Councilor Wilson agreed the new Code language has been a long-time coming and • Tigard City Council Minutes -October 24,2006 8 Agenda Item Discussion& Comments Action Items (follow up) noted his appreciation for the work that has gone into developing the amendments. Councilor Harding agreed that the proposed ordinance represented years of work and added that now they,as a City Council,need to "stand behind"this new legislation. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes Consider an City Recorder Wheatley presented the staff report. Motion by Councilo Or.i.. . .ce to State law permits a governing body to issue Woodruff, seco.•ed by Add Sec:•n explanatory statements for matters relating to Councilor erwood, to • 1.12.050 to - municipal legislation referred or initiated by petition adopt P dinance No. 06-17. Tigard Municip. if the governing body has passed an ordinance to Code (TMC) to .o -.. The proposed ordinance would authorize e motion was approved Authorize the Ci • :ttomey,City Manager,or City Record-. by a unanimous vote of Submission of to prepare a - •lanatory statement in the Council present. Explanatory situations descn• . above. Statements by Mayor Dirksen Yes the City of Mayor Dirksen registere. •'s co- em that requiring Councilor Harding Yes Tigard for cities to pass such an ordin. : "flies in the face of Councilor Sherwood Yes Inclusion in the Home Rule." City Atto ey ' ..'d that the Councilor Wilson Yes Washington concept of Home ' .e in Oregon has e ded Councilor Woodruff Yes County Voters' whereby local v. -rs have the right to choos. their Pamphlet for own gove . ' -nt and rules. If challenged,the Matters decision . require this ordinance could lead to Submitted to subs - •tial debate. Explanatory statements are Voters Under n= tral and may not take a position on a ballot the Referendum measure. or Initiative Powers b Council considered Ordinance No. 06-17: Petiti• .. AN ORDINANCE ADDING SECTION 1.12.050 TO THE TIGARD MUNICIPAL CODE TO Tigard City Council Minutes -October 24,2006 9 • • t TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD 0 MEETINGS _:.`.: :.. OCTOBER 24,2006 6:30 p.m. TIGARD CITY HALL T I G A RD,. 13125 SW HALL BLVD TIGARD,OR 97223 PUBLIC NOTICE: To request to speak to the City Council: ➢ Anyone wishing to speak on an agenda item should sign the appropriate sign-up sheet(s). ➢ If no sheet is available for the agenda item you would like to address: o Sign the Citizen Communication sign-up sheet o During Citizen Communications ask the Mayor if you may speak when the agenda item is considered by the Council. o The Mayor will determine whether public comment will be accepted. ➢ Sign the Citizen Communication sign-up sheet if you would like to address the Council on items not on the agenda. Citizens are asked to keep their remarks to two minutes or less. Longer matters may be set for a future agenda by contacting the Mayor or the City Manager. ➢ If you need assistance determining how to sign in,please speak to the staff greeter who will be near the entrance to Town Hall before the Council meeting. 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 pm. 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(TDD-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 (IDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA—OCTOBER 24,2006 page 1 • • AGENDA TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETINGS OCTOBER 24, 2006 6:30 PM • STUDY SESSION > Review the Town Hall Audio/Visual Design Report from New World Audio/Video and Provide Staff with Direction. • EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss real property transaction negotiations under ORS 192.660(2)(e). 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 disdose 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. TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETING 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order: City Council&Local Contract Review Board 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 2. PROCLAMATIONS 2.1 Proclaim the Week of October 25-31,2006,as National Magic Week 2.2 Proclaim October 28,2006,as Make a Difference Day • Mayor Dirksen 3. CITIZEN COMMUNICATION (Two Minutes or Less,Please) • Citizen Communications—Sign Up Sheet • Report from the Tigard Area Chamber of Commerce President Ralph Hughes • Follow-up to Previous Citizen Communication TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA—OCTOBER 24,2006 page 2 IP • 4. 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: 4.1 Approve Council Minutes for September 19 and 26,2006 4.2 Approve City Center Advisory Commission (CCAC) By Laws — Resolution No. 06- 4.3 Establish a Citizen Advisory Committee to Guide the Preparation of the Highway 99W Corridor Improvement and Management Plan and Appoint Members to the Committee—Resolution No. 06- 4.4 Local Contract Review Board a. Award Architectural Services Contract for the Water Building Remodel to LRS Architects,Inc.and Authorize the City Manager to Sign the Contract • Consent Agenda-Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 5. LEGISLATIVE PUBLIC HEARING TO CONSIDER REVISIONS TO THE COMMUNITY DEVELOPMENT CODE RELATING TO PLANNED DEVELOPMENTS (DCA 2006-0003) REQUEST: The applicant is requesting approval of a Development Code Amendment to change the p approval criteria. Related definitions of"density bonus","landscaping",and open space facility"would be added to the Definitions Chapter(18.120). The complete text of the proposed Code Amendment can be viewed at http://www.tigard-or.gov/code_amendments,or at the City of Tigard Permit Center. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.350 and a. Open Public Hearing b. Declarations or Challenges c. Staff Report Community Development Staff d. Public Testimony: Proponents Opponents e. Staff Recommendation f. Close Public Hearing g. Council Consideration: Ordinance No.06- TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA—OCTOBER 24,2006 page 3 • ... .. ... .. :. ._....... . 6. CONSIDER AN ORDINANCE TO ADD SECTION 1.12.050 TO THE TIGARD MUNICIPAL CODE (TMC) TO AUTHORIZE SUBMISSION OF EXPLANATORY STATEMENTS BY THE CITY OF TIGARD FOR INCLUSION IN THE WASHINGTON COUNTY VOTERS' PAMPHLET FOR MATTERS SUBMITTED TO VOTERS UNDER THE REFERENDUM OR INITIATIVE POWERS BY PETITION a. Staff Report Administration Department b. Council Discussion c. Council Consideration: Ordinance No.06- 7. CONSIDER AN ORDINANCE TO REPEAL ORDINANCE NO. 00-33 PROVIDING A PROCESS FOR CLAIMS FILED AS A RESULT OF BALLOT MEASURE 7 SUBSEQUENTLY INVALIDATED BY THE OREGON SUPREME COURT a. Staff Report Administration Department b. Council Discussion c. Council Consideration: Ordinance No. 06- 8. STATUS OF COUNCIL GOALS—THIRD QUARTER REPORT a. Staff Report Administration Department 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. 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. 12. ADJOURNMENT F-acenwathyMcaVOCS0610t4pdoe TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA—OCTOBER 24,2006 page 4 • • Agenda Item# Meeting Date October 24,2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard,Oregon Issue/Agenda Tide Legislative Public Hearing to Consider Revisions to the Community Development Code Relating to Planned Developments (DCA 2006-00003) repared By: Sean Farrelly Dept Head Approval:-rt. ., City Mgr Approval: a ISSUE BEFORE THE COUNCIL Should the Council approve the Development Code Amendment to change the purpose statement,application process, concept and detailed development plan requirements for Planned Developments and add related definitions? 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 Council-established Planned Developments Code Review Committee worked with staff to develop new code language including a revised purpose statement, application process, concept and detailed development plan requirements in the Planned Developments Chapter (18.350), and add related -rms to the Definitions Chapter (18.120). Notice procedures in the development code, including publication of notice in the paper, and written notice to the appropriate agencies were met. On September 18, 2006, the Tigard Planning Commission held a public hearing on the proposed changes. They recommended approval of the amendment (with additional revisions) by a unanimous vote(Attachment 3). OTHER ALTERNATIVES CONSIDERED Not applicable. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Tigard Beyond Tomorrow-Growth and Growth Management,Goal No.1 —Growth will be managed to protect the character and livability of established areas,protect the natural environment and provide open space throughout the community. Two of the strategies to implement this goal are: 1) Review and modify development code sections to integrate open space preservation and protection into design standards.Planned Actions include:revising code sections to ensure that residential development incorporates open space;and developing and implementing design standards that preserve and protect open space,greenways,and natural areas. • • 2) Develop and implement design standards that preserve and protect open space,greenways,and natural areas. Planned Actions include: amending code to promote design that includes natural features and promotes connectivity to open space,greenways,and natural area access;and implementing a public process for adequate development/design review. ATTACHMENT LIST Attachment 1: Ordinance adopting the code amendments Exhibit A: Proposed Code text changes Attachment 2: "Clean copy" of Proposed Code text changes Attachment 3: September 18,2006 Approved Planning Commission minutes (relevant section) Attachment 4: Staff Report to the Planning Commission Attachment 5: Public Comment October 4,2006 letter from Home Builder's Association FISCAL NOTES Not applicable. I:\LRPLN\Council Material \2006\10-24-06 PD Code Amendment Hearing AIS.doc • CITY OF TIGARD, OREGON Attachment 1 TIGARD CITY COUNCIL ORDINANCE NO. 06- AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE, CHAPTERS 18.120 AND 18.350, TO CREATE A NEW PURPOSE STATEMENT, APPROVAL PROCESS, APPROVAL CRITERIA, AND OTHER REVISIONS FOR PLANNED DEVELOPMENTS AND TO ADD RELATED DEFINITIONS. (DCA 2006-00003) WHEREAS,the applicant has requested an amendment to the Tigard Community Development Code Chapters 18.120 and 18.350,to create a new purpose statement,approval process, approval criteria and other revisions for Planned Developments;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 September 18, 2006, and recommended approval of the proposed amendment (with additional revisions) 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 18.120.030, 18.350, 18.380.020, and 18.390.060; Comprehensive Plan Policies 1, 2,3 and 6;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 City Recorder. ORDINANCE No.06- Page 1 • • PASSED: By vote of all Council members present after being read by • number and tide 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 EXHIBIT A City of Tigard DCA 2006-00003 Proposed Planned Developments Code Revisions September 2006 Explanation of Formatting These text amendments employ the following formatting: StEikefieogh— For text to be deleted [Bold and Italic]— For text to be added Chapter 18.120 DEFINITIONS [55. "Density bonus"—Additional dwelling units that can be earned as an incentive for providing undeveloped open space, landscaping, or tree canopy as defined further in this code.] [87. "Landscaping"—Areas primarily devoted to plantings, trees,shrubs, lawn and other organic ground cover together with other natural or artificial supplements such as water courses, ponds,fountains,decorative lighting, benches, bridges, rock or stone arrangements,pathways, sculptures,trellises and screens.] [104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned: a. Minimal Use Facilities. No other improvements(apart from underground utilities and natural and ecological enhancements) are allowed b. Passive Use Facilities.Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails,raised walkways,pedestrian bridges, seating areas,viewing blinds,observation decks informational signage, drinking fountains,picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access shall be provided where site considerations permit c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater degree of site development and/or ground disturbance;such as sports fields,playground equipment,group picnic shelters,swimming pools, hard and soft surface pathways, restrooms, and similar facilities.] [Renumber definitions after#55 according to the above amendments] Page 1 of 21 September 20,2006 Chapter 18350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 The Process 18.350.030 Administrative Provisions 1 1 . i ! • 18:350.090[18.350.040]Conceptual Development Plan Submission Requirements [18.350.050 Concept Plan Approval Criteria] [18.350.060 Detailed Development Plan Submission Requirements] [18.350.070 Detailed Development Plan Approval Criteria] 18350.010 Purpose A. Purpose. The purposes of the planned development overlay zone are: 2 To facilitate the efficient use of land; space and-utilities; ling-envir-enments: [1. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City;and] [2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and] Page 2 of 21 September 20, 2006 • • [3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning;and] [4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis,presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site;and] [5. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the City;and] [6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials.] 18350.020 The Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. [An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project, an approval authority may apply the provisions of this chapter as a condition of approving any application for the development.] B. Elements of approval process. There are three elements to the planned development approval process,as follows: N. N- - Y. [1. The approval of the planned development concept plan;and 2. The approval of the detailed development plan. 3. The approval of the planned development overlay zone.] • C. Decision-making process. - . ., .. . . . ... - - . . . . . _ . . ... - •* •4 • land-use-application; [1. The concept plan shall be processed by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050.] Page 3 of 21 September 20, 2006 • • [2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as governed by 18.390.050, to ensure that it is substantially in compliance with the approved concept plan.] [3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan.] [4.Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval All applicants are advised that the purpose of separating these applications is to provide them clear direction in developing the detailed plans.Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone.] [5. In the case of an existing planned development overlay zone, once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application.] [6. If the application involves subdivision of land,the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan.] •-. . ... ' - • ... . . . . . . . .. .. . . .. . • . eeneufrenty. [D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development application (Le. the concept approval must precede the detailed development approval); however each required action may be made at the same hearing.] 18.350.030 Administrative Provisions [A. Time limit on filing of detailed development plan. The concept plan approval expires after 1-1/2 years unless an application for detailed development plan and, if applicable, a preliminary plat approval or request for extension is filed Action on the detailed development plan shall be taken by the Planning Commission by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria in 18.3 50.070.] A.[B.] Zoning m a p designation. ` • - - . . .. .. : :_ : r- - . . . : : [The planned development overlay zone application shall be concurrently approved if the Page 4 of 21 September 20, 2006 • • detailed development plan is approved by the Planning Commission.]The zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. B. Time limit on filin_ of detailed develo•ment .lan. Within 1 1/2 years after the date of •!.e• ! - • . ..... _ . ... .._ .•• , .. - -... ,. -. . c. The change involves a change in use; Y- . •. ., . : C. Extension. The Director shall,upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1. No changes have been made on the original conceptual development plan as approved by the Commission; 2. The applicant can show intent of applying for detailed development plan(or preliminary plat) review within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. D. Phased development. 1. The Commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for conceptual development plan review. 2. The criteria for approving a phased detail development plan proposal are that: Page 5 of 21 September 20,2006 a. The public facilities shall be constructed in conjunction with or prior to each phase; and b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. E. Substantial modifications to concepts plan. [If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required) _ . . .., ,•., _. •:-. - . . [F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter.] [G.Issuance of occupancy permits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued However, when the Director determines that immediate execution of any feature of an approved detailed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary condition,the Director shall, as a precondition of the issuance of a required permit, require the posting of a performance bond or other surety to secure execution of the feature at a time certain not to exceed one year.] - ..., , .. . . •- , . - -, , - - , - . :, -- . . , ! - , .• !.! I • , , . „ ,. • • . . . . . , . ... , _• • . . Page 6 of 21 September 20, 2006 • • 3 Duplex residential units; �I Multi family residential units; 5 Manuf ctu_ed home.. the-zenl 7 Community building; d outrigbtuse+ i i i • : . • . . .��:�., �.�.:.: - - --. _ -. , "- . . • . ... . , - - _ .. . . : • , .fellows+ r. Page 7 of 21 September 20, 2006 • on- lYid ,. .. . . - . .. - - . . • .. . - . I .., .. -e - - . . . . , . . • . ... - : ..'.. .. _ .. . . B. Exceptions to sign requirements. The Commission may grant an exception to the sign - • . - _ .;. . • . . .. •... ! :. ... - standar-El for-sib; �' - 18.350.090[18.350.040]Conceptual-Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type IIIB [-PC] procedure, as governed by Section 18.390.050 [and the additional information required by 18.350.040.B.] In addition, the applicant shall submit the following: 1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include: [a.]A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. [b. An explanation of the architectural style, and what innovative site planning principles are utilized including any innovations in building techniques that will be employed] [c.An explanation of how the proposal relates to the purposes of the Planned Development Page 8 of 21 September 20, 2006 Chapter as expressed in 18.350.010.1 [d An explanation of how the proposal utilized the Planning Commissioner's Toolbox.] 2. A[general]development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development.[In the case where a residential subdivision is proposed,the statement shall include the applicant's intentions whether the applicant will build the homes,or sell the lots to other builders.] B. Additional information. In addition to the general information described in Subsection A above, the conceptual-develement plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: 1. Existing site conditions; 2. A site concept [including the types of proposed land uses and structures, including housing types, and their general arrangement on the site]; 3. A grading concept; 4. A landscape concept[indicating a percentage range for the amount of proposed open space and landscaping,and general location and types of proposed open space(s); [5. Parking concept;] 5. [6.]A sign concept; and [7.A streets and utility concept;and] [8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable.] [C.Allowable Uses] 1. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c. The following uses are allowed with planned development approval: • a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; Page 9 of 21 September 20,2006 • • c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; f. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with, but clearly incidental to, the residential uses permitted in the zone[such as personal services,preschool or daycare, and retail uses less than 5,000 square feet in sum total]; g. Community building; h. Indoor recreation facility;athletic club, fitness center,racquetball court, swimming pool,tennis court or similar use; i. Outdoor recreation facility, golf course, golf driving range,swimming pool,tennis court,or similar use;and j. Recreational vehicle storage area. 2. In commercial zones. In all commercial zones, an applicant with a planned development approval may develop the site to contain all of the uses permitted outright in the underlying zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi- family dwellings in those commercial zones that do not list multi-family dwellings as an outright use. 3. In industrial zones. In all industrial zones, a planned development shall contain only those uses allowed outright in the underlying zoning district. [18.350.050 Concept Plan Approval Criteria] [A. The concept plan may be approved by the Commission only if all of the following criteria are met: 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their maximized protection,preservation, and/or management. 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes,linkages to or other provisions for bus stops, etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. Page 10 of 21 September 20, 2006 • • ., 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood.] [18.350.060 Detailed Development Plan Submission Requirements] [A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.B and the approval criteria under 13.350.070.] [B.Additional Information.In addition to the general information described in Subsection A above, the detailed development plan,data, and narrative shall include the following information: 1. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in grade,along drainage channels or swales,and at selected points, as needed. 2. A specific development schedule indicating the approximate dates of construction activity, including demolition,tree protection installation, tree removal,ground breaking,grading,public improvements, and building construction for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. 4. Moderate to High Density Development Analysis. If proposing development in an area within a Metro designated town or regional center, the folkwing additional information may be required: a.Air movement: Prevailing breezes characteristic of a region may be greatly modified by urban high-rise structures. Predominant air movement patterns in a city may be along roadways and between buildings. The placement, shape, and height of existing buildings can create air turbulence caused by micro air movement patterns. These patterns may influence the location of building elements such as outdoor areas and balconies. Also a building's design and placement can mitigate or increase local wind turbulence. b. Sun and shadow patterns: The sun and shadow patterns of existing structures should be studied to determine how they would affect the proposed building. This is particularly important for outdoor terraces and balconies where sunlight may be desirable. Sun and shadow patterns also should be considered as sources of internal heat gain or loss. Building orientation, window sizes and shading devices can mod fy internal heat gain or loss. Studies should include daily and seasonal patterns and the shadows the proposed building would cast on existing buildings and open spaces. c. Reflections:Reflections from adjacent structures such as glass-clad buildings may be a problem. The development should be designed to compensate for such glare or if possible, oriented away from it.] [C. Compliance with specific development standards. The Detailed Development Plan shall show Page 11 of 21 September 20,2006 compliance with base zone provisions, with the following modifications: 1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80%of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; 3. Building height:In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2 times the height of the building. 4. Structure setback provisions: a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; (2) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. (3)A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modem the base zone setbacks,the applicant shall sped the proposed setbacks, either on a lot by lot,or project wide basis. The commission may require site specific building envelopes. 5. Other provisions of the base zone.All other provisions of the base zone shall apply except as modified by this chapter.] 8.100[18.350.070 Detailed Development Plan]Approval Criteria [A. Detailed Development Plan Approval Criteria.A detailed development plan may be approved only if all the following criteria are met: 1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: Page 12 of 21 September 20, 2006 a. The change increases the residential densities,increases the lot coverage by buildings or reduces the amount of parking; b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; d The change commits land to development which is environmentally sensitive or subject to a potential hazard;and e. The change involves a major shift in the location of buildings,proposed streets,parking lots, landscaping or other site improvements.] - - . Y. 1 9 -. • pplieatieffi - - [2.]All the provisions of the land division provisions, Chapters 18.110, 18.420[Partitions] and 18.430[Subdivisions], shall be met[if applicable]; 2. [3.]Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this [chapter] section. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed ' below. [The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested.] Y. - [a. Chapter 18.360,Site Development Review. The provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same type of issues as the Site Development Review.] [b. Chapter 18.705,Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety Page 13 of 21 September 20, 2006 • • considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site (vehicles, bicycles,pedestrians, and transit).) — [c.]Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, [using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission.] The Commission may further authorize a density bonus not to exceed 10%as an incentive to increase or enhance open space,architectural character and/ or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1) [A 1%bonus for each 5%of the gross site area set aside in open space, up to a maximum of 5%,] ° is allowed for the provision of(active use recreational open space) , exclusive of areas contained in floodplain,[steep]slopes greater than 25 %,drainageways, or wetlands that would otherwise be precluded from development; (2)[Up to a maximum of 5%is allowed for the development of pedestrian amenities, streetscape development, recreation areas, plazas, or other items from the "Planning Commission's Toolbox."] 0 -=-• - • _.. .. . ., :. - . .. . - . _ .... .. ; o . • o - 6f-2Attsing-t=ypes [d] Chapter 18.745, Landscaping and Screening. [The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect,provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified] [e.] Chapter 18.765, Off-street Parking and Loading Requirements. [The Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if: Page 14 of 21 September 20, 2006 • (1) The minimum number of parking spaces is not reduced by more than 10 percent of the required parking;and (2) The application is for a use designed for a specific purpose which is intended to be permanent in nature, e.g., a nursing home, and which has a low demand for off-street parking;or (3) There is an opportunity for sharing parking and there is written evidence that the property owners are willing to enter into a legal agreement;or (4) Public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses;or (5) There is a community interest in the preservation of particular natural features of the site which make it in the public interest to grant an exception to parking standards.] [f.] Chapter 18.780, Signs. [The Commission may grant an exception to the sign dimensional requirements in the applicable zone if: (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs;and (2) The exception is necessary for adequate identification of the use on the property;and (3) The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties.] [g.] Chapter 18.795,Visual Clearance Areas. [The Commission may grant an exception to the visual clearance requirements, when adequate sight distance is or can be met,] [h.] Chapter 18.810,Street and Utility Improvements,Sections 18.810.040,Blocks;and 18.810.060, Lots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an exception request The Commission can only grant an exception to street sanctions if it is sanctioned by the City Engineer. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: (1) Public safety will not be compromised;and (2) In the case of public streets, maintenance costs will not be greater than with a conforming design;and Page 15 of 21 September 20, 2006 • • (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment.] - c. Chapter 18.795,Visual Clearance Areas; c. Chapter 18.765,Off street Parking and Loading Requirements; f. Chapter 18.705,Access, Egress and Circulation; and • g. Chapter 18.780, Signs. 3-[4.]In addition,the following criteria shall be met: a.Relationship to the natural and physical environment: (1) The streets, buildings and other site elements shall be designed and located to preserve the existing trees, topography and natural drainage to the greatest degree possible.[The commission may require the applicant to provide an alternate site plan to demonstrate compliance with this criterion;] (2) Structures located on the site shall not be in areas subject to ground slumping and sliding[as demonstrated by the inclusion of a specific geotechnical evaluation;] fife-protection; - - (4) [(3) Using the basic site analysis information from the concept plan submittal,]the structures shall be oriented with consideration for the sun and wind directions,where possible;and _ .. __ b. Buffering, screening and compatibility between adjoining uses: (1) Buffering shall be provided between different types of land uses,e.g., between single-family and multi-family residential, and residential and commercial uses; (2) In addition to the requirements of the buffer matrix(Table 18.745.1),[the requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same level of buffering and screening with alternate materials or methods.]The following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: (a)The purpose of the buffer, for example to decrease noise levels,absorb air pollution,filter dust,or to provide a visual barrier; (b)The size of the buffer needs in terms of width and height to achieve the purpose; (c)The direction(s)from which buffering is needed; (d)The required density of the buffering; and (e)Whether the viewer is stationary or mobile. Page 16 of 21 September 20, 2006 (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas,parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a)What needs to be screened; (b)The direction from which it is needed; and (c)Whether the screening needs to be year-round. c. Privacy and noise: Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner,to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise; [d. Exterior elevations — single-family attached and multiple family structures: Along the vertical face of single-family attached and multiple family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses,e.g., decks,patios, entrances,floor area, of a minimum depth of eight feet; - (2) Extensions, e.g., decks,patios,entrances,floor area,of a minimum depth of eight feet,a maximum length of an overhang shall be 25 feet;and (3) Offsets or breaks in roof elevations of three or more feet in height.] El.[e.]Private outdoor area[residential) use: • (1) .. . _ _ , . . . , - _ .' - : . . :.. ... . ,[Exclusive of any other required open space facility,] each ground-level residential dwelling unit shall have an outdoor private area(patio, terrace,[or]porch) of not less than 48 square feet[with a minimum width dimension of four feet;] (2) Wherever possible,private outdoor open spaces should be oriented toward the sun; and (3) Private outdoor spaces shall be screened or designed to provide privacy for the use of the space. e.[f.J Shared outdoor recreation areas—[residential] use: (1) . . . -. . - . • ... • - ••.: - -.. - - - . [Exclusive of any other required open space facilities,]each [residential] development shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a) Studio units up to and including two bedroom units,200 square feet per unit;and (b)Three or more bedroom units, 300 square feet per unit. (2)Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (3)The required recreation space may be provided as follows: Page 17 of 21 September 20,2006 :., ... . - - .- :.. . . -; . .. - . . . . .. . .1: [(a) Additional outdoor passive use open space facilities; (b) Additional outdoor active use open space facilities; (c) Indoor recreation center;or (d) A combination of the above.] [g.Demarcation of public,semi-public and private spaces for crime prevention: • (1) The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility;and (2) These areas may be defined by, but not limited to: (a) A deck,patio,low wall, hedge,or draping vine; (b) A trellis or arbor; (c) A change in elevation or grade; (d) A change in the texture of the path material; (e) Sign;or (9 Landscaping.] [It.]Access and circulation: (1) The number of[required] allowed access points for a development shall be provided in Chapter 18.705; (2) All circulation patterns within a development must be designed to accommodate emergency[and service]vehicles; and (3) Provisions shall be made for pedestrian and bicycle ways[abutting and through a site]if such facilities are shown on an adopted plan[or terminate at the boundaries of the project site.] g.[i.]Landscaping and open space: (1) Residential Development: In addition to the [buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities,] :. • . :. .. : - . . . , . . . - . : a minimum of 20 percent of the site shall be landscaped.[This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan,prepared or approved by a licensed landscape architect, and surety for such landscape installation;J lamed; and Public transit: Page 18 of 21 September 20, 2006 • • • (1)Provisions for public transit may be required where the site abuts for is within a mile ofi a public transit route. The required facilities shall be based on: (a)The location of other transit facilities in the area; and (b)The size and type of the proposed development. (2) The required facilities[may include but are not necessarily limited to]shall be-limited to such facilities as: (a)A waiting shelter; (b)A turn-out area for loading and unloading;and (c)Hard surface paths connecting the development to the waiting area. [(3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement] Signs: l_ Y. • I • [kJ Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter GhapteE 18.765; (2) Up to 50%of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. 1F [A/Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter[18.810.) . , -. , - - .- _ . - . - , = -- ' - dfaifiage-plan;[An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets,porous concrete,or eco roofs.] h[m.JFloodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain,the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. [n.] 18.350.110 Shared Open Space [Facilities: The detailed development plan shall designate a minimum of 20% of the gross site area as a shared open space facility. The open space facility may be comprised of any combination of the following: Page 19 of 21 September 20, 2006 • • (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands, streams, or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for active recreational use. (4)The open space area shall be shown on the final plan and recorded on the final plat or covenants.] [o. Open Space Conveyance. Where a proposed park,playground or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use,provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods:) . ...• • [(1)Public Ownership.] : . . - . . . '- - •• - . ... . -- epen-spaee,Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations [A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval. Dedications of open space may be eligible for Systems Development Charge credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below;] [(2)Private Ownership.] By leasing-or conveying title(including beneficial ownership) to a corporation,home association or other legal entity,[and granting a conservation easement to the City in a form acceptable by the City. The terms of the conservation easement must include provisions for the following:) Page 20 of 21 September 20,2006 (I) (a) The continued use of such land for the intended purposes; (2) (b)Continuity of property maintenance; (3 (c) When appropriate,the availability of funds required for such maintenance; (4) (d) Adequate insurance protection; and (5) (e)Recovery for loss sustained by casualty and condemnation or otherwise. Page 21 of 21 September 20,2006 • • Attachment 2 Clean Copy Proposed Planned Developments Code Revisions, September 2006 Chapter 18.120 DEFINITIONS 55. "Density bonus"—Additional dwelling units that can be earned as an incentive for providing undeveloped open space,landscaping,or tree canopy as defined further in this code. 87. "Landscaping"—Areas primarily devoted to plantings,trees,shrubs,lawn and other organic ground cover together with other natural or artificial supplements such as water courses,ponds,fountains, decorative lighting,benches,bridges,rock or stone arrangements,pathways,sculptures,trellises and screens. 104.Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned: a. "Minimal Use Facilities." No other improvements (apart from underground utilities and natural and ecological enhancements))are allowed. b. "Passive Use Facilities." Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways, pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains, picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access shall be provided where site considerations permit. c. "Active Use Facilities." Areas reserved for high-impact recreation that require a greater degree of site development and/or ground disturbance; such as sports fields, playground equipment, group picnic shelters, swimming pools,hard and soft surface pathways,restrooms,and similar facilities. Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 Process 18.350.030 Administrative Provisions 18.350.040 Concept Plan Submission Requirements '18.350.050 Concept Plan Approval Criteria 18.350.060 Detailed Development Plan Submission Requirements 18.350.070 Detailed Development Plan Approval Criteria 18.350.010 Purpose A. Purpose.The purposes of the planned development overlay zone are: 1. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City;and Page 1 of 15 September 20, 2006 • • 2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs,walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code;and 3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning;and 4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources,ravines,etc.)through the use of a planning procedure(site design and analysis,presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site;and 5. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner,developer,neighbors,and the City;and 6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. 18.350.020 Process A. Applicable in all zones.The planned development designation is an overlay zone applicable to all zones. An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project an approval authority may apply the provisions of this chapter as a condition of approving any application for the development. B. Elements of approval process. There are three elements to the planned development approval process, as follows: 1. The approval of the planned development concept plan;and 2. The approval of the detailed development plan; 3. The approval of the planned development overlay zone. C. Decision-making process. 1. The concept plan shall be processed by means of a Type III-PC procedure,as governed by Section 18.390.050,using approval criteria contained in Section 18.350.050. 2. The detailed development plan shall be reviewed by means of a Type III-PC procedure,as governed by 18.390.050,to ensure that it is substantially in compliance with the approved concept plan. 3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan. 4. Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval.All applicants are advised that the Page 2 of 15 September 20,2006 purpose of separating these applications is to provide them clear direction in developing the detailed plans.Rejection of the concept plan will result in a corresponding rejection of • the detailed development plan and overlay zone. 5. In the case of an existing planned development overlay zone,once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application. 6. If the application involves subdivision of land,the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan. D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development application (i.e. the concept approval must precede the detailed development approval);however each required action may be made at the same hearing. • 18.350.030 Administrative Provisions A. Time limit on filing of detailed development plan. The concept plan approval expires after 1-1/2 years unless an application for detailed development plan and, if applicable, a preliminary plat approval or request for extension is filed. Action on the detailed development plan shall be taken by the Planning Commission by means of a Type III-PC procedure,as governed by Section 18.390.050,using approval criteria in 18.350.070. B. Zoning map designation.The planned development overlay zone application shall be concurrently approved if the detailed development plan is approved by the Planning Commission.The zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. C. Extension.The Director shall,upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1.No changes have been made on the original concept development plan as approved by the Planning • Commission; 2.The applicant can show intent of applying for detailed development plan or preliminary plat review within the one year extension period;and 3.There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. D. Phased development. 1.The Commission may approve a time schedule for developing a site in phases,but in no case shall the total time period for all phases be greater than seven years without reapplying for concept development plan review. 2.The criteria for approving a phased detail development plan proposal are that: a. The public facilities shall be constructed in conjunction with or prior to each phase;and Page 3 of 15 September 20,2006 • • b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities.A temporary public facility is any facility not constructed to the applicable City or district standard. E. Substantial modifications to the concept plan. If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required. F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter. G. Issuance of occupancy permits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued. However, when the Director determines that immediate execution of any feature of an approved detailed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary condition, the Director shall, as a precondition of the issuance of a required permit, require the posting of a performance bond or other surety to secure execution of the feature at a time certain not to exceed one year. 18.350.040 Concept Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050 and the additional information required by I8.350.040.B. In addition,the applicant shall submit the following: 1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant.This statement should include: a. A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. b.An explanation of the architectural style,and what innovative site planning principles are utilized including any innovations in building techniques that will be employed. c.An explanation of how the proposal relates to the purposes of the Planned Development Chapter as expressed in 18.350.010. d.An explanation of how the proposal utilized the Planning Commissioner's Toolbox. 2. A general development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development. In the case where a residential subdivision is proposed,the . statement shall include the applicant's intentions whether the applicant will build the homes,or sell the lots to other builders. B. Additional information. In addition to the general information described in Subsection A above, the concept plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: Page 4 of 15 September 20,2006 • • 1. Existing site conditions; 2. A site concept including the types of proposed land uses and structures, including housing types,and their general arrangement on the site; 3. A grading concept; 4. A landscape concept indicating a percentage range for the amount of proposed open space and landscaping,and general location and types of proposed open space(s); 5. Parking concept 6. A sign concept; 7. A streets and utility concept;and 8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable. C. Allowable Uses 1. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of I8.350.070.A.3.c.The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; f. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with,but clearly incidental to the uses permitted in the zone, such as personal services, preschool or daycare, and retail uses less than 5,000 square feet in sum total; g. Community building; h. Indoor recreation facility;athletic club,fitness center,racquetball court,swimming pool, tennis court or similar use; i. Outdoor recreation facility,golf course,golf driving range,swimming pool,tennis court, or similar use;and j. Recreational vehicle storage area. Page 5 of 15 September 20,2006 • • 2.In commercial zones. In all commercial zones,an applicant with a planned development approval may develop the site to contain all of the uses permitted outright in the underlying zone and,in addition,a maximum of 25%of the total gross floor area may be used for multi-family dwellings in those commercial zones that do not list multi-family dwellings as an outright use. 3.In industrial zones. In all industrial zones,a planned development shall contain only those uses allowed outright in the underlying zoning district. 18.350.050 Concept Plan Approval Criteria A.The concept plan may be approved by the Commission only if all of the following criteria are met: 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their maximized protection,preservation,and/or management. 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting walkability or transit ridership,such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops,etc. 5. The concept plan identifies the proposed uses,and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood. 18.350.060 Detailed Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050,the additional information required by 18.350.040.B and the approval criteria under 13.350.070. B. Additional Information. In addition to the general information described in Subsection A above, the detailed development plan,data,and narrative shall include the following information: 1. Contour intervals of 2 to 5 ft,depending on slope gradients,and spot elevations at breaks in grade,along drainage channels or swales,and at selected points,as needed 2. A specific development schedule indicating the approximate dates of construction activity,including Page 6 of 15 September 20,2006 • • demolition, tree protection installation, tree removal, ground breaking, grading, public improvements, and building construction for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. 4.Moderate to High Density Development Analysis. If proposing development in an area within a Metro designated town or regional center,the following additional information may be required: a. Air movement:Prevailing breezes characteristic of a region may be greatly modified by urban high- rise structures. Predominant air movement patterns in a city may be along roadways and between buildings.The placement,shape,and height of existing buildings can create air turbulence caused by micro air movement patterns. These patterns may influence the location of building elements such as outdoor areas and balconies.Also a building's design and placement can mitigate or increase local wind turbulence. b. Sun and shadow patterns: The sun and shadow patterns of existing structures should be studied to determine how they would affect the proposed building. This is particularly important for outdoor terraces and balconies where sunlight may be desirable. Sun and shadow pat- terns also should be considered as sources of internal heat gain or loss. Building orientation,window sizes and shading devices can modify internal heat gain or loss. Studies should include daily and seasonal patterns and the shadows the proposed building would cast on existing buildings and open spaces. c.Reflections:Reflections from adjacent structures such as glass-clad buildings may be a problem.The development should be designed to compensate for such glare or if possible,oriented away from it. C. Compliance with specific development standards. The Detailed Development Plan shall show compliance with base zone provisions,with the following modifications: 1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80%of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; 3. Building height: In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2 times the height of the building. 4. Structure setback provisions: a.Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b.The setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; Page 7 of 15 September 20,2006 • (2) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. (3) A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided.This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks,the applicant shall specify the proposed setbacks, either on a lot by lot,or project wide basis. The commission may require site specific building envelopes. 5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter. 18.350.070 Detailed Development Plan Approval Criteria A. Detailed Development Plan Approval Criteria. A detailed development plan may be approved only if all the following criteria are met: 1.The detailed plan is generally consistent with the concept plan.Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: a. The change increases the residential densities,increases the lot coverage by buildings or reduces the amount of parking; b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; d. The change commits land to development which is environmentally sensitive or subject to a potential hazard;and e. The change involves a major shift in the location of buildings,proposed streets,parking lots, landscaping or other site improvements. 2. All the provisions of the land division provisions, Chapters 18.420 Partitions and 18.430 Subdivisions, shall be met if applicable; 3. Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission,that promote the purpose of this chapter. In each case,the applicant must provide findings to justify the modification of the standards in the chapters listed below. The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards,unless a variance or adjustment has been requested. Page 8 of 15 September 20,2006 • • a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same type of issues as the Site Development Review. b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety considering emergency vehicle needs,and provisions are provided for all modes of transportation using the site (vehicles, bicycles, pedestrians,and transit). c. Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, using the minimum lot size established for that district. Where a project site encompasses more than • one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site,as deemed appropriate by the commission. The Commission may further authorize a density bonus not to exceed 10%as an incentive to increase or enhance open space, architectural character and/or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1)A I%bonus for each 5%of the gross site area set aside in open space,up to a maximum of 5%,is allowed for the provision of active use recreational open space, exclusive of areas contained in floodplain,steep slopes,drainageways,or wetlands that would otherwise be precluded from development; (2)Up to a maximum of 5%is allowed for the development of pedestrian amenities, streetscape development,recreation areas,plazas,or other items from the"Planning Commission's Toolbox." d. Chapter 18.745,Landscaping and Screening.The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect, provides for 20% of the net site area to be professionally landscaped,and meets the intent of the specific standard being modified. e. Chapter 18.765, Off-street Parking and Loading Requirements. The Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if: (1) The minimum number of parking spaces is not reduced by more than 10 percent of the required parking;and (2) The application is for a use designed for a specific purpose which is intended to be permanent in nature, e.g., a nursing home, and which has a low demand for off- street parking;or Page 9 of 15 September 20, 2006 • • 4110 (3) There is an opportunity for sharing parking and there is written evidence that the property owners are willing to enter into a legal agreement;or (4) Public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses;or (5) There is a community interest in the preservation of particular natural features of the site which make it in the public interest to grant an exception to parking standards. f.Chapter 18.780,Signs.The Commission may grant an exception to the sign dimensional requirements in the applicable zone if: (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs;and (2) The exception is necessary for adequate identification of the use on the property; and • (3) The sign will be compatible with the overall site plan,the structural improvements and with the structures and uses on adjoining properties. g. Chapter 18.795, Visual Clearance Areas. The Commission may grant an exception to the visual clearance requirements,when adequate sight distance is or can be met; h. Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks; and 18.810.060, Lots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an exception request. The Commission can only grant an exception to street sanctions if it is sanctioned by the City Engineer.. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: (1) Public safety will not be compromised;and (2) In the case of public streets, maintenance costs will not be greater than with a conforming design;and (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment. 4. In addition,the following criteria shall be met: a. Relationship to the natural and physical environment: (1) The streets, buildings and other site elements shall be designed and located to preserve the existing trees,topography and natural drainage to the greatest degree possible. The commission may require the applicant to provide an alternate site plan to demonstrate compliance with this criterion; Page 10 of 15 September 20, 2006 • • (2) Structures located on the site shall not be in areas subject to ground slumping and sliding as demonstrated by the inclusion of a specific geotechnical evaluation; (3) Using the basic site analysis information from the concept plan submittal, the structures shall be oriented with consideration for the sun and wind directions, where possible;and b. Buffering,screening and compatibility between adjoining uses: (1) Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential,and residential and commercial uses; (2) In addition to the requirements of the buffer matrix (Table 18.745.1), the requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same level of buffering and screening with alternate materials or methods. The following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745.: (a) The purpose of the buffer,for example to decrease noise levels, absorb air pollution,filter dust,or to provide a visual barrier; (b) The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s)from which buffering is needed; (d) The required density of the buffering; and (e) Whether the viewer is stationary or mobile. (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; (b) The direction from which it is needed; and (c) Whether the screening needs to be year-round. c. Privacy and noise:Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner,to the maximum degree possible,to protect the private areas on the adjoining properties from view and noise; d. Exterior elevations— Single-family attached and multiple-family structures: Along the vertical face of single-family attached and multiple-family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses,e.g.,decks,patios,entrances,floor area,of a minimum depth of eight feet; Page 11 of 15 September 20,2006 • • (2) Extensions,e.g.,decks,patios,entrances,floor area,of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet;and (3) Offsets or breaks in roof elevations of three or more feet in height. e. Private outdoor area—residential use: (1)Exclusive of any other required open space facility,each ground-level residential dwelling unit shall have an outdoor private area(patio,terrace,or porch)of not less than 48 square feet with a minimum width dimension of four feet; (2)Wherever possible,private outdoor open spaces should be oriented toward the sun;and (3)Private outdoor spaces shall be screened or designed to provide privacy for the use of the space. f. Shared outdoor recreation and open space facility areas—residential use: (1) Exclusive of any other required open space facilities,each residential dwelling development shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a) Studio units up to and including two bedroom units,200.square feet per unit; (b)Three or more bedroom units,300 square feet per unit. (2) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (3) The required recreation space may be provided as follows: (a) Additional outdoor passive use open space facilities; (b) Additional outdoor active use open space facilities; (c) Indoor recreation center;or (d) A combination of the above. g.Demarcation of public,semi-public and private spaces for crime prevention: (1) The structures and site improvements shall be designed so that public areas such as streets or public gathering places,semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility;and (2) These areas may be defined by,but not limited to: (a) A deck,patio,low wall,hedge,or draping vine; Page 12 of 15 September 20, 2006 (b) A trellis or arbor; (c) A change in elevation or grade; (d) A change in the texture of the path material; (e) Sign;or (f) Landscaping. h. Access and circulation: (1) The number of required access points for a development shall be provided in Chapter 18.705; • (2) All circulation patterns within a development must be designed to accommodate emergency and service vehicles;and (3) Provisions shall be made for pedestrian and bicycle ways abutting and through a site if such facilities are shown on an adopted plan or terminate at the boundaries of the project site. i. Landscaping and open space: (1) Residential Development:In addition to the buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities, a minimum of 20 percent of the site shall be landscaped. This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan, prepared or approved by a licensed landscape architect,and surety for such landscape installation; j. Public transit: (I)Provisions for public transit may be required where the site abuts or is within a 1/4 mile of a public transit route.The required facilities shall be based on: (a) The location of other transit facilities in the area; and (b) The size and type of the proposed development. (2) The required facilities may include but are not necessarily limited to such facilities as: (a) A waiting shelter; (b)A turn-out area for loading and unloading;and (c)Hard surface paths connecting the development to the waiting area. (3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement. Page 13 of 15 September 20, 2006 • • • k. Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter 18.765; (2) Up to 50%of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. I. Drainage:All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.810. An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets,porous concrete,or eco roofs. m. Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100- year floodplain,the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. n. Shared Open Space Facilities:The detailed development plan shall designate a minimum of 20%of the gross site area as a shared open space facility. The open space facility may be comprised of any combination of the following: (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes,wetlands,streams,or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements)for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements)for active recreational use. (4)The open space area shall be shown on the final plan and recorded on the final plat or covenants. o. Open Space Conveyance. Where a proposed park, playground or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas,the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods: Page 14 of 15 September 20, 2006 • • (1) Public Ownership. Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations. A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval. Dedications of open space may be eligible for Systems Development Charge credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below; (2) Private Ownership. By conveying title (including beneficial ownership) to a corporation, home association or other legal entity,and granting a conservation easement to the City in a form acceptable by the City. The terms of the conservation easement must include provisions for the following: (a) The continued use of such land for the intended purposes; (b) Continuity of property maintenance; (c) When appropriate,the availability of funds required for such maintenance; (d) Adequate insurance protection;and (e) Recovery for loss sustained by casualty and condemnation or otherwise. • Page 15 of 15 September 20, 2006 • • Attachment 3 Commissioner Caffall believes the applicant has considered every conceivable angle to make the development work. He realizes there wiThbe glitches with the parking,but the buyers will have to deal with it President'Inman believes there may be better opportunities for the pocket park. Other than the redwood tree,she thinks the park is misplaced. She also agrees about the parking,but realizes that this is what happens with these types of projects. Commissioner Walsh hopes that the giant redwood is well preserved during the demolition and construction phases of the project. Commissioner Buehner noted that when she attended the neighborhood meeting, she expressed concerns about these same items. She had recommended the developer look at the proposed changes for the PD code. She is pleased that they took what the intent of the new code is and incorporated some of the ideas into the plan. For clarification of condition#24,it was noted that the Planning Commission is in favor of leaving the sidewalks in front of units 69-83 as shown on the plan. Commissioner Buehner moved for approval of Subdivision(SUB)2006-10001/Planned Development Review(PDR) 2006-10001/Zone Change (ZON) 2006-10001/Sensitive Lands Review(SLR) 2006-10003,10004,10006&2006-00006/Tree Removal Permit(TRE) 2006- 00011 &00012/Variance (VAR) 2006-00070,00071 &00072,based upon the staff report and the testimony received at the hearing,with the clarification of#24. Commissioner Caffall seconded the motion. The motion passed unanimously. 5.2 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00003 PLANNED DEVELOPMENT CODE AMENDMENT REQUEST: The applicant is requesting approval of a Development Code Amendment to change the procedures and approval criteria for Planned Developments (Chapter 18.350) and add Definitions in Chapter 18.120. The proposed changes to Chapter 18.350 include a new purpose statement,and a new approval process and approval criteria. Related definitions of"density bonus", `landscaping",and open space facility"would be added to the Definitions Chapter(18.120). The complete text of the proposed Code Amendment can be viewed at http://www.tigard-or.gov/code_amendments. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.350 and 18.390; Comprehensive Plan Policies 1,2, 3 and 6 and Statewide Planning Goals 1 and 2. STAFF REPORT PLANNING COMMISSION MEETING MINUTES—September 18,2006-Page 8 Associate Planner Sean Farrelly reviewed the history and process involved with the proposed planned development code changes. He noted the changes from current to proposed language (Exhibit B). For shared open space facilities,President Inman asked for clarification about designating a minimum of 20% of the gross site area as an open space facility. She wondered if it should be 20%of net rather than gross. The proposal states gross. President Inman also asked for clarification about section 18.350.070.4 i,Landscaping and Open Space. The minimum of 20%of the site doesn't specify if it's 20% of gross or 20% of net. Commissioner Harbison noted that the proposed code revisions contain two definitions for "minimal use facilities"—one definition allows trails,the other does not It was concluded that"minimal use facilities"should not allow trails. Trails should fall under"passive use". After much discussion,it was decided that the definition of"minimal use facilities" should read,"No improvements apart from underground utilities and natural and ecological enhancements are allowed." After discussion on section 18.350.070.4 n, for Shared Open Space Facilities,the Commission decided to remove the words "Exclusive of any other required open space or buffer areas,". The section would now read,`The detailed development plan shall designate a minimum of 20%of the gross site area as a shared open space facility. ..." PUBLIC TESTIMONY Ernie Platt from the Home Builders Association of Metropolitan Portland submitted a letter requesting consideration of some changes to the proposed code language (Exhibit C). Regarding section 18.350.060 B 2,Alice Ellis Gaut(member of the PD Review Committee) advised that schedule dates are only an informational requirement,not a condition of approval.John Frewing(member of the PD Review Committee) advised that LUBA has already ruled that information requirements are not approval criteria. Regarding 18.350.060 C 4 c,some Commissioners agreed that building envelope could be an appropriate term rather than structural footprint Regarding 18.350.070 A 4 a (1),Commissioner Buehner advised that the goal of this section is to encourage developers to be creative. President Inman said she could see the problem with how the section is written. What they are looking for is some demonstration from the applicant that they have considered alternatives. Mr. Platt noted that the Commission can either approve or deny an application. If it's denied,that forces the issue of alternatives. Commissioner Walsh said he would like to preserve the intent of the section to challenge PLANNING COMMISSION MEETING MINUTES—September 18,2006-Page 9 • • developers. Mr.Platt suggested expanding the sentence to say,"an alternate plan that would further demonstrate compliance with the purposes as stated in the ordinance and/or to address specific concerns." The Commission decided to change the wording of this section to read,"The Commission may require the applicant to provide an alternate site plan to demonstrate compliance with this criterion." Regarding section 18.350.070 A 4 d,the Commission agreed to insert the words "single- family attached and multiple-family structures"ahead of"residential use"in the sub-title of this section. John Frewing,7110 SW Lola Lane,Tigard 97223,agreed with Mr.Platt's third and fourth requests. The first one is just information. He would like the Commission to retain the right to ask for structural footprints. This is especially important with regard to tree protection. Mr.Platt noted that the building envelope may be site specific. The Commission may require a site specific building envelope. The Commissioners decided to strike the second sentence. The new second sentence shall read, "The Commission may require site specific building envelope." Alice Fills Gaut, 10947 SW Chateau Lane,Tigard 97224,signed up to speak but noted that all her issues had already been discussed. PUBLIC HEARING CLOSED For record,President Inman disagrees with the separation of the concept and the detail development plans. She believes it is an extra step that is not necessary. Commissioner Harbison moved to recommend approval of the Development Code Amendment to the Planned Development Chapter 18.350 and Definitions Chapter 18.120,file number DCA 2006-00003,with the changes discussed tonight,and based on the staff report and the testimony heard tonight Commissioner Buehner seconded the motion. The motion passed unanimously. 6. COMP PLAN UPDATE -HOUSING/OVERVIEW -ECONOMY/OVERVIEW It was decided to postpone these items until September 25th. 7. OTHER BUSINESS • None PLANNING COMMISSION MEETING MINUTES—September 18,2006-Page 10 • • Attachment 4 Agenda Item: 5 Z Hearing Date: September 18.2006 Time: 7:00 P STAFF REPORT TO THE • PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY FILE NAME: DEVELOPMENT CODE AMENDMENT TO THE PLANNED DEVELOPMENTS CHAPTER (18.350) AND DEFINITIONS CHAPTER (18.120) FILE NO.: Development Code Amendment(DCA) DCA2006-00003 PROPOSAL: The City is requesting approval of a Development Code Amendment to amend the Planned Developments Chapter (18.350) and the Definitions Chapter (18.120) of the Tigard Community Development Code.The proposed amendments would add a new purpose statement,approval process,approval criteria and other revisions to Chapter 18.350. Related definitions of"density bonus," "landscaping," and "open space facilities"would be added to Chapter 18.120. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard,OR 97223 LOCATION: City wide COMP PLAN/ ZONING DESIGNATION: City wide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120.030, 18.350, 18.380.020, 18.390.06; Comprehensive Plan Policies 1, 2, 3 and 6; and Statewide Planning Goals 1 and 2. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend approval to the Tigard City Council to amend the Planned Developments Chapter (18.350) and Definitions Chapter (18.120) of the Tigard Community Development Code as determined through the public hearing process. STAFF REPORT TO THE PLANNING COMMISSION 9-18-2006 PUBLIC HEARING DCA 2006-00003/PLANNED DEVELOPMENTS CHAPTER PAGE 1 OF 7 DEVELOPMENT CODE AMENDMENT ID • SECTION III. BACKGROUND INFORMATION The Planned Developments Chapter of the Tigard Development Code is intended to grant flexibility to the underlying development code standards, in order to encourage innovative design and development, particularly for parcels that are physically constrained. Three years ago, some Tigard citizens raised concerns about the density, appearance, and lack of open space in certain developments that were approved under the provisions of the Planned Developments chapter. On January 27,2004, the City Council passed a resolution to form a citizen committee to review and possibly recommend changes to the Planned Developments chapter. The Committee members represented a broad spectrum of views on the issue.The Planned Developments Code Review Committee held meetings over several months.They reviewed the code and made a recommendation to substantially reorganize and rewrite the chapter. In April 2006, the Committee presented its draft changes to both. the City Council and Planning Commission. Both of these bodies made suggestions for further refinement. The committee met two additional times to refine the draft. The proposed code amendment was drafted with input from the Committee,the City Council,the City Attorney,the Planning Commission and staff. SECTION IV. APPLICABLE CRITERIA AND FINDINGS Chapter 18380 states that legislative text amendments shall be undertaken by means of a Type IV procedure,as governed by Section 18390.060.G. Chapter 18390.060.G 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 changes to the Comprehensive Plan and implementing documents. This goal was met by the City Council's appointment of a committee of citizens, who reviewed the Development Code and recommended changes. This goal has also 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. Notice was also sent to the owners of 53 properties that currently have Planned Development Overlay designations and appear on the 2005 Tigard Buildable Land Inventory. The proposed changes were also sent to other interested parties, including the Home Builders Association and several local land use consultants. STAFF REPORT TO THE PLANNING COMMISSION 9-18-2006 PUBLIC HEARING DCA 2006-00003/PLANED DEVELOPMENTS CHAPTER PAGE 2 OF 7 DEVELOPMENT CODE AMENDMENT / • • 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 2.13: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 goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice of the Planning Commission public hearing was published in the Tigard Times on August 31,2006. Notice will be published again prior to the City Council public hearing. Notice was also sent to the owners of 53 properties that currently have Planned Development Overlay designations and appear on the 2005 Tigard Buildable Land Inventory, and to other interested parties for comment. The written notices invited public input and included the phone number of a contact person to answer any questions. The notice also included the web address where the entire draft of the text changes could be viewed. This policy is also satisfied by the City Council's appointment of a citizen committee who reviewed the Development Code and recommended changes. Comprehensive Plan Policy 3:Natural Features and Open Space This policy addresses a broad range of topics all having to do with the natural resources located in Tigard. The use of Planned Developments is suggested as a way to limit impacts on wetlands (3.2.4) and designated tree or timbered areas (3.4.2). This policy is satisfied because the proposed changes strengthen protection for natural resources. A new approval criterion would require identification of areas of significant natural resources on the concept plan and methods for their maximized protection,preservation,and/or management. Comprehensive Plan Policy 6: Housing This policy addresses housing in Tigard.The Planned Development process is listed as a way to allow properties exhibiting physical constraint characteristics,e.g.,steep slopes or floodplains,to develop with density transfers allowable on the site (6.1.1). STAFF REPORT TO THE PLANNING COMMISSION 9-18-2006 PUBLIC HEARING DCA 2006-00003/PLANNED DEVELOPMENTS CHAPTER PAGE 3 OF 7 DEVELOPMENT CODE AMENDMENT • This policy is satisfied as the proposed amendment will preserve the flexibility of the Planned Development process to develop properties will physical constraints. APPLICABLE PROVISIONS OF THE CITY'S IMPLEMENTING ORDINANCES. Tigard Development Code Chapter 18.120:Definitions This chapter contains the meaning of specific words and terms used in the Development Code. The proposed changes to the sections of the Planned Developments chapter include a number of terms that need to be specifically defined. The terms are "Density bonus," "Landscaping," and three "Open Space Facility"related definitions-"Minimal Use Facilities,""Passive Use Facilities,"and"Active Use Facilities." Tigard Development Code Chapter 18350:Planned Developments This chapter establishes procedures and criteria for establishing Planned Development Overlay Zones, which allow for flexible standards and other innovative planning practices, when developing property. The proposed amendment would substantially reorganize and rewrite this chapter, and make a dear distinction between the Concept Plan and Detailed Development Plan sections of the approval process. The new organization of the chapter would start with an expanded new purpose statement, followed by an outline of the process, miscellaneous administrative provisions, the Concept Plan submission requirements, Concept Plan approval criteria, Detailed Development Plan submission requirements, and Detailed Development Plan approval criteria. The proposed purpose statement is more comprehensive than the present code language. Environmental considerations would be made more central to the purpose of the chapter. The new language states the purpose of Planned Developments is: • To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; • To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal,and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; • To achieve unique neighborhoods which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; • To preserve to the greatest extent possible the existing landscape features and amenities through the use of a planning procedure (site design and analysis, presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; • To consider an amount of development on a site,within the limits of density requirements,which will balance the interests of the owner,developer,neighbors,and the City;and • To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. The proposed approval process makes a clearer distinction between the three pieces of the process in the present code: the Concept Plan, the Detailed Development Plan, and the Overlay Zone. Concurrent applications could be made for the Concept Plan and the Detailed Development Plan, but the Planning Commission would have to take separate actions on each step. STAFF REPORT TO THE PLANNING COMLMISSION 9-18-2006 PUBLIC HEARING DCA 2006-00003/PLANNED DEVELOPMENTS CI-APTER PAGE 4 OF 7 DEVELOPMENT CODE AMENDMENT • • Concept Plan: The Concept Plan would be a distinct step, with new submission requirements. The approval of the Concept Plan would require meeting these new criteria: • Provision of open space • Protecting natural resource areas • Integration of development into the existing neighborhood • Promotion of walkability/ transit • Identification of the uses and arrangement of the site • Demonstration that the planned development has significant advantages over standard development(.e.protects natural features and provides additional amenities for the development and/or neighborhood.) Detailed Development Plan: The Detailed Development Plan was made a distinct step in the process with separate submission requirements.Approval of the Detailed Development Plan would now require a Type III review,meeting the following approval criteria: • General consistency with the Concept Plan. • Meeting the land division provisions • Findings to justify the modifications to the following Development Code chapters: a) 18.360,Site Development Review b) 18.705,Access,Egress and Circulation c)18.715,Density Computation and Limitations(Up to a 10%density bonus is allowed.A 1% density bonus for each 5%of the gross site area set aside in open space,and up to 5%for other amenities,including items from the Planning Commissioner's Toolbox(a supplemental document separate from the Development Code.) d) 18.745,Landscaping and Screening e) 18.765,Off-street Parking and Loading Requirements 1) 18.780,Signs g) 18.795,Visual Clearance Areas h)18.810,Street and Street Utility Improvements • Additional criteria,including requirements for. o Relationship to the natural and physical environment o Buffering,screening and compatibility between adjoining uses o Privacy and noise o Exterior elevations-residential use o Private outdoor area-residential use o Shared outdoor recreation and open space o Demarcation of public,semi-public,and private spaces for crime prevention o Access and circulation o Landscaping and open space o Provisions for public transit (where the site abuts or is '/+mile of a public transit route) o Parking o Drainage(alternate means for stormwater conveyance may be proposed.) o Floodplain dedication o Mandatory shared open space requirement (minimum 20% of the gross site area.) Distinctions are also made between "Minimal Use Facilities," "Passive Use Facilities," and"Active Use Facilities." o Open space conveyance STAFF REPORT TO THE PLANNING COMMISSION 9-18-2006 PUBLIC HEARING DCA 2006-00003/PLANNED DEVELOPMENTS CHAPTER PAGE 5 OF 7 DEVELOPMENT CODE AMENDMENT • V Overlay Zone: The Overlay Zone would be applied concurrently with the approval of the Detailed Development Plan.The zone designation would not expire. Overall, the proposed new language and organization of the chapter preserves the original intent of the Planned Developments chapter in the Tigard Community Development Code. The proposed changes reduce the ambiguity of the process and seek to assure that the flexibility that is granted in the development standards will result in development that has benefits for the community. 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 18.390.060.G. Therefore, the proposed text amendments to the Tigard Development Code will be reviewed under the Type W legislative procedure as set forth in the chapter. Tigard Development Code Chapter 18.390: Decision-Malang Procedures This chapter establishes standard decision-making procedures for reviewing applications. The • amendment under consideration will be reviewed under the Type 1V legislative procedure as detailed in the chapter. Section 18.390.060.G 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. SECTION V. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Building Division, Police Department, Public Works and Urban Forester have had an opportunity to review this proposal and have no objections. The City of Tigard's Long Range Planning Division reviewed the proposal and submitted several • questions for clarification. Questions referred to language permitting adjustments for lot dimensions and building height in the Sensitive Lands chapter (18.775) and density bonuses for tree canopy preserved in the Tree Removal chapter(18.790) Response If not otherwise addressed in the proposed Planned Developments chapter,any additional adjustments or bonuses allowable under other sections of the code can still be applied for.For example,the preservation of tree canopy would be eligible for a density bonus (1% bonus for every 2% canopy preserved- up to 20%) could be applied for in addition to any density bonuses eligible under the Planned Developments chapter. SECTION VI. OUTSIDE AGENCY COMMENTS Metro, Oregon Department of Transportation,Washington County Department of Land Use and Transportation, Tualatin Hills Park and Recreation District, Tualatin Valley Fire and Rescue, Tualatin Valley Water District, Clean Water Services and the Planning Directors of the cities of STAFF REPORT TO THE PLANNPNG COMMISSION 9-18-2006 PUBLIC HEARING DCA 2006-00003/PLANNED DEVELOPMENTS CHAPTER PAGE 6 OF 7 DEVELOPMENT CODE AMENDMENT e 0 Beaverton, Durham, King City, Lake Oswego, Portland, and Tualatin, were notified of the di proposed amendments and d not respond. The Oregon Department of Land Conservation and Development responded via phone and had no objections. SECTION VII. OTHER PUBLIC COMMENT A representative from the Home Builders Association submitted comments, asking several questions for clarification. These questions were discussed in a meeting with their representatives. SECTION VUI. STAFF ANALYSIS AND CONCLUSIONS _ The proposed Development Code Amendment would extensively reorganize and add new language and procedures to the current Planned Developments chapter. These changes were recommended by a citizen committee appointed by the City Council. The changes comply with the Statewide Planning Goals, the Tigard Comprehensive Plan,and applicable provisions of the City's implementing ordinances. Staff finds that the proposed revision of the chapter is consistent with the original purpose and intent of the Planned Developments chapter of the Tigard Community Development Code.The proposed changes would result in less ambiguity in the process and more of a guarantee that the flexibility granted in the development standards would result in positive outcomes for the community. Therefore, Staff recommends that the Planning Commission recommend approval of the Development Code Amendment to the Tigard City Council as determined through the public hearing process. ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY DEVELOPMENT CODE. 5-,44/1 September 8,2006 PREPARED BY: Sean Farrelly DATE Associate P . . .10 -_71,44/ 111 4g APPRO 'ED BY: Dick Bewers••'. > September 8 . 2006 DATE Planning N . .ger STAFF REPORT TO THE PLANNING COM.MISSION 9-18-2006 PUBLIC HEARING DCA 2006-00003/PLANNED DEVELOPMENTS CHAPTER PAGE 7 OF 7 DEVELOPMENT CODE AMENDMENT Mir S P." Attachment 5 • HBA Home Builders Association of Metropolitan Portland • October 4,2006 Mayor Craig Dirksen City Councilors City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: DCA 2006-00003 Proposed Planned Development Code Amendments Dear Mayor Dirksen and Councilors: Thank you on behalf of the 1400+member firms of the Home Builders Association of Metro Portland for the opportunity to submit these comments on the proposed amendments to the City Development Code. On balance,the revisions as proposed are rather benign and will not likely cause a major . change in the application process for planned developments. As their September 18 meeting,the Planning Commission received comments from interested citizens, including myself,and has recommended to you for approval a document that embodies several suggested additions/changes that came about during that meeting. I concur in all of the suggested additions/changes, and urge the Council to approve the document as recommended by the Planning Commission. Thank you for the opportunity to comment on the proposed amendments. Sincerel / e 'latt Director of Local Government Affairs 15555 SW Bangy Road • Suite 301 • Lake Oswego, Oregon 97035 Phone: 503.684.1880 • Fax: 503.684.0588 • www.homebuildersportland.org • Striving for Affordability,Balance and Choice 1 Sean Farrell - Feedback- hope it helps Page 1 i r From: "Kirsten Van Loo" <kvI @AlphaCommunity.com> To: "Dick Bewersdorff' <DICK @tigard-or.gov> Date: 10/23/2006 7:38:04 PM Subject: Feedback- hope it helps OK: I'm reading the 15 pages of draft PUD code language...and you've caught my attention, so I'm gonna give you LOTS of feedback... Two hearings come on why does the PC need to see the detailed plan if it is in conformance with the conceptual plan and the conditions of approval. This is silly and expensive for everybody. It also tells staff that the PC has no confidence in the professional individuals hired by the city to administer the development code Not confidence-inspiring to say the least. I personally believe the application of a PUD overlay zone is a de-facto zone change. Why not do one or the other. Change the zone or do the PUD but not both. This is a good opportunity to get rid of the mapping component. And...what happens in 20-30 years upon the desire or need for redevelopment? How does the City plan to handle an "ol' dead PUD overlay"zone? Since it never dies. Under the general submission requirements - I am offended by the need for a description of the"character" and "rationale" behind assumptions and choices. How does Tigard staff plan to decide -and advise-the PC on good character and good rationale and "GOOD" choices"? My good choices-or my clients good choices might NOT be what the PC thinks are good choices...how does LUBA determine a good choice VS a bad choice? Explanation of architectural style???? Innovative site planning techniques"? Innovative building techniques???? Where do these criteria fall in "clear and objective"? Can the PC deny a design that doesn't use innovative building construction techniques or a POOR architectural style..and what IS a poor architactural style-vs. a good architectural style?? Some stuff I LOVED in the 70's and 80's is pretty "poor" in my view now. • The planning Commissioners TOOLBOX? What on earth is this???? How can one explain a project based on the PC's TOOLBOX? Why is approval of a project dependent on who will build the units?...applicants intentions regarding who the lots will be marketed to? How can this be an approval criteria? Absolutely not defensible by the CITY at LUBA!!! Honestly Dick and Sean..I find 18.350.040 A- 1, 2, and 3 totally outside the scope of any land use decision-making process as it is known today. There is no way I could make findings that I could defend, or an attorney could defend, that would counter a PC member stating "I just don't believe that the applicant used enough innovative site design techniques, or considered enough alternatives". Even worse can an opponent file appeal on the basis that no innovative building techniques were suggested, or that the architectural style is in Poor taste? So if a project is denied because there were not enough innovative techniques used how will your city attoney defend that I[-Sean Farrelly- Feedback- hope it helps • Page 2 finding at LUBA. How many techniques or alternatives are ENOUGH? How do I put down on paper the itterative mental process I go through when I first look at a site and evaluate the potential development options. Honestly- I consider and reject 3-5 options before ever putting pencil to paper. Do I have to somehow document that"thought process" for the PC so they can "follow" my thought process? I write too many pages of findings already..I don't want to have to write pages of"stream of conscious" that I use between first look and final design. How do I defend my thought process who is a good designer or the right designer? Help me out here...what do you really want? What is the City Council really looking for....do they want to eliminate PUD from the code? OK- potential contradiction....18.350.050 the concept plan needs specific designation (but not specific design?) of the open space. So you just need a "prelim plat map idea"with spaces identified? "MUST DEMONSTRATE significant advantages" What is significant???? That word must be defined in your code to have any defensible meaning. You must ask the City Council to define"significant advantages" in a PUD, over standard development. You and I have both heard your PC argue about"public benefit" and we have watched them "negotiate away"units because there isn't enough "public benefit" in a PUD. This gives the PC opportunity to hold a project hostage and BARGAIN for benefits. NOT a good position to defend at LUBA. OK so now I get to the silliest part....18.350.060 C (4) ( c ) "if seeking to modifiy the base zone setbacks"...who's kidding who... why would ANYBODY go through this process just for the fun if they weren't modifying base zone standards and wanted to modify so many standards they knew they'd never get all the variances? The modification of the base zone standard setbacks (it's why we do PUDS) and why the project is better with the modifications is the MOST important compliance standard - So the modification of the lot areas and all of the associated base zone standards needing "relaxing" should be at the front of the answer...not the back. See re-arranged and re worded below C. Compliance with specific development standards. The Detailed Development Plan shall show compliance with base zone provisions , with the following modifications: 1. Structure setback provisions: a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: (1)All structures shall meet the Uniform Building and Fire Code requirements; (2)A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on Sean Farrelly- Feedback- hope it helps Page 31 • the detailed plan and proper clearances for backing movements are accounted for. (3)A minimum front yard setback of eight feet is required for any garage opening for an attached single-family. dwelling facing a private street as long as the required off-street parking spaces are provided. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The commission may require site (lot) specific building envelopes shown on specific development plans. 2. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 3. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; 4. Building height: In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2 times the height of the building. 5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter. 18.350.070 ( 3 )( d ) please always use the same 20% calculation either 20% of gross or 20% of net don't keep changing, it is very confusing and hard to track. Just pick a number and stick with it. And then further on - 18.350.070 (4 )(i) refers to ( b ) buffering and screening and then says 20 % of site (not gross or net). So landscaping is a big part of the PUD..how much do you want? Does it include buffering and screening? Can the buffering/screening be on individual lots? If the buffering/screening is on lots is it part of the 20% gross site required for a PUD? • The way I read this section.... 18.350.070 (4 )(i)....you want 20 % landscaping IN ADDITION to buffering, screening, and minimal use open space. Can all of this 20% be on individual lots? (OK if you want 20% landscaping plus 20% open space then you can't have a maximum of 80% site coverage, can you?) Do public sidewalks count towards the requirement for facilitating public transit? How will the City establish the "public transit facilities fund"? Who will decide how much $$$$$. How will the money be spent? This looks fishy to me.... OK now we are down to 18.350.070 (4 )( n) and we talk about open space AGAIN..and now its 20% of the gross site area for a shared open tira��l Sean Farrelly - Feedback - hope it helps. Page 4 space so am I to deduce that the City wants 20% of the gross site area for open space and that all other 20% references are for 20% of the gross site area?. Also does one address the required "shared outdoor recreation facility?" as exclusive from other required open space facilities? This PUD ordinance would appear to require one open space facility to meet the PUD requirements and another open space to meet the"recreation space" requirement. That's how a savvy opponent would read the current ordinance language. And a suggestion. Is there a way to put all of the open space and landscaping requirements together in one section for ease of review? In re-reading I find % discrepancies It is important to take a piece of paper...draw a site and then assign values to different sections. Here goes 51,140 site (little over an acre site that gets 15 units) Approx 20%-10,290 sf black for vehicle circulation, (if you are lucky) 20% -10,290 sf dark green for shared open space, average lots 60%-36,750 sf (15 @ 35 x 70) with setbacks of 20' fr, 3' int side, & 10' rear....(figure 15 lots with 28 by 40 building footprint) 16,800 sf brown for building and 6000 sf gray for driveway leaving 27% 13,950 sf light green for individual lot landscaping front, side and rear yards. This "fake scenerio" gets 47% greenso how would one ever get 80% max site coverage? Why offer it...it is impossible. Also...be sure to go back and read about areas of the jurisdiction that are REQUIRED by the Comp Plan (look in the comp plan) to go through a PUD review. Remember the Longstaff appeal issues. This is something that WILL bite the city in the future. Kirsten Van Loo Alpha Community Development 503-452-8003 x 209 CC: "Sean Farrelly" <Sean @tigard-or.gov>, "Dorothy Cofield" <Cofield @hevanet.com> • • t$t N 11111 TIGARD CITY COUNCIL WORKSHOP IN 2 NI MEETING OCTOBER 17,2006 6:30 p.m. TIGARD CITY HALL i I GAjR 13125 SW HALL BLVD TIGARD,OR 97223 N PUBLIC NOTICE: 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 (11)D -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 (UM - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA • TIGARD CITY COUNCIL AGENDA—OCTOBER 17,2006 page 1 • • AGENDA TIGARD CITY COUNCIL WORKSHOP MEETING OCTOBER 17, 2006 6:30 PM 1. WORKSHOP MEETING 1.1 Call to Order—Tigard 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 2. JOINT MEETING WITH LOAVES&FISHES SENIOR CENTER BOARD Staff Report: Risk Manager 3. JOINT MEETING WITH THE BUDGET COMMI I I'LE Staff Report: Finance Department 4. PRESENTATION OF TIGARD COMMUNITY PROFILE—2006 EDITION Staff Report: Community Development Department 5. PLANNED DEVELOPMENT CODE AMENDMENT > Staff Report: Community Development Department 6. ENHANCED CITIZEN PARTICIPATION UPDATE Staff Report: Administration 7. COUNCIL LIAISON REPORTS TIGARD CITY COUNCIL AGENDA—OCTOBER 17,2006 page 2 • • 8. • NON AGENDA ITEMS 9. 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. 10. ADJOURNMENT haft TIGARD CITY COUNCIL AGENDA—OCTOBER 17,2006 page 3 • • Agenda Item# 5 Meeting Date October 17.2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard,Oregon Issue/Agenda Title Planned Developments Code Amendment Workshop Prepared By. Sean Farrelly Dept Head Approval: / L--- City Mgr Approval: ae ISSUE BEFORE THE COUNCIL Review of Planning Commission recommended Planned Developments Code Amendment STAFF RECOMMENDATION • Receive a briefing of the Planned Developments Code Amendment prior to the public hearing on October 24,2006. KEY FACTS AND INFORMATION SUMMARY The Council established the Planned Developments Code Review Committee in January, 2004, to study the identified problems of Planned Developments. The Committee worked with staff to develop new code language including a revised purpose statement, application process, concept and detailed development plan requirements, and definitions. On July 18, 2006, the Committee presented their final recommendations to Council. The Council supported the initiation of the Code Amendment process. On September 18,2006,a public hearing on the proposed code amendment was held before the Plapning Commission. Public testimony was received from a representative of the Home Builders Association and a member of the PD Review Committee. The Planning Commission recommended making minor revisions to the proposed changes, in response to the public testimony and the deliberations of the Commission members.The Planning Commission voted unanimously to recommend approval of the Development Code Amendment with the changes that were discussed. OTHER ALTERNATIVES CONSIDERED Not applicable. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Growth and Growth Management, Goal No.1 —Growth will be managed to protect the character and livability of established areas,protect the natural environment and provide open space throughout the community. Two of the strategies to implement this goal are: 1) Review and modify development code sections to integrate open space preservation and protection into design standards.Planned Actions include: revising code sections to ensure that residential development incorporates open space;and developing and implementing design standards that preserve and protect open space,greenways,and natural areas. • i 2) Develop and implement design standards that preserve and protect open space,greenways, and natural areas. Planned Actions include: amending code to promote design that includes natural features and promotes connectivity to open space,greenways,and natural area access;and implementing a public process for adequate development/design review. ATTACHMENT LIST Attachment 1: Memo to Council dated October 3,2006,regarding Planning Commission changes to Planned Developments Code Amendment Attachment 2: Clean Copy of Proposed Planned Developments Code Revisions (with Planning Commission Edits) Attachment 3: Highlights of Proposed Planned Developments Code Amendment Attachment 4: Proposed Planned Developments Code Revisions (with strike-throughs) Attachment 5: Staff Report to the Planning Commission FISCAL NOTES Not applicable. I:\LRPLN\Sean\Code amendments\PD\10-17-06 PD AIS.doc • Attachment 1 III MEMORANDUM TIGARD TO: City Council FROM: Sean Family,Associate Planner RE: Planned Developments Code Amendment (DCA 2006-00003) changes made by Planning Commission at September 18,2006 public hearing DATE: October 3,2006 On September 18, 2006 the Tigard Planning Commission held a public hearing on the Planned Developments Code Amendment. Public testimony was received from the Director of Local Government Affairs of the Home Builders Association, as well as a member of the PD Review Committee. The HBA representative also submitted a letter outlining some concerns he had with the Code Amendment. The Planning Commission recommended making minor revisions to the proposed changes,in response to the public testimony and the deliberations of the Commission members. The changes that were made can be seen in "track changes" on Attachment 2 "Proposed Planned Developments Code revisions with Planning Commission Edits." The following changes were made to the original proposal: p. 1. Change the definition of Minimal Use Facilities to delete reference to low-impact recreation, and indicate that the only improvements that can be made are underground utilities and natural and ecological enhancements. p. 8. In the Detailed Development Plan Submission Requirements,replace requirement of actual structure footprints with site specific building envelopes. p. 10 In the Detailed Development Plan Approval Criteria,change the wording of the section regarding the commission requiring an alternate plan"that may result in greater preservation of trees,topography and natural drainage..." to"the commission may require the applicant to provide an alternate site plan to demonstrate compliance with this criterion." p.11 Clarify that elevations are only required for single-family attached and multiple-family structures. p. 14 Clarify language that the detailed development plan specify a minimum of 20%of the gross site area as a shared open space facility. The Planning Commission voted unanimously for a motion to recommend approval of the Developments Code Amendment with the changes that were discussed. - Attachment 2 Clean Copy Proposed Planned Developments Code Revisions,September 2006 With Planning Commission edits Chapter 18.120 DEFINITIONS 55. "Density bonus"—Additional dwelling units that can be earned as an incentive for providing undeveloped open space,landscaping,or tree canopy as defined further in this code. 87. "Landscaping"—Areas primarily devoted to plantings,trees,shrubs,lawn and other organic ground cover together with other natural or artificial supplements such as water courses,ponds,fountains, decorative lighting,benches,bridges,rock or stone arrangements,pathways,sculptures,trellises and screens. 104.Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned: a. "Minimal Use Facilities." J■Jo other improvements (apart from underground utilities and paturaL.an Deleted:Areas reserved for low-impact ecological enhancements))are allowed. recreation,limited to soft surface rails b. "Passive Use Facilities." Areas reserved for medium-impact recreation and education uses related to th which are minimally uuuarna,ned. • functions and values of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways, pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains, picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access shall be provided where site considerations permit. c. "Active Use Facilities." Areas reserved for high-impact recreation that require a greater degree of site development and/or ground disturbance; such as sports fields,playground equipment,group picnic shelters, swimming pools;hard and soft surface pathways,restrooms,and similar facilities. Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose - 18350.020 Process 18.350.030 Administrative Provisions 18.350.040 Concept Plan Submission Requirements 18.350.050 Concept Plan Approval Criteria 18.350.060 Detailed Development Plan Submission Requirements 18.350.070 Detailed Development Plan Approval Criteria 18.350.010 Purpose A. Purpose.The purposes of the planned development overlay zone are: 1. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City;and Page 1 of 15 September 20,2006 • • 2. To provide such added benefits as increased natural areas or open space in the City,alternative building designs,walkable communities,preservation of significant natural resources,aesthetic appeal,and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code;and 3. To achieve unique neighborhoods(by varying the housing styles through architectural accents, use of open space, innovative transportation facilities)which will retain their character and city benefits,while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning;and 4. To preserve to the greatest extent possible the existing landscape features and amenities(trees, water resources,ravines,etc.)through the use of a planning procedure(site design and analysis,presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site;and 5. To consider an amount of development on a site, within the limits of density requirements,which will balance the interests of the owner,developer,neighbors,and the City;and 6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. 18350.020 Process A. Applicable in all zones.The planned development designation is an overlay zone applicable to all zones. An applicant may elect to develop the project as a planned development,in compliance with the requirements of this chapter, or in the case of a commercial or industrial project an approval authority may apply the provisions of this chapter as a condition of approving any application for the development. B. Elements of approval process. There are three elements to the planned development approval process, as follows: 1. The approval of the planned development concept plan;and 2. The approval of the detailed development plan; 3. The approval of the planned development overlay zone. C. Decision-making process. 1. The concept plan shall be processed by means of a Type III-PC procedure,as governed by Section 18.390.050,using approval criteria contained in Section 18.350.050. 2. The detailed development plan shall be reviewed by means of a Type III-PC procedure,as governed by 18.390.050,to ensure that it is substantially in compliance with the approved concept plan. 3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan. 4. Applicants may choose to submit the concept plan and detailed plan for concurrent review subject Page 2 of 15 September 20,2006 to meeting all of the approval criteria for each approval.All applicants are advised that the purpose of separating these applications is to provide them clear direction in developing the detailed plans.Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone. 5. In the case of an existing planned development overlay zone,once construction of the detailed plan has been completed,subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application. 6. If the application involves subdivision of land,the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan. • D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development application (i.e. the concept approval must precede the detailed development approval);however each required action may be made at the same hearing. 18.350.030 Administrative Provisions A. Time limit on filing of detailed development plan.The concept plan approval expires after 1-1/2 years unless an application for detailed development plan and, if applicable, a preliminary plat approval or request for extension is filed. Action on the detailed development plan shall be taken by the Planning Commission by means of a Type III-PC procedure,as governed by Section 18.390.050,using approval criteria in 18.350.070. B. Zoning map designation.The planned development overlay zone application shall be concurrently approved if the detailed development plan is approved by the Planning Commission.The zoning map shall be amended to indicate the approved planned development designation for the subject development site.The approval of the planned development overlay zone shall not expire. C. Extension.The Director shall,upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1.No changes have been made on the original concept development plan as approved by the Planning Commission; 2.The applicant can show intent of applying for detailed development plan or preliminary plat review within the one year extension period;and 3.There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. D. Phased development. 1.The Commission may approve a time schedule for developing a site in phases,but in no case shall the total time period for all phases be greater than seven years without reapplying for concept development plan review. 2.The criteria for approving a phased detail development plan proposal are that: Page 3 of 15 September 20,2006 ......: .. ..... . . .. . . .. ..... .. • • a. The public facilities shall be constructed in conjunction with or prior to each phase;and b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities.A temporary public facility is any facility not constructed to the applicable City or district standard. E. Substantial modifications to the concept plan. If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required. F. Noncompliance.Noncompliance with an approved detailed development plan shall be a violation of this chapter. G. Issuance of occupancy permits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued. However, when the Director determines that immediate execution of any feature of an approved detailed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary condition,the Director shall,as a precondition of the issuance of a required permit,require the posting of a performance bond or other surety to secure execution of the feature at a time certain not to exceed one year. 18.350.040 Concept Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18390.050 and the additional information required by I8.350.040.B.In addition,the applicant shall submit the following: 1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant.This statement should include: a. A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. b.An explanation of the architectural style,and what innovative site planning principles are utilized including any innovations in building techniques that will be employed. c.An explanation of how the proposal relates to the purposes of the Planned Development Chapter as expressed in 18.350.010. d.An explanation of how the proposal utilized the Planning Commissioner's Toolbox. • 2. A general development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development.In the case where a residential subdivision is proposed,the statement shall include the applicant's intentions whether the applicant will build the homes,or. • sell the lots to other builders. Page 4 of 15 September 20,2006 • 4110 B. Additional information. In addition to the general information described in Subsection A above, the concept plan,data, and narrative shall include the following information,the detailed content of which can be obtained from the Director: 1. Existing site conditions; 2. A site concept including the types of proposed land uses and structures,including housing types,and their general arrangement on the site; 3. A grading concept; 4. A landscape concept indicating a percentage range for the amount of proposed open space and landscaping,and general location and types of proposed open space(s); 5. Parking concept 6. A sign concept; 7. A streets and utility concept;and 8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable. C. Allowable Uses 1. In residential zones.In all residential zones,an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c.The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; f. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with,but clearly incidental to the uses permitted in the zone, such as personal services, preschool or daycare, and retail uses less than 5,000 square feet in sum total; g. Community building; h. Indoor recreation facility;athletic club,fitness center,racquetball court,swimming pool, tennis court or similar use; i. Outdoor recreation facility,golf course,golf driving range,swimming pool,tennis court,or similar use;and Page 5 of 15 September 20,2006 j. Recreational vehicle storage area. 2.In commercial zones.In all commercial zones,an applicant with a planned development approval may develop the site to contain all of the uses permitted outright in the underlying zone and,in addition,a maximum of 25%of the total gross floor area may be used for multi-family dwellings in those commercial zones that do not list multi-family dwellings as an outright use. 3.In industrial zones.In all industrial zones,a planned development shall contain only those uses allowed outright in the underlying zoning district. 18350.050 Concept Plan Approval Criteria A.The concept plan may be approved by the Commission only if all of the following criteria are met: 1. The concept plan includes specific designations on the concept map for areas of open space,and describes their intended level of use, how they relate to other proposed uses on the site,and how they protect natural features of the site. 2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their maximized protection,preservation,and/or management. 3. The concept plan identifies how the future development will integrate into the existing neighborhood,either through compatible street layout, architectural style,housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting walkability or transit ridership,such methods may include separated parking bays,off street walking paths,shorter pedestrian routes than vehicular routes,linkages to or other provisions for bus stops,etc. 5. The concept plan identifies the proposed uses,and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone,while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood. 18.350.060 Detailed Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure,as governed by Section 18.390.050,the additional information required by I8.350.040.B and the approval criteria under 13.350.070. B. Additional Information. In addition to the general information described in Subsection A above, the detailed development plan,data,and narrative shall include the following information: 1. Contour intervals of 2 to 5 ft,depending on slope gradients,and spot elevations at breaks in grade,along drainage channels or swales,and at selected points,as needed Page 6 of 15 September 20,2006 • • 2.A specific development schedule indicating the approximate dates of construction activity,including • demolition, tree protection installation, tree removal, ground breaking, grading, public improvements, and building construction for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. 4.Moderate to High Density Development Analysis. If proposing development in an area within a Metro designated town or regional center,the following additional information may be required: a. Air movement:Prevailing breezes characteristic of a region may be greatly modified by urban high- rise structures. Predominant air movement patterns in a city may be along roadways and between buildings.The placement,shape,and height of existing buildings can create air turbulence caused by micro air movement patterns. These patterns may influence the location of building elements such as outdoor areas and balconies.Also a building's design and placement can mitigate or increase local wind turbulence. b. Sun and shadow patterns:The sun and shadow patterns of existing structures should be studied to determine how they would affect the proposed building.This is particularly important for outdoor terraces and balconies where sunlight may be desirable. Sun and shadow pat-terns also should be considered as sources of internal heat gain or loss.Building orientation, window sizes and shading devices can modify internal heat gain or loss.Studies should include daily and seasonal patterns and the shadows the proposed building would cast on existing buildings and open spaces. c.Reflections:Reflections from adjacent structures such as glass-clad buildings may be a problem.The development should be designed to compensate for such glare or if possible,oriented away from it. C. Compliance with specific development standards. The Detailed Development Plan shall show compliance with base zone provisions,with the following modifications: 1. Lot dimensional standards:The minimum lot depth and lot width standards shall not apply.There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80%of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; 3. Building height:In residential zones,any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2 times the height of the building. 4. Structure setback provisions: a.Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b.The setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; Page 7 of 15 September 20,2006 • • (2) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages,if specified on the detailed plan and proper clearances for backing movements are accounted for. (3) A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided.This setback may be reduced for rear or side loaded garages,if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks,the applicant shall specify the proposed setbacks, either on a lot by lot,or project wide basis. Thetcommission may_______ __ _____ ___ _________ _____ Deleted:applicant may propose,or the require,site specific building envelopes___________________________ _____ __. Deed:actual mum=footprints to ----------------- ---------------------- - be shown and adhered to. 5. Other provisions of the base zone.All other provisions of the base zone shall apply except as modified by this chapter. 18.350.070 Detailed Development Plan Approval Criteria A. Detailed Development Plan Approval Criteria. A detailed development plan may be approved only if all the following criteria are met: 1.The detailed plan is generally consistent with the concept plan.Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: a. The change increases the residential densities,increases the lot coverage by buildings or reduces the amount of parking; b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; d. The change commits land to development which is environmentally sensitive or subject to a potential hazard;and e. The change involves a major shift in the location of buildings,proposed streets,parking lots, landscaping or other site improvements. 2. All the provisions of the land division provisions, Chapters 18.420 Partitions and 18.430 Subdivisions, shall be met if applicable; 3. Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods,if acceptable to the Commission,that promote the purpose of this chapter.In each case,the applicant must provide findings to justify the modification of the standards in the chapters listed below. The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards,unless a variance or adjustment has been requested. Page 8 of 15 September 20,2006 • • a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same type of issues as the Site Development Review. b. Chapter 18.705,Access,Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety considering emergency vehicle needs,and provisions are provided for all modes of transportation using the site(vehicles, bicycles, pedestrians,and transit). c. Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site,as deemed appropriate by the commission. The Commission may further authorize a density bonus not to exceed 10%as an incentive to increase or enhance open space, architectural character and/or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1)A 1%bonus for each 5%of the gross site area set aside in open space,up to a maximum of 5%,is allowed for the provision of active use recreational open space, exclusive of areas contained in floodplain,steep slopes,drainageways,or wetlands that would otherwise be precluded from development; (2)Up to a maximum of 5%is allowed for the development of pedestrian amenities, streetscape development,recreation areas,plazas,or other items from the"Planning Commission's Toolbox." d. Chapter 18.745,Landscaping and Screening.The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect, provides for 20% of the net site area to be professionally landscaped,and meets the intent of the specific standard being modified. e. Chapter 18.765,Off-street Parking and Loading Requirements.The Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if: (1) The minimum number of parking spaces is not reduced by more than 10 percent of the required parking;and (2) The application is for a use designed for a specific purpose which is intended to be permanent in nature, e.g., a nursing home, and which has a low demand for off- street parking;or Page 9 of 15 September 20,2006 (3) There is an opportunity for sharing parking and there is written evidence that the property owners are willing to enter into a legal agreement;or (4) Public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses;or (5) There is a community interest in the preservation of particular natural features of the site which make it in the public interest to grant an exception to parking standards. f.Chapter 18.780,Signs.The Commission may grant an exception to the sign dimensional requirements in the applicable zone if: (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs;and (2) The exception is necessary for adequate identification of the use on the property; and (3) The sign will be compatible with the overall site plan,the structural improvements and with the structures and uses on adjoining properties. g. Chapter 18.795, Visual Clearance Areas. The Commission may grant an exception to the visual clearance requirements,when adequate sight distance is or can be met; h. Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks; and 18.810.060, Lots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an exception request. The Commission can only grant an exception to street sanctions if it is sanctioned by the City Engineer.. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: (1) Public safety will not be compromised;and (2) In the case of public streets, maintenance costs will not be greater than with a conforming design;and (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment. 4. In addition,the following criteria shall be met: a. Relationship to the natural and physical environment: (1) The streets, buildings and other site elements shall be designed and located t' preserve the existing trees,topography and natural drainage to the greatest degre ppat wyhresult in�eatar nare site that possible.The commission may require the applicant to provide an alternateisit preservation of trees,topography and plan to demonstrate compliance with this criterion;, natural drainage would either not be feasible or would result in a greater loss of those resources; Page 10 of 15 September 20,2006 • • (2) Structures located on the site shall not be in areas subject to ground slumping and sliding as demonstrated by the inclusion of a specific geotechnical evaluation; (3) Using the basic site analysis information from the concept plan submittal, the structures shall be oriented with consideration for the sun and wind directions, where possible;and b. Buffering,screening and compatibility between adjoining uses: (1) Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential,and residential and commercial uses; (2) In addition to the requirements of the buffer matrix (Table 18.745.1), the requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same level of buffering and screening with alternate materials or methods. The following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745.: (a) The purpose of the buffer,for example to decrease noise levels, absorb air pollution,filter dust,or to provide a visual barrier, (b) The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s)from which buffering is needed; (d) The required density of the buffering;and (e) Whether the viewer is stationary or mobile. (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; (b) The direction from which it is needed;and (c) Whether the screening needs to be year-round. c. Privacy and noise:Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner,to the maximum degree possible,to protect the private areas on the adjoining properties from view and noise; • d. Exterior elevations—Single-family attached and multiple-family structure Along the verticaLfac(Deleted:residential use of single-family attached and multiple-family structures,offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses,e.g.,decks,patios,entrances,floor area,of a minimum depth of eight feet; Page 11 of 15 September 20,2006 (2) Extensions,e.g.,decks,patios,entrances,floor area,of a minimum depth of eight feet,a maximum length of an overhang shall be 25 feet;and (3) Offsets or breaks in roof elevations of three or more feet in height. e. Private outdoor area—residential use: (1)Exclusive of any other required open space facility,each ground-level residential dwelling unit shall have an outdoor private area(patio,terrace,or porch)of not less than 48 square feet with a minimum width dimension of four feet; (2)Wherever possible,private outdoor open spaces should be oriented toward the sun;and (3)Private outdoor spaces shall be screened or designed to provide privacy for the use of the space. f.Shared outdoor recreation and open space facility areas—residential use: (1) Exclusive of any other required open space facilities,each residential dwelling development shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a) Studio units up to and including two bedroom units,200 square feet per unit; (b)Three or more bedroom units,300 square feet per unit. (2) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (3) The required recreation space may be provided as follows: (a) Additional outdoor passive use open space facilities; (b) Additional outdoor active use open space facilities; (c) Indoor recreation center,or (d) A combination of the above. g.Demarcation of public,semi-public and private spaces for crime prevention: (1) The structures and site improvements shall be designed so that public areas such as streets or public gathering places,semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space,to provide for crime prevention and to establish maintenance responsibility;and (2) These areas may be defined by,but not limited to: (a) A deck,patio,low wall,hedge,or draping vine; Page 12 of 15 September 20,2006 • • (b) A trellis or arbor; (c) A change in elevation or grade; (d) A change in the texture of the path material; (e) Sign;or (f) Landscaping. h. Access and circulation: (1) The number of required access points for a development shall be provided in Chapter 18.705; (2) All circulation patterns within a development must be designed to accommodate emergency and service vehicles;and (3) Provisions shall be made for pedestrian and bicycle ways abutting and through a site if such facilities are shown on an adopted plan or terminate at the boundaries of the project site. i.Landscaping and open space: (1) Residential Development:In addition to the buffering and screening requirements of paragraph b of this subsection,and any minimal use open space facilities, a minimum of 20 percent of the site shall be landscaped. This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan,prepared or approved by a licensed landscape architect,and surety for such landscape installation; j.Public transit: (1)Provisions for public transit may be required where the site abuts or is within a''A mile of a public transit route.The required facilities shall be based on: (a) The location of other transit facilities in the area;and (b) The size and type of the proposed development. (2) The required facilities may include but are not necessarily limited to such facilities as: (a) A waiting shelter, (b)A turn-out area for loading and unloading;and (c)Hard surface paths connecting the development to the waiting area. (3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement. Page 13 of 15 September 20,2006 • k. Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter 18.765; (2) Up to 50%of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. 1. Drainage:All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.810. An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets,porous concrete,or eco roofs. m. Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100- year floodplain,the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. n. Shared Open Space Facilities:ahe detailed develgpmentplan shall designate a minimum of 20%of- l Deleted:Exclusive of any other gross site area as a shared open space facility. The open space facility may be comprised of an 'Wired open space or buffer areas. 1 J combination of the following: . (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes,wetlands,streams,or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements)for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements)for active recreational use. (4)The open space area shall be shown on the final plan and recorded on the final plat or covenants. o. Open Space Conveyance. Where a proposed park, playground or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision,provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas,the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods: Page 14 of 15 September 20,2006 • (1) Public Ownership.Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations. A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval. Dedications of open space may be eligible for Systems Development Charge credits, usable only for the proposed development. If deemed to be not acceptable,the open space shall be in private ownership as described below; (2) Private Ownership. By conveying title (including beneficial ownership) to a corporation, home association or other legal entity,and granting a conservation easement to the City in a form acceptable by the City. The terms of the conservation easement must include provisions for the following: (a) The continued use of such land for the intended purposes; (b) Continuity of property maintenance; (c) When appropriate,the availability of funds required for such maintenance; (d) Adequate insurance protection;and (e) Recovery for loss sustained by casualty and condemnation or otherwise. Page 15 of 15 September 20,2006 Attachment 3 Highlights of Proposed Planned Developments Code Amendment 18.120 Definitions: Add new definitions of "Density bonus", "Landscaping", and three "Open Space Facility" related definitions- "Minimal Use Facilities", "Passive Use Facilities", and"Active Use Facilities". 18.350 Planned Developments Purpose Statement: The statement was completely re-written to emphasize the balancing of flexible standards with environmental and community benefits. Approval Process: The proposed changes make a clearer distinction between the three pieces of the process in the present code: the Concept Plan,the Detailed Development Plan, and the Overlay Zone. Concurrent applications could be made for the Concept Plan and the Detailed Development Plan, but the Planning Commission would have to take separate actions on each step. • 1. Concept Plan: The Concept Plan would be a distinct step, with new submission requirements. The approval of the Concept Plan would require meeting these new criteria: • Provision of open space • Protecting natural resource areas • Integration of development into the existing neighborhood • Promotion of walkability/ transit • Identification of the uses and arrangement of the site • Demonstration that the planned development has significant advantages over standard development (ie. protects natural features and provides additional amenities for the development and/or neighborhood.) 2. Detailed Development Plan: The Detailed Development Plan was made a distinct step in the process with separate submission requirements. Approval of the Detailed Development Plan would now require a Type III review, meeting the following approval criteria: • General consistency with the Concept Plan. • Meeting the land division provisions • Findings to justify the modifications to the following Development Code chapters: a) 18.360,Site Development Review b) 18.705,Access, Egress and Circulation c) 18.715, Density Computation and Limitations (Up to a 10% density bonus is allowed.A 1% density bonus for each 5% of the gross site area set aside in open space, and up to 5% for other amenities, including items from the Planning Commissioner's Toolbox (a supplemental document separate from the development Code.) d) 18.745,Landscaping and Screening e) 18.765, Off-street Parking and Loading Requirements f) 18.780, Signs g) 18.795,Visual Clearance Areas h) 18.810, Street and Street Utility Improvements • Additional criteria,including requirements for: o Relationship to the natural and physical environment o Buffering,screening and compatibility between adjoining uses o Privacy and noise o Exterior elevations-residential use o Private outdoor area-residential use o Shared outdoor recreation and open space o Demarcation of public, semi-public, and private spaces for crime prevention o Access and circulation o Landscaping and open space o Provisions for public transit (where the site abuts or is '/a mile of a public transit route) o Parking o Drainage (alternate means for stormwater conveyance may be proposed.) o Floodplain dedication o Mandatory shared open space requirement (minimum 20%of the gross site area.) Distinctions are also made between "Minimal Use Facilities", "Passive Use Facilities",and"Active Use Facilities." o Open space conveyance 3. Overlay Zone: The Overlay Zone would be applied concurrently with the approval of the Detailed Development Plan.The zone designation would not expire. • • Attachment 4 City of Tigard DCA 2006-00003 Proposed Planned Developments Code Revisions September 2006 •. Explanation of Formatting These text amendments employ the following formatting: Strrkethr-eugh— For text to be deleted [Bold and Italic]— For text to be added Chapter 18.120 DEFINITIONS [55. "Density bonus"—Additional dwelling units that can be earned as an incentive for providing undeveloped open space,landscaping,or tree canopy as defined further in this code.] • [87. "Landscaping"—Areas primarily devoted to plantings, trees,shrubs, lawn and other organic ground cover together with other natural or artificial supplements such as water courses, ponds,fountains, decorative lighting, benches, bridges,rock or stone arrangements,pathways, sculptures, trellises and screens.] [104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned: a. Minimal Use Facilities. No other improvements (apart from underground utilities and natural and ecological enhancements) are allowed. b. Passive Use Facilities.Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways,pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains,picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access shall be provided where site considerations permit. c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater degree of site development and/or ground disturbance;such as sports fields,playground equipment,group picnic shelters, swimming pools, hard and soft surface pathways, restrooms, and similar facilities.] [Renumber definitions after#55 according to the above amendments] Chapter 18.350 Page 1 of 21 September 8, 2006 • PLANNED DEVELOPMENTS . Sections: 18.350.010 Purpose 18.350.020 The Process 18.350.030 Administrative Provisions • i i i • • I • • i i I . . . I • 1-8.350.090[18.350.040]Conceptual-Development Plan Submission Requirements [18.350.050 Concept Plan Approval Criteria/ [18.350.060 Detailed Development Plan Submission Requirements] [18.350.070 Detailed Development Plan Approval Criteria] 18.350.010 Purpose A. Purpose. The purposes of the planned development overlay zone are: 2 To facilitate the efficient use of land; spacer aud-utilitiest [1. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City;and] [2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and] [3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their Page 2 of 21 September 8,2006 character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning;and! [4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis,presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site;andJ [5. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the City;andJ [6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials.] 18.350.020 The Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. [An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project, an approval authority may apply the provisions of this chapter as a condition of approving any application for the development.] B. Elements of approval process. There are three elements to the planned development approval process,as follows: Y. - [1. The approval of the planned development concept plan;and 2. The approval of the detailed development plan. 3. The approval of the planned development overlay zone.] C. Decision-making process. - •• . • • - - - - •• - -• • - - .. 11 .i 1 • [1. The concept plan shall be processed by means of a Type 1II-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050.] [2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as governed by 18.390.050, to ensure that it is substantially in compliance with the Page 3 of 21 September 8, 2006 • approved concept plan.] [3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan.] [4.Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval:All applicants are advised that the purpose of separating these applications is to provide them clear direction in developing the detailed plans. Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone.] [5. In the case of an existing planned development overlay zone,once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application.] [6. If the application involves subdivision of land,the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan.] Y. . - ..- - .. . . .ems ..J: . .. . : -. . . «tl, [D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development application (Le. the concept approval must precede the detailed development approval); however each required action may be made at the same hearing.] 18.350.030 Administrative Provisions [A. Time limit on filinM of detailed development plan. The concept plan approval expires after 1-1/2 years unless an application for detailed development plan and, if applicable, a preliminary plat approval or request for extension is filed.Action on the detailed development plan shall be taken by the Planning Commission by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria in 18.350.070.] A.[B.J Zoning map designation. '• - - . •. . . . ... " - . . . . :, [The planned development overlay zone application shall be concurrently approved if the detailed development plan is approved by the Planning Commission.]The zoning map shall be amended to indicate the approved planned development designation for the subject development Page 4 of 21 September 8, 2006 • • site. The approval of the planned development overlay zone shall not expire. . - !' _- - . ..: _. •!.!' !, •I 1• C. Extension. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: • I. No changes have been made on the original conceptual development plan as approved by the Commission; 2. The applicant can show intent of applying for detailed development plan[or preliminary plat] review within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. D. Phased development. 1. The Commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for conceptual development plan review. 2. The criteria for approving a phased detail development plan proposal are that: a. The public facilities shall be constructed in conjunction with or prior to each phase; and Page 5 of 21 September 8, 2006 • • b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. E. Substantial modifications to conceptual plan. (If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required) - • • ••• '•, -• - • •• - •- • -: - [F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter.] [G. Issuance of occupancy permits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued. However, when the Director determines that immediate execution of any feature of an approved detailed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary condition, the Director shall, as a precondition of the issuance of a required permit, require the posting of a performance bond or other surety to secure execution of the feature at a time certain not to exceed one year.] vielatien-afthis-ehaptef, • - - • • • - , .. .: . . • _ _ .. , - • • __ _• • ', , - -- • • , . . • • - - • Page 6 of 21 September 8, 2006 3 Duplex residential units; 3 Manuf,,ured homes. the-zenet d • - - o a � i i • . • . . • • •--- - €9llows • - r.- • - - •. - _ -- '1. Structure setback provisions: facing--s Page 7 of 21 September 8, 2006 • • modified thi chapt° 1 1 1 \ • •• - - .• - .. - •.. 7., _,. .. . _ . •", . . . .. . .. . , ... • _; . f Y._ , _ _ • • Y.. • - _ .. 'O Q 2>890[18.350.040]Conceptual-Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type IIIP. [-PC] procedure, as governed by Section 18.390.050 [and the additional information required by 18.350.040.8.] In addition, the applicant shall submit the following: 1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include: [al A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. [b. An explanation of the architectural style,and what innovative site planning principles are utilized including any innovations in building techniques that will be employed] [c.An explanation of how the proposal relates to the purposes of the Planned Development Chapter as expressed in 18.350.010.] [d An explanation of how the proposal utilized the Planning Commissioner's Toolbox./ Page 8 of 21 September 8, 2006 • 2. A[general]development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development.[In the case where a residential subdivision is proposed,the statement shall include the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders.] B. Additional information. In addition to the general information described in Subsection A above, the conceptual-development plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: 1. Existing site conditions; • 2. A site concept [including the types of proposed land uses and structures, including housing types, and their general arrangement on the site]; 3. A grading concept; 4. A landscape concept[indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); [S. Parking concept;] S. [6.]A sign concept; and [7.A streets and utility concept;and] [8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable.] [C.Allowable Uses] 1. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c. The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; Page 9 of 21 September 8, 2006 • • f. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with, but clearly incidental to, the residential uses permitted in the zone(such as personal services,preschool or daycare, and retail uses less than 5,000 square feet in sum total]; g. Community building; h. Indoor recreation facility; athletic club, fitness center,racquetball court, swimming pool,tennis court or similar use; i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court,or similar use; and j. Recreational vehicle storage area. 2. In commercial zones. In all commercial zones, an applicant with a planned development approval may develop the site to contain all of the uses permitted outright in the underlying zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi- family dwellings in those commercial zones that do not list multi-family dwellings as an outright use. 3. In industrial zones. In all industrial zones, a planned development shall contain only those uses allowed outright in the underlying zoning district. (18.350.050 Concept Plan Approval Criteria] (A. The concept plan may be approved by the Commission only if all of the following criteria are met: 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their maximized protection,preservation, and/or management. 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops, etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projecis that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone Page 10 of 21 September 8,2006 • • in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood] [18.350.060 Detailed Development Plan Submission Requirements] [A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.B and the approval criteria under 13.350.070.] [B.Additional Information. In addition to the general information described in Subsection A above, the detailed development plan,data, and narrative shall include the following information: 1. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in grade,along drainage channels or swales, and at selected points,as needed 2. A specific development schedule indicating the approximate dates of construction activity, including demolition, tree protection installation, tree removal,ground breaking,grading,public improvements, and building construction for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. 4. Moderate to High Density Development Analysis. If proposing development in an area within a Metro designated town or regional center,the following additional information may be required: a. Air movement: Prevailing breezes characteristic of a region may be greatly modified by urban high-rise structures. Predominant air movement patterns in a city may be along roadways and between buildings. The placement, shape, and height of existing buildings can create air turbulence caused by micro air movement patterns. These patterns may influence the location of building elements such as outdoor areas and balconies. Also a building's design and placement can mitigate or increase local wind turbulence. b. Sun and shadow patterns: The sun and shadow patterns of existing structures should be studied to determine how they would affect the proposed building. This is particularly important for outdoor terraces and balconies where sunlight may be desirable. Sun and shadow patterns also should be considered as sources of internal heat gain or loss. Building orientation, window sizes and shading devices can modify internal heat gain or loss. Studies should include daily and seasonal patterns and the shadows the proposed building would cast on existing buildings and open spaces. c. Reflections:Reflections from adjacent structures such as glass-clad buildings may be a problem. The development should be designed to compensate for such glare or if possible, oriented away from it.] [C. Compliance with specific development standards. The Detailed Development Plan shall show compliance with base zone provisions, with the following modifications: Page 11 of 21 September 8, 2006 • • 1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; 3. Building height:In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2 times the height of the building. 4. Structure setback provisions: a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; (2) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. (3)A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The commission may require site specific building envelopes. 5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter.) 184-50400[18.350.070 Detailed Development Plan]Approval Criteria [A. Detailed Development Plan Approval Criteria.A detailed development plan may be approved only if all the following criteria are met: 1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: a. The change increases the residential densities, increases the lot coverage by buildings or Page 12 of 21 September 8, 2006 • • reduces the amount of parking; b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; d The change commits land to development which is'environmentally sensitive or subject to a potential hazard;and e. The change involves a major shift in the location of buildings,proposed streets,parking lots, landscaping or other site improvements.]• - -• - - - -- - - - • • - •- _•• .., .. - . .. . . - - • .. \ - - - • .. Y. . . . _ . . - .. .. app —1- [2.]All the provisions of the land division provisions, Chapters 18.110, 18.420[Partitions] and 18.430[Subdivisions], shall be met[if applicable]; 2. [3.J Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this [chapter] section. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed in Subsection 3 below. [The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested.] [a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same type of issues as the Site Development Review.] [b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site(vehicles, bicycles,pedestrians, and transit).] Page 13 of 21 September 8, 2006 [c.J Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, [using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission.] The Commission may further authorize a density bonus not to exceed 10%as an incentive to increase or enhance open space,architectural character and/ or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1) [A 1% bonus for each 5%of the gross site area set aside in open space, up to a maximum of s%,] " maximum of 3% is allowed for the provision of[active use recreational open space! ,exclusive of areas contained in floodplain,[steep]slopes greater, drainageways, or wetlands that would otherwise be precluded from development; (2)[Up to a maximum of 5% is allowed for the development of pedestrian amenities, streetscape development, recreation areas, plazas, or other items from the "Planning Commission's Toolbox."] es. [d] Chapter 18.745, Landscaping and Screening. [The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect,provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified] [e.] Chapter 18.765, Off-street Parking and Loading Requirements. [The Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if: (1) The minimum number of parking spaces is not reduced by more than 10 percent of the required parking;and Page 14 of 21 September 8, 2006 • (2) The application is for a use designed for a specific purpose which is intended to be permanent in nature, e.g., a nursing home, and which has a low demand for off-street parking;or (3) There is an opportunity for sharing parking and there Ls written evidence that the property owners are willing to enter into a legal agreement;or (4) Public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses;or (5) There is a community interest in the preservation of particular natural features of the site which make it in the public interest to grant an exception to parking standards.] [j:] Chapter 18.780, Signs. [The Commission may grant an exception to the sign dimensional requirements in the applicable zone if: (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs;and (2) The exception is necessary for adequate identification of the use on the property; and (3) The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties.] [g.] Chapter 18.795,Visual Clearance Areas. [The Commission may grant an exception to the visual clearance requirements, when adequate sight distance is or can be met;] [h.] Chapter 18.810,Street and Utility Improvements,Sections 18.810.040,Blocks; and 18.810.060, Lots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an exception request. The Commission can only grant an exception to street sanctions if it is sanctioned by the City Engineer. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: (1) Public safety will not be compromised;and (2) In the case of public streets, maintenance costs will not be greater than with a conforming design;and (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment.] Page 15 of 21 September 8, 2006 c. Chapter 18.795,Visual Clearance Areas; - g. Chapter 18.780, Signs. 3-[4.) In addition,the following criteria shall be met: a. Relationship to the natural and physical environment: (1) The streets, buildings and other site elements shall be designed and located to preserve the existing trees, topography and natural drainage to the greatest degree possible. [The commission may require the applicant to provide an alternate site plan to demonstrate compliance with this criterion; (2) Structures located on the site shall not be in areas subject to ground slumping and sliding[as demonstrated by the inclusion of a specific geotechnical evaluation;J fire—protection; (4) [(3) Using the basic site analysis information from the concept plan submiltal,J the structures shall be oriented with consideration for the sun and wind directions,where possible;and . .• - - . . . . _ - b. Buffering, screening and compatibility between adjoining uses: (1) Buffering shall be provided between different types of land uses,e.g.,between single-family and multi-family residential, and residential and commercial uses; (2) In addition to the requirements of the buffer matrix (Table 18.745.1),[the requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same level of buffering and screening with alternate materials or methods.)The following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: (a)The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust,or to provide a visual barrier; (b)The size of the buffer needs in terms of width and height to achieve the purpose; (c)The direction(s)from which buffering is needed; (d)The required density of the buffering; and (e) Whether the viewer is stationary or mobile. (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas,parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a)What needs to be screened; Page 16 of 21 September 8,2006 (b)The direction from which it is needed; and (c) Whether the screening needs to be year-round. c. Privacy and noise: Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner,to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise; Id. Exterior elevations — single-family attached and multiple family structures: Along the vertical face of single-family attached and multiple family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses, e.g., decks,patios, entrances,floor area, of a minimum depth of eight feet; (2) Extensions, e.g., decks,patios, entrances,floor area,of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet;and (3) Offsets or breaks in roof elevations of three or more feet in height.] d.[e.]Private outdoor area[residential] use: (1) • .--•, . - . - -- .• - . - - . .•. _ . • ,[Exclusive of any other required open space facility,] each ground-level residential dwelling unit shall have an outdoor private area(patio,terrace,[or]porch)of not less than 48 square feet[with a minimum width dimension of four feet;] (2) Wherever possible,private outdoor open spaces should be oriented toward the sun; and (3) Private outdoor spaces shall be screened or designed to provide privacy for the use of the space. e.ff.]Shared outdoor recreation areas—[residential]multi-farnily use: (1) - .--•, . . • . .•. • • - , . - [Exclusive of any other required open space facilities,/each leg-[residential] development shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a) Studio units up to and including two bedroom units, 200 square feet per unit; and (b)Three or more bedroom units, 300 square feet per unit. (2)Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (3)The required recreation space may be provided as follows: a: ... . . . .. . _ .. . ... - . . .. -; . . . .. . . - . ._ ... .._ . ... . • . , - - .. . _.. . - - -- . ... , . .. . . .. , .. . .. . . .. ; . [(a) Additional outdoor passive use open space facilities; Page 17 of 21 September 8,2006 (b) Additional outdoor active use open space facilities; (c) Indoor recreation center;or (d) A combination of the above.] [g. Demarcation of public,semi-public and private spaces for crime prevention: (1) The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility;and (2) These areas may be defined by, but not limited to: (a) A deck,patio, low wall, hedge, or draping vine; (b) A trellis or arbor; • (c) A change in elevation or grade; (d) A change in the texture of the path material; (e) Sign;or (f) Landscaping.] [h.]Access and circulation: (1) The number of[required] allowed access points for a development shall be provided in Chapter 18.705; (2) All circulation patterns within a development must be designed to accommodate emergency[and service]vehicles; and (3) Provisions shall be made for pedestrian and bicycle ways[abutting and through a site]if such facilities are shown on an adopted plan for terminate at the boundaries of the project site] g.[i,]Landscaping and open space: (1) Residential Development: In addition to the[buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities,] - . .' - - - . _... . : - : - - •- . _ , , • . . _ •_ -, a minimum of 20 percent of the site shall be landscaped.[This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan,prepared or approved by a licensed landscape architect, and surety for such landscape installation;] landseeped; and h Al Public transit: (1)Provisions for public transit may be required where the site abuts for is within a % mile on a public transit route. The required facilities shall be based on: (a)The location of other transit facilities in the area;and (b) The size and type of the proposed development. Page 18 of 21 September 8, 2006 4111 • (2) The required facilities[may include but are not necessarily limited to]shall-be-limited to such facilities as: (a)A waiting shelter; (b)A turn-out area for loading and unloading; and (c)Hard surface paths connecting the development to the waiting area. [(3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement] i. Signs: j [k.J Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter Chapter 18.765; (2) Up to 50%of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. 1F [L/Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter[18.810.) . .. - , _ - • - - , - _ • : -..drainageplan;[An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets,porous concrete, or eco roofs.] [m.JFloodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. [n.] 18.350.110 Shared Open Space [Facilities: The detailed development plan shall designate a minimum of 20% of the gross site area as a shared open space facility. The open space facility may be comprised of any combination of the following: (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands,streams, or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for passive recreational use. Page 19 of 21 September 8,2006 • • (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for active recreational use. (4)The open space area shall be shown on the final plan and recorded on the final plat or covenants.] [o. Open Space Conveyance. Where a proposed park,playground or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use,provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods:] A. g_equirements for shared open space. Where the open space is designated on the plan as Y._ _ _ a-[(1)Public Ownership.] : - -. - - , - ., .. . •_ •-. .. . .• . . open-space. Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations [A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval. Dedications of open space may be eligible for Systems Development Charge credits, usable only for the proposed development If deemed to be not acceptable, the open space shall be in private ownership as described below;] -197[(2) Private Ownership.] By leasing-or conveying title(including beneficial ownership) to a corporation, home association or other legal entity,[and granting a conservation easement to the City in a form acceptable by the City. The terms of the conservation easement must include provisions for the following:] (4-) (a) The continued use of such land for the intended purposes; (2) (b)Continuity of property maintenance; (3) (c) When appropriate,the availability of funds required for such maintenance; (4) (d) Adequate insurance protection; and Page 20 of 21 September 8,2006 • • (5) (e) Recovery for loss sustained by casualty and condemnation or otherwise. Page 21 of 21 September 8, 2006 Attachment 5 Agenda Item: 5 Z Hearing Date: September 18,2006 Time: 7:00 P1 - STAFF REPORT TO THE . • PLANNING COMMISSION • FOR THE CITY OF TIGARD, OREGON . . TIGARD • SECTION I. APPLICATION SUMMARY FILE NAME: DEVELOPMENT CODE AMENDMENT TO THE PLANNED DEVELOPMENTS CHAPTER(18350) AND DEFINITIONS CHAPTER (18.1120). FILE NO.: Development Code Amendment(DCA) DCA2006-00003 PROPOSAL: The City is requesting approval of a Development Code Amendment to amend the Planned Developments Chapter(18.350) and the Definitions Chapter (18.120) of the Tigard Community Development Code.The proposed amendments would add a new purpose statement,approval process,approval criteria and other revisions to Chapter 18.350. Related definitions of"density bonus," `landscaping," and "open space facilities"would be added to Chapter 18.120. APPLICANT: City of Tigard OWNER N/A 13125 SW Hall Boulevard Tigard,OR 97223 • LOCATION: City wide COMP PLAN/ ZONING DESIGNATION: City wide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120.030, 18.350, 18.380.020, 18.390.06; Comprehensive Plan Policies 1, 2, 3 and 6; and Statewide Planning . Goals 1 and 2. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend approval to the Tigard City Council to amend the Planned Developments Chapter (18.350) and Definitions Chapter (18.120) of the Tigard Community Development Code as determined through the public hearing process. STAFF REPORT TO THE PL.AN"NLNG CO'{MISSION 9-18-2006 PUBLIC HEARING DCA 2006400003/PLANNED DEVELOPMENTS CHIMER PAGE 1 OF 7 DEVELOPMENT CODE AMENDMENT • • • SECTION III. BACKGROUND INFORMATION The Planned Developments Chapter of the Tigard Development Code is intended to grant flexibility to • the underlying development code standards, in order to encourage innovative design and development, particularly for parcels that are physically constrained. Three years ago, some Tigard citizens raised concerns about the density, appearance, and lack of open space in certain developments that were approved under the provisions of the Planned Developments chapter. On January 27,2004, the City Council passed a resolution to form a citizen committee to review and possibly recommend changes to the Planned Developments chapter. The Committee members represented a broad spectrum of views on the issue.The Planned Developments Code Review Committee held meetings over several months. They reviewed the code and made a recommendation to substantially reorganize and rewrite the chapter. In April 2006, the Committee presented its draft changes to both the City Council and Planning Commission. Both of these bodies made suggestions for further refinement. The committee met two additional times to refine the draft The proposed code amendment was drafted with input from the Committee,the City Council,the City Attorney,the Planning Commission and staff. SECTION IV. APPLICABLE CRITERIA AND FINDINGS Chapter 18380 states that legislative text amendments shall be undertaken by means of a Type IV procedure,as governed by Section 18390.060.G. Chapter 18390.060.G 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 changes to the Comprehensive Plan and implementing documents. This goal was met by the City Council's appointment of a committee of citizens, who reviewed the Development Code and recommended changes. This goal has also 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. Notice was also sent to the owners of 53 properties that currently have Planned Development Overlay designations and appear on the 2005 Tigard Buildable Land Inventory. The proposed changes were also sent to other interested parties, including the Home Builders Association and several local land use consultants. STAFF REPORT TO THE PLANNING COMMISSION 9-18-2006 PUBLIC HEARING DCA 2006-00003/PLANNED DEVELOPMENTS CH.-1PTER PAGE 2 OF 7 DEVELOPMENT CODE AMENDMENT 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 goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390.Notice of the Planning Commission public hearing was published in the Tigard Times on August 31, 2006. Notice will be published again prior to the City Council public hearing. Notice was also sent to the owners of 53 properties that currently have Planned Development Overlay designations and appear on the 2005 Tigard Buildable Land Inventory, and to other interested parties for comment. The written notices invited public input and included the phone number of a contact person to answer any questions. The notice also included the web address where the entire draft of the text changes could be viewed. This policy is also satisfied by the City Council's appointment of a citizen committee who reviewed the Development Code and recommended changes. Comprehensive Plan Policy 3:Natural Features and Open Space This policy addresses a broad range of topics all having to do with the natural resources located in Tigard. The use of Planned Developments is suggested as a way to limit impacts on wetlands (3.2.4) and designated tree or timbered areas (3.4.2). This policy is satisfied because the proposed changes strengthen protection for natural resources. A new approval criterion would require identification of areas of significant natural resources on the concept plan and methods for their maximized protection,preservation,and/or management. Comprehensive Plan Policy 6:Housing This policy addresses housing in Tigard.The Planned Development process is listed as a way to allow properties exhibiting physical constraint characteristics,e.g., steep slopes or floodplains,to develop with density transfers allowable on the site(6.1.1). STAFF REPORT TO THE PLANNING COMMISSION 9-18-2006 PUBLIC HEARING DCA 2006-00003/PLANNED DEVELOPMENTS CHAPTER PAGE 3 OF 7 DEVELOPMENT CODE AMENDMENT • • This policy is satisfied as the proposed amendment will preserve the flexibility of the Planned Development process to develop properties will physical constraints. APPLICABLE PROVISIONS OF THE CITY'S IMPLEMENTING ORDINANCES. Tigard Development Code Chapter 18.120: Definitions This chapter contains the meaning of specific words and terms used in the Development Code. The proposed changes to the sections of the Planned Developments chapter include a number of terms that need to be specifically defined. The terms are "Density bonus," "Landscaping," and three "Open Space Facility"related definitions-`Minimal Use Facilities,""Passive Use Facilities,"and"Active Use Facilities." Tigard Development Code Chapter 18.350:Planned Developments This chapter establishes procedures and criteria for establishing Planned Development Overlay Zones, which allow for flexible standards and other innovative planning practices, when developing property. The proposed amendment would substantially reorganize and rewrite this chapter, and make a clear distinction between the Concept Plan and Detailed Development Plan sections of the approval process. The new organization of the chapter would start with an expanded new purpose statement, followed by an outline of the process, miscellaneous administrative provisions, the Concept Plan submission requirements, Concept Plan approval criteria, Detailed Development Plan submission requirements, and Detailed Development Plan approval criteria. The proposed purpose statement is more comprehensive than the present code language. Environmental considerations would be made more central to the purpose of the chapter. The new language states the purpose of Planned Developments is: • To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; • To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal,and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; • To achieve unique neighborhoods which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; • To preserve to the greatest extent possible the existing landscape features and amenities through the use of a planning procedure (site design and analysis, presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; • To consider an amount of development on a site,within the limits of density requirements,which will balance the interests of the owner,developer,neighbors,and the City;and • To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. The proposed approval process makes a clearer distinction between the three pieces of the process in the present code: the Concept Plan, the Detailed Development Plan, and the Overlay Zone. Concurrent applications could be made for the Concept Plan and the Detailed Development Plan, but the Planning Commission would have to take separate actions on each step. STAFF REPORT TO THE PL.'NNING COMMISSION 9-18-2006 PUBLIC HEARING DCA 2006-00003/PLANNED DEVELOPMENTS CHAPTER PAGE 4 OF 7 DEVELOPMENT CODE AMENDMENT • • • Concept Plan: The Concept Plan would be a distinct step, with new submission requirements. The approval of the Concept Plan would require meeting these new criteria: • Provision of open space • Protecting natural resource areas • Integration of development into the existing neighborhood • Promotion of walkability/transit • Identification of the uses and arrangement of the site • Demonstration that the planned development has significant advantages over standard development(i.e.protects natural features and provides additional amenities for the development and/or neighborhood.) Detailed Development Plan: The Detailed Development Plan was made a distinct step in the process • with separate submission requirements.Approval of the Detailed Development Plan would now require a Type III review,meeting the following approval criteria: • General consistency with the Concept Plan. • Meeting the land division provisions • Findings to justify the modifications to the following Development Code chapters: a)18360,Site Development Review b)18.705,Access,Egress and Circulation c) 18.715,Density Computation and Limitations(Up to a 10%density bonus is allowed.A 1% density bonus for each 5%of the gross site area set aside in open space,and up to 5%for other amenities,including items from the Planning Commissioner's Toolbox(a supplemental document separate from the Development Code.) d) 18.745,Landscaping and Screening e)18.765,Off-street Parking and Loading Requirements 1) 18.780,Signs g) 18.795,Visual Clearance Areas h)18.810,Street and Street Utility Improvements • Additional criteria,including requirements for. o Relationship to the natural and physical environment o Buffering,screening and compatibility between adjoining uses o Privacy and noise • • o Exterior elevations-residential use o Private outdoor area-residential use o Shared outdoor recreation and open space o Demarcation of public,semi-public,and private spaces for crime prevention o Access and circulation o Landscaping and open space • o Provisions for public transit (where the site abuts or is'/.mile of a public transit route) o Parking o Drainage (alternate means for stormwater conveyance may be proposed.) o Floodplain dedication o Mandatory shared open space requirement (minimum 20% of the gross site area.) Distinctions are also made between "Minimal Use Facilities," "Passive Use Facilities," and"Active Use Facilities." o Open space conveyance • STAFF REPORT TO THE PLANNING COMMISSION 9-18-2006 PUBLIC HEARING DCA 2006-00003/PLANNED DEVELOPMENTS CHAPTER PAGE 5 OF 7 DEVELOPMENT CODE AMENDMENT • • • Overlay Zone: The Overlay Zone would be applied concurrently with the approval of the Detailed Development Plan. The zone designation would not expire. Overall, the proposed new language and organization of the chapter preserves the original intent of the Planned Developments chapter in the Tigard Community Development Code. The proposed changes reduce the ambiguity of the process and seek to assure that the flexibility that is granted in the development standards will result in development that has benefits for the community. Tigard Development Code Chapter 18380: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 18.390.060.G. 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 18390: Decision-Malting Procedures This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type W legislative procedure as detailed in the chapter. Section 18.390.060.G 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. SECTION V. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Building Division, Police Department, Public Works and Urban Forester have had an opportunity to review this proposal and have no objections. The City of Tigard's Long Range Planning Division reviewed the proposal and submitted several questions for clarification. Questions referred to language permitting adjustments for lot dimensions and building height in the Sensitive Lands chapter (18.775) and density bonuses for tree canopy preserved in the Tree Removal chapter(18.790) Response If not otherwise addressed in the proposed Planned Developments chapter,any additional adjustments or bonuses allowable under other sections of the code can still be applied for. For example, the preservation of tree canopy would be eligible for a density bonus (1% bonus for every 2% canopy preserved- up to 20%) could be applied for in addition to any density bonuses eligible under the Planned Developments chapter. SECTION VI. OUTSIDE AGENCY COMMENTS Metro, Oregon Department of Transportation,Washington County Department of Land Use and Transportation, Tualatin Hills Park and Recreation District, Tualatin Valley Fire and Rescue, Tualatin Valley Water District, Clean Water Services and the Planning Directors of the cities of STAFF REPORT TO THE PLANNING COMMISSION 9-18-2006 PUBLIC HEARING DCA 2006-00003/PLANNED DEVELOPMENTS CHAPTER PAGE 6 OF 7 DEVELOPMENT CODE AMENDMENT Beaverton, Durham, King City, Lake Oswego, Portland, and Tualatin, were notified of the proposed amendments and tclid not respond. The Oregon Department of Land Conservation and Development responded via phone and had no objections. SECTION VII. OTHER PUBLIC COMMENT A representative from the Home Builders Association submitted comments, asking several questions for clarification. These questions were discussed in a meeting with their representatives. SECTION VIII. STAFF ANALYSIS AND CONCLUSIONS The proposed Development Code Amendment would extensively reorganize and add new language and procedures to the current Planned Developments chapter. These changes were recommended by a citizen committee appointed by the City CounciL The changes comply with the Statewide Planning Goals, the Tigard Comprehensive Plan,and applicable provisions of the City's implementing ordinances. Staff finds that the proposed revision of the chapter is consistent with the original purpose and intent of the Planned Developments chapter of the Tigard Community Development Code.The proposed changes would result in less ambiguity in the process and more of a guarantee that the flexibility granted in the development standards would result in positive outcomes for the community. Therefore, Staff recommends that the Planning Commission recommend approval of the Development Code Amendment to the Tigard City Council as determined through the public hearing process. ATTACHMENT: EXHIBIT A PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY DEVELOPMENT CODE. Sl/ September 8,2006 PREPARED BY: can Farrelly DATE Associate P Ag � September 8 . 2006 APPRO D BY: Dick Bewers. ' > DATE Planning - STAFF REPORT TO THE PLANNING COMMISSION 9-18-2006 PUBLIC HEARING DCA 2006-00003/PLANNED DEVELOPMENTS CHAPTER PAGE 7 OF 7 DEVELOPMENT CODE AMENDMENT Sean Farrelly- Re: Firestone questions Page 1 • • From: "Gary Firestone" <garyf @rcclawyers.com> To: <Sean @tigard-or.gov> Date: 10/24/2006 2:10:44 PM Subject: Re: Firestone questions Sean: Thanks for finding the e-mail. With that jog to my memory, the relevent LCDC regulation is OAR 660-018- 0010, which provides: (11) "Land Use Regulation" means any local government zoning ordinance, land division ordinance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing standards for implementing a comprehensive plan. "Land use regulation"does not include small tract zoning map amendments, conditional use permits, individual subdivisions, partitioning or planned unit development approvals or denials, annexations, variances, building permits, and similar administrative-type decisions. OAR 660-018-0020 requires notice to DLCD of land use regulations. Since a planned unit development approval is not a land use regulation, no notice to DLCD would therefore be required. Gary • This message originates from the law firm of Ramis Crew Corrigan, LLP. This e-mail message and all attachments may contain legally privileged and confidential information intended solely for the use of the addressee. If you are not the intended recipient, you should immediately stop reading this message and delete it from your system. Any unauthorized reading, distribution, copying, or other use of this message or its attachments is strictly prohibited. All personal messages express solely the sender's views and not those of Ramis, Crew, Corrigan, LLP. This message may not be copied or distributed without this disclaimer. If you received this message in error, please notify us immediately at (503) 222-4402 or reply to the e-mail address above. - >>> "Sean Farrelly" <Sean @ tigard-or.gov> 10/24/06 01:55PM >>> Gary- Here is the e-mail, where the overlay is discussed. thanks, Sean Sean Farrelly Associate Long Range Planner City of Tigard • 13125 SW Hall Blvd. Tigard, OR 97223 503-718-2420 >>> "Gary Firestone" <garyf @rcclawyers.com> 5/3/2006 10:43:38 AM >> See below for answers. This message originates from the law firm of Ramis Crew Corrigan, LLP. This e-mail message and all attachments may contain legally privileged and confidential information intended solely for the use of the addressee. If you are not the intended recipient, you should immediately stop reading this message and delete it from your system. Any unauthorized reading, distribution, copying, or other use of this message or its attachments is strictly prohibited. All personal messages Sean Farrelly - Re: Firestone questions • • Page 2 express solely the sender's views and not those of Ramis, Crew, Corrigan, LLP. This message may not be copied or distributed without this disclaimer. If you received this message in error, please notify us immediately at (503) 222-4402 or reply to the e-mail address above. >>> "Sean Farrelly" <Sean @tigard-or.gov> 05/03/06 08:47AM >>> The questions we need to clarify with Gary are: 1. Is there a way to keep the PD overlay in the process? (Possibly by writing different findings in the staff report) Yes. I checked the issue I was concerned with and one of DLCD's regulations specifically provides that a planned development or small-scale zone change is not a "land use regulation". Therefore, notice to DLCD is not required, and only local comp plan or regulations apply, not statewide land use planning goals. I do note that I have increasingly been seeing arguments that notice to DLCD and goal compliance is required for all manners of decisions, and my intent was to avoid those arguments. However, since I believe that the legal position is sufficiently strong, we can still keep the overlay if the City believes it serves any purpose. 2. Does the PC have discretion to approve/turn down under 18.350.040.D.6 concept plan approval criteria?As always, it has a limited amount of discretion. It can deny the application if it finds that any of the approval criteria are not met. However, if it finds that they are all met, then it must approve the application. The discretion is in deciding whether the approval criteria are met. In case I did not previously comment on this section, I suggest that the introductory section be rewritten along the lines of: "The conceptual plan may be approved only if all of the following criteria are met:" I would also suggest tightening up the approval criteria somewhat. They read more like submission standards than approval standards. For example, subsection 1 provides that the concept plan must identify open space, describe the proposed level of use of open space and describe how the open space relates to other areas, but does not include any real standard, not even a broad statement that the open space shown on the conceptual map must be adequate, or protect natural features, or cover a certain percentage of the site. Possibly the most important is subsection 6, which requires only that the plan identify amenities or features that distinguish it from standard developments. I think a clearer standard is advisable. Possible language: "The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A development plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood." 3.Under 18.350.050.E.3.j could the City require putting money towards public transit improvements if not practical to build on site?Yes, provided that the City establishes a direct relationship and rough proportionality etween and impact of the development and the Sean Farrelly - Re: Firestone questions Page 3 • • requirement. 4. Can submittal requirements be part of the approval criteria? Depends how they are used. In my view, it is not appropriate to deny because the original submission did not include something that was required. That is part of completeness review, not an approval criterion. An applicant should not suffer because the City improperly determined that the application was complete. However, it is appropriate for a denial based on inadequacy of what is in the record. For example, if one of the submittal requirements is a landscaping plan, it is appropriate to have as an approval criterion that the landscaping plan must show X% landscaping, etc. So long as a landscaping plan that meets the criteria is included by the final decision, the application should be approved. The City should be primarily concerned with making sure that the approval criteria are sufficient to result in developments that meet City expectations. The City also needs to consider what it is asking for in the submittal requirements. If the City is requiring information or documents to be submitted that do not relate to an approval criterion, the City needs to consider why it is requiring the submittal. Thanks, Sean nne t »eve opmen s Ordinance: Development Code Amendm. • (DCA 2006-00003) • A collection offlexibk decision making r Planned 1')evelfsprnents toots to enable slevelopmint that is site Chapter 18.35(1.., specific and not mathematically • City t.:„anvil\W'sirksli , (/ctrihcr 17.201 6 •>, • History of Planned Develop lan.ned Developments Ordinance in 'Tigard Review Committee • 1983 Development Code • January 2004 City Council appoint_: • Revised in 2002(to remove density hone. committee to review the Planned for constrained lands) Developments Chapter • Recent concerns about the density, - Members made up of various perspective . appearance,and lack of adequate open including 2 Planning Commission members space in some approved PD's • Met over several months • &lade final recommendations in June 2006 ■ . .. Atm rpose Statern .um mart: a means for property dcveloprn consistent with Tiganrs Comprehensive Plan through 1. Provide a means for creating;plaiyned environments •y the applicatianof flexible atattpfatds which consider using flexible!standards. = • and mitigate for the potential impacts to the tail}; 2.Facilitate the efficient use of land. 3. Promote an economic arrangptmcnt of Lind lose,open 2. To provide such added benefits as increased natural space,etc. areas or open space ht the City,akeraarive huiktint; 4. Pfcxermc to the greatest extent possible time misting :designs.,walkable communities,preservation of l:ntdseape features by relating.tlx:design or 1 "yy significant natural-retaturcca,aesthetic-appeal,and devctopntens to a paracotas-site. atbcr WPCs of asseix that ctrattzibnwe in the larger j. Address the relationship between development elements cowmaiaity is lien of strict adtxtrnce to mans of the and maxintrtc the opportunities for into°xtivc and rtdcas of the Tigard Communist Development Code; diversified livingenvimunments. • .tt I,1.;)110:.t Purpose Statement (cont.} +y1,()'+t't1 Purpose Statement (corn.) 3. To ACitieve unique acir,hl>orhoods which will retain their character aanl city benefits,while S. To eras:ider an amount oof development em a!rite, ... . respecting the characteristics of existing .e attain the.limits of density requirements,w toe t I. at ighborb rtdt.through appropriate huffcring f. all hatance the tnierent,of the tinier,developer, and lot size traositioning; neigblx,rx,and the City;and 4. To preserve to the greatest extent possible the (, To pn>ti ids a means to better relate the built existing Landscape features and amenities` environment to the named environment dining!' through the use of:t planning gn:tcedtrrr(site sustainable and inntwative building and public design and analysis,presentation of alternatives, facility construction me(hrsl!:and material::. conceptual review,then detailed rtvicu)that can relate the type:and design MIA development to a ::. ••rticulat site; . • Current Code-Approval Process ,l'"``� �. ,•;1� Approval Process 3 elements: 3 Step Process: t.Concept PUn • • Overlay arty jar Concept Plan- , ., .:: Type pe III-PC decisions (can be•concuttc nt Detailed Development Plan (Both Type e 1[l PC decisions with separate Detailed Development Plan-.. approval criteria.Can be heard s Type El decision. n .: cocurrenth,but PC must take action on each.) ...........3.thettay6•22tt0111auc with apprm..al.o ..,. Detailed Development Plan tailed evclopment ` • i,..;: Concept Plan Approv Approval Criteria Section 18356.050(an entirety new acctiun `action 18.350.070 c•rm biers/eats olitlora various parts ••••• Concept Plan appna al criteria: of rlie riveting rh,tptcr, with:erase raw language. .• Pateisian of open minter ,. Detailed r)evctuprttesot Plan appnnal criteria: • Protecting natural resource array Integration of development lnpment intr>the*mincing. y • General the land isith the Concept Plan. . - Meeting the land division provisions nc i.thtu>tlux,d - Findings to justify the modiric stuns in sevens! cm • Prumnti ofaaltabilite/transit's::;:; lhvciapmttnt ode Chapter.+.including Dennis• • Icicntifcatiun of the uses and arrangcenrnt of the site Computation,Street and Utility Improvements • Demonstration that the planned development has - Additional criteria .. significant advantages over smntiatd development nt .. =" Detailed Development Plan Additional .1''s:rist:s.'s Approval Criteria (cont.) Among the new criteria in 18.3 6.o7o.A.$: pefitt tiv. ...Chaptcr...lt8_.12i A.PC may rctjuirc the applicant tit provide an alternate Sitc Add definitions of: plan that better complies with criteria to pre-scree existing natural rc:pun:es • Density bonus d.Submit cxteriiir Clew-Mons for sing a-ftmih an.chccI and • Landscaping multi-famity etructures • Three Open Space facility r j. Public transit provisions may he required wilco dtc site is I within';'+mile of route i Use • 1.Minimal L,sc r:icihtics I. Drainage-alternate means of stonnwrocr eofvcvance can r be proposed 2. Passive Use Facilities n.Shared Open Space-a minimum of 2.0—i,of the prows she 3.Active Use Facilities area . .1t1O anntng .,ominisSion ction • Planning Commission heard public • Planning Commission a oo ox testimony and made five minor revisions, - Provide examples to applicants o • With these changes,the Commission neiglibtx#lipcid meeting materials unanimously recommended approval to the • Update fee schedule City Council. • These changes have been inco ',mated into the code amendment. MEI ti a vain ' • . .i ...;.• .t.., .. •• Sean Farrelly-Tigard Planned Development Code Revisions Page 11 • • From: Sean Farrelly To: aland @roundstoneproperties.com; cbrown @legendhomes.com; erniep @hbapdx.org; fangelo @angeloplanning.com; fourdconst @msn.com; fred.gast @polygonhomes.com; gregk @kurahashi.com; jljones @centexhomes.com; jmp @alphacommunity.com; jse @lanpacific.com; jswestland @aol.com; Ileighton @westlakeconsultants.com; Ischelsky @westlakeconsultants.com; meven @millhomes.net; phil.grillo @millernash.com; ryan@ldcdsign.com; tkinney @westhillsdevelopment.com; wjoseph @mis-law.com Date: 7/24/2006 9:53:15 AM Subject: Tigard Planned Development Code Revisions Dear Interested Party: The City of Tigard is proposing a major revision of its Planned Development Code. Staff and a group of citizens worked for several months on the proposed language. The City's first public hearing is scheduled for the Planning Commission on September 18, 2006. The City is requesting comments on the proposed code amendments from consultants and developers. Please review the attached proposed changes and send any comments to me at sean(a,tigard-or.us by August 28th. Here is a summary of the changes: 1. New Purpose Statement The purpose statement was completely rewritten to emphasize the link between applying flexible standards and balancing impacts with amenities such as preserving open space and natural resources, the use of alternative and sustainable building designs, and other public purposes. 2. Revised Approval Process The revisions make a clearer distinction between the three sections of the approval process: • Concept Plan • Detailed Development Plan • Overlay Zone The Overlay Zone is applied concurrently with the approval of the Detailed Development Plan. Concurrent applications can be made for the Concept Plan and the Detailed Development Plan, but the Planning Commission must take separate actions on each part. A. Concept Plan: New Concept Plans would require addressing these new approval criteria: • Provision of open space • Protecting natural resource areas • Integration of development into the existing neighborhood • Promotion of walkability/transit • Identification of the uses and arrangement of the site • Demonstration that the planned development has significant advantages over standard development (i.e. protects natural features and provides additional amenities for the development/neighborhood.) B. Detailed Development Plan: The approval of a Detailed Plan was made a distinct step in the process. The Detailed Development Plan would require addressing the following approval criteria: • Conformance to the Concept Plan. • Compliance with various Development Code chapters. Up to a 10% density bonus is allowed. A 1% density bonus for each 5% of the gross site area set aside in open space, and up to 5% for other Sean Farrelly-Tigard Planned Developmen,de Revisions • Page 2 amenities, including items from the Planning Commissioners Toolbox. •Additional criteria, including a mandatory shared open space requirement (20% of the gross site area.) C. Overlay Zone: The Overlay Zone is applied concurrently with the approval of the Detailed Development Plan. The overlay zone approval does not expire. In addition to the code amendments, the review group also came up with non-code documents to assist in the new Planned Development process: •A"Toolbox"which has examples of a packet with requirements of the process as well as illustrations and case studies of preferred developments around the country. The Toolbox, which will be distributed at the pre-app, is intended to be used as a guide for developers, and as a reference for the Planning Commission, during Planned Development hearings. • In addition to the Planning Commissioners Toolbox, Staff will distribute examples of high quality materials (clear site plans and explanations) that have been used by developers at neighborhood meetings. The pre-app checklist will include a statement that if there are significant changes in the plans submitted at the neighborhood meeting, they will have to re-notice. Thanks, Sean Sean Farrelly Associate Long Range Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 503-718-2420 CC: Dick Bewersdorff; Tom Coffee JUN-22-2006 THU 11 :56 AM H E BUILDERS ASSOC FAX NO. 5036840588 P. 01 . pill1110.111 • HBA • Home Builders Association of Metropolfian Portland Fax Cover 503 6841880 FAX 503 684-0588 • www.hbapdx.org June 22, 2006 TO: Torn Coffee FAX 503 684-7297 FROM: Ernie Platt RE: . PUD notification list 1 page total Here is a good list to use for notification of the proposed code amendments for the PUD ordinance Members: Alan DeHarpport aland @roundstoneproperties.com Bill Joseph wjoseph@mis-law.com Craig Brown cbrown @legendhomes.com Dave DeHarpport fourdconst @msn.com Ernie Platt emiep©hbapdx.org Fred Gast fred.gast @polygonhomes.com Jerry Jones jljones @centexhomes.com Jim Standring jswestland@aol.com Mac Even meven(gmillhomes.net Phil Grillo phil.grillo @millernash.com Terry Kinney tkinney @westhillsdevelopment.com T1-4- L I2 s - PC s 7.0 — 5)1 6° Cc-:s h -� — E-00 Ancte_I • c -t i C_ �� +t E i-ett S c Lah 0. • • TIGARD DEVELOPMENT LIAISON COMMITTEE AGENDA August 16, 2006 2pm Red Rock meeting room, City Hall, Tigard, OR Building Department: Gary Building Official transition Engineering/Public Works Departments: Gus/Kim Planning Department: Tom/Dick/Sean Pending code amendments (PD) Water: Dennis Plan check/inspection fee schedule New Issues from City Staff: All New Issues from Development Representatives: All Next Meeting: October 18, 2006, 2pm, City Hall . . • , COMMUNITY a CITY OF TIGARD M NEWSPAPEIS ' . OREGON 6605 SE Lake Road, Portland, OR 97222• PO TIGARD Box 22109•Portland, OR 97269 PUBLIC HEARING ITEM:" Phone: 503-684-0360 Fax:503-620-3433 Email: legals @commnewspapers.com The following will be considered by the Tigard City'Council on Tuesday October 24.2006 at 7:30 PM at the Tigard Civic Center- Town Hall, 13125 SW Hall Blvd.,Tigard,Oregon: AFFIDAVIT OF PUBLICATION Public oral or written testimony is invited. The public hearing on State of Oregon, County of Washington, SS this matter will be held under Title 18 and rules of procedure ' adopted by the Council and available at City Hall or the rules of I, Charlotte Allsop, being the first duly sworn, I procedure set forth in Section 18.390.060.E. depose and say that I am the Accounting Further information may be obtained at the Permit Center from the Manager of The Times(serving Tigard, 1 City of Tigard Planning Division (Staff contact: Sean Farrelly), 13125 SW Hall Blvd.,Tigard,Oregon 97223,by calling 503-639- i Tualatin &Sherwood), a newspaper of . 4171, or by email to sean @tigard-or.gov. general circulation, published at Beaverton, in DEVELOPMENT CODE AMENDMENT(DCA)2006-00003 the aforesaid county and state, as defined by -PLANNED DEVELOPMENT CODE AMENDMENT- ORS 193.010 and 193.020, that . . REQUEST: The applicant is requesting approval of a Development Code Amendment to change the procedures and City of Tigard 1 approval criteria for Planned Developments (Chapter 18.350) and Public Hearing Item add Definitions in Chapter 18.120. The proposed changes to TT10868 Chapter 18.350 include a new purpose statement, and a new approval process and approval criteria. Related definitions of a copy of which is hereto annexed, was "density bonus","landscaping",and open space facility"would be published in the entire issue of said , added to the Definitions Chapter (18.120). The complete text of newspaper for the proposed Code Amendment can be viewed at 1 ' http://www.tigard-or.gov/code amendments, or at the City of successive and consecutive weeks in the Tigard Permit Center. LOCATION: Citywide. ZONE: Citywide. following issues APPLICABLE REVIEW CRITERIA; Community Development Code Chapters October 5, 2006 .18.120, 18.350 and 18.390; Comprehensive Plan Policies 1, 2, 3 and 6 and Statewide Planning Goals 1 and 2. IPublish 10/05/2006 TT10868 el Lo ik, CLUA-C.1) , Charlotte Allsop (Accounting Manager) October 5, 2006 _■ ' - - NOTARY'•UBLIC FOR OREGON '1 My commission expires' �� d"'0 RECEIVED PLANNING Acct#10093001 ..- - -`-�-`-ti- -�-�-�- -�-�-.- �-` OCT 1 0 2006 Patricia Lunsford �''"t OFFICIAL SEAL ) City of Tigard s�a SUZETTE I CURRAN 13125 SW Hall Blvd. �u� COMMISSION NO 373063 � CITY OF TIGARD Tigard, OR 97223 MY COMMISSION EXPIRES NOV.28,20071 Size:2 x 5.75 Amount Due $96.02 'Remit to address above IIu Tigard Planning Commission jj NOTE: If you would like to speak on this item, please print your name &address on this form. Agenda Item# S., Z Page 1 of 1 Date of Hearing 9 - /k'- o L Case Number(s) ! p(' il t✓2j c, - 000o 3 /1 Case Name P 1 if ii h e_cl D-eu e iG'1�{�u e.,� ( ci Ail e l drkt,et.f Location — / Please PRINT your name, address, and zip code Proponent (for the proposal): Opponent (against the proposal): Name: Name: 6e AJf� L/f7 IAddress: /5555 J kJ /?./746y ,46) 4 3 0/ Address: City, State, Zip: �( o 7703.s City,State, Zip: Name: 14 M 1_� Name: i Address:1 )) ID & \—C31 LIRN7 Address: City, State, Zip: D ` -_, (11.) '2--�3 City, State, Zip: Name: k4e,_ C(l Name: d Address: 10y41- 5i0 NitatQ cLLLL6 Address: City, State, Zip: ' (7t 9 7 2z4 City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City,State, Zip: City, State, Zip: • PUBLIC HEARING ITEM • • The following will be considered by the Tigard Planning COMMUNITY Commission on Monday September 18 2006 at 7 00 PM at the NEWSPAPERS Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. 6605 SE Lake Road, Portland, OR 97222• PO is Box 22109•Portland, OR 97269 be Public held oral under or Title written 18 and testimony rules of invited. The public hearing on this procedure adopted by the Counci matter will l and avail= Phone:503-684-0360 Fax: 503-620-3433 able at City-Hall or the rules of procedure set forth in Section 18.390.060E. The Email: l 03-684 0360 Fax: 503-6 rs.com Planning Commission's review is for the purpose of making a recommendation to the City Council on the request. The Council will then hold a public hearing on the request prior to making a decision. AFFIDAVIT OF PUBLICATION Further information may be obtained from the City of Tigard Planning Division(Staff contact: Sean Farrelly)at 13125 SW Hall State of Oregon, County of Washington, SS Blvd., Tigard, Oregon 97223, by calling 503-639-4171, or by email to sean @tigard-or.gov. I, Charlotte Allsop, being the first duly sworn, depose and say that I am the Accounting DEVELOPMENT CODE AMENDMENT(DCA)2006-00003 - PLANNED DEVELOPMENT CODE AMENDMENT- - � Manager of The Times (serving Tigard, REQUEST: The applicant is requesting approval of a Development Code- Tualatin &Sherwood), a newspaper of Amendment to change the procedures and approval criteria• for Planned , general circulation, published at Beaverton, in Developments (Chapter 18.350) and add Definitions in Chapter 18.120. the aforesaid county and state, as defined by The proposed changes to Chapter 18.350 include a new purpose statement,and' ORS 193.010 and 193.020, that a new approval process and approval criteria. Related definitions of "density, bonus", "landscaping", and open space facility" would be added to the: Definitions Chapter (18.120). The complete text of the proposed Code' City of Tigard Amendment can be viewed at http://www.tigard-ocgov/code_ amendments. Public Hearing-Planned Devel. Code LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: TT10853 Community Development Code Chapters 18.120, 18.350 and 18.390; Comprehensive Plan Policies 1 ,2,3 and 6 and Statewide Planning Goals 1 and a copy of which is hereto annexed, was 2. published in the entire issue of said Publish 8/31/2006 TT10853 newspaper for •= 1 -' successive and consecutive weeks in the following issues - August 31, 2006 CAVA-0/04C Charlotte Allsop (Accounting Man ger) August 31, 2006 - 5\mc!do ,Q, C3axx_cul NOTARY"PUBLIC FOR OREGON My commission expires\_,nc , a DO 1 Acct#10093001 r�- - -`- - -�-�-`-�- �- ^�- Patricia Lunsford �)) �1�z: OFFICIAL SEA City of Tigard �) SUZETTE 1 CUR13125 SW Scholls Ferry Road � COMMISSION NO.373063 ( Tigard, OR 97223 1 MY COMMISSION EXPIRES NOV.28,2007 9 Size:2 x 4.25 Amount Due$70.97 'Remit to address above 0 4Ii. AGENDA TIGARD PLANNING COMMISSION i SEPTEMBER 18, 2006 7:00 p.m. TIGARD CIVIC CENTER—TOWN HALL 13125 SW HALL BOULEVARD T I GARD TIGARD, OREGON 97223 6:30 P.M. WORKSESSION ON PUBLIC HEARING PROTOCOL RED ROCK CREEK CONFERENCE ROOM 1. CALL TO ORDER 2. ROLL CALL 3. COMMUNICATIONS AND COMMITTEE REPORTS 4. APPROVE MINUTES 5. PUBLIC HEARINGS 5.1 SUBDIVISION (SUB) 2006-10001/PLANNED DEVELOPMENT REVIEW (PDR) 2006-10001/ZONE CHANGE (ZON) 2006-10001/SENSITIVE LANDS REVIEW (SLR) 2006-10003, 10004, 10006 & 2006-00006/TREE REMOVAL PERMIT (TRE) 2006-00011 & 00012/VARIANCE (VAR) 2006-00070, 00071 &00072 SCHOLLS FERRY TOWNHOMES REQUEST: The applicant is seeking approval for an 88-lot Subdivision and Planned Development (PD) on 8.46 acres. A Zone Change is required to apply the PD overlay. The lots are proposed to be developed with attached single-family homes. Lot sizes will range from 1,046 to 2,661 square feet. In addition, applications for sensitive lands review have been submitted because the subject site has slopes greater than 25%, drainageways, wetlands and 100-year floodplain. Tree Removal Permits are requested to remove two (2) trees located within the sensitive lands. The applicant has revised the original submittal to include three (3) Variance applications. These Variances are requested to reduce rear yard setback requirements for two (2) units and to modify the required street improvements along SW Barrows Road. There are two existing single-family homes on the subject site that will be removed in concert with development. LOCATION: 1.1035 and 11115 SW 135th Avenue, 13620 SW Barrows Road; WCTM 1S133CA, Tax Lots 100, 200, 300 and 1000. ZONE: R- 25: Medium-High Density Residential District. The R-25 zoning district is designed to • accommodate existing housing of all types and new attached single-family at a minimum lot size of 3,050 square feet and multi-family units at a minimum lot size of 1,480 square feet. A limited number of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.370, 18.380, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.775, 18.780, 18.790, 18.795 and 18.810. 5.2 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00003 PLANNED DEVELOPMENT CODE AMENDMENT REQUEST: The applicant is requesting approval of a Development Code Amendment to change the procedures and approval criteria for Planned Developments (Chapter 18.350) and add Definitions in Chapter 18.120. The proposed changes to Chapter 18.350 include a new purpose statement, and a new approval process and approval criteria. Related definitions of"density bonus", "landscaping", and open space facility" would be added to the Definitions Chapter (18.120). The complete text of the proposed Code Amendment can be viewed at http://www.tigard-or.gov/code_amendments. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.350 and 18.390; Comprehensive Plan Policies 1, 2, 3 and 6 and Statewide Planning Goals 1 and 2. 6. COMP PLAN UPDATE - HOUSING/OVERVIEW - ECONOMY/OVERVIEW 7. OTHER BUSINESS 8. ADJOURNMENT n.t • Agenda Item: 5 2- Hearing Date: September 18,2006 Time: 7:00 PP : STAFF.REPORT TO.THE PLANNING COMMISSION ' FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY FILE NAME: DEVELOPMENT CODE AMENDMENT TO THE PLANNED DEVELOPMENTS CHAPTER (18.350) AND DEFINITIONS CHAPTER (18.120) FILE NO.: Development Code Amendment(DCA) DCA2006-00003 PROPOSAL: The City is requesting approval of a Development Code Amendment to amend the Planned Developments Chapter (18.350) and the Definitions Chapter (18.120) of the Tigard Community Development Code.The proposed amendments would add a new purpose statement, approval process, approval criteria and other revisions to Chapter 18.350. Related definitions of"density bonus," "landscaping," and "open space facilities"would be added to Chapter 18.120. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard,OR 97223 LOCATION: City wide COMP PLAN/ ZONING DESIGNATION: City wide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120.030, 18.350, 18.380.020, 18.390.06; Comprehensive Plan Policies 1, 2, 3 and 6; and Statewide Planning Goals 1 and 2. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend approval to the Tigard'City Council``to amend the Planned Developments'Chapter (18.350) and Definitions Chapter (18.120)- of the Tigard Community,Development Code as determined through the public hearing process. STAFF REPORT TO THE PLANNING COMMISSION 9-18-2006 PUBLIC HEARING DCA 2006-00003/PLANNED DEVELOPMENTS CHAPTER PAGE 1 OF 7 DEVELOPMENT CODE AMENDMENT ! • SECTION III. BACKGROUND INFORMATION The Planned Developments Chapter of the Tigard Development Code is intended to grant flexibility to the underlying development code standards, in order to encourage innovative design and development, particularly for parcels that are physically constrained. Three years ago, some Tigard citizens raised concerns about the density, appearance, and lack of open space in certain developments that were approved under the provisions of the Planned Developments chapter. On January 27, 2004, the City Council passed a resolution to form a citizen committee to review and possibly recommend changes to the Planned Developments chapter. The Committee members represented a broad spectrum of views on the issue. The Planned Developments Code Review Committee held meetings over several months. They reviewed the code and made a recommendation to substantially reorganize and rewrite the chapter. In. April 2006, the Committee presented_its draft changes _to_ both the City Council and Planning Commission. Both of these bodies made suggestions for further refinement. The committee met two additional times to refine the draft. The proposed code amendment was drafted with input from the Committee, the City Council, the City Attorney, the Planning Commission and staff. 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 18.390.060.G. Chapter 18.390.060.G 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 changes to the Comprehensive Plan and implementing documents. This goal was met by the City Council's appointment of a committee of citizens, who reviewed the Development Code and recommended changes. This goal has also 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. Notice was also sent to the owners of 53 properties that currently have Planned Development Overlay designations and appear on the 2005 Tigard Buildable Land Inventory. The proposed changes were also sent to other interested parties, including the Home Builders Association and several local land use consultants. STAFF REPORT TO THE PLANNING COMMISSION 9-18-2006 PUBLIC HEARING DCA 2006-00003/PLANNED DEVELOPMENTS CHAPTER PAGE 2 OF 7 DEVELOPMENT CODE AMENDMENT , • • 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 goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice of the Planning Commission public hearing was published in the Tigard Times on August 31, 2006. Notice will be published again prior to the City Council public hearing. Notice was also sent to the owners of 53 properties that currently have Planned Development Overlay designations and appear on the 2005 Tigard Buildable Land Inventory, and to other interested parties for comment. The written notices invited public input and included the phone number of a contact person to answer any questions. The notice also included the web address where the entire draft of the text changes could be viewed. This policy is also satisfied by the City Council's appointment of a citizen committee who reviewed the Development Code and recommended changes. Comprehensive Plan Policy 3: Natural Features and Open Space This policy addresses a broad range of topics all having to do with the natural resources located in Tigard. The use of Planned Developments is suggested as a way to limit impacts on wetlands (3.2.4) and designated tree or timbered areas (3.4.2). This policy is satisfied because the proposed changes strengthen protection for natural resources. A new approval criterion would require identification of areas of significant natural resources on the concept plan and methods for their maximized protection,preservation, and/or management. Comprehensive Plan Policy 6: Housing This policy addresses housing in Tigard. The Planned Development process is listed as a way to allow properties exhibiting physical constraint characteristics, e.g., steep slopes or floodplains, to develop with density transfers allowable on the site (6.1.1). STAFF REPORT TO THE PLANNING COMMISSION 9-18-2006 PUBLIC HEARING DCA 2006-00003/PLANNED DEVELOPMENTS CHAI'FER PAGE 3 OF 7 DEVELOPMENT CODE AMENDMENT • • This policy is satisfied as the proposed amendment will preserve the flexibility of the Planned Development process to develop properties will physical constraints. APPLICABLE PROVISIONS OF THE CITY'S IMPLEMENTING ORDINANCES. Tigard Development Code Chapter 18.120: Definitions This chapter contains the meaning of specific words and terms used in the Development Code. The proposed changes to the sections of the Planned Developments chapter include a number of terms that need to be specifically defined. The terms are "Density bonus," "Landscaping," and three "Open Space Facility" related definitions- "Minimal Use Facilities," "Passive Use Facilities," and"Active Use Facilities." Tigard Development Code Chapter 18.350: Planned Developments This chapter establishes procedures and criteria for establishing Planned Development Overlay Zones, which allow for flexible standards and other innovative planning practices, when developing property. The proposed amendment would substantially reorganize and rewrite this chapter, and make a clear distinction between the Concept Plan and Detailed Development Plan sections of the approval process. The new organization of the chapter would start with an expanded new purpose statement, followed by an outline of the process, miscellaneous administrative provisions, the Concept Plan submission requirements, Concept Plan approval criteria, Detailed Development Plan submission requirements, and Detailed Development Plan approval criteria. The proposed purpose statement is more comprehensive than the present code language. Environmental considerations would be made more central to the purpose of the chapter. The new language states the purpose of Planned Developments is: • To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; • To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; • To achieve unique neighborhoods which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; • To preserve to the greatest extent possible the existing landscape features and amenities through the use of a planning procedure (site design and analysis, presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; • To consider an amount of development on a site,within the limits of density requirements,which will balance the interests of the owner, developer, neighbors, and the City;and • To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. The proposed approval process makes a clearer distinction between the three pieces of the process in the present code: the Concept Plan, the Detailed Development Plan, and the Overlay Zone. Concurrent applications could be made for the Concept Plan and the Detailed Development Plan, but the Planning Commission would have to take separate actions on each step. STAFF REPORT TO THE PLANNING COMMISSION 9-18-2006 PUBLIC HEARING DCA 2006-00003/PLANNED DEVELOPMENTS CHAVI'ER PAGE 4 OF 7 DEVELOPMENT CODE AMENDMENT • • Concept Plan: The Concept Plan would be a distinct step, with new submission requirements. The approval of the Concept Plan would require meeting these new criteria: • Provision of open space • Protecting natural resource areas • Integration of development into the existing neighborhood • Promotion of walkability/ transit • Identification of the uses and arrangement of the site • Demonstration that the planned development has significant advantages over standard development (i.e. protects natural features and provides additional amenities for the development and/or neighborhood.) Detailed Development Plan: The Detailed Development Plan was made a distinct step in the process with separate submission requirements. Approval of the Detailed Development Plan would now require a Type III review, meeting the following approval criteria: • General consistency with the Concept Plan. • Meeting the land division provisions • Findings to justify the modifications to the following Development Code chapters: a) 18.360, Site Development Review b) 18.705,Access, Egress and Circulation c) 18.715,Density Computation and limitations (Up to a 10% density bonus is allowed. A 1% density bonus for each 5% of the gross site area set aside in open space, and up to 5% for other amenities,including items from the Planning Commissioner's Toolbox (a supplemental document separate from the Development Code.) d) 18.745,Landscaping and Screening e) 18.765, Off-street Parking and Loading Requirements f) 18.780, Signs g) 18.795,Visual Clearance Areas h) 18.810, Street and Street Utility Improvements • Additional criteria,including requirements for o Relationship to the natural and physical environment o Buffering, screening and compatibility between adjoining uses o Privacy and noise o Exterior elevations-residential use o Private outdoor area-residential use o Shared outdoor recreation and open space o Demarcation of public, semi-public, and private spaces for crime prevention o Access and circulation o Landscaping and open space o Provisions for public transit (where the site abuts or is '/4 mile of a public transit route) o Parking o Drainage (alternate means for stormwater conveyance may be proposed.) o Floodplain dedication o Mandatory shared open space requirement (minimum 20% of the gross site area.) Distinctions are also made between "Minimal Use Facilities," "Passive Use Facilities," and"Active Use Facilities." o Open space conveyance STAFF REPORT TO THE PLANNING COMMISSION 9-18-2006 PUBLIC HEARING DCA 2006-00003/PLANNED DEVELOPMENTS CHAYI ER PAGE 5 OF 7 DEVELOPMENT CODE AMENDMENT • 4 Overlay Zone: The Overlay Zone would be applied concurrently with the approval of the Detailed Development Plan. The zone designation would not expire. Overall, the proposed new language and organization of the chapter preserves the original intent of the Planned Developments chapter in the Tigard Community Development Code. The proposed changes reduce the ambiguity of the process and seek to assure that the flexibility that is granted in the development standards will result in development that has benefits for the community. 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 18.390.060.G. 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 18.390.060.G 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. SECTION V. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Building Division, Police Department, Public Works and Urban Forester have had an opportunity to review this proposal and have no objections. The City of Tigard's Long Range Planning Division reviewed the proposal and submitted several questions for clarification. Questions referred to language permitting adjustments for lot dimensions and building height in the Sensitive Lands chapter (18.775) and density bonuses for tree canopy preserved in the Tree Removal chapter (18.790) Response If not otherwise addressed in the proposed Planned Developments chapter, any additional adjustments or bonuses allowable under other sections of the code can still be applied for. For example, the preservation of tree canopy would be eligible for a density bonus (1% bonus for every 2% canopy preserved- up to 20%) could be applied for in addition to any density bonuses eligible under the Planned Developments chapter. SECTION VI. OUTSIDE AGENCY COMMENTS Metro, Oregon Department of Transportation, Washington County Department of Land Use and Transportation, Tualatin Hills Park and Recreation District, Tualatin Valley Fire and Rescue, Tualatin Valley Water District, Clean Water Services and the Planning Directors of the cities of STAFF REPORT TO THE PLANNING COMMISSION 9-18-2006 PUBLIC HEARING DCA 2006-00003/PLANNED DEVELOPMENTS CHAI7I ER PAGE 6 OF 7 DEVELOPMENT CODE AMENDMENT • Beaverton, Durham, King City, Lake Oswego, Portland, and Tualatin, were notified of the proposed amendments and did not respond. The Oregon Department of Land Conservation and Development responded via phone and had no objections. SECTION VII. OTHER PUBLIC COMMENT A representative from the Home Builders Association submitted comments, asking several questions for clarification. These questions were discussed in a meeting with their representatives. SECTION VIII. STAFF ANALYSIS AND CONCLUSIONS The proposed Development Code Amendment would extensively reorganize and add new language and procedures to the current Planned Developments chapter. These changes were recommended by a citizen committee appointed by the City Council. The changes comply with the Statewide Planning Goals, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Staff finds that the proposed revision of the chapter is consistent with the original purpose and intent of the Planned Developments chapter of the Tigard Community Development Code. The proposed changes would result in less ambiguity in the process and more of a guarantee that the flexibility granted in the development standards would result in positive outcomes for the community. Therefore, Staff recommends that the Planning Commission recommend approval of the Development Code Amendment to the Tigard City Council as determined through the public hearing process. ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY DEVELOPMENT CODE. September 8, 2006 PREPARED BY: can Farrelly DATE Associate Pla 4, September 8 , 2006 APPRO D BY: Dick Bewers.sf `> DATE Planning M. ..ger STAFF REPORT TO THE PLANNING COMMISSION 9-18-2006 PUBLIC HEARING DCA 2006-00003/PLANNED DEVELOPMENTS CHAPTER PAGE 7 OF 7 DEVELOPMENT CODE AMENDMENT EXHIBIT "A" City of Tigard DCA 2006-00003 Proposed Planned Developments Code Revisions September 2006 Explanation of Formatting These text amendments employ the following formatting: S ethroughh— For text to be deleted [Bold and Italic]— For text to be added Chapter 18.120 DEFINITIONS [55. "Density bonus"—Additional dwelling units that can be earned as an incentive for providing undeveloped open space, landscaping, or tree canopy as defined further in this code.] [87. "Landscaping"—Areas primarily devoted to plantings, trees,shrubs, lawn and other organic ground cover together with other natural or artificial supplements such as water courses, ponds,fountains, decorative lighting, benches, bridges, rock or stone arrangements,pathways, sculptures, trellises and screens.] (104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned: a. Minimal Use Facilities.Areas reserved for low-impact recreation,limited to soft surface trails which are minimally maintained. No other improvements (apart from underground utilities) are allowed. b. Passive Use Facilities. Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways,pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains,picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access shall be provided where site considerations permit. c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater degree of site development and/or ground disturbance;such as sports fields,playground equipment,group picnic shelters, swimming pools, hard and soft surface pathways, restrooms, and similar facilities.) [Renumber definitions after#55 according to the above amendments] Page 1 of 21 September 8, 2006 Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 The Process 18.350.030 Administrative Provisions X50.090[18.350.040)Conceptual-Development Plan Submission Requirements [18.350.050 Concept Plan Approval Criteria] 118.350.060 Detailed Development Plan Submission Requirements) 118.350.070 Detailed Development Plan Approval Criteria) 18.350.100 .p..oval Criteria 18.350.010 Purpose A. Purpose. The purposes of the planned development overlay zone are: 4- . . • . . - . . . ' . .. . . . . . '_. 3 . . . - . - . . . _ - - . . . -, . .' : . _ , . . - .. , - , - spa o and-utilities; 4 - - - - - - - - . - . - . . . . - _ . parti it ; and - - [1. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; and] [2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and] Page 2 of 21 September 8, 2006 0 [3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and] [4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis,presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; and] [5. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the City; and] [6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials.] 18.350.020 The Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. [An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project, an approval authority may apply the provisions of this chapter as a condition of approving any application for the development.] B. Elements of approval process. There are three elements to the planned development approval process, as follows: 4- . . . . • . - • . . . . - . . - • - . - . 2 • - . . . • - . . . . . . . - . . •; - . . [1. The approval of the planned development concept plan; and 2. The approval of the detailed development plan. 3. The approval of the planned development overlay zone.] C. Decision-making process. • - • . . . - • . . - . . . . land-use--appl-icatien [1. The concept plan shall be processed by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050.] Page 3 of 21 September 8, 2006 • [2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as governed by 18.390.050, to ensure that it is substantially in compliance with the approved concept plan.] [3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan.] [4. Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval.All applicants are advised that the purpose of separating these applications is to provide them clear direction in developing the detailed plans. Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone.] [S. In the case of an existing planned development overlay zone, once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application.] [6. If the application involves subdivision of land, the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan.] -. . . . .j: . . . . .. . - . J: -. . . . . . -. . . .. eeneuffently, [D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development application (i.e. the concept approval must precede the detailed development approval); however each required action may be made at the same hearing.] 18.350.030 Administrative Provisions [A. Time limit on filing of detailed development plan. The concept plan approval expires after 1-1/2 years unless an application for detailed development plan and, if applicable, a preliminary plat approval or request for extension is filed. Action on the detailed development plan shall be taken by the Planning Commission by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria in 18.350.070.] A.[B.J Zoning map designation. • - - . . • - . - . . - • - - • - - • . . - - [The planned development overlay zone application shall be concurrently approved if the Page 4 of 21 September 8, 2006 detailed development plan is approved by the Planning Commission.]The zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. - • -. _. • .. l • - • . , . . . - - • , . . . . . • - - . . • - . - - • • I I. I C. Extension. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1. No changes have been made on the original conceptual development plan as approved by the Commission; 2. The applicant can show intent of applying for detailed development plan[or preliminary plat] review within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. D. Phased development. 1. The Commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for conceptual development plan review. 2. The criteria for approving a phased detail development plan proposal are that: Page 5 of 21 September 8, 2006 I a. The public facilities shall be constructed in conjunction with or prior to each phase; and b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. E. Substantial modifications to conceptaa4 plan. [If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required.] _ . . . •. •. -• •- • • • • -- - (F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter.) [G. Issuance of occupancy permits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued. However, when the Director determines that immediate execution of any feature of an approved detailed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary condition, the Director shall, as a precondition of the issuance of a required permit, require the posting of a performance bond or other surety to secure execution of the feature at a time certain not to exceed one year.] • . . . - .. . . . . • . . • . • . . . . - - • -•• y: . . . .. . . • . . . . • • . . . . - Page 6 of 21 September 8, 2006 4- 3 , 4 ; 6 the-zone; ; :l., .a o; . feliewsi -. _ _ • • • _ . _ , • • .. - . • • - - - _ • • - _ . . • • g f a stream Page 7 of 21 September 8, 2006 ,4110 S • ., fndings thati - standard for ri 3 .. _ . . !0. : - • . . . . • . (18.350.040]Conceptual-Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type II1B f--PC] procedure, as governed by Section 18.390.050 [and the additional information required by 18.350.040.8.] In addition, the applicant shall submit the following: 1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include: [a.]A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. [b. An explanation of the architectural style, and what innovative site planning principles are utilized including any innovations in building techniques that will be employed.] [c.An explanation of how the proposal relates to the purposes of the Planned Development Page 8 of 21 September 8, 2006 • Chapter as expressed in 18.350.010.] [d.An explanation of how the proposal utilized the Planning Commissioner's Toolbox] 2. A[general]development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development.[In the case where a residential subdivision is proposed, the statement shall include the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders.] B. Additional information. In addition to the general information described in Subsection A above, the conceptual ent plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: 1. Existing site conditions; 2. A site concept [including the types of proposed land uses and structures, including housing types, and their general arrangement on the site]; 3. A grading concept; 4. A landscape concept[indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); [5. Parking concept;] 5. [6.]A sign concept; and [7.A streets and utility concept; and] [8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable.] [C. Allowable Uses! 1. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of I8.350.070.A.3.c. The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; Page 9 of 21 September 8, 2006 • • c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; f. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with, but clearly incidental to, the residential uses permitted in the zone[such as personal services,preschool or daycare, and retail uses less than 5,000 square feet in sum total]; g. Community building; h. Indoor recreation facility; athletic club, fitness center, racquetball court, swimming pool, tennis court or similar use; i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and j. Recreational vehicle storage area. 2. In commercial zones. In all commercial zones, an applicant with a planned development approval may develop the site to contain all of the uses permitted outright in the underlying zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi- family dwellings in those commercial zones that do not list multi-family dwellings as an outright use. 3. In industrial zones. In all industrial zones, a planned development shall contain only those uses allowed outright in the underlying zoning district. [18.350.050 Concept Plan Approval Criteria] [A. The concept plan may be approved by the Commission only if all of the following criteria are met: 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their maximized protection,preservation, and/or management. 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops, etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. Page 10 of 21 September 8, 2006 0 • 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood.] [18.350.060 Detailed Development Plan Submission Requirements] (A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.B and the approval criteria under 13.350.070.] [B. Additional Information. In addition to the general information described in Subsection A above, the detailed development plan, data, and narrative shall include the following information: 1. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in grade, along drainage channels or swales, and at selected points, as needed. 2. A specific development schedule indicating the approximate dates of construction activity, including demolition, tree protection installation, tree removal,ground breaking,grading,public improvements, and building construction for each phase.. 3. A copy of all existing and/or proposed restrictions or covenants. 4. Moderate to High Density Development Analysis. If proposing development in an area within a Metro designated town or regional center, the following additional information may be required: a. Air movement: Prevailing breezes characteristic of a region may be greatly modified by urban high-rise structures. Predominant air movement patterns in a city may be along roadways and between buildings. The placement, shape, and height of existing buildings can create air turbulence caused by micro air movement patterns. These patterns may influence the location of building elements such as outdoor areas and balconies. Also a building's design and placement can mitigate or increase local wind turbulence. b. Sun and shadow patterns: The sun and shadow patterns of existing structures should be studied to determine how they would affect the proposed building. This is particularly important for outdoor terraces and balconies where sunlight may be desirable. Sun and shadow patterns also should be considered as sources of internal heat gain or loss. Building orientation, window sizes and shading devices can modify internal heat gain or loss. Studies should include daily and seasonal patterns and the shadows the proposed building would cast on existing buildings and open spaces. c. Reflections: Reflections from adjacent structures such as glass-clad buildings may be a problem. The development should be designed to compensate for such glare or if possible, oriented away from it.J [C. Compliance with specific development standards. The Detailed Development Plan shall show Page 11 of 21 September 8, 2006 compliance with base zone provisions, with the following modifications: 1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; 3. Building height: In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2 times the height of the building. 4. Structure setback provisions: a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; (2) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. (3)A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The applicant may propose, or the commission may require, actual structure footprints to be shown and adhered to. 5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter.] X50.108[18.350.070 Detailed Development Plan]Approval Criteria [A. Detailed Development Plan Approval Criteria. A detailed development plan may be approved only if all the following criteria are met: 1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: Page 12 of 21 September 8, 2006 • a. The change increases the residential densities, increases the lot coverage by buildings or reduces the amount of parking; b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; d. The change commits land to development which is environmentally sensitive or subject to a potential hazard; and e. The change involves a major shift in the location of buildings,proposed streets,parking lots, landscaping or other site improvements.] .• - t ' ! - - application, —I- [2.]All the provisions of the land division provisions, Chapters 18.41-0i 18.420[Partitions] and 18.430[Subdivisions], shall be met[if applicable]; 2. [3.1 Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this [chapter] section. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed ' below. [The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested.] [a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same type of issues as the Site Development Review.] [b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety Page 13 of 21 September 8, 2006 • IMP considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site (vehicles, bicycles,pedestrians, and transit).) —a,[c.]Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, [using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission.] The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/ or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1) [A 1% bonus for each 5% of the gross site area set aside in open space, up to a maximum of S%,J " maximum of 20'- is allowed for the provision of(active use recreational open space] , exclusive of areas contained in floodplain,[steep]slopes ° , drainageways, or wetlands that would otherwise be precluded from development; (2)(Up to a maximum of 5% is allowed for the development of pedestrian amenities, streetscape development, recreation areas, plazas, or other items from the "Planning Commission's Toolbox."J • . , • . 0. • • . . . . ::•- ; . - . • of ho g type [d.J Chapter 18.745, Landscaping and Screening. [The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect, provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified.] [e.] Chapter 18.765, Off-street Parking and Loading Requirements. (The Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if: Page 14 of 21 September 8, 2006 (1) The minimum number of parking spaces is not reduced by more than 10 percent of the required parking; and (2) The application is for a use designed for a specific purpose which is intended to be permanent in nature, e.g., a nursing home, and which has a low demand for off-street parking; or (3) There is an opportunity for sharing parking and there is written evidence that the property owners are willing to enter into a legal agreement; or (4) Public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses; or (5) There is a community interest in the preservation of particular natural features of the site which make it in the public interest to grant an exception to parking standards.] [.] Chapter 18.780, Signs. [The Commission may grant an exception to the sign dimensional requirements in the applicable zone if: (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs; and (2) The exception is necessary for adequate identification of the use on the property; and (3) The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties.] [g.J Chapter 18.795, Visual Clearance Areas. [The Commission may grant an exception to the visual clearance requirements, when adequate sight distance is or can be met;] [h.] Chapter 18.810,Street and Utility Improvements, Sections 18.810.040, Blocks; and 18.810.060, Lots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an exception request. The Commission can only grant an exception to street sanctions if it is sanctioned by the City Engineer. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: (I) Public safety will not be compromised; and (2) In the case of public streets, maintenance costs will not be greater than with a conforming design; and Page 15 of 21 September 8, 2006 (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment.) - !, - - - . - - . . - _ .. ; c. Chapter 18.795, Visual Clearance Areas; • , e .. . ' g. Chapter 18.780, Signs. 3-[4.] In addition, the following criteria shall be met: a. Relationship to the natural and physical environment: (1) The streets, buildings and other site elements shall be designed and located to preserve the existing trees, topography and natural drainage to the greatest degree possible. [The commission may require the applicant to demonstrate why a particular alternate site plan that may result in greater preservation of trees, topography and natural drainage would either not be feasible or would result in a greater loss of those resources;] (2) Structures located on the site shall not be in areas subject to ground slumping and sliding(as demonstrated by the inclusion of a specific geotechnical evaluation;] fire otectie (4) [(3) Using the basic site analysis information from the concept plan submittal,)the structures shall be oriented with consideration for the sun and wind directions, where possible; and b. Buffering, screening and compatibility between adjoining uses: (1) Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; (2) In addition to the requirements of the buffer matrix (Table 18.745.1),[the requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same level of buffering and screening with alternate materials or methods.]The following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (b) The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s) from which buffering is needed; (d) The required density of the buffering; and (e) Whether the viewer is stationary or mobile. Page 16 of 21 September 8, 2006' • (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; (b) The direction from which it is needed; and (c) Whether the screening needs to be year- round. c. Privacy and noise: Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise; Id. Exterior elevations—residential use:Along the vertical face of single-family attached and multiple family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses, e.g., decks,patios, entrances,floor area, of a minimum depth of eight feet; (2) Extensions, e.g., decks,patios, entrances,floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and (3) Offsets or breaks in roof elevations of three or more feet in height.) d.le.]Private outdoor area(residential) use: (1) - . . . - - .• - .. - . . . . .. _ . . ,[Exclusive of any other required open space facility,] each ground-level residential dwelling unit shall have an outdoor private area (patio, terrace,[or]porch) of not less than 48 square feet[with a minimum width dimension of jour feet;] (2) Wherever possible, private outdoor open spaces should be oriented toward the sun; and (3) Private outdoor spaces shall be screened or designed to provide privacy for the use of the space. e.[j.J Shared outdoor recreation areas—[residential] use: (I) . - - •. . .• _ . . . . - [Exclusive of any other required open space facilities,]each [residential] development shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a) Studio units up to and including two bedroom units, 200 square feet per unit; and (b)Three or more bedroom units, 300 square feet per unit. . (2)Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (3)The required recreation space may be provided as follows: Page 17 of 21 September 8, 2006 11110 _. • .. • . -; . -, . . . .. -• - -- - • . .. , . . .. _. •. - . ; . [(a) Additional outdoor passive use open space facilities; (b) Additional outdoor active use open space facilities; (c) Indoor recreation center; or (d) A combination of the above.] [g. Demarcation of public, semi-public and private spaces for crime prevention: (1) The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and (2) These areas may be defined by, but not limited to: (a) A deck,patio, low wall, hedge, or draping vine; (b) A trellis or arbor; (c) A change in elevation or grade; (d) A change in the texture of the path material; (e) Sign; or ([) Landscaping.] [h.]Access and circulation: (1) The number of[required) allowed access points for a development shall be provided in Chapter 18.705; (2) All circulation patterns within a development must be designed to accommodate emergency[and service]vehicles; and (3) Provisions shall be made for pedestrian and bicycle ways[abutting and through a site] if such facilities are shown on an adopted plan[or terminate at the boundaries of the project site.] g.[i.]Landscaping and open space: (1) Residential Development: In addition to the [buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities,] . .' - •• • - . . - . . . . . - •. -, a minimum of 20 percent of the site shall be landscaped.[This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan,prepared or approved by a licensed landscape architect, and surety for such landscape installation;] 41+4seaPeiland Page 18 of 21 September 8, 2006 • 1 [j.J Public transit: (1)Provisions for public transit may be required where the site abuts[or is within a '/e mile o1]a public transit route. The required facilities shall be based on: (a) The location of other transit facilities in the area; and (b)The size and type of the proposed development. (2) The required facilities[may include but are not necessarily limited to]s to such facilities as: (a) A waiting shelter; (b) A turn-out area for loading and unloading; and (c) Hard surface paths connecting the development to the waiting area. [(3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement.] Signs: j [k.]Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter Chapter 18.765; (2) Up to 50%of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. 17 [[./Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter(18.810.1 . _ - • - •. • • - - = - • : • - [An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets,porous concrete,or eco roofs.] 1 [m.]Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. [n.] 18.350.110 Shared Open Space[Facilities: Exclusive of any other required open space or buffer areas, the detailed development plan shall designate a minimum of 20% of the gross site area as an open space facility. The open space facility may be comprised of any combination of the following: Page 19 of 21 September 8, 2006 (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minima! use. Typically these areas are designated around sensitive lands (steep slopes, wetlands, streams,or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for active recreational use. (4)The open space area shall be shown on the final plan and recorded on the final plat or covenants.] ]o. Open Space Conveyance. Where a proposed park,playground or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use,provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods:) } - - - . . . - . . . . .• . - - a J(1) Public Ownership.] '_ • . .. . '_ . . • - •• • . • open-spaee. Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations [A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval. Dedications of open space may be eligible for Systems Development Charge credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below;] -b ](2) Private Ownership.] By leasing-er conveying title (including beneficial ownership) to a corporation, home association or other legal entity,(andgranting a conservation easement to the City in a form acceptable by the City. The terms of the conservation easement must include provisions for the following:) Page 20 of 21 September.8, 2006 • • (-1-) (a) The continued use of such land for the intended purposes; (2-) (b)Continuity of property maintenance; (3) (c) When appropriate, the availability of funds required for such maintenance; (4) (d) Adequate insurance protection; and (-3) (e) Recovery for loss sustained by casualty and condemnation or otherwise. Page 21 of 21 September 8, 2006 • • ATTACHMENTS: Exhibits A. Proposed Planned Developments Code Amendment (strike-throughs) Attachments 1. Highlights of Proposed Planned Developments Code Amendment 2. Proposed Planned Developments Code Amendment(clean.copy) 3. August 10, 2006 Home Builders Association Memorandum 4. Long Range Planning Comments, prepared by Denver Igarta • • Attachment 1 Highlights of Proposed Planned Developments Code Amendment 18.120 Definitions: Add new definitions of "Density bonus", "Landscaping", and three "Open Space Facility" related definitions- "Minimal Use Facilities","Passive Use Facilities", and"Active Use Facilities". 18.350 Planned Developments Purpose Statement: The statement was completely re-written to emphasize the balancing of flexible standards with environmental and community benefits. Approval Process: The proposed changes make a clearer distinction between the three pieces of the process in the present code: the Concept Plan, the Detailed Development Plan, and the Overlay Zone. Concurrent applications could be made for the Concept Plan and the Detailed Development Plan, but the Planning Commission would have to take separate actions on each step. 1. Concept Plan: The Concept Plan would be a distinct step, with new submission requirements. The approval of the Concept Plan would require meeting these new criteria: • Provision of open space • Protecting natural resource areas • Integration of development into the existing neighborhood • Promotion of walkability/ transit • Identification of the uses and arrangement of the site • Demonstration that the planned development has significant advantages over standard development (i.e. protects natural features and provides additional amenities for the development and/or neighborhood.) 2. Detailed Development Plan: The Detailed Development Plan was made a distinct step in the process with separate submission requirements. Approval of the Detailed Development Plan would now require a Type III review, meeting the following approval criteria: • General consistency with the Concept Plan. • Meeting the land division provisions • Findings to justify the modifications to the following Development Code chapters: a) 18.360, Site Development Review b) 18.705,Access, Egress and Circulation c) 18.715, Density Computation and Limitations (Up to a 10% density bonus is allowed. A 1% density bonus for each 5% of the gross site area set aside in open space, and up to 5% for other amenities, including items from the Planning Commissioner's Toolbox (a supplemental document separate from the • development Code.) d) 18.745,Landscaping and Screening e) 18.765, Off-street Parking and Loading Requirements f) 18.780, Signs g) 18.795,Visual Clearance Areas h) 18.810, Street and Street Utility Improvements • • Additional criteria, including requirements for: o Relationship to the natural and physical environment o Buffering, screening and compatibility between adjoining uses o Privacy and noise o Exterior elevations-residential use o Private outdoor area-residential use o Shared outdoor recreation and open space o Demarcation of public, semi-public, and private spaces for crime prevention o Access and circulation o Landscaping and open space o Provisions for public transit (where the site abuts or is '/o mile of a public transit route) o Parking o Drainage (alternate means for stormwater conveyance may be proposed.) o Floodplain dedication o Mandatory shared open space requirement(minimum 20% of the gross site area.) Distinctions are also made between "Minimal Use Facilities", "Passive Use Facilities", and"Active Use Facilities." o Open space conveyance 3. Overlay Zone: The Overlay Zone would be applied concurrently with the approval of the Detailed Development Plan. The zone designation would not expire. • • • Attachment 2 Clean Copy Proposed Planned Developments Code Revisions, September 2006 Chapter 18.120 DEFINITIONS 55. "Density bonus"—Additional dwelling units that can be earned as an incentive for providing undeveloped open space, landscaping, or tree canopy as defined further in this code. 87. "Landscaping"—Areas primarily devoted to plantings,trees,shrubs, lawn and other organic ground cover together with other natural or artificial supplements such as water courses, ponds, fountains, decorative lighting, benches, bridges, rock or stone arrangements, pathways, sculptures, trellises and screens. 104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned: a. "Minimal Use Facilities." Areas reserved for low-impact recreation, limited to soft surface trails which are minimally maintained. No other improvements(apart from underground utilities) are allowed. b. "Passive Use Facilities." Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways, pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains, picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access shall be provided where site considerations permit. c. "Active Use Facilities." Areas reserved for high-impact recreation that require a greater degree of site development and/or ground disturbance; such as sports fields, playground equipment, group picnic shelters, swimming pools, hard and soft surface pathways, restrooms, and similar facilities. Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 Process 18.350.030 Administrative Provisions 18.350.040 Concept Plan Submission Requirements 18.350.050 Concept Plan Approval Criteria 18.350.060 Detailed Development Plan Submission Requirements 18.350.070 Detailed Development Plan Approval Criteria 18.350.010 Purpose A. Purpose. The purposes of the planned development overlay zone are: 1. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; and Page 1 of 15 September 8, 2006 • 2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and 3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and 4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis, presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; and 5. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the City; and 6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. 18.350.020 Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project an approval authority may apply the provisions of this chapter as a condition of approving any application for the development. B. Elements of approval process. There are three elements to the planned development approval process, as follows: 1. The approval of the planned development concept plan;and 2. The approval of the detailed development plan; 3. The approval of the planned development overlay zone. C. Decision-making process. 1. The concept plan shall be processed by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050. 2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as governed by 18.390.050,to ensure that it is substantially in compliance with the approved concept plan. 3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan. 4. Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval. All applicants are advised that the Page 2 of 15 September 8, 2006 0 purpose of separating these applications is to provide them clear direction in developing the detailed plans. Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone. 5. In the case of an existing planned development overlay zone, once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application. 6. If the application involves subdivision of land,the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan. D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development application (i.e. the concept approval must precede the detailed development approval); however each required action may be made at the same hearing. 18.350.030 Administrative Provisions A. Time limit on filing of detailed development plan. The concept plan approval expires after 1-1/2 years unless an application for detailed development plan and, if applicable, a preliminary plat approval or request for extension is filed. Action on the detailed development plan shall be taken by the Planning Commission by means of a Type III-PC procedure,as governed by Section 18.390.050, using approval criteria in 18.350.070. B. Zoning map designation. The planned development overlay zone application shall be concurrently approved if the detailed development plan is approved by the Planning Commission. The zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. C. Extension. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1. No changes have been made on the original concept development plan as approved by the Planning Commission; 2. The applicant can show intent of applying for detailed development plan or preliminary plat review within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. D. Phased development. 1. The Commission may approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for concept development plan review. 2. The criteria for approving a phased detail development plan proposal are that: a. The public facilities shall be constructed in conjunction with or prior to each phase; and Page 3 of 15 September 8, 2006 • • b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. E. Substantial modifications to the concept plan. If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required. F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter. G. Issuance of occupancy permits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued. However, when the Director determines that immediate execution of any feature of an approved detailed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary condition, the Director shall, as a precondition of the issuance of a required permit, require the posting of a performance bond or other surety to secure execution of the feature at a time certain not to exceed one year. 18.350.040 Concept Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050 and the additional information required by 18.350.040.B. In addition, the applicant shall submit the following: 1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include: a. A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. b. An explanation of the architectural style, and what innovative site planning principles are utilized including any innovations in building techniques that will be employed. c. An explanation of how the proposal relates to the purposes of the Planned Development Chapter as expressed in 18.350.010. d. An explanation of how the proposal utilized the Planning Commissioner's Toolbox. 2. A general development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development. In the case where a residential subdivision is proposed,the statement shall include the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders. B. Additional information. In addition to the general information described in Subsection A above, the concept plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: Page 4 of 15 September 8, 2006 • I. Existing site conditions; • 2. A site concept including the types of proposed land uses and structures, including housing types, and their general arrangement on the site; 3. A grading concept; 4. A landscape concept indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); 5. Parking concept 6. A sign concept; 7. A streets and utility concept; and 8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable. C. Allowable Uses I. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c. The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; f. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with, but clearly incidental to the uses permitted in the zone, such as personal services, preschool or daycare, and retail uses less than 5,000 square feet in sum total; g. Community building; h. Indoor recreation facility; athletic club, fitness center, racquetball court, swimming pool, tennis court or similar use; i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and j. Recreational vehicle storage area. Page 5 of 15 September 8, 2006 • 2. In commercial zones. In all commercial zones,an applicant with a planned development approval may develop the site to contain all of the uses permitted outright in the underlying zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi-family dwellings in those commercial . zones that do not list multi-family dwellings as an outright use. 3. In industrial zones. In all industrial zones, a planned development shall contain only those uses allowed outright in the underlying zoning district. 18.350.050 Concept Plan Approval Criteria A. The concept plan may be approved by the Commission only if all of the following criteria are met: 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their maximized protection, preservation, and/or management. 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops, etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood. 18.350.060 Detailed Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.B and the approval criteria under 13.350.070. B. Additional Information. In addition to the general information described in Subsection A above, the detailed development plan, data, and narrative shall include the following information: 1. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in grade, along drainage channels or swales, and at selected points, as needed 2. A specific development schedule indicating the approximate dates of construction activity, including Page 6 of 15 September 8, 2006 • • demolition, tree protection installation, tree removal, ground breaking, grading, public improvements, and building construction for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. 4.Moderate to High Density Development Analysis. If proposing development in an area within a Metro designated town or regional center , the following additional information may be required: a. Air movement: Prevailing breezes characteristic of a region may be greatly modified by urban high- rise structures. Predominant air movement patterns in a city may be along roadways and between buildings. The placement, shape, and height of existing buildings can create air turbulence caused by micro air movement patterns. These patterns may influence the location of building elements such as outdoor areas and balconies. Also a building's design and placement can mitigate or increase local wind turbulence. b. Sun and shadow patterns: The sun and shadow patterns of existing structures should be studied to determine how they would affect the proposed building. This is particularly important for outdoor terraces and balconies where sunlight may be desirable. Sun and shadow pat- terns also should be considered as sources of internal heat gain or loss. Building orientation, window sizes and shading devices can modify internal heat gain or loss. Studies should include daily and seasonal patterns and the shadows the proposed building would cast on existing buildings and open spaces. c.Reflections: Reflections from adjacent structures such as glass-clad buildings may be a problem. The development should be designed to compensate for such glare or if possible, oriented away from it. C. Compliance with specific development standards. The Detailed Development Plan shall show compliance with base zone provisions, with the following modifications: 1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; 3. Building height: In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2 times the height of the building. 4. Structure setback provisions: a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; Page 7 of 15 September 8, 2006 • (2) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. (3) A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The applicant may propose,or the commission may require, actual structure footprints to be shown and adhered to. 5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter. 18.350.070 Detailed Development Plan Approval Criteria A. Detailed Development Plan Approval Criteria. A detailed development plan may be approved only if all the following criteria are met: 1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: a. The change increases the residential densities, increases the lot coverage by buildings or reduces the amount of parking; b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; d. The change commits land to development which is environmentally sensitive or subject to a potential hazard; and e. The change involves a major shift in the location of buildings, proposed streets, parking lots, landscaping or other site improvements. 2. All the provisions of the land division provisions, Chapters 18.420 Partitions and 18.430 Subdivisions, shall be met if applicable; 3. Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this chapter. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed below. The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested. Page 8 of 15 September 8, 2006 • • a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same type of issues as the Site Development Review. b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site (vehicles, bicycles, pedestrians, and transit). c. Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site,as deemed appropriate by the commission. The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1)A 1% bonus for each 5% of the gross site area set aside in open space, up to a maximum of 5%, is allowed for the provision of active use recreational open space, exclusive of areas contained in floodplain, steep slopes,drainageways, or wetlands that would otherwise be precluded from development; (2) Up to a maximum of 5% is allowed for the development of pedestrian amenities, streetscape development, recreation areas, plazas,or other items from the "Planning Commission's Toolbox." d. Chapter 18.745, Landscaping and Screening. The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect, provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified. e. Chapter 18.765, Off-street Parking and Loading Requirements. The Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if: (1) The minimum number of parking spaces is not reduced by more than 10 percent of the required parking; and (2) The application is for a use designed for a specific purpose which is intended to be permanent in nature, e.g., a nursing home, and which has a low demand for off- street parking; or Page 9 of 15 September 8, 2006 • (3) There is an opportunity for sharing parking and there is written evidence that the property owners are willing to enter into a legal agreement; or (4) Public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses; or (5) There is a community interest in the preservation of particular natural features of the site which make it in the public interest to grant an exception to parking standards. f. Chapter 18.780, Signs. The Commission may grant an exception to the sign dimensional requirements in the applicable zone if: (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs; and (2) The exception is necessary for adequate identification of the use on the property; and (3) The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties. g. Chapter 18.795, Visual Clearance Areas. The Commission may grant an exception to the visual clearance requirements, when adequate sight distance is or can be met; h. Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks; and 18.810.060, Lots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an exception request. The Commission can only grant an exception to street sanctions if it is sanctioned by the City Engineer.. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: (1) Public safety will not be compromised; and (2) In the case of public streets, maintenance costs will not be greater than with a conforming design; and (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment. 4. In addition,the following criteria shall be met: a. Relationship to the natural and physical environment: (1) The streets, buildings and other site elements shall be designed and located to preserve the existing trees, topography and natural drainage to the greatest degree possible. The commission may require the applicant to demonstrate why a particular alternate site plan that may result in greater preservation of trees, Page 10 of 15 September 8, 2006 • • topography and natural drainage would either not be feasible or would result in a greater loss of those resources; (2) Structures located on the site shall not be in areas subject to ground slumping and sliding as demonstrated by the inclusion of a specific geotechnical evaluation; (3) Using the basic site analysis information from the concept plan submittal, the structures shall be oriented with consideration for the sun and wind directions, where possible; and b. Buffering, screening and compatibility between adjoining uses: (1) Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; (2) In addition to the requirements of the buffer matrix (Table 18.745.1), the requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same level of buffering and screening with alternate materials or methods. The following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745.: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust,or to provide a visual barrier; (b) The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s)from which buffering is needed; (d) The required density of the buffering; and (e) Whether the viewer is stationary or mobile. (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; (b) The direction from which it is needed; and (c) Whether the screening needs to be year- round. c. Privacy and noise: Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise; Page 11 of 15 September 8, 2006 • d. Exterior elevations — residential use: Along the vertical face of single-family attached and multiple- family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses, e.g., decks,patios, entrances, floor area, of a minimum depth of eight feet; (2) Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet;and (3) Offsets or breaks in roof elevations of three or more feet in height. e. Private outdoor area—residential use: (1) Exclusive of any other required open space facility,each ground-level residential dwelling unit shall have an outdoor private area(patio,terrace, or porch) of not less than 48 square feet with a minimum width dimension of four feet; (2)Wherever possible, private outdoor open spaces should be oriented toward the sun; and (3)Private outdoor spaces shall be screened or designed to provide privacy for the use of the space. f. Shared outdoor recreation and open space facility areas—residential use: (1) Exclusive of any other required open space facilities, each residential dwelling development shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a) Studio units up to and including two bedroom units, 200 square feet per unit; (b) Three or more bedroom units, 300 square feet per unit. (2) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (3) The required recreation space may be provided as follows: (a) Additional outdoor passive use open space facilities; (b) Additional outdoor active use open space facilities; (c) Indoor recreation center; or (d) A combination of the above. g. Demarcation of public, semi-public and private spaces for crime prevention: (1) The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and Page 12 of 15 September 8, 2006 • • (2) These areas may be defined by, but not limited to: (a) A deck, patio, low wall, hedge, or draping vine; (b) A trellis or arbor; (c) A change in elevation or grade; (d) A change in the texture of the path material; (e) Sign; or (f) Landscaping. h. Access and circulation: (I) The number of required access points for a development shall be provided in Chapter 18.705; (2) All circulation patterns within a development must be designed to accommodate emergency and service vehicles; and (3) Provisions shall be made for pedestrian and bicycle ways abutting and through a site if such facilities are shown on an adopted plan or terminate at the boundaries of the project site. i. Landscaping and open space: (1) Residential Development: In addition to the buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities, a minimum of 20 percent of the site shall be landscaped. This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan, prepared or approved by a licensed landscape architect, and surety for such landscape installation; j. Public transit: (I) Provisions for public transit may be required where the site abuts or is within a '''A mile of a public transit route. The required facilities shall be based on: (a) The location of other transit facilities in the area; and (b) The size and type of the proposed development. (2) The required facilities may include but are not necessarily limited to such facilities as: (a) A waiting shelter; (b)A turn-out area for loading and unloading; and (c) Hard surface paths connecting the development to the waiting area. Page 13 of 15 September 8, 2006 • • (3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement. k. Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter 18.765; (2) Up to 50% of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. 1. Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.810. An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets, porous concrete, or eco roofs. m. Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100- year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. n. Shared Open Space Facilities: Exclusive of any other required open space or buffer areas, the detailed development plan shall designate a minimum of 20% of the gross site area as an open space facility. The open space facility may be comprised of any combination of the following: (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands,streams, or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements) for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements) for active recreational use. (4)The open space area shall be shown on the final plan and recorded on the final plat or covenants. o. Open Space Conveyance. Where a proposed park, playground or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission Page 14 of 15 September 8, 2006 • • may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods: (1) Public Ownership. Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations. A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval. Dedications of open space may be eligible for Systems Development Charge credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below; (2) Private Ownership. By conveying title (including beneficial ownership) to a corporation, home association or other legal entity, and granting a conservation easement to the City in a form acceptable by the City. The terms of the conservation easement must include provisions for the following: (a) The continued use of such land for the intended purposes; (b) Continuity of property maintenance; (c) When appropriate,the availability of funds required for such maintenance; (d) Adequate insurance protection; and (e) Recovery for loss sustained by casualty and condemnation or otherwise. Page 15 of 15 September 8, 2006 • Attachment 3 MEMORANDUM TO: HBA GALA Tigard Development Code Subcommittee FROM: WRJ DATE: August 10, 2006 RE: Tigard Planned Development Code Revisions SUBJECT: Comments for discussion The City of Tigard is proposing a major revision of its Planned Development ("PD") Code. Staff has been working for the last few months with a group of citizens on the proposed new language and are now seeking your input. The City's first public hearing is scheduled for the Planning Commission on September 18, 2006. Comments on the proposed Code amendments should be sent to sean@tigard-or.us. - The changes include a revision of the Purpose Statement to emphasize the link between applying flexible standards and balancing impacts with amenities such as preserving open space and natural resources,the use of alternative and sustainable building designs, and other public purposes. The approval process was also revised to make a clearer distinction between the three sections of the approval process (1) Concept Plan; (2) Detailed Development Plan; and (3) Overlay Zone. Under the revised Code, new Concept Plans would need to address various new approval criteria, including: (1)provision of open space; (2)protecting natural resource areas; (3) integration of development into the existing neighborhood; (4) promotion of walkability/transit; (5) identification of the uses and arrangement of the site; and (6) demonstration that the planned development has significant advantages over standard development. The approval of a Detailed Development Plan was made a distinct step in the process and would need to address: (1) conformance to the Concept Plan; and(2) compliance with various Development Code chapters. The Overlay Zone is applied concurrently with the approval of the Detailed Development Plan. Concurrent applications can be made for the Concept Plan and the Detailed Development Plan, but the Planning Commission must take separate actions on each part. The overlay zone approval does not expire. In addition to the code amendments, non-code documents were developed to assist in the new Planned Development process. My Comments Here are some comments I have regarding the recently proposed revisions to PD Code: I:\LRPLN\Sean\Code a mendmems\PD\Memo to HBA re Tigard PD Code revs.doc —1— • • 1. Density may be able to be increased as an incentive for compliance with the new PD Code. 2. The Purposes section(Section 18.350.010) is revised to add greater detail to the purpose and, by implication, approval criteria, which may make the process more predictable. 3. The process implemented under the new PD Code appears to be voluntary (Section 18.350.020(A)), except in the cases of commercial or industrial projects, where it appears it may be implemented at the discretion of the approval authority. 4. The process is broken into three phases: PD Concept Plan; Detailed Development Plan; and PD Overlay Zone (Section 18.350.020(B)). Although all three can be submitted and approved at once, the new PD Code appears to encourage separate filing and approval dates to stress the different approval criteria applicable to each; approval of any one phases being directly dependent upon approval of the prior phases (Section 18.350.020(C)). 5. Detailed development plans are now subject to Type III review (Section 18.350.020(C)(2)). 6. The PD Concept Plan approval expires after 1.5 years unless an application for a Detailed Development Plan and/or a request for an extension is filed(Section 18.350.030(A)). Extensions are for one year(Section 18.350.030(C). However, in all cases, including phased developments, the total time for the process cannot exceed seven years (Section 18.350.030(D)). 7. The submission requirements for the PD Concept plan have been expanded upon and approval criteria have been added for each phase (Sections 18.350.040 et seq.). The approval criteria are quite detailed and may require consultations with and submissions from experts other than those typically considered—e.g., traffic and market needs analyses (see Section 18.350.050 et seq.). 8. As incentives for compliance with the new PD Code, the approving authority may grant access and egress exceptions; density bonuses; landscape requirement exceptions; off-street parking exceptions; signage exceptions visual clearance exceptions; buffer exceptions; as well as street and utility improvement exceptions, although this last one appears to be discouraged (Sections 18.350.070 et seq.). 9. The new PD Code also appears to require, at least to some extent, submission of alternative site plans and discussion of why such alternatives are not feasible (Section 18.3 50.070(A)(4)(a)). 10. Public transit improvements may be required no where the property is within one- quarter mile of a public transit route (Section 18.350.070(A)(4)(j)). 11. Alternative storm water conveyances can be proposed (Section 18.350.070(A)(4)(1)). 12. A minimum of 20 percent of the site must be dedicated to open spaces,the definition of which has been expanded (Section 18.350.070(A)(4)(n) et seq.). I.\LP.PLN\Sean\Code amendments\PDVvlemo to HBA re Tigard PD Code revs.doc -2- • • HBA sub-Committee Comments 1. This appears to be an optional thing, a developer can choose to leave the base zone in place and develop under the sections of the code that apply for that zone, so are the incentives in the PD code sufficient to entice a developer to want to use it? 2. Is there any minimum parcel size in order to utilize this code? 3. Two (or three) step process to get a PD overlay approved and then a project approved will add time to the overall process, but may add some certainty to it as well. 4. There are 3 different categories for open space 5. Does the staff make the determination that the development plan substantially complies with the concept plan? Is this a potential trouble spot? If it is the public that makes this determination, is this a potential opening to "re-hear"the concept plan? Is non-compliance a violation? What if the applicant simply cannot comply? 6. Regarding the extension provisions, what if phases are involved: If one starts the development process is he then entitled to take as long as he needs or wants to finish the project?? 7. The burden is on the applicant to demonstrate that the PD application brings "significant advantages" over a standard development. What does that really mean? 8. In the development plan section, the applicant is asked to provide a schedule of construction. What if something changes in that suggested schedule, does that become a violation? 9. Building height, setback and lot coverage flexibility are good, except for the perimeter stuff, but then they already have that requirement. However,the exception to the dimensional requirements should apply to the base zone requirements.Does this in any way trigger the requirement to demonstrate qualifications for a variance? 10. Requirement that the applicant demonstrate that some other alternate plan might not be better is concerning. How many nonstarter plans does one have to prepare? Can a planning commissioner or a third party submit a `plan' and does the applicant then need to demonstrate that that plan is not somehow `better'? 11. How does one deal with the building elevation criteria if he/she is just a developer selling lots? 12. Can a front porch be the designated private open space for a ground floor unit? 13. Does this public transit linkage permit the imposition of off-site improvements, where perhaps development under the base zone would not? I:\LRPLMSean\Code amendments\PD\Memo to HBA re Tigard PD Code revs doc -3- • • Attachment 4 REQUEST FOR COMMENTS DCA2006-00003 Planned Development Code Amendment Prepared by: Denver Igarta I thought I'd provide my comments in writing even though we'll discuss this further in person. 060.C. (pg. 12) 1. Lot dimensional standards: where are standards for lot depth found. Sections 18.510-18.530 include min. lot widths for some zoning designations...but I don't see the same for depths. (FYI — sensitive lands section allows for 50% adjustment within or adjacent to the vegetated corridor) 2. Site coverage: this states the standard but not the modification. Is the standard simply waived? 3. Building height: what's meant by setbacks 11/2 times the height? (FYI — sensitive lands section allows for 50% adjustment within or adjacent to the vegetated corridor) 070.A. 3.c. (pg. 14) Density computation: (FYI —tree removal section allows for 1% bonus for every 2% canopy cover preserved...up to 20%) 4.a. (vg. 16) Relationship to natural and physical environment: should "open space"be added (explicitly) to "streets, buildings and other site elements" being designed and located? 4.b. (pg. 16) Buffering: Could preserved vegetation be counted/considered towards meeting required landscaping? 4. . (pg. 17) Shared outdoor recreation areas: Could preserved vegetation with trails be counted/considered towards meeting required shared outdoor recreation space? Duane may have give some input based on park needs. 4.i. (pg. 18) Landscaping and open space: can the requirements be met by preserving existing vegetation? 4.m. (pg. 19) Floodplain dedication: CWS has a standard for locating pathways within the vegetated corridor. Would it make sense to state this explicitly. Ask Duane for input. 4.n. (pg. 19) Shared open space: the requirements appear to favor active and passive uses over "minimal" use. Is this correct...if so, why? Would this encourage removal of existing vegetation to be replaced by park space? NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOURECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, SEPTEMBER 18, 2006 AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, OCTOBER 10, 2006 AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2006-00003 FILE TITLE: PLANNED DEVELOPMENT CODE AMENDMENT APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 REQUEST: The applicant is requesting approval of a Development Code Amendment to change the procedures and approval criteria for Planned Developments (Chapter 18.350) and add Definitions in Chapter 18.120. The proposed changes to Chapter 18.350 include a new purpose statement, and a new approval process and approval criteria. Related definitions of density bonus" "landscaping", and open space facility' would be added to the Definitions Chapter (18.120). The complete text of the proposed Code Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_amendments. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.350, 18.380 and 18.390; Comprehensive Plan Policies 1 ,2, 3 and 6 and Statewide Planning Goals 1.and 2. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. • • PUBLIC ORAL OR WRI'1'1EN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRI'1'Ii N TESTIMONY ON THIS PROPOSED AC1ION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRI'1'1EN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSIONS REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN(7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER SEAN FARRELLY AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO sean@ci.tigard.or.us. Sean Farrelly-Tigard Public Hearing Notice Page 1 •- From: Sean Farrelly To: aland @roundstoneproperties.com; cbrown @legendhomes.com; erniep @hbapdx.org; fangelo @angeloplanning.com; fourdconst @msn.com; fred.gast @polygonhomes.com; gregk @kurahashi.com; jljones @centexhomes.com; jmp @alphacommunity.com; jse @lanpacific.com; jswestland @aol.com; Ileighton @westlakeconsultants.com; Ischelsky @westlakeconsultants.com; meven @millhomes.net; phil.grillo @millernash.com; ryan@ldcdesign.com; tkinney @westhillsdevelopment.com; wjoseph @mis-law.com Date: 8/30/2006 8:28:32 AM Subject: Tigard Public Hearing Notice Dear Interested Party, Attached is a copy of the notice for the Planned Development Code amendment public hearing with the Tigard Planning Commission. It will be held: September 18, 2006 7:00 Tigard Town Hall 13125 SW Hall Boulevard Tigard, OR 97223 Thanks, Sean Sean Farrelly Associate Long Range Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 503-718-2420 CC: Dick Bewersdorff Sean Farrelly- Proposed PD clean copy Page 1 • • From: Sean Farrelly To: Ernie Platt Date: 8/16/2006 3:52:34 PM Subject: Proposed PD clean copy Ernie, Craig, and William: • Attached is the clean copy. Thanks, Sean Sean Farrelly Associate Long Range Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 503-718-2420 CC: cbrown @legendhomes.com, WJoseph @mis-law.com • • 11111 II MEMORANDUM TIGARD TO: File FROM: Sean Farrelly RE: PD Notice (DCA 2006-00003) DATE: July 27, 2006 The opinion of the City Attorney is that the proposed Planned Developed Code amendment does not require Measure 56 notice since it would not restrict any uses permitted under old ' regulations (the PD process is voluntary.) However, there are a number of properties in the City with a PD designation that are on the 2005 Buildable Lands Inventory. These properties may have received the designation as the result of a previous application that was approved, but never built. Properties in these cases retain the PD designation on the Zoning Map. If these property owners decide to develop after the proposed amendments are enacted they would be subject to the new code. For this reason, notice was sent to the potentially impacted property owners. The list of owners to be notified was determined by sorting properties with the PD designation that are on the Buildbale Lands Inventory. The list was cleaned, removing properties with no owners listed (these properties were usually open space parcels in Planned Developments that were built.) The remaining owners will be sent notice. Sean Farrelly- Re: Two questions Page 1 • From: "Gary Firestone" <garyf @rcclawyers.com> To: <Sean @tigard-or.gov> Date: 7/24/2006 10:04:22 AM Subject: Re: Two questions Sean: I had a nice vacation, thanks. My answers to your questions are set forth below. Gary This message originates from the law firm of Ramis Crew Corrigan, LLP. This e-mail message and all attachments may contain legally privileged and confidential information intended solely for the use of the addressee. If you are not the intended recipient, you should immediately stop reading this message and delete it from your system. Any unauthorized reading, distribution, copying, or other use of this message or its attachments is strictly prohibited. All personal messages express solely the sender's views and not those of Ramis, Crew, Corrigan, LLP. This message may not be copied or distributed without this disclaimer. If you received this message in error, please notify us immediately at (503) 222-4402 or reply to the e-mail address above. >>> "Sean Farrelly" <Sean @tigard-or.gov> 07/24/06 09:47AM >>> Hi Gary, Hope you had a good vacation. I have a couple of issues for you. 1) Planned Development code amendment notice. We got the go ahead from Council to start the process. You previously gave the opinion that Measure 56 wouldn't come into play because the Planned Development process is voluntary and it doesn't restrict uses. However, I just realized there are a handful of undeveloped properties that currently have a PD designation on the zoning map (mostly from having gone through the process, but not building. )Would these property owners require special notification? This is a more difficult question, but essentially the question is whether there is anything that they will not be able to do with their property after the amendments become effective that they could do now. If the answer is yes, then the City must provide Measure 56 notice. If the answer is no, then I don't think notice is required. 2) Downtown Interim requirements. We're getting ready to start looking into revising the code downtown. We figure it'll be a one year process (at least.) We've been wondering if there is any action we can take in the meantime in case new downtown applications come in. You could adopt some type of quick amendment, but it must be in the code to be enforceable. The Code currently has Interim CBD requirements 18.520.060.6.1. We're wondering if this line has any teeth: 18.520.060.B.1.a.(3)(b) Siting and orientation of land use which considers surrounding land use, or an adopted plan. (Sean Farrelly- ReT Two questions • Page 2 -Since the Urban Renewal Plan was adopted by the voters, could we require applicants to address how their development would fit into the plan? It is not clear whether"adopted plan" means a planned development plan, a land use plan, or any other type of plan. An urban renewal plan is probably not a land use plan. Also, to what extent does the urban renewal plan provide standards or even guidelines for private development? My recollection was that it did not. -What would it actually require an applicant to do? Provide a narrative addressing how the application considers surrounding land uses and any adopted plans. What could we do if the application didn't address it?(if anything) The way the introductory language is written, it appears that the City could only impose conditions. Thanks, Sean Sean Farrelly Associate Long Range Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 503-718-2420 Sean Farrelly-Tigard Planned Development Code Revisions Page 1 O • From: Sean Farrelly To: aland @roundstoneproperties.com; cbrown @legendhomes.com; erniep @hbapdx.org; fangelo @angeloplanning.com; fourdconst @msn.com; fred.gast @polygonhomes.com; gregk @kurahashi.com; jijones @centexhomes.com; jmp @alphacommunity.com; jse @lanpacific.com; jswestland @aol.com; Ileighton @westlakeconsultants.com; Ischelsky @westlakeconsultants.com; meven @millhomes.net; phil.grillo @millernash.com; ryan @Idcdsign.com; tkinney @westhillsdevelopment.com; wjoseph @mis-law.com Date: 7/24/2006 9:53:15 AM Subject: Tigard Planned Development Code Revisions Dear Interested Party: The City of Tigard is proposing a major revision of its Planned Development Code. Staff and a group of citizens worked for several months on the proposed language. The City's first public hearing is scheduled for the Planning Commission on September 18, 2006. The City is requesting comments on the proposed code amendments from consultants and developers. Please review the attached proposed changes and send any comments to me at sean a(�tigard-or.us by August 28th. Here is a summary of the changes: 1. New Purpose Statement The purpose statement was completely rewritten to emphasize the link between applying flexible standards and balancing impacts with amenities such as preserving open space and natural resources, the use of alternative and sustainable building designs, and other public purposes. 2. Revised Approval Process The revisions make a clearer distinction between the three sections of the approval process: • Concept Plan • Detailed Development Plan • Overlay Zone The Overlay Zone is applied concurrently with the approval of the Detailed Development Plan. Concurrent applications can be made for the Concept Plan and the Detailed Development Plan, but the Planning Commission must take separate actions on each part. A. Concept Plan: New Concept Plans would require addressing these new approval criteria: • Provision of open space • Protecting natural resource areas • Integration of development into the existing neighborhood • Promotion of walkability/transit • Identification of the uses and arrangement of the site • Demonstration that the planned development has significant advantages over standard development(i.e. protects natural features and provides additional amenities for the development/neighborhood.) B. Detailed Development Plan: The approval of a Detailed Plan was made a distinct step in the process. The Detailed Development Plan would require addressing the following approval criteria: • Conformance to the Concept Plan. • Compliance with various Development Code chapters. Up to a 10% density bonus is allowed. A 1% density bonus for each 5% of the gross site area set aside in open space, and up to 5% for other Sean Farrelly-Tigard Planned Developmitode Revisions Page 21 amenities, including items from the Planning Commissioners Toolbox. •Additional criteria, including a mandatory shared open space requirement(20%of the gross site area.) C. Overlay Zone: The Overlay Zone is applied concurrently with the approval of the Detailed Development Plan. The overlay zone approval does not expire. In addition to the code amendments, the review group also came up with non-code documents to assist in the new Planned Development process: •A"Toolbox"which has examples of a packet with requirements of the process as well as illustrations and case studies of preferred developments around the country. The Toolbox, which will be distributed at the pre-app, is intended to be used as a guide for developers, and as a reference for the Planning Commission, during Planned Development hearings. • In addition to the Planning Commissioners Toolbox, Staff will distribute examples of high quality materials (clear site plans and explanations) that have been used by developers at neighborhood meetings. The pre-app checklist will include a statement that if there are significant changes in the plans submitted at the neighborhood meeting, they will have to re-notice. Thanks, Sean Sean Farrelly Associate Long Range Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 503-718-2420 CC: Dick Bewersdorff; Tom Coffee • • 1 Notice of Proposed Amendment Q THIS FORM MUST BE RECEIVED BY DLCD 45 DAYS PRIOR TO THE FIRST EVIDENTIARY HEARING CD 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: DCA 2006-00003 Date First Evidentiary hearing: 9/18/2006 Date of Final Hearing: Date this Notice of Proposed Amendment was mailed to DLCD: b/ /6Zio Is this a REVISED Proposal previously submitted to DLCD? OYES NO Date Submitted: ❑ 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 Planned Developments Section of the Development Code (Chapter 18.350.) The proposed changes include a new purpose statement, and a new approval process and approval criteria. Related definitions of "density bonus", "landscaping", and "open space facility" would be added to the Definitions Chapter (18.120). 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 ® 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: seas @tigard-or.gov DLCD File No.: 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. • • • • U.S. Postal ServicelM CERTIFIED MAILTM RECEIPT IN- (Domestic Mail Only;No Insurance Coverage Provided) N For delivery information visit our website at www.usps.come m , IFFPCUAL USE Postage Ira pp, Ili .R Certified Fee `. Posht'c LI �0 O Return Reclept Fee Her I ' (Endorsement Required) SJ O •<l, Restricted Delivery Fee M .��`� —Li (Endorsement Required) cy Za0E `,/ Total Postage&Fees P� m _ o sentroiATTN: PLAN AMENDMENT SPECIALIST N 'sieeo,Oregon Dept. of Land Conservation &Devel°--- vrPO9 635 Capital Street NE, Suite 150 city,sri Salem, OR 97301-2540 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. ignat / I item 4 if Restricted Delivery is desired. liKgent 7 • Print your._name and address on the reverse ►�/ i ❑Addresse8 so that we can return the card to you. C. Date Delivery • Attach this card to the back of the mailpiece, . or on the front if space permits. [, r O ! 1. Article Addressed to: D. Is delivery ad•ress different from item 1? ❑Yes If YES,enter delivery address below: ❑No � I ATTN: PLAN AMENDMENT SPECIALIST Oregon Dept. of Land Conservation & Devel 635 Capital Street NE, Suite 150 3. Service Type Salem, OR 97301-2540 XCertified Mail ❑ Express Mail ❑Registered ❑ Retum Receipt for Merchandise ❑Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number I 7003 2260 0001 6391 7795 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540_� • • City of Tigard DCA 2006-00003 Proposed Planned Development Code Revisions July 2006 Explanation of Formatting These text amendments employ the following formatting: Pik eugh— For text to be deleted [Bold and Italic]— For text to be added Chapter 18.120 DEFINITIONS [55. "Density bonus"—Additional dwelling units that can be earned as an incentive for providing undeveloped open space, landscaping, or tree canopy as defined further in this code.] [87. "Landscaping"—Areas primarily devoted to plantings, trees, shrubs, lawn and other organic ground cover together with other natural or artificial supplements such as water courses, ponds,fountains, decorative lighting, benches, bridges, rock or stone arrangements,pathways, sculptures, trellises and screens.] [104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned: a. Minimal Use Facilities.Areas reserved for low-impact recreation, limited to soft surface trails which are minimally maintained. No other improvements (apart from underground utilities) are allowed. b. Passive Use Facilities.Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways,pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains,picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access shall be provided where site considerations permit. c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater degree of site development and/or ground disturbance;such as sports fields,playground equipment,group picnic shelters, swimming pools, hard and soft surface pathways, restrooms, and similar facilities.] [Renumber definitions after#55 according to the above amendments] Page 1 of 21 July 20, 2006 • Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 The Process 18.350.030 Administrative Provisions • I I 1 8030[18.350.040]Conceptu Development Plan Submission Requirements [18.350.050 Concept Plan Approval Criteria] [18.350.060 Detailed Development Plan Submission Requirements] [18.350.070 Detailed Development Plan Approval Criteria] 18.350.100 App.-oval Criteria 18.350.110 Shared Open Spa°e 18.350.010 Purpose A. Purpose. The purposes of the planned development overlay zone are: 4- 2 spac-eand-utilities; 4 particular site; and [1. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; and] [2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and] Page 2 of 21 July 20, 2006 • • • • [3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and] [4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis,presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; and] [5. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the City; and] [6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials.] 18.350.020 The Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. [An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project, an approval authority may apply the provisions of this chapter as a condition of approving any application for the development.] B. Elements of approval process. There are three elements to the planned development approval process, as follows: [1. The approval of the planned development concept plan; and 2. The approval of the detailed development plan. 3. The approval of the planned development overlay zone.] C. Decision-making process. • -- . . . - .. - - . - . - . . _. - . . . . • .. [1. The concept plan shall be processed by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050.] Page 3 of 21 July 20, 2006 [2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as governed by 18.390.050, to ensure that it is substantially in compliance with the approved concept plan.] [3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan.] [4.Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval.All applicants are advised that the purpose of separating these applications is to provide them clear direction in developing the detailed plans. Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone.] [5. In the case of an existing planned development overlay zone, once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application.] [6. If the application involves subdivision of land, the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan.] -. . -. . - • . • . . • . . - - . - . -. ....:A a.... -. . . .. -. . . . .. eeneuffent [D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development application (Le. the concept approval must precede the detailed development approval); however each required action may be made at the same hearing.] 18.350.030 Administrative Provisions [A. Time limit on filing of detailed development plan. The concept plan approval expires after 1-1/2 years unless an application for detailed development plan and, if applicable, a preliminary plat approval or request for extension is filed Action on the detailed development plan shall be taken by the Planning Commission by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria in 18.350.070.] A.[B.] Zoning map designation. ' - - • . • - - - . . ••- . - - • . . - [The planned development overlay zone application shall be concurrently approved if the Page 4 of 21 July 20, 2006 • • detailed development plan is approved by the Planning Commission.]The zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. B. Time limit on filing of detailed development 4an. Within 1 1/2 years after the date of .. • .• .. _. GS 11. E • _ • Z " "• .. Y. ..• c. The change involves a change in use;• • - - . . . -•- _ . . . . - - - . . .. . , .• - -- I C. Extension. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1. No changes have been made on the original conceptua4 development plan as approved by the Commission; 2. The applicant can show intent of applying for detailed development plan[or preliminary plat] review within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance. provisions on which the approval was based. D. Phased development. 1. The Commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for conceptual development plan review. 2. The criteria for approving a phased detail development plan proposal are that: Page 5 of 21 July 20, 2006 • • a. The public facilities shall be constructed in conjunction with or prior to each phase; and b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. E. Substantial modifications to conceptual plan. [If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required.] _ - • •. •• -• • • - - • •• - _ • [F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter.] [G. Issuance of occupancy permits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued. However, when the Director determines that immediate execution of any feature of an approved detailed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary condition, the Director shall, as a precondition of the issuance of a required permit, require the posting of a performance bond or other surety to secure execution of the feature at a time certain not to exceed one year.] vielatien-ef-this-ehapter,• , . . •- - . - •. , - -- • - • •- . - • -. - - ! - - • . , . . i.! i . . . • . . •- . . .. . . . . . . _. . A. By election. An applicant for a commercial or industrial project may elect to develop the Page 6 of 21 July 20, 2006 • • • •- . • a .. a ; 4 6 • _ . .. - - _ . . _ . the zone; Community k,ilding; tennis n ....r n mil n e; - • . • • - - . • • •. o . . s outfi ght-use-: - Ii _ . . • . . s • . . • mss: - - .. - . . -, - . : . : . •. 3 - • . • - -. - - . . - - - •. ; 3 .• : .: . "• _ . .• ; : - - . . . . • • • facing a street. Page 7 of 21 July 20, 2006 r • . .. .. - di ea b,,this chapter ! ! , ! _ , •, . . _ , . ! • • , . en-findings-that: 4 B. Exceptions to sign requirements. The Commission may grant an exception to the sign 2 �o• - - - - - .- . . 500 118.350.040]Conceptual Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type.IllB [-PC] procedure, as governed by Section 18.390.050 [and the additional information required by 18.350.040.B.J In addition, the applicant shall submit the following: 1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include: [a.]A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. [b. An explanation of the architectural style, and what innovative site planning principles are utilized including any innovations in building techniques that will be employed] [c.An explanation of how the proposal relates to the purposes of the Planned Development Page 8 of 21 July 20, 2006 • • Chapter as expressed in 18.350.010.] [d.An explanation of how the proposal utilized the Planning Commissioner's Toolbox.] 2. A[general]development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development.[In the case where a residential subdivision is proposed, the statement shall include the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders.] f the Director B. Additional information. In addition to the general information described in Subsection A above, the conceptual plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: 1. Existing site conditions; 2. A site concept [including the types of proposed land uses and structures, including housing types, and their general arrangement on the site]; 3. A grading concept; 4. A landscape concept[indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); [5. Parking concept;] . 3. [6.]A sign concept; and [7.A streets and utility concept; and] [8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable.] [C Allowable Uses! 1. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c. The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; Page 9 of 21 July 20, 2006 • • c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; f. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with, but clearly incidental to, the residential uses permitted in the zone[such as personal services,preschool or daycare, and retail uses less than 5,000 square feet in sum total]; g. Community building; h. Indoor recreation facility; athletic club, fitness center, racquetball court, swimming pool, tennis court or similar use; i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and j. Recreational vehicle storage area. 2. In commercial zones. In all commercial zones, an applicant with a planned development approval may develop the site to contain all of the uses permitted outright in the underlying zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi- family dwellings in those commercial zones that do not list multi-family dwellings as an outright use. 3. In industrial zones. In all industrial zones, a planned development shall contain only those uses allowed outright in the underlying zoning district. [18.350.050 Concept Plan Approval Criteria] [A. The concept plan may be approved by the Commission only if all of the following criteria are met: 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their maximized protection,preservation, and/or management. 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting.walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops,etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. Page 10 of 21 July 20, 2006 • •. 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone ,in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance_ the development project or the neighborhood.] [18.350.060 Detailed Development Plan Submission Requirements] [A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.B and the approval criteria under 13.350.070.] [B. Additional Information. In addition to the general information described in Subsection A above, the detailed development plan, data, and narrative shall include the following information: 1. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in grade, along drainage channels or swales, and at selected points, as needed 2. A specific development schedule indicating the approximate dates of construction activity, including demolition, tree protection installation, tree removal,ground breaking,grading,public improvements, and building construction for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. 4. Moderate to High Density Development Analysis. If proposing development in an area within a Metro designated town or regional center, the following additional information may be required: a. Air movement: Prevailing breezes characteristic of a region may be greatly modified by urban high-rise structures. Predominant air movement patterns in a city may be along roadways and between buildings. The placement, shape, and height of existing buildings can create air turbulence caused by micro air movement patterns. These patterns may influence the location of building elements such as outdoor areas and balconies. Also a building's design and placement can mitigate or increase local wind turbulence. b. Sun and shadow patterns: The sun and shadow patterns of existing structures should be studied to determine how they would affect the proposed building. This is particularly important for outdoor terraces and balconies where sunlight may be desirable. Sun and shadow patterns also should be considered as sources of internal heat gain or loss. Building orientation, window sizes and shading devices can modem internal heat gain or loss. Studies should include daily and seasonal patterns and the shadows the proposed building would cast on existing buildings and open spaces. c. Reflections:Reflections from adjacent structures such as glass-clad buildings may be a problem. The development should be designed to compensate for such glare or if possible, oriented away from it.] • [C. Compliance with specific development standards. The Detailed Development Plan shall show Page 11 of 21 July 20, 2006 • • compliance with base zone provisions, with the following modifications: 1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; 3. Building height: In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2.times the height of the building. • 4. Structure setback provisions: a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; (2) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. (3) A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The applicant may propose, or the commission may require, actual structure footprints to be shown and adhered to. 5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter.] 114350400[18.350.070 Detailed Development Plan]Approval Criteria [A. Detailed Development Plan Approval Criteria.A detailed development plan may be approved only if all the following criteria are met: 1. The detailed plan is generally consistent with the concept plan.Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: Page 12 of 21 July 20, 2006 • • a. The change increases the residential densities, increases the lot coverage by buildings or reduces the amount of parking; b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; d. The change commits land to development which is environmentally sensitive or subject to a potential hazard; and e. The change involves a major shift in the location of buildings,proposed streets,parking lots, landscaping or other site improvements.] •• . - - Y.. . . . . . : , . - . . . •-. - . . - • .. I - - .• -. . . . . . . . . ate: - -1- [2.]All the provisions of the land division provisions, Chapters 18.410, 18.420[Partitions] and 18.430[Subdivisions], shall be met[if applicable]; 2. [3.]Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this [chapter] section. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed in Subsection 3 below. [The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested] [a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same type of issues as the Site Development Review.] [b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety Page 13 of 21 July 20, 2006 • • considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site (vehicles, bicycles,pedestrians, and transit).] —a [c.]Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, [using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission.] The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/ or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1) [A 1% bonus for each 5% of the gross site area set aside in open space, up to a maximum of 5%,] " maximum of 3% is allowed for the provision of[active use recreational open space] , exclusive of areas contained in floodplain,[steep]slopes greater than 25 %, drainageways, or wetlands that would otherwise be precluded from development; (2) [Up to a maximum of 5% is allowed for the development of pedestrian amenities, streetscape development, recreation areas, plazas, or other items from the "Planning Commission's Toolbox."' •• . °. . . . . . . •_, - . . . - -. ; - . . .• • - . - 0. • • . . . . :. • ; . . . • • of—housing—types, [d] Chapter 18.745, Landscaping and Screening. [The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect,provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified.] [e.J Chapter 18.765, Off-street Parking and Loading Requirements. [The Commission may . grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if: Page 14 of 21 July 20, 2006 • • (1) The minimum number of parking spaces is not reduced by more than 10 percent of the required parking; and (2) The application is for a use designed for a specific purpose which is intended to be permanent in nature, e.g., a nursing home, and which has a low demand for off-street parking; or (3) There is an opportunity for sharing parking and there is written evidence that the property owners are willing to enter into a legal agreement; or (4) Public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses; or (5) There is a community interest in the preservation of particular natural features of the site which make it in the public interest to grant an .exception to parking standards.] [1] Chapter 18.780, Signs. [The Commission may grant an exception to the sign dimensional requirements in the applicable zone if: (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs; and (2) The exception is necessary adequate identification of the use on the property; and (3) The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties.] [g.] Chapter 18.795,Visual Clearance Areas. [The Commission may grant an exception to the visual clearance requirements, when adequate sight distance is or can be met;] [h.] Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks; and 18.810.060, Lots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an exception request. The Commission can only grant an exception to street sanctions if it is sanctioned by the City Engineer. The City Engineer may determine that certain exceptions to • the street and utility standards are permissible when it can be shown that: (1) Public safety will not be compromised; and (2) In the case of public streets, maintenance costs will not be greater than with a conforming design; and Page 15 of 21 July 20, 2006 • • (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment.] . !, - •- .. c. Chapter 18.795, Visual Clearance Areas; g. Chapter 18.780, Signs. 3,-[4.] In addition, the following criteria shall be met: a. Relationship to the natural and physical environment: (1) The streets, buildings and other site elements shall be designed and located to preserve the existing trees, topography and natural drainage to the greatest degree possible. [The commission may require the applicant to demonstrate why a particular alternate site plan that may result in greater preservation of trees, topography and natural drainage would either not be feasible or would result in a greater loss of those resources;] (2) Structures located on the site shall not be in areas subject to ground slumping and sliding[as demonstrated by the inclusion of a specific geotechnical evaluation;] fife-preteetient (4) [(3) Using the basic site analysis information from the concept plan submittal,]the structures shall be oriented with consideration for the sun and wind directions, where possible; and b. Buffering, screening and compatibility between adjoining uses: (1) Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; (2) In addition to the requirements of the buffer matrix(Table 18.745.1),[the requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same level of buffering and screening with alternate materials or methods.]The following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (b) The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s) from which buffering is needed; (d) The required density of the buffering; and (e) Whether the viewer is stationary or mobile. Page 16 of 21 July 20, 2006 • • (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; (b)The direction from which it is needed; and (c) Whether the screening needs to be year-round. c. Privacy and noise: Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner,to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise; [d. Exterior elevations.—residential use:Along the vertical face of single-family attached and multiple family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses, e.g., decks,patios, entrances,floor area, of a minimum depth of eight feet; (2) Extensions, e.g., decks,patios, entrances,floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and (3) Offsets or breaks in roof elevations of three or more feet in height.] d.[e.]Private outdoor area[residential) multi-family use: (1) - . . .• . . . .. - -- - - . . . .. . . ,[Exclusive of any other required open space facility,] each ground-level residential dwelling unit shall have an outdoor private area (patio, terrace,[or]porch) of not less than 48 square feet[with a minimum width dimension of four feet;] (2) Wherever possible, private outdoor open spaces should be oriented toward the sun; and (3) Private outdoor spaces shall be screened or designed to provide privacy for the use of the space. e.[f.]Shared outdoor recreation areas—[residential] use: (1) • .: : : _ . . . . - - [Exclusive of any other required open space facilities,]each [residential] development shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a) Studio units up to and including two bedroom units, 200 square feet per unit; and (b) Three or more bedroom units, 300 square feet per unit. (2)Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and.safety; (3)The required recreation space may be provided as follows: Page 17 of 21 July 20, 2006 • • . • .. _. - - . .. . ; . . . , • -. . . • . • .. . .. . .. -, . .. . - -- ', • • - .. --• - • - . ,.- [(a) Additional outdoor passive use open space facilities; (b) Additional outdoor active use open space facilities; (c) Indoor recreation center; or (d) A combination of the above.] [g. Demarcation of public, semi-public and private spaces for crime prevention: (1) The structures and site improvements shall be designed so that public,areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and (2) These areas may be defined by, but not limited to: (a) 'A deck,patio, low wall, hedge, or draping vine; (b) A trellis or arbor; (c) A change in elevation or grade; (d) A change in the texture of the path material; (e) Sign; or (f) Landscaping.] €[h.]Access and circulation: (1) The number of[required] allowed access points for a development shall be provided in Chapter 18.705; (2) All circulation patterns within a development must be designed to accommodate emergency[and service]vehicles; and (3) Provisions shall be made for pedestrian and bicycle ways[abutting and through a site]if such facilities are shown on an adopted plan for terminate at the boundaries of the project site.] g.[L]Landscaping and open space: (1) Residential Development: In addition to the [buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities,] . .' - - - . . A - . . - •. -, a minimum of 20 percent of the site shall be landscaped.[This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan,prepared or approved by a licensed landscape architect, and surety for such landscape installation;] landscaped; and Page 18 of 21 July 20, 2006 • • # [j.]Public transit: (1)Provisions for public transit may be required where the site abuts for is within a '/e mile of]a public transit route. The required facilities shall be based on: (a) The location of other transit facilities in the area; and (b) The size and type of the proposed development (2) The required facilities[may include but are not necessarily limited to]shall-be-limited to such facilities as: (a).A waiting shelter; (b)A turn-out area for loading and unloading; and (c)Hard surface paths connecting the development to the waiting area. [(3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement.] Signs: [k.]Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter Chapter 18.765; (2) Up to 50%of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. le [LJDrainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter[18.810.] _ • - '. - - . . .. . • : . - [An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets,porous concrete,or eco roofs.] 1:[m.JFloodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. [n.] 18.350.110 Shared Open Space[Facilities: Exclusive of any other required open space or buffer areas, the detailed development plan shall designate a minimum of 20% of the gross site area as an open space facility. The open space facility may be comprised of any combination of the following: Page 19 of 21 July 20, 2006 • • (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands, streams,or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for active recreational use. (4)The open space area shall be shown on the final plan and recorded on the final plat or covenants.] [o. Open Space Conveyance. Where a proposed park,playground or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use,provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods:] 4- _ - • . . _ _ • . . . . _ - - _ - • -. . , - ; -• [(1) Public Ownership.] 3 - - • •- - - • • • • • - - • _ • • -• open space. Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations [A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval Dedications of open space may be eligible for Systems Development Charge credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below;] --13:'[(2) Private Ownership.] By casing-or conveying title (including beneficial ownership) to a'corporation, home association or other legal entity,[and granting a conservation easement to the City in a form acceptable by the. City. The terms of the conservation easement must include provisions for the following:] Page 20 of 21 July 20, 2006 • • (I) (a) The continued use of such land for the intended purposes; (2 (b)Continuity of property maintenance; ( (c) When appropriate, the availability of funds required for such maintenance; (4) (d) Adequate insurance protection; and (-5-) (e) Recovery for loss sustained by casualty and condemnation or otherwise. Page 21 of 21 July 20, 2006 EUasT Ccv &vrs • • ✓ HBA Home Builders Association of Metropolitan Portland • October 4, 2006 - Mayor Craig Dirksen City Councilors City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: DCA 2006-00003 Proposed Planned Development Code Amendments Dear Mayor Dirksen and Councilors: Thank you on behalf of the 1400 + member firms of the Home Builders Association of Metro Portland for the opportunity to submit these comments on the proposed amendments to the City Development Code. On balance, the revisions as proposed are rather benign and will not likely cause a major change in the application process for planned developments. As their September 18 meeting, the Planning Commission received comments from interested citizens, including myself, and has recommended to you for approval a document that embodies several suggested additions/changes that came about during that meeting. I concur in all of the suggested additions/changes, and urge the Council to approve the document as recommended by the Planning Commission. Thank you for the opportunity to comment on the proposed amendments. _ Sincerel / _ ie Platt Director of Local Government Affairs 15555 SW Bangy Road • Suite 301 • Lake Oswego, Oregon 97035 Phone: 503.684.1880 • Fax: 503.684.0588 • www.homebuildersportland.org • Striving for Affordability,Balance and Choice • REQUEST FOR COMMENTS DCA2006-00003 Planned Development Code Amendment Prepared by: Denver Igarta I thought I'd provide my comments in writing even though we'll discuss this further in person. 060.C. (pg. 12) 1. Lot dimensional standards: where are standards for lot depth found. Sections 18.510-18.530 include min. lot widths for some zoning designations...but I don't see the same for depths. (FYI —sensitive lands section allows for 50% adjustment within or adjacent to the vegetated corridor) 2. Site coverage: this states the standard but not the modification. Is the standard simply waived? 3. Building height: what's meant by setbacks 1 1/2 times the height? (FYI— sensitive lands section allows for 50% adjustment within or adjacent to the vegetated corridor) 070.A. 3.c. (pg. 14) Density computation: (FYI—tree removal section allows for 1% bonus for every 2% canopy cover preserved...up to 20%) 4.a. (pg. 16) Relationship to natural and physical environment: should "open space" be added (explicitly)to "streets, buildings and other site elements" being designed and located? 4.b. (pg. 16) Buffering: Could preserved vegetation be counted/considered towards meeting required landscaping? 4f (pg. 17) Shared outdoor recreation areas: Could preserved vegetation with trails be counted/considered towards meeting required shared outdoor recreation space? Duane may have give some input based on park needs. 4.i. (pg. 18) Landscaping and open space: can the requirements be met by preserving existing vegetation? 4.m. (pg. 19) Floodplain dedication: CWS has a standard for locating pathways within the vegetated corridor. Would it make sense to state this explicitly. Ask Duane for input. 4.n. (pg. 19) Shared open space: the requirements appear to favor active and passive uses over "minimal"use. Is this correct...if so, why? Would this encourage removal of existing vegetation to be replaced by park space? REQUEST FOR COMMENTS 4Il©ARD DATE: August 2,2006 TO: Barbara Shields,Long Range Planning Manager 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 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00003 > PLANNED DEVELOPMENT CODE AMENDMENT.< REQUEST: The applicant is requesting approval of a Development Code Amendment to change the procedures and approval criteria for Planned Developments (Chapter 18.350) and add Definitions in Chapter 18.120. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA:Community Development Code Chapters 18.120, 18.350 and 18.390;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: AUGUST 16, 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: D2rre- cern n_t.v'c3 Name&Number of Person Commenting: • r • 7REQUEST FOR COMENT S 4DC�3ARD M DATE: August 2,2006 TO: Matt Stine,Urban Forester/Public Works Annex 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 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00003 > PLANNED DEVELOPMENT CODE AMENDMENT< REQUEST: The applicant is requesting approval of a Development Code Amendment to change the procedures and approval criteria for Planned Developments (Chapter 18.350) and add Definitions in Chapter 18.120. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA:Community Development Code Chapters 18.120, 18.350 and 18.390;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; AUGUST 16, 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: M C (� / ���/O c I,I RE QUE ST FOR COMENTS ` M '4Il©ARD DATE: August 2,2006 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: seanatigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2006-00003 > PLANNED DEVELOPMENT CODE AMENDMENT.< REQUEST: The applicant is requesting approval of a Development Code Amendment to change the procedures and approval criteria for Planned Developments (Chapter 18.350) and add Definitions in Chapter 18.120,. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA:Community Development Code Chapters 18.120, 18.350 and 18.390; 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: AUGUST 16, 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: VWe 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: IT6 � 1 Name&Number of Person Commenting: )r S o 2c&) g • • Er REQUEST FOR COMMENTS MOARD DATE: August 2,2006 TO: Brian Blalock,Commercial Plans Examiner and Mark Vandomelen,Residential Plans Examiner 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 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00003 > PLANNED DEVELOPMENT CODE AMENDMENT< REQUEST: The applicant is requesting approval of a Development Code Amendment to change the procedures and approval criteria for Planned Developments (Chapter 18.350) and add Definitions in Chapter 18.120. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA:Community Development Code Chapters 18.120, 18.350 and 18.390;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: AUGUST 16, 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 possif ie. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, R 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: XWe 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: 3 Q oiJ n l Ac o c /z E-x.%- z7-57 REQUEST FOR COMMENTS 4Il©ARD DATE: August 2,2006 RECEIVED PLANNING TO: Jim Wolf,Tigard Police Department Crime Prevention Officer AUG 0 4 2006 FROM City of Tigard Planning Division CITY OF TIGARD STAFF CONTACT: Sean Family,Associate Planner(x2420) Phone: (503) 639-4171 Fax: (503) 684-7297 Email: seana tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2006-00003 > PLANNED DEVELOPMENT CODE AMENDMENT< REQUEST: The applicant is requesting approval of a Development Code Amendment to change the procedures and approval criteria for Planned Developments (Chapter 18.350) and add Definitions in Chapter 18.120. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA:Community Development Code Chapters 18.120, 18.350 and 18.390;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: AUGUST 16, 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: d 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: J Vv 13 If 1Z5-61 • . REQUEST FOR COMMENTS riII0A RE) DATE: August 2,2006 TO: PER ATTACHED FROM City of Tigard Planning Division • STAFF CONTACT: Sean Family,Associate Planner(x2420) Phone: (503) 639-4171 Fax: (503) 684-7297 Email: s e ana tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2006-00003 > PLANNED DEVELOPMENT CODE AMENDMENT< REQUEST: The applicant is requesting approval of a Development Code Amendment to change the procedures and approval criteria for Planned Developments (Chapter 18.350) and add Definitions in Chapter 18.120. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA:Community Development Code Chapters 18.120, 18.350 and 18.390;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: AUGUST 16, 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: S LTY OF TIGARD REQUEST FOPPOMMENTS NOTIFICA LIST FOR LAND USE & COMMUNITY DE.__ OPMENT APPI !C TInNc // FILE NOS.: 1/6i4 1006 - FILE NAME: P/41414 PG( Oe Ve-410►A,1- CITIZEN INVOLVEMENT TEAMS • 14-DAY PENDING APPLICATION NOTICE TO INTERESTED PARTIES OF AREA: ['Central ['East ['South ['West CITY OFFICES _LioCONG RANGE PLANNING/Barbara Shields,Planning Mgr. _✓COMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs. ✓POLICE DEPTJJim Wolf,Crime Prevention Officer .BUILDING DIVISION/Mark(residential)Brian(commercial) ENGINEERING DEPTJKim McMillan,Dvlpmnt.Review Engineer /PUBLIC WORKS/Matt Stine,Urban Forester ✓CITY ADMINISTRATION/Cathy Wheatley,City Recorder .PUBLIC WORKS/Rob Murchison,Project Engineer _PLANNING COMMISSION(+11 sets) ✓PLANNER—POST PROJECT SITE 10 BUSINESS DAYS PRIOR TO A PUBLIC HEARING! _HEARINGS OFFICER(+2 sets) SPECIAL DISTRICTS j/TUAL.HILLS PARK&REC.DIST.* AUALATIN VALLEY FIRE&RESCUE♦ r/TUALATIN VALLEY WATER DISTRICT♦ ./CLEANWATER SERVICES* Planning Manager North Division Administrative Office Lee Walker/SWM Program 15707 SW Walker Road John K.Dalby,Deputy Fire Marshall PO Box 745 155 N.First Avenue Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97075 Hillsboro,OR 97124 Beaverton,OR 97005-1152 LOCAL AND STATE JURISDICTIONS /CITY OF BEAVERTON * t CITY 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. Durham,OR 97224 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Maps a cWs Letter Only) / ' _ Mel Huie,Greenspaces Coordinator(CPA20A) Larry French(comp.Plan Amendments Only) Routing CENWP-OP-G VGITY 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 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Powdines 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 ja.84eve 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 Revew Coordinator _Doria Mateja(ZCA)Nis 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacations) _Sr.Cartographer(CPAr2CA)MS 14 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,SurveyorRc.A)Ms 1s • Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _WACO.CONSOL.COMM.AGNCY _VODOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION _STATE HISTORIC Dave Austin(wcccA)"911"Monopole Towers) Sam Hunaidi,Assistant District Manager (Notify If 0001 RIR.Hwy.Crossing is OrlyAccess to 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 Northem/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.00aofor Aeaconbct) (If Project 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 Lynn Smith,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.#23J _BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jan Youngquist,Demographics Alex Silantiev (see Maor«A.cm(aa) Diana Carpenter wpm e.otemom.oreaw) 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). hlpattyAmasters\Request For Comments Notification List.doc (UPDATED: 23-May-06) J,j/g(r $ CK€TAR/ / j4Te ,4LS NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT(DDE REQUIRES THAT IF YOURECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER • TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, SEPTEMBER 18, 2006 AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, OCTOBER 10, 2006 AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING I TESTIMONY FROM THE PUBLIC FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2006-00003 FILE TITLE: PLANNED DEVELOPMENT CODE AMENDMENT APPLICANT: City of Tigard 13125 SW Hall Boulevard _ Tigard,OR 97223 •REQUEST: The applicant is requesting approval of a Development Code Amendment to change the procedures and approval cnitena for Planned Developments (Chapter 18.350) and add Definitions in Chapter 18.120. The proposed changes to Chapter pter 18.350 include a new purpose statement, and a new approval process and approval critena. Related definitions of density bonus" "landscaping", and open space facility' would be added to the Definitions Chapter (18.120). The complete text of the proposed Code Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_amendments. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.350, 18.380 and 18.390; Comprehensive Plan Policies 1 ,2,3 and 6 and Statewide Planning Goals 1<and 2. THE PUBLIC HEARING ON THIS MAU R WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (11)D - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRI'1'fl N TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRI"1'1EN TESTIMONY THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRI"1"1'EN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACliON ON THE APPLICATION THE PURPOSE OF THE PLANNING COMMISSIONS REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25c ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN(7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECT1ON AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER SEAN FARRELLY AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO sean@ci.tigard.or.us. • CITY OF TIGARD •,*�.�; ;,4: ::_ z._. 1. ,. 13125 S.W. Hall Blvd. i \ . � _ Tigard,Oregon 97223 �i __ _, . . (;^ iir Carl Johnson • 8965 SW Durham Rd . l Tigard, _ NIXIE3: 970 1.' 01 09i07/©B' RETURN TO SENDER UNA,ELEOTONFORW, RD HC: 97223S19973 ti • 0.2:39-D603$-01-44 'J 224 s•_`•:=0- AAA' 99 I i,l„1,,,1„I,1»1,I„I),I„I,,,,I H,1„I,I„I;,,I,,I I,I I,,, • • CITY OF TIGARD • X" <.;d ■•• , . •'; tUGi9"i.ri 13125 S.W. Hall Blvd. Tigard,Oregon 97223 $1; 1S136AA08500 WINGATE CORP PO BOX 269 wEci-_,MX' CAT)_rv.wo NIXIE 970 i Oi 09107)08 • . . • . • . RETURN TO SENDER ATTEMPTED — NOT KNOWN • UNADLE TO FORWARD DC: 97223014425 *0229-01.544-29-30 ! 9-70684026g-6N2 -61.1"4 94yeamikklio 4 • CITY OF TIGARD ;.��' ,:�f. �:_ : .�,��T_�:,:.,, 13125 S.W. Hall Blvd. AL029':6 - ..:i y;'' r Tigard,Oregon 97223 ..., ( 1S136AA08600 WINGATE CORP PO BOX 269 WEST LINN,OR 97068 • • . ____- -- I NIXIE 970 1 OI 0107106 RETURN TO SENDER ATTEMPTED UNABLE TO F UM OPWA D HC: 97223011442S *02.29-01-570--29-30 995 ota,�, 11,I,,I,,.1,►1►.I.,I►I,►II,I„I,,„11,1„1,11,1,,I,1,l,I,,,II,1 • CITY OF TIGARD ;;G 13125 S.W. HaII Blvd. Tigard,Oregon 97223 I Sl 36AA08000 WINGATE CORP PO BOX 269 • WEST LINN,OR 97068 ` NIXIE 970 1 01 09/07/00 RETURN TO SENDER - NOT I ATUNABLEDTO FORWARDWN • BC: 97220014425 ' 0229•-015553-•29-•30 5706ht1.7;2:63-§ l§ g4 11,1„1,,,1„I,1„I,1„11,1„1,,,,11,1„I1I„1„l,l1i,l„,11,1 Bui dable 1 ands Within I'D ( Perla. pppon KY Klay# #KK ,atiroaci KY Kt 13#1 ir • .4'4A 9 "o< ‘.7 4 1 S 125 DC00300 • 1S126DC04100 ASH CREEK PROPERTIES LLC CORYELL,JACK M SR/ALICE REV LIV • 12655 SW NORTH DAKOTA ST BY JACK MALICE 0 CORYELL TRS TIGARD,OR 97223 9900 SW 92ND AVE PORTLAND,OR 97223 1 S 126DC04200 CHAVEZ,ALFRED J& 1S133CA01100 CORYELL,JACK MALICE 0 REV LIV TRU BARROWS ROAD LLC BY JACK MALICE 0 CORYELL TRS 13818 SW BARROWS RD 9900 SW 92ND AVE PORTLAND,OR 97223 PORTLAND,OR 97223 1 S 134ACO2300 HUMPREY,HERBERT R& 1S134DB03500 HART,SUSAN P VENTURE PROPERTIES INC 10939 SW BLACK DIAMOND WAY 4230 GALEWOOD ST,STE 100 TIGARD,OR 97223 LAKE OSWEGO,OR 97035 1 S134DB03700 1 S 135BD00400 VENTURE PROPERTIES INC LAW,ROBERT M& 4230 GALEWOOD ST,STE 100 RUSSO, SANDIE LAKE OSWEGO,OR 97035 9400 SW STONE CREEK DR BEAVERTON,OR 97007 1 S 136AA07900 1 S 136AA08000 BARRY DESBIENS,INC WINGATE CORP PO BOX 269 PO BOX 269 WEST LINN,OR 97068 WEST LINN,OR 97068 1 S 136AA08500 1 S 136AA08600 • WINGATE CORP WINGATE CORP PO BOX 269 PO BOX 269 WEST LINN,OR 97068 WEST LINN,OR 97068 1 S 136AA08700 1 S 136A•A08800 BARRY DESBIENS,INC BARRY DESBIENS, INC PO BOX 269 PO BOX 269 WEST LINN,OR 97068 WEST LINN,OR 97068 1S136AA09000 1S136AA09400 BARRY DESBIENS,INC CHUNG,GRACE PO BOX 269 6939 SW LOCUST ST WEST LINN,OR 97068 TIGARD,OR 97223 1 S 136AA 10000 1 S 136CD04200 BARRY DESBIENS,INC PACIFIC REALTY ASSOCIATES PO BOX 269 ATTN:N PIVEN WEST LINN,OR 97068 15350 SW SEQUOIA PKWY#300 PORTLAND,OR 97224 1 S 136DC04400 DARTMOUTH SQUARE LLC 2S101AB00100 BY ZIMMLER DEVELOPMENT FRY,DOUGLAS 7165 SW FIR LP#10 23077 SW NEWLAND RD TIGARD,OR 97223 WILSONVILLE,OR 97070 2S101BA00100 2S101BA00101 TRI-COUNTY CENTER TRUST 410 PACIFIC REALTY ASSOCIATES MARTIN,GORDON R TR BY ADAMS&STEWART ATTN:N PIVEN 8565 SW BARBUR BLVD 15350 SW SEQUOIA PKWY#300 PORTLAND,OR 97219 PORTLAND,OR 97224 2S101 BA00200 COSTCO WHOLESALE CORPORATION 2S101BA00300 PROPERTY TAX DEPT 111 MARTIN,GORDON S 999 LAKE DR 12265 SW 72ND AVE ISSAQUAH,WA 98027 TIGARD,OR 97223 2S101BA00401 2S101BD00100 TRI-COUNTY CENTER TRUST PNWP LLC#2 BY ADAMS&STEWART PO BOX 2206 8565 SW BARBUR BLVD BEAVERTON,OR 97075 PORTLAND,OR 97219 2S102DB07800 2S102DB08500 TRINH,TUAN ANH MIZE,LOA M&JON M 9246 SW HILL ST 9092 SW HILL ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CC00400 2S103CC00402 STEPPING STONE HOMES LLC STEPPING STONE HOMES LLC 11735 SW KATHERINE ST 13825 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97224 2S104BC01700 2S104BCO2200 HOHNBAUM,MICHAEL LEE&KARI ROC MOORE,SERENA 14160 SW FERN ST 14040 SW FERN ST TIGARD,OR 97223 TIGARD,OR 97223 2S104BC05800 2S104CA01800 CLARK,DON ALLAN&SUSAN BERNICE LEASCU,EMANUELL&ANISOORA L 12985 SW ASCENSION DR 13739 SW LAUREN LN TIGARD,OR 97223 TIGARD,OR 97223 2S104CB06100 2S104CB06200 APOLLO PROPERTIES INC FREEMAN,EDWARD&JENNEE 14310 NW MCNAMEE RD c/o FRANK,CARRIE R PORTLAND,OR 97231 13245 SW HIDDEN CREEK PL TIGARD,OR 97223 2S104CD07800 2S104CD11400 WRIGHT,ROBERT G LL&F INVESTMENT CO 13580 SW BRIM PL 12062 SW WHISTLERS LP TIGARD,OR 97223 TIGARD,OR 97223 2S 104DB05000 2S104DB05100 RICHARDS,M DALE& RICHARDS,M DAL tc ADAMS,HEATHER M ADAMS,HEATHER M 12655 SW NORTH DAKOTA 12655 SW NORTH DAKOTA TIGARD,OR 97223 TIGARD,OR 97223 2S104DC05901 2S 110AA02200 THOMA,GUNTER TOTONCHY,MATTI 7825 SW 84TH AVE 2651 OVERLOOK DR PORTLAND,OR 97223 LAKE OSWEGO,OR 97035 2S110AC00100 2S110AC00200 TIGARD EVANGELICAL CHURCH OF ANNAND PROPERTIES IV-P LLC& NORTH AMERICA,THE VINELLA,MARY JANE ET AL 13620 SW PACIFIC HWY 8260 SW HUNZIKER#150 TIGARD,OR 97223 TIGARD,OR 97223 2S 110AC00900 2S 110DB00300 HOLLAND HOLDINGS I ARBOR HEIGHTS,LLC TIGARD COVENANT CHURCH BY CLYDE HOLLAND PARTNERS LLC 11321 SW NAEVE ST 1111 MAIN ST, STE 710 TIGARD,OR 97224 VANCOUVER,WA 98660 2S110DB00301 2S110DB01200 DEZFULLI;EBRAHIM&SHAHIM DEZFULLI,SHAHIN&EBRAHIM 12587 SW 133RD AVE 12587 SW 133RD TIGARD,OR 97223 TIGARD,OR 97223 2S110DC00600 CONGREGATE CARE ASSET V 2S111AD06300 BY DELOITTE&TOUCHE LLP-PTS BEACON HOMES NW INC 925 FOURTH AVE#3300 12703 SW 67TH AVE SEATTLE,WA 98104 TIGARD,OR 97223 2S112BD01300 2S112CB01300 ECF DEVELOPMENT COMPANY INC ESPENSHIP,BRENT&KRISTA J 1310 SW 17TH AVE 8032 SW ASHFORD ST PORTLAND,OR 97201 TIGARD,OR 97224 2S114BA15300 HANING,SCOTT&NANCY K 13325 SW GENESIS LOOP TIGARD,OR 97223 0 PRE-APP.HELD BY:SL- CITY OF TIGARD PLANNING DIVISION 13125 SW HALL BOULEVARD TIGARD, OR 97223-8189 503.639.4171/503.684.7297 CITY OF TIGARD OREGON LAND USE PERMIT APPLICATION File#, DLA Jib-0000 3 Other Case# 44- Date tDfz)... By, K2 Receipt# , N?"- , City Urb Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance (I or II) ❑ Minor Land Partition (II) ❑ Zone Change (Ill) ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV) ❑ Conditional Use (III) ❑ Sensitive Lands Review (I, 11 or III) endment (IV) ❑ Historic Overlay(II or Ill) ❑ Site Development Review (II) • Cleve fapit tt (ode ❑ Home Occupation (II) ❑ Subdivision (II or III) LOCA I ION WHERE PROPOSED AC I IVI I Y WILL OCCUR(Address it available) City- wide 1 AX MAP& 1 AX LU I NOS. 101 AL SI I E SIZE CONING CLASSIFICA I ION APPLICAN I' � CI f y o -( 5 4 MAILING ADDRESS/C 1 Y/S I A I E/LIP 13 S( / f/5 Il tat Vd 77.c4 fl S 7z2 3 PHONE NU. FAX NO. S-03 — 3 s - `// 7f PRIMARY CON I ACT PERSON ' PHONE NO. S 'cv FFrr'eltk/ 11 ssdti6 P P/cnher Sv3 - - 2 ya v PROPERTY OWNER/DEED HOLDER(Att ch list it more than one) MAILING ADDRESS/CI I Y/S I A I E/LIP • PHONE NO. FAX NU. `When the owner and the applicant are different people, the applicant must be thp purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. Theners 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 specific) 6eVe o(1/Y1Fie\ (J( Ahvv►dn fn / hit' (1 r I7'hs e tl►,e foceit (e Ar , a j j4 l ( , 4 fr I a 4r Pl�,ned /�PVP/opa,rh fs ((h p1Pr- /030) 4 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 �,. �. G/2 0/61 Applicant/Agent/Representati e's Signature Date Applicant/Agent/Representative's Signature Date • . II . . MEMORANDUM T I GARD TO: Planning Division FROM: Sean Farrelly,Associate Planner RE: Planned Development Code Revisions DATE: June 20, 2006 Narrative: The Planned Development Code Review Committee was appointed by the City Council in January 2004 to review and recommend changes to the Planned Development Chapter of the Development Code (18.350). The concept of Planned Developments is to grant flexibility to the underlying development code standards in order to achieve a desired public purpose. Concerns arose in the community about the density, appearance, and lack of open space in some of the developments approved under the provisions of the Planned Development chapter. . The Committee had its first meeting in April 2004 and worked for several months on the proposed changes. There was a several month delay due to staff shortages and turnover. The Committee came before the Planning Commission on April 17 with its recommendations. The Planning Commission _ made several suggestions to refine the proposed changes in the code. The PD Committee agreed to a timeline of 60-90 days to make its final recommendation. The Committee met on two occasions, May 2 and June 6. Feedback from the City Attorney, the Planning Commission, staff, and Committee members was incorporated into the revised proposed code amendments. The revised code chapters can be seen in Attachment 1 (Clean Copy) and Attachment 2 (Draft Annotated Copy.) The Committee's final recommendation to the Planning Commission is to substantially reorganize and rewrite the Planned Development chapter. These are the highlights of the proposed changes: 1. New Purpose Statement The purpose statement was completely rewritten to emphasize the link between applying flexible standards and balancing impacts with amenities such as preserving open space and natural resources, the use of alternative and sustainable building designs, and other public purposes. 2. Revised Approval Process The revisions make a clearer distinction between the three sections of the approval process: the Concept Plan, the Detailed Development Plan, and the Overlay Zone. The Overlay Zone is applied concurrently with the approval of the Detailed Development Plan. • I Concurrent applications can be made for the Concept Plan and the Detailed Development Plan,but the Planning Commission must take separate actions on each part. • A. Concept Plan: New Concept Plans would require addressing these new approval criteria: • provision of open space • protecting natural resource areas • integration of development into the existing neighborhood • promotion of walkability/ transit • identification of the uses and arrangement of the site • demonstration that the planned development has significant advantages over standard development (i.e. protects natural features and provides additional amenities for the development/neighborhood.) B. Detailed Development Plan: The approval of a Detailed Plan was made a distinct step in the process. The Detailed Development Plan would require addressing the following approval criteria: a. Conformance to the Concept Plan. b. Compliance with various development code chapters. Includes up to a 10% density bonus is allowed (a 1% density bonus for each 5% of the gross site area set aside in open space and up to 5% for other amenities including items from the Planning Commissioners Toolbox.) c. Additional criteria, including a mandatory shared open space requirement (20% of the gross site area.) C. Overlay Zone: The Overlay Zone is now applied concurrently with the approval of the Detailed Development Plan. The overlay zone approval does not expire. 3. Changes in Definitions Chapter (18.120) Three new definitions (to apply to the entire code) would be added: Density bonus Landscaping Open Space Facilities: Makes a distinction between three types of open space facilities (minimal use, passive use recreation, and active use recreation). The Planning Commissioners Toolbox The Committee developed a Planning Commissioners'Toolbox: a packet with requirements of the process as well as illustrations and case studies of preferred developments around the country. The Toolbox is intended to be used as a guide for developers (distributed at the pre-app) and as a reference for the Planning Commission during Planned Development hearings. Pre-Application Conference Materials In addition to the Planning Commissioners Toolbox, staff will distribute examples of high quality materials (clear site plans and explanations) that have been used by developers at neighborhood meetings. The pre-app checklist will include a statement that if there are significant changes in the plans submitted at the neighborhood meeting, they will have to re-notice. DRAFT Proposed Planned Development Code Revisions,June 2006 Explanation of Formatting These text amendments employ the following formatting: Stfilethr-eugh— For text to be deleted [Bold and Italic]— For text to be added Chapter 18.120 DEFINITIONS [55. "Density bonus"—Additional dwelling units that can be earned as an incentive for providing undeveloped open space, landscaping, or tree canopy as defined further in this code.] [87. "Landscaping"—Areas primarily devoted to plantings, trees, shrubs, lawn and other organic ground cover together with other natural or artificial supplements such as water courses, ponds,fountains, decorative lighting, benches, bridges, rock or stone arrangements,pathways, sculptures, trellises and screens.] [104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned: a. Minimal Use Facilities. Areas reserved for low-impact recreation, limited to soft surface trails which are minimally maintained. No other improvements (apart from underground utilities) are allowed. b. Passive Use Facilities. Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways,pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains,picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access shall be provided where site considerations permit. c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater degree of site development and/or ground disturbance; such as sports fields,playground equipment, group picnic shelters, swimming pools, hard and soft surface pathways, restrooms, and similar facilities.] [Renumber definitions after#55 according to the above amendments] Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 The Process 18.350.030 Administrative Provisions Page 1 of 21 June 12, 2006 DRAFT • • • • 1 1 .. . 1-8450T060-Allowed-Uses I 1 I • . • I • 4&350:-090[18.350.040]Concept Plan Submission Requirements [18.350.050 Concept Plan Approval Criteria] [18.350.060 Detailed Development Plan Submission Requirements] [18.350.070 Detailed Development Plan Approval Criteria] 18.350.100 .proval Criteria 18.350.010 Purpose A. Purpose. The purposes of the planned development overlay zone are: 1 To pr-evidc a means for crcatiftg planned environments through the application of flexible 2 To facilitate the efficient use of land; space, and utilities; .1 To preserve to the greatest extent possible the existing landscape features and amenities particular site; and living nts [1. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; and] [2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and] [3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and] [4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and Page 2 of 21 June 12, 2006 DRAFT • analysis,presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; and] [5. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the City; and] [6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials.] 18.350.020 The Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. [An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project, an approval authority may apply the provisions of this chapter as a condition of approving any application for the development.] B. Elements of approval process. There are three elements to the planned development approval process, as follows: 1 The approval of the planned development overlay zone; 3 The approval of the detailed development plan. [1. The approval of the planned development concept plan; and 2. The approval of the detailed development plan. 3. The approval of the planned development overlay zone.] C. Decision-making process. - -- . . . : : - . - - - • :. . - - - be processed by means of a Type III PC procedure, as governed by Section 18.390.050, using reviewed by means of a Type II procedure, as governed by 18.390.010, to ensure that it is [1. The concept plan shall be processed by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050.] [2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as governed by 18.390.050, to ensure that it is substantially in compliance with the approved concept plan.] [3. The planned development overlay zone will be applied concurrently with the approval of Page 3 of 21 June 12, 2006 /I DRAFT the detailed plan.] [4. Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval. All applicants are advised that the purpose of separating these applications is to provide them clear direction in developing the detailed plans. Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone.] [5. In the case of an existing planned development overlay zone, once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application.] [6. If the application involves subdivision of land, the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan.] •D. • .• • •y: • . - • . . • . . - • and for approval of the conceptual development plan may be heard concurrently if an concurrently. [D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development application (i.e. the concept approval must precede the detailed development approval); however each required action may be made at the same hearing.] 18.350.030 Administrative Provisions [A. Time limit on Fling of detailed development plan. The concept plan approval expires after 1-1/2 years unless an application for detailed development plan and, if' applicable, a preliminary plat approval or request for extension is filed.Action on the detailed development plan shall be taken by the Planning Commission by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria in 18.350.070.] A.[B.] Zoning map designation. -- - . . . : : . . . •• . - - . . . [The planned development overlay zone application shall be concurrently approved if the detailed development plan is approved by the Planning Commission.]The zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. B. Time limit on filin. of detailed develo ement elan. Within 1 1/2 years after the date of Page 4 of 21 June 12, 2006 1 DRAFT • . - • •I S. l • - .• a. The change increases the residential densities, increases the lot coverage by b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; 111 changc involves a major shift in the location of buildings, proposed streets, 2. A decision by the Director may be appealed by the applicant or other affected/approved parties to the Commission and the Commission shall decide whether the detailed • •1 1 4 1 C. Extension. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1. No changes have been made on the original conceptual development plan as approved by the Commission; 2. The applicant can show intent of applying for detailed development plan[or preliminary plat) review within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. D. Phased development. 1. The Commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for conceptual development plan review. 2. The criteria for approving a phased detail development plan proposal are that: a. The public facilities shall be constructed in conjunction with or prior to each phase; and b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. Page 5 of 21 June 12, 2006 DRAFT • E. Substantial modifications to conceptual plan. [If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required.] . . . ..- •. • -- • - - . - - . =• - - [F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter.] [G. Issuance of occupancy permits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued. However, when the Director determines that immediate execution of any feature of an approved detailed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary condition, the Director shall, as a precondition of the issuance of a required permit, require the posting of a performance bond or other surety to secure execution of the feature at a time certain not to exceed one year.] occupancy permits are issued. • However, when the Director determines that immediate conditions, unavailability of materials, or other temporary condition, the Director shall, as a other surety to secure execution of the feature at a time certain not to exceed one year. Note: moved to 18.350.030 A. By election. An applicant for a commercial or industrial project may elect to develop the • • may apply the provisions of this chapter as a condition of approving any application for a 18.350.060 llowea Uses Note: moved to 18.350.040 Page 6 of 21 June 12, 2006 DRAFT S • I el - 1 All uses allowed outright in the underlying zoning district; 2 Single family detached and attached residential units; 3 Duplex residential units; �1 Multi family residential units; 5 Manufactured homes; the zone; 7 Community building; tennis court or similar use; 9 Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and 10 Recreational vehicle storage area. zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi - - 1 1 1 . • . . . . •• Note: moved to 18.350.060 fellewsi 2 Site coverage: The s-ite-eeverage provisions of the base zone shall apply; /1. Structure setback provisions: • ._ • .. c. Front yard and rear yard setback requirements in the base-zene setback shall net apply to Page 7 of 21 June 12, 2006 DRAFT • facing a street. (2) A minimum front yard setback of eight feet is required fer any garage opening for an B. Other provisions-ef The base zone. All ether provisions of the base zone shall apply except as . A. Exceptions to parking requirements. The Commission may grant an exception to the off street en-findings-that: 1 The miner exception is not greater than 10 percent of the required parking; and owners are willing to enter into a legal agreement; or • affect adjoining uses; or B. Exceptions to sign requirements. The Commission may grant an exception to the sign 1 The minor exception is not greater than 10 percent of the required applicable dimensional standard for signs; 2 The exception is necessary for adequate identification of the use on the property; and C. Exceptions to landscaping requirements. The Commission may grant an exception to the 20% of the gross site area to be landscaped. V34507090[18.350.0401 Conceptual Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type IIIB- [-PC] procedure, as governed by Section 18.390.050 [and the additional information required by 18.350.040.B.] In addition, the applicant shall submit the following: 1 A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include: [al A description of the character of the proposed development and the rationale behind Page 8 of 21 June 12, 2006 DRAFT • • the assumptions and choices made by the applicant. [b. An explanation of the architectural style, and what innovative site planning principles are utilized including any innovations in building techniques that will be employed.] [c.An explanation of how the proposal relates to the purposes of the Planned Development Chapter as expressed in 18.350.010.] [d. An explanation of how the proposal utilized the Planning Commissioner's Toolbox.] 2. A[general]development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development. [In the case where a residential subdivision is proposed, the statement shall include the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders.] from the Director B. Additional information. In addition to the general information described in Subsection A above, the conceptual development plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: 1. Existing site conditions; 2. A site concept [including the types of proposed land uses and structures, including housing types, and their general arrangement on the site]; 3. A grading concept; 4. A landscape concept[indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); [5. Parking concept;] 5. [6.]A sign concept; and [7. A streets and utility concept; and] [8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable.] Page 9 of 21 June 12, 2006 1, DRAFT • [C. Allowable Uses] 1. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c. The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; f. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with, but clearly incidental to, the residential uses permitted in the zone [such as personal services,preschool or daycare, and retail uses less than 5,000 square feet in sum total]; g. Community building; h. Indoor recreation facility; athletic club, fitness center, racquetball court, swimming pool, tennis court or similar use; i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and j. Recreational vehicle storage area. 2. In commercial zones. In all commercial zones, an applicant with a planned development approval may develop the site to contain all of the uses permitted outright in the underlying zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi- family dwellings in those commercial zones that do not list multi-family dwellings as an outright use. 3. In industrial zones. In all industrial zones, a planned development shall contain only those uses allowed outright in the underlying zoning district. [18.350.050 Concept Plan Approval Criteria] [A. The concept plan may be approved by the Commission only if all of the following criteria are met: 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their maximized protection,preservation, and/or management. 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. Page 10 of 21 June 12, 2006 1 DRAFT • 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops, etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood.] [18.350.060 Detailed Development Plan Submission Requirements] [A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.B and the approval criteria under 13.350.070.] [B.Additional Information. In addition to the general information described in Subsection A above, the detailed development plan, data, and narrative shall include the following information: 1. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in grade, along drainage channels or swales, and at selected points, as needed. 2. A specific development schedule indicating the approximate dates of construction activity, including demolition, tree protection installation, tree removal, ground breaking, grading,public improvements, and building construction for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. 4. Moderate to High Density Development Analysis. If proposing development in an area within a Metro designated town or regional center, the following additional information may be required: a. Air. movement: Prevailing breezes characteristic of a region may be greatly modified by urban high-rise structures. Predominant air movement patterns in a city may be along roadways and between buildings. The placement, shape, and height of existing buildings can create air turbulence caused by micro air movement patterns. These patterns may influence the location of building elements such as outdoor areas and balconies. Also a building's design and placement can mitigate or increase local wind turbulence. b. Sun and shadow patterns: The sun and shadow patterns of existing structures should be studied to determine how they would affect the proposed building. This is particularly Page 11 of 21 June 12, 2006 DRAFT • important for outdoor terraces and balconies where sunlight may be desirable. Sun and shadow pat- terns also should be considered as sources of internal heat gain'or loss. Building orientation, window sizes and shading devices can modify internal heat gain or loss. Studies should include daily and seasonal patterns and the shadows the proposed building would cast on existing buildings and open spaces. c. Reflections: Reflections from adjacent structures such as glass-clad buildings may be a problem. The development should be designed to compensate for such glare or if possible, oriented away from it.J IC. Compliance with specific development standards. The Detailed Development Plan shall show compliance with base zone provisions, with the following modifications: 1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; 3. Building height: In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2 times the height of the building. 4. Structure setback provisions: a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; (2) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. (3) A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The applicant may propose, or the commission may require, actual structure footprints to be shown and adhered to. Page 12 of 21 June 12, 2006 DRAFT • 5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter.] 4.3 00[18.350.070 Detailed Development Plan]Approval Criteria [A. Detailed Development Plan Approval Criteria. A detailed development plan may be approved only if all the following criteria are met: 1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: a. The change increases the residential densities, increases the lot coverage by buildings or reduces the amount of parking; b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; d. The change commits land to development which is environmentally sensitive or subject to a potential hazard; and e. The change involves a major shift in the location of buildings,proposed streets,parking lots, landscaping or other site improvements.] ' - - -• g - - • -- . - - - - - ., - - - - - -• - . - - - - . . - - - - • - . . -. - ' - . •- . , application, 4[2.]All the provisions of the land division provisions, Chapters 18.410, 18.420[Partitions] and 18.430[Subdivisions], shall be met[if applicable]; 2. [3.] Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable.to the Commission, that promote the purpose of this [chapter] section. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed in Subsection 3 below. [The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested.] Page 13 of 21 June 12, 2006 DRAFT • [a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same type of issues as the Site Development Review.] [b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site (vehicles, bicycles,pedestrians, and transit).] [c.]Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, [using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission.] The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/ or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1) [A 1% bonus for each 5% of the gross site area set aside in open space, up to a maximum of 5%,]A maximum of 3% is allowed for the provision of[active use recreational open s p a c e] . . . . - . • - . .. -, exclusive of areas contained in floodplain,[steep]slopes greater than 2-5 %, drainageways, or wetlands that would otherwise be precluded from development; (2) [Up to a maximum of 5% is allowed for the development of pedestrian amenities, streetscape development, recreation areas, plazas, or other items from the "Planning Commission's Toolbox."] o -. o . . . of housing types. Page 14 of 21 June 12, 2006 DRAFT • [d.] Chapter 18.745, Landscaping and Screening. [The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect, provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified.] [e.] Chapter 18.765, Off-street Parking and Loading Requirements. [The Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if: (1) The minimum number of parking spaces is not reduced by more than 10 percent of the required parking; and (2) The application is for a use designed for a specific purpose which is intended to be permanent in nature, e.g., a nursing home, and which has a low demand for off-street parking; or (3) There is an opportunity for sharing parking and there is written evidence that the property owners are willing to enter into a legal agreement; or (4) Public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses; or (5) There is a community interest in the preservation of particular natural features of the site which make it in the public interest to grant an exception to parking standards.] [f.J Chapter 18.780, Signs. [The Commission may grant an exception to the sign dimensional requirements in the applicable zone if (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs; and (2) The exception is necessary for adequate identification of the use on the property; and (3) The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties.] [g.]Chapter 18.795, Visual Clearance Areas. [The Commission may grant an exception to the visual clearance requirements, when adequate sight distance is or can be met;J [h.] Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks; and 18.810.060, Lots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an exception request. The Page 15 of 21 June 12, 2006 DRAFT • • Commission can only grant an exception to street sanctions if it is sanctioned by the City Engineer. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: (1) Public safety will not be compromised; and • (2) In the case of public streets, maintenance costs will not be greater than with a conforming design; and (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment.] • . - . - - . c. Chapter 18.795, Visual Clearance Areas; d. Chapter 18.745, Landscaping and Screening; f. Chapter 18.705, Access, Egress and Circulation; and g. Chapter 18.780, Signs. 3-[4.] In addition, the following criteria shall be met: a. Relationship to the natural and physical environment: (1) The streets, buildings and other site elements shall be designed and located to preserve the existing trees, topography and natural drainage to the greatest degree possible. [The commission may require the applicant to demonstrate why a particular alternate site plan that may result in greater preservation of trees, topography and natural drainage would either not be feasible or would result in a greater loss of those resources;] (2) Structures located on the site shall not be in areas subject to ground slumping and sliding[as demonstrated by the inclusion of a specific geotechnical evaluation;] n; (-4) [(3) Using the basic site analysis information from the concept plan submittal,]the structures shall be oriented with consideration for the sun and wind directions, where possible; and • - • I .- . - b. Buffering, screening and compatibility between adjoining uses: (1) Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; (2) In addition to the requirements of the buffer matrix (Table 18.745.1),[the requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same level of buffering Page 16 of 21 June 12, 2006 DRAFT • I and screening with alternate materials or methods.]The following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (b) The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s) from which buffering is needed; (d) The required density of the buffering; and (e) Whether the viewer is stationary or mobile. (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; (b) The direction from which it is needed; and (c) Whether the screening needs to be year- round. c. Privacy and noise: Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise; [d. Exterior elevations—residential use:Along the vertical face of single-family attached and multiple family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses, e.g., decks,patios, entrances,floor area, of a minimum depth of eight `feet; (2) Extensions, e.g., decks,patios, entrances,floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and (3) Offsets or breaks in roof elevations of three or more feet in height.] d. [e.]Private outdoor area[residential] multi-family use: (1) • . - - . • •• • . . . .. . . ,[Exclusive of any other required open space facility,] each ground-level residential dwelling unit shall have an outdoor private area (patio, terrace,[or]porch) of not less than 48 square feet[with a minimum width dimension of four feet;] (2) Wherever possible, private outdoor open spaces should be oriented toward the sun; and (3) Private outdoor spaces shall be screened or designed to provide privacy for the use of the space. e.[f.J Shared outdoor recreation areas—[residential] use: (1) • . - - •. - . . .. - . . . - - [Exclusive of any other required open space facilities,]each [residential] development shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a) Studio units up to and including two bedroom units, 200 square feet per unit; and • (b) Three or more bedroom units, 300 square feet per unit. Page 17 of 21 June 12, 2006 DRAFT • (2) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (3) The required recreation space may be provided as follows: (a) It may be all outdoor space; or - • - - - - . - . . . . . . , - - .. - - . [(a) Additional outdoor passive use open space facilities; (b) Additional outdoor active use open space facilities; (c) Indoor recreation center; or (d) A combination of the above.] [g. Demarcation of public, semi-public and private spaces for crime prevention: (1) The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and (2) These areas may be defined by, but not limited to: (a) A deck,patio, low wall, hedge, or draping vine; (b) A trellis or arbor; (c) A change in elevation or grade; (d) A change in the texture of the path material; (e) Sign; or (� Landscaping.] f [h.]Access and circulation: (1) The number of[required] allowed access points for a development shall be provided in Chapter 18.705; (2) All circulation patterns within a development must be designed to accommodate emergency[and service]vehicles; and (3) Provisions shall be made for pedestrian and bicycle ways[abutting and through a site]if such facilities are shown on an adopted plan[or terminate at the boundaries of the project site.] g. [L]Landscaping and open space: (1) Residential Development: In addition to the [buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities,] . .' •- - . . . ... . . - •. . -• . . . -, a minimum of 20 percent of the site shall be landscaped. [This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a Page 18 of 21 June 12, 2006 DRAFT • landscape plan,prepared or approved by a licensed landscape architect, and surety for such landscape installation;) (2) Commercial Development: A minimum of 15 percent of the site landscaped; and 13,[j.J Public transit: (1) Provisions for public transit may be required where the site abuts for is within a ill mile ofi a public transit route. The required facilities shall be based on: (a) The location of other transit facilities in the area; and (b) The size and type of the proposed development. (2) The required facilities[may include but are not necessarily limited to]shall-be-limited to such facilities as: (a) A waiting shelter; (b) A turn-out area for loading and unloading; and (c) Hard surface paths connecting the development to the waiting area. [(3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement.] i. Signs: (1) In addition to the provisions of Chapter 18.780, Signs: (b)The signs shall not obscure vehicle driver's sight distance; j [k.]Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter Chapter 18.765; (2) Up to 50% of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. 1F [l-JDrainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter[18.810.] 18.775, and the criteria in the adopted 1981 master [An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets,porous concrete, or eco roofs./ 1-[m.JFloodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. Page 19 of 21 June 12, 2006 • DRAFT • • [n.J '8 'rr0 Shared Open Space[Facilities] [Exclusive of any other required open space or buffer areas, the detailed development plan shall designate a minimum of 20% of the gross site area as an open space facility. The open space facility may be comprised of any combination of the following: (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands, streams,or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for active recreational use. (4)The open space area shall be shown on the final plan and recorded on the final plat or covenants.] [o. Open Space Conveyance. Where a proposed park,playground or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods:] A. Requirements for shared open space. Where the open space is designated on the plan as 1 The open space area shall be shown on the final plan and recorded with the Director; and 2. The open space shall be conveyed in accordance with one of the following methods: -[(1) Public Ownership.] : . - • • . . . . • . . . . - .•- .• . . open space. Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations [A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval. Dedications of open space may be eligible for Systems Development Charge Page 20 of 21 June 12, 2006 DRAFT • credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below;) - [(2) Private Ownership.] By leasing-or conveying title (including beneficial ownership) to a corporation, home association or other legal entity,[and granting a conservation easement to the City in a form acceptable by the City. The terms of the conservation easement must include provisions for the following:) (4-) (a) The continued use of such land for the intended purposes; (2) (b)Continuity of property maintenance; (3) (c) When appropriate, the availability of funds required for such maintenance; (4) (d) Adequate insurance protection; and (5) (e) Recovery for loss sustained by casualty and condemnation or otherwise. Page 21 of 21 June 12, 2006 • • • CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES (Pre-Application Meeting Notes are.Valid for Six (6) Months) PRE-APP.MTG.DATE: 6/20/0 C/ STAFF AT PRE-APP.: SF, D8 RESIDENTIAL APPLICANT: ( 1/ 6 -' T 5q(GI AGENT: 3'aH F ire IV Phone: K"3 ) 635 - / Sf/1 / Phone: 03) 7/ g - 2 Vi O PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: C r l i- vv./ Q TAX MAP(S)/LOT #(S): NECESSARY APPLICATIONS: PROPOSAL DESCRIPTION: bpu.e f V pih e h-t' (ale ,'Me, I,1e f LI re vise I _:tee , i$.= .'a"ri , • e 1141t';),,f to u eor /Z , iw • • COMPREHENSIVE PLAN MAP DESIGNATION: ZONING MAP DESIGNATION: ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. l MINIMUM LOT SIZE: sq. ft. Average Min. lot width: ft. Max. building height: ft. Setbacks: Front ft. Side _ ft. Rear • ft. Corner ft. from street. MAXIMUM SITE COVERAGE: % Minimum landscaped or natural vegetation area: %. GARAGES: ft. ❑ NEIGHBORHOOD MEETING [Refer to the Neighborhood Meeting Handout] THE APPLICANT.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 submittinq 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 9 Residential Application/Planning Division Section • • ❑ NARRATIVE (Refer to Code Chapter 18.390) 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 18390.040 and 18.390.050] As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE AN 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 18.705 and 18.765) Minimum number of accesses: Minimum access width: Minimum pavement width: ❑ WALKWAY REQUIREMENTS [Refer to Code Chapter 18.705) Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments, each residential dwelling SHALL BE CONNECTED BY WALKWAY_ TO THE VEHICULAR PARKING AREA, COMMON OPEN SPACE AND RECREATION FACILITIES. ❑ RESIDENTIAL DENSITY CALCULATION [Refer to Code Chapter 18.115]-SEE EXAMPLE BELOW. The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning dsignation. Net development area is calculated by subtracting the following land area(s)from the gross site area: All sensitive lands areas including: ➢ Land within the 100-year floodplain; ➢ Slopes exceeding 25%; ➢ Drainageways; and ➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. Public right-of-way dedication: ➢ Single-family allocate 20% of gross acres for public facilities; or ➢ Multi-family allocate 15% of gross acres for public facilities; or ➢ If available, the actual public facility square footage can be used for deduction. EXAMPLE OF RESIDENTIAL DENSITY CALCULATIONS: EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS Single-Family Multi-Family 43,560 sq.ft. of gross site area 43,560 sq.ft. of gross site area 8,712 sq.ft. (20%)for public right-of-way 6,534 sq.ft. (15%)for public right-of-way NET: 34,848 square feet NET: 37,026 square feet 3.050(minimum lot area) - 3.050(minimum lot area) = 11.4 Units Per Acre = 12.1 Units Per Acre *The Development Code requires that the net site area exist for the next whole dwelling unit.NO ROUNDING UP IS PERMITTED. *Minimum Project Density is 80%of the maximum allowed density.TO DETERMINE THIS STANDARD, MULTIPLY THE MAXIMUM NUMBER OF UNITS BY.8. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 9 Residential Application/Planning Division Section ❑ SPECIAL SETBACKS (Refer lade Section 18.730) • ➢ STREETS: feet from the centerline of ➢ FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures. ➢ ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained between each dwelling unit or garage. ➢ MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family residential developments. ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot lines. ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size. [See applicable zoning district for the primary structures'setback requirements] ❑ FLAG LOT BUILDING HEIGHT PROVISIONS (Refer to Code Chapter 18.730) MAXIMUM HEIGHT OF 11/2 STORIES or 25 feet, whichever is less in most zones; 2'/2 stories, or 35 feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are satisfied. ❑ BUFFERING AND SCREENING (Refer to Code Chapter 18.145) 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 found in the Development Code. The ESTIMATED REQUIRED BUFFERS applicable to your proposal area is: Buffer Level along north boundary. Buffer Level along east boundary. Buffer Level along north boundary. Buffer Level along east boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: ❑ LANDSCAPING (Refer to Code Chapters 18.745,18.765 and 18.705) 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. ❑ 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. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 9 Residential Application/Planning Division Section 4 • ❑ PARKING [Refer to Code Airs 18.165&18.705) • ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED. D Single-family Requires: One (1) ff-street parking space per dwelling unit; and One 1) space per unit less than 500 square feet. D. Multiple-family Requires: 1.25 spaces per unit for 1 bedroom; 1.5 spaces per unit for 2 bedrooms; and 1.75 spaces per unit for 3 bedrooms. Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. Parking stalls shall be dimensioned as follows: D Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches. D Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches. D 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 [Refer to Code Section 18.7651 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 18.715) 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 18.775.010.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&0 96-44/USA Regulations-Chapter 31 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: CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9 Residential Application/Planning Division Section TABLE 3.1 VEGETATED CORRIDOR WIDT• SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAURESOLUTION a ORDER 96-44 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA1 CORRIDOR PER SIDE2 • Streams with intermittent flow draining: <25% + 10 to <50 acres 15 feet + >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% 10 to <50 acres 30 feet $ >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' 'Starting 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. 2Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 3The 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. Restrictions in the Vegetate 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 USA 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. • ❑ SIGNS [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 18.190.030.0] 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. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9 Residential Application/Planning Division Section THE TREE PLAN SHAL NICLUDE the following: S ➢ Identification of the location, size, species, and condition of all existing trees greater than 6- inch caliper. ➢ 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 18390.06011 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 damages is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. ➢ If a replacement tree 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: • 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. The applicant shall show the clear vision areas on the site plan, and identify any obstructions in these areas. CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9 Residential Application/Planning Division Section ❑ FUTURE STREET PLAN AND EKTOION OF STREETS [Refer to Code Sectioi.810.030.FJ A FUTURE STREET PLAN shall: ➢ Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include boundaries of the proposed land division and shall include other parcels within 200 feet surrounding and adjacent to the proposed land division. ➢ Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 500 feet of the site. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed. ❑ ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.810.060] 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 2% TIMES THE AVERAGE WIDTH, unless the parcel is less than 1%times the minimum lot size of the applicable zoning district. ❑ BLOCKS [Refer to Code Section 18.810.090] The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured along the right-of-way center line except where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development. When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided through the block. • CODE CHAPTERS 18.330(Conditional Use) 18.620(Tigard Triangle Design Standards) _ 18.765(Off-Street Parking/Loading Requirements) - 18.340(Director's Interpretation) 18.630(Washington Square Regional Center) _ 18.775(Sensitive Lands Review) -4 18.350(Planned Development) 18.705(Access/Egress/Circulation) _ 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) 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(Decision 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 7 of 9 Residential Application/Planning Division Section ADDITIONAL CONCERNS OR COME.: • 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/" x 11". One 8'/z" x 11" map of a proposed project shall also 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 8 of 9 Residential Application/Planning Division Section • 4 • The administrative decis or public hearing will typically occur.roximately 45 to 60 days after an application is accepted a eing 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. SUBDIVISION PLAT NAME RESERVATION (County Surveyor's Office: 503-648-8884] PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard, applicants are required to complete and file a subdivision plat naming request with the Washington County Surveyor's Office in order to obtain approval/reservation for any subdivision name. Applications will not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation. 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 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 - PERSON HOLDING PRE-APP. MEETING PHONE: 503-639-4111 FAX: 503- 84-1291 EMAIL (staffs first name)@ci.tigard.or.us TITLE 18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS: www.ci.tigard.or.us H:\pattylmasters\Pre-App Notes Residential.doc Updated: 15-Dec-04 (Engineering section:preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9 Residential Application/Planning Division Section /1