Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
DCA2009-00003
• 0 • , 114 -09 • LAND USE PROPOSAL DESCRIPTION TIGARD 120 DAYS = N/A FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2009-00003 FILE TITLE: TIGARD OMNIBUS "HOUSEKEEPING" ITEMS APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: The City is requesting approval of forty seven Development Code Amendments to promote consistency among the Code Sections. These "housekeeping" items are from Code Chapters 18.120 Definitions; 18.780 Signs; 18.330 Conditional Use; 18.350 Planned Developments; 18.385 Miscellaneous Permits; 18.390 Decision-Making Procedures; 18.430 Subdivisions; 18.520 Commercial Zoning Districts; 18.705 Access, Egress, And Circulation; 18.715 Density Computations; 18.730 Exceptions To Development Standards; 18.765 Off-Street Parking And Loading Requirements; 18.775 Sensitive Lands; 18.220 Zoning Administration; 18.510 Residential Zoning Districts; 18.640 Durham Quarry Design Standards; 18.710 Accessory Residential Units; 18.742 Home Occupations; 18.745 Landscaping And Screening; 18.798 Wireless Communication Facilities; 18.760 NonConforming Situations; 18.410 Lot Line Adjustments; 18.360 Site Development Review. LOCATION: Citywide (City of Tigard). ZONE: The proposal is a Development Code Text amendment it is not applicable to a specific property or group of properties. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.130, 18.380, 18.390. Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2: Land Use Planning. Metro Functional Plan: Metro Code Section 3.07, Urban Growth Management Functional Plan. Statewide Planning Goals 1 and 2. DA'Z'E COMMENTS SENT: MAY 15,2009 DA 1'E COMMENTS DUE: JUNE 3.2009 DATE DLCD NOTICE WAS SENT: MAY 6.2009 (61 days prior to first evidentiary hearing) DECISION MAKING BODY BELOW: ❑ TYPE I • ❑TYPE II ❑ TYPE III ® TYPE IV ® PLANNING COMMISSION (MON.) DATE OF HEARING: JULY 6.2009 TIME: 7:00 PM ® CITY COUNCIL (TUES.)DATE OF HEARING: To be announced 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: Dick Bewersdorff,Planning Manager (503) 718-2432 CITY OF TIGARD PLANNING DIVIS 64%1441). - LAND USE PERMIT APPLICATI9 6 2009 City of Tigard Permit Center 13125 SW Hall Blvd., Tigard, I nc3Q f aI GARD Phone: 503.639.4171 Fax::503.598.1960 �G QA1 E () • el/NG File# OCf\g 1 Y1—(ruig3 Other Case# Date 54/O'Ci By . --11%6 Receipt# Fee Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance(I or II) ❑ Minor Land Partition(II) ❑ Zone Change(III) ❑ Comprehensive Plan Amendment(IV) El Planned Development(III) El Zone Change Annexation(IV) El Conditional Use(III) El Sensitive Lands Review(I,II or III) ® Zone Ordinance Amendment(IV) El Historic Overlay(II or III) El Site Development Review(H) ❑ Home Occupation(II) El Subdivision(II or III) LOCATION WHERE PROPOSED ACTIVITY MILL OCCUR(Address if available) 13125 SW Hall Boulevard TAX MAPS&TAX I.OT NOS. N/A TOTAL SITE SIZE ZONING CLASSIFICATION N/A N/A APPLICANT* City of Tigard MAILING ADDRESS/CITY/STATE/ZIP 13125 SW Hall Boulevard PHONE NO. FAX NO. 503.639.4171 • 503.718.2748 PRIMARY CONTACT PERSON PHONE NO. Dick Bewersdorff 503-718-2432 PROPERTY OWNER/DEED HOLDER(Attach list if more than one) N/A MAILING ADDRESS/CITY/STATE/ZIP PHONE NO. FAX NO. - *When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners 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) The City is requesting approval of forty seven Development Code Amendments to promote consistency among the Code Sections. See attached narrative for list of code sections. APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE"BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. is\curpin\masters\land use applications\land use permit app.doc r\rl IRPI.N\Set nn\nrA\Dr•A_1nno\DCA1nn4_nnn(D mmnihnc Hn icekeenino\Tioard I and!Ice Review Materialc\r.and I Ice Review\lCAMf10-01.1 lfl3 Land r Ice IJ. • 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 Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date MCI IR PI.N\S etnn\IICA\IlCA-M19\r/r/CANNl9-11(11101(lmnihnc Hnncr.keenina\Tioarti I and Ike Review Materialc\IAnd I Ice Review\lCAM19-fl0f101 I.anti I Ice • • tiM • Development Code Narrative City of Tigard Development Code Amendment — Omnibus ' } T I GGA R.D "Housekeeping" Items APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Contact: Dick Bewersdorff OWNER: N/A LOCATION: Citywide (City of Tigard) ZONING DESIGNATION: All City zoning designations. COMP PLAN: All City Comp Plan designations. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130, 18.380, 18.390 and 18.775 Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2: Land Use Planning; Metro Functional Plan: Metro Code Sections 3.07, Urban Growth Management Functional Plan; Statewide Planning Goals 1, 2; PROPOSAL: The City is requesting approval of forty seven Development Code Amendments to promote consistency among the Code Sections. These "housekeeping" items are from Code Chapter 18, Sections:120 Definitions; 18.780 Signs; 18.330; Conditional Use;18.350; Planned Developments; 18.385 Miscellaneous Permits; 18.390 Decision-Making Procedures; 18.430 Subdivisions; 18.520 Commercial Zoning Districts; 18.705 Access, Egress, And Circulation; 18.715 Density Computations; 18.730 Exceptions To Development Standards; 18.740 Historic Overlay; 18.765off-Street Parking And Loading Requirements; 18.775 Sensitive Lands; 18.220 Zoning Administration; 18.510 Residential Zoning Districts; 18.640 Durham Quarry Design Standards; 18.710 Accessory Residential Units; 18.742 Home Occupations; 18.745 Landscaping And Screening; 18.798 Wireless Communication Facilities; 18.760 NonConforming Situations; 18.410 Lot Line Adjustments; 18.360 Site Development Review. Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 1 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • BACKGROUND INFORMATION Project History Over the past several years, staff has collected Development Code items which are inconsistent and/or need clarification. There are approximately 150 total items. Staff has compiled these and grouped them by complexity. Those that are less complex (such as scrivener's errors and inconsistent references) have been placed into the Omnibus Package and are the subject of this proposal. The remainders have been grouped by Development Code Chapter and will be brought to the Planning Commission on a by-Chapter basis. As the City has recently completed the significant task of updating the Comprehensive Plan policies, one of the next tasks is to align these policies with the implementing ordinances to make the Code more clear and objective. Proposal Description The "Omnibus package" is the first step to addressing the Development Code amendment list items. The Omnibus Package items are proposed to make the code consistent, more clear and objective and to promoting the general health, safety and welfare of the public, to set forth the standards and procedures governing the development and use of land in Tigard and to implement the Tigard Comprehensive Plan. The City is requesting approval of forty seven Development Code Amendments to promote consistency in the Code Sections. These "housekeeping" items are from Code Chapters: • 18.120 Definitions; • 18.780 Signs; • 18.330 Conditional Use; • 18.350 Planned Developments; • 18.385 Miscellaneous Permits; • 18.390 Decision-Making Procedures; • 18.430 Subdivisions; • 18.520 Commercial Zoning Districts; • 18.705 Access, Egress, And Circulation; • 18.715 Density Computations; • 18.730 Exceptions To Development Standards; • 18.740 Historic Overlay; • 18.765off-Street Parking And Loading Requirements; • 18.775 Sensitive Lands; • 18.220 Zoning Administration; • 18.510 Residential Zoning Districts; • 18.640 Durham Quarry Design Standards ; • 18.710 Accessory Residential Units ; • 18.742 Home Occupations; • 18.745; Landscaping And Screening; • 18.798 Wireless Communication Facilities • 18.760 NonConforming Situations; • 18.410 Lot Line Adjustments. Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 2 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • 11 • 18.760 NonConforming Situations; • 18.360 Site Development Review. (Bold and underline text indicates proposed new language and stake-through indicates language proposed to be deleted.) City of Tigard Notice of Proposed Amendment Attachment 1: Amendment Language: DCA2009-0003 Omnibus Code Amendment — Housekeeping Items (Bold and underline text indicates proposed new language and strike-tough indicates language proposed to be deleted.) SECTION 18.120 DEFINITIONS 18.780.015 Definitions A. Definitions. As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions, and are as follows: 7. `Bench sign" ...., . ;. ... : ; .; ;•;; • ., ...:. ; ., . • ; „ . . _.. means a bench designed to seat people with a sign painted or affixed on the surface. 18.120.030 Meaning of Specific Words and Terms A. For additional words and terms, also see Use Classifications (Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755); Sensitive Lands (Section 18.775); Signs (Section 18.780); Tree Removal (Section 18.790); and Wireless Communication Facilities(Section 18.798).As used in this title, the following words and phrases mean: 4. `Accessory building or structure"-A freestanding structure whose use is incidental and subordinate to the main use of property acrd-is located on the same lot as the main use and is freestanding or is joined to the primary structure solely by non-habitable space as defined by the State Building Code. 6. `Addition"-A modification to an existing building or structure which increases its height or increases the site coverage. A structure is considered an addition only when it shares a common wall with and is structurally dependent on the primary structure. (See also "Accessory building or structure" and "common wall") 43. "Common Wall" — A wall or joined walls that share a boundary to provide separation of interior spaces. For vertical additions, a floor/ceiling assembly is the a shared boundary separating spaces. 54. `Density"- The intensity of residential land uses, usually stated as the number of housing units per acre and defined in Section 13.720. 18.715. Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 3 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • • 117. "Public support facilities"—services which are necessary to support uses allowed outright in the underlying zone and involve only minor structures such as underground utilities and construction of roadway improvements including sidewalks, curbs. streetlights, and driveway aprons.power lines and poles,phone booths, fire hydrants. as well as bus stops, benches and mailboxes which are necessary to support principal development. Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 4 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • Section 18.780 SIGNS 18.780.015 Definitions A. Definitions. As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions, and are as follows: 8. `Billboard"means a freestanding sign in excess of the maximum site allowed, with adjustments, in the locations where it is located or proposed to be located Billboards are prohibited by Tigard Code Section 18.780.070.M: Certain Signs Prohibited. 18.780.020 Permits Required C. Compliance with 144E State Building Code. Separate structural permits under the - . - : • ; .. • State Building Code shall also apply. 18.780.070 Certain Signs Prohibited B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the . ':-- •• .:• State Building Code or this title. 18.780.140 Sign Code Adjustments A.Adjustments. The Director may grant an adjustment to the requirements of this Section by means of a Type I or Type 77 procedure, as governed by Section 18.390, using approval criteria in Section 4-84707020-64. 18.370.020 C.B. 18.780.130 Zoning District Regulations E. In the C-N and C-C tones.No sign shall be permitted in the C-N and CRC C—C tones except for the following: Development Code Narrative Final • City of Tigard Omnibus Code Amendment PAGE 5 OF 32 Development Code Amendment • DCA2009-00003 5/6/2009 • • Section 18.330 CONDITIONAL USE 18.330.020 Approval Process . E. Approval period. Conditional use approval by the Hearings Officer shall be effective for a period of 1-1/2 years from the date of approval. The conditional use approval by the Hearings Officer shall lapse if: 1. Substantial construction of the approved plan has not begun within a one and one half year period;or 2. Construction on the site is a departure from the approved plan. 18.330.020.C Minor modification of approved or existing conditional use. 2.An applicant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.010 18.390.030, using approval criteria in SubSection C3 below. Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 6 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 0. TABLE E 18.390.1 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE Type Permit/Land Cross-Reterence(s) II(18.390.040) Access/Egress Adjustment 18.370.020 Cab Conditional Use/Minor Modification [18.330.03(i :anal use Farm:cs oy rypo a:ascr.:u,-mau,c Frccaauui. TABLE 18.350.1 SUMMARY OF PERMITS BY TYPE OF DECISION-aAAKING PROC'DURE ape Perm:irImad Crass-Refer nce(s) I 08.390.030) Ac:ossory Rcsid,aarirl Units 18.710 Dovolepmoat Adju:tn:oa:: 18.370 5•0 32 • Erma Cks-cup:.nac/Typ I 14.7' Land::aping 4djnu:asmts - Esis ioz Sam T:oos a.370.C'20 C4r.18.745 - Now Stool Tra .8.370.00 Cob: 98.745 Lc:Li.:Adjurmi nt 18.210.040 SSinimun_'losidontiai Dic.:v Advnseasit 18.375.00 C2.28.430i;18.72 5 Nencenformizg t_so Couftra riaa 18.385.03,11:28.7E0 P!_*kias?uljnsamonrs - Roduream crNtiw iii•Parkins, !sic. 18-370.020 Cam;18.755 Exstis Darolcpmc.!Trmmsit alp_ - Rodoctian cStackas Lana r uz-.h 18375.020 C5o:18.765 Sizes: - Now 19.7$0 - Eris-nun 18-780 Sire DovolcsmQnt Mar adifcatiom 18.360.CP?0 Taspas2. Uzi. - Emorg:_:s Uses 1.3.785 - So_vnaI/SFocia so; 18.785 - Torapartry @ 'dins 18.785 - Tor=paruy S .as Offi:4 iomo 18.755 Tro:Romov- - Romc•vs3 .d;stm:.t 14370.1120 C7;18.7913 - Rome,'Potixit 18.7590 Wi--olosr cmtruriczlic=s Frci3irias•- 18.370.040 C81;38798 E,.mOrhi Tout. Conditional Use/Minor Modification 18.330.030 Decision-U.sking Praredaves 18390-) SE Update: Jaw Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 7 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 Section 18.350 PLANNED DEVELOPMENTS 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: 4. In addition, the following criteria shall be met: m. Shared open space facilities: These requirements are applicable to residential planned developments only. 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 b 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. Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 8 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • Section 18.385 MISCELLANEOUS PERMITS Section 18 385 Sect-ions: . _ . a • . • . .. • _ e . • r . -- .. • . -. • • . • . -. • - A. Criteria for historic overlay district designation. 1. Approval of an historic overlay district designation shall be made by means of a Type IIIB procedure, as governed by Section 18.390.050,when the I listoric Sitc3 and Districts Committee finds that any of the following criteria have been met: a. The proposed district or landmark would serve the purpose of the historic overlay district as stated in Section 18.740.010,Purpose; b. The site or area proposed for the designation reflects the broad cultural or natural history of the community, statc or nation; state or local history; d. The site or area proposed for the designation embodies the distinguishing characteristics of an e. The proposed site or area is a notable work of a master builder,designer or architect. 2. The age of a specific building is not sufficient in itself to warrant designation as historic. dcsignation shall be made by means of a Type IIIB procedure, as governed by Section 18.390.050, met: 1. The original historic overlay district designation was placed on the site in error; 2. The resource designated with the historic overlay district designation has ceased to exist; 3. The resource designated with the historic overlay district designation is no longer of significance -to the public;or burden to maintain the property as an historic or cultural resource. C. Criteria for exterior alterations.Approval for exterior alterations of structures in an historic overlay district shall be granted by mcan3 of a Type II procedure, as governed by Section 18.390.010,by the 1. The purpose of the historic overlay district as set forth in Section 18.710.010; 2. The economic use of the structure in a historic overlay district and the reasonableness of the preservation or renovation; 3. The value and significance of the structure or landmark in an historic overlay district; - •- :-.. .:- .- - - cturc or landmark in an historic overlay district;and 5. The general compatibility of exterior design, arrangement,proportion,detail, scale,color, texture, Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 9 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 l leo D. Criteria for construction of new structures. Approval for cxtcrior alterations of structures in an historic overlay district shall be granted by mcan3 of a Type II procedure, as-governed by Section 18.390.010,by the Director using the following criteria: 1. The purpose of the histori- :. : :: ! 2. The economic effect of the new structure on the historic value of the district; 3. The visual effect of the proposed new structure on the architectural character of the district;and 1. The general compatibility of the exterior design,arrangement,proportion,detail, scale, color, texture and materials proposed to be used in the construction of the new building or structure. E. Criteria for demolition. Approval for demolition of structures in an historic overlay district shall be 1. The purpose of this Section a3 sct forth in Section 18.740.010; 2. The criteria used in the original designation of the district in which the property under 3. The historical and architectural style, the general design, arrangement, materials of the structure in question, or its appurtenant fixtures; the relationship of such features to similar features of the public rights of way, and to other buildings and structures in the area; �. The effects of the proposed work upon the protection, enhancement, perpetuation and use of the district which cause it to possess a special character or special historical or aesthetic interest or value;and 5. Whether denial of the permit will subject the City to potential liability,involve substantial hardship to the applicant, and whether i33uance of the permit would act to the substantial detriment of the public welfare and would be contrary to the intent and purposes of this title. A. Type I home occupation permit.A Type I home occupation permit will be processed by means of a Type I procedure,a3 governed by Section 18.390.030, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040A and 18.742.050 Al. B. Type II home occupation permit.A Type II home occupation permit will be processed by mcana of a Type II procedure,as governed by Section 18.390.010, after a demonstration that the proposal 2. Will be subordinate to the residential use of the property;and 3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or C. Conditions of approval. The Director may impoac conditions upon the approval of a Type II home 1. Further limiting the hours, days,place and manner of operation; 5. Designating the size, number,location and design of vehicle access points; 6. Requiring street right of way to be free at all times of vehicles associated with the home 7. Requiring landscaping, buffering and/or screening,of the home occupation from adjoining u3ca Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 10 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 9. Limiting the extent and typc of interior or exterior building remodeling necessary to 10. Limiting or 3etting 3tandard3 for the location and intensity of outdoor lighting; con3truction; 13. Limiting the type and number of vehicles or equipment to be parked or sto cd on the site;and 14. Any other limitations which the Director considers to be necessary or desirable to make the use comply with the purposes stated in Sections 18.715.010 and 18.742.050. D. Cround3 for revocation. The Director may: Section. 2. The Director shall approve the use a3 it exi3t3,revoke the home occupation permit,or compel mca3urc3 to be taken to ensure compatibility with the neighborhood and conformance with this Section after reviewing a complaint. Complaints may be originated by the City of Tigard or the public. Complaints from the public shall clearly state the objection to the home occupation, such its- a. Generation of cxuc33ivc traffic; b. Exclusive u3c of on street parking spacca; E. Ce33ation of home occupation pending review If it i3 determined by the Director in exercise of -- -- -- ---- - -- - --• . - -- - - -• • '- - - - - - - -• - C. Invalidation of permit.A home occupation permit shall become invalid if the applicant moves hi3 or t._.._esid _... ricrrc�xacixc� •1 1 . - - A. Permit requirement. Using.a Type I procedure, a3 governed by Section 18.390.030, the following criteria shall be used by the Director to issue a confirmation of legal nonconforming use: 1. Proof that the use was permitted by this title at the time it was cstabli3hcd, by any of the -fellewiftr n. Copies of building and/or land use permit3 i33ucd at the time the use was established; • c. Demonstration that the use was established before the first development code for the 2. Proof that the use has bccn maintained over time. This includes copic3 of the one or more of the following evidence for every other year from the time the use wa3 established until the current year. Standard evidence that the u3c has bccn maintained over time includes: a. Utility bills; b. Income tax records; c. Bu3ine3s licenses; c.Adverti3emcnts in dated publications,e.g., trade magazines,and/or; f. Building, land use or development permit3. A. Permits required.An applicant who wishes to develop within a sef3itive area, as defined in Section 18.775,must obtain a permit in certain situations. Depending on the nature and inten3ity of the Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 11 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 in Section 18.775.015 D and E.The approval criteria for various kinds of sensitive arcaa, c.g., floodplain, arc presented in SubScction3 B E below. - • _ _ _ _ •• !__- _ _ Y_ __._ a _ - _• _• criteria have bccn satisfied: 1. Land form alterations shall preserve-or cnhancc the floodplain storage function and maintenance construction, substantial improvements and other dcvclopmcnt unless certified by a rcgi3tered areas designated as commercial or industrial on the comprehensive plan land u3c map,cxccpt that support facilities a3 defined in Section 18.120 of the Community Development Code Shall be 3. Where a land form alteration or development i3 permitted to occur within the floodplain it will • accordance with the adopted pede3trian/bicycle pathway plan;unle33 the construction of Said pathway i3 deemed by the Hearings Officer as untimely; 5.The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation 6. The necessary U.S.Army Corps of Engineers and State of Oregon Land Board,Division of State suitablc elevation for the construction of a pede3trian/bicycle pathway within the floodplain in C. With excessive slopes. The appropriate approval authority shall approve,approve with conditions or deny an application request for a sensitive lands permit on slopes of 25%or greater or unstable 1. The cxtcnt and nature of thc proposed land form alteration or development will not crcatc site di3turbancc3 to an extent gr-: - -. - :.:. - - - - ,' preperty; drainage of foundation and crawl space areas for development with any of thc following soil dcpth to bedrock;and d. Where natural vegetation has bccn removed due to land form alteration or development, the a caa accordance with Section 18.745,Landscaping and Screening. all of the following criteria have bccn satisfied: - 1.The extent and nature of thc proposed land form alteration or development will not crcatc site • disturbances to the cxtcnt greater than that required for the use; Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 12 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 S property; 3. The water flow capacity of the drainageway i3 not decreased; not covered by Structures or impervious surfaces will be replanted to prevent erosion in p - , 5. The drainageway will be replaced by a public facility of adequate size to accommodate maximum 6. The neccs3ary U.S.Army Corps of Engineers and State of Oregon Land Board, Divi3ion of State - - - - - - --- _ _-- - -- - - - - - -- - -- -- -- - -- - - -- - _ _ - - - --.- -- - - . •• the floodplain in accordance with the Comprchen3ivc Plan. Thi3 area shall include portion3 of a accordance with the adopted pedc3trian bicycle pathway plan. E. Within wctland3.The Director shall approve, approve with condition3 or deny an application request been 3at13ficd: 1. The propo3cd land form alteration or development i3 neither on wetland in an area designated as 2. The cxtcnt and nature of the propo3cd land form alteration or development will not create Site di3turbanccs to an cxtcnt greater than the minimum required for the u3e; 3.Any encroachment or change in on site or off site drainage which would adversely impact wetland characteristics have been mitigated; 4. Where natural vegetation ha3 been removed due to land form alteration or development, erosion epecic3 in accordance with Section 18.715,Landscaping and Screening; 5.All other 3en3itivc land3 requirements of thi3 Section have been met; 6. The provi3ions of Section 18.790,Tree Removal, Shall be met; and Recreation and Open Space polieic3 of the Comprchen3ivc Plan have been 3ati3fied. A. Sca3onal and Special event3. Using a Type I procedure, as governed by Section 18.390.030, the Director shall approve,approve with condition3 or deny based on finding3 that all of the following red. 1. The u3e occur3 only once in a calendar year and for no longer a period than 30 days; 2. The u3e is permitted in the underlying zoning di3trict; 3. The applicant ha3 proof of the property owner's permission to place the use on his/her property; needed by the property owner to meet hi3/hcr minimum parking requirement, as govcrncd by Section 18.765,Parking and Loading. 5.The u3e will provide adequate vi3ion clearance, as governed by Section 18.795,Vi3ion - - -- - - .. .•. criteria are 3ati3fied: Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 13 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 a 2. The uac of a mobile or manufactured home on a lot with an existing dwelling unit i3 nece3anry to 1. Thcrc ha3 been a 1033 of leasehold occupancy right3 by the applicant due to unfore3ccable circumstances or other hard3hip beyond the fore3ight and control of the applicant; 5. There exi3t3 adequate and safe ingresa and cgrcs3 when combined with the other uses of the V:,...-.1 /"1..-..-.neet 6. There cxist3 adcquatc parking for the customers of the temporary usc as required by Section 18.765, Off Street Parking; 7. The usc will not rcault in congestion on adequate streets; 8. The use will pose no hazard to pedestrians in the area of the we; 9. The we will not create adverse off site impacts including noise, odors,vibrations, glare or lighta which will affect adjoining use,in a manner which other use allowed outright in the zone,would 10. The we can be adequately served by sewer or septic 3y3tem and water,if applicable. C. Temporary sales office or model home. By means of a Type I procedure, as governed by Section 18.390.030, the Director may approve, approve with condition3 or deny the we of any real property within the City as a temporary sale3 office, offices for the purpose of facilitating the sale of real property, or model home in any subdivision or tract of land within thi3 City, but for no other purpose, provided the following criteria arc 3ati3fied: 1. Temporary sales office: of land in which the real property is to be sold; and b. The property to be wed for a temporary sales office shall not be permanently improved for 2. Model houac a. The model houac shall be located within the boundaries of the subdivision or tract of land b. The property to be used for a model houac shall be a permanently designed dwelling D. Temporary Building. Using a Type II procedure, a3 governed by Section 18.390.040,The Director office or apace a3sociated with the primary we on the property,but for no other purpose, providing 1. The temporary trailer shall be located within the boundaries of the parcel of land on which it is located; 2. The property to be used for a temporary trailer shall already be developed; 3. There exists adequate and safe ingresa and egress when combined with the other uses of the Visual Clearance; 4. There exists adequate parking for the customers or wets of the temporary uac as required by 18.765, Off Strcct Parking; 5. The use will not rcault in congestion on adequate streets; 6.The uac will pose no hazard to pedestrians in the area of the uac; Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 14 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 7. The U3C will not create advcr3c off site impacts including noi3c,odors,N4bration3,glarc or lighta which will effect the adjoining uses in a manncr which other u3e3 allowed outright in the zone $. The use can be adequately served by acwer or -:: - -- - -- -•1 - , Z. • 9. The length of time that the temporary building will be used is the maximum needed to addre33 the hardship. - - - - - - - • S. . • approval Standards shall be u3ed by the Director for the issuance of a tree rcmoval permit on sensitive lams 1. Removal of the tree must not have a measurable negative impact on erosion, Soil stability, flow of a. Depo3ita of mud,dirt, sediment or Similar matcrial exceeding 1/2 cubic foot in volume on public or private strecta,adjacent property,or into the Storm and surface water system,either - - - : - . . -: ': .- : -- : - bare Soils; turbid or Sediment laden flows; or evidence of on site erosion such as rivulcts on bare soil slopes where the flow of water is not filtered or captured on site using the techniques of Section 5 of the Washington County Unified Sewerage Agency Environmental Protection and Erosion Control rulcs. 2. Within stream or wetland corridors, a3 defined as 50 feet from the boundary of the Stream or wetland, tree removal must maintain no lesa than a 75% canopy cover or no less than the existing canopy cover if the existing canopy covcr i3 less than 75%. B. Effective date of permit.A tree removal permit shall be effective for one and one half yearn from the date of approval. C. Extenaion. Upon written requeat by the applicant prior to the expiration of the existing permit, a tree removal permit shall be extended for a period of up to one year if the Director finds that the applicant i3 in compliance with all prior conditions of permit approval and that no material facts stated in the original application have changcd.■ Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 15 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • Section 18.390 DECISION-MAKING PROCEDURES 18.390.080 General Provisions E. Director's duties. With regard to processing applications submitted under this Section, the Director shall: 3.Accept all development applications which comply with the provisions of Section 18.380.080 C3 18.390.080.D.3. 18.390.050 Type III Procedure C.Notice of hearing. 1. Mailed notice.Notice of a Type II Administrative Appeal hearing or Type III hearing shall be given by the Director in the following manner. a. At least 20 days prior to the hearing date, notice shall be sent by mail to: (1) The applicant and all owners or contract purchasers of record of the site which is the subject of the application; (2) All property owners of record within 500 feet of the site; (3) Any affected governmental agency which has entered into an intergovernmental agreement with the City which includes provision for such notice, or who is otherwise entitled to such notice; (4) Any City-recognized neighborhood group i _ • . .•• • •• • acrd whose boundaries include the site; (5) Any person who has submitted a written request, and who has paid a fee established by the City Council; and (6) In actions involving appeals, the appellant and all parties to the appeal. • 18.390.060 Type IV Procedure D. Notice of hearing. 2. Notification requirements. Notice of the public hearings for the request shall be given by the Director in the following manner. a. At least ten days prior to the scheduled hearing date, notice shall be sent to: (1) The applicant; (2) Any affected governmental agency; (3) The individual recognitied by the affected CIT as the official contact person Any City-recognized neighborhood group whose boundaries include the site;and (4) Any person who requests notice in writing and pays a fee established by Council resolution. Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 16 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 ' • Section 18.430 SUBDIVISIONS 18.430.030 Approval Process B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Section 18.390, using approval criteria contained in Section 18.130.080 18.430.070 • Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 17 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 0 0 Section 18.520 COMMERCIAL ZONING DISTRICTS TABLE 1S.52O.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N`°1 C-C41 C-G C-P CBD MUE`tl MUC-1 MUC57- MUE ML-R 1 and 2i2s 1 and 1m RESIDENTIAL Household Living N Rlel RI") R°I R' R12'p P11'1 P P P Group Lining N N C N P N C R'`";`C Rt"t/C R'"4C Transitional Housing N N C N C N C C C C Home Occupation Rt'l RI'i PP Rt'll Rill R121 P R1=1 RI'l RI21 HOUSING TYPES Single Units,Attached N/A N/A N/A N/A N/A N/A N/A R1"'1 RI" P Singe!Units,detached N/A N/A N/A N/A NIA N/A NIA Rl P'll Rt'"I R13h' Accessory Units N/A N/A N/A N/A N/A N/A N/A Rl*'1 R 'I RI"/ Duplexes N/A N/A N/A NIA N/A N/A N/A RI'l Rl"1 P Rlulti-€amity Units N/A NIA N/A N/A N/A N/A N/A P P P Manufactured Units N/A N/A N/A N/A N/A N/A NiA N N N Mobile Home Parks.Subdivisions N/A NA N/A NiA N/A NIA N/A N N N CIVIC(INSTITUTIONAL) Basic Uaiities C N N C C C C C1'`1 dui CI1:1 Colleges N N N N N C C C C C Community Recreation N P N N P C N P C C Cultural Institutions P P P P P P P P P N Day Care P P P P P P P P P P/Ct"I Emergency Senices P P P P P P P P P N Medical Centers C N C C C C C C C C Postal Senice P P P P P P P P P N Public Support Facilities P P P P P P P P P P Relieious Institutions C C P c P P P P C Schools N N N N N C C C C C Social/Fraternal Clubs/Lodges C C P P P P P P P C COMMERCIAL Commercial Lodging N N R1"1 P P P P N Eating and Drinking Establishments C P P Rl"1 P P P P P Rlwasl Commercial Zoning Districts 18.5) i Coda Dare: 10/0: Amendments: Existing: "C" (conditionally permitted) Proposed: "P" (Permitted Outright) • Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 18 OF 32 - Development Code Amendment . DCA2009-00003 5/6/2009 18.520.030 Uses C.Accessory structures. 1. Accessory structures are permitted in all commercial ',ones providing the site is still in compliance with all development standards, including but not limited to setbacks, height, lot coverage and landscaping requirements, of the base zone. All accessory structures shall comply with all requirements of the — ' . '-- : •- . State Building Code All accessory structures except those less than 120 square feet in size require a building �, TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES • Footnote [13J e, ! ., ... . „ • • • Footnote 121] Multi family residential, at 25 units/gross acre, allowed outright. Pre-existing detached and attached single-family dwellings are permitted outright. TABLE 18.520.1 USE TABLE:CO\AffRCIALZONES USE CATEGORY C-Nti C-Cpl C-G C'-P CBD 1Il-Et'M s11C-1 MVO', SlUE 11UR 1 and 21re4 1 and 2}u) DeteunonFacilites V N C N C N N Heliports N N C C C N N ].Inane N _N N N N N N Wireless Communication Facilities P.+P.1'l PrRt'1 PrRt'I PrRt't P.R'•'tl _PAR" P�P.'-'1 Rail LitteaUtihty Corridors P P P P P P P Other Ci' C'ta1 _NA NA C'�i NA NA P=Permitted R=Restricted Cdbnditicnal Use N=Not Permitted [I] AB peered and conettaal uses subject to maul daelopmeet stoodads tmtemed to Section 11.520050.A (2) Permed vet).:.to reamer-ems Chapter 172x2. [3) 5.4 Cbepc 11.701 n-tttese 7o -oel0auao Faoheeo.ress:aarna far germinal and rammed faa:tras [a] net ape::g be fore 7.+10 AM anew after 10120 P2.1 n caotsoeu [5) AB pe:sred.thawed and cmdraeal cut most meet spat developses scandals te Sec tool 5:00508 [5) Ra:deanal wits marred by ugh as amaed use mwcpacdoc wit a comes:al developmeavona abort de second floor of the saucese.c dssmet not to awed l:um.;eel tote_ [7] Lotted to 10.000 gross sauce feet in sae.eeeept real food and beverage outlets.wtxh ate hated to 42.700 gross square feet co lees. [I] Looted to mots relate amnia;only. [9) W hen csto e.dn scpe swarm.each separate awShahsn:Ala tot exceed 5.000 core Kum feet (10)Om apetaag before 600 AM maim after 1100011:ertive-vp w-.m5ows ore coniemal wen (11)A sitgte-fomlr toot ptesstof:Tit t n laced ors the same sire wit a penned m cmdmo J tum m red u osupied erautaely by a cedeuker or sups nsNr_t of the gemmed a continual us* Mini-f by b..rhg n palmed as pen of a PD.tnyect to Chapter II 370. (12)Cleamg.sales and repair ofsone aLcbs¢d lgtt equipment ispe teloumgtt.sues andteeal car heart vehicles tad far.emmxt wei r storage of reeomeoual maths aodboott armed mdinonally. (13]Matt-frJ0 reudecitl wan.developed at ROD umodels,as e nixed-use he arc name with comma)develagnem an to above 6u owed Dom of the mama.only in the C-;Donn end a Ore Ttgcd Toot m4 1)04 Macoo Rai tuna (14)Patwezet permed nit sauna.n sue in co,000n net and an the stmt parcel as a notate}toigmg use. (IS)As aareuotu to offices Of oter M nth d uses.the total spate devoted to a cambtaoon of rettul saves and eatog'dnuker;aubtshnecrs may cm totted more that 205:of the emire square forage wthoe to deelopmeavc=;Lm [16)May not exceed 10`:of the toad a footage wihm to office coeodos. (I7)Smg:e-temty arached and cult-Eatery residence}raw de+etop d et R412 surda:ds.'Inept de area bounded by Frr0o Creek.Nall Boulevard.O'Mara.Ash Avenue and Bill Sweet net:n otch property toned for COD development at:t shall be Caudated P.-12 PD and shalt be developed as;Lazed develapmen n conformance w:6 the 9.-12 beret made-Ids 17 Momtaehxlt cleamg My. 19 Dme.ro amdooes puan:edeandm00elly. (29 At p entmced and coudcooat uses subject m tpasl develogm stadnds roamed to Secnool3 520.050.C. (20 Min-f.ely,:ode:ial.ar 23 tens grure ace.allowed mega Pe-es:stag douched sog:e-tamely dweBxgs ere gemmed mica. [2:)New Rem:end sates ma may rat mad 10.000 gross leasable area per t-itag onto the W 'ammgso Swam.P.eaaral Center or T:tcd Te.mtfa mart for thou toot awed CL or do tree the MLLE:mg dnn[ct was adopted to the Tripod Trranae. [23)All scan e°aasoeatd tat Dos use except employee ad animas loathing.that be counted 05th a Ga:Ltuga. (24);ermined as amecury to a permioid use as long as than use is comaaed nett the same taddng as to permed use.and does cot cooed to door ate'of the pernanad use. [25)?armor}tevrded the ea is or Urger ter 60.000 qua fat of Foss dam urea petb+atdag s bottom (26)Household Inv;laomted to smile one.meted.end n:dt.faxlr ash,' tut rot la.reG eo ap.rsean.ctache coxtrt rro e,.merchants and rowbana art nmu ma Gamy of 25 dweDef aloe pm acre fed • vain dean d 50 teethe;eon per.are [27)Wireless ovty a washed as suer warm height hoes set Chapter 11.793. [27)AB Permed end Conteocal Hies wtyea to maul d000topmem nem.ra caromed to 11 630 [29)C-rwp Leg tot Or,or fewer mean pett0:0ei tynem pot;hrcgeatrsr tor.re:.f,tt pmaned at coedtaral ore (32)he rtes.;9 b00000 urea pecmatd Coevowa,ofpra-mvu:ag hmsmg corm to other eras a rut3at or the teq¢-emsn of Chapter 11 330. ti • 18.520.040 Development Standards A. Compliance required.All development must comply with: Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 19 OF 32 Development Code Amendment DCA2009-00003 • 5/6/2009 • 1. All of the applicable development standards contained in the underlying _zoning district, except where the applicant has obtained variances or adjustments in accordance with Sections 18.310 and 18.320 18.370; • Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 20 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • S Section 18.705 ACCESS, EGRESS, AND CIRCULATION 18.705.030 General Provisions L Director's authority to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: 4.A decision by the Director per 18.705.030 K L 1.-3. above may be appealed by means of a Type II procedure, as regulated by Section 18.390.040, using criteria contained in Section 18.370.020 C3. (Ord. 06-20, Ord. 02-33) 18.705.030 General Provisions J. Minimum access requirements for commercial and industrial use. 1. Vehicle access, egress and circulation for commercial and industrial use shall not be less than 2 as provided in Table 18.705.3; 1. Vehicle acres',egress and circulation for commercial and industrial use shall not be less • thuu?i-as pro ided in Table 18.705.3; TABLE 18.705.3 VEHICULAR ACCESS/EGRESS REQUIREMENTS: COMMERCIAL.AND INDUSTRIAL USES Required Parking Minimum Number of Minimum Access Minimum Pavement Spaces Driveways Required Width 0-99 1 30' 24' curbs required 100+ 2 30' 24' curbs required or 1 50' 40" curbs required Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 21 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 M S Section 18.715 DENSITY COMPUTATIONS 18.715.020 Density Calculation A. Definition of net development area. Net development area, in acres, shall be determined b subtracting the following land area(s)from the gross acres, which is all of the land included in the legal description of the property to be developed: . 3.All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: b. Multifamily development: allocate 15% of gross acreage or deduct the actual private drive area. 18.715.030 Residential Density Transfer B. Underlying development standards.All density transfer development proposals shall comply with the development standards of the applicable underlying zoning district unless developed under the provisions of Section 18.910 18.350, Planned Development. (Ord. 06-20) Section 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 18.730.020 Exceptions to Building Height Limitations C. Building heights and flag lots. 2. The maximum height for an attached or detached single family, duplex, or multiple family residential structure on a flag lot or a lot having sole access from an accessway,private drive or easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2-1/2 stories or 4-530 feet, whichever is less,provided: Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 22 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 0 e . . .. 18.765Off-Street Parking and Loading Requirements Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirement. wile 18.766.2\rr-i,+ra^n and Maim' r" Required Of:trees Vehicle sad Bicycle Parkin;Regtdremenc.(Coat.) lD:1I3nat ZONE A ZO•\YB BICYCLER I •Mom Vehicle Relined 15521.r,Eiab:1oSdovEscia] ]!.±•:,000 but nol Ur=4.0 1.}t1.0..tbmtDa Lea lna4-0 2.Ot];.G0 Ira ce1Dz razz 4.0 0.2/1,000 slatd:aa A!mx Valcclo i:rs irs'P.scsr '2_01,000 btu colas thr 4.0 2.311,0Y1but xrD Ea::zlim 4_0 2.6'1I�i01='LC,la:s ratlE14.0 0.211,000 Valcla Rol Sea 3.0i-:2.12(scctica 3,ay 4.0=2.0/6 re:a tav 4.O1+2_10:er::c:bi: 0.211,000 Office '}7,:.000 i 3.4s1.0 0(]ri) 4.]r]„to0 c‘.1) 0.91.000 'Medical I Dental Officel 3.9n:,000(1Ji) 4.911,0 00(?.l) 3.9,'1.000(M) 0.44,000 Sa a i:a 5t 1!x4 stair:hi n 1.0■4:tasapt m,rz 1.0'2 abcxaa:zris 1.0((40 stanza-a=3 l:cc.4rc;:an•. iSrs at:a =UP axo =DS, LtiDLcSTl JAL`• Inr .:taist]Senice: 01'1.000 F.2(1,0)) 1.0]!:60 0_111.000 Manyiaanrino an. • odactioa L:s :aa 1_6:.000(NI) can: axa 0111,000 Gaasral bivaral 1.6':.00D(M) . cnu a= 0.111.000 liaa ylc,ta:ssl 141,000(!.1) cam ttxa O.ItI,OD4 , • Radrasdlards axa =IN. ttxO arm Research and De . • ,. 4 2.61.000 3.011,0)0 31'11300 05,1.000 WaTetxcr•.e rr chat 13- •as s,1 5D.000 s4&G.SA,a:o 0.all,00) 111-000 0 111.000 ..150000 sa It 0.3QIa.0(\fi 0.411,'7 0.11 0.5x1-000(tik) R'x;ta-Related 5-0 7.0 10.0 szca Sa'hole:ale Silts C5ti,00D 1.2s1,058a 1.8'11:40 0.111,000 • Of4mretParEggsndLcatrin-gR :•:. .inserts 18_'63-38 SSE 4275 • Proposed Text: Medical / Dental Office 18.765.030 General Provisions G. Disabled-accessible parking. All parking areas shall be provided with the required number of parking spaces for disabled persons as specfied by the . • r e • - . -- Building-Eedc State Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. 18.765.040 General Design Standards D. On-site vehicle stacking for drive-in use. Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 23 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • • • ! 2. The Director may reduce the length of the inbound stacking lane by means of a adjustment to be reviewed through a Type I procedure, as governed by Section 93.320.300 18.390.030, using approval criteria contained in Section 18.370.020.C.5.g. 18.370.020.C.7.g. 18.765.070 Minimum and Maximum Off-Street Parking Requirements F. Reductions in minimum required vehicle parking. Reductions in the required number of vehicle parking spaces may be permitted as follows: 3. The Director is authorized to reduce up to 10%of existing required parking spaces at a conversion ratio of one parking space for each 100 square feet of transit facilib)for developments which incorporate transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or other transit-related facilities through a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 98.370.020.C.S.c: 18.370.020.C.7. Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 24 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • Section 18.775 SENSITIVE LANDS 18.775.090 Special Provisions for Development within Locally Significant Wetlands and Along the Tualatin River, Fanno Creek,Ball Creek, and South Fork of Ash Creek A. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources)and the safe harbor provisions of the Goal 5 administrative rule (OAR 666-023-0030)pertaining to wetlands, all wetlands classified as significant on the City of Tigard "Wetlands and Streams Corridors Map"are protected. No land form alterations or developments are allowed within or partially within a significant wetland, except as allowed/approved pursuant to Section 18.775.130 or construction of streets and utilities within existing rights-of-way or expanded rights-of-way to City standards. This does not apply to new streets. 18.775.020 Applicability of Uses:Permitted, Prohibited, and Nonconforming C. Exemptions. When performed under the direction of the City, and in compliance with the provisions of the City of Tigard Standards and Specifications for Riparian Area Management, on file in the Engineering Division, the following shall be exempt•from the provisions of this Section: 5. Routine maintenance or replacement of existing public facilities projects or construction of streets and utilities within existing rights-of-way or expanded rights-of-way to City standards. This does not apply to new streets. 18.775.020 Applicability of Uses:Permitted, Prohibited, and Nonconforming E.Administrative sensitive lands review. 1. Administrative sensitive lands permits in the 100 year floodplain, drainageway, slopes that are 25% or greater, and unstable ground shall be obtained from the appropriate community development division for the following: a. The City Engineer shall review the installation of public support facilities •• - • -• . • _ _ by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Section; Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 25 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • • Section 18.220 ZONING ADMINISTRATION 18.220.020 Zoning District Map A. Consistency with zoning map. The boundaries of each of the foregoing districts as listed in Table 18.220.1 Section 18.500 and the zoning classification and use of each tract in each of said toning district is perceived to coincide with the identifying zone classification shown on the map entitled `Tigard Zoning District Map'; dated with the effective date of this title retained by the City Recorder and referred to as the "zoning district map." Said map by this reference is made a part of this title. A certified print of the adopted zoning district map or map amendments shall be maintained in the office of the Planning Division as long as the code remains in effect. • Development Codc Narrative Final City of Tigard Omnibus Code Amendment PAGE 26 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • • Section 18.310 SUMMARY OF LAND USE PERMITS 18.310.020 Summary of Land Use Permits A. Summary Table. The table summarising the decision-making procedure and substantive approval requirements of each land use permit and related action is presented in Table 18.310.1 below: TABT.R 18.310.1 SUMMARY OF LAND USE PERMITS AND RELA1 ED ACT IONS - Decision-Making Approval Other Development Land Use Permit/Action Type Criteria Regulations Sensitive Lands ,18.775.020.E • Within 100-Year Flood Plain III-HO 18.775.070B A 775 • With Excessive Slopes I II,III-HO' 1S 775.070C K'75 • Within Drainage Ways II, I-HO' 18.775.070D .18.775.020.E 7. 75 • Within Wetlands II, 01-H03 18.775.070E 8.i 5 Sighs • v Existing {Development Standards for Each • Modification of Existing {Sign Type,per 18.780 • Temporary I 18.780.100 Temporary Uses • Seasonal/Special Events I 18.785.040A 18.78• • Emergency I 18.785.040B 18.78. • • Temporary Sales Offic•/Home I 18.785.040C 18.78: • Temporary Building I 18.785.040D 18.755 Tree Removal I 18.790.050A 18.790 1VaterBecourtec Over { Peuuined lJ ea v iih Mi[iealivti I 48-797.060A-L jt3.797 1 PernnttPd uses ,iMInpatinti _ _ Ph,Alteuialicr 1118:79J.06013-;1118:79J.06013-; 48.797 Conditional I Pd Tn-H03; II tt 797 060R-11 11 11 7971 Land Division • I I I Delete Section , 18.775.020.E 4 Add footnote [4]: Type I procedures are reviewed with criteria of 18.775.020.E Type II and III procedures are reviewed with criteria 18.775.070.B. Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 27 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • •• Section 18.510 RESIDENTIAL ZONING DISTRICTS 18.510.060 Accessory Structures A. Permitted uses.Accessory structures are permitted by right in all residential zones subject to the following: 2. Non-dimensional requirements: b. An accessory structure shall comply with all of the requirements of the — . '. _ State Building Code All accessory structures except those less than 120 square feet in size require a building 18.510.020 List of Zoning Districts H. R-40: Medittfit—High-Density Residential District. The R-40 zoning district is designed to accommodate existing housing of all types and new attached single family and multifamily housing units with no minimum lot size er otamitmtm-deffsity.A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 28 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • • SECTION 18.640 DURHAM QUARRY DESIGN STANDARDS 1 5.670.070 Reserved 18.640.070 Signs A. In addition to the requirements of Section 18.780 of the Development Code, the following standards shall be met: 1. Zoning District regulations. Residential only developments within the MUC-1 shall meet the sign requirements for the R-40 zone Section 18.780.130.B; non residential development within the MUC-1shall meet the requirements of the C-P zone, Section 18.780.130.D. 2. Sign area limits. The maximum sign area limits found in Section 18.780.130 shall not be exceeded, no area limit increase will be permitted. 3. Height limits. The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not extend above the roof line of the wall on which the signs is located. No height increases will be permitted. 4. Sign location. Freestanding signs within the Durham Quarry shall not be permitted within the required L-1 landscape areas. Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 29 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 a i Section 18.710 ACCESSORY RESIDENTIAL UNITS 18.710.020 Standards B. Limitations. An accessory residential unit is permitted providing there is compliance with all of the following standards: 3. The number of residents permitted to inhabit the accessory residential unit is regulated by the . E .. State Building Code; Section 18.742 HOME OCCUPATIONS 18.742.040 General Approval Criteria and Standards A. General criteria. All home occupations except those that have proven nonconforming status shall observe the following criteria in addition to the standards established for Type I and Type II Uses described in Section 18.742.050 of this Section. 5. A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit. Any accessory building that is used must meet - • : 5 •;• • State Building Code requirements; Section 18.745 LANDSCAPING AND SCREENING 18.745.050.E. Screening:special prvvirions. 3. Screening of swimming pools. All swimming pools shall be enclosed as required by . 5 . • State Building Code; • 18.745.040 Street Trees G. Granting of adjustments. Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section 1 Q 37n 020 C t-, 18.370.020.C.6.b. Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 30 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • SECTION 18.798 WIRELESS COMMUNICATION FACILITIES 18.798.060.B. Review criteria. Any use subject to review per Section A above, shall be evaluated using the following standards: 3. Setbacks: Towers shall be set back from the property line by a distance equal to the height of the tower.A Type II adjustment may be obtained to reduce this setback, subject to criteria of approval contained in Section 18.370.020.C.&a10 Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.080 Exceptions to Standards 18.360.080 Exceptions to Standards D. Exceptions to landscaping requirements. The Director shall may grant an exception to the landscaping requirements of this code, Section 200, 18.360.070.B.4 upon finding that the overall landscape plan provides for at least 20 of the gross site to be landscaped. 18.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or major • modification of an approved plan or existing development, as defined in Section , 18.360.020A shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 31 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • /T1 Section 18.410 LOT LINE ADJUSTMENTS 18.410.040.A Approval Criteria 4. With regard to flag lots: b. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.949-.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. Section 18.760 NONCONNFORMING SITUATIONS 18.760.040 Criteria for Nonconforming Situations D. Nonconforming use of structures 2. If a single structure or a structure and premises containing a number of lawful uses (except for a single accessory structure) existed as of March 16, 1983, and those uses would not be allowed in the toning district in which they are located, or which are nonconforming because of inadequate off-street parking, landscaping or other deficiency (under the terms of this Section or amendment thereto), the lawful uses may be continued so long as they remain otherwise lawful, subject to the following provisions: e. When the use of the structure, including all uses, is discontinued or abandoned for three months, the structure and premises shall not thereafter be used except in full conformity with all regulations of the zoning district in which it is located. For purposes of this Section, a use -••- , • Development Code Narrative Final City of Tigard Omnibus Code Amendment PAGE 32 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 t. II • PRE-APPLICATION CONFERENCE REQUEST th' City of Tigard Permit Center 13125 SW Hall Blvd., Tigard, OR 97223 '. T1—O R EY. Phone: 503.639.4171 Fax:503.598.1960 GENERAL INFORMATION Applicant: City of Tigard FOR STAFF USE ONLY Address:13125 SW Hall Boulevard Phone: 503.639.4171 City:Tigard Zip: 97223 Case No.: Receipt No.: Contact Person:Dick Bewersdorff,Markus Mead Phone: 503-639-4171 Application Accepted By: Property Owner/Deed Holder(s):N/A Date: DATE OF PRE-APP.:04.20.2009 TIME OF PRE-APP.:3:30 PM Address: Phone: PRE-APP. FIELD WITH:Darren Wyss,Markus Mead, City: Zip: Hap Watkins,Cheryl Caines,Dick Bewersdorff,Gary Pagenstecher Rev.7/1/07 Property Address/Location(s): Citywide Pre-App_Form_Comp_Plan_Amend_07.02.2007_Fin al REQUIRED SUBMITTAL ELEMENTS (Note: applications will not be accepted Tax Map&Tax Lot#(s):N/A without the required submittal elements) ® Pre-Application Conf. Request Form Zoning:N/A 5 COPIES EACH OF THE FOLLOWING: Site Size:N/A ® Brief Description of the Proposal and. any site-specific questions/issues that you would PRE-APPLICATION CONFERENCE INFORMATION like to have staff research prior to the meeting. All of the information identified on this form are required to be submitted by ❑ Site Plan. The site plan must show the the applicant and received by the Planning Division a minimum of one (1)week proposed lots and/or building layouts drawn prior to officially scheduling a pre-application conference date/time to allow to scale. Also, show the location of the staff ample time to prepare for the meeting. subject property in relation to the nearest streets; and the locations of driveways on the A pre-application conference can usually be scheduled within 1-2 weeks of the subject property and across the street. Planning Division's receipt of the request for either Tuesday or Thursday ❑ Vicinity Map. mornings. Pre-application conferences are one (1) hour long and are typically held between the hours of 9:00-11:00 AM. • ❑ The Proposed Uses. ❑ Topographic Information. Include Contour PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN Lines if Possible. PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM 8:00-4:00/MONDAY-FRIDAY. ❑ If the Pre-Application Conference is for a MONOPOLE project, the applicant must IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE attach a copy of the letter and proof in the PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE form of an affidavit of mailing, that the INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM collocation protocol was completed (see ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE Section 18.798.080 of the Tigard Community GROUP. Development Code). • ❑ Filing Fee$370.00 1•\C11RPI.N\Setun\T)C'A\IX'A-2009U)CA2009-00003 Omnibus Flnnsekeenino\Tigard land Tice Review Materialc\Pre-Ann Materials\T)C A2009-00001 Pre- 40, S • a Pre-Application Notes for Development Code Amendment Omnibus Amendment— Housekeeping Items To Update and Reconcile the Development Code With Its Content. Planning Staff: Darren Wyss, Markus Mead, Hap Watkins, Cheryl Gaines, Dick Bewersdorff, Gary Pagenstecher Date: April 20, 2009 Applicant: City of Tigard Agent: Markus Mead Type of Permit: Development Code Amendment Property Location: Citywide _ Tax Map/Lot No.: N/A Project History Over the past several years, staff has collected Development Code items which are inconsistent and/or need clarification.There are approximately 150 total items. Staff has compiled these and grouped them by complexity. Those that are less complex (such as scrivener's errors and inconsistent references) have been placed into the Omnibus Package and are the subject of this proposal. The remainders have been grouped by Development Code Chapter and will be brought to the Planning Commission on a by-Chapter basis.As the City has recently completed the significant task of updating the Comprehensive Plan policies, one of the next tasks is to align these policies with the implementing ordinances to make the Code more clear and objective. Proposal Description: The "Omnibus package"is the first step to addressing the Development Code amendment list items.The Omnibus Package items are proposed to make the code consistent,more clear and objective and to promoting the general health, safety and welfare of the public, to set forth the standards and procedures governing the development and use of land in Tigard and to implement the Tigard Comprehensive Plan. The City is requesting approval of thirty seven Development Code Amendments to promote consistency in the Code Sections. These"housekeeping"items are from Code Chapters: Chapter 18.120 Definitions: 18.780.015.A.7 "Bench Sign; 18.120.030.A.4. "Accessory Building Or Structure"; 18.120.030.A. 54."Density"; 18.120.030.A.116-2. "Public Support Facilities". Pre-application Notes Final City of Tigard Omnibus Package Amendments PAGE 1 OF 5 DCA2009-00003 5/6/2009 • Chapter 18.780 Signs: I8.780.015.A.8. "Billboard"; 18.780.020.0 Compliance With UBC; 18.780.070.B.; Unsafe Signs Or Improperly Maintained Signs. Chapter 18.330 Conditional Use: 18.330.020 E. Approval Period. Chapter 18.350 Planned Developments: 18.350.070.A. Detailed Development Plan Approval Criteria. Chapter 18.385 Miscellaneous Permits (entire Chapter). Chapter 18.390 Decision-Making Procedures: Chapter 18.390.080.E. Director's Duties. Chapter 18.430 Subdivisions: 18.430.030.B. Review Of Final Plat. 18. 520 Commercial Zoning Districts: Table 18.520.1 Use Table, Commercial Zones; 18.520.030.C.1.Accessory Structures. Chapter 18.705 Access, Egress,And Circulation: I8.705.030.L. Director's Authority To Restrict Access. Chapter 18.715 Density Computations: 18.715.020.A. Definition Of Net Development Area. Chapter 18.730 Exceptions To Development Standards: 18.730.020.C. Building Heights And Flag Lots. Chapter 18.740 Historic Overlay: I 8.740.020.B.I.Designated Activities. Off-Street Parking And Loading Requirements: Table 18.765.2 Minimum And Maximum Off—Street Vehicle And Bicycle Parking Requirements; 18.765.030.G. Disabled-Accessible Parking. Chapter 18.775 Sensitive Lands : 18.775.090.A Special Provisions For Development Within Locally Significant Wetlands And Along The Tualatin River, Fanno Creek, Ball Creek,And South Fork Of Ash Creek. Chapter 18.220 Zoning Administration: 18.220.020.A Consistency With Zoning Map. Chapter 18.510 Residential Zoning Districts: 18.510.060 Accessory Structures; 18.510.060.A. Permitted Uses. Chapter 18.640 Durham Quarry Design Standards: Pre-application Notes Final City of Tigard Omnibus Package Amendments PAGE 2 OF 5 DCA2009-00003 5/6/2009 • 18.640.070 Signs. Chapter 18.710 Accessory Residential Units: 18.710.020.B. Limitations. Chapter 18.742 Home Occupations: 18.742.040.A. General Criteria. Chapter 18.745 Landscaping And Screening: • 18.745.050.E. Screening: Special Provisions. Chapter 18.798 Wireless Communication Facilities: 18.798.060.B. Review Criteria. Chapter 18.360 Site Development Review: 18.360.080.D. Exceptions To Landscaping Requirements; 18.360.030. A. New Developments And Major Modifications. 18.760 NonConforming Situations: 18.760.040.D Nonconforming use of structures 18.410 Lot Line Adjustments 18.410.040.A.4.b Approval Criteria With regard to flag lots. Comp Plan Designation/Zoning: The proposal is a Development Code Text amendment it is not applicable to a specific property or group of properties. It is to align the various Chapters with themselves. Neighborhood Meeting: A neighborhood meeting is not required for a legislative text change to the Comprehensive Plan or Development Code. Narrative: Applicable review criteria shall be addressed as part of the staff report. Submittal Information: • Land Use Application • Written Summary of Proposal • Mailing List • Pre Application Notes Required Hearings: Two hearings, one before the Planning Commission for recommendation and one before the City Council for adoption. Review Criteria: Tigard Community Development Code Chapter 18.380 and 18.390,Type IV Procedure. • Pre-application Notes Final City of Tigard Omnibus Package Amendments PAGE 3 OF 5 DCA2009-00003 5/6/2009 • Tigard Comprehensive Plan Policies: Goal 1: Citizen Involvement, Goal 2:Land Use. Metro Functional Plan Statewide Planning Goals 1 (Citizen Involvement),2 (Land Use Planning) • Pre-application Notes Final City of Tigard Omnibus Package Amendments PAGE 4 OF 5 DCA2009-00003 5/6/2009 411 110 Decision Timeline: Generally about 4 months from receipt of a complete application. The 120 day rule is not applicable to legislative changes. Pre-application Conference Discussion Items: 1. Applicable state,regional and local criteria. 2. Amendment Item organization. Overall structure will be to create an omnibus package with "housekeeping items" and to group the other code changes by Development Code Chapter. 3. Planning Commission and City Council timeline and scheduling: The PC workshop is scheduled for June 1 and the PC Hearing for June 15. 4. Internal review coordination. • 5. City department coordination. 6. Staff Report Structure: Include a short history of why the change is requested is sufficient for unique changes. Some changes may be grouped into headings such as "clarifications". The Staff Report will have a section describing the overall criteria such as public notice/involvement and process. The staff report will mention the other amendment categories as future efforts. 7. Timeline: DLCD notice out by the end of April. Send out Request for Comments early to receive them early. Prepared by: Markus Mead Long Range Planning Intern April 20, 2009 File:I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\Tigard Land Use Review Materials\Pre-App Materials\DCA2009-00003_Pre-app_Conference_Notes_04_14_2009_Draft.doc • • Pre-application Notes Final City of Tigard Omnibus Package Amendments PAGE 5 OF 5 DCA2009-00003 5/6/2009 1. Pre-Application Narrative City of Tigard Development Code Amendment — Omnibus TIGtRD .l t^b "Housekeeping" Items APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Contact: Dick Bewersdorff OWNER: N/A LOCATION: Citywide (City of Tigard) ZONING DESIGNATION: All City zoning designations. COMP PLAN: All City Comp Plan designations. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130, 18.380, 18.390 and 18.775 Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2: Land Use Planning; Metro Functional Plan: Metro Code Sections 3.07, Urban Growth Management Functional Plan; Statewide Planning Goals 1, 2; PROPOSAL: The City is requesting approval of forty seven Development Code Amendments to promote consistency among the Code Sections. These "housekeeping" items are from Code Chapter 18, Sections:120 Definitions; 18.780 Signs; 18.330; Conditional Use;18.350; Planned Developments; 18.385 Miscellaneous Permits; 18.390 Decision-Making Procedures; 18.430 Subdivisions; 18.520 Commercial Zoning Districts; 18.705 Access, Egress, And Circulation; 18.715 Density Computations; 18.730 Exceptions To Development Standards; 18.740 Historic Overlay; 18.765off-Street Parking And Loading Requirements; 18.775 Sensitive Lands; 18.220 Zoning Administration; 18.510 Residential Zoning Districts; 18.640 Durham Quarry Design Standards; 18.710 Accessory Residential Units; 18.742 Home Occupations; 18.745 Landscaping And Screening; 18.798 Wireless Communication Facilities; 18.760 NonConforming Situations; 18.410 Lot Line Adjustments; 18.360 Site Development Review. Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 1 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 BACKGROUND INFORMATION Project History Over the past several years, staff has collected Development Code items which are inconsistent and/or need clarification. There are approximately 150 total items. Staff has compiled these and grouped them by complexity. Those that are less complex (such as scrivener's errors and inconsistent references) have been placed into the Omnibus Package and are the subject of this proposal. The remainders have been grouped by Development Code Chapter and will be brought to the Planning Commission on a by-Chapter basis. As the City has recently completed the significant task of updating the Comprehensive Plan policies, one of the next tasks is to align these policies with the implementing ordinances to make the Code more clear and objective. Proposal Description The"Omnibus package" is the first step to addressing the Development Code amendment list items. The Omnibus Package items are proposed to make the code consistent, more clear and objective and to promoting the general health, safety and welfare of the public, to set forth the standards and procedures governing the development and use of land in Tigard and to implement the Tigard Comprehensive Plan. The City is requesting approval of forty seven Development Code Amendments to promote consistency in the Code Sections. These."housekeeping" items are from Code Chapters: • 18.120 Definitions; • 18.780 Signs; • 18.330 Conditional Use; • 18.350 Planned Developments; • 18.385 Miscellaneous Permits; • 18.390 Decision-Making Procedures; • 18.430 Subdivisions; • 18.520 Commercial Zoning Districts; • 18.705 Access, Egress, And Circulation; • 18.715 Density Computations; • 18.730 Exceptions To Development Standards; • 18.740 Historic Overlay; • • 18.765off-Street Parking And Loading Requirements; • 18.775 Sensitive Lands; • 18.220 Zoning Administration; • 18.510 Residential Zoning Districts; • • 18.640 Durham Quarry Design Standards ; • 18.710 Accessory Residential Units ; • 18.742 Home Occupations; • 18.745; Landscaping And Screening; • 18.798 Wireless Communication Facilities • 18.760 NonConforming Situations; • 18.410 Lot Line Adjustments. Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 2 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • • 18.760 NonConforming Situations; • 18.360 Site Development Review. (Bold and underline text indicates proposed new language and strip indicates language proposed to be deleted.) City of Tigard Notice of Proposed Amendment Attachment 1: Amendment Language: DCA2009-0003 Omnibus Code Amendment — Housekeeping Items (Bold and underline text indicates proposed new language and indicates language proposed to be deleted.) SECTION 18.120 DEFINITIONS 18.780.015 Definitions A. Definitions. As used in this title, unless the context requires othenvise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions, and are as follows: 7. `Bench sign"means a bench designed to scat people which carries a written or graphic message; means a bench designed to seat people with a sign painted or affixed on the surface. 18.120.030 Meaning of Specific Words and Terms A. For additional words and terms, also see Use Classifications (Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755); Sensitive Lands (Section 18.775); Signs (Section 18.780); Tree Removal (Section 18.790); and Wireless Communication Facilities(Section 18.798).As used in this title, the following words and phrases mean: 4. `Accessory building or structure"-A fr�eestarrdivg structure whose use is incidental and subordinate to the main use of properly j and-is located on the same lot as the main use and is freestanding or is joined to the primary structure solely by non-habitable space as defined by the State Building Code. 6. `Addition"-A modification to an existing building or structure which increases its height or increases the site coverage. A structure is considered an addition only when it shares a common wall with and is structurally dependent on the primary structure. (See also "Accessory building or structure" and "common wall") 43. "Common Wall" — A wall or joined walls that share a boundary to provide separation of interior spaces. For vertical additions, a floor/ceiling assembly is the a shared boundary separating spaces. 54. `Density"- The intensity of residential land uses, usually stated as the number of housing units per acre and defined in Section 18.720. 18.715. Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 3 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • 117. "Public support facilities"-services which are necessary to support uses allowed outright in the underlying zone and involve only minor structures such as underground utilities and construction of roadway improvements including sidewalks, curbs, streetlights, and driveway aprons,power lines and poles,phone booths,fire hydrants, as well as bus stops, benches and mailboxes which are necessary to support principal development. Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 4 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • Section 18.780 SIGNS .18.780.015 Definitions A. Definitions. As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions, and are as follows: 8. `Billboard"means a freestanding sign in excess of the maximum site allowed, with adjustments, in the locations where it is located or proposed to be located. Billboards are prohibited by Tigard Code Section 18.780.070.M: Certain Signs Prohibited. 18.780.020 Permits Required C. Compliance with -URE State Building Code. Separate structural permits under the _ State Building Code shall also apply. 18.780.070 Certain Signs Prohibited B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the _ ': 5 '. •_ .:• State Building Code or this title. 18.780.140 Sign Code Adjustments A. Adjustments. The Director may grant an adjustment to the requirements of this Section by means of a Type I or Type II _ procedure, as governed by Section 18.390, using approval criteria in Section 13.370.020 C.G. 18.370.020 C.8. 18.780.130 Zoning District Regulations E. In the C-N and C-C zones. No sign shall be permitted in the C-N and CMG CC=C zones except for the following: Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 5 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 Section 18.330 CONDITIONAL USE 18.330.020 Approval Process E. Approval period. Conditional use approval by the Hearings Officer shall be effective for a period of 1-1/2 years from the date of approval. The conditional use approval by the Hearings Officer shall lapse if: 1. Substantial construction of the approved plan has not begun within a one and one half year period;or 2. Construction on the site is a departure from the approved plan. 18.330.020.C Minor modification of approved or existing conditional use. 2.An applicant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.010 18.390.030, using approval criteria in SubSection C3 below. Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 6 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • TABI.F. 18.390.1 SUMMARY OF PERMITS BY TYPE OF DECISION MAKING PROCED URE Type Permit/Laud Cross-References) II(18.390.040) Access/Egress Adjustment 18.370.020 C3b ,Conditional Use/Minor Modification 118.330.03( in:M ilia FeIID::is cry- a:aaCtSLs7n-12ECLLC prcc urn. TABLE 18.39O.1 .SU3i1MARV OF PERMITS BY TYPE OF DECISION-a1ARING PROC DURE Ts�e PermiJLaad Crass-Refer acts) I(78.390.434) Ac:o.aty 3:id.oatiz]Units 18.710 DaeoleamantAdjm.ia:an:3 18.370 ri0 32 Eema OccuY ziastTv-po 3 1&7'._ Lauds:sp:2m.4.4jnstnonts - Exisansr.Stsevt Ina; -5.370. +0 C4z:18.745 - Nn-Stoat Tsai% 18.370.020 Cob; !B.741 Lcs Lin Aztjusamont 78.410.040 Minimum Rasi-antalDozsi:s•Adnst:22smt 1E370_020C2::8.430t18.7b5 NczcczfietmizsUse Confirmation 1 3,365.03.0A;58.767 Ptius Adjus nnut: - Roductuas c_°Miuinui Parkins• z:ia; 18370.0380 C ec;18-755 Existsns aavalcpmr."Ttsnsis - Rcduciion L Stackms Lana L•nth 18370.0120 Cis; 31.765 Sins - Now 15..780 - Ex►snng 18.780 Site Dr:alepmonu"b1nar• odiEiir_sticm 18_360.090 TotnpaTn_7 Uras - Enoaxcz:ylisos 1&765 - San-aua1'Spacia ;at 18.785 - Tampons-1/B•• (14tsQ 1 8-765 - Tan-parzzrr 5 -s OfEnzlIona 18.785 ra;Ra¢or - Rama.s3 .d_rt.a;z1 18-370.020 C7;18.790 - Rama::Poncit 18.790 Wi-olos :.cmtc iczticzs Faci3i6as-- 18.370.040 CEb;16798 Sa:b;: from Odic Toa•gs Conditional Use/Minor Modification 18.330.030 Drtisiou,,',fckin Prate-arcs 18390-2 SF:pdate::A 'i Pre-Application Narrative Final City of Tigard Omnibus Code Amendment • PAGE 7 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • Section 18.350 PLANNED DEVELOPMENTS 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: 4. In addition, the following criteria shall be met: m. Shared open space facilities: These requirements are applicable to residential planned developments only. 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 yearfloodplain). (2)Passive use facilities. Up to 100%of the open space requirement may be satisfied b 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. Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 8 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • Section 18.385 MISCELLANEOUS PERMITS 1 Seetiefts: - • . . r . • • .- . . . .. • . - A. Criteria for historic overlay district designation. 1. Approval of an historic ovcrlay district dcsignation shall be made by means of a Typc IIIB proccdurc, as govcrncd by Section 18.390.050,whcn the Historic Sites and Districts Committee finds that any of the following criteria have bccn met: a. The proposed district or landmark would serve the purpose of the historic overlay district as stated in Section 18.740.010,Purpose; b. The site or area proposed for the designation reflects the broad cultural or natural history of the community, statc or nation; state or local history; d.The site or area proposed for the designation embodies the distinguishing characteristics of an c. The proposed site or area is a notable work of a master builder, designer or architect. 2.The age of a specific building is not sufficient in itself to warrant designation as historic. B. Criteria for removal of historic overlay district designation. Removal of an historic overlay district when the Historic Sites and Districts Committee finds that any of the following criteria have bccn rriett 1. The original historic overlay district designation wa3 placed on the site in error; 2. The resource designated with the historic overlay district designation has ceased to exist; to the public;or - district shall be granted by means of a Type II procedure, as governed by Section 18.390.010, by the 1. The purpose of the historic overlay district as set forth in Section 18.710.010; 2. The economic use of the structure in a historic overlay district and the reasonableness of the proposed alteration and their relationship to the public interest in the structure's or landmark's preservation or renovation; 3. The value and significance of the structure or landmark in an historic overlay district; 5. The general compatibility of exterior design, arrangement,proportion,detail, scale,color, texture, Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 9 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 410 • D. Criteria for construction of new structures.Approval for exterior alterations of Structures in an historic overlay dis-trict shall be granted by means of a Type II procedure, as governed by Section 18.390.010,by the Director using the following criteria: 1.The purpo3c of the historic overlay district as set forth in Section 18.710.010; 2. The economic effect of the new structure on the historic value of the district; 3.The visual effect of the proposed new structure on the architectural character of the district;and 4.The general compatibility of the exterior design, arrangement,proportion,detail, Scale, color, textu c and-materials proposed to be used in the construction of the new building or structure. E.Criteria for demolition.Approval for demolition of structures in an historic overlay di3trict Shall be granted by mcana of a Type II procedure, as governed by Section 18.390.010, by the Director using the following criteria: 1. The purpoac of thi3 Section as set forth in Section 18.710.010; 2. The criteria used in the original designation of the district in which the property under 3. The historical and architectural style, the general design, arrangement, materials of thc Structure in question, or its appurtenant fixtures; the relationship of such features to Similar fcature3 of the 1. The cffccts of thc proposed work upon the protection, enhancement, perpetuation and use of the district which cause it to p033CSS a special character or special historical or aesthetic interest or value;and 5. Whether denial of the permit will subject the City to potential liability,involve Substantial hardship to the applicant,and whether ia3uance of the permit would act to the substantial detriment of the public welfare and would be contrary to the intent and purpoac3 of thin title. A. Type I home occupation permit.A Type I home occupation permit will be procc33ed by mcana of a Type I procedure, as governed by Section 18.390.030,after a demonstration that the proposal complic3 with all development criteria in Sections 18.742.010A and 18.712.050 Al. B.Type II home occupation permit.A Type II home occupation permit will be proce33cd by mcana of a Type II proccdurc, a3 governed by Section 18.390.040, after a demonstration that the proposal 1. I3 in conformance with the Standards contained in this Section; and 2. Will be subordinate to the residential use of the property; and 3. 13 undertaken in a manner that i3 not detrimental nor disruptive in tcrm3 of appearance or operation to neighboring propertic3 and rc3idcnt3. C. Condition3 of approval. The Director may impoac condition3 upon the approval of a Type II home 1. Further limiting the hour3, day3,place and manner of operation; 2. Requiring Site and building design features.which minimize environmental impact3 Such a3 noi3c, • rc3tricting the location of the u3e on the Site in relation3hip to adjoining u3es; occupation; and cstabli3hing atandarda for the continued maintenance of these improvemcnt3; Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 10 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • s). Limiting the extent and type of interior or exterior building remodeling necessary to con3truction; 12. Requiring thc protection and prcscrvation of cxi3ting ccs, and other vegetation,watercourses, 13. Limiting the type and number of vchicle3 or equipment to be parked or stored on the site;and comply with the purpo3c3 3tatcd in Scction3 18.745.010 and 18.742.050. D. Grounds for revocation. The Director may 1. Revoke a home occupation approval if the conditions of approval have not been or arc not being Section. - Section aftcr reviewing a complaint. Complaints may be originated by the City of Tigard or the public. Complaints from the public shall clearly state the objection to the home occupation, such asa a. Generation of exces3ive traffic; b. Exclu3ivc u3c of on street parking 3pacc3; E. Cc33ation of home occupation pending review If it i3 determined by the Director in excrci3c of rca3onablc di3crction, that the home occupation in question will affcct public health and safety, the use may be ordc cd to cease pending Hcaring3 Officer review and/or cxhau3tion of all appcal3. her residence. •1 1 • - - - - -.. . - criteria Shall be u3cd by thc Director to is3uc a confirmation of legal nonconforming u3c: 1. Proof that the use was permitted by this title at the time it was established, by any of the fellewiltr community wa3 adopted. following evidence for every other year from the time the uae waa c3tabli3hed until the current •a. Utility bill3; b. Income tax record3; c. Business licenses; d. Li3ting3 in telephone, bu3ine33 and Polk dircctoric3; • , -- .- rtain 3ituation3. Depending on the nature and inten3ity of the Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 11 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • proposed activity within a sensitive arca, either a Type II or Type III permit i3 cquircd, a3 delincated floodplain, arc presented in SubSection3 B E below. - - .- - -a.-- = - •• criteria havc been 3ati3ficd: construction, substantial improvements and other development unless ccrtificd by a registered the ba3c flood discharge; - support facilitic3 a3 defined in Scction 18.120 of the Community Development Codc shall be not result in any incrcaac in the water surface elevation of the 100 year flood; accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; 6. The neceasary U.S. Army Corps of Engineers and State of Oregon Land Board,Division of State 7. Where land form alterations and/or development arc allowed within and adjacent to the 100 year the floodplain in accordance with the comprehensive plan.This area shall include portions of a deny an application request for a sensitive lands permit on slopes of 25%or greater or unstable 1. The extent and nature of the proposed land form alteration or development will not crcatc site disturbances to an extent greater than that required for the u3c; property; drainage of foundation and crawl space areas for development with any of the following 3oi1 1. Where natural vegetation has been removed due to land form alteration or development, the arcaa accordance with Section 18.715,Landscaping and Screening. all of the following criteria have been 3ati3fied: - 1. The extent and nature of the proposed land form alteration or development will not crcatc site disturbances to the extent greater than that required for the use; 2. The proposed land form alteration or development will not result in cro3ion, stream Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 12 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 Si. • property; 3. The water flow capacity of the drainagcway is not decrca3cd; 4. Whcrc natural vegetation ha3 been removed duc to land form alteration or development, the areas not covered by structurc3 or imperviou3 surfaces will be replanted to prevent cro3ion in accordance with Section 18.745,Landscaping and Screening; _ •_ • -_ _ - _ I• - - 6. The nccc33ary U.S.Army Corps of Engineers and State of Oregon Land Board,Division of State - - - - - :--- - - -; ;-. ; - - :- -- . - :.-- -- : e allowed within and adjacent to the 100 year the floodplain in accordance with the Comprchensive Plan. This area shall include portions of a E. Within wetland3. The Director Shall approve,approve with conditions or deny an application request been 3ati3ficd: of such a wetland; 2.The extent and nature of the propo3ed land form alteration or development will not create Site • disturbances to an extent greater than the minimum required for the u3C; 3. Any encroachment or change in on site or off site drainage which would adversely impact control provisions of the Surface Water Management program of Wa3hington County must be 3pccie3 in accordance with Section 18.715,Land3caping and Screening; 5.All other senaitivc lands requirements of this Section have bccn met; 6. The provisions of Section 18.790,Tree Removal, shall be met; and Recreation and Open Space policies of the Comprehensive Plan have been 3ati3fied. A. Sca3onal and special events. Using a Typc I proccdurc, a3 governed by Section 18.390.030, the criteria arc 3ati3ficd: 1. The use occurs only once in a calendar year and for no longer a period than 30 days; 2. The u3e i3 permitted in the underlying zoning district; 3. The applicant ha3 proof of the property owner's permiaaion to place the u3c on his/her property; • 5.The u3C will providc adequate vision clearance, as governed by Section 18.795,Vi3ion Clearance,and shall not ob3truct pedestrian access on public rights of way. B. Unforeseen/Emergency Situation3. Using a Type II proccdurc,a3 governed by Section 18.390.010, criteria arc satisfied: 1. The need for the u3C i3 the direct result of a ca3ualty losa such a3 fire, , Severe damage by the elements to a pre existing 3tructurc or facility previously occupied by the applicant on the premises for which the permit i3 sought; Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 13 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 2. The uac of a mobile or manufactured home on a lot with an existing dwelling unit i3 ncccsaary to provide adequate and immediate health care for a relative who needs clone attention who would 3. The applicant has been evicted within 60 days of the date of the application from a pre existing by a public authority,or eviction by abatement of nuisance proceedings, or by determination of a occupied constitutes a nuisance or is unsafe for continued uac;or circumstances or other hardship beyond the foresight and control of the applicant; property,as required by Section 18.705,Access,Egrc-- : -: . . ::-, : -: _ .:- • , Visual Clearance; 6. There exists adequate parking for the customers of the temporary uac as required by Section 18.765,Off Street Parking; 7. The use will not result in congestion on adequate streets; 8. The use will pone no hazard to pedestrians in the area of the uac; 9. The uac will not create adverse off site impacts including noise, odors,vibrations,glare or lights 10. The use can be adequately served by sewer or septic system and water,if applicable. 18.390.030, the Director may approve,approve with conditions or deny the use of any real property within the City as a temporary sales office, offices for the purpose of facilitating the sale of real provided the following criteria arc satisfied: 1.Temporary sales office: of land in which the real property is to be sold;and b. The property to be used for a temporary sales office shall not be permanently improved for that purpose. 2. Model house: a. The model house shall be located within the boundaries of the subdivision or tract of land where the real property to be sold is situated;and structure. _-- - .. .. . - - • -• any real commercial or industrial property within the City as a temporary commercial or industrial the following criteria are satisfied: located; 3. There exists adequate and safe ingress and egress when combined with the other uses of the property;as required by Section 18.705,Aecesa,Egress and Circulation,and Section 18.795, Visual Clearance; 1. There exists adequate parking for the customers or users of the temporary use as required by 18.765,Off Street Parking; 6. The use will pose no hazard to pedestrians in the area of the uac; Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 14 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 I 7. The U3C will not create adverse off site impacts including noise, odors,vibration3,glare or lights which will effect the adjoining uses in a manner which other U3C3 allowed outright in the zone 8. The u3e can be adequately served by sewer or septic system and water,if applicable; and 9. The length of time that the temporary building will be u3cd is the maximum needed to addres3 the A.Approval criteria. Using a Type I procedure, as governed by Section 18.390.030, the following approval standard3 shall be u3cd by the Director for the i33uance of a tree removal permit on sensitive latllst 1. Removal of the tree mu3t not have a mca3urablc negative impact on erosion, 3oi1 stability, flow of .-- - - - -- - --- -- -- -- - - - public or private strecta, adjacent property, or into the storm and Surface water 3y3tem, either :.. . .. • , :. :::•-:, ::- -:rgc or as a result of the action of croaion. b. Evidence of concentrated flows of water over bare soils; turbid or sediment laden flow3;or filtered or captured on site using the techniques of Section 5 of the Wa3hington County Unified Sewerage Agency Environmental Protection and Ero3ion Control rules. 2. Within stream or wetland corridors, as defined as 50 feet from the boundary of the stream or wetland, tree removal must maintain no less than a 75% canopy cover or no le3a than the existing canopy cover if the existing canopy cover is less than 75%. B. Effective date of permit. A tree removal permit Shall be effective for one and one half years from the date of approval. C. Extension. Upon written request by the applicant prior to the expiration of the existing permit, a tree removal permit shall be extended for a period of up to one year if the Director find3 that the applicant original application have changed.u • Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 15 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 411 • Section 18.390 DECISION-MAKING PROCEDURES 18.390.080 General Provisions E. Director's duties. With regard to processing applications submitted under this Section, the Director shall: 3.Accept all development applications which comply with the provisions of Section 18.380.080 C3 18.390.080.D.3. 18.390.050 Type III Procedure C.Notice of hearing. 1. Mailed notice. Notice of a Type II Administrative Appeal hearing or Type III hearing shall be given by the Director in the following manner. a. At least 20 days prior to the hearing date, notice shall be sent by mail to: (1) The applicant and all owners or contract purchasers of record of the site which is the subject of the • application; (2) All property owners of record within 500 feet of the site; (3) Any affected governmental agency which has entered into an intergovernmental agreement with the Ciy which includes provision for such notice, or who is otherwise entitled to such notice; (4) Any City-recognized neighborhood group •a •• ': and whose boundaries include the site; (5) Any person who has submitted a written request, and who has paid a fee established by the City Council; and (6) In actions involving appeals, the appellant and all parties to the appeal. 18.390.060 Type IV Procedure D. Notice of hearing. 2. Notification requirements. Notice of the public hearings for the request shall be given by the Director in the following manner. a. At least ten days prior to the scheduled hearing date, notice shall be sent to: (1) The applicant; (2) Any affected governmental agency; (3) _ - -• . • Any City-recognized neighborhood group whose boundaries include the site;and (4) Any person who requests notice in writing and pays a fee established by Council resolution. • Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 16 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • Section 18.430 SUBDIVISIONS 18.430.030 Approval Process B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Section 18.390, using approval criteria contained in Section 18.130.080 18.430.070 • • Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 17 OF 32 Development Code Amendment • DCA2009-00003 5/6/2009 • • Section 18.520 COMMERCIAL ZONING DISTRICTS TABLE 18.;20.I USE TABLE: COsB1ERCLAL ZONES USE CATEGORY C Nu' C-Cs1 C-(/ C-P CBD MUEn{t 11UC-1 MUCcrl NIUE MUR 1 and 212' 1 and 2P11' RESIDENTIAL Household Chin: N Rl"1 RI"1 Rl"1 R1''1 R1161 la" P P P Group Livine N N C N P N C R1`24C P.''"1/C R"/C Transitional Honsiae N N C N C N C C C C Home Occupation Rer1 R121 RI=1 Rt'1 Rhl R121 P R121 R[■1 R121 HOUSING TYPES Singe Units.Attached N/A NIA N/A N/A N/A N/A N/A R1" P.1" P Sin_el Units,detached N/A N/A N/A N/A N/A N/A N/A Rl" R1301 R12'+ Accessory Units N/A N/A N/A N/A N/A N/A N/A R1"1 RN'1 P1 211 Duplexes N/A N/A NIA N/A N/A N/A N/A R1 2"1 ROA P Multi-family Units N/A N/A N/A N/A N/A N/A N/A P P P Manufactured Units N/A NIA NIA' N/A N/A N/A N/A N N N Mobile Home Parks.Subdivisions N/A N/A N/A N/A N/A N/A N/A N N N CIVIC(INSTTTU"IIONAL) Basic Utilities C N N C C C C C1221 Cu=1 C1221 CoUezes N N N N N C C C C C Coruntnnin•Recreation N P N N P C N P C C Cultural Institutions P P P P P P P P P N Day Care P P P P P P P P P P/C1."1 Etnerzencv Services P P P P P P P P P N Medical Centers C N C C C C C C C C Postal Senice P P P P P P P P P N Public Support Facilities .P P P P P P P P P P Relizious Institutions C C P s P P P P C Schools N N N N N C C C C C SocialiFraternal ClubseLodzes C C P P P P P P P C COMMERCIAL Commercial Lodzinz N N Rl'a1 P P P P N Eatinz and Drinkinz Establishments C P P Rl"1 p p P p p Rl'tmt Commercial ZoningDirtrrcn 18.57 S Code Update: 1O' Amendments: Existing: "C" (conditionally permitted) Proposed: "P" (Permitted Outright) Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 18 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • 18.520.030 Uses • C.Accessory structures. 1. Accessory structures are permitted in all commercial .zones providing the site is still in compliance with all development standards, including but not limited to setbacks, height, lot coverage and landscaping requirements, of the base .zone. All accessory structures shall comply with all requirements of the — r --- S •e r e State Building Code All accessory structures except those less than 120 square feet in size require a building • TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES Footnote [13] • • • a' ., .- 1 • ._• Footnote [21] Multifamily residential, at 25 units/gross acre, allowed outright. Pre-existing detached and attached single family dwellings are permitted outright. TABLE 18.520.1 USE TABLE:CO\LUERCLAL ZONES USE CATEGORY C'-N`I C-C1I C'-C C-P CBD \ELEI", MIX-1 .ISUC- \IUE \tUR 1 and 2P4 1 and 2IM Detention Facilities N N C N C N N Heliports MIZIng N N N N N N N Wireless Corannnication Facilities PiP.t'3 PR"'' PaRI'i P+Rt'a PAR"+ P:Rs" PitI-`I Rail Li en'Unlit,Corridors P P P P P P P Other Ct`3 C"Oj NA NA C`-' NA NA _ P=Permitted R=Resnicted CC.'onditunal Use N=Not Permitted (I] Aa pet arnd and codttone on napect a apeaal alaglapaat standards"r=eed to Seanou 13.530 050 A [I] Pera..'tdsahjact a rekleaea oss Chapter III 702. (33 Sae Chapter 13.715 n$ren Cannrscao taalatts.rec...for perused and resmcad facsi:ws [43 Can*pan.blare 7.90 AM eod'a after 10-00 PM re tsotooral uses. [53 AD pawned.lar:ed ant cndr:oad on no nen antral develop..modes&=Sacaon11.520030.B (5) iattcsnal ors pertaoedby right as a wand use n war.ncriooart a co=nesal derelapxnt on or above be second flloao of the mama.r dettxes not co"cad 12 tansies acre. 173 Land to 10.030 pets sgn¢e feet=we.etcepttaial food and beverage ankle otxh an Dated to 47.090 Foss square feet or less (II Lanai to sots"hale clean; y. [93 When cod=ed is s.gle wear..each separate emillisttra sal tot exceed 5.000 pan swan fret [103 Cues operataa before 6.90 AM ad'..afar 1100 PM:or dn:e-q ax]oses re coninmal uses. • [II)A sitee-fassly s n,puss: thus a n booed on the sane act scab a pea•tad or conl:oo-1 tat in and u oucp ed exclusively by a creater or svryrn:ondeat of the p.sodittd a coadnoeal sne Muni-featly hawing a pawned"part of a PD.select to Chapter I9 350. [123 Cleaog,sales and"prof rear settles and light equip.=is per>sned mopes,sus and teas:of heavy veldts and far=enu=0et and=swage of rec--eatonal sehicles and Man pawned condauwaiy. [131 Malt-faaly atdecial tine•developed at 01.40 sandals,as a o:W Vx o nanpor=aids crweercial develop.=n a above the mond boa of the owe..only in the C-P Dania eseaa the Tar! .Tsaaale and Bit Maxon Road torsi [143 P.esammapa=nt:d Bib resmcon a maeto cor,ocean nit and m:te sane puce:as a consenallodpcg use. [133 As accessory to offices at other pawned use,the total space denoted to a combx+.0 of awl sales and eat0g'trrbteg esabbshnrnn may cot and ware that 20%of to.isle square footage with.to development caxptea [16]May not"seed 10%of to total scare footage mat=an office coopls (17]Stgtetawly watched and ealn-Ludy radiate:even.developed as R.-40 srr0dards.except Os.sea banded b)Fine.Creek.Bali Ba:lesard,O'Mata.Ash Aswan*and Bill Sueet ortic otch propry road for CBD desalt;..[Cush shot]be du:sated R-%PD and tail be developed as planned developments to coefatna.orb be P.-12 Dania standards !I]Motor vaster asap=Cy. [IS)Dnveup windows pemiuedcathnonally. [203 AB p.-.-rd and caa0taoal on suhle=a spent deselonrar 550030530 coxrued=SemnnlS.S20.950 C. [713 M -faaly a=d.vL et 25 atspots arts.shooed oaagta Preaastq detached msgle-fassh-doelxgs are pesad axrgft. 1223 Nes Retail and sea uses caw met exceed 50.070 gross leasable sea pr Inadni Waveapon Scar.Repioaal Center or Tgrl Toao0 a encase Lea rose ram awed C-Ci r the n.e the MLR road 3rsaa was adopted o to Ttpaa Thane. [233 All arns".oes,ssocaad lth Cas net eat.=plays.end ctaarnts pang.sal be coeaittiwul•=htatt3. [243 Prnad n accatwl a a pee=d nse as log as rho rn r ca-so-of o thso the saw 0 0d=g ac to p==etal um,and does cot erred the door am of the getr.i 0040w. (233 Pa-ntred p=rided the use n m I gr then 3.3.003 square feet of gross Bars area perbutt±ag a bonnets. [26]ltousetsid ln4g Baal to snipe ends.attached.and ado-faat,anbtcg tut ass ttrced ea apr.. ..attached nirthorthatunth taaskwsn ad roobocsea at a te-avenn dtnsay of 25&retina an per acre and mn'•nn denary d 50 duelled n pet are [7 7)Wrennothyos walled to s=ar.e nubs bright let. see Ce ter 31700. [233 AU P.raoed mod Cc-schwa:U.new to special dnelop. .ra=1ads coca=td in 11.630 [I P)Cavan Otis;nub to a lama sestet.peta.•ad by ngbc poop Wang:nth mn or mom etudeaa p=red as 500.Unora1 use (103 7-mace a Bouus'3=it cawing Coevma of pa-ers•_ay beanog was to obi aces a se...m G regadv=sts of Chaser 110030. 18.520.040 Development Standards A. Compliance required.All development must comply with: Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 19 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 1. All of the applicable development standards contained in the underlying toning district, except where the applicant has obtained variances or adjustments in accordance with Sections 18.310 and 18.320 18.370; • Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 20 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • • Section 18.705 ACCESS, EGRESS, AND CIRCULATION 18.705.030 General Provisions L Director's authority to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: 4.A decision by the Director per 18.705.030 K L.1.-3. above may be appealed by means of a Type II procedure, as regulated by Section 18.390.040, using criteria contained in Section 18.370.020 C3. (Ord. 06-20, Ord. 02-33) 18.705.030 General Provisions J.Minimum access requirements for commercial and industrial use. 1. Vehicle access, egress and cir wlation for commercial and industrial use shall not be less than 24. as provided in Table 18.705.3; 1. Vehicle access.egress and circulation for commercial and industrial use shall not be less than was pro'ided in Table 18.705.3; TABLE 18.705.3 VEHICULAR ACCESS/EGRESS REQUIREMENTS: COMMERCIAL AND INDUSTRIAL.USES Required Parking Minimum Number of Minimum Access Minimum Pavement Spaces Driveways Required Width 0-99 1 30' 24' curbs required 100+ ? 30' 24' curbs required or 1 50' 40' curbs required • Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 21 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 4IP • Section 18.715 DENSITY COMPUTATIONS 18.715.020 Density Calculation A. Definition of net development area. Net development area, in acres, shall be determined b subtracting the following land area(s)from the gross acres, which is all of the land included in the legal description of the property to be developed: 3. All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: b. Multifamily development: allocate 15% of gross acreage or deduct the actual private drive area. 18.715.030 Residential Density Transfer B. Underlying development standards. All density trap fer development proposals shall comply with the development standards of the applicable underlying zoning district unless developed under the provisions of Section 18.410 18.350, Planned Development. (Ord. 06-20) Section 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 18.730.020 Exceptions to Building Height Limitations C. Building heights and flag lots. 2. The maximum height for an attached or detached single-family, duplex, or multiple family residential structure on a flag lot or a lot having sole access from an accessway,private drive or easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2-1/2 stories or 3330 feet, whichever is less,provided: • Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 22 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 18.765Off-Street Parking and Loading Requirements Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirement. Tt.ble 18.765.21r imn',t and llia:dma9 Required OB.urea Velide and Bicycle Panda:Rryimnmraa(Coat.) SIL\LtlL ' ZONE A ZONE B BICYCLE' Mum Ve.hirle Related Ms=Vahada s d a l l i:e t z 3 1:y'1.O0D but no lass I l e a 4.9 1.3i1,0N.Ibut up U n a—I a n 4.v 2.41.1)40`o y s ksr r n 4.0 0.2■i.0D0 alas sw ?3r)x Vohido Sarrkitsvitsca r 241:,000 but no t.s Ihza 40 2.34,'000 but no last dam 4.0 2.6'10001ms ma laz r-an 4.0 0.211.000 V o k r_l a Flail Salts s C e l d l i s a a iro ba•- 4.0!2.0/sari: hay 40+2.1 4a ie:bay C12f1,000 Office -2711.000(115) 3.411,O'(A1) 4.1111.%DO f.d) CO&000 kedical/Dental Office' 39 1,000(M) 4.93140:104) 3.4.'1,000(M) 0.4,1,000 aid Sani_a St•.m 1!x'4 swan amis I.04 stanza rcza 1.0'2=cap:x.da 1.0540 storm ua n I■ce-Arcxsars...114 D:Ca Cana n]CL :MED fatbastrit1 Scrrire. 0.b11.000 1.2(1.0,X1 1.8'0!:000 O.11I.000 afaa tcturino as • adactiaa Ltra— D5'1.000 d) caw IMO "0.111,000 C-amral L-dssstral 1_60?.000 a.f) caaa 11x0 4.010,000 Han—yid:i s al 141,000(rq) mm nxo 01,1,000 Railroad Yards cna: aeao 7.C7-1; C>.rsearch tad Dv. --..,,. at 10/i.000 3.0f1,990 3.89.1:40 0..54.000 WareEccaefrei t St- ••.at J O.000 &0.31.0 90 0.11t1,C7 1.2/1S90 9.111,0D0 =150!:00 sa ft O.3Q,cco(t21 0.44.0000 n.a 0.511.000 WEse-Relayed S!7 7.0 1017 :sea Wholemle Si ts 011,00D 1.251,904 1.6'1,.00 Cl irl.0D0 0.5' yreParkigvsad'iaatturit •,: 111e7ta 18.;•6518 SE:.t 5 Proposed Text: Medical / Dental Office 18.765.030 General Provisions G. Disabled-accessible parking. All parking areas shall be provided with the required number of parking spaces for disabled persons as specified the . ' . e ': _ -. Building Codc State Building Code and federal standards. Such parking spaces shall be sited, signed and marked as required by these regulations. 18.765.040 General Design Standards D. On-site vehicle stacking for drive-in use. • Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 23 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • • 2. The Director may reduce the length of the inbound stacking lane by means of a adjustment to be reviewed through a Type I procedure, as governed by Section 4-8,-320,300 18.390.030, using approval criteria contained in Section 18.370.020.C.5.g. 18.370.020.C.7.g. 18.765.070 Minimum and Maximum Of-Street Parking Requirements F. Reductions in minimum required vehicle parking. Reductions in the required number of vehicle parking spaces may be permitted as follows: 3. The Director is authorized to reduce up to 10% of existing required parking spaces at a conversion ratio of one parking space for each 100 square feet of transit facility for developments which incorporate transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or other transit-related facilities through a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.370.020.C.5.c. 18.370.020.C.7. • Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 24 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • • Section 18.775 SENSITIVE LANDS 18.775.090 Special Provisions for Development within Locally Significant Wetlands and Along the Tualatin River, Fanno Creek,Ball Creek, and South Fork of Ash Creek A. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 666-023-0030)pertaining to wetlands, all wetlands classified as significant on the City of Tigard "Wetlands and Streams Corridors Map"are protected. No land form alterations or developments are allowed within or partially within a significant wetland, except as allowed/approved pursuant to Section 18.775.130 or construction of streets and utilities within existing rights-of-way or expanded rights-of-way to City standards. This does not apply to new streets. 18.775.020 Applicability of Uses:Permitted, Prohibited, and Nonconforming C. Exemptions. When performed under the direction of the City, and in compliance with the provisions of the City of Tigard Standards and Specifications for Riparian Area Management, on file in the Engineering Division, the following shall be exempt from the provisions of this Section: 5. Routine maintenance or replacement of existing public facilities projects or construction of streets and utilities within existing rights-of-way or expanded rights-of-way to City standards. This does not apply to new streets. 18.775.020 Applicability of Uses:Permitted, Prohibited, and Nonconforming E.Administrative sensitive lands review. 1. Administrative sensitive lands permits in the 100year floodplain, drainageway, slopes that are 25% or greater, and unstable ground shall be obtained from the appropriate community development division for the following: a. The City Engineer shall review the installation of public support facilities - • _ , . Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Section; • Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 25 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • Section 18.220 ZONING ADMINISTRATION 18.220.020 Zoning District Map A. Consistency with zoning map. The boundaries of each of the foregoing districts as listed in Table 18.220.1 Section 18.500 and the zoning classification and use of each tract in each of said zoning district is perceived to coincide with the identiOing tone classification shown on the map entitled `Tigard Zoning District Map", dated with the effective date of this title retained by the City Recorder and referred to as the "zoning district map." Said map by this reference is made a part of this title. A certified print of the adopted zoning district map or map amendments shall be maintained in the office of the Planning Division as long as the code remains in effect. Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 26 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • Section 18.310 SUMMARY OF LAND USE PERMITS 18.310.020 Summary of Land Use Permits A. Summary Table. The table summariing the decision-making procedure and substantive approval requirements of each land use permit and related action is presented in Table 18.310.1 below: TABT.F. 18.310.1 SUMMARY OF LAND USE PERMITS AND RELA 1 ED AUl IONS Decision-Making Approval Other Development Land Use Permit/Action Type Criteria • Regulations Sensitive Lands ,18.775.020.E • Within 100-Year Flood Plain l r-HO 18.775.070B K 775 • With Excessive Slopes . II,III-HO; 18.775.0700 75 • Within Drainage Ways II, I-HO3 18.775.070D .18.775.020.E M, 75 • Within Wetlands II, 0I-H03 18.775.070E 8./75 Signs • Existing {Development Standards for Each • Modification of Existing {Sian Type,per 18.780 • Temporary I 18.780.100 Temporary Uses • Seasonal/Special Events I 18.785.040A 18.78 • Emergency I 18.785.040B 18.78- • Temporary Sales Offic./Home I 18.785.040C 18.78: • Temporary Building I 18.785.040D 18.785 Tree Removal I 18.790.050A 18.790 gter Recnnrres Ove Ay 'Peuuitied Uses\ ith Mitigariori f :18.797.650A-6, 11 78 Permittedidcec =/Ntitipatirnt/ ��� � i . . • r 1ii iii l• I t • r.r:-a i 97. Land Division • I I I Delete Section , 18.775.020.E 4 Add footnote [4]: Type I procedures are reviewed with criteria of 18.775.020.E Type II and III procedures are reviewed with criteria 18.775.070.B. Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 27 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • 411, Section 18.510 RESIDENTIAL ZONING DISTRICTS 18.5 10.060 Accessory Structures A. Permitted uses.Accessory structures are permitted by right in all residential zones subject to the following: 2. Non-dimensional requirements: b. An accessory structure shall comply with all of the requirements of the Uniform Building Code. State Building Code All accessory structures except those less than 120 square feet in size require a building permit; 18.510.020 List of Zoning Districts H. R40: Medium-High-Density Residential District. The R-40 zoning district is designed to accommodate existing housing of all types and new attached single family and multifamily housing units with no minimum lot size 8f ffteeitntem-den .A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 28 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • rr SECTION 18.640 DURHAM QUARRY DESIGN STANDARDS 18.610.070 Reserved 18.640.070 Signs A. In addition to the requirements of Section 18.780 of the Development Code, the following standards shall be met: 1. Zoning District regulations. Residential only developments within the MUC-1 shall meet the sign requirements for the R-40 zone Section 18.780.130.B; non residential development within the MUC-1shall meet the requirements of the C-P zone, Section 18.780.130.D. 2. Sign area limits. The maximum sign area limits found in Section 18.780.130 shall not be exceeded, no area limit increase will be permitted. 3. Height limits. The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not extend above the roof line of the wall on which the signs is located. No height increases will be permitted. 4. Sign location. Freestanding signs within the Durham Quarry shall not be permitted within the required L-1 landscape areas. • Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 29 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • Section 18.710 ACCESSORY RESIDENTIAL UNITS 18.710.020 Standards B. Limitations. An accessory residential unit is permitted providing there is compliance with all of the following standards: 3. The number of residents permitted to inhabit the accessory residential unit is regulated by the - . 6 •. ::• State Building Code; Section 18.742 HOME OCCUPATIONS 18.742.040 General Approval Criteria and Standards A. General criteria. All home occupations except those that have proven nonconforming status shall observe the — following criteria in addition to the standards established for Type I and Type II Uses described in Section 18.742.050 of this Section. 5. A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit. Any accessory building that is used must meet - •. : '. • State Building Code requirements; Section 18.745 LANDSCAPING AND SCREENING • 18.745.050.E. Screening:special provisions. 3. S c r e e n i n g o f s w i m m i n g pools. A l l s w i m m i n g pools s h a l l be enclosed as r e q u i r e d 4y. ..... . .... . ;• • ' ,. • State Building Code; 18.745.040 Street Trees G. Granting of adjustments. Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section 18.370.020.C.1.b. 18.370.020.C.6.b. Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 30 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 SECTION 18.798 WIRELESS COMMUNICATION FACILITIES 18.798.060.B. Review criteria. Any use subject to review per Section A above, shall be evaluated using the following standards: 3. Setbacks: Towers shall be set back from the property line by a distance equal to the height of the tower.A Type II adjustment may be obtained to reduce this setback,. subject to criteria of approval contained in Section 18.370.020.C.Sa0 Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.080 Exceptions to Standards 18.360.080 Exceptions to Standards D. Exceptions to landscaping requirements. The Director shall may grant an exception to the landscaping requirements of this code, Section 48r-1-20:4-50, 18.360.070.B.4 upon finding that the overall landscape plan provides for at least 20 of the gross site to be landscaped. 18.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or major Modification of an approved plan or existing development, as defined in Section 4-8460,030A, 18.360.020A shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. • Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 31 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 • 1 2 3 BEFORE THE LAND USE BOARD OF APPEALS 4 OF THE STATE OF OREGON 5 6 FRED FIELDS, `, LUBA No. 2009 - ie 7 Petitioner, 8 v. 9 CITY OF TIGARD, 10 Respondent. 11 NOTICE OF INTENT TO APPEAL 12 I 13 Notice is hereby given that Petitioner, Fred Fields, intends to appeal that land use 14 decision or limited land use decision of Respondent, City of Tigard, entitled "AN ORDINANCE I5 ADOPTING OMNIBUS 'HOUSEKEEPING' ITEMS TO UPDATE THE TIGARD 16 MUNICIPAL CODE TITLE 18 (DEVELOPMENT CODE AMENDMENT- DCA2009- 00003)" 17 (TIGARD CITY COUNCIL ORDINANCE NO. 09 -13). Tigard City Council Ordinance No. 09- 18 13 is signed and dated September 8, 2009, and specifies that it becomes effective 30 days after 19 its passage by the Council, signature by the Mayor, and posting by the City Recorder. A copy of 20 the notice of decision for Ordinance No 09 -13 is attached as Exhibit A. 21 II. 22 Petitioner is represented by Phillip E. Grillo, Miller Nash LI,P, 111 S.W. Fifth 23 Avenue, Suite 3400, Portland, Oregon 97204, (503) 224 -5858. Petitioner was not represented by 24 counsel in the proceedings below. 25 26 Page 1 - NOTICE OF INTENT TO APPEAL PDXDOCS 1864269 1 C F 1 III. 2 Respondent has as its mailing address and telephone number: City Council, City 3 of Tigard, 13125 S.W. Hall Boulevard, Tigard, Oregon 97223, (503) 639 -4171, and has as its 4 legal counsel: Timothy V. Ramis of Jordan Schrader Ramis PC, P.0 Box 230669 Portland, 5 Oregon 97281, (503) 598 -7070. 6 IV. 7 Other persons mailed written notice of this land use decision by City of Tigard, as 8 indicated by the City of Tigard records in this matter, include: 9 John Frewing 10 7110 SW Lola Lane Tigard, OR 97223 11 12 NOTICE: 13 All persons, other than the governing body, who desire to participate as a party in 14 this case before the Land Use Board of Appeals must file with the Board a Motion to Intervene 15 in this proceeding as required by OAR 661 -010 -0050. 16 DATED this 28th day of September, 2009. 17 MILLER NASH LLP 18 a 19 William L. Rasmussen 20 Oregon State Bar No. 064782 Phillip E. Grillo 21 Oregon State Bar No. 85220 22 Attorney for Petitioner Fred Fields 23 24 25 26 Page 2 - NOTICE OF INTENT TO APPEAL PDXDOCS 1864269 1 Pr 120 DAYS = N/A ' DATE OF FILING: 9/9/200', EXHIBIT DATE MAILED: 9/9/2009 CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT (DCA) 2009 -00003 Case Name; OMNIBUS "HOUSEKEEPING" ITEMS Applicant's Name /Address: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 -8189 Owner's Names /Addresses: N/A Address of Property: Citywide Tax Map /Lot Nos.: N/A A .. _ " I • S 1� ��� O'7 _- � +� , " 5 " 1114 41-01111 i 401 11 'Kam A REQUEST FOR A DEVELOPMENT CODE AMENDMENT (ORDINANCE NO. 09 -13), THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISIONS STAFF REPORT AN) RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON JULY 6, 2009 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON U-E REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE 'TESTIMONY ON SEPTEMBER 8, 2009 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: D A Development Code Amendment to promote consistency among the Code Chapters. These "housekeeping" items are from Community Development Code Chapters 18.120 Definitions, 18.220 Zoning Administration, 18.310 Summary of Land Use Permits, 18.330 Conditional Use, 18.350 Planned Developments, 18.360 Site Development Review, 18.385 Miscellaneous Permits, 18.390 Decision - Making Procedures,, 18.410 Lot Line Adjustments, 18.430 Subdivisions, 18.510 Residential Zoning Districts, 18.520 Commercial Zoning Districts, 18.530 Industrial Zoning, 18.640 Durham Quarry Design Standards, 18.705 Access, Egress, and Circulation, 18.710 Accessory Residential Units, 18.715 Density Computations, 18.730 Exceptions to Development Standards, 18,742 Home Occupations,, 18.745 Landscaping and ni Screeng, 18.760 Non- Conforming Situations, 18.765 Off- Street P4 kung and Loading Requirements, 18.775 Sensitive Lands, 18.780 Signs, and 18.798 Wireless Communication Facilities. ZONE: Various residential, commercial and industrial zones. APPLICABLE REVIEW CRITERIA: S Development Code Chapters 18.380, 18.390. Comprehensive Plan C rapters Goal 1: Citizen Involvement. Go 2: Lan nni Use Planning. Metro Functional Plan: Metro Code Sections 3.07, Urban Growth Management Functional I Statewide Planning Goals 1, 2. Action: ➢ ® Approval as Requested ❑ Approval with Conditions El Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: Affected Government Agencies ® Interested, Parties Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND IS EFFECTIVE ON OCTOBER 8, 2009. 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 with the Oregon Land Use Board of Appeals (LUBA) within 21 days according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639 -4171. 1 CERTIFICATE OF SERVICE 2 I hereby certify that on September 28, 2009, I served a true and correct copy of 3 the foregoing NOTICE OF INTENT TO APPEAL on all of the persons listed in paragraphs III 4 and IV of this Notice pursuant to OAR 661 -10- 015(2) by mailing in a sealed, first -class 5 postage - prepaid envelope and deposited with the United States Postal Service, Portland, Oregon. 6 DATED this 28th day of September, 2009. 7 8 ' _/ 9 WV William L. Rasmussen 10 Oregon State Bar No 064782 11 Attorney for Petitioner Fred Fields 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 - Page 1 - CERTIFICATE OF SERVICE PDXDOCS 1864269 1 1 CERTIFICATE OF FILING 2 I hereby certify that on September 28, 2009, I filed the original of this NOTICE 3 OF INTENT TO APPEAL, together with two copies, with the Land Use Board of Appeals, 4 Public Utility Commission Building, 550 Capitol Street N.E., Suite 235, Salem, Oregon, 5 97301 -2552, by certified mail, return receipt requested. 6 Dated: September 28, 2009 7 MILLER NASH LLP 8 / (/;1/ William L. Rasmussen 10 Oregon State Bar No. 064782 11 Attorney for Petitioner Fred Fields 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Page 1 - CERTIFICATE OF FILING PDXDOCS 1864269 1 • Section 18.410 LOT LINE ADJUSTMENTS 18.410.040.A Approval Criteria 4. With regard to flag lots: b. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040-.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. • Section 18.760 NONCONNFORMING SITUATIONS 18.760.040 Criteria for Nonconforming Situations D.Nonconforming use of structures 2. If a single structure or a structure and premises containing a number of lawful uses (except for a single accessory structure) existed as of March 16, 1983, and those uses would not be allowed in the zoning district in which they are located, or which are nonconforming because of inadequate off-street parking, landscaping or other deficiency (under the terms of this Section or amendment thereto), the lawful uses may be continued so long as they remain otherwise lawful, subject to the following provisions: e. When the use of the structure, including all uses, is discontinued or abandoned for three months, the structure and premises shall not thereafter be used except in full conformity with all regulations of the toning district in which it is located. For purposes of this Sation, a use :• :•• •: • :' • '• •. • Pre-Application Narrative Final City of Tigard Omnibus Code Amendment PAGE 32 OF 32 Development Code Amendment DCA2009-00003 5/6/2009 1 2 3 BEFORE THE LAND USE BOARD OF APPEALS 4 OF THE STATE OF OREGON • 5 6 FRED FIELDS, LUBA No, 2009 - ibg 7 Petitioner, 8 v. 9 CITY OF TIGARD, 10 Respondent. 11 NOTICE OF INTENT TO APPEAL 12 I. 13 Notice is hereby given that Petitioner, Fred Fields, intends to appeal that land use 14 decision or limited land use decision of Respondent, City of Tigard, entitled "AN ORDINANCE 15 ADOPTING OMNIBUS 'HOUSEKEEPING' ITEMS TO UPDATE THE TIGARD 16 MUNICIPAL CODE TITLE 18 (DEVELOPMENT CODE AMENDMENT- DCA2009- 00003)" 17 (TIGARD CITY COUNCIL ORDINANCE NO. 09 -13). Tigard City Council Ordinance No. 09- 18 13 is signed and dated September 8, 2009, and specifies that it becomes effective 30 days after 19 its passage by the Council, signature by the Mayor, and posting by the City Recorder. A copy of 20 the notice of decision for Ordinance No. 09 -13 is attached as Exhibit A. 21 II. 22 Petitioner is represented by Phillip E. Grillo, Miller Nash LLP, 111 S.W. Fifth 23 Avenue, Suite 3400, Portland, Oregon 97204, (503) 224 - 5858. Petitioner was not represented by 24 counsel in the proceedings below. 25 26 Page 1 - NOTICE OF INTENT TO APPEAL PDXDOCS:1864269.1 1 III. 2 Respondent has as its mailing address and telephone number: City Council, City 3 of Tigard, 13125 S.W. Hall Boulevard, Tigard, Oregon 97223, (503) 639 -4171, and has as its 4 legal counsel: Timothy V. Ramis of Jordan Schrader Ramis PC, P.O. Box 230669 Portland, 5 Oregon 97281, (503) 598 -7070. 6 IV. 7 Other persons mailed written notice of this land use decision by City of Tigard, as 8 indicated by the City of Tigard records in this matter, include: 9 John Frewing 10 7110 SW Lola Lane Tigard, OR 97223 11 12 NOTICE: 13 All persons, other than the governing body, who desire to participate as a party in 14 this case before the Land Use Board of Appeals must file with the Board a Motion to Intervene 15 in this proceeding as required by OAR 661 - 010 -0050. 16 DATED this 28th day of September, 2009. 17 MILLER NASH LLP 18 ' _ ,, / 19 1 William L. Rasmussen 20 Oregon State Bar No. 064782 Phillip E. Grillo 21 Oregon State Bar No. 85220 22 Attorney for Petitioner Fred Fields 23 24 25 26 Page 2 - NOTICE OF INTENT TO APPEAL PDXDOCS:1864269.1 F . 120 DAYS = N/A DATE OF FILING: 9/9/200', EXHIBIT A DATE MAILED: 9/9/2009 C, CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT (DCA) 2009 -00003 Case Name: OMNIBUS "HOUSEKEEPING" ITEMS Applicant's Name /Address: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 -8189 Owner's Names /Addresses: N/A Address of Property: Citywide Tax Map /Lot Nos.: N/A A FINAL • • ID • CO • ORA 1G i1 F' , - h� 04 • I• ,` - • - 1 1 REQUEST FOR A DEVELOPMENT CODE AMENDMENT (ORDINANCE NO.09 -13). THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON - ULY 6, 2009 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 SEPTEMBER 8, 2009 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FAC IS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER Subject: > A Development Code Amendment to promote consistency among the Code Chapters. These "housekeeping" items are from Community Development Code Chapters 18.120 Definitions, 18.220 Zoning Administration, 18.310 Summary of Land Use Permits, 18.330 Conditional Use, 18.350 Planned Developments, 18.360 Site Development Review, 18.385 Miscellaneous Permits, 18.390 Decision-Making Procedures, 18.410 Lot Line Adjustments, 18.430 Subdivisions, 18.510 Residential Zoning Districts, 18.520 Commercial Distracts, 18.530 Industrial Zoning, 18.640 Durham Quarry Design Standards, 18.705 Access, Egress, and Circulation, 18.710 Accessory Residential Units, 18.715 Density Computations, 18.730 Exceptions to Development Standards, 18.742 Home Occupations, 18.745 Landscaping and Screening, 18.760 Non - Conforming Situations, 18.765 Off- Street Pkimg and Loading Requirements, 18.775 Sensitive Lands, 18.780 Signs, and 18.798 Wireless Communication Facilities. ZONE: Various residential, commercial and industrial zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390. Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2: Land Use Planning. Metro Functional Plan: Metro Code Sections 3.07, Urban Growth Management Functional Plan. Statewide • Planning Goals 1, 2. Action: ➢ ® Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: ® Affected Government Agencies ® Interested, Parties Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND IS EFFECTIVE ON OCTOBER 8, 2009. 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 with the Oregon Land Use Board of Appeals (LUBA) within 21 days according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639 -4171. • 1 CERTIFICATE OF FILING 2 I hereby certify that on September 28, 2009, I filed the original of this NOTICE 3 OF INTENT TO APPEAL, together with two copies, with the Land Use Board of Appeals, 4 Public Utility Commission Building, 550 Capitol Street N.E., Suite 235, Salem, Oregon, 5 97301 -2552, by certified mail, return receipt requested. 6 Dated: September 28, 2009 7 MILLER NASH LLP 8 I ,! 9 �"V William L. Rasmussen 10 Oregon State Bar No. 064782 11 Attorney for Petitioner Fred Fields 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Page 1 - CERTIFICATE OF FILING PDXDOCS:1864269.1 1 CERTIFICATE OF SERVICE 2 I hereby certify that on September 28, 2009, I served a true and correct copy of 3 the foregoing NOTICE OF INTENT TO APPEAL on all of the persons listed in paragraphs III 4 and IV of this Notice pursuant to OAR 661 -10- 015(2) by mailing in a sealed, first -class 5 postage - prepaid envelope and deposited with the United States Postal Service, Portland, Oregon. 6 DATED this 28th day of September, 2009. 7 8 9 1/:// 10 William L. Rasmussen Oregon State Bar No. 064782 11 Attorney for Petitioner 12 Fred Fields 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Page I - CERTIFICATE OF SERVICE PDXDOCS'1864269.1 lit 0 r Department of Land Conservation and Development ' 635 Ca itol Street,Suite 150 ,:.e � i ,; Salem,OR 97301-2540 itnieJf r' ! Theodore R Kulonwsk,,Gorey (503)373-0050 {, . �7-3 . 1 �. Fax(503)378-5518 www.lcd.state onus NOTICE OF ADOPTED AMENDMENT ` ,.YV. 9/18/2009 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Plan Amendment Program Specialist SUBJECT: City of Tigard Plan Amendment DLCD File Number 004-09 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: Thursday,October 01,2009 This amendment was submitted to DLCD for review 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 THAT IT WAS MAILED TO DLCD. AS A RESULT, YOUR APPEAL DEADLINE MAY BE EARLIER THAN THE ABOVE DATE SPECIFIED. Cc: Dick Bewersdorff,City of Tigard Gloria Gardiner,DLCD Urban Planning Specialist Meg Fernekees,DLCD Regional Representative • Amanda Punton,DLCD Regional Representative <paa> YA • ❑ In person ❑electronic ❑ mailed DLCD PT OF DE Notice of Adoption SEP 1.1 2009 LAND CONSERVATION THIS FORM MUST BE MAILED TO DLCD AND DEVELOPMENT WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION PER ORS 197.610,OAR CHAPTER 660-DIVISION 18 For DLCD t-se Only Jurisdiction: City of Tigard Local file number: DCA2009-00003 ' Date of Adoption: 9/8/09 Date Mailed: 9/9/09 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? YesDate: 5/6/09 ❑ Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ® Land Use Regulation Amendment ❑ Z• oning Map Amendment ❑ New Land Use Regulation ❑ O• ther: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". A Development Code Amendment to promote consistency among the Code Chapters. These "housekeeping" items are from Community Development Code Chapters 18.120 Definitions, 18.220 Zoning Administration, 18.310 Summary of Land Use Permits, 18.330 Conditional Use, 18.350 Planned Developments, 18.360 Site Development Review, 18.385 Miscellaneous Permits, 18.390 Decision-Making Procedures, 18.410 Lot Line Adjustments, 18.430 Subdivisions, 18.510 Residential Zoning Districts, 18.520 Commercial Zoning Districts, 18.530 Industrial Zoning, 18.640 Durham Quarry Design Standards, 18.705 Access,Egress,and Circulation, 18,710 Accessory Residential Units, 18.715 Density Computations, 18.730 Exceptions to Development Standards, 18.742 Home Occupations, 18.745 Landscaping and Screening, 18.760 Non-Conforming Situations, 18.765 Off-Street Parking and Loading Requirements, 18.775 Sensitive Lands, 18.780 Signs, and 18.798 Wireless Communication Facilities. Does the Adoption differ from proposal? No, no explaination is necessary Plan Map Changed from: N/A to: N/A Zone Map Changed from: N/A to: N/A Location: Citywide . . - Acres Involved: 0 Specify Density: Previous: N/A New: N/A Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 n ❑ u I ❑ . . Was an Exception Adopted? ❑ YES ® NO Did DLCD receive a Notice of Proposed Amendment... 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 DLCD file No. 004-09(17556)[15713] ' r • Please list all affected State or Federal Agencies, Local Governments or Special Districts: City of Tigard Local Contact: Hap Watkins Phone: (503) 718-2440 Extension: Address: 13125 SW Hall Boulevard Fax Number: 503-718-2748 City: Tigard Zip: 97223-8189 E-mail Address: haDAt Bard-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. 1. Send this Form and TWO Complete Copies(documents and maps) 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. Electronic Submittals: At least one hard copy must be sent by mail or in person,but you may also submit an electronic copy, by either email or FTP. You may connect to this address to FTP proposals and adoptions: webserver.lcd.state.or.us. To obtain our Username and password for FTP, call Mara Ulloa at 503-373-0050 extension 238, or by emailing mara.ulloa @state.or.us. 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 now access these forms online at http://www.lcd.state.or.us/. Please print on 8-1/2x11 green paper only. You may also 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. http://www.lcd.state.or.us/LCD/forms.shtml Updated November 27,2006 • CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 09-'3 AN ORDINANCE ADOPTING OMNIBUS "HOUSEKEEPING" ITEMS TO UPDATE THE TIGARD MUNICIPAL CODE TITLE 18 (DEVELOPMENT CODE AMENDMENT-DCA2009-00003) WHEREAS, the City has proposed amendments to the Tigard Municipal Code Tide 18;and WHEREAS,the Tigard Planning Commission held a public hearing,which was noticed in accordance with City standards, on July 6, 2009, and recommended approval of the proposed DCA2009-00003, as amended, by motion and with unanimous vote;and WHEREAS, on September 8, 2009, the Tigard City Council held a public hearing, which was noticed in accordance with City standards, to consider the Planning Commission's recommendation on DCA2009-00003; and WHEREAS, on September 8, 2009, the Tigard City Council adopted DCA2009-00003 by motion pursuant to the public hearing and its deliberations;and WHEREAS, Council's decision to adopt DCA2009-00003 is based on the findings and conclusions found in the City of Tigard Staff Report to the Planning Commission dated May 26, 2009, and the associated record, which are incorporated herein by reference and are contained in land-use file DCA2009-00003;and WHEREAS, the Tigard City Council has determined that the proposed Development Code Amendments are consistent with the applicable Review Criteria,and that approving the amendments would be in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Municipal Code Tide 18 is amended as shown in"EXHIBIT A";and SECTION 2: The findings in the May 26,2009 Staff Report to the Planning Commission, Minutes of the July 6, 2009 Planning Commission hearing, and the Minutes of the September 8, 2009 . Council hearing are hereby adopted in explanation of the Council's decision;and SECTION 3: 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. 09- 13 Page 1 • ' r • PASSED: By '2 2/ 91167(.4. vote of Council members present after being read by number and title only,this r04- day of ` - ,2009. Carol A. Krager,Deputy Ci ecorder • APPROVED: By Tigard City Council this gf� day of „......-....2.._%�—�<< i Craig irksen,Mayor Ap*roved as to form: . Atilr City Attorney • Date • ORDINANCE No. 09-13 ' Page 2 • w. EXHIBIT "A" AMENDMENTS TO THE TIGARD DEVELOPMENT CODE (TITLE 18) I AS PROPOSED IN LAND USE CASE IDCA2009-00003 (Bold and underline text indicates proposed new language and a e-through indicates language proposed to I be deleted.) Chapter 18.120 DEFINITIONS 1 8.120.030 Meaning of Specific Worth and Terms A. For additional words and terns, also see Use Classifications (Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755); Sensitive Lands (Section 18.775);Signs (Section 18.780); Tree Removal(Section 18.790);and Wireless Communication Facilities(Section 18.798).As used in this title, the following words and phrases mean: I 4. 'Accessory building or structure"-Afemiandirts structure whose use is incidental and subordinate to the main use of properly and-is l o a n e d on t h e s a m e l o t a s t h e m a i n u s e is f c . ..n. • •'.,. • o , • '• = s_ - • e s , .n- habita]le space as defined by the State Building code. 6. `Addition"-A modification to an existing building or atrwdure which increases its height or increases the site coverage. A I structure is considered an addition only when it shares a c_onamon wall and is structurally depepdent on the. .'s : .t. ,i .re. .lso".__ �• . ,uildi i • .r stru '---t"a.t• K OM i • • • 1 I • 43. "Common Wall"—A wall or joined walls that share a boundary to provide separation of interior spaces, For vertical additions.a floor/ceiling assembly is a shared boundary separating spaces. Finding: This proposed amendment clarifies accessory structure definitions and associates all relevant definitions to work in concert. These definitions help to define accessory structures to avoid large buildings I attached by breezeways and refine the wording of Director's Interpretation of July 3, 2006. Therefore, this proposed amendment better implements the City 's Comprehensive Plan and implementing ordinances by I aligning all associated defuutions. I 18.120.030 Meaning of Specific Words and Terms I A. For additional morels and terms, also see Use Classifuntions (Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755);Sensitive Lands (Section 18.775); Signs (Section 18.780); Tree Removal(Section 18.790);and Wireless Communication Facilities(Section 18.798).As used in this title,the following words antiphrases mean: 54. `Densiy"-The intensity of residential land uses,usually staled as the number of housing units per acre and defined in Section 13. 18.715. I Finding: Scrivener's error; incorrect Code Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. I I I 18.120.030 Meaning eSpecific Words and Terms A. For additional words and terms, also see Use Classifications (Section 18.130);Mixed Solid Waste and Raydabk Storage (Section 18.755);Sensitive Lands (Section 18.775);Signs (Section 18.780); Tree Removal (Section 18.790); and Wireless Communication Facilities(Section 18.798).As used in this title, the following words and phrases mean: 1 c • i1 . ', . IL fi t e i I :"— If •s. S W ' 1 . . . r l• • • - • • •1 il. :! • 1.1 • O ti .'I! in I pnderlying zone and involve only minor structures such as ender, -und utilities and construction of roadway improvements including sidewalks. curbs.sereetljgbj, and drivewg Ispnzns+ppmer lines tjd I poles,phone booths. fire hydrants. as well as bus stops., benches and mailbox-which are necessao'to gupport principal developtllent I DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 1 OF 19 • 0 t. Finding: This clarifies the term used in the Sensitive Lands Chapter so that:it is the same as the original sensitive lands regulations and so as not to be confused with principal structures like streets. The term "public support facilities' is used in the Sensitive Lands Section but is not defined. This amendment uses the definition listed in the 1984 code and helps to eliminate confusion about what is meant by the term. This also aligns with Tigard Development Code Section 18.775.020.E.1.a. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.220 ZONING ADMINISTRATION • 18.220.020 Zoning Distnct Map A. Consirtenry with zoning map. The boundaries of each of the oirgoing districts aft listed in Table 1° "n 1 Chapter 18.500 and the Zoning classification and use of each tract in each o said zoning district u peneived to coincide with the identifying zone classification shown on the map entitled `Tigard Zoning istrict Map'; dated with the effective date oof this title retained by the City Reconier and t ferred to as the "zoning district map."Said map by this reference is made a part of this title. A certified print of the adopted Zoning district map or map amendments shall be maintained in the office of the Planning Division as long as the code remains in effect. . Finding: Scrivener's error; the referenced table "Table 18.220.1" doesn't exist. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by-promoting consistency among the Code Sections. Chapter 18.310 SUMMARY OF LAND USE PERMITS 18.310.020 Summa! of Land Use Permits A. Summary Table. The table summarizing the decision-making procedure and substantive approval requirements of each land use permit and related action i r presented en Table 18.310.1 below: TABLE 18.310.1(Con't.) Decision-Making Approval Other Development Land Use Permit/Action Type Criteria Regulations Sensitive Lands • Within 100-Year Flood Plain kIII-HO 1,8.775.020.E 4'18.775.070B 18.775 • With Excessive Slopes LII, III-H03 18.775.020.E 4'18.775.070C 18.775 • Within Drainage Ways LII,III-1103 18.775.020:E 4'18.775.070D 18.775 • Within Wetlands II,III-H03 18.775.070E 18.775 • Permitted U9c3 With Mitigation I . 18.797.060A D 18.797 No Alternative II 18.797.060B D 18.797 III-HO3 1 97.060B D 18:797 Add footnote (4] Type I procedures are reviewed with criteria of 18.775.020.E Type II and III procedures are reviewed with criteria 18.771070.B, Finding; Scrivener's error. This amendment is proposed because the City does not have a fee for Type I sensitive lands. Additionally, the Table doesn't list Type I sensitive lands permits and lists a "water resources overlay" which no longer exists. Therefore, this proposed amendment better implements the City's 1 Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. I DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 2 OF 19 Ali Nor Chapter 18.330 CONDITIONAL US 18.330.020 Approval Process E Approval period Conditional use appmglby the Hearings Officer s1_+�tl be effective for a period oft- __ r. . h cif . i•.it. . , '. ± !J the ,e •SOI __.. _ ..: . 1. Substantial construction of the approved plan has not begun within a one and one half year period; Construction on the site is a departure from the approved plan, 18.330.020.E Minor modification ofapproved or exxrting conditional use. 2.An licnnt ma3+ request approval of a minor mod:flu:lion by means of a Type I procedure, as regulated by Section 48.6120.010 2u using approval criteria in Subsection C3 below. Chapter 18.390 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE TABLE 18.390.1 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE Type Permit/Land . Cross-Reference(s) • I(18.390.030) Accessory Residential Units . 18.710 Wireless Communications Facilities-- 18.370.040 C8b; 18798 • Setback from Other Towers Conditional Use/Minor Modification 18.330,030 Type Permit/Land Cross-Reference() II(18.390.040) Access/Egress Adjustment 18.370.020 C3b . . . ,Finding: 18.330 does not explicitly state apppproval for 18 months while 18.330.030A.6. relates to site development review, which could be applied.This makes the approval period consistent with that of the site development review process. There is a conflict between Sections 18.390 and 18.330 regarding minor modifications to Conditional Use Permits. The City has been.processing CUP minor modifications as Type I processes based on 18.330.020.C.2 and Table 18.310. Contrary to this,u 18390.040 shows a minor modification as a Type II procedure. To address this, 18.330.020.C.2 should refer to Section 18.390.030 because the minor modification application is a Type I. In this amendment, Table 18390.1 is modified to remove CUP minor modifications from the Type II Section and added to the Type I Section.Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency. among the Code Sections and review processes. it Chapter 18.350 PLANNED DEVELOPMENTS 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: 4. In addition, the following criteria shall be met: I DCA2009-00003 8/25/09 Proposed Amcndmcnts to TMC Tide 18 PAGE 3 OF 19 y i m. Shared open space facilities: These re.ui = _r• : . .licable _ :', ': • a nee .m . ,. 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 100yearfoodplain). (2)Passive use facilities. Up to 100%of the open space requirement may be satisfied b providing a detailed development plan for improvements(including landscaping,irrigation,pathway and other structural improvements)forpassive 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 structured 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. Finding: The new PD Section requires commercial and industrial uses to adhere to the same open space standard as a residential subdivision.The Planning Commission members have said that this was not intended. Shared open space facilities are problematic and provide for a significant cost and feasibility impact for conventional commercial development unless there are existing natural areas that could not otherwise be developed. With this standard, there is little expectation that any developer would volunteer to use the PD process. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by relining regulations to their intent. Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.080 Exceptions to Standards • 18.360.080 Exceptions to Standards 18.360.080 Exceptions to Standards D. Exceptions to landscaping requirements. The Director Mall ant an exception to the landscaping requirements of this code, Section 18120450, 18.360.070.B.4 upon finding.that e oven&landscape plan provides for at least 20 percent of the gross site to be landscaped Finding. The existing section refers to old development Code's Site Development Review Process. Additionally, the word"shall"if the.overall landscape plan provides for 20% could be problematic since that is the standard for most zones. 18.360.030 Approval Process A. New devellopments and maay�oor modifications Site development review fo�r�a new development or major modification of an 4prroved plan or existing development, as defined in Section 1 360.OJOA, 18.360.02A,A shall be processed by means of a }pe II procedure, as governed by Section 161.390.040, using approval criteria contained in Section 18.360.090. Finding This•amendment is proposed because the section refers to itself as a definition. The proposed language references the list of the Site Development Review processes. • Chapter 18.385 MISCELLANEOUS PERMITS Note:Entire Section Removed Chapter~-18.385 Seetiienes DCA2009-00003 8/25/09 Proposed Amendments ro TMC Tide 18 PAGE 4 OF 19 • • . .•. . .. • - .. .. - : •• - •. . . . earkstreelientrer mot _ Y_ _ • n l l.\1\. f1owiRtelik • • • M • ) DCA2009-00003 8/25/09 Proposed Amendments to TMC 18 PAGB 5 OF 19 • • . _ .. .. ._. . • . . f l ) eenstettetietg l • - - Qom:. . ..• _ . � � • .. • es* • , hem DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 6 OP 19 • • • fallowing f _ • • • • • • • • gyp.. prop t •. DCA2009-00003 8/25/09 Proposed Amendments to'17v1C Title 18 PAGE 7 OF 19 • • depth4e43edroek;-and • - - Prepettyt Y. - __ • • • _ • s DCA2009-00003 8/25/09 Proposed Amendmcnts•toTMC Title 18 - PAGE 8 OP 19 ` S • ViStlf&Gleatafteel • •, Y• .. • .. r. - , 2 . - : ., w . .•• ..• - .: '! � • • - '/ • _ .. • =set ho set i. . . . atteeturft p Visuiti-Ekeftritne0s Y. • r • • • Y. . 1 DCA2009-00003 8/25/09 Proposed Amendments to T TMC Title 18 PAGE 9 OF 19 • • • • loodet • t , d of ap • Finding: This Section is repetitive relative to existing code requirements. It is repeated in each individual Section of the development code pertaining to the permits listed in Section 18.385. This redundancy creates confusion for applicants and City Staff. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.390 DECISION-MAKING PROCEDURES 18.390.080 General Provisions E. Director's duties With regard to processing applications submitted under this Section,the Director chalk 3.Accept all development applications which comply with the provisions of Section 44:38063 0390.080.D.3. Finding: Scrivener's error;incorrect Section reference.Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.390.040 Type 11 Prviced.ue C.Notice of pending Le Xl Administrative Decision, - 1. Prior to making a Type II Administrative Decision,the Director shall provide notice to: a. All owners of rewrd within 500 feet of the subject site; b. Any Civ-recognited neighborhood group whose boundaries include the site; Any governmental agent'which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or who is otherwise entitled to such notice. and 18.390.050 Type HI Procedure C Notice of hearing 1. Mailed notice.Notice of a Type II Administrative Appeal hearing or Type HI hearing shall be given by the Director in the following manner: a. At least 20 days prior to the hearing date,notice shall be sent by mail to: (1) The applicant and all owners or contract porharerr of record of the site which is the subject of the application; (2) All property owners of retort!within 500 feet of the site; (3) Any affected,governmental agency which has entered into an intergovernmental agreement with the City which includes provision for such notice,or who is otherwise entitled to such notice; (4) Any City-recognized neighborhood got_ . • _ -- . - - . _. . . .. : whose boundaries include the site; ' DCA2009-00003 8/25/09 Proposed Amendments to TMC Tide 18 PAGE 10 OF 19 • • • (5) Any person who bat submitted a written request,and who has paid a fee established by the City Council;and (6) In actions involving appeals, the appellant and all parties to the appeal • • and • - 18.390.060 Type IV Procedure • D.Notice gf'hearing, 1. Required hearings. Two hearings, one b fore the Commission and one before the Counci4 are required for all Type IV actions, except annexations where only a bearing by the Ciy Council is required 2. Notification requirements.Notice of the public bearings for the request shall be given by the Director in the following manner. a. .AI least ten days prior to the scheduled hearing date, notice shall be:sent to: (1) The applicant, (2) Any(fated governmental a.eney; • : .. . Any City recognized neighborhood group whose boundaries include the site;and (4) Any person who requests notice in writing and pays a fee established by Council resolution. • Finding: These amendments synchronize the neighborhood notice process for Type II, III,and IV Procedures. This will allow City Staff to send notices based on the new Neighborhood Network Boundaries (or any future boundary) for all types of decisions. Therefore, this proposed'.amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.410 LOS" LINE ADJUSTMENTS 18.410.040.A Approval Criteria 4. With regard to flag lots. - b.A screen shall be provided along thepropery line of a lot of record when the paved drive in an access way is located within ten feet of an abutting lot in accordance with Sections 8.745.049.050. Screening may also be required to maintain privacy fir abutting lots and to provide usable outdoor recreation areas for proposed development. Finding: Scrivener's error;incorrect Section. Therefore,this proposed amendment better lements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.430 SUBDIVISIONS 18.430.030 ApPIWal Procau B. Review of final plat. Review of a final p/at for subdivision shall be processed by means of a Type I procedure, as governed by Section 18.390,using approval criteria contained in Section 444-30:080/8.430,070 Finding: Scrivener's error,incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.510 RESIDENTIAL ZONING DISTRICTS 18.510.060 Acceuory Structuves A Permitted uses.Accessory structures are permitted by right in all residential Zones s4'ect to the following. 2.Non-dimensional requirements. b.An accessory structure shall comply with all of the requirements of the ntfer►wrBedlderg-Cede. State Building Code Ail F The "Uniform Building Code (UBC)" has been updated to the"State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. DCA2009-00003 8/25/09 Proposed Amendments to TMC Tide 18 PAGE 11 OP 19 • • i 18.510.020 List of Zoning Districts H. R40:Mediunp-High-Density Residential District. The R-40 Zoning district is designed to accommodate existing housing of all tomes and new attached single family and multi family housing units with no minimum lot site or-mteeimtim-denstiit. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted condltionaly F�This amendment is proposed because the existing text is inconsistent with the Tigard Comprehensive Plan. According to the Comprehensive Plan, "Medium-High Density Residential"includes the R-25 zone, not the R-40 zone. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the these two documents. Chapter 18.520 COMMERCIAL ZONING DISfl(ICTS TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-NI'I C-CI51 C-G C-P CBD MUEI20I MUC-1 MUC 121 MUE MUR ' i and 21281 1 and 2151 CIVIC ' (INSTITUTIONAL) Basic Utilities C N N C C C C CM CI 321 CP2I CI521 C1 _ _ Colleges N N N N N C C C C C Community Recreation N P N N P C N P C C Cultural Institutions P P P P P P P P P N Day Care P P P P P P P P , P , P/CI331 Emergency Services P P P P P P P P P N Medical Centers C N C C C C C C C C Postal Service P P P P. P P P P P N ' . Public Support P P P P P P P P P P Facilities Religious Institutions C C P 6 p P . P G g P P C Schools N N N N N C C C C C Social/Fraternal C C P P P P P P P C Clubs/Lodges COMMERCIAL Commercial Lodging N N P RI'el P P P �P P N Eating and Drinking C P P RI's1 P P P P P R130/34 Establishments Finding:, Because churches are currently a conditional use while social and fraternal clubs are permitted has been a1itigated situation.Additionally, the amendment conditionally permits basic utilities in the C-C and C-G zones. This was an oversight when transferring uses from the original code to the existing version. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by adhering to land use law precedence. . 18.520.030 Uses C Accessory stnrcturrs 1.Accessory structures are permitted in all commercial Zones providing the site is still in compliance with all development standards, including but not limited to setbacks, hei ht, lot rnvern a and landscapin requihrments, of the base Zone.All accessory structures. shall cnmptyt with all requirements o the fen�rg-6sde. State Building Code Findings:The"Uniform Building Code (UBC)" has been updated to the"State Building Code".Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. • DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 1'AGE 12 01119 • • • TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C.NI'I C-C151 ' C-G C-P CBD MUEP°I MUC-1 MUCI221 MUE MUR 1 and 1 and • 21221 21281 - Detention Facilities N N C N C N N Heliports N N C C C N N 1 Minim N N N N N N N Wireless ' P/Ru' P/R' P R P/R'" P/R''' P/R''' P/Rl‘" ' Communication Facilities Rail Lines/Utility P 'P P P P P P Corridors • Other C'm' CI7°' NA NA C'"' NA NA P=Permitted R=Restricted C=Conditional Use ANA=Nat Applicable N=Not Permitted • 121 JMulti family residentia4 at 25 rmits/gross acre, allowed outright. Pre-existing detached and attached .tingle fancily dwellings are permitted outright. • The language in the zoning code allows attached single family residential. If this is not reflected in this table, 0 multi-family becomes a substantial review not intended. Additionally, there is no Bull Mtn. CP district and there is no longer CP district in the Triangle. 18.520.040 Development Standards A. Compliance required All development must campy with: 1.All of the applicable development standards contained in the undo • Zoning distict, except where the applicant has obtained varianar or adjustments in accordance with Sections . 18.370; Finding:Scrivener's error;incorrect Section reference.Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. • Chapter 18.530 INDUSTRIAL ZONING DISTRICT TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living _ R' R' R' Group Living - N R N N Transitional Housing N N N Home Occupation N N N CIVIC(INSTITUTIONAL) . Basic Utilities Cla Cil P ' Colleges N N N Community Recreation C10 C'0 Ci0 Cultural Institutions N N N Day Care • R3.9 R3'9 R3'9 Emergency Services P P P Medical Centers • N N N Postal Service P P P Public Support Facilities P P P Religious Institutions , N N N DCA2009-00003 8/25/09 Proposed Amendments to TTMC Title 18 PAGE 13 OF 19 • 4. Schools N N .N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R2 N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services • R2 N N - Repair-Oriented P N N - Bulk Sales R4'11 N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P 9Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor open space setbacks. 1°Limited to outdoor Recreation on (1.) land classified as floodplain on City flood maps, when the recreational use .0 does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and (2.) land located outside the floodplain as shown on City flood maps,when the Recreation Use is temporary and does ' not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district. "These limited uses,shall only be allowed in IP zoned property east of SW 72"d Avenue.These uses,separately or in combination shall not exceed 60,000 square feet of gross leasable area in a single building, or commercial retail uses with a total of more than 60,000 square feet of retail sales area on a single lot or parcel, or on contiguous lots or parcels, including those separated only by transportation right-of-way. (Ord.04-14) 12Except water and storm and sanitary sewers.which are allowed by right, Ei.a&g This was an oversight when transferring uses from the original code to the existing version.Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by creating consistency among Code Sections. Chapter 18.640 DURHAM QUARRY DESIGN STANDARDS 18.640.070 Signs I . In addition to the requirem nts of Section 18.780 of the Development Code. the following standardk $hail be met: DCA2009-00003 8/25/09 Proposed Amendments to TMC Tide 18 PAGE 14 OF 19 • • • • • 1 . in• District r• • la 'i : R- :i. ':1 • . - elo.m• t L within • M :h ll m i re4 -. rm-n_: fir - R •.t zo. ' S- tion 18. , B. , • , .i. - , ', . , ems .me!_ - M L - 1 s all meet_the requirementa of the C-13 zone,Section 18.780.130.D. 2, Sign area limits. The maximum *n area limits found in Section 18.780.130 shall not be exceeded, no area limit increase will be permitted, 3.Height limits. The m ximum height limit for all signs exc Lwall signs shall be 10 fees. Wall signs shill not extend above the roof line of the wall on which the Signs is located. No height increases will be permitted. • 4. Sign location. Freestanding signs within the Durham Qjirry shall not be permitted within the required L-1 landscape areas, - Finding: This amendment is proposed because the Durham Quarry does not have sign standards listed in its section. Staff has been using the CP standards but there.is no actual linkage in the code. These were the standards used for Washington Square from which the Quarry standards were chosen.This proposal is to add District-specific sign standards. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. • Chapter 18.705 ACCESS, EGRESS,AND CIRCULATION 18.705.030 General Prnvisioru L Director's authority to restrict access. The Director has the authoriy to restrict access when the need to do so is dictated by one or more of the following conditions: ' 11• 4.A decision by the Director per 18.705.030 K L 1.-3. above may be appealed by means of a Type l7 procedure, as regulated by Section 18390.040,using criteria contained in Section 18.370.020 C3. on. 06-20,Ord. 02-33) Finding: Scrivener's error, incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. • Chapter 18.710 ACCESSORY RESIDENTIAL UNITS 18.710.020 Standards B.Limitations An accessory residential unit is permitted providing there is compliance with all of the following standards:- 3. The number o residents permitted to inhabit the accessory residential unit is regulated by the btir� eede`State Building Code; Lading: The"Uniform Building Code (UBC)" has been updated to the "State Building Code".Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. Chapter 18.715 DENSITY COMPUTATIONS • 18.715.020 Density Calculation A. Definition of net development arts Net development area, in acres, shall be determined b subtracting the following land area(s) • from the gross acres,which is all of the land included in thi legal description of the prnper!y to be developed: 3.All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used b.Multi family development..allocate 15%of gross acreage or deduct the actual private drive ate. Finding: This proposed amendment makes clear that private drive in multi-family projects would be deducted as a private street in lieu of using 15%. LCA2009-00003 8/25/09 Proposed Amendments to TMC Tide 18 PAGE 15 OF 19 • • • 6 18.715.030 Residential Density Transfer B. Underying development standards.All density transfer development proposals shall comply with the development standards of the applicable underlying Zoning district unless developed under the provisions of Section 44:440 18.350•Planned Development. (Ord. 06-20)u Finding: Scrivener's error;incorrect Section reference.Therefore, this proposed amendment better implements the.City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. • Chapter 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS • • 18.730.020 Exceptions to Building Height Limitations C.Building heights and flag lots. 2. The maximum height for an attached or detached single famiy, duplex, or multiple famiy residential structure on a flag lot or a lot having sole access from an access way,private drive or easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2-1/2 stories or 35 feet,whichever is less,provide& a. The proposed dwelling otherwise complies with the applicable dimensional and height requirements of the Zoning district; Finding: This section describes 2 and 1/2 stories or 35 feet,but the limit in the code in R-1,R-2,R-3.5 and R-4.5 zones is 30 feet. This proposed amendment synchronizes this section with Table 510.2. Chapter 18.742 HOME OCCUPATIONS 18.742.040 General Approval Criteria and Standards A. General criteria.Allhome occupations except those that have proven nonconforming status shall observe the following criteria in addition to the standards established for Type I and Type II Uses described in Section 18.742.050 of this Section. 5. A home occupation shall not make necessary a change in the State Building Code use classification of a dwelling unit.Any accessory building that is used must meet ifetrit-13seiMing-Ece State Building Code requirements; Finding:The "Uniform Building Code (UBC)" has been updated to the "State Building Code".Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. Chapter 18.745 LANDSCAPING AND SCREENING 18.745.050.E. Screening:special provisions. 3. Screening of swimming pools. All swimming pools shall be enclosed as required by State Building Code; Finding: The "Uniform Building Code (UBC)"has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.745.040 Street Trees G. Granting of adjustments. Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in.Section 18.370.020.C.4.b.18.370.020.C.6.b. • Findings: Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-00003 8/25/09 Proposed Amendments to TMC Tide 18 PAGE 16 OF 19 • • apter :.7 I ` • `"_C ;i.y I— , 18.760.040 Criteria for Nonconforming Situations • D.Nonconforming use of structures • 2.If a single structure or a structure and containing a number of lawful uses(except for a single accessory structure)existed as of March 16, 1983, and those uses would not be allowed in the Zoning district in which they are located or which are nonconforming because of inadequate offstreet parking, landscaping or other.defureney (smiler the terms of this Section or amendment thereto), the lawful user may be continued so long as they remain othenvire lawful,subject to the following provisions•. e. When the use of the straawre,. including all uses, is discontinried E or abandoned for three months; the structure and premises shall not thereafter be used except in full conformity with all regulations of the Zoning district in which it is located For following-events: Finding. There are no events listed in the Code, reference to events is removed. Therefore, this proposed amendment better implements the City's Comprehensive Plan and limplementing ordinances by promoting consistency among the Code Sections. !. Chapter 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirements (Cont.) 5 -ice" ,. WMr '` �i+'�41 d'*F�-'�'�° u�4'^• .,�, • .41.) :_. Y, ', li Motor Vehicle Related- Motor Vehicle 1.0/1,000 but no 1.3/1,000 but no. 2.0/1,000 but no 0.2/1,000 sales area Sales/Rental less than 4.0 less than 4.0 less than 4.0 Motor Vehicle 2.0/1,000 but no 2.3/1,000 but no 2.6/1,000. but no 0.2/1,000 Servicing/Repair less than 4.0 s than 4.0 less than 4.0 Vehicle Fuel Sales 3.0+2.0 service bay . .0+2.0/service bay 4.0+2.5/service bay 0.2/1,000 Office 2.7/1,000 ,a .4/1,000 4.1/1,000 0.551,000 Medical / Dental 3.9/1,000 (M) .4.9/1,000 (M) 5.9/1,000� 0.4/1,000 Office Self-Service ' 1.0/4 storage units 1 1.0/4 store units 1.0/2 storage units 1.0 40 storage units Storage Non-Accessory none none ' none none . • Parking Finding The Medical/Dental office use was omitted in the original code.This clarifies use standards. 18.765.030 General Provisions G. Disabledaarssible parking. All parking areas shall be provided with the required number o/'parking spaces for disabled persons as spec feed by the State-of Ov+ge State Building Code 'and Nerd standards. Such parking spaces shall be sized,signed and marked as required regulations. Finding:The"Uniform Building Code (UBC)" has been updated to the"State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. • 18.765.040 General Design Standards . D. On-site vehide stackingfor drive-in we. 2. The Director may reduce the length of the inbound stacking lane by means of a abutment to be reviewed throu h a Type Iprocedure, as governed by Section 18.320:39018.390.030,using approval criteria contained in Section .3 . • DCA2009-00003 8/25/09 Proposed Amendnnents to TMC"Title 18 PAGE 17 OP 19 • • Finding: Scrivener's error;incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing. ordinances by promoting consistency among the Code Sections. 18.765.070 Minimum and Maximum Off-Street Parking Requirements F.Reductions in minimum required vehicle parking. Reductions in the required number of vehicle parking spaces may be permitted as follows: 1. The Director may reduce off-street vehicle parking spaces per Section 18.765.070.H by up to 20% in new developments for the incorporation of transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented developments and other transit- related development through a Type H procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.b 18.370.020.C.7.b.Applicants who qualify for this adjustment may also apply for further parking reductions per 18.765.070.F.2.below; 2. The Director may reduce the total required off-street vehicle parking spaces per Section 18.765.070.H by up to a total of 20%by means of parking adjustment to be reviewed through a Type II procedure, as,governed by Section 18.390.040, using approval criteria contained in Section 13.370.020.C.5.a 18.370.020.C.7.a. 3. The Director is authorised to reduce up to 10%of existing required parking spaces at a conversion ratio of one parking space for each 100 square feet of transit facility for developments which incorporate transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or other transit-related facilities through a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.370.020.C.5.c.18.370.020.C.7.c. Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.775 SENSITIVE LANDS 18.775.020 Applicability of Uses:Permitted,Prohibited,and Nonconforming E.Administrative sensitive land,review. 1.Administrative sensitive lands permits in the 100year floodplain, drainage way,slopes that are 25% or greater, and unstable ground shall be obtained from the appropriate community development division for the following: a. The City Engineer shall review the installation of public support facilities • . . . . ... . , .- . by means of a Type I procedure,as governed by Section 18.390.030 subject to compliance with all of the standards in this Section; Finding: This amendment is proposed to make the Code consistent with proposed amendments for Section 18.120.030, Meaning of specific words and terms A.117 "public support facilities". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.780 SIGNS 18.780.015 Definitions A. Definitions.Ar used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions, and are as follows: 8. `Billboard"means a freestanding sign in excess of the maximum sire allowed, with adustments, in the locations where it is located or proposed to be located Billboards are—prohibited by Tigard Code Section 18.780.070.M: Certain Signs Prohibited. Fes: The existing text describes Freeway-oriented sign and implies billboards which are prohibited.The Oregon Motorist.Information Act provides for billboards while the City's code prohibits by 18.780.070.m. To make the code more dear, this amendment is proposed to note that billboards are prohibited by 18.780.070.m. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.020 Permits Required , C. Compliance with UBC State Building Code. Separate structural permits under the State DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 18 OF 19 • • Building Code shall also apply. F�: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.780.070 Certain Signs Prohibited B. Unsgfe signs or improperly maintained slBJu. No sign shall be constructed,erected or maintained unless the sign and sign structure is so constructed erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the Urreform BasldIng-Code$tate Building Co$e or this title. Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.780.140 Sign Code Adjustments A.Ar usiments. The Director may grant an ad ustment to the requirements of this Section by means of a Type I or Type IIprnxdure,as governed by Section 18.390,-using approval criteria in Section-1.8470:020-64. C.8 Finding: Scrivener's error;incorrect Section reference.Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.130 Zoning District Regulations E.In the C-N and GC tones.No sign shall be permitted in the C N and 6B6 C-C,tones except for the following: Finding: Scrivener's error; incorrect Zoning District reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.015 Definitions A. Definitions.As wed in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110,Definitions, and are as follows: 7. `Bench sign" . :: ,..,,means a bench designed to se gt people with a sign painted or air=• on the surface. �u •• This amendment effectively removes any reference to content of the sign. Content is not permitted to be regulated by federal law. This amendment addresses.the City Attorneys concern rovided by Gary Firestone. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with contemporary land use law. Chapter 18.798 WIRELESS COMMUNICATION FACILTI IES 18.798.060.B. Review criteria.Any use subject to review per Section A above, shall be evaluated using the following standards. 3. Setbacks:Towers shall be set backErrors the property line by a distance equal to the height of the tower..A_Te 11 a4;ustment may be obtained to reduce this setback, sulyect to criteria of approval contained in Section 18.370.020.C. F" n . Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City's omprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. • UCA2009-00003 8/25/09 Proposed Amendments to TMCTite 18 PAGE 19 OF 19 rA4i ' • 021M $ 06.66° , • eltseN, 70 81,0 C]II01 3831 8910 i r MA0004227235 IIEOFROM sEP os ZIPCODE 2202053 97223 City of Tigard Current Planning Division 13125 SW Hall Blvd. T I GARD Tigard, OR 97223 DEPT OF • SEP 1.1 2009 ATTN: PLAN AMENDMENT SPECIALIST IANOCONEERVAT10N OR Dept. of Land Conservation &Development AND DEVELOPMENT 635 Capital Street NE,Suite 150 Salem, OR 97301-2540 • • • C in person ❑ electronic ❑ mailed Z DLCD Pkti Notice of Adoption 00p THIS FORM MUST BE MAILED TO DLCD WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION PER ORS 197.610,OAR CHAPTER 660-DIVISION 18 For DLCD Use Only Jurisdiction: City of Tigard Local file number: DCA2009-00003 Date of Adoption: 9/8/09 Date Mailed: 9/9/09 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? YesDate: 5/6/09 ❑ Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ▪ Land Use Regulation Amendment ❑ Zoning Map Amendment ❑ New Land Use Regulation ❑ Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". A Development Code Amendment to promote consistency among the Code Chapters. These "housekeeping" items are from Community Development Code Chapters 18.120 Definitions, 18.220 Zoning Administration, 18.310 Summary of Land Use Permits, 18.330 Conditional Use, 18.350 Planned Developments, 18.360 Site Development Review, 18.385 Miscellaneous Permits, 18.390 Decision-Making Procedures, 18.410 Lot Line Adjustments, 18.430 Subdivisions, 18.510 Residential Zoning Districts, 18.520 Commercial Zoning Districts, 18.530 Industrial Zoning, 18.640 Durham Quarry Design Standards, 18.705 Access, Egress, and Circulation, 18.710 Accessory Residential Units, 18.715 Density Computations, 18.730 Exceptions to Development Standards, 18.742 Home Occupations, 18.745 Landscaping and Screening, 18.760 Non-Conforming Situations, 18.765 Off-Street Parking and Loading Requirements, 18.775 Sensitive Lands, 18.780 Signs, and 18.798 Wireless Communication Facilities. Does the Adoption differ from proposal? No, no explaination is necessary Plan Map Changed from: N/A to: N/A Zone Map Changed from: N/A to: N/A Location: Citywide Acres Involved: 0 Specify Density: Previous: N/A New: N/A Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 X X Was an Exception Adopted? ❑ YES ® NO Did DLCD receive a Notice of Proposed Amendment... 45-days prior to first evidentiary hearing? ® Yes ❑ No If no, do the statewide planning goals apply? f Yes ❑ No If no, did Emergency Circumstances require immediate adoption? ❑ Yes ❑ No DLCD file No. , Please list all affected State or Oleral Agencies, Local Governmenlik Special Districts: City of Tigard Local Contact: Hap Watkins Phone: (503) 718-2440 Extension: Address: 13125 SW Hall Boulevard Fax Number: 503-718-2748 City: Tigard Zip: 97223-8189 E-mail Address: hap(a 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. 1. Send this Form and TWO Complete Copies (documents and maps) 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. Electronic Submittals: At least one hard copy must be sent by mail or in person, but you may also submit an electronic copy, by either email or FTP. You may connect to this address to FTP proposals and adoptions: webserver.lcd.state.or.us. To obtain our Username and password for FTP, call Mara Ulloa at 503-373-0050 extension 238, or by emailing mara.ulloa @state.or.us. 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 now access these forms online at http://www.lcd.state.or.us/. Please print on 8-1/2x11 green paper only. You may also 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. http://www.lcd.state.or.us/LCD/forms.shtml Updated November 27,2006 ..., i • U.S. Postal Service,. CERTI C 1 (Domestic Ann: Patty/Planning ) r4 • RE: DCA2009-00003 1 Cr For delivery Omnibus"Housekeeping"hems 1 "Notice of Adoption" r� + Postage �, v r,. o , 1 Certified Fee 1110/Mil rrpp 4 $E' r9 i i Postmarl3, O Return Receipt Fee Hem,r ,?- . to (Endorsement Required) / S:7 e- ;, CI Restricted Delivery Fee �y�a �" (Endorsement Required) ad'` �/ O 4C' .v.�.�°` cril Total Postage&Fees nriNitil• ru Sent To , cD , CI stmt.AptNo.; ' ATTN: PLAN AMENDMENT SPECIALIST I:3 of PO Box No. Oregon Dept.of Land Conservation&Development r- City,State,ZIP+4 • 635 Capital Street NE,Suite 150 Salem,OR 97301-2540 PS Form 3800,Augu ••• - bons SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. `gnature item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X _ 1i I Addressee so that we can return the card to you. ceived by(Printed Name) C. D o elivery • Attach this card to the back of the mailpiece, `✓�l�CL�-=v - f�i t or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? Yes If YES,enter delivery address below: ❑No I . ATTN: PLAN AMENDMENT SPECIALIST Oregon Dept.of Land Conservation&Development ' 635 Capital Street NE,Suite 150 3. Service Type Salem,OR 97301-2540 ,ail Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. • 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) r` 7008 2810 0001 3831 8910 f it PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 j - I • • Staff will be at a booth talking about upcoming downtown projects and transportation topics. 5:30 p.m.Family picnic and ice cream at the library. Councilors will be serving hotdogs and hamburgers to the first 300 picnickers 7:00 p.m.Free Tualatin Valley Community Band concert Fireworks at dusk Ms.Bengtson noted that there are already 215 entrants for the Fun Run. Councilor Buehner complimented the committee on their poster this year. Mayor Dirksen asked Ms. Bengtson to show the poster. www.tigard-or.gov/farnily fest Agenda Item Order Revised. Item No. 8 will be considered after Agenda Item No. 5 8. 7:45:05 PM CONSIDER PROPOSED ORDINANCE AMENDING CITY'S GAS TAX TO BRING IT INTO COMPLIANCE WITH STA'1E GAS TAX T.FGISLATIVE CHANGES Mayor Dirksen asked Council if they concurred with moving this item up on the agenda. Finance and Information Services Director LaFrance noted that this was discussed at the August 18 Workshop meeting. Conflicts between the City's current Gas Tax Ordinance and the new State legislation were highlighted and potential solutions discussed. Councilor Buehner clarified that the City is just changing the language so it will comply with the legislature change. The amount and where it is going are not changed. Councilor Webb asked if the only way to get bonding is by changing the existing ordinance. Finance and Information Director LaFrance said she was correct. Councilor Webb moved to adopt Ordinance No.09-12. Council President Wilson seconded the motion. Deputy Recorded Krager took a roll call vote. The motion passed unanimously. Yes No Councilor Webb x Council President Wilson x Councilor Buehner x Mayor Dirksen Councilor Henderson x 7:49:30 PM 6. LEGISLATIVE PUBLIC HEARING—DEVELOPMENT CODE AMENDMENT(DCA 2009-00003) "T OMNIBUS "HOUSEKEEPING"ITEMS Mayor Dirksen opened the public hearing at 7:49 p.m. City Attorney Ramis read the rules of process for a land use public hearing. Mayor Dirksen asked if any Council members wished to report a conflict of interest. No declarations or challenges to Council participation were noted. TIGARD CITY COUNCIL/LCRB MINUTES - September 8, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 4 of 6 • Assistant Planner Watkins gave the staff report on these minor amendments brought together in one "housekeeping"amendment to the Development Code. These amendments will increase the Code's consistency and uniformity,thus making it easier for staff and the public to use.He listed the amendments by type. No one signed up to give public testimony on the sign-up sheet available at the front of the room. Mayor Dirksen asked if there was anyone present who wanted to testify either for or against this code amendment. No one did. Assistant Planner Watkins said the staff recommendation was to adopt the Ordinance. Mayor Dirksen asked if there was any Council discussion. Councilor Buehner said the cross-referencing was very helpful and recommended it for all future Code updates. Council President Wilson asked about references to Durham Quarry,which is presently known as Bridgeport Village. Council and staff discussed this and Councilor Buehner asked if it could be changed tonight by motion. City Attorney Ramis said the language change could be induded in a motion. Assistant Planner Watkins said staff could go back and list the area by both titles. City Manager Prosser suggested that due to the uncertainty,this issue be put on a list for future changes. Council President Wilson said the reference might match pre-construction studies so perhaps it should remain in the document. There being no further discussion,Mayor Dirksen dosed the public hearing at 8:02 p.m.. Councilor Buehner moved for adoption of Ordinance 09-13. Council President Wilson seconded the motion. A roll call vote was taken and Ordinance 09-13 was approved unanimously. Yes No Councilor Webb x Council President Wilson x Councilor Buehner x Mayor Dirksen x Councilor Henderson x 7. REVIEW OF CITYWIDE SEWER EXTENSION PROGRAM • Community Dcvdopmcnt Department Mayor Dirksen announced that Agenda Item No. 7 has been rescheduled to the November 10,2009 Council meeting. 8. CONSIDER PROPOSED ORDINANCE AMENDING CITY'S GAS TAX TO BRING IT INTO COMPLIANCE WITH STAlE GAS TAX T.FGISLATIVE CHANGES Agenda Item Order Revised. Item No. 8 was considered after Agenda Item No. 5 TIGARD CITY COUNCIL/LCRB MINUTES — September 8, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 5 of 6 120 DAYS =N/A DATE OF FILING: 9/9/20. 111 DATE MAILED: 9/9/2009 C CITY OF TIGARD ARD.� Washington County, Oregon • NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT (DCA) 2009-00003 Case Name: OMNIBUS "HOUSEKEEPING" ITEMS Applicant's Name/Address: City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223-8189 Owner's Names/Addresses: N/A • Address of Property: Citywide 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. 09-13). THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON JULY 6, 2009 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON TIE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON SEPTEMBER 8, 2009 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: > A Development Code Amendment to promote consistency among the Code Chapters. These "housekeeping" items are from Community Development Code Chapters 18.120 Definitions, 18.220 Zonin Administration, 18.310 Summary of Land Use Permits, 18.330 Conditional Use, 18.350 Planned Developments, 18.360 Site Development Review, 18.385 Miscellaneous Permits, 18.390 Decision-Making Procedures, 18.410 Lot Line Adjustments, 18.430 Subdivisions, 18.510 Residential Zoning Distracts, 18.520 Commercial-Zoning Districts, 18.530 Industrial Zoning, 18.640 Durham Quarry Design Standards, 18.705 Access, Egress, and Circulation, 18.710 Accessory Residential Units, 18.715 Density puuations, 18.730 Exceptions to Development Standards, 18.742 Home Occupations, 18.745 Landscaping d Screening, 18.760 Non-Conforming Situations, 18.765 Off-Street Parking and Loading Requirements, 18.775 Sensitive Lands, 18.780 Signs,and 18.798 Wireless Communication Facilities. ZONE: Various residential, commercial and industrial zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390. Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2: Land Use Planning. Metro Functional Plan: Metro Code Sections 3.07, Urban Growth Management Functional Plan. Statewide PlammngGoals 1,2. Action: > ® .Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper,posted at City Hall and mailed to: Affected Government Agencies ® Interested Parties Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND IS EFFECTIVE ON OCTOBER 8,2009. 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 with the Oregon Land Use Board of Appeals (LUBA) within 21 days according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. • S CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 09-/3 • AN ORDINANCE ADOPTING OMNIBUS "HOUSEKEEPING" ITEMS TO UPDAl'E THE TIGARD MUNICIPAL CODE TITLE 18 (DEVELOPMENT CODE AMENDMENT-DCA2009-00003) WHEREAS, the City has proposed amendments to the Tigard Municipal Code Title 18;and WHEREAS, the Tigard Planning Commission held a public hearing,which was noticed in accordance with City standards, on July 6, 2009, and recommended approval of the proposed DCA2009-00003, as amended, by motion and with unanimous vote;and WHEREAS, on September 8, 2009, the Tigard City Council held a public hearing, which was noticed in accordance with City standards, to consider the Planning Commission's recommendation on DCA2009-00003; and WHEREAS, on September 8, 2009, the Tigard City Council adopted DCA2009-00003 by motion pursuant to the public hearing and its deliberations;and WHEREAS, Council's decision to adopt DCA2009-00003 is based on the findings and conclusions found in the City of Tigard Staff Report to the Planning Commission dated May 26, 2009, and the associated record, which are incorporated herein by reference and are contained in land-use file DCA2009-00003;and WHEREAS, the Tigard City Council has determined that the proposed Development Code Amendments are consistent with the applicable Review Criteria, and that approving the amendments would be in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Municipal Code Title 18 is amended as shown in "EXHIBIT A";and SECTION 2: The findings in the May 26, 2009 Staff Report to the Planning Commission, Minutes of the July 6, 2009 Planning Commission hearing, and the Minutes of the September 8, 2009 Council hearing are hereby adopted in explanation of the Council's decision;and SECTION 3: 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. 09- /3 Page 1 r • PASSED: By e,(2722, 2 vote of Council members present after being read by number and title only, this fSLfr." day of , 2009. Carol A. Krager,Deputy Ci ecorder APPROVED: By Tigard City Council this f - day of _ ' / A ' .A. .......Zr Craig ir � ksen,Mayor Ap.roved as to form: Air City Attorney Date • ORDINANCE No. 09-13 Page 2 • • EXHIBIT "A" AMENDMENTS TO THE TIGARD DEVELOPMENT CODE (TITLE 18) AS PROPOSED IN LAND USE CASE DCA2009-00003 (Bold and underline text indicates proposed new language and strik-e-tlifough indicates language proposed to be deleted.) Chapter 18.120 DEFINITIONS 18.120.030 Meaning of Specific Words and Terms A. For additional words and terms, also see Use Classifications (Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755); Sensitive Lands (Section 18.775);Signs (Section 18.780); Tree Removal (Section 18.790); and Wireless Communication Facilities(Section 18.798).As used in this title,the following words and phrases mean: 4. `Accessory building or structure"-A freestanding structure whose use is incidental and subordinate to the main use of property and-ja located on the same lot as the main use and is freestanding or is joined to the primary structure solely by non- habitable space as defined by the State Building Code. 6. `Addition"-A modification to an existing building or structure which increases its height or increases the site coverage. A structure is considered an addition only when it shares a common wall and is structu .lly dependent on the primary structure. (See also"Accessory building or structure"and"common wail"l 43. "Common Wall"—A wall or joined walls that share a boundary to provide separation of interior spaces.. For vertical additions,a floor/ceiling assembly is a shared boundary separating spaces. Finding: This proposed amendment clarifies accessory structure definitions and associates all relevant definitions to work in concert. These definitions help to define accessory structures to avoid large buildings attached by breezeways and refine the wording of Director's Interpretation of July 3, 2006. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by aligning all associated definitions. 18.120.030 Meaning of Specific Words and Terms A. For additional words and terms, also see Use Classifications (Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755);Sensitive Lands (Section 18.775);Signs (Section 18.780); Tree Removal (Section 18.790); and Wireless Communication Facilities(Section 18.798).As used in this title,the following words and phrases mean: 54. `Density"- The intensity of residential land uses, usually stated as the number of housing units per acre and defined in Section 18.720. 18.715. Finding: Scrivener's error; incorrect Code Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.120.030 Meaning of Specific Words and Terms A. For additional words and terms, also see Use Classifications (Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755); Sensitive Lands (Section 18.775); Signs (Section 18.780); Tree Removal (Section 18.790);and Wireless Communication Facilities(Section 18.798).As used in this title,the following words and phrases mean: 117. "Public support facilities"—Services which are necessary to support uses allowed outright in the underlying zone and involve only minor structures such as underground utilities and construction of feadway improvements including sidewalks, curbs. streetlights,find driverAy aprqps,power lines and poles.phone booths, fire hydrants. as well as bus stops, benches andinailboxes which are necessary to support principal development DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 1 OF 19 . • . , Finding: This clarifies the term used in the Sensitive Lands Chapter so that it is the same as the original sensitive lands regulations and so as not to be confused with principal structures like streets. The term "public support facilities' is used in the Sensitive Lands Section but is not defined. This amendment uses the definition listed in the 1984 code and helps to eliminate confusion about what is meant by the term. This also aligns with Tigard Development Code Section 18.775.020.E.1.a. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.220 ZONING ADMINISTRATION 18.220.020 Zoning District Map A Consistency with toning map. The boundaries of each of the oregoing districts as listed in Table 18.220.1 Chapter 18.500 and the toning classification and use of each tract in each o said zoning district is perceived to coincide with the identifying tone classification shown on the map entitled `Tigard Zoning District Map' dated with the effective date of this title retained by the City Recorder and referred to as the "toning district map."Said map by this reference is made a part of this title. A certied print of the adopted Zoning district map or map amendments shall be maintained in the office of the Planning Division as long as the code remains in effect. Finding: Scrivener's error; the referenced table "Table 18.220.1" doesn't exist. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by-promoting consistency among the Code Sections. Chapter 18.310 SUMMARY OF LAND USE PERMITS 18.310.020 Summary of Land Use Permits A. Summary Table. The table summariingthe decision-making procedure and substantive approval requirements of each land use permit and related action is presented in Table 18.310.1 below: TABLE 18.310.1 (Con't.) Decision-Making Approval Other Development Land Use Permit/Action Type Criteria Regulations Sensitive Lands • Within 100-Year Flood Plain kIII-HO 18.775.020.E 4'18.775.070B 18.775 • With Excessive Slopes III,III-H03 18.775.020.E 4'18.775.070C 18.775 • Within Drainage Ways III,III-1403 18.775.020.E 418.775.070D 18.775 • Within Wetlands II, III-H03 18.775.070E 18.775 • Permitted U3c9 With Mitigation I 18.797.060A D 18.797 No Alternative II 18.797.060B D 18.797 • Conditional U3c3 III 1104 18.797.060B D 18.797 Add footnote 141 Type I procedures are reviewed with criteria of 18.775.020.E Type II and III procedures are reviewed with criteria 18.775.070.B. Finding: Scrivener's error. This amendment is proposed because the City does not have a fee for Type I sensitive lands. Additionally, the Table doesn't list Type I sensitive lands permits and lists a "water resources overlay" which no longer exists. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 2 OF 19 • • Chapter 18.330 CONDITIONAL USE 18.330.020 Approval Process E. Approval period. Conditional use approval by the Hearings Officer shalLhe effective for a period of 1- 1/2 years from the date of approval. The conditional use approval by the Hearings Officer shall lapse if: 1. Substantial construction of the approved plan has not begun within a one and one half year period; Qd 2. Construction on the site is a departure from the approved plan. 18.330.020.C.Minor modification of approved or existing conditional use. 2. An applicant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.010 1 using approval criteria in Subsection C3 below. Chapter 18.390 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE TABLE 18.390.1 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE Type Permit/Land Cross-Reference(s) I (18.390.030) Accessory Residential Units 18.710 Wireless Communications Facilities-- 18.370.040 C8b; 18798 Setback from Other Towers Conditional Use/Minor Modification 18.330.030 Type Permit/Land Cross-References) II(18.390.040) Access/Egress Adjustment 18.370.020 C3b Finding: 18.330 does not explicitly state approval for 18 months while 18.330.030A.6. relates to site development review, which could be applied.-This makes the approval period consistent with that of the site development review process. There is a conflict between Sections 18.390 and 18.330 regarding minor modifications to Conditional Use Permits. The City has been processing CUP minor modifications as Type I processes based on 18.330.020.C.2 and Table 18.310. Contrary to this, 18.390.040 shows a minor modification as a Type II procedure. To address this, 18.330.020.C.2 should refer to Section 18.390.030 because the minor modification application is a Type I. In this amendment, Table 18.390.1 is modified to remove CUP minor modifications from the Type II Section and added to the Type I Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections and review processes. Chapter 18.350 PLANNED DEVELOPMENTS 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: 4.In addition, the following criteria shall be met: DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 3 OP 19 • • m. Shared open space facilities: These requirements are applicable to residential planned developments only 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 100yearfloodplain). (2) Passive use facilities. Up to 100% of the open space requirement may be satisfied b providing a detailed development plan for improvements(including landscaping,irrigation,pathway and other structural improvements)forpassive 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. Finding: The new PD Section requires commercial and industrial uses to adhere to the same open space standard as a residential subdivision. The Planning Commission members have said that this was not intended. Shared open space facilities are problematic and provide for a significant cost and feasibility impact for conventional commercial development unless there are existing natural areas that could not otherwise be developed. With this standard, there is little expectation that any developer would volunteer to use the PD process. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by refining regulations to their intent. Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.080 Exceptions to Standards 18.360.080 Exceptions to Standards 18.360.080 Exceptions to Standards D. Exceptions to landscaping requirements. The Director 4all m ant an exception to the landscaping requirements of this code, Section 18.120.150, 18.360,070.B.4 upon finding thaterall landscape plan provides for at least 20 percent of the gross site to be landscaped. Finding: The existing section refers to old development Code's Site Development Review Process. Additionally, the word "shall" if the overall landscape plan provides for 20% could be problematic since that is the standard for most zones. 18.360.030 Approval Process A. New developments and major modifications. Site development review or a new development or major modification of an approved plan or existing development, as defined in Section . , 18.360.020.A shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. Finding; This amendment is proposed because the section refers to itself as a definition: The proposed language references the list of the Site Development Review processes. Chapter 18.385 MISCELLANEOUS PERMITS Note:Entire Section Removed Chapter-18485 Seetie:ee . . - ' r ... 18. . 385060 Tree Reineval Pe......Sts e . .. • DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 4 OF 19 • • f f ! f -.. -. - .. _ -•. - •.. .f fftett . _- . . . f ; . •. . • . : - •. • - . 5 : • . - _ .. • DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 5 OF 19 w _ _ _ .111 . . . _ _ _ . • . -, . .: . _- . ' _ : : . - : - . , f eEjiletruetiefli A+ , f . .'. - .- - . : -- - . .: - : .. • . _-., - : .. .. - :'f •• gectio . eat L.e :_7.. DCA2009-00003 8/25/09 Proposed Amendments to'rMC Title 18 PAGE 6 OF 19 • • o • ails; L. T._ ......le. • 7 CS7 IICCISJC.7, ! _ _ Y_ . _ e _ _ have be -.G.-.7. f _ _ _ _ _ -- _ _ . _ a _ _ _ r: e'. . - . - - -- • :. - : - -_ - .- .. ..'. - . -- - - - 11 . DCA2009-00003 8/25/09 Proposed Amendments to'1'MC Title 18 PAGE 7 OF 19 • • if and . ! - - - - .• - •- • : :. - - •'•• . ; -- - " ..-•• � . _ • • _. • - .. - - _ bc.rft-soisfieelt - Y_ _ _ _ _ _ Si _ - f _ ... : __ - • _ _ _ _ - _ _ •• • • _ DCA2009-00003 8/25/09 Proposed Amendments to'FMC Title 18 PAGE 8 OF 19 • • ! 18.765,Off Strcct Parking; .. ._ thrtitroe: 2T-M 'ouaet streewre .:.. -., : ... . _ . , � , • , _ _.- . - . '. -. .. , _ ._ .. , • , Visual Clca ft ftee. ! DCA2009-00003 8/25/09 Proposed Amendments to TMC'I'itle 18 PAGE 9 OF 19 • 18.385.060 Tree nenteval n,.....,._.-.. - --:;- • - laftelse _ _ .. : -- .:, - . , : . -. -- - - -• - ' - - - - - • :..--- - -- Finding: This Section is repetitive relative to existing code requirements. It is repeated in each individual Section of the development code pertaining to the permits listed in Section 18.385. This redundancy creates confusion for applicants and City Staff. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.390 DECISION-MAKING PROCEDURES 18.390.080 General Provisions E. Director's duties. With regard to processing applications submitted under this Section, the Director shall: 3.Accept all development applications which comply with the provisions of Section 18.390.080.D.3, Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.390.040 Type II Procedure C. Notice of pending Type II Administrative Decision. 1. Prior to making a Type II Administrative Decision, the Director shall provide notice to: a. All owners of record within 500 feet of the subject site; b. Any City-recognised neighborhood group whose boundaries include the site; c. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or who is otherwise entitled to such notice. and 18.390.050 Type III Procedure C. Notice of hearing. 1. Mailed notice. Notice of a Type II Administrative Appeal hearing or Type III hearing shall be given by the Director in the following manner: a. .At least 20 days prior to the hearing date, notice shall be sent by mail to: (1) The applicant and all owners or contract purchasers of record of the site which is the subject of the application; (2) All propery owners of record within 500 feet of the site; (3) Any affected governmental agency which has entered into an intergovernmental agreement with the Ciy which includes provision for such notice, or who is otherwise entitled to such notice; (4) Any City-recognized neighborhood grour : = . . .• .. - whose boundaries include the site; DCA2009-00003 8/25/09 Proposed Amendments to'I'MC Tide 18 PAGE 10 OF 19 • • (5) Any person who has submitted a written request,and who has paid aim established by the City Council;and (6) In actions involving appeals, the appellant and all parties to the appeal and 18.390.060 Type IV Procedure D.Notice of hearing, 1. Required hearings. Two hearings, one before the Commission and one before the Council, are required for all Type IV actions, except annexations where only a hearing by the City Council is required. 2. Notification requirements. Notice of the public hearings for the request shall be given by the Director in the following manner: a. At least ten days prior to the scheduled hearing date, notice shall be sent to: (1) The applicant; (2) Any affected governmental agency; I .. . ; . Any City-recognized neighborhood group whose boundaries include the site;and (4) Any person who requests notice in writing and pays a fee established by Council resolution. Finding: These amendments synchronize the neighborhood notice process for Type II, III, and W Procedures. This will allow City Staff to send notices based on the new Neighborhood Network Boundaries (or any future boundary) for all types of decisions. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.410 LOT LINE ADJUSTMENTS 18.410.040.A Approval Criteria 4. With regard to ag lots: b.A screen s all be provided along the properly line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Sections 18.745.048-.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas forproposed development. Finding: Scrivener's error;incorrect Section.Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.430 SUBDIVISIONS 18.430.030 Approval Process B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Section 18.390,using approval criteria contained in Section 48430:080 18.430.070 Finding: Scrivener's error;incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.510 RESIDENTIAL ZONING DISTRICTS 18.510.060 Accessory Structures A. Permitted uses.Accessory structures are permitted by right in all residential tones subject to the following: 2.Non-dimensional requirements: b.An accessory structure shall cnmp/y with all of the requirements of the Uriferm-Bodifiirrg-Code. State Building Code AR Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. DCA2009-00003 8/25/09 Proposed Amendments to'I'MC Title 18 PAGE 11 OF 19 III • 18.510.020 List of Zoning Districts H. R-40:Medisort-High-Density Residential District. The R-40 Zoning district is designed to accommodate existing housing of all types and new attached single family and multi family housing units with no minimum lot size or-ftfreeiNtim-densift. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. Finding: This amendment is proposed because the existing text is inconsistent with the Tigard Comprehensive Plan. According to the Comprehensive Plan, "Medium-High Density Residential" includes the R-25 zone, not the R-40 zone. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the these two documents. Chapter 18.520 COMMERCIAL ZONING DISTRICTS TABLE 18.520.1 USE TABLE: COMMERCIAL Z ONES USE CATEGORY C-N[11 C-C151 C-G C-P CBD MUE(201 MUC-1 MUC 1281 MUE MUR 1 and 21281 1 and 21281 CIVIC (INSTITUTIONAL) Basic Utilities C N N C C C C C(3�1 C1321 C1321 01321 CAW Colleges N N N N N C C C C C Community Recreation N P N N P C N P C C Cultural Institutions P P P P P . P P P P N Day Care P P P P P P P P P P/C1331 Emergency Services P _P P P P P P P P N Medical Centers C N C C C C C C C C Postal Service P P P P. P P P P P N Public Support P P P P P P P P P P Facilities Religious Institutions C C P GE P . P G g P P C Schools N N N N N C C C C C Social/Fraternal C C P P P P P P P C Clubs/Lodges COMMERCIAL Commercial Lodging N N P Rl'41 P P P P P N Eating and Drinking C P P RI151 P P P P P 8134/351 Establishments 1 Finding: Because churches are currently a conditional use while social and fraternal clubs are permitted has been alitigated situation. Additionally, the amendment conditionally permits basic utilities in the C-C and C-G zones. This was an oversight when transferring uses from the original code to the existing version. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by adhering to land use law precedence. 18.520.030 Uses C.Accessory structures: 1.Accessory structures are permitted in all commercial Zones providing the site is still in compliance with all development standards, including but not limited to setbacks, hei ht, lot covera a and landscaping requirements, of f the base Zone. All accessory structures shall comply with all requirements o the�3srr k. State Building Code ' :....., , . Findings:The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. , DCA2009-00003 8/25/09 Proposed Amendments to'1'MC'I'itle 18 PAGE 12 OF 19 • • • TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N1111 C-CI51 C-G C-P CBD MUEI20I MUC-1 MUC1281 MUE MUR 1 and 1 and 21281 21281 Detention Facilities N N C N C N N Heliports N N C C C N N • Mining ess P/RL'1 P/Rlsl P/R�31 P/Ri" PURL'' p/R''1 P/IV" Communication Facilities _ Rail Lines/Utility P P P P P P P Corridors Other Ci'" Cl" - NA NA C" NA NA P=Permitted R=Restricted C=Conditional Use NA=Not Applicable N=Not Permitted , , [21JMulti family residential, at 25 units/gross acre, allowed outright. Pre-existing detached and attached single family dwellings are permitted outfight. • Finding: The language in the zoning code allows attached single family residential. If this is not reflected in this table, all multi-family becomes a substantial review not intended. Additionally, there is no Bull Mtn. CP district and there is no longer CP district in the Triangle. 18.520.040 Development Standards A.Compliance required All development must comply with: 1.All of the applicable development standards contained in the undering Zoning distiict, except where the applicant has obtained variances or adjustments in accordance with Sections 18.310 and 18. 2018.370; Finding: Scrivener's error;incorrect Section reference.Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.530 INDUSTRIAL ZONING DISTRICTS TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I=II RESIDENTIAL Household Living R' R' R' Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC(INSTITUTIONAL) Basic Utilities Cn C'a P Colleges N N N Community Recreation C'° do do Cultural Institutions N N N Day Care R3'9 R3.9 R3'9 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 13 OF 19 • • Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R 2 N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales R4.1i N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C7 P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P 9Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor open space setbacks. - 10Limited to outdoor Recreation on (1.) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland;and (2.) land located outside the floodplain as shown on City flood maps,when the Recreation Use is temporary and does not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district. "These limited uses, shall only be allowed in IP zoned property east of SW 72id Avenue. These uses,separately or in combination shall not exceed 60,000 square feet of gross leasable area in a single building,or commercial retail uses with a total of more than 60,000 square feet of retail sales area on a single lot or parcel, or on contiguous lots or parcels, including those separated only by transportation right-of-way. (Ord. 04-14) 12Except water and storm and sanitary sewerswhich are allowed by right. Finding: This was an oversight when transferring uses from the original code to the existing version. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by creating consistency among Code Sections. Chapter 18.640 DURHAM QUARRY DESIGN STANDARDS 18.640.070 Signs A. In addition to the requirements of Section 1$,780 of the Development Code, the following standards shall be met: DCA2009-00003 8/25/09 Proposed Amendments to TMC;Title 18 PAGE 14 OF 19 • . • 1. Zoning District regulations. Residential only developments within the MUC-1 shall meet the sign requirements for the R-40 zone Section 18.780.130,B; non residential development within the MUC- 1 shall meet the requirements of the C-P zone, Section 18.780.130.D. 2. Sign area limits. The maximum sign area limits found in Section 18.780.130 shall not be exceeded, no area limit increase will be permitted. ,3.Height limits. The maximum height limit far all signs except wall signs shall be 10 feet. Wall signs shall not extend alaQye the roof line of the wall on which the signs is locate& No height increases will be permitted. 4. Sign location. Freestanding signs within the Durham Quarry shall not be permitted within the required L-1 landscape areas. Finding: This amendment is proposed because the Durham Quarry does not have sign standards listed in its section. Staff has been using the CP standards but there is no actual linkage in the code. These were the standards used for Washington Square from which the Quarry standards were chosen. This proposal is to add District-specific sign standards. Therefore, this proposed amendment better implements the City's Comprehensive Plan.and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.705 ACCESS, EGRESS, AND CIRCULATION 18.705.030 General Provisions L Director's authoriy to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: 4.A decision by the Director per 18.705.030 K L1.-3. above may be appealed by means of a Type II procedure, as regulated by Section 18.390.040, using criteria contained in Section 98.370.020 C3. (Ord. 06-20, Ord. 02-33) Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.710 ACCESSORY RESIDENTIAL UNITS 18.710.020 Standards B.Limitations.An accessory residential unit is permitted providing there is compliance with all of the following standards: 3. The number of residents permitted to inhabit the accessory residential unit is tvgulated by the b�irrfa �State Building Code; Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. Chapter 18.715 DENSITY COMPUTATIONS 18.715.020 Density Calculation A. Definition of net development area. Net development area, in acres, shall be determined b subtracting the following land areas) from the gross acres, which is all of the land included in the legal description of the proper y to be developed: 3.All land dedicatedforpublic rights-of-way. When actual information is not available,the followingfotmulas may be used b.Multifamily development:allocate 15% ofgross acreage or deduct the actual private drive area. Finding: This proposed amendment makes clear that private drive in multi-family projects would be deducted as a private street m lieu of using 15%. DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 15 OF 19 • • • 18.715.030 Residential Density Transfer B. Underlying development standards.All density transfer development proposals shall comply with the development standards of the applicable underlying zoning district unless developed under the provisions of Section 48.44918.350, Planned Development. (Ord 06-20)■ Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 18.730.020 Exceptions to Building Height Limitations C. Building heights and flag lots. 2. The maximum height for an attached or detached single family, duplex, or multiple family residential structure on a flag lot or a lot having sole access from an access way,private drive or easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2-1/2 stories or 35 feet, whichever is less,provided. a. The proposed dwelling otherwise complies with the applicable dimensional and height requirements of the zoning district; Finding: This section describes 2 and 1/2 stories or 35 feet, but the limit in the code in R-1, R-2,R-3.5 and R-4.5 zones is 30 feet. This proposed amendment synchronizes this section with Table 510.2. Chapter 18.742 HOME OCCUPATIONS 18.742.040 General Approval Criteria and Standards A. General criteria.All home occupations except those that have proven nonconforming status shall observe the following criteria in addition to the standards established for Type I and Type II Uses described in Section 18.742.050 of this Section. 5. A home occupation shall not make necessary a change in the State Building Code use classification of a dwelling unit.Any accessory building that is used must meet-Unifem-Building-Gede State Building Code requirements; Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. Chapter 18.745 LANDSCAPING AND SCREENING 18.745.050.E. Screening:special provisions. 3. Screening of swimming pools. All swimming pools shall be enclosed as required by City of Tigard Building Code State Building Code; Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.745.040 Street Trees G. Granting of adjustments. Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in.Section 18.370.020.C.I.b. 18.370.020.C.6.b. Findings: Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 16 OF 19 • • apter 18.7 I kO •N • ' G I 1 *NS 18.760.040 Criteria for Nonconforming Situations . D.Nonconforming use of striaums 2.If a single structure or a structure and premises containing a number of lawful uses(except for a single accessory structure)existed as of March 16, 1983, and those uses would not be allowed in the toning district in which they are located, or which are nonconforming because of inadequate off-street parking, landscaping or other deficiency (under the terms of this Section or amendment thereto), the lawful uses may be continued so long as they remain otherwise lawful,subject to the following provisions: e. When the use of the structure,. including all uses, it discontinued or abandoned for three months, the structure and premises shall not thereafter be used except in full conformity with all regulations of the toning district in which it is located For following-events: Finding: There are no events listed in the Code, reference to events is removed. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirements (Cont.) t l,7 ia �ts e tram_ RMENIA Lw LEa `tt :�I q f li ri.,i•'�istmgp�at�li.t•..t.pi 6.�4411sagt��# .� Motor Vehicle Related Motor Vehicle 1.0/1,000 but no 1.3/1,000 but no. 2.0/1,000 but no 0.2/1,000 sales area Sales/Rental less than 4.0 less than 4.0 less than 4.0 Motor Vehicle 2.0/1,000 but no 2.3/1,000 but no 2.6/1,000 but no 0.2/1,000 Servicing/Repair less than 4.0 less than 4.0 less than 4.0 Vehicle Fuel Sales 3.0+2.0/service bay 4.0+2.0/service bay 4.0+2.5/service bay 0.2/1,000 Office 2.7/1,000 . .4/1,000 4.1/1,000 0.5/1,000 Medical / Dentgl 3.9/1,000 (M) <4.9/1,000 � 5.9/1,000 0.4/1,000 Office Self-Service 1.0/4 storage units 1.0/4 storage units 1.0/2 storage units 1.0/40 storage units Storage Non-Accessory none none none none Parking Finding: The Medical/Dental office use was omitted in the original code. This clarifies use standards. 18.765.030 General Provisions G. Dirabled-accessible parking. All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State Building Code and federal standards. Sucb parking spaces shall be sized,signed and marked as required by these regulations. Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.765.040 General Design Standards D. On-site vehicle stacking for drive-in use. 2. The Director may reduce the length of the inbound stacking lane by means of a adjustment to be reviewed through a Type I procedure, as governed by Section 18.390.030,using approval criteria contained in Section 13.370.020.C.5g 18.370.020.C.7.g. DCA2009-00003 8/25/09 Proposed Amendments to'I'MCTitle 18 PAGE 17 OF 19 • Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.765.070 Minimum and Maximum Off-Street Parking Requirements F. Reductions in minimum required vehicle parking. Reductions in the required number of vehicle parking spaces may be permitted as follows: 1. The Director may reduce off-street vehicle parking spaces per Section 18.765.070.H by up to 20% in new developments for the incorporation of transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented developments and other transit- related development through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 13.370.020.C.5.b 18.370.020.C.7.b.Applicants who qualify for this adjustment may also apply for further parking reductions per 18.765.070.F.2.below; 2. The Director may reduce the total required off-street vehicle parking spaces per Section 18.765.070.H by up to a total of 20%by means of parking adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 1 3.370.020.C.5.a 18.370.020.C.7.a. 3. The Director is authori<ed to reduce up to 10% of existing required parking spaces at a conversion ratio of one parking space for each 100 square feet of transit facility for developments which incorporate transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or other transit-related facilities through a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.370.020.C.5.c. 18.370.020.C.7.c. Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.775 SENSITIVE LANDS 18.775.020 Applicability of Uses:Permitted, Prohibited, and Nonconforming E.Administrative sensitive lands review. 1.Administrative sensitive lands permits in the 100year floodplain, drainage way, slopes that are 25% or greater, and unstable ground shall be obtained from the appropriate community development division for the following:: a. The Engineer shall review the installation of public support facilities . . . . , •-.. . ' • , ; , - : • , : -; ; by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Section; Finding: This amendment is proposed to make the Code consistent with proposed amendments for Section 18.120.030, Meaning of specific words and terms A.117 "public support facilities". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.780 SIGNS 18.780.015 Definitions A. Definitions. As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions, and are as follows: 8. `Billboard"means a freestanding sign in excess of the maximum site allowed, with adjustments,in the locations where it is located or proposed to be located. Billboards are prohibited by Tigard Code Section 18.780.070.M: Certain Signs Prohibited. Finding: The existing text describes Freeway-oriented sign and implies billboards which are prohibited. The Oregon Motorist Information Act provides for billboards while the City's code prohibits by 18.780.070.m. To make the code more clear, this amendment is proposed to note that billboards are prohibited by 18.780.070.m. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.020 Permits Required , C. Compliance with -(3436 State Building Code. Separate structural permits under the State DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 18 OF 19 • Building Code shall also apply. Findings: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.780.070 Certain Signs Prohibited B. Unsafe sou or improper/y maintained sins. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the-3n fermi Building State Building Code or this title. Finding:The"Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.780.140 Sign Code Adjustments A. Adjustments. The Director may grant an adjustment to the requirements of this Section by means of a Type I or Type II procedure, as governed by Section 18.390, using approval criteria in Section 13.370.020 C.C. 18.370.020 C.8. Finding: Scrivener's error;incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.130 Zoning District Regulations E.In the C-N and C-C Zones No sign shall be permitted in the C-N and£BG C-C zones except for the following: Finding: Scrivener's error; incorrect Zoning District reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.015 Definitions A. Definitions.As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110,Definitions,and are as follows: 7. `Bench sign" ; .. . . .. : means a bench designed to seat people with a sign painted or affixe on the surface. Finding: This amendment effectively removes any reference to content of the sign. Content is not permitted to be regulated by federal law. This amendment addresses.the City Attorneys concern provided by Gary Firestone. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with contemporary land use law. Chapter 18.798 WIRELESS COMMUNICATION FACILITIES 18.798.060.13. Review criteria.Any use subject to review per Section A above, shall be evaluated using the following standards: 3. Setbacks: Towers shall be set back from the properly line by a distance equal to the height of the tower.A T_ype II adjustment may be obtained to reduce this setback, subject to criteria of approval contained in Section 18.370.020.C.8.40 Finding: Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGP..19 OF 19 • • • Staff will be at a booth talking about upcoming downtown projects and transportation '.ics. 5:30 p.m.Family picnic and ice cream at the library. Councilors will be serving h. dogs and hamburgers to the first 300 picnickers 7:00 p.m.Free Tualatin Valley Community Band concert Fireworks at dusk Ms.Bengtson noted that there are already 215 entrants for the Fun Run. Councilor Buehner complimented the committee on their poster thi 'ear. Mayor Dirksen asked Ms. Bengtson to show the poster. www.tigard-or.gov/family fest Agenda Item Order Revised. Item No. 8 will be considered after •:enda Item No. 5 8. 7:45:05 PM CONSIDER PROPOSED ORDINANC r AMENDING CITY'S GAS TAX TO BRING IT INTO COMPLIANCE WITH STATE GAS T• GISLATIVE CHANGES Mayor Dirksen asked Council if they concurr-. with moving this item up on the agenda. Finance and Information Services Direc .r LaFrance noted that this was discussed at the August 18 Workshop meeting. Conflicts between the City' urrent Gas Tax Ordinance and the new State legislation were highlighted and potential solutions scussed. Councilor Buehner clarified ..t the City is just changing the language so it will comply with the legislature change. The amount and ere it is going are not changed. Councilor Webb aske. the only way to get bonding is by changing the existing ordinance. Finance and Information Direct.. LaFrance said she was correct. Councilor We.. moved to adopt Ordinance No. 09-12. Council President Wilson seconded the motion. Deputy R, orded Krager took a roll call vote. The motion passed unanimously. Yes No Councilor Webb x Council President Wilson x Councilor Buehner x Mayor Dirksen x Councilor Henderson x 7:49:30 PM 6. LEGISLATIVE PUBLIC HEARING—DEVELOPMENT CODE AMENDMENT(DCA 2009-00003) OMNIBUS "HOUSEKEEPING"ITEMS Mayor Dirksen opened the public hearing at 7:49 p.m. City Attorney Ramis read the rules of process for a land use public hearing. Mayor Dirksen asked if any Council members wished to report a conflict of interest. No declarations or challenges to Council participation were noted. TIGARD CITY COUNCIL/LCRB MINUTES - September 8, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 4 of 6 • • • Assistant Planner Watkins gave the staff report on these minor amendments brought together in one "housekeeping"amendment to the Development Code. These amendments will increase the Code's consistency and uniformity,thus making it easier for staff and the public to use.He listed the amendments by type. No one signed up to give public testimony on the sign-up sheet available at the front of the room. Mayor Dirksen asked if there was anyone present who wanted to testify either for or against this code amendment. No one did. Assistant Planner Watkins said the staff recommendation was to adopt the Ordinance. Mayor Dirksen asked if there was any Council discussion. Councilor Buehner said the cross-referencing was very helpful and recommended it for all future Code updates. Council President Wilson asked about references to Durham Quarry,which is presently known as Bridgeport Village. Council and staff discussed this and Councilor Buehner asked if it could be changed tonight by motion. City Attorney Ramis said the language change could be included in a motion. Assistant Planner Watkins said staff could go back and list the area by both titles. City Manager Prosser suggested that due to the uncertainty,this issue be put on a list for future changes. Council President Wilson said the reference might match pre-construction studies so perhaps it should remain in the document. There being no further discussion,Mayor Dirksen dosed the public hearing at 8:02 p.m.. Councilor Buehner moved for adoption of Ordinance 09-13. Council President Wilson seconded the motion. A roll call vote was taken and Ordinance 09-13 was approved unanimously. Yes No Councilor Webb x Council President Wilson x Councilor Buehner x Mayor Dirksen Councilor Henderson x 7. D._ • _ • _ Y� I \ _ _ ..I_ _ MY_ • e • Mayor Dirksen announced that Agenda Item No. 7 has been resc•-:tiled to the November 10,2009 Council meeting. 8. CONSIDER PROPOSED ORDI► •i CE AMENDING CITY'S GAS TAX TO BRING IT INTO COMPLIANCE WITH ST: GAS TAX LEGISLATIVE CHANGES Agenda Item I .er Revised. Item No. 8 was considered after Agenda Item No. 5 TIGARD CITY COUNCIL/LCRB MINUTES — September 8, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 5 of 1 II • IPI City of Tigard TIGARD 1 Tigard Business Meeting — Agenda TIGARD CITY COUNCIL&LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE: September 8, 2009 MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (1'DD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead- time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (1'UD -Telecommunications Devices for the Deaf). CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday . 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL/LCRB AGENDA— September 8, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of4 • 114 City of Tigard Tigard Business Meeting — Agenda TIGARD TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: September 8, 2009/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM STUDY SESSION • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660(2) (e) to discus real property transaction All discussions are confidential and those present may disclose nothing from the Session.Representatives of the news media are allowed to attend Executive Sessions, as provided.by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order- City Council,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 7:35 PM 2. PROCLAMATIONS A. PROCLAIM SEPTEMBER AS NATIONAL ALCOHOL & DRUG ADDICTION RECOVERY MONTH B. PROCLAIM SEPTEMBER 17-23 AS CONSTITUTION WEEK • Mayor Dirksen 7:40 PM 3. CITIZEN COMMUNICATION (Two Minutes or Less,Please) • Tigard High School Student Envoy Taylor Friesen • Citizen Communication—Sign Up Sheet • Follow-up to Previous Citizen Communication TIGARD CITY COUNCIL/LCRB AGENDA— September 8, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of 4 I • 7:50 PM 4. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) These items are considered 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 Receive and File: a. Council Calendar b. Tentative Agenda 4.2 Approve an Amendment to the Intergovernmental Agreement between the City of Tigard and the Tigard-Tualatin School District 23J and Beaverton School District 48J for the collection of the construction excise tax and Authorize the City Manager to sign—Resolution No. 09- 4.3 Appoint Committee Members to the Transportation Advisory Committee (TAC) 4.4 Approve Amendment#1 to City Manager Employment Agreement 7:55 PM 5. REPORT ON FAMILY FEST • Administration Department 8:00 PM 6. LEGISLATIVE PUBLIC HEARING—DEVELOPMENT CODE AMENDMENT (DCA 2009-00003) OMNIBUS "HOUSEKEEPING" ITEMS a. Open Public Hearing b. Declarations or Challenges c. Staff Report: Community Development Department d. Public Testimony e. Staff Recommendation f. Council Discussion g. Close Public Hearing h. City Council Consideration: Ordinance No. 09- 8:25 PM Item 7 has been rescheduled to November 10,2009 7. REVIEW OF CITYWIDE SEWER EXTENSION PROGRAM 8:45 PM 8. CONSIDER PROPOSED ORDINANCE AMENDING CITY'S GAS TAX TO BRING IT INTO COMPLIANCE WITH STATE GAS TAX LEGISLATIVE CHANGES • Finance and Information Services Department • City Council Discussion • City Council Consideration: Ordinance No. 09- TIGARD CITY COUNCIL/LCRB AGENDA— September 8, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 3 of 4 • r 9:30 PM 9. COUNCIL LIAISON REPORTS 10. NON-AGENDA ITEMS 9:40 PM 11. ADJOURNMENT I:\ADM\CATHY\CCA\2009\090908 business.doc • TIGARD CITY COUNCIL/LCRB AGENDA— September 8, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 4 of 4 • • Patty Lunsford From: Carol Krager Sent: Thursday, September 10, 2009 1:16 PM To: Patty Lunsford Subject: Sept. 8, 2009 Council Item Attachments: Carol Krager.vcf No one signed up to speak and no one came forward during the public testimony for DCA 2009-00003. I did not receive any written testimony either. <,;,t,4 City of Tigard li'''" Carol Krager —= Deputy City Recorder 13125 SW Hall Blvd. Tigard,OR 97223 (503) 713-2419 carolk@=tigard-or.gov L- A 1 Agenda Item# Meeting Date September 8,2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Development Code Amendment (DCA2009-00003) Legislative Update: Omnibus "Housekeeping" Items,CG#1. Hap Prepared By: Ha Watkins Dept Head Approval: City Mgr Approval: l./? ISSUE BEFORE THE COUNCIL Shall Council approve the Planning Commission's recommendation to adopt the Tigard Community Development Code (TMC Title 18) amendments as amended by the Planning Commission to update and clarify various sections of the code? STAFF RECOMMENDATION Approve the Planning Commission's recommendation and adopt the proposed ordinance and amendments to the Tigard Development Code (TMC Title 18) as shown in Exhibit"A". KEY FACTS AND INFORMATION SUMMARY Communications among staff and from the public periodically result in a compendium of minor issues to be addressed by a "housekeeping" amendment to the Development Code.These issues are schrivener's errors,mis-quotes in the text, changes of names of reference codes,revisions to clarify definitions, omissions from tables,and clarification of types of land use permits. The proposed amendments better implement the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. If the amendments are adopted,there will be fewer instances of confusion or conflict between sections of the code,and the code will be more user-friendly for the public. The proposed amendments clarify accessory structure definitions and associate all related definitions to work in concert. These definitions help to define accessory structures to avoid large buildings attached by breezeways and refine the wording of the Director's Interpretation dated July 3,2006 (Attachment 3). The Planning Commission held a workshop on the proposed amendments on June 1, 2009, and a public hearing on July 6, 2009. One minor change was made to the new definition for "Public Support Facilities". The word "roadway" was deleted as unnecessary. The Commission agreed on the change and voted unanimously to recommend approval of DCA2009-00003. • . OTHER ALTERNATIVES CONSIDERED 1. Approve.the Planning Commission's recommendation and adopt the ordinance approving DCA2009-00003. 2. Modify any of the Planning Commission's recommendations and adopt an ordinance approving DCA2009- 00003. 3. Do not adopt the proposed ordinance and amendments. CITY COUNCIL GOALS Goal 1: Implement the Comprehensive Plan Chapter 1: Citizen Involvement Chapter 2:Land Use Planning ATTACHMENT LIST Attachment 1: Ordinance approving amendments to the Tigard Development Code (TMC Title 18) Exhibit A: Amendment Language for DCA2009-00003 Attachment 2: Staff Report to the Planning Commission dated May 26, 2009 Attachment 3: Director's Interpretation dated July 3,2006 Attachment 4: Planning Commission Minutes (workshop) -June 1, 2009 Attachment 5: Planning Commission Minutes (public hearing) -July 6, 2009 FISCAL NOTES There is no fiscal impact. CITY OF TIGARD, OREGOP TIGARD CITY COUNCIL ORDINANCE NO. 09- AN ORDINANCE ADOPTING OMNIBUS "HOUSEKEEPING" ITEMS TO UPDATE THE TIGARD MUNICIPAL CODE TITLE 18 (DEVELOPMENT CODE AMENDMENT-DCA2009-00003) WHEREAS, the City has proposed amendments to the Tigard Municipal Code Title 18;and WHEREAS, the Tigard Planning Commission held a public hearing,which was noticed in accordance with City standards, on July 6, 2009, and recommended approval of the proposed DCA2009-00003, as amended, by motion and with unanimous vote;and WHEREAS, on September 8, 2009, the Tigard City Council held a public hearing, which was noticed in accordance with City standards, to consider the Planning Commission's recommendation on DCA2009-00003; and WHEREAS, on September 8, 2009, the Tigard City Council adopted DCA2009-00003 by motion pursuant to the public hearing and its deliberations;and WHEREAS, Council's decision to adopt DCA2009-00003 is based on the findings and conclusions found in the City of Tigard Staff Report to the Planning Commission dated May 26, 2009, and the associated record, which are incorporated herein by reference and are contained in land-use file DCA2009-00003;and WHEREAS, the Tigard City Council has determined that the proposed Development Code Amendments are consistent with the applicable Review Criteria,and that approving the amendments would be in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Municipal Code Title 18 is amended as shown in"EXHIBIT A";and SECTION 2: The findings in the May 26, 2009 Staff Report to the Planning Commission,Minutes of the July 6, 2009 Planning Commission hearing, and the Minutes of the September 8, 2009 Council hearing are hereby adopted in explanation of the Council's decision;and SECTION 3: 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. 09- Page 1 • 0 PASSED: By vote of all Council members present after being read by number and title only,this day of ,2009. Catherine Wheatley,City Recorder APPROVED: By Tigard City Council this day of ,2009. Craig Dirksen,Mayor Approved as to form: City Attorney Date ORDINANCE No. 09- Page 2 • ` Attachment 1 EXHIBIT "A" AMENDMENTS TO THE TIGARD DEVELOPMENT CODE (TITLE 18) AS PROPOSED IN LAND USE CASE DCA2009-00003 (Bold and underline text indicates proposed new language and sigh indicates language proposed to be deleted.) Chapter 18.120 DEFINITIONS 18.120.030 Meaning of SpecOc.Words and Terms A. For additional words and terms, also see Use Classifications (Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755);Sensitive Lands (Section 18.775);Signs (Section 18.780); Tree Removal (Section 18.790); and Wireless Communication Facilities(Section 18.798).As used in this title,the following words and phrases mean: 4. `Accessory building or structure"-A freestanding structure whose use is incidental and subordinate to the main use of properly end-J located on the same lot as the main use and is freestanding or is joined to the primary structure solely by non- habitable space as deed by the State Building Code. 6. 'Addition"-A modification to an existing building or structure which increases its height or increases the site coverage A structure is considered an addition only when it bares a common wall and is structurally dependenton the primary'structure. (See also"Accessory building or structure"and"common wall") 43. "Common Wall"—A wall or joined walls that share a boundary to provide separation of interior spaces. For vertical additions,a floor/ceiling assembly is a shared boundary separating spaces. Finding: This proposed amendment clarifies accessory structure definitions and associates all relevant definitions to work in concert. These definitions help to define accessory structures to avoid large buildings attached by breezeways and refine the wording of Director's Interpretation of July 3, 2006: Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by aligning all associated definitions. 18.120.030 Meaning of Specific Words and Terms A. For additional Words and terms, also see Use Classifications (Section 18.130); Mixed Solid Waste and Recyclable Storage (Section 18,755); Sensitive Lands (Section 18.775);Signs (Section 18.780); Tree Removal (Section 18.790);and Wireless Communication Facilities(Section 18.798).As used in this title,the following words and phrases mean: 54. `Density"- The intensity of residential land uses, usually stated as the number of housing units per acre and defined in Section 18:720. 18.715. Finding: Scrivener's error; incorrect Code Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.120.030 Meaning of Specific Words and Terms A. For additional words and terms, also see Use Classifications (Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755); Sensitive Lands (Section 18.775);Signs (Section 18.780); Tree Removal(Section 18.790);and Wireless Communication Faalities(Section 18.798).Ar used in this title,the following words andphrases mean: 117. "Public support facilities"--Services which are necessary to support uses allowed outright in the underlying zone and involve only minor structures such as underground utilities and construction of may improvements including sidewalks, curbs streetlights, and driveway apzonie.power lines and poles,phone booths,_fire hydrants. as well as bus stops benches and mailboxes which are necessary to support principal development • DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 1 OP 19 • • Finding: This clarifies the term used in the Sensitive Lands Chapter so that it is the same as the original sensitive lands regulations and so as not to be confused with principal structures like streets. The term "public support facilities is used in the Sensitive Lands Section but is not defined. This amendment uses the definition listed in the 1984 code and helps to eliminate confusion about what is meant by the term. This also aligns with Tigard Development Code Section 18.775.020.E.1.a. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.220 ZONING ADMINISTRATION 18.220.020 Zoning District Map A. Consistency with Zoning map. The boundaries of each of the oregoing districts ag listed in Table 18.220.1 Chapter 18.500 and the Zoning classification and use of each tract in each o said Zoning district is perceived to coincide with the identifying Zone classification shown on the map entitled `Tigard Zoning istrict Map'; dated with the effective date of this title retained by the City Recorder and referred to as the "Zoning district map."Said map by this reference is made a part of this title. A certified print of the adopted Zoning district map or map amendments shall be maintained in the office of the Planning Division as long as the code remains in effect. Finding: Scrivener's error; the referenced table "Table 18.220.1" doesn't exist. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by-promoting consistency among the Code Sections. Chapter 18.310 SUMMARY OF LAND USE PERMITS 18.310.020 Summary of Land Use Permits A. Summary Table. The table summarriing_the decision-making procedure and substantive approval requirements of each land use permit and related action is presented in Table 18.310.1 below: TABLE 18.310.1 (Con't.) Decision-Making Approval Other Development Land Use Permit/Action Type Criteria Regulations Sensitive Lands • Within 100-Year Flood Plain kIII-HO 18.775.020:E 4'18.775.070B 18.775 • With Excessive Slopes III,III-H03 18.775.020.E 4'18.775.070C 18.775 • Within Drainage Ways LII,III-HO3 18.775.020.E 4'18.775.070D 18.775 • Within Wetlands II,III-HO3 18.775.070E 18.775 • Permitted Uac3 With Mitigation I 18.797.060A D 18.797 • D i.ted T T.. _./befit: - / No Alternative II 18.797.060B D 18.797 • Conditional Uacs III 14O4 18.797.060B D 18.797 Add. footnote [4] Type I procedures are reviewed with criteria of 18.775.020.E Type II and III procedures are reviewed with criteria 18.775.070.B. Finding: Scrivener's error. This amendment is proposed because the City does not have a fee for Type I sensitive lands. Additionally, the Table doesn't hst Type I sensitive lands permits and lists a "water resources overlay" which no longer exists. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 2 OF 19 0 s Chapter 18.330 CONDITIONAL USE 18.330.020 Approval Process E. Approval period. Conditional use approval by the Hearings Officer shall be effective for a period of 1- 1/2 years from the date of approval. The conditional use approval by the Hearings Officer shall lapse if: 1. Substantial construction of the approved plan has not begun within a one and one half year period;. QE 2. Construction on the site is a departure from the approved plan. 18.330.020.C.Minor modification of approved or existing conditional use. 2. An 030 nt may request approval of a minor modification by means of a Type I procedure, as regulated by Section 4-87-3-904-040 using approval criteria in Subsection C3 below. Chapter 18.390 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE TABLE 18.390.1 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE Type Permit/Land Cross-Reference(s) I (18.390.030) Accessory Residential Units 18.710 Wireless Communications Facilities -- 18.370.040 C8b;18798 Setback from Other Towers Conditional Use/Minor Modification 18.330.030 Type Permit/Land Cross-Reference(s) II(18.390.040) Access/Egress Adjustment 18.370.020 C3b Conditional Uac/Minor Modification 18.330.030 Finding: 18.330 does not explicitly state approval for 18 months while 18.330.030A.6. relates to site development review, which could be applied.This makes the approval period consistent with that of the site development review process. There is a conflict between Sections 18.390 and 18.330 regarding minor modifications to Conditional Use Permits. The City has been processing CUP minor modifications as Type I processes based on 18.330.020.C.2 and Table 18.310. Contrary to this, 18.390.040 shows a minor modification as a Type II procedure. To address this, 18.330.020.C.2 should refer to Section 18.390.030 because the minor modification application is a Type I. In this amendment, Table 18.390.1 is modified to remove CUP minor modifications from the Type II Section and added to the Type I Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections and review processes. Chapter 18.350 PLANNED DEVELOPMENTS 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: 4.In addition, the following criteria shall be met: DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 3 OF 19 4111 1110 m. Shared open space facilities: These requirements are applicable to residential planned developments only 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 100yearjloodplain). (2) Passive use facilities. Up to 100% of the open space requirement may be satisfied b providing a detailed development plan for improvements(including landscaping, irrigation,pathway and other structural improvements)forpassive 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. Finding: The new PD Section requires commercial and industrial uses to adhere to the same open space standard as a residential subdivision.The Planning Commission members have said that this was not intended. Shared open space facilities are problematic and provide for a significant cost and feasibility impact for conventional commercial development unless there are existing natural areas that could not otherwise be developed. With this standard, there is little expectation that any developer would volunteer to use the PD process. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by refining regulations to their intent Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.080 Exceptions to Standards -18.360.080 Exceptions to Standards 18.360.080 Exceptions to Standards D. Exceptions to landscaping requirements. The Director shall m nt an exception to the landscaping requirements of this code, Section 18.120.150, 18.360,070.B.4 upon finding that t e overall landscape plan provides for at least 20 percent of the gross site to be landscaped Finding; The existing section refers to old development Code's Site Development Review Process. Additionally, the word"shall"if the overall landscape plan provides for 20% could be problematic since that is the standard for most zones. 18.360.030 Approval Process • A. New developments and major modifications. Site development review for a new development or major modh cation of an approved plan or existing development, as dined in Section 4 8.03824, 18.360.020.A shall be processed by means of a Type 17 procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. Finding; This amendment is proposed because the section refers to itself as a definition. The proposed language references the list of the Site Development Review processes. Chapter 18.385 MISCELLANEOUS PERMITS Note:Entire Section Removed ter 1G1 8.385 geetienst DCA2009-00003 8/25/09 Proposed Amendments to'i'MC Title 18 PAGE 4 OF 19 • •r .. - : -: -.. • :. : - -. - - .n : - : :. " I • • f f S[O[L-eST.VCftl-hieteryj f - . _ •• • • II r . .. i - .. : : ... , • . 11 •• • _ • \ -- DCA2009-00003 8/25/09 Proposed Amendments to TMC'1'itle 18 PAGE 5 OF 19 • •••: • ••.. •. ... . : .' :.I. :..- - • . -• - •, - • .. • - _ _ ., •.•• - •• _ •"a 7 cfjrrativetient . Oeetten7 2.The Director shall approve the uac as it exists,revoke the home occupation permit, or compel fitat her. _idcnee . DCA2009-00003 8/25/09 Proposed Amendments to TMC'ride 18 PAGE 6 OF 19 O f . . , . _ :.. : f e i• a _ _ _ 1.The land form alteration or development pl..- - _ • -•� = • . • - • . _ f _ DCA2009-00003 8/25/09 Proposed Amendments to'1•MC Title 18 PAGE 7 OF 19 • • el d C L. ..«1_n.]. _ _ _ . _ - _ _ • :- • •• -_ ! - ._ : ,.. ._ __ _ , • .. -.: • _ _ .: : * ... _:. : :: . :. -- : " - _: - _ - -: • .. i -. .n . �. • ! _ - _ DCA2009-00003 8/25/09 Proposed Amendments to'1'MC Title 18 PAGE 8 OF 19 .. : f , +gf f • \ _ - f ; •: : '7 .. : .. : :. .: : - . - " : - .. : _:_. - :: : • : : w-: :: . • - : -- - - . . - : ... t *fiat- � es 2.Model-Iteese - - - . : : "" .. - : . .. •• •. • - _ �•. w : .lo f ! f f hardship: DCA2009-00003 8/25/09 Proposed Amendments to'INC Title 18 PAGE 9 OF 19 • 18.385.060 Tree ve al Permits lands+ , date-of-approval: : Finding: This Section is repetitive relative to existing code requirements. It is repeated in each individual Section of the development code pe ting to the permits listed in Section 18.385. This redundancy creates confusion for applicants and City Staff. Therefore, this proposed,amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.390 DECISION-MAKING PROCEDURES 18.390.080 General Provisions E. Director's duties. With regard to processing applications submitted under this Section, the Director:balk 3.Accept all development applications which comply with the provisions of Section 18.390.080.D.3. Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.390.040 Type II Procedure C.Notice of pending Type 17 Administrative Decision. 1. Prior to making a Type II Administrative Decision, the Director shall provide notice to: a. All owners of record within 500 feet of the subject site; b. Any City-recognized neighborhood group whose boundaries include the site; c. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or who is otherwise entitled to such notice. and 18.390.050 Type III Procedure C Notice of hearing. 1. Mailed notice. Notice of a Type II Administrative Appeal hearing or Type III hearing shall be given by the Director in the following manner: a At least 20 days prior to the hearing date, notice shall be sent by mail to: (1) The applicant and all owners or contract purchasers of record of the site which is the subject of the application; (2) All property owners of record within 500 feet of the site; (3) Any affected governmental agency which has entered into an intergovernmental agreement with the City which includes provision for such notice,or who is otherwise entitled to such notice; (4) An City-recognized nei hborhood rou - :.. = whose boundaries include the site; DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 10 OF 19 (5) Any person who has submitted a written request,and who has paid a fee established by the Council and (6) In actions involving appeals, the appellant and all parties to the appeal. and 18.390.060 Type IV Procedure D.Notice of hearing 1. Required hearings. Two hearings, one before the Commission and one before the Council,are required for all Type IV actions, except annexations where only a hearing by the City Council is required 2. Notation requirements.Notice of the public hearings for the request shall be given by the Director in the following manner. a. At least ten days prior to the scheduled hearing date, notice shall be sent to: (1) The applicant; (2) Any afected governmental agency; (3) :. - Aw .- ,l. ._, . .; . Any City-recognized neighborhood group whose boundaries include the site;and (4) Any person who requests notice in writing and pays Ow established by Council resolution. Finding: These amendments synchronize the neighborhood notice process for Type II, III, and IV Procedures. This will allow City Staff to send notices based on the new Neighborhood Network Boundaries (or any future boundary) for all types of decisions. 'Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.410 LOT LINE ADJUSTMENTS 18.410.040A roval Criteria 4. With regard tog lots: b.A screen s allll be provided along the property line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Sections 18.745.040-.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas forproposed development. Finding: Scrivener's error;incorrect Section.Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.430 SUBDIVISIONS 18.430.030 Approval Process B. Review of final plan Review of a final plat far subdivision shall be processed by means of a Type I procedure, as governed by Section 18.390,using approval criteria contained in Section 18.430.08018.430.070 Finding: Scrivener's error;incorrect Section reference.Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.510 RESIDENTIAL ZONING DISTRICTS 18.510.060 Accessory Structures A Permitted uses.Accessory structures are permitted by right in all residential tones subject to the following 2.Non-dimensional requirements: b.An accessory strwcture shall comply with all of the requirements of the ilaling Code. State Building Code All Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 11 OF 19 • 1 18.510.020 List of Zoning Districts H. R-40: [edi -High-Density Residential District. The R-40 Zoning district is designed to accommodate existing housing of all types and new attached single family and multi-family housing units with no minimum lot size or-meeeimum dears y. A limited amount of neighborhood commercial uses rs permitted outright and a wide range of civic and institutional uses are permitted conditionally. Finding: This amendment is proposed because the existing text is inconsistent with the Tigard Comprehensive Plan. According to the Comprehensive Plan, "Medium-High Density Residential" includes the R-25 zone, not the R-40 zone. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the these two documents. Chapter 18.520 COMMERCIAL ZONING DISTRICTS TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-Nlli C-051 C-G C-P CBD MUE1201 MUC-1 MUC1A MUE MUR. 1 and 21281 1 and 21281 CIVIC (INSTITUTIONAL) _ Basic Utilities C N N C C C C C(321 CI321 on) C[32J CAW Colleges N N N N N C C C C C Community Recreation N P N N P C N P C C Cultural Institutions P P P P P P P P P. N Day Care P P P P P P P P P P/Ci331 Emergency Services P P P P P P P P P N Medical Centers C N C C C C C C C C Postal Service P P P P P P P P P N Public Support P P P P P P P P P P Facilities Religious Institutions C C P G P P . P E P. P P C Schools N N N N N C C C C C Social/Fraternal C C P P P P P P P C Clubs/Lodges COMMERCIAL Commercial Lodging N N P Ri141 P P P P P N Eating and Drinking C P P R1151 p P P P P R134/351 Establishments - Finding: Because churches are currently a conditional use while social and fraternal clubs are permitted has been alitigated situation. Additionally, the amendment conditionally permits basic utilities in the C-C and C-G zones. This was an oversight when transferring uses from the original code to the existing version. Therefore, this proposed amendment better implements die City's Comprehensive Plan and implementing ordinances by adhering to land use law precedence. 18.520.030 Uses C.Accessory structures. 1.Accessory structures are permitted in all commercial Zones providing the site is still in compliance with all development standards, including but not limited to setbacks, bei ht, lot coverage and landscaping rrquirvments, of base Zone.All accessory structures shall amply with all requirements o the . State Building Code ._ , • •, Findings: The "Uniform Building Code (UB " has been updated to the"State Building Code". Therefore,this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. DCA2009-00005 8/25/09 Proposed Amendments to TMC'Title 18 PAGE 12 OF 19 . • TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N1U1 C-C151 C-G C-P CBD MUEI2O1 MUC-1 MUCI28I MUE MUR 1 and 1 and 2[281 211 Detention Facilities N N C N C N N Heliports N N C C C N N Wireless ss /R1'' P/RI'l /R.131 /R1" SRI'' /R1" /R'`1' Communication Facilities Rail Lines/Utility P 'P P P P P P Corridors Other C1"' C1"1 NA NA CI('" NA NA P=Permitted R=Restricted C=Conditional Use NA=Not Applicable N=Not Permitted [21]Multi family residential, at 25 units/gross acre, allowed outright. Pre-existing detached and attached single farn4 dwellings are permitted outright. Finding: The language in the zoning code allows attached single family residential. If this is not reflected in this table, all multi-family becomes a substantial review not intended. Additionally, there is no Bull Mtn. CP district and there is no longer CP district in the Triangle. 18.520.040 Development Standards A. Compliance required All development must comply with: 1.All of the applicable development standards contained in the underyin toning district, except when the applicant has obtained variances or adjustments in accordance with Sections . 18.370; Finding: Scrivener's error;incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.530 INDUSTRIAL.ZONING DISTRICTS TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL R' R' R' Household Living Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC(INSTITUTIONAL) Basic Utilities Cz C12 P Colleges N N N Community Recreation CIO CID CIO Cultural Institutions N 9 N 9 N ,9 Day Care R3' R , R Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 13 OF 19 • • - Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lod*ing P N N Eating and Drinking Establishments R N N Entertainment-Oriented - Major Event Entertainment • N N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales R 4'i1 N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C7 P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P 9Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor open space setbacks. 10Limited to outdoor Recreation on (1.) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland;and (2.) land located outside the floodplain as shown on City flood maps,when the Recreation Use is temporary and does not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district. 11These limited uses, shall only be allowed in.IP zoned property east of SW 72nd Avenue.These uses,separately or in combination shall not exceed 60,000 square feet of gross leasable area in a single building,or commercial retail uses with a total of more than 60,000 square feet of retail sales area on a single lot or parcel, or on contiguous lots or parcels, including those separated only by transportation right-of-way. (Ord.04-14) 12Except water and storm and sanitary sewers.which are allowed by right. Finding. This was an oversight when transferring uses from the original code to the existing version.Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by creating consistency among Code Sections. Chapter 18.640 DURHAM QUARRY DESIGN STANDARDS 18.640.070 Signs A. In addition,to the retirements of Section 18380 of the Development Code, the following standards shall be met: DCA2009-00003 8/25/09 Proposed Amendments to•I'MC Tide 18 PAGE 14 OF 19 • 1 Z.nin. District re• lati,n; R- :i• n i:1 .nl .e elo.ments within the M 1 :h, m - h- si re.uirem-n: for - R-. I zone Section 18.780.130 B• no n re:i• n i.1 • .elo•men within the M _- 1 s all meet the requirements of the C-P zone, Section 18.780.130.D. 2. Sign area limits. The maximum sign area limits found in Section 18.780.130 shall not be exceeded, no area limit increase will be permitted. 3.Height limits. The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not extend above the roof line of the wall on which the signs is located. No height increases will be permitted. 4. Sign.location. Freestanding signs within the Durham Quarry shall not be permitted within the required L-1 landscape areas. Finding: This amendment is proposed because the Durham Quarry does not have sign standards listed in its section. Staff has been using the CP standards but there is no actual linkage in the code. These were the standards used for Washington Square from which the Quarry standards were chosen. This proposal is to add District-specific sign standards. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.705 ACCESS, EGRESS,AND CIRCULATION 18.705.030 General Provisions L Director's authority to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: 4.A decision by the Director per 18.705.030 K L1.-3. above may be appealed by means of a Type II procedure, as regulated by Section 18.390.040, using criteria contained in Section 18.370.020 C3. (Ord 06-20, Ord 02-33) Finding: Scrivener's error;incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.710 ACCESSORY RESIDENTIAL UNITS 18.710.020 Standards B. Limitations.An accessory residential unit is permitted previding there is compliance with all of the following standards- 3. The number of residents ermitted to inhabit the accessory residential umt is regulated by the State Building Code; Finding. The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. Chapter 18.715 DENSITY COMPUTATIONS 18.715.020 Density Calculation A. Definition of net development area. Net development area, in acres, shall be determined b subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the proper y to be developed 3.All land dedicated forpublic rights-of-way. When actual information is not available,the following formulas may be used b.Multifamily development:allocate 15%ofgross acreage or deduct the actual private drive area. Finding: This proposed amendment makes dear that private drive in multi-family projects would be deducted as a private street m lieu of using 15%. DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 15 OP 19 • 18.715.030 Residential Density Transfer B. Underlying development standards.All density transfer development proposals shall comply with the development standards of the applicable underlying<oning district unless developed under the provisions of Section X018.350, Planned Development. (Ord 06-20)■ Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 18.730.020 Exceptions to Building Height Limitations C. Building heights and flag lots. 2. The maximum height for an attached or detached single family, duplex, or multiple family residential structure on a flag lot or a lot having sole access from an access way,private drive or easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2-1/2 stories or 35 feet, whichever is less,provided• a. The proposed dwelling otherwise complies with the applicable dimensional and height requirements of the toning district; Finding: This section describes 2 and 1/2 stories or 35 feet, but the limit in the code in R-1,R-2,R-3.5 and R-4.5 zones is 30 feet. This proposed amendment synchronizes this section with Table 510.2. Chapter 18.742 HOME OCCUPATIONS 18.742.040 General Approval Criteria and Standards A. General criteria.All home occupations except those that have proven nonconforming status shall observe the following criteria in addition to the standards established for type I and Type II Uses described in Section 18.742.050 of this Section. 5. A home occupation shall not make necessary a change in the Uniform Building--Cede State Building Code use classification of a dwelling unit.Any accessory building that is used must meet-U ' State Building Code requirements; Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. Chapter 18.745 LANDSCAPING AND SCREENING 18.745.050.E. Screening:special provisions. 3. Screening of swimming pools. All swimming pools shall be enclosed as required by City of Tigard Building Code State Building Code; Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.745.040 Street Trees G. Granting of adjustments. Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section 18.3 70.020.C.4.b. 18.370.020.C.6.b. Findings: Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 16 OF 19 Chapter 18.760 NON-CONFORMING SITUATIONS 18.760.040 Criteria for Nonconforming Situations . D.Nonconforming use of structures 2. If a single structure or a structure and premises containing a number of lawful uses(except for a single accessory structure)existed as of March 16, 1983, and those uses would not be allowed in the toning district in which they are located, or which are nonconforming because of inadequate off-street parking, landscaping or other deng (under the terms of this Section or amendment thereto), the lawful uses may be continued so long as they remain otherwise lawful subject to the followingprovisions: e. When the use of the structure,. including all uses, is discontinued or abandoned for three months, the structure and premises shall not thereafter be used except in full conformity with all regulations of the Zoning district in which it is located or ._.. ,. .. .. .. the fallowing-events: Finding: There are no events listed in the Code, reference to events is removed. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirements (Cont.) dpi, r i•£r itl tau fir D-o-,:4j4�_.V! -kkfm'P`'v'.t�li.L }�r -la atEami .•�,:i m ,(9: D . 'i'W:�'d[[1L1;1L'tR6S.�• jt �+'�,�iF.v�.L�«,�ll�.i'El:�'itf[_ 4 ���I 1' y, __ Motor Vehicle Related Motor Vehicle 1.0/1,000 but no 1.3/1,000 but no. 2.0/1,000 but no 0.2/1,000 sales area Sales/Rental less than 4.0 less than 4.0 less than 4.0 Motor Vehicle 2.0/1,000 but no 2.3/1,000 but no 2.6/1,000 but no 0.2/1,000 Servicing/Repair less than 4.0 less than 4.0 less than 4.0 Vehicle Fuel Sales 3.0+2.0/service bay 4.0+2.0/service bay 4.0+2.5/service bay 0.2/1,000 Office 2.7/1,000 3.4/1,000 4.1/1,000 0.5/1,000 Medical / Dental 3.9/1,000 M) 4.9/1,000 (M) 5.9/1,000 (M) 0.4/1,000 hce Self-Service 1.0 4 storage units 1.0 4 storage units 1.0 2 storage units 1.0 40 storage units Storage Non-Accessory none none none none Parking Finding:The Medical/Dental office use was omitted in the original code.This clarifies use standards. 18.765.030 General Provisions G. Disabled-accessible parking. All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State-ef Orogen- nrform Building-CedState Building Code and federal standards. Such parking spaces shall be sized,signed and marked as required by these regulations. Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.765.040 General Design Standards D. On-site vehicle stacking for drive-in use. 2. The Director may reduce the length of the inbound stacking lane by means of a adjustment to be reviewed through a Tjpe I procedure, as governed by Section 48:320:300 18.390.Q30,using approval criteria contained in Section 13.370.020.C.5.g.18.370.020.C.7.g. DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 17 OF 19 • • Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.765.070 Minimum and Maximum Off-Street Parking Requirements F. Reductions in minimum required vehicle parking. Reductions in the required number of vehicle parking spaces may be permitted as follows: 1. The Director may reduce off-street vehicle parking spaces per Section 18.765.070.H by up to 20% in new developments for the incorporation of transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented developments and other transit- related development through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.b 18.3 70.020.C.Z b.Applicants who qualify for this adjustment may afro apply for further parking reductions per 18.765.070.F.2.below; 2. The Director may reduce the total required off-street vehicle parking spaces per Section 18.765.070.H by up to a total of 20%by means of parking adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 13.370.020.C.5.a 18.370.020.C.7.a. 3. The Director it authorized to reduce up to 10% of existing required parking spaces at a conversion ratio of one parking space for each 100 square feet of transit facility for developments which incorporate transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or other transit-related facilities through a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.370.020.C.5.c. 18.370.020.C.7.c. Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.775 SENSITIVE LANDS 18.775.020 Applicability of Uses:Permitted,Prohibited, and Nonconforming E.Administrative sensitive lands review. 1.Administrative sensitive lands permits in the 100year floodplain, drainage way, slopes that are 25% or greater, and unstable ground shall be obtained from the appropriate community development division for the following: a. The Engineer shall review the installation of public support facilities • . ;•• ; = - -- -,,• • - , :., - ; , • , . . . •... ; , by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Section; Finding: This amendment is proposed to make the Code consistent with proposed amendments for Section 18.120.030, Meaning of specific words and terms A.117 "public support facilities". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.780 SIGNS 18.780.015 Definitions A. Definitions.As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions, and are as follows: 8. `Billboard"means a freestanding sign in excess of the maximum site allowed, with adjustments, in the locations where it is located or proposed to be located Billboards are prohibited by Tigard Code Section 18.780.070.M: Certain Signs Prohibited. Finding: The existing text describes Freeway-oriented sign and implies billboards which are prohibited. The Oregon Motorist Information Act provides for billboards while the City's code prohibits by 18.780.070.m. To make the code more clear, this amendment is proposed to note that billboards are prohibited by 18.780.070.m. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.020 Permits Required C. Compliance with VBC State Building Code. Separate structural permits under the State DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 18 OF 19 • Building Code shall also apply. Findings: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.780.070 Certain Signs Prohibited B. Unsafe sps or impivper/y maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the BmildingCode-State Building Code or this title. Finding:The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.780.140 Sign Code Adjustments A. Adjustments. The Director may grunt an adjustment to the requirements of this Section by means of a Type I or Type II procedure, as governed by Section 18.390,using approval criteria in Section-18,73170:020--6-6.19.370.020 C,8. Finding: Scrivener's error;incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.130 Zoning District Regulations E. In the C-N and C-C Zones.No sign shall be permitted in the C-N and4GBG C-C tones except for the following:: Finding: Scrivener's error; incorrect Zoning District reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.015 Definitions A Definitions.As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions, and are as follows: 7. `Bench sign" - .. . •-;means a bench designed to seat people with a sign painted or affixe' on the surface. Finding:This amendment effectively removes any reference to content of the sign. Content is not permitted to be regulated by federal law. This amendment addresses.the City Attorneys concern provided by Gary Firestone. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with contemporary land use law. Chapter 18.798 WIRELESS COMMUNICATION FACILITIES 18.798.060.B. Review criteria.Any use subject to review per Section A above, shall be evaluated using the following standards: 3. Setbacks: Towers shall be set back from the property line by a distance equal to the height of the tower.A 7)p e II adjustment may be obtained to reduce this setback,subject to criteria of approval contained in Section 18370.020.C.&i10• Finding: Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-00003 8/25/09 Proposed Amendments to TMC Tide 18 PAGF,19 OF 19 O • ATTACHMENT 2 Agenda Item: 5.1 Hearing Date: July 6,2009 Time: 7:00 PM STAFF REPORT TO THE •r;. PLANNING COMMISSION • OR THE CITY OF TIGARD OREGON • SECTION I. APPLICATION SUMMARY CASE NAME: LEGISLATIVE UPDATE: TIGARD OMNIBUS"HOUSEKEEPING"ITEMS CASE NO.: . Development Code Amendment(DCA) DCA2009-00003 PROPOSAL: The City of Tigard is requesting approval of Development Code Amendments to promote consistency among the Code Chapters. These housekeeping"items are from Community Development Code . Chapters 18.120 Definitions, , 18.220 Zoning Administration, 18.310 S ary of Land Use Permits, 18.330.Conditional Use, 18.350 Planned Developments, 18. 3�60 Site Development Review, 18.385 Miscellaneous Perinits, 18.390 Decision-Making Procedures, 18.410 Lot Line Adjustments, 18.430 Subdivisions, 18.510 Residential Zoning Districts, 18.520 Commercial Zoning Districts, 18.530 Industrial Zoning, 18.640 Durham Quarry Design Standards, 18.705 Access, Egress, and Circulation, 18.710 Accessory Residential Units, 18.715 Density Computations, 18.730 Exceptions to Development Standards, 18.742 Home Occupations, 18.745 Landscaping and Screening, 18.760 Non-Conforming Situations, 18.765 Off-Street Parking and Loading Requirements, 18.775 Sensitive Lands, 18.780 Signs, and 18.798 Wireless Communication Facilities. APPLICANT: City of Tigard 13125 SW Mall Blvd. Tigard,OR 97223 ZONES: Various residential,commercial and industrial zones. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390. Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2:Land Use Planning. Metro Functional Plan: Metro "Code Sections 3.07, Urban Growth Management Functional Plan. Statewide Planning Goals 1,2. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find in favor to amend all regulations as proposed, with any alterations as determined through the public hearing process and make a final recommendation.to the Tigard CitT.Council. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAG'31 OF 27 S • SECTION III. BACKGROUND INFORMATION Over the past several years, staff has collected Development Code items which are inconsistent and/or need clarification.There are approximately 150 total items. Staff has compiled these and grouped them by complexity. Those that are less complex (such as scrivener's errors and inconsistent references) have been induded into the Omnibus Package and are the subject of this.proposal.The remainders have been grouped by Development Code Section and will be brought to the P Commission on a by-Section basis. As the City has recently completed the significant task of updatingb�omprehensive Plan policies,one of the next tasks is to align these policies with the implementing ordinances to make the Code more dear and objective. Proposal Description The "Omnibus Package" is the first step to addressing the Development Code amendment list items. The Omnibus Package items are proposed to make the code consistent, more dear and objective and to promoting the general health, safety and welfare of the public, to set forth the standards and procedures governing the development and use of land in Tigard and to implement the Tigard Comprehensive Plan. The City is requesting approval of Development Code Amendments to promote consistency in the Code Sections.These"housekeeping"items are from Code Chapters: 18.120 Definitions; 18.220 Zoning Administration; 18.310 Summary of Land Use Permits; • 18.330 Conditional Use; 18.350 Planned Developments; 18.360 Site Development Review; 18.385 Miscellaneous Permits; 18.390 Decision-Making Procedures; 18.41.0 Lot Line Adjustments; 18.430 Subdivisions; 18.510.Residential Zoning Districts; 18.520 Commercial Zoning Districts; 18.530 Industrial Zoning; 18.640 Durham Quarry Design Standards; 18.705 Access,Egress,and Circulation; 18.710 Accessory Residential Units; 18.715 Density Computations; 18.730 Exceptions to Development Standards; 18.742 Home Occupations; 18.745 Landscaping and Screening; 18.760 Non-Conforming Situations; 18.765 Off-Street Parking and Loading Requirements; 18.775 Sensitive Lands; 18.780 Signs; 18.798 Wireless Communication Facilities; SECTION 1V. APPLICABLE CRITERIA City of Tgard Development Code (TCDC) Chapter 18.3801 Zoning Map and Text Amendments Section 18.380.020 Legislative Amendments to the Title and Map A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.309.060G Findings: The proposed amendments to the Tigard Development Code would help make the Code more consistent, more dear and objective and promote the general health, safety and welfare of the public, to set forth the standards and procedures governing the development and use of land in Tigard and to implement DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 2 OP 27 the Tigard Comprehensive Plan. • The proposed amendments are being processed through a Type IV procedure including: public notice and a Planning Commission and City Council Hearing. Therefore, the application is being processed as a Type IV procedure,Legislative Amendment,as governed by Section 18.390.060G and this criterion is met. Conclusion: Based upon the above findings, the application complies with TCDC Section 18.380.020. Chapter 18.390: Decision-Making Procedures Section 18.390.020. Description of Decision-Making Procedures B.4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. Findings: The proposed amendments to the Tigard Development Code will be reviewed under the Type IV legislative procedure as detailed in Section 18.390.060.G. In accordance with this section, the amendments will initially be considered by the Planning Commission with City Council making the final decision. Conclusion:Based upon the above findings, the application complies with TCDC Section 18.390.020. Section 18.390.060.G. Decision-making considerations. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable Metro regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. Findings: Pursuant to the findings and conclusions in this Staff Report that address applicable Statewide Planning Goals and-Guidelines per ORS Chapter 197, Metro Regional Functional Plan Tides, City of Tigard Comprehensive Plan policies and Development Code Chapters, the amendment is consistent with this criterion. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; Forty-five day advance notice was provided to the Oregon Department of Land Conservation and Development (DLCD) on May 6, 2009,well in advance of the required minimum of 45 days prior to the first scheduled public hearing. In addition, the Tigard Development Code (TCDC) and Comprehensive Plan have been acknowledged by DLCD. The following applicable Statewide Planning Goals are addressed further in this Staff Report: Statewide Planning Goal 1, Citizen Involvement and Statewide Planning Goal 2 Land Use Planning. Conclusion:Based upon the above findings, the application complies with TCDC Section 18.390.060 CITY OF TIGARD COMPREHEN IVE PLAN POLICIES: Comprehensive Plan Chapters Goal 1:Citizen Involvement;Goal 2:Land Use Planning. A review of the Comprehensive Plan identified the following relevant policies for the proposed amendments: • Chapter 1: Citizen Involvement Goal 1.1 Provide citizens,affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. Policy 2. The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 3 OF 27 • Findings: The proposal has complied with all notification requirements pursuant to Section 18.390.060 of the Tigard Community Development Code. This Staff Report was also available seven days in advance of the hearing pursuant to Section 18.390.070.E.b of the Tigard Community Development Code. Information was distributed throughout the process via the City's amendment website, an "interested parties listserv" and one Cityscape artide. As part of the Development Code Amendment process, public notice of this Planning Commission public heating was sent to the interested parties list and ublished in the June 18, 2009 issue of The Tigard Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 1.1,Policy 2. Policy 5. The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. Fu As outlined previously in this. Staff Report, the community was given multiple opportunities and metho to get information and get involved. This included.a Cityscape newsletter that is delivered to every household in Tigard.As this is not a large scale project, the associated citizen involvement program is of similar scale. This proposal is not a policy decision, guiding document or other effort which is suited for extensive public involvement. It is an effort to make the Development Code consistent and does not contain highly subjective items which would be suited for stakeholder feedback and guidance. Conclusion:Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 1.1,Policy 5. Goal 1.2 Ensure all citizens have access to: A. opportunities to communicate directly to the City;and B. information on issues in an understandable form. Policy 1. The City shall ensure pertinent information is readily accessible to the community and presented in such a manner that even technical information is easy to understand. 1' in : Information regarding the topics included in this Development Code Amendment was available in multip a locations in an understandable format for the duration of the process. This included paper and electronic copies that were available in the permit center and on the City's website. Information was regularly updated to the City's website. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 1.2,Policy 1. Policy 2. The City shall utilize such communication methods as mailings, posters, newsletters, the Internet, and any other available media to promote citizen involvement and continue to evaluate the effectiveness of methods used. Findin • Information was distributed throughout the process via the project website, an interested parties list and a ityscape article. As this is not a large scale project, the associated citizen involvement program is of similar scale. This proposal is not a policy decision, guiding document or other effort which is suited for extensive public involvement. It is an effort to make the Development Code consistent and does not contain highly subjective items which would be suited for stakeholder feedback and guidance. Therefore, promoting various citizen involvement methods and evaluating effectiveness may not be appropriate for this type of amendment proposal. Conclusion: Based upon the above findings, the application complies with the relevant aspects of Tigard Comprehensive Plan Goal 1.2,Policy 2. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 4 OF 27 • Policy 5. The City shall seek citizen participation and input through collaboration with community organizations, interest groups,and individuals in addition to City sponsored boards and committees. Findings:This proposal is not of a type or scale to necessitate community organization collaboration.There are no substantially subjective issues lending themselves to decisions which were made to generate the proposal language. Additionally, the amendments do not significantly affect the use of land or property. The proposed amendments are not guiding principles or would substantially affect stakeholders to generate differing, positions which require reviewing findings or analyzing information to make decisions. Therefore, this policy is not applicable. Conclusion: Based upon the above findings, the application is not applicable to Tigard Comprehensive Plan Goal 1.2,Policy 5. Chapter 2: Land Use Planning Goal 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative basis of Tigard's land use planning program. Policy 1: The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. Findings: The proposed amendment satisfies this policy by updating the Development.Code Chapters which will better comply with state and regional requirements and serve citizen interests by helping to create amore cleat and objective and synchronized Development Code. The proposed amendments to the Tigard Development Code would help make the Code more consistent, more clear and objective and promote the general health, safety and welfare of the public, to set forth the standards and procedures governing the development and use of land in Tigard and to better implement the Tigard Comprehensive Plan. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 2.1,Policy 1. Policy 2. The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. Findings: The proposed amendments will better support the existing land uses and future development potential in the City of Tigard by helping to provide a clearer, more objective and synchronized Code. These amendments more consistently set forth the standards and procedures governing the development and use of land in Tigard and to implement the Tigard Comprehensive Plan. Furthermore, the following analysis has proven that the application is consistent with and implements the Tigard Comprehensive Plan. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 2.1,Policy 2. Policy 3. The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. Findings: The City sent out request for comments on the proposed amendment to all potentially affected jurisdictions and agencies. All were given more than the minimum required 14 days to respond. Any comments that were received are addressed in Section VII: Outside Agency Comments of this Staff Report. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 2.1,Policy 3. Policy 20. The City shall periodically review and if necessary update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs, provide reliable information, and conform to applicable state law, administrative rules, and regional requirements. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 5 OF 27 • • Findings: The proposed amendments satisfy this policy by updating the Development Code. By updating the Code, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs such as the Sate Building Code. Findings of conformance to applicable state and regional requirements can be found in this Staff Report.The proposed amendments are in themselves, an update of the Comprehensive Plan's implementing measures. The amendments are proposed to a community need of a succinct, synchronized code which provides consistent and reliable information.The proposed amendments will better support the existing land uses and future development potential in the City of Tigard by helping to provide a dearer, more objective and synchronized Code.These amendments more consistently set forth the standards and procedures governing the development and use of land in Tigard and to implement the Tigard Comprehensive Plan. Conclusion: Based on the analysis above, staff finds that the proposed amendments satisfy the applicable review criteria within the Tigard Comprehensive Plan, Goal 2.1,Policy 20. APPLICABLE METRO PROVISIONS Metro Urban Growth Management Functional Plan Findings:,The Metro Functional Plan is not applicable to this application. The application does not affect those Titles that pertain to Tigard. The application does not compromise compliance with any Metro Tides. Conversely, the proposed amendments bring the City into further compliance with Metro Titles by creating a more clear and objective,consistent and accurate code. • The proposal does not have bearing or amend the City's housing or employment targets per Title 1. • It does not affect regional mobility or traffic issues per Title 2. • It is not relevant to water quality, flood management or fish and wildlife per Title 3. • The application does not specifically affect industrial or employment areas per Title 4. • Neighboring cities and/or rural reserves in Title 5 will not be affected by this proposal. • The applicatton is not relevant to designated centers per Title 6. • The proposal does not affect housing affordability per Tide 7. • No compliance procedures per Title 8 are relevant to this proposal. • Performance measures per Title 9 are not affected by this amendment proposal. • The proposal does not change any definitions per Title 10. • •The proposal is not planning for a new urban area per Title 11. • The application does not alter residential neighborhoods per Tide 12. Therefore,these criteria are not applicable. Conclusions Based on the analysis above, staff finds that the Metro Urban Growth Management Functional Plan is not applicable to the proposed amendments. APPLICABLE STATEWIDE LAND USE PLANNING GOALS Statewide Planning Goals Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Findings: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390.As part of the Development Code Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the June 18, 2009 issue of The Tigard Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions.The notice also included the address of the City's webpage where the entire (tuft of the text changes could be viewed. The public hearings will be conducted pursuant to Oregon statutory requirements to ensure testimony pertaining to this matter is presented in a manner that allows it to be included as part of the evidentiary record. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission 1'AGI3 6 OF 27 • • Conclusion: Based upon the above findings, the application complies with Statewide Planning Goal 1. 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. Fin This goal outlines the land use planning process and policy framework. The Comprehensive Plan was ac owledged by DLCD as being consistent with the Statewide Planning Goals. The Development Code implements the Comprehensive Plan's policies;which include policies for amending the Plan and implementing ordinances. The Development Code establishes a process and procedures to review changes to the Development Code consistent with Goal 2. The City's Comprehensive Plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2 which have been acknowledged by DLCD. These proposed amendments ate being processed through the appropriate procedures as described in this Staff Report. The proposed amendments and Staff Report provides a factual basis for all proposed amendments. Because the proposed amendments ate not subjective, there is not substantially alternative language or opposing positions to evaluate. The proposed amendments to the Tigard Development Code are being processed as a Type IV procedure, which requires any applicable Statewide Planning Goals, federal or state statutes or regulations, Metro regulations, local Comprehensive Plan policies and implementing ordinances to be addressed as part of the decision-making rocess. As described in this Staff Report, Notice of the Proposed Amendments was provided to DLCD 45 days prior to the first scheduled ublic hearing as required. All applicable review criteria have been addressed within this Staff Report; therefore ,the requirements of Goal 2 have been met. Conclusion: Based upon the above findings, the application complies with Statewide Planning Goal 2. Conclusion: Based upon the above findings, the application complies with all applicable Statewide Planning Goals. • DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 7 OF 27 • 4110 SECTION V. STAFF ANALYSIS (Bold and underline text indicates proposed new language and indicates language proposed to be deleted.) Chapter 18.120 DEFINITIONS 18.120.030 Meaning of Specific Words and Terms A. For additional words and terms, also see Use Classifications (Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755);Sensitive Lands (Section 18.775);Signs (Section 18.780);The Removal (Section 18.790);and Wireless Communication Facilities(Section 18.798).As used in this title, the following words and phrases mean: 4. `Accessory building or structure"-Afivestaticiing structure whose use is incidental and subordinate to the main use of pryperg and-u located on the same lot as the main use and is freestanding or is joined to the primary structure solely by non-habitable space as defined by the State Building Code., 6. `Addition"-A modification to an existing building or structure which increases its height or increases the site coverage. A Structure is considered an addition only when it shares a common wail-arid is structurally dependent on the primary structure. (See also"Accessory building or.structure"and"coitin mon wall") 43. "Common Wall"—A wall or joined walls that share a boundary to provide separation of interior spaces. For vertical additions,a floor/ceiling asseng ly-is a shared boundary separating spaces: Finding: This proposed amendment clarifies accessory structure definitions and associates all relevant definitions to work in concert. These definitions help to define accessory structures to avoid large buildings attached by breezeways and refine the wording of.Director's Interpretation of July 3; 2006. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by aligning all associated definitions. 18.120.030 Meaning of Specific Words and Terms A. For.additional words and terms, also see Use Classifications (Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755);Sensitive Lands (Section 18.775);Signs (Section 18.780);Tree Removal(Section 18.790);and Wireless Communication Facilities(Section 18.798).As used in this title,the following words and phrases mean: 54. `Density"-The intensity of residential land uses, usually stated as the number of housing units per acre and defined in Section 1 8.720.18.715. Finding: Scrivener's error; incorrect Code Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.120.030 Meaning of Specific Words and Terms A. For additional words and terms, also see Use Classifications (Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755);Sensitive Lands (Section 18.775);Signs (Section 18.780);Tree Removal(Section 18.790);and Fireless Communication Facilities(Section 18.798).As used in this title,the following words and phrases mean: 117. "Public support facilities"—Services which are necessary to support uses allowed outright in the underlying zone and involve only minor structures such as underground utilities and construction of roadway improvements including sidewalks, curbs, streetlights, and driveway aprons.power lines and poles,phone booths,fire hydrants, as well as bus stops, benches and mailboxes which are necessary to support principal development DCA2009-00003 7/6/2009 Public 1-Icaring Staff Report to Planning Commission PAGR 8 oR 27 Finding: This clarifies the term used in the Sensitive Lands Chapter so that it is the same as the original sensitive lands regulations and so as not to be confused with principal structures like streets. The term "public support facilities' is used in the Sensitive Lands Section but is not defined.This amendment uses the definition listed in the 1984 code and helps to eliminate confusion about what is meant by the term.This also aligns with Tigard Development Code Section 18.775.020.E.1.a. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.220 ZONING ADMINISTRATION 18.220.020 Zoning District Map A Consistency with toning map. The boundaries of each of the foregoing districts Aff listed in Table 18.220.1 Chapter 18.500 and the toning classification and use of each tract in each of said toning district is perceived to coincide with the identifying Zone classification shown on the map entitled `Tigard Zoning District Map", dated with the e ective date of this title retained by the City Recorder and referred to as the "Zomng district map."Said map by this reference is made a art of this title.A certified print of the adopted toning district map or map amendments shall be maintained in the office of the Planning Division as long as the code remains in effect. Finding: Scrivener's error; the referenced table "Table 18.220.1" doesn't exist Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.310 SUMMARY OP LAND USE PERMITS 18.310.020 Summary of Land Use Permits A. Summary Table The table summarir<ing the decision-making procedure and substantive approval requirements of each land use permit and related action is presented in Table 18.310.1 below: TABLE 18.310.1 (Con't.) Decision-Making Approval Other Development - Land Use Permit/Action Type Criteria Regulations Sensitive Lands • Within 100-Year Flood Plain I III-HO 18.775.020.E 4.18.775.070B 18.775 • With Excessive Slopes III,III-HO3 18.775.020.E 4.18.775.070C 18.775 • Within Drainage Ways III,III-HO3 18.775.020.E 4.18.775.070D 18.775 • Within Wetlands II,III-H03 18.775.070E 18.775 • • Permitted U5c3 With Mitigation I 18.797.060A D 18.797 No Alternative II 18.797.060B D 18.797 Add footnote [41 Type I rocedures are reviewed with criteria of 18.775.020.E Type II and III procedures are reviewed with criteria 18.775.070.B. • Finding: Scrivener's error. This amendment is proposed because the City does not have a fee for Type I sensitive lands. Additionally, the Table doesn't list Type I sensitive lands permits and lists a "water resources overlay" which no longer exists. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 9 OF 27 • • Chapter 18.330 CONDITIONAL USE 18.330.020 Approval Process E. Approval period. Conditional use approval by the Hearings Officer shall be effective for a period of 1- 1/2 years from the date of approval. The conditional use approval by the Hearings Officer shall lapse if: 1. Substantial construction of the approved plan has nol begun within a one and one half year period; 2. Construction on the site is a departure from the approved plan. 18.330.020.C.Minor modifcation of approved or existing conditional use. 2. An ap /icant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 4$390.049 1 using approval criteria in Subsection C3 below. Chapter 18.390 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE TABLE 18.390.1 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE Type Permit/Land Cross-Reference(s) I (18.390.030) Accessory Residential Units 18.710 Wireless Communications Facilities-- 18.370.040 C8b;18798 Setback from Other Towers Conditional Use/Minor Modification 18.330.030 Type Permit/Land Cross-Reference(s) II(18.390.040) Access/Egress Adjustment 18.370.020 C3b Conditional Usc/Minor Modification 18.330.030 Finding: 18.330 does not explicitly state approval for 18 months while 18.330.030A.6. relates to site development review, which could be applied.This makes the approval period consistent with that of the site development review process. There is a conflict between Sections 18.390 and 18.330 regarding minor modifications to Conditional Use Permits. The City has been processing CUP minor modifications as Type I processes based on 18.330.020.C.2 and Table 18.310. Contrary to this, 18.390.040 shows a minor modification as a Type II procedure. To address this, 18.330.020.C.2 should refer to Section 18.390.030 because the minor modification application is a Type I. In this amendment, Table 18.390.1 is modified to remove CUP minor modifications from the Type II Section and added to the Type I Section.Therefore,this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections and review processes. Chapter 18.350 PLANNED DEVELOPMENTS 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: 4.In addition, the following criteria shall be met: DCA2009-00003 7/6/2009 Public[fearing Staff Report to Planning Commission PAGE 10 OF 27 r • m. Sbared open space facilities: These requirements are applicable to residential planned developments only. The detailed development plan shall designate a minimum of 20%of the gross site area as a shared open space fadliy. 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 100yearfloodplain). (2) Passive use facilities. Up to 100% of the open space requirement may be satisfied b providing a detailed development plan for improvements(including landscaping,irrigation,pathway and other structural improvements)forpassive 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. Finding: The new PD Section requires commercial and industrial uses to adhere to the same open space standard as a residential subdivision. The Planning Commission members have said that this was not intended. Shared open space facilities are problematic and provide for a significant cost and feasibility impact for conventional commercial development unless there are existing natural areas that could not otherwise be developed. With this standard, there is little expectation that any developer would volunteer to use the PD process. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by refining regulations to their intent • Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.080 Exceptions to Standards 18.360.080 Exceptions to Standards 18.360.080 Exceptions to Standards D. Exceptions to landscaping requirements. The Director shall m ant an exception to the landscaping requirements of this code, Section 18.120.150, 18.360.070.B.4 upon finding that t e overall landscape plan provides for at least 20 percent of the gross site to be landscaped. Finding: The existing section refers to old development Code's Site Development Review Process. Additionally, the word"shall"if the overall landscape plan provides for 20% could be problematic since that is the standard for most zones. 18.360.030 Approval Process A. New developments and mayor modifications Site development review or a new development or major modification of an approved plan or existing development, as defined in Section 1g ,18.360.020.A shall be processed y means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. Finding: This amendment is proposed because the section refers to itself as a definition. The proposed language references the list of the Site Development Review processes. Chapter 18.385 MISCELLANEOUS PERMITS Note:Entire Section Removed 1, er7 i1V J , Chapt _. Seetieftst 1 1 _ �. • . • P . . _. _ • • 1 1 •1 1 a. • , DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 11 OP 27 • , state-er leefd-�; • _ _ -, _ ..:.-- .. .,. ... . _ '. l Y_ - _ _ _ _ _ _ _- : •- - _ _ _ A . • . the-L'VIIewitiret t .. ■ . DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 12 OF 27 r . •• . • - - • f • • itet • f I • .. • • DCA2009-00003 7/6/2009 Public Bearing Staff Report to Planning Commission PAGE 13 OF 27 • • • • fellowiyigt • f ektreitveragefh prepertyt DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 14 OP 27 r ._ !.... ..•" • --: :.._ - ,. ,: .• __ _ .,_ - - - I... ... .. .,. - ... • :. .: - - . : - - . . Y_ - : ::: -- : : __ .. .w - - - - :._ • - -- • - w _- - -- • ..r- - .- . -•• \ - _..-:. -. , : - .. .- .• :.:, •I--- • .. - .. :-', .• _ -..'! - : • ..:, .. . .. -: - -- -" :: w - - _ : - -.-- ! : . • DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 15 OP 27 • • - - e- •_ -'- _ - - •. • 111. • • - - • - .. - . :. - ::• •- -• that-purpose: - s' eture. _ _ - _ __ _ _ _ __ _ _ _ __ _ - ._ _ •• ••• YL • leeatedt DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 16 OF 27 • • .. c . !midst • . '.., - . - .- - -- -- , . -- --. ,. . _ - _ .. _ -• ::, •:, •.. :..- , °. • - - _ : _- - -- °: • - - _ - -. :■••, .. : - • v.% .:-.- °: --, date-e€-approval- Finding. This Section is repetitive relative to existing code requirements. It is repeated in each individual Section of the development code pertaining to the permits listed in Section 18.385. This redundancy creates confusion for applicants and City Staff. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.390 DECISION-MAKING PROCEDURES 18.390.080 General Provisions E. Director's duties. With regard to processing applications submitted under this Section, the Director shall.. 3.Accept all development applications which comply with the provisions of Section 18.330.080 C3 28.390.080.D.31 Finding: Scrivener's error;incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.390.040 Type II Procedure C Notice of pen_dirg Type II Administrative Decision. - 1. Prior to making a Type II Administrative Decision,the Director shall provide notice to: a. All owners of record within 500 feet of the subject site; b. Any City-recognized neighborhood group whose boundaries include the site; c. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or who is otherwise entitled to such notice. and 18.390.050 Type III Procedure C Notice of hearing. 1. Mailed notice.Notice of a Type II Administrative Appeal bearing or Type HI bearing shall be given by the Director in the following manner. a. At least 20 days prior to the bearing date, notice shall be sent by mail to: (1) The applicant and all owners or contract purchasers of record of the site which is the subject of the application; (2) All properg owners of record within 500 feet of the site; (3) Any affected governmental agency which has entered into an intergovernmental agreement with the City which includes provision for such notice, or who is otherwise entitled to such notice; (4) Any City-recognized neighborhood group . _ , , - , . .. _. , whose boundaries include the site; DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 17 OF 27 • • (5) Any person who has submitted a written request,and who has paid a fee established by the City Council;and (6) In actions involving appeals, the appellant and all parties to the appeal and 18.390.060 Type IV Procedure D.Notice of hear*. • 1. Required hearings. Two hearings, one before the Commission and one before the Council, are required for all Type IV actions, except annexations where only a bearing by the City Council is required 2. Notification requirements.Notice of the public hearings for the request shall be given by the Director in the following manner. a. At least ten days prior to the scheduled hearing date, notice shall be sent to: (1) The applicant; (2) Any affected governmental agency; (3) .1... . •"" ,. it , . Any City-recognized neighborhood group whose boundaries include the site;and (4) Any person who requests notice in writing and pays a fee established by Council resolution. Finding:These amendments synchronize the neighborhood notice process for Type H, III,and IV Procedures. This will allow City Staff to send notices based on the new Neighborhood Network Boundaries (or any future boundary) for all. types of decisions. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.410 LOT LINE ADJUSTMENTS 18.410.040./i Approval Criteria 4. With regard to flag lots: b.A screen.s all be provided along the properly line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Sections 18.745.040-.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas forproposed development. Finding: Scrivener's error;incorrect Section.Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.430 SUBDIVISIONS 18.430.030 Approval Process B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Section 18.390,using approval criteria contained in Section 48;440:080 18.430,070 Finding: Scrivener's error;incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.510 RESIDENTIAL ZONING DISTRICTS 18.510.060 Accessory Structures A.Permitted uses.Accessory structures are permitted by right in all residential Zones subject to the following: 2.Non-dimensional requirements: b.An accessory structure shall comply with all of the requirements of the.Unifer uilsdi . State Building Code All Finding: The "Uniform Building Code (UBC)" has been updated to the"State Building Code".Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents.' DCA2009-00003 7/6/2009 Public I-Tearing Staff Report to Planning Commission PAGE 18 OF 27 II 11 . • 18.510.020 List of Zoning Districts H. R-40:Medium-High-Densit Residential District The R-40 coning district is designed to accommodate existing housing of all types and new attached single famiy and multifamily housing units with no minimum lot site ormu» -dentsi. 14 limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. Finding: This amendment is proposed because the existing text is inconsistent with the Tigard Comprehensive Plan. According to the Comprehensive Plan, "Medium-High Density Residential" includes the R-25 zone, not the R-40 zone. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the these two documents. Chapter 18.520 COMMERCIAL ZONING DISTRICTS TABLE 18320.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-Ntll C-CIS] C-G C-P CBD MUE120I MUC-1 MUC 1281 MUE MUR I and 21281 1 and 21281 CIVIC (INSTITUTIONAL) _ Basic Utilities C N N C C C • C 01321 CI321 0321 C13PJ CPaJ Calleges N N N N N C C C C C Community Recreation N P N N P C N P C C Cultural Institutions P P P P P P P P P N Day.Care P P P P P P P P P P/CI33] Emergency Services P P P P P P P P P N Medical Centers C N C C C C C C C C Postal Service P P P P P P P P P N Public Support P P P P P P P P P P Facilities Religious.Institutions C C P E P P P S 1 P P C Schools N N N N N C C C C C Social/Fraternal C C P P P P P P P C Clubs/Lodges COMMERCIAL Commercial Lodging N N P R1'+1 P P P P P N Eating and Drinking C P P RI's] P P P P P R13M/s51 Establishments Finding: Because churches are currently a conditional use while social and fraternal clubs are permitted has been alitigated situation. Additionally, the amendment conditionally permits basic utilities in the C-C and C-G zones. This was an oversight when transferring uses from the original code to the existing version. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by adhering to land use law precedence. 18.520.030 Uses C.Accessory structures. 1.Accessory structures are permitted in all commercial tones providing the site is still in compliance with all development standards, including but not limited to setbacks, bei ht, lot covens a and landscaping requirements, of the base tone.All accessory structures shall compy with all requirements of the mrf i de. S g to Buildin Code „ T , .. • Findings: The"Uniform Building Code (UBC)"has been updated to the"State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 19 OF 27 . • • TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-Nil) C-C15) C-G C-P CBD MU}U�1 MUC-1 MUG') MUE MUR 1 and 1 and ® 2[281 21281 Detention Facilities N N C N C N N Heliports . N N C C C N N Mining N N N N N N N Wireless P/R[3l P/R[3] P/R[31 P/R[31 P/R[31 P/R[31 P/R[271 Communication Facilities Rail Lines/Utility P P P P P P P Corridors Other C[4] cm) NA NA 0191 NA NA P=Permitted R=Restricted C=Conditional Use ' NA=Not Applicable N=Not Permitted [21]Multi family resicdentiab at 25 units/gross acre, allowed outright. Pre-existing detached and attached.single family dwellings are permitted outright. Finding:The language in the zoning code allows attached single family residential. If this is not reflected in this table, all multi-family becomes a substantial review not intended. Additionally,there is no Bull Mtn. CP district and there is no longer CP district in the Triangle. 18.520.040 Development Standards A Compliance required All development must comply with: 1.All of the applicable development standards contained in the underlying<oning district, except where the applicant has obtained variances or ad+'scstments in accordance with Sections 18.310 and 18.320 18.370; . Finding: Scrivener's error;incorrect Section reference.-Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.530 INDUSTRIAL ZONING DISTRICTS TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living . R' RI R1 Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC(INSTITUTIONAL) Basic Utilities - Cla Cl P Colleges N N N Community Recreation C10 CIO C10 Cultural Institutions N N,9 N Day Care R s�9 R R s,9 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 20 OF 27 • • Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R2 N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales R4•" N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P 9Day care uses with over 5 children are permitted subject to an Environmental impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor open space setbacks. 10Limited to outdoor Recreation on (1.) land classified as floodplain on City flood maps,when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and(2.) land located outside the floodplain as shown on City flood maps,when the Recreation Use is temporary and does not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district. "These limited uses, shall only be allowed in IP zoned property east of SW 72nd Avenue. These uses, separately or in combination shall not exceed 60,000 square feet of gross leasable area in a single building, or commercial retail uses with a total of more than 60,000 square feet of retail sales area on a single lot or parcel,or on contiguous lots or parcels, including those separated only by transportation right-of-way. (Ord. 04-14) =Except water a I.. storm and sanitary sewers.which are allowed by right. Finding: This was an oversight when transferring uses from the original code to the existing version.Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by creating consistency among Code Sections. Chapter 18.640 DURHAM QUARRY DESIGN STANDARDS 18.640.070 Signs A. In addition to the requirements of Section 18.780 of the Development Code, the following standards shall be met; DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 21 OF 27 • • 1. Zoning District regulations. Residential only developments within the MUC-1 shall meet the sign requirements for the R-40 zone Section 18.780.130;B; non residential development within the MUC- 1 shall meet the requirements of the C-P zone,Section 18.780.130.D. 2. Sign area limits. The maximum sign area limits found in Section 18.780.130 shall not be exceeded, no area limit increase will be permitted. 3.Height limits. The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not extend above the roof line of the wall on which the signs is located. No height increases will be permitted, 4. Sign location. Freestanding signs within the Durham Quarry shall not be permitted within the required L-1 landscape areas.. Finding: This amendment is proposed because the Durham Quarry does not have sign standards listed in its section. Staff has been using the CP standards but there is no actual linkage in the code. These were the standards used for Washington Square from which the Quarry standards were chosen. This proposal is to add District-specific sign standards. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.705 ACCESS, EGRESS, AND CIRCULATION 18.705.030 General Provisions L Director's authority to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: 4.A decision by the Director per 18.705.030 K L 1.-3. above may be appealed by means of a Type II procedure, as regulated by Section 18.390.040,using criteria contained in Section 18.370.020 C3. (Ord 06-20, Ord 02-33) Finding: Scrivener's error;incorrect Section reference.Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.710 ACCESSORY RESIDENTIAL UNITS 18.710.020 Standards B.Limitations.An accessorryy residential unit is permitted providing there is compliance with all of the following standards: 3. The number of residents permitted to inhabit the accessory residential unet is regulated by the State Building Code; Finding:The "Uniform Building Code (UBC)"has been updated to the"State Building Code".Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. Chapter 18.715 DENSITY COMPUTATIONS 18.715.020 Densi y Calculation A. Definition of net development area. Net development arra, in acres, shall be determined b subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the property to be developed 3.All land dedicated.*public rights-of-way. When actual information.is not available, the following formulas may be used b.Multi family development:allocate 15%of gross acreage or deduct the actual private drive area. Finding: This proposed amendment makes clear that private drive in multi-family projects would be deducted • as a private street in lieu of using 15%. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 22 OF 27 • • Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.765.070 Minimum and Maximum Off-Street Parking Requirements F. Reductions in minimum required vehicle parking. Reductions in the required number of vehicle parking spaces may be permitted as follows: 1. The Director may reduce off-street vehicle parking spaces per Section 18.765.070.H by up to 20% in new developments for the incorporation of transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented developments and other transit- related development through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.b 18.370.020.C.7.b.Applicants who qualify for this adjustment may also apply for further parking reductions per 18.765.070.F.2.below; 2. The Director may reduce the total required off-street vehicle parking spaces per Section 18.765.070.H by up to a total of 20% by means of parking adjustment to be reviewed through a Type II procedure,as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.a 18.370.020.C.Za. 3. The Director is authorized to reduce up to 10% of existing required parking spaces at a conversion ratio of one parking space for each 100 square feet of transit facility for developments which incorporate transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or other transit-related facilities through a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.370.020.C5.c. 18.370.020.C.7.c. Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.775 SENSITIVE LANDS 18.775.020 Applicability of Uses:Permitted, Prohibited, and Nonconforming E.Administrative sensitive lands review. 1.Administrative sensitive lands permits in the 100year floodplain, drainage way, slopes that are 25% or greater, and unstable ground shall be obtained from the appropriate community development division for the following: a. The City Engineer shall review the installation of public support facilities - - - ; ; , -.. • , ; , ... . .; -; by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Section; Finding: This amendment is proposed to make the Code consistent with proposed amendments for Section 18.120.030, Meaning of specific words and terms A.117 "public support facilities". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.780 SIGNS 18.780.015 Definitions A. Definitions.As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions,and are as follows: 8. `Billboard"means a freestanding sign in excess of the maximum site allowed, with adjustments, in the locations where it is located or proposed to be located Billboards are prohibited by Tigard Code Section 18.780.070.M: Certain Signs Prohibited. Finding: The existing text describes Freeway-oriented sign and implies billboards which are prohibited. The Oregon Motorist Information Act provides for billboards while the City's code prohibits by 18.780.070.m. To make the code more clear, this amendment is proposed to note that billboards are prohibited by 18.780.070.m. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.020 Permits Required C. Compliance with -UBE State Building Code. Separate structural permits under the State DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 25 OF 27 • Chapter 18.760 NON-CONFORMING SITUATIONS 18.760.040 Criteria for Nonconforming Situations D.Nonconforming use of structures 2. If a single structure or a structure and premises containing a number of/awful uses(except for a single accessory structure)existed as of March 16, 1983, and those uses would not be allowed in the Zoning district in which they are located, or which are nonconforming because of inadequate off-street parking, landscaping or other deficiency (under the terms of this Section or amendment thereto), the lawful uses may be continued so long as they remain otherwise lawful,subject to the following provisions: e. When the use of the structure, including all uses, is discontinued or abandoned for three months, the structure and premises shall not thereafter be used except in full conformity with all regulations of the Zoning district in which it is located . -events. • Finding: There are no events listed in the Code, reference to events is removed. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle-Parking Requirements (Cont) KC$he;.s�"L";:a_�,�i'is�;:;;��4.�y�:�'w.•�'•i't�;,_.3. R�.�'1. a'fp'z.,zt. §v�.t.�':. ._b:/x{r'l.,:t,��%... s.icN.r�' .,`,'�aet.' ,,c4 P2316Y5t.' wti r'; s �T?. .. ti" �: .1 :yort.l.gfn Motor Vehicle Related Motor Vehicle 1.0 1,000 but no 1.3 1,000 but no 2.0 1,000 but no 0.2 1,000 sales area - Sales Rental less than 4.0 less than 4.0 less than 4.0 Motor Vehicle 2.0 .1,000 but no 2.3 1,000 but no 2.6 1,000 but no 0.2 1,000 Setvicin_ Re.air less than 4.0 less than 4.0 less than 4.0 Vehicle Fuel Sales 3.0+2.0 service ba 4.0+2.0 service ba 4.0+2.5- service ba 0.2 1 000 Office 2.7 1,000 (14) 3.4 1,000(M) 4.1 1,000(MVM) 0.5 1,000 Medical / Dental 3.9/1,000 (M} 4.9/1,000 (lvl) 5.9/1,000(M) 0.4/1,000 •_ ffi e Self-Service 1.0 4 storage units 1.0 4 storage units 1.0 2 storage units" 1.0 40 storage units Stora! • Non-Accessory none none none none P, Finding:The Medical/Dental office use was omitted in the original code.This clarifies use standards. 18.765.030 General Provisions G. Disabled-accessible parking. All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State-of-Oregon-Uniform ng-Code-State Building Code and federal standards. Such parking spaces shall be sized,signed and marked as required by these regulations. Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. • 18.765.040 General Design Standards D. On-site vehicle stacking for drive-in use. 2. The Director may reduce the length of the inbound stacking lane by means of a adiustment to be reviewed through a Type I procedure, as governed by Section 48:329:30018.390.030,using approval criteria contained in Section 18.370.020.C.5.. 18.370.020.C.7.gz DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 24 OP 27 • • • • • 18.715.030 Residential Density Transfer B. Underlying development standards.All density transfer development proposals shall comply with the development standards of the applicable underlying Zoning district unless developed under the provisions of Section-1 844018.350,Planned Development. (Ord 06-20)■ Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 18.730.020 Exceptions to Building Height Limitations C. Building heights and flag lots. 2. The maximum height for an attached or detached single family, duplex, or multiple family residential structure on a flag lot or a lot having sole access from an access way,private drive or easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2-1/2 stories or 35 feet, whichever is less,provided. a. The proposed dwelling otherwise complies with the applicable dimensional and height requirements of the Zoning district; Finding: This section describes 2 and 1/2 stories or 35 feet, but the limit in the code in R-1, R-2,R-3.5 and R-4.5 zones is 30 feet. This proposed amendment synchronizes this section with Table 510.2. Chapter.18.742 HOME OCCUPATIONS 18.742.040 General Approval Criteria and Standards A. General criteria.A home occupations exc pt those that have proven,nonconforming status shall observe the following criteria in addition to the standards established for Type I and Type II Uses described in Section 18.742.050 of this Section. 5. A home occupation shall not make necessary a change in the State Building Code use classification of a dwelling unit.Any accessory building that is used must meet Un fear lding-Cede State Building Code requirements; Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. Chapter 18.745 LANDSCAPING AND SCREENING 18.745.050.13. Screening:special provisions. 3. Screening of swimming pools. All swimming pools shall be enclosed as required by City of Tigard Building Codc State Building Code; Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.745.040 Street Trees G. Granting of adjustments. Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section 18.370.020.C.4.b. 18.370.020.C.6.b. Findings: Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 23 OF 27 • • • Building Code shall also apply. F' din : The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.780.070 Certain Signs Prohibited B. Unsafe sus or improperly maintained s No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the ,gilding-Code-State Building Code or this title. Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.780.140 Sign Code Adjustments A.Adjustments. The Director may grant an adjustment to the requirements of this Section by means of a Type I or Type II procedure, as governed by Section 18.390,using approval criteria in Section 18.370.020 C.G. 18.370.020 C.B. Finding: Scrivener's error;incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.130 Zoning District Regulations E. In the C-N and C-C tones.No sign shall be permitted in the C-N and BG C-C Zones except for the following: • Finding: Scrivener's error; incorrect Zoning District reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.015 Definitions A Definitions.Ar used in this title,unless the context requires otherwise,the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition,to Section 18.110,Definitions,and are as follows: 7. `Bench sign" • :: .: >:.. -:.: .. .T -: ; : means a bench designed to seat people with a sign painted or affixed on the surface. Finding: This amendment effectively removes any reference to content of the sign. Content is not permitted to be regulated by federal law. This amendment addresses the City Attorneys concern provided by Gary Firestone. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with contemporary land use law. Chapter 18.798 WIRELESS COMMUNICATION FACILITIES 18.798.060.B. Review criteria.Any use subject to review per Section A above, shall be evaluated using the following standards: 3. Setbacks:Towers shall be set back rvm the properi line by a distance equal to the height of the tower:A Tip II adjustment may be obtained to reduce this setback, subject to criteria of approval contained in Section 18.370.020.C.Sa ; din : Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City's omprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 26 OF 27 • • • SECTION VI. OTHER ALTERNATIVES These amendments are not subjective, do not affect standards or lend themselves to interpretation or alternatives.The only two options are to adopt the propose language or leave the code to remain. No Action — The code would remain unchanged, and code sections would refer to incorrect sections and documents, tables would be incomplete and inaccurate language would remain. Adoption Action—Update the code to reflect accurate citations,references and complete tables. SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS The City of Tigard Police Department, Building Division, Long Range Planning Division and the Current Planning Code Enforcement Officer were given copies of the proposed code amendment. Only Current Planning responded and the comments have been considered. Staff commented on non-substantive items to maintain code consistency and syntax. Public Works Assistant Director commented that possibly the "Public Support Facility" definition should include pump stations. It's not necessary because this item is covered in the Class for Basic Utilities. The City of Tigard Engineering Department, Tualatin Valley Fire and Rescue, Clean Water Services (CWS), Tualatin Hills park and Recreation District, and the Tualatin Valley Water District, were notified of the proposed amendment and had no comment. • Adjacent municipalities including the City of: Beaverton,Tualatin,Portland,Lake Oswego, King City, Durham and Washington County were notified of the proposed amendment and had no comment. Metro and Tri-Met were notified of the proposed amendment and had no comment. State Agencies including: the Oregon Department of Transportation was notified of the proposed amendment and had no comment. The Oregon Department of Land Conservation and Development (DLCD)was notified of the proposed amendment. Amanda Punton of DLCD commented about two proposed amendments to Section 18.775 Sensitive Lands. The comment was centered around natural resource issues and Statewide Land Use Goal 5. The code revisions include the addition of"construction of streets and utilities within existing right-of-way or expanded rights of way to City standards", as allowed activity in locally significant wetlands and riparian areas. According to Amanda, there would need to be Goal 5 findings to support this change as the expectation for allowed activities in wetlands and riparian areas differ under Goal 5. This amendment was deemed to be substantive and not appropriate to the Omnibus Package and was removed for further consideration. DLCD had no other comments. t � l ;1 / 1 May Ma 26.2009 PREPARED Markus 'N d DATE Long Range Planning Intern • L . C May 29,2009 APPROVED BY: Dick Bewersdo DATE Planning Manager DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 27 OF 27 '1 • ATTACHMENT 3 IM DIRECTOR'S INTERPRETATION ,'f 1` :•a ;AO V n 1419 1� �9 DATE:July 3,2006 CODE SECTIONS: 18.120 Definitions 18310.060 Residential Zones Accessory Structures TOPIG What is the distinction between an Addition and an Accessory Structure? DIRECTOR'S INTERPRETAflON: I.Introduction: "Accessory buildings or structures?" are permitted in all zones in Tigard.They are defined in TDC 18.120 as'"a freestanding structure incidental and subordinate to the main use of property and located on the same lot as the main use." An issue has arisen over structures that have been permitted to be built in residential zones without being subject to the limits of 18.510.060.A.1.Building permits were approved for these structures due to the ambiguity of what constitutes an"accessory structure" and what constitutes an"addition." These terms need to be clarified. II.Interpretation: A structure is considered an"Accessory Structure" and not an."Addition," when it is "freestanding." A structure is freestanding.when it is structurally separated from the primary or any existing structure and not attached to the primary or any existing structure.Structures that are connected by breezeways,features made of lattice, archways,trellises,or other similar architectural features shall not be considered attached, but be treated as Accessory Structures. A structure is considered attached,and therefore an"addition," only when it is structurally dependent on the primary structure. Signed: Tom Coffee Community Development Director • • ATTACHMENT 4 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes June 1,2009 1. CALL TO ORDER President Inman called the meeting to order at 7:00 PM. The meeting was held in the Tigard Civic Center,Town Hall,at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman;Vice President Walsh;Commissioners Anderson, Doherty,Fishel,Hasman, and Muldoon Commissioners Absent Commissioner Caf£all,Vermilyea,and alternate Commissioner Gaschke Staff Present: Dick Bewersdorff,Planning Manager; Hap Watkins,Assistant Planner; Darren Wyss,Senior Planner;Doreen Laughlin, Planning Commission Secretary 3. COMMUNICATIONS--None. 4. CONSIDER MEETING MINUTES 548-09 Meeting Minutes: President Inman asked if there were any corrections,deletions, or additions to the minutes.There was one amendment by Commissioner Doherty.The amendment was that Ron Bunch, Community Development Director,was marked as present but was not present. All agreed to the amendment and President Inman declared the minutes approved as amended. • 5. WORK SHOPS • 5.1 Buildable Lands Presentation/Discussion • STAFF REPORT • Senior Planner,Darren Wyss,presented the staff report on behalf of the City. He went through a PowerPoint presentation which was a buildable lands report and land use trends analysis (Exhibit A): He noted that staff has more data to analyze and will publish a final report when finished. He then opened up the discussion to questions or suggestions for potential additional data to include in the final report that would be useful to CounciL QUESTIONS& COMMENTS BY COMMISSIONERS • Commissioner Doherty:What are the reasons for`loss of land'? Wyss: `.`Primarily due to development within the city." • PLANNING COMMISSION MEETING MINUTES-June 1,2009-Page 1 of 2 • President Inman: Wetve lots of`buildable land'that's already bdivided.The development has occurred;it's just a vacant lot at the moment. As far as the Planning Commission is concerned,we're more interested in what the new development might be. Wyss: "I can pull the numbers out of vacant parcels 10,000 sq ft or less. I can pull those numbers out, subtract the acreage, and report back to you on that." 5.2 DCA2009-00003 Omnibus Code Amendment—Housekeeping Items STAFF REPORT Dick Bewersdorff,Planning Manager,introduced Assistant Planner,Hap Watkins. He said Watkins would give a brief overview. Watkins gave the report on behalf of the City. He went over a memo by former intern,Markus Mead.The memo included the amendment language (which had been included in the commissioner's packets). He said, over the years, staff has collected any number of scrivener's errors and erroneous references—150 or so. At this point, staff went over each section and gave the general reason for the changes. QUESTIONS &COMMENTS BY COMMISSIONERS This is regarding Section 18.730, "Exceptions to Development Standards"-regarding the building height limitations. It's a change for 2 '/z stories from 35 to 30 feet. Can you really do a 21/z story house in 30 feet tall? Does the"2 '/z stories" [verbiage] need to.be there,or can.you just eliminate the stories because unless you bury... Bewersdorff and Watkins explained how 21/2 stories is actually possible in 30 feet,but said it probably isn't required language anymore.They could eliminate it. At this point, they went over some of the definitions. 6.OTHER BUSINESS— It was noted the joint City Council/Planning Commission Meeting on June 16th,would be in lieu of the June 15th PC meeting. 7. ADJOURNMENT President Inman adjourned the meeting at 7:45 p.m. Doreen Laughlin,Planning Co 'ssion Secretary ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—June 1,2009—Page 2 of 2 • • CITY OF TIGARD • Attachment 5 PLANNING COMMISSION Meeting Minutes July 6,2009 1. CALL TO ORDER President Inman called the meeting to order at 7:03 p.m. The meeting was held in the Tigard Civic Center,Town Hall,at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman;Vice President Walsh; Commissioners Anderson, Caffall, Doherty, Fishel, Hasman,Muldoon, and Vermilyea Commissioners Absent Alternate Commissioner Gaschke Staff Present: Dick Bewersdorff, Planning Manager; Hap Watkins,Assistant Planner; Doreen Laughlin,Planning Commission Secretary 3. COMMUNICATIONS— Tree Board report from Commissioner Walsh. Walsh reported the board is working on the Urban Forestry Master Plan (UFMP). He said John [Floyd] and Todd [Prager] will be getting back to them so they can give some feedback. 4. CONSIDER MEETING MINUTES 6-1-09 Meeting Minutes: President Inman asked if there were any corrections, deletions, or additions to the minutes; there were none, and President Inman declared the minutes approved as amended. 5. PUBLIC HEARING [Judicial] 5.1 Omnibus Code Amendment— Housekeeping Items DCA2009-00003 The City of Tigard is requesting approval of Development Code Amendments to promote consistency among the Code Chapters. PUBLIC HEARING OPENED Hap Watkins,Assistant Planner, presented the staff report on behalf of the City. [Staff reports are available for public review at the City one week prior to public hearings.] Watkins said this staff report covers scriveners errors, erroneous references,incorrect tables, legal issues as to what is allowed in commercial zones, an inclusion of Type I action for minor modification in the conditional use—which wasn't there before; basically a collection of things needing to be changed. 'Dick Bewersdorff gave some more background as to how PLANNING COMMISSION MEETING MINUTES—July 6,2009—Pagel of 3 • this came about. He nog,most are minor corrections—not telly significant. He then asked if there were any questions. QUESTIONS BY COMMISSIONERS None. PUBLIC TESTIMONY IN FAVOR—John Frewing 7110 SW Lola Lane,Tigard spoke. He said he was in support of the changes in large part, and has several additions that he'd like to be considered. Dick Bewersdorff asked that Frewing email those additions to staff so they can be considered in future "housekeeping"items. Frewing said he would email them to Bewersdorff. Frewing made a comment with regard to page 8 of 27 of the staff report. He questioned the wording"minor structures."There was some discussion as to what constitutes "minor structures". Frewing said the substantive issue he had was the fact that the word"roadway"was in there. He believed that raised the level to more than"minor". The commissioners decided to change the wording and leave the word "roadway" out. Thus, "Public support facilities" #117 will read "Services which are necessary to support uses allowed outright in the underlying zone and involve only minor structures such as underground utilities and construction of roadway improvements including sidewalks," etc. PUBLIC TESTIMONY IN OPPOSITION—No one signed up to speak in opposition and no other members of the public were present. QUESTIONS OF STAFF: Is there some sort of a rating on what a minor power line is and what isn't? No. So is that just an interpretation—and who would interpret? The Cis& Engineer primarily. This is on y regarding facilities that are supportive of a permitted development. Major power lines would not fall under this definition. PUBLIC HEARING CLOSED DELIBERATIONS/MOTION President Inman noted the only change they'd decided on was page 8 of 27 of the staff report under"Public Support Facilities"where they decided upon the removal of the word - "roadway." The following motion was made by Commissioner Caffall, seconded by Commissioner Vermilyea to recommend approval of the Development Code Amendment DCA2009-00003 including the amendment just approved; the removal of the one word ["roadway"]. The motion passed unanimously on a recorded vote, the Commission voted as follows: AYES: Commissioner Anderson, Commissioner Caffall, Commissioner Doherty, Commissioner Fishel, Commissioner Hasman, Commissioner Inman, Commissioner Muldoon, Commissioner Vermilyea and Commissioner Walsh (9) NAYS: None (0) PLANNING COMMISSION MEETING MINUTES—July 6,2009—Page 2 of 3 ABSTAINERS: • None (0) ABSENT: None (0) 6. OTHER BUSINESS None. 7. ADJOURNMENT President Inman adjourned the meeting at 7:28 p.m. Doreen Laughlin,Planning Co Secretary to ol- ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES-July 6,2009—Pagc 3 of 3 NOTICE TO MORTGAGEE,I'7ENHOLDER,VENDOR OR SELLER:• THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE; IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER p TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, SEPTEMBER 8, 2009, AT 7:30 PM. THE PUBLIC HEARING WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THIS HEARING IS FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2009-00003 FILE TITLE: TIGARD OMNIBUS "HOUSEKEEPING" ITEMS APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: The City of Tigard is requesting approval of Development Code Amendments to promote consistency among the Code Chapters. These "housekeeping" items are from Community Development Code Chapters 18.120 Definitions, 18.220 Zoning Administration, 18.310 Summary of Land Use Permits, 18.330 Conditional Use, 18.350 Planned Developments, 18.360 Site Development Review, 18.385 Miscellaneous Permits, 18.390 Decision-Making Procedures, 18.410 Lot Line Adjustments, 18.430 Subdivisions, 18.510 Residential Zoning Districts, 18.520 Commercial Zoning Districts, 18.530 Industrial Zoning, 18.640 Durham Quarry Design Standards, 18.705 Access, Egress, and Circulation, 18.710 Accessory Residential Units, 18.715 Density Computations, 18.730 Exceptions to Development Standards, 18.742 Home Occupations, 18.745 Landscaping and Screenin 18.760 Non-Conforming Situations, 18.765 Off-Street Parking and Loading Requirements, 18.775 Sensitive Lands, 18.780 Signs, and 18.798 Wireless Communication Commucation Facihties. The proposed amendments are available online on the City's website at http://www.tigard-or.gov/city hall/departments/cd/code_amendment.asp for review. LOCATION: Citywide (City of Tigard). ZONE: Various residential, commercial and industrial zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390. Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2: Land Use Planning. Metro Functional Plan: Metro Code Sections 3.07,Urban Growth Management Functional-Plan. Statewide Planning Goals 1, 2. THE PUBLIC HEARING ON THIS MAI ER WILL BE CONDUCT ED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD 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 WRITTEN MONY IS INVITED. ANYONE 111HING TO PRESENT WRI'T'TEN 'TESTIMONY ON THIS PROPOSE ACI1ON MAY DO SO IN WRITI PRIOR TO OR AT THE PUBLIC HEARING. ORAL "TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRI'HEN TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACl'ION ON THE APPLICATION. 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 (25 ) 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 INSPECI1ON 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' ASSISTANT PLANNER HAP WATKINS AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO Hap(a tigard-or.gov. • CITY OF TIGARD • PLANNING COMMISSION • Meeting Minutes July 6,2009 1. CALL TO ORDER President Inman called the meeting to order at 7:03 p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman;Vice President Walsh; Commissioners Anderson, Caffall, Doherty, Fishel, Hasman,Muldoon, and Vermilyea Commissioners Absent: Alternate Commissioner Gaschke Staff Present: Dick Bewersdorff, Planning Manager; Hap Watkins, Assistant Planner; - Doreen Laughlin, Planning Commission Secretary 3. COMMUNICATIONS — Tree Board report from Commissioner Walsh. Walsh reported the board is working on the Urban Forestry Master Plan (UFMP). He said John [Floyd] and Todd [Prager] will be getting back to them so they can give some feedback. 4. CONSIDER MEETING MINUTES 6-1-09 Meeting Minutes: President Inman asked if there were any corrections, deletions, or additions to the minutes; there were none, and President Inman declared the minutes approved as amended. 5. PUBLIC HEARING [Judicial] _it 5.1 Omnibus Code Amendment—Housekeeping Items DCA2009-00003 The City of Tigard is requesting approval of Development Code Amendments to promote consistency among the Code Chapters. PUBLIC HEARING OPENED Hap Watkins,Assistant Planner, presented the staff report on behalf of the City. [Staff reports are available for public review at the City one week prior to public hearings.] Watkins said this staff report covers scriveners errors, erroneous references, incorrect tables, legal issues as to what is allowed in commercial zones, an inclusion of Type I action for minor modification in the conditional use—which wasn't there before; basically a collection of things needing to be changed. 'Dick Bewersdorff gave some more background as to how PLANNING COMMISSION MEETING MINUTES—July 6,2009—Page 1 of 3 this came about. He not are minor corrections —not terrib Y significant.nificant. He then asked if there were any questions. QUESTIONS BY COMMISSIONERS None. PUBLIC TESTIMONY IN FAVOR—John Frewing 7110 SW Lola Lane, Tigard spoke. He said he was in support of the changes in large part, and has several additions that he'd like to be considered. Dick Bewersdorff asked that Frewing email those additions to staff so they can be considered in future "housekeeping"items. Frewing said he would email them to Bewersdorff. Frewing made a comment with regard to page 8 of 27 of the staff report. He questioned the wording"minor structures." There was some discussion as to what constitutes "minor structures". Frewing said the substantive issue he had was the fact that the word "roadway"was in there. He believed that raised the level to more than "minor". The commissioners decided to change the wording and leave the word "roadway" out. Thus, "Public support facilities" #117 will read "Services which are necessary to support uses allowed outright in the underlying zone and involve only minor structures such as underground utilities and construction of roadway improvements including sidewalks," etc. PUBLIC TESTIMONY IN OPPOSITION—No one signed up to speak in opposition and no other members of the public were present. QUESTIONS OF STAFF: Is there some sort of a rating on what a minor power line is and what isn't? No. So is that just an interpretation—and who would interpret? The City Engineer primarily. This is only regarding facilities that are supportive of a permitted development. Major power lines would not fall under this definition. PUBLIC HEARING CLOSED DELIBERATIONS/MOTION President Inman noted the only change they'd decided on was page 8 of 27 of the staff report under "Public Support Facilities"where they decided upon the removal of the word "roadway." The following motion was made by Commissioner Caffall, seconded by Commissioner Vermilyea to recommend approval of the Development Code Amendment DCA2009-00003 including the amendment just approved; the removal of the one word ["roadway"]. The motion passed unanimously on a recorded vote, the Commission voted as follows: AYES: Commissioner Anderson, Commissioner Caffall, Commissioner Doherty, Commissioner Fishel, Commissioner Hasman, Commissioner Inman, Commissioner Muldoon, Commissioner Vermilyea and Commissioner Walsh (9) NAYS: None (0) PLANNING COMMISSION M]sl RING MINUI'I S—July 6,2009_—Page 2 of 3 ABSTAINERS: • None (0) • ABSENT: None (0) 6. OTHER BUSINESS None. 7. ADJOURNMENT President Inman adjourned the meeting at 7:28 p.m. Doreen Laughlin, Planning Comm Secretary \..) ok-- ATI'F,ST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—July 6,2009—Page 3 of 3 I PLEASE SIGN IN HERE aui, . Tigard Planning Commission f Agenda Item # 5.1 Page 1 of Date of Hearing 7-6-09 Case Numbers) DCA2009-00003 Case Name Omnibus Code Amendment Location Citywide If you would like to speak on this item, please CLEARLY PRINT your name, address, and zip code below: Proponent (FOR the proposal): Opponent (AGAINST the proposal): Name: 1 t,�..� r1 Ill e to,LA) Name: Address: l<� d Address: L&k ck c4 r o 4 City, State, Zip: City, State, Zip: t.b iv ry Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: • • q City of Tigard a ' Planning Commission — Agenda 71i60 D.' . _ .. . •.•. AL�i41'TIIWINff .. .. A'.TStA"d3 - - MEETING DATE: July 6, 2009, 7:00 p.m. MEETING LOCATION: City of Tigard —Town Hall 13125 SW Hall Blvd., Tigard, OR 97223 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:00 p.m. 3. COMMUNICATIONS 7:02 p.m. 4. CONSIDER MINUTES 7:05 p.m. 5. PUBLIC HEARING 7:10 p.m. 5.1 LEGISLATIVE UPDATE: TIGARD OMNIBUS "HOUSEKEEPING" ITEMS 6. OTHER BUSINESS 8:10 p.m. 7. ADJOURNMENT 8:15 p.m. PLANNING COMMISSION AGENDA-JULY 6, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 1 . r • • Agenda Item: 5.1 Hearing Date: July 6,2009 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION ' xk FOR:THE CITY OF TIGARD, OREGON :tiara- SECTION I. APPLICATION SUMMARY CASE NAME: LEGISLATIVE UPDATE: TIGARD OMNIBUS"HOUSEKEEPING" ITEMS CASE NO.: Development Code Amendment(DCA) DCA2009-00003 PROPOSAL: The City of Tigard is requesting approval of Development Code Amendments to promote consistency among the Code Chapters. These "housekeeping" items are from Community Development Code Chapters 18.120 Definitions, 18.220 Zoning Administration, 18.310 Summary of Land Use Permits, 18.330 Conditional Use, 18.350 Planned Developments, 18.360 Site Development Review, 18.385 Miscellaneous Permits, 18.390 Decision-Making Procedures, 18.410 Lot Line Adjustments, 18.430 Subdivisions, 18.510 Residential Zoning Districts, 18.520 Commercial Zoning Districts, 18.530 Industrial Zoning, 18.640 Durham Quarry Design Standards, 18.705 Access, Egress, and Circulation, 18.710 Accessory Residential Units, 18.715 Density Computations, 18.730. Exceptions to Development Standards, 18.742 Home Occupations, 18.745 Landscaping and Screening, 18.760 Non-Conforming Situations, 18.765 Off-Street Parking and Loading Requirements, 18.775 Sensitive Lands, 18.780 Signs, and 18.798 Wireless Communication Facilities. APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 - ZONES: Various residential, commercial and industrial zones. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390. Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2: Land Use Planning. Metro Functional Plan: Metro Code Sections 3.07, Urban Growth Management Functional Plan. Statewide Planning Goals 1, 2. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find in favor to amend all regulations as proposed, with any alterations as determined through the public hearing process and.make a final recommendation to.the Tigard City Council. - DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 1 OF 27 � • SECTION III. BACKGROUND INFORMATION Over the past several years, staff has collected Development Code items which are inconsistent and/or need clarification. There are approximately 150 total items. Staff has compiled these and grouped them by complexity. Those that are less complex (such as scrivener's errors and inconsistent references) have been included into the Omnibus Package and are the subject of this proposal. The remainders have been grouped by Development Code Section and will be brought to the Planning Commission on a by-Section basis. As the City has recently completed the significant task of updating the Comprehensive Plan policies, one of the next tasks is to align these policies with the implementing ordinances to make the Code more clear and objective. Proposal Description The "Omnibus Package" is the first step to addressing the Development Code amendment list items. The Omnibus Package items are proposed to make the code consistent, more clear and objective and to promoting the general health, safety and welfare of the public, to set forth the standards and procedures governing the development and use of land in Tigard and to implement the Tigard Comprehensive Plan. The City is requesting approval of Development Code Amendments to promote consistency in the Code Sections. These"housekeeping"items are from Code Chapters: 18.120 Definitions; 18.220 Zoning Administration; 18.310 Summary of Land Use Permits; 18.330 Conditional Use; 18.350 Planned Developments; 18.360 Site Development Review; 18.385 Miscellaneous Permits; 18.390 Decision-Making Procedures; 18.410 Lot Line Adjustments; 18.430 Subdivisions; 18.510 Residential Zoning Districts; 18.520 Commercial Zoning Districts; 18.530 Industrial Zoning; 18.640 Durham Quarry Design Standards; 18.705 Access,Egress,and Circulation; 18.710 Accessory Residential Units; 18.715 Density Computations; 18.730 Exceptions to Development Standards; 18.742 Home Occupations; 18.745 Landscaping and Screening; 18.760 Non-Conforming Situations; 18.765 Off-Street Parking and Loading Requirements; 18.775 Sensitive Lands; 18.780 Signs; 18.798 Wireless Communication Facilities; SECTION IV. APPLICABLE CRITERIA City of Tigard Development Code (TCDC) Chapter 18.380: Zoning Map and Text Amendments Section 18.380.020 Legislative Amendments to the Title and Map A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.309.060G Findings: The proposed amendments to the Tigard Development Code would help make the Code more consistent, more clear and objective and promote the general health, safety and welfare of the public, to set forth the standards and procedures governing the development and use of land in Tigard and to implement DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 2 OF 27 the Tigard Comprehensive Plan. The proposed amendments are being processed through a Type IV procedure including: public notice and a Planning Commission and City Council Hearing. Therefore, the application is being processed as a Type IV procedure,Legislative Amendment, as governed by Section 18.390.060G and this criterion is met. Conclusion: Based upon the above findings, the application complies with TCDC Section 18.380.020. Chapter 18.390: Decision-Making Procedures Section 18.390.020. Description of Decision-Making Procedures B.4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. Findings: The proposed amendments to the Tigard Development Code will be reviewed under the Type IV legislative procedure as detailed in Section 18.390.060.G. In accordance with this section, the amendments will initially be considered by the Planning Commission with City Council making the final decision. Conclusion: Based upon the above findings, the application complies with TCDC Section 18.390.020. Section 18.390.060.G. Decision-making considerations. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable Metro regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. Findings: Pursuant to the findings and conclusions in this Staff Report that address applicable Statewide Planning Goals and Guidelines per ORS Chapter 197, Metro Regional Functional Plan Titles, City of Tigard Comprehensive Plan policies and Development Code Chapters, the amendment is consistent with this criterion. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; Forty-five day advance notice was provided to the Oregon Department of Land Conservation and Development (DLCD) on May 6, 2009, well in advance of the required minimum of 45 days prior to the first scheduled public hearing. In addition, the Tigard Development Code (TCDC) and Comprehensive Plan have been acknowledged by DLCD. The following applicable Statewide Planning Goals are addressed further in this Staff Report: Statewide Planning Goal 1, Citizen Involvement and Statewide Planning Goal 2 Land Use Planning. Conclusion: Based upon the above findings, the application complies with TCDC Section 18.390.060 CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: Comprehensive Plan Chapters Goal 1: Citir<en Involvement;Goal 2:Land Use Planning. A review of the Comprehensive Plan identified the following relevant policies for the proposed amendments: Chapter 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. Policy 2. The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 3 OF 27 S S Findings: The proposal has complied with all notification requirements pursuant to Section 18.390.060 of the Tigard Community Development Code. This Staff Report was also available seven days in advance of the hearing pursuant to Section 18.390.070.E.b of the Tigard Community Development Code. Information was distributed throughout the process via the City's amendment website, an "interested parties listserv" and one Cityscape article. As part of the Development Code Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the June 18, 2009 issue of The Tigard Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 1.1, Policy 2. Policy 5. The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. F As outlined previously in this Staff Report, the community was given multiple opportunities and metho s to get information and get involved. This included a Cityscape newsletter that is delivered to every household in Tigard. As this is not a large scale project, the associated citizen involvement program is of similar scale. This proposal is not a policy decision, guiding document or other effort which is suited for extensive public involvement. It is an effort to make the Development Code consistent and does not contain highly subjective items which would be suited for stakeholder feedback and guidance. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 1.1, Policy 5. Goal 1.2 Ensure all citizens have access to: A. opportunities to communicate directly to the City; and B. information on issues in an understandable form. Policy 1. The City shall ensure pertinent information is readily accessible to the community and presented in such a manner that even technical information is easy to understand. Fps: Information regarding the topics included in this Development Code Amendment was available in multiple locations in an understandable format for the duration of the process. This included paper and electronic copies that were available in the permit center and on the City's website. Information was regularly updated to the City's website. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 1.2,Policy 1. Policy 2. The City shall utilize such communication methods as mailings, posters, newsletters, the Internet, and any other available media to promote citizen involvement and continue to evaluate the effectiveness of methods used. Findings: Information was distributed throughout the process via the project website, an interested parties list and a Cityscape article. As this is not a large scale project, the associated citizen involvement program is of similar scale. This proposal is not a policy decision, guiding document or other effort which is suited for extensive public involvement. It is an effort to make the Development Code consistent and does not contain highly subjective items which would be suited for stakeholder feedback and guidance. Therefore, promoting various citizen involvement methods and evaluating effectiveness may not be appropriate for this type of amendment proposal. Conclusion: Based upon the above findings, the application complies with the relevant aspects of Tigard Comprehensive Plan Goal 1.2, Policy 2. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 4 OF 27 • Policy 5. The City shall seek citizen participation and input through collaboration with community organizations, interest groups, and individuals in addition to City sponsored boards and committees. Findings: This proposal is not of a type or scale to necessitate community organization collaboration. There are no substantially subjective issues lending themselves to decisions which were made to generate the proposal language. Additionally, the amendments do not significantly affect the use of land or property. The proposed amendments are not guiding principles or would substantially affect stakeholders to generate differing positions which reviewing findings or analyzing information to make decisions. Therefore, this policy is not applicable. Conclusion: Based upon the above findings, the application is not applicable to Tigard Comprehensive Plan Goal 1.2,Policy 5. Chapter 2: Land Use Planning Goal 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative basis of Tigard's land use planning program. Policy 1: The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. Findings: The proposed amendment satisfies this policy by updating the Development Code Chapters which will better comply with state and regional requirements and serve citizen interests by helping to create a more clear and objective and synchronized Development Code. The proposed amendments to the Tigard Development Code would help make the Code more consistent, more clear and objective and promote the general health, safety and welfare of the public, to set forth the standards and procedures governing the development and use of land in Tigard and to better implement the Tigard Comprehensive Plan. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 2.1,Policy 1. Policy 2. The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. Findings: The proposed amendments will better support the existing land uses and future development potential in the City of Tigard by helping to provide a clearer, more objective and synchronized Code.These amendments more consistently set forth the standards and procedures governing the development and use of land in Tigard and to implement the Tigard Comprehensive Plan. Furthermore, the following analysis has proven that the application is consistent with and implements the Tigard Comprehensive Plan. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 2.1,Policy 2. Policy 3. The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. Findings: The City sent out request for comments on the proposed amendment to all potentially affected jurisdictions and agencies. All were given more than the minimum required 14 days to respond. Any comments that were received are addressed in Section VII: Outside Agency Comments of this Staff Report. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 2.1,Policy 3. Policy 20. The City shall periodically review and if necessary update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs, provide reliable information, and conform to applicable state law, administrative rules, and regional requirements. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 5 OF 27 Findings: The proposed amendments satisfy this policy by updating the Development Code. By updating the Code, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs such as the Sate Building Code. Findings of conformance to applicable state and regional requirements can be found in this Staff Report. The proposed amendments are in themselves, an update of the Comprehensive Plan's implementing measures. The amendments are proposed to a community need of a succinct, synchronized code which provides consistent and reliable information. The proposed amendments will better support the existing land uses and future development potential in the City of Tigard by helping to provide a clearer, more objective and synchronized Code. These amendments more consistently set forth the standards and procedures governing the development and use of land in Tigard and to implement the Tigard Comprehensive Plan. Conclusion: Based on the analysis above, staff finds that the proposed amendments satisfy the applicable review criteria within the Tigard Comprehensive Plan, Goal 2.1,Policy 20. APPLICABLE METRO PROVISIONS Metro Urban Growth Management Functional Plan Findings: The Metro Functional Plan is not applicable to this application. The application does not affect those Titles that pertain to Tigard. The application does not compromise compliance with any Metro Titles. Conversely, the proposed amendments bring the City into further compliance with Metro Titles by creating a more clear and objective, consistent and accurate code. • The proposal does not have bearing or amend the City's housing or employment targets per Title 1. • It does not affect regional mobility or traffic issues per Title 2. • It is not relevant to water quality, flood management or fish and wildlife per Tide 3. • The application does not specifically affect industrial or employment areas per Title 4. • Neighboring cities and/or rural reserves in Title 5 will not be affected by this proposal. • The application is not relevant to designated centers per Title 6. • The proposal does not affect housing affordability per Tide 7. • No compliance procedures per Title 8 are relevant to this proposal. • Performance measures per Tide 9 are not affected by this amendment proposal. • The proposal does not change any definitions per Title 10. • The proposal is not planning for a new urban area per Tide 11. • The application does not alter residential neighborhoods per Title 12. Therefore, these criteria are not applicable. Conclusion: Based on the analysis above, staff finds that the Metro Urban Growth Management Functional Plan is not applicable to the proposed amendments. APPLICABLE STATEWIDE LAND USE PLANNING GOALS Statewide Planning Goals Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Findings: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. As part of the Development Code Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the June 18, 2009 issue of The Tigard Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. The public hearings will be conducted pursuant to Oregon statutory requirements to ensure testimony pertaining to this matter is presented in a manner that allows it to be included as part of the evidentiary record. DCA2009-00003 7/6/2009 Public I-Iearing Staff Report to Planning Commission PAGE 6 OF 27 0' • Conclusion: Based upon the above findings, the application complies with Statewide Planning Goal 1. 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. Findings: 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's policies;which include policies for amending the Plan and implementing ordinances. The Development Code establishes a process and procedures to review changes to the Development Code consistent with Goal 2. The City's Comprehensive Plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2 which have been acknowledged by DLCD. These proposed amendments are being processed through the appropriate procedures as described in this Staff Report. The proposed amendments and Staff Report provides a factual basis for all proposed amendments. Because the proposed amendments are not subjective, there is not substantially alternative language or opposing positions to evaluate. The proposed amendments to the Tigard Development Code are being processed as a Type IV procedure, which requires any applicable Statewide Planning Goals, federal or state statutes or regulations, Metro regulations, local Comprehensive Plan policies and implementing ordinances to be addressed as part of the decision-making process. As described in this Staff Report, Notice of the Proposed Amendments was provided to DLCD 45 days prior to the first scheduled public hearing as required. All applicable review criteria have been addressed within this Staff Report; therefore, the requirements of Goal 2 have been met. Conclusion: Based upon the above findings, the application complies with Statewide Planning Goal 2. Conclusion: Based upon the above findings, the application complies with all applicable Statewide Planning Goals. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 7 OP 27 411, SECTION V. STAFF ANALYSIS (Bold and underline text indicates proposed new language and indicates language proposed to be deleted.) Chapter 18.120 DEFINITIONS 18.120.030 Meaning of Specific Words and Terms A. For additional words and terms, also see Use Classifications (Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755); Sensitive Lands (Section 18.775); Signs (Section 18.780); Tree Removal (Section 18.790); and Wireless Communication Facilities (Section 18.798).As used in this title, the following words and phrases mean: 4. `Accessory building or structure"-A freestanding structure whose use is incidental and subordinate to the main use of property a is located on the same lot as the main use and is freestanding or is joined to the primary structure solely by non-habitable space as defined by the State Building Code. 6. `Addition"-A modification to an existing building or structure which increases its height or increases the site coverage. A structure is considered an addition only when it shares a common wall and is structurally dependent on the primary structure. (See also "Accessory building or structure" and "common wall") 43. "Common Wall" —A wall or joined walls that share a boundary to provide separation of interior spaces. For vertical additions, a floor/ceiling assembly is a shared boundary separating spaces. Finding: This proposed amendment clarifies accessory structure definitions and associates all relevant definitions to work in concert. These definitions help to define accessory structures to avoid large buildings attached by breezeways and refine the wording of Director's Interpretation of July 3, 2006. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by aligning all associated definitions. 18.120.030 Meaning of Specific Words and Terms A. For additional words and terms, also see Use Classifications (Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755); Sensitive Lands (Section 18.775); Signs (Section 18.780); Tree Removal(Section 18.790); and Wireless Communication Facilities (Section 18.798).As used in this title, the following words and phrases mean: 54. `Density"- The intensity of residential land uses, usually stated as the number of housing units per acre and defined in Section 13.720. 18.715. Finding: Scrivener's error; incorrect Code Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.120.030 Meaning of Specific Words and Terms A. For additional words and terms, also see Use Classifications (Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755); Sensitive Lands (Section 18.775); Signs (Section 18.780); Tree Removal (Section 18.790); and Wireless Communication Facilities (Section 18.798).As used in this title, the following words and phrases mean: 117. "Public support facilities"— Services which are necessary to support uses allowed outright in the underlying zone and involve only minor structures such as underground utilities and construction of roadway improvements including sidewalks, curbs. streetlights and driveway aprons.power lines and poles.phone booths, fire hydrants. as well as bus stops, benches and mailboxes which are necessary to support principal development DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 8 OF 27 • Finding: This clarifies the term used in the Sensitive Lands Chapter so that it is the same as the original sensitive lands regulations and so as not to be confused with principal structures like streets. The term "public support facilities" is used in the Sensitive Lands Section but is not defined. This amendment uses the definition listed in the 1984 code and helps to eliminate confusion about what is meant by the term. This also aligns with Tigard Development Code Section 18.775.020.E.1.a. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.220 ZONING ADMINISTRATION 18.220.020 Zoning District Map A. Consistency with zoning map. The boundaries of each of the foregoing districts as listed in Table 18.220.1 Chapter 18.500 and the zoning classification and use of each tract in each of said zoning district is perceived to coincide with the identibling zone classification shown on the map entitled `Tigard Zoning District Map", dated with the effective date of this title retained by the City Recorder and referred to as the "zoning district map."Said map by this reference is made a part of this title. A certified print of the adopted zoning district map or map amendments shall be maintained in the office of the Planning Division as long as the code remains in effect. Finding: Scrivener's error; the referenced table "Table 18.220.1" doesn't exist. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.310 SUMMARY OF LAND USE PERMITS 18.310.020 Summary of Land Use Permits A. Summary Table. The table summarizing the decision-making procedure and substantive approval requirements of each land use permit and related action is presented in Table 18.310.1 below: TABLE 18.310.1(Con't.) Decision-Making Approval Other Development Land Use Permit/Action _ Type Criteria Regulations Sensitive Lands • Within 100-Year Flood Plain I III-HO 18.775.020.E 4,18.775.070B 18.775 • With Excessive Slopes L II,III-H03 18.775.020.E 4,18.775.070C 18.775 • Within Drainage Ways III,III-HO3 18.775.020.E 4,18.775.070D 18.775 • Within Wetlands II,III-HO3 18.775.070E 18.775 • Permitted U3e3 With Mitigation I 18.797.060A D 18.797 • Permitted Uses w/Mitigation/ No Alternative II 18.797.060B D 18.797 • Conditional U3c3 III HO; 18.797.060B D 18.797 Add footnote [4] Type I procedures are reviewed with criteria of 18.775.020.E Type II and III procedures are reviewed with criteria 18.775.070.B. Finding: Scrivener's error. This amendment is proposed because the City does not have a fee for Type I sensitive lands. Additionally, the Table doesn't list Type I sensitive lands permits and lists a "water resources overlay" which no longer exists. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 9 OF 27 Chapter 18.330 CONDITIONAL USE 18.330.020 Approval Process E. Approval period. Conditional use approval by the Hearings Officer shall be effective for a period of 1- 1/2 years from the date of approval. The conditional use approval by the Hearings Officer shall lapse if: 1. Substantial construction of the approved plan has not begun within a one and one half year period; or 2. Construction on the site is a departure from the approved plan. 18.330.020.C. Minor modification of approved or existing conditional use. 2. An applicant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.040 18.390.030, using approval criteria in Subsection C3 below. Chapter 18.390 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE TABLE 18.390.1 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE Type Permit/Land Cross-Reference(s) I (18.390.030) Accessory Residential Units 18.710 Wireless Communications Facilities -- 18.370.040 C8b; 18798 Setback from Other Towers Conditional Use/Minor Modification 18.330.030 Type Permit/Land Cross-Reference(s) II (18.390.040) Access/Egress Adjustment 18.370.020 C3b Conditional Usc/Minor Modification 18.330.030 Finding: 18.330 does not explicitly state approval for 18 months while 18.330.030A.6. relates to site development review, which could be applied. This makes the approval period consistent with that of the site development review process. There is a conflict between Sections 18.390 and 18.330 regarding minor modifications to Conditional Use Permits. The City has been processing CUP minor modifications as Type I processes based on 18.330.020.C.2 and Table 18.310. Contrary to this, 18.390.040 shows a minor modification as a Type II procedure. To address this, 18.330.020.C.2 should refer to Section 18.390.030 because the minor modification application is a Type I. In this amendment, Table 18.390.1 is modified to remove CUP minor modifications from the Type II Section and added to the Type I Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections and review processes. Chapter 18.350 PLANNED DEVELOPMENTS 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: 4. In addition, the following criteria shall be met: DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 10 OF 27 • 0 m. Shared open space facilities: These requirements are applicable to residential planned developments only. 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 100year foodplain). (2) Passive use facilities. Up to 100% of the open space requirement may be satisfied b 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. Finding: The new PD Section requires commercial and industrial uses to adhere to the same open space standard as a residential subdivision. The Planning Commission members have said that this was not intended. Shared open space facilities are problematic and provide for a significant cost and feasibility impact for conventional commercial development unless there'are existing natural areas that could not otherwise be developed. With this standard, there is little expectation that any developer would volunteer to use the PD process. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by refining regulations to their intent. Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.080 Exceptions to Standards 18.360.080 Exceptions to Standards 18.360.080 Exceptions to Standards D. Exceptions to landscaping requirements. The Director shall may grant an exception to the landscaping requirements of this code, Section 18.120.150, 18.360.070.B.4 upon finding that the overall landscape plan provides for at least 20 percent of the gross site to be landscaped. Finding: The existing section refers to old development Code's Site Development Review Process. Additionally, the word "shall" if the overall landscape plan provides for 20% could be problematic since that is the standard for most zones. 18.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or major modification of an approved plan or existing development, as defined in Section 18.360.03011, 18.360.020.A shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. Finding: This amendment is proposed because the section refers to itself as a definition. The proposed language references the list of the Site Development Review processes. Chapter 18.385 MISCELLANEOUS PERMITS Note:Entire Section Removed .- ... . Seetion :- - - - 1 1 • -. 18.485.0,10 Scn itiyc La..a n�_.,:.s 18.385.060 Tree D,.....,._...1 Permits 1 - •• • - -- - A. Criteria for historic overlay district designation. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 11 OF 27 Stated in Section 18.710.010,Purpose; b.The Site or area propo3cd for thc designation reflects the broad cultural er natural history of c. The site or arca i3 identified with historic per3onagc3,or with important events in national, 3tatc or local history; d.The site or area propo3cd for the designation embodies the distinguishing characteristics of an architectural specimen inherently valuable for a study of a period, Style or method of B. Criteria for removal of historic overlay district designation. Removal of an historic overlay district designation Shall be made by means of a Type IIIB procedure,a3 governed by Section 18.390.050, when the Historic Site3 and Districts Committee finds that any of the following criteria have been met: 1.The original historic overlay district designation was placed on the site in error; 2.The resource designated with the historic overlay district designation has cca3ed to exist; 3.The resource designated with the historic overlay district designation i3 no longer of significance to the public;or burden to maintain the property as an historic or cultural resource C. Criteria for exterior altcration3.Approval for exterior altcration3 of structures in an historic overlay district shall be granted by means of a Type II proccdurc,as governed by Section 18.390.040,by the Director using the following criteria: 1.The purpose of the historic overlay district as set forth in Section 18.740.010; 2.The economic use of the structure in a historic overlay district and the reasonableness of the propo3cd alteration and their relationship to the public interest in the structure's or landmark's preservation or renovation; • 3. The value and significance of the structure or landmark in an historic overlay district; 1.The physical condition of the Structure or landmark in an historic overlay district;and and materials proposed to be used with an existing structure in an historic overlay district. D. Criteria for construction of new structures.Approval for exterior alterations of structures in an 18.390.040,by the Director using the following criteria: 1.The purpose of the historic overlay district a3 set forth in Section 18.710.010; 2.The economic effect of the new structure on the historic value of the district; 3.The visual effect of thc proposed new structure on the architectural character of the district;and :- :. ::.. . : - _ , . . .. .. , - _ - , E. Criteria for demolition.Approval for demolition of structures in an historic overlay district shall be the following criteria: 1. The purpose of this Section as 3et forth in Section 18.740.010; 2.The criteria used in the original designation of the district in which the property under consideration i3 situated; • . Y' - .- - - - - -- - -- - --- - -- -- -- - ---- -- --- --- -- -- ----- -- - --- ----- - -- - ---- -- - i n question,or it3 appurtenant fixtures;the relationship of such features to similar features of the public rights of way,and to other buildings and structures in the arca; 4.The effects of the proposed work upon the protection,enhancement,perpetuation and use of the district which Call3C it to possess a special character or special historical or aesthetic lntere3t or valtie;-anel 5.Whether denial of the permit will subject the City to potential liability,involve substantial hardship to the applicant, and whether issuance of the permit would act to the substantial detriment of the public welfare and would be contrary to the intent and purpose-3 of this title. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 12 OF 27 • • - - "' - ► . - - complies-with all development criteria in Sections 18:742.040A and 18.742.050 Al. Typc II procedure,as govcrncd by Section 18.390.010, after a demonstration that the proposal 1. Further limiting the hours,days,place and manner of operation; vibration,air pollution,glare,odor and dust; -. - - - .. . .. : . - :.:.:.. . - . . - : eleer sterage used by the Borne occupation and 5. Designating the size,number,location and design of vehicle access points; ecedPittielt 9. Limiting the extent and type of interior or exterior building remodeling necessary to construction; comply with the purposes stated in Sections 18.715.040 and 18.712.050. D. Grounds for evocation.The Director may Section.. ... .. -• - _ - -. .. . . . as` a. Generation of excessive traffic; b. Exclusive u3c of on street parking spaces; occupatien on the subject parcel will be considered. her residence. . . ... -- - . . .... .... . _ A. Permit requirement. Using a Typc I preccdurc, as govcrncd by Section 18.390.030, the following DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 13 OF 27 • • • 1.Proof that the use was permitted by this tic at-the time it was established,by any of the c.Demonstration that the use was established before the first development code for the 2.Proof that the use has bccn maintained over time. This includes copies of the one or more following evidence for every other year from the time the use was established until the current year. Standard evidence that the use has been maintained over time includes: a. Utility bills; b. Income tax records; C.Business licenses; d. Listings in telephone,business and Polk directories; f.Building,land use or development permits. A. Permits required.An applicant who wishes to develop within a sensitive area,as defined in Section 18.775,must obtain a permit in certain situations. Depending on the nature and intensity of the .: .! ` : -: . he approval criteria for various kinds of sensitive areas, c.g., floodplain, are presented in SubScctions B E below. B.Within the 100 year floodplain.The Hearings Officer shall approve, approve with conditions or deny criteria have bccn satisfied: of the zero foot rise floodway shall not result in any encroachments,including fill,new construction, substantial improvements and other development unless certified by a registered the base flood discharge; 2.Land form alterations or developments within the 100 year floodplain shall be allowed only in alterations or developments associated with community recreation uses,utilities,or public support facilities as defined in Section 18.120 of the Community Development Code shall be not result in any increase in the water surface elevation of the 100 year flood; accordance with the adopted pedestrian/bicycle pathway plan,unless the construction of said pathway is deemed by the Hearings Officer as untimely; of an average annual flood; 6.The necessary U.S.Army Corps of Engineers and State of Oregon Land Board,Division of State floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan.This area shall include portions of-a C.With excessive slopes The appropriate approval authority shall approve,approve with conditions or disturbances to an extent greater than that required for the use; 2.The proposed land form alteration or development will not result in erosion,stream sedimentation,ground instability,or other adverse on site and off site effects or hazards to life or property; 3.The structures arc appropriately sited and designed to ensure structural stability and proper DCA2009-00003 7/6/2009 Public Ilearing Staff Report to Planning Commission PAGE 14 OF 27 • • accordance with Section 18.715,Landscaping and Screening. all of the following criteria have bccn satisfied: - . .. . .-. . .. disturbanccs to the extent greater than that required for the use; 2. The proposed land form alteration or development will not result in erosion, stream sedimentation,ground instability, or other adverse on site and off site effects or hazards to life or Prererti 3.The water flow capacity of the drainage way i3 not decreased; nert-eovered-by structures or impervious surfaces will be replanted to prevent erosion in accordance with Section 18.715,Landscaping and Screening; flow in accordance with the adopted 1981Ma3tcr Drainage Plan; -. .. accordance with the adopted pedestrian bicycle pathway plan. E.Within wetlands. The Director shall approve, approve with conditions or deny an application request been satisfied: - - .„ -• - •-- -.. � , . .. . � , of such a wetland; disturbances to an extent greater than the minimum required for the uae; .. -y-encroachment or change in on site or off site drainage which would adversely impact wetland charactcri3tics have been mitigated; cpccics in accordance with Section 18.715,Landscaping and Screening; .• 5.All other sensitive lands requirements of this Section have been met; 6. The provisions of Section 18.790,Tree RemT ;T11TTTT:val,s me .: . -: ma-- - ::: .- - • . - ;.--- -. . :. criteria are satisfied 2. The use i3 permitted in the underlying zoning district;•. Y- - .-- .. : : - - :.. - .- -- . -, -- - - - -- .. \ , : - criteria are satisfied: DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 15 OF 27 • • severe damage by the-elements to a pre existifig-atructi re er fac-ility previously occupied by the applicant on the premises for which the permit is sought; 2.The use of a mobile or manufactured home en a lot with an existing dwelling unit is necessary to otherwise be required to receive needed attention from a hospital or care facility; . .. 3.The applicant has been evicted within 60 days of the date of the application from a pre existing by a public authority,or eviction by abatement of nuisance proceedings,or by determination of a occupied constitutes a nuisance or is unsafe for continued use;or '1.There has been a loss of leasehold occupancy rights by the applicant due to unforeseeable circumstances or other hardship beyond the foresight and control of the applicant; 5. Thcrc exists adcquatc and safe ingress and egress when combined with the other uses of the Visual Clearance; 6. There exists adequate parking for the customers of the temporary use as required by Section 18.765,Off Street Parking; 7. The use will not result in congestion on adequate strccts; 8.The use will pose no hazard to pedestrians in the area of the MC; 10.The use can be adequately served by sewer or septic system and water,if applicable. C.Temporary sales office or model home. By means of a Type I proccdurc,as governed by Section within the City as a temporary sales office, offices for the purpose of facilitating the sale of real property, or model home in any subdivision or tract of land within this City,but for no other purpose, •- --- - �: 1.Temporary sales office: a.The temporary sales office shall be lecatcd within the boundaries of the subdivision or tract of land in which the real property is to be sold;and b. The property to be used for a temporary sales office shall not be permanently improved for that purpose. 2. Model house: where the real property to be sold is situated;and b.The property to be used for a model house shall be a permanently designed dwelling structure. D. Temporary Building. Using a Type II procedure, as governed by Section 18.390.01-0,The Director any real commercial or industrial property within the City as a temporary commercial or industrial • located; . Y - : -- - - . . - . ---- - .. . . .. . . .. -- . : - • -_ -- 3.Thcrc exists adequate and safe ingress and egress when combined with the other uses of the property;as required by Section 18.705,Access,Egress and Circulation,and Section 18.795, Visual Clearance; 18.765,Off Street Parking; 5.The use will not result in congestion on adcquatc streets; 6.The use will pose no hazard to pedestrians in the area of the use; 8. The use can be adequately served by sewer or septic system and , , hardship. DCA2009-00003 7/6/2009 Public I-Tearing Staff Report to Planning Commission PAGE 16 OF 27 • • ! . ! • - . .. lam a. Dcpo3it3 of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume on by direct dcpo3it, dropping,discharge or a3 a result of the action of cro3ion. canopy cover if the existing canopy cover is less than 75%. date of approval. Finding: This Section is repetitive relative to existing code requirements. It is repeated in each individual Section of the development code pertaining to the permits listed in Section 18.385. This redundancy creates confusion for applicants and City Staff. Therefore, this proposed amendment better implements the City's Comprehensive-Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.390 DECISION-MAKING PROCEDURES 18.390.080 General Provisions E. Director's duties. With regard to processing applications submitted under this Section, the Director shall: 3.Accept all development applications which comply with the provisions of Section 18.380.080 C3 18.390.080.D.3. Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.390.040 Type II Procedure C.Notice ofpending Type II Administrative Decision. 1. Prior to making a Type II Administrative Decision, the Director shall provide notice to: a. All owners of record within 500 feet of the subject site; b. Any City-recognied neighborhood group whose boundaries include the site; c. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or who is otherwise entitled to such notice. and 18.390.050 Type III Procedure C.Notice of hearing. 1. Mailed notice. Notice of a Type II Administrative Appeal hearing or Type III hearing shall be given by the Director in the following manner. a. At least 20 days prior to the hearing date, notice shall be sent by mail to: (1) The applicant and all owners or contract purchasers of record of the site which is the subject of the application; (2) All property owners of record within 500 feet of the site; (3) Any affected governmental agency which has entered into an intergovernmental agreement with the City which includes provision for such notice, or who is otherwise entitled to such notice; (4) Any City-recognized neighborhood group ; , - • • _ •, , , -• , whose boundaries include the site; DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 17 OF 27 • (5) Any person who has submitted a written request, and who has paid a fee established by the Council;and (6) In actions involving appeals, the appellant and all parties to the appeal. and 18.390.060 Type IV Procedure D. Notice of hearing. 1. Required hearings. Two hearings, one before the Commission and one before the Council, are required for all Type IV actions, except annexations where only a hearing by the City Council is required. 2. Notification requirements. Notice of the public hearings for the request shall be given by the Director in the following manner. a. At least ten days prior to the scheduled hearing date, notice shall be sent to: (1) The applicant; (2) Any affected governmental agency; (3) The individual recognized by the affected CIT as the official contact person Any City-recognized neighborhood group whose boundaries include the site;and (4) Any person who requests notice in writing and pays a fee established by Council resolution. Finding: These amendments synchronize the neighborhood notice process for Type II, III, and IV Procedures. This will allow City Staff to send notices based on the new Neighborhood Network Boundaries (or any future boundary) for all types of decisions. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.410 LOT LINE ADJUSTMENTS 18.410.040.A Approval Criteria 4. With regard tog lots: b. A screen shall be provided along the property line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Sectionf may 18.745.048-.050. Screening m also be required to maintain privacy abutting lots and to provide usable outdoor recreation areas for proposed development. Finding: Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.430 SUBDIVISIONS 18.430.030 Approval Process B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Section 18.390, using approval criteria contained in Section 18.430.080 18.430.070 Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.510 RESIDENTIAL ZONING DISTRICTS 18.510.060 Accessory Structures A. Permitted uses.Accessory structures are permitted by right in all residential zones subject to the following: 2.Non-dimensional requirements: b.An accessory structure shall comply with all of the requirements of the-3n form-Building-Code. State Building Code 2411 accessory structures except those less than 120 square feet in site require a building permit; Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 18 OF 27 • • 18.510.020 List of Zoning Districts ' H. R-40:Mediutrr-High-Density Residential District. The R-40 zoning district is designed to accommodate existing housing of all types and new attached single-family and multifamily housing units with no minimum lot site er-MaNiffitlf9P-delffift. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. Finding: This amendment is proposed because the existing text is inconsistent with the Tigard Comprehensive Plan. According to the Comprehensive Plan, "Medium-High Density Residential" includes the R-25 zone, not the R-40 zone. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the these two documents. Chapter 18.520 COMMERCIAL ZONING DISTRICTS TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-Nl1] C-C[51 C-G . C-P CBD MUE[20] MUC-1 MUC[28] MUE MUR 1 and 21281 1 and 21281 CIVIC (INSTITUTIONAL) Basic Utilities C N N C C C C 032] C[32] C]32] C[321 C(32.1 Colleges N N N N N C C C C C Community Recreation N P N _ N P C N P C C Cultural Institutions P P P P P P P P P N Day Care P P P P P P P P - P P/C[33] Emergency Services P P P P P P P P P N Medical Centers C N C C C C C C C C Postal Service P P P P P P P P P N Public Support P P P P P P P P P P Facilities _ Religious Institutions C C P G P P P G P P P C Schools N N N N N C C C C C Social/Fraternal C C P P • P P P P P C Clubs/Lodges COMMERCIAL Commercial Lodging N N P R]l4] P P P P P N Eating and Drinking C P P R1151 P P P P P R[3a/3s] Establishments Finding: Because churches are currently a conditional use while social and fraternal clubs are permitted has been a litigated situation. Additionally, the amendment conditionally permits basic utilities in the C-C and C-G zones. This was an oversight when transferring uses from the original code to the existing version. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by adhering to land use law precedence. 18.520.030 Uses C.Accessory structures. 1.Accessory structures are permitted in all commercial zones providing the site is still in compliance with all development standards, including but not limited to setbacks, hei:ht, lot covera:e and landscaping requirements, of the base zone. All accessory structures shall comply with all requirements of the - .. .... • '. ,; State Building Code All accessory structures except those less than 120 square feet in size require a building permit; Findings: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 19 OF 27 • • TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CA"I'EGORY C-NE11 C-051 C-G C-P CBD MUE1201 MUC-1 MU C[28) MUE MUR 1 and 1 and ® 21281 21281 Detention Facilities N N C N C N N Heliports N N C C C N N Mining N N N N N N N Wireless P/R[3] P/R[31 P/R[31 P/R[3] P/R131 P/R13] P/R[271 Communication Facilities Rail Lines/Utility P P P P P P P Corridors Other C[41 C[1o1 NA NA C[191 NA NA P=Permitted R=Restricted C=Conditional Use NA=Not Applicable N=Not Permitted 121]Multi family residential, at 25 units/gross acre, allowed outright. Pre-existing detached and attached single-family dwellings are permitted outright. Finding: The language in the zoning code allows attached single family residential. If this is not reflected in this table, all multi-family becomes a substantial review not intended. Additionally, there is no Bull Mtn. CP district and there is no longer CP district in the Triangle. 18.520.040 Development Standards A. Compliance required All development must comply with: 1. All of the applicable development standards contained in the underlying honing district, except where the applicant has obtained variances or adjustments in accordance with Sections 18.310 and 18.32018.370; Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.530 INDUSTRIAL ZONING DISTRICTS TABLE 18.530.1 - USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R1 R1 R1 Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC (INSTITUTIONAL) Basic Utilities C12 C12 P Colleges N N N Community Recreation C10 C1° C10 Cultural Institutions • N N N Day Care R3'9 R3'9 R3'9 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P DCA2009-00003 7/6/2009 Public I-Iearing Staff Report to Planning Commission PAGE 20 OF 27 • • Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R2 N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales R4•" N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P 9Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor open space setbacks. 19Limited to outdoor Recreation on (1.) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and(2.) land located outside the floodplain as shown on City flood maps,when the Recreation Use is temporary and does not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district. "These limited uses, shall only be allowed in IP zoned property east of SW 72"d Avenue. These uses, separately or in combination shall not exceed 60,000 square feet of gross leasable area in a single building, or commercial retail uses with a total of more than 60,000 square feet of retail sales area on a single lot or parcel, or on contiguous lots or parcels, including those separated only by transportation right-of-way. (Ord. 04-14) 12Except water and storm and sanitary sewers,which are allowed by right. Finding: This was an oversight when transferring uses from the original code to the existing version. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by creating consistency among Code Sections. Chapter 18.640 DURHAM QUARRY DESIGN STANDARDS 18.640.070 Signs A. In addition to the requirements of Section 18.780 of the Development Code, the following standards shall be met: DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 21 OF 27 • • 1. Zoning District regulations. Residential only developments within the MUC-1 shall meet the sign requirements for the R-40 zone Section 18.780.130.B; non residential development within the MUC- 1 shall meet the requirements of the C-P zone. Section 18.780.130.D. 2. Sign area limits. The maximum sign area limits found in Section 18.780.130 shall not be exceeded, no area limit increase will be permitted. 3.Height limits. The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not extend above the roof line of the wall on which the signs is located. No height increases will be permitted. 4. Sign location. Freestanding signs within the Durham Quarry shall not be permitted within the required L-1 landscape areas. Finding: This amendment is proposed because the Durham Quarry does not have sign standards listed in its section. Staff has been using the CP standards but there is no actual linkage in the code. These were the standards used for Washington Square from which the Quarry standards were chosen. This proposal is to add District-specific sign standards. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.705 ACCESS, EGRESS, AND CIRCULATION 18.705.030 General Provisions L Director's authority to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: 4.A decision by the Director per 18.705.030 K L1.-3. above may be appealed by means of a Type II procedure, as regulated by Section 18.390.040, using criteria contained in Section 18.370.020 C3. (Ord 06-20, Ord. 02-33) Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.710 ACCESSORY RESIDENTIAL UNITS 18.710.020 Standards B. Limitations.An accessory residential unit is permitted providing there is compliance with all of the following standards: 3. The number o residents ermitted to inhabit the accessory residential unit is regulated by the . E> •: :=• State Building Code; Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. Chapter 18.715 DENSITY COMPUTATIONS 18.715.020 Density Calculation A. Definition of net development area. Net development area, in acres, shall be determined b subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the properly to be developed 3.All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: b.Multifamily development:allocate 15% of gross acreage or deduct the actual private drive area. Finding: This proposed amendment makes clear that private drive in multi-family projects would be deducted as a private street in lieu of using 15%. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 22 OF 27 • • 18.715.030 Residential Density Transfer B. Underlying development standards.All density transfer development proposals shall comply with the development standards of the applicable underlying zoning district unless developed under the provisions of Section 13.110 18.350, Planned Development. (Ord. 06-20)■ Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 18.730.020 Exceptions to Building Height Limitations C. Building heights and flag lots. 2. The maximum height for an attached or detached single family, duplex, or multiple family residential structure on a flag lot or a lot having sole access from an access way,private drive or easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2-1/2 stories or 35 feet, whichever is less,provided. a. The proposed dwelling otherwise complies with the applicable dimensional and height requirements of the zoning district; Finding: This section describes 2 and 1/2 stories or 35 feet,but the limit in the code in R-1, R-2, R-3.5 and R-4.5 zones is 30 feet. This proposed amendment synchronizes this section with Table 510.2. Chapter 18.742 HOME OCCUPATIONS 18.742.040 General Approval Criteria and Standards A. General criteria.All home occupations except those that have proven nonconforming status shall observe the following criteria in addition to the standards established for Type I and Type II Uses described in Section 18.742.050 of this Section. 5. A home occupation shall not make necessary a change in the _ . E: • : • State Building Code use classification of a dwelling unit.Any accessory building that is used must meet - ••, E • : .:• State Building Code requirements; Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. Chapter 18.745 LANDSCAPING AND SCREENING 18.745.050.E. Screening:special provisions. 3. Screening of swimming pools. All swimming pools shall be enclosed as required by City of Tigard Building Codc State Building Code; Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.745.040 Street Trees G. Granting of adjustments. Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section 18.370.020.C.4.b. 18.370.020.C.6.b. Findings: Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 23 OF 27 • Chapter 18.760 NON-CONFORMING SITUATIONS 18.760.040 Criteria for Nonconforming Situations D. Nonconforming use of structures 2. If a single structure or a structure and premises containing a number of lawful uses (except for a single accessory structure)existed as of March 16, 1983, and those uses would not be allowed in the zoning district in which they are located, or which are nonconforming because of inadequate off-street parking, landscaping or other def cien y (under the terms of this Section or amendment thereto), the lawful uses may be continued so long as they remain otherwise lawful, subject to the following pro visions: e. When the use of the structure, including all uses, is discontinued or abandoned for three months, the structure and premises shall not thereafter be used except in full conformity with all regulations of the honing district in which it is located. Forp4rrposcs of this Section, a use ; ;•• • •; ; ;• ;-• ; • '•. •; ; ;;; ;; - •. • - •. • . • • -• . • the follesving-events: Finding: There are no events listed in the Code, reference to events is removed. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirements (Cont.) -.ZONE A. ZONE.B_ BICYCIE2`:, Motor Vehicle Related Motor Vehicle 1.0/1,000 but no 1.3/1,000 but no 2.0/1,000 but no 0.2/1,000 sales area Sales/Rental less than 4.0 less than 4.0 less than 4.0 Motor Vehicle 2.0/1,000 but no 2.3/1,000 but no 2.6/1,000 but no 0.2/1,000 Servicing/Repair less than 4.0 less than 4.0 less than 4.0 Vehicle Fuel Sales 3.0+2.0/service bay 4.0+2.0/service bay 4.0+2.5/service bay 0.2/1,000 Office 2.7/1,000 (M) 3.4/1,000 (M) 4.1/1,000(T 0.5/1,000 Medical / Dental 3.9 1,000 ( 4.9/1,000 (M) 5.9/1,000 (M) 0.4/1,000 Office Self-Service 1.0/4 storage units 1.0/4 storage units 1.0/2 storage units 1.0/40 storage units Storage Non-Accessory none none none none Parking Finding:The Medical/Dental office use was omitted in the original code. This clarifies use standards. 18.765.030 General Provisions G. Disabled-accessible parking. All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code State Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.765.040 General Design Standards D. On-site vehicle stacking for drive-in use. 2. The Director may reduce the length of the inbound stacking lane by means of a adjustment to be reviewed through a Type I procedure, as governed by Section 4-84204849 18.390.030,using approval criteria contained in Section 13.370.020.C.5.g. 18.370.020.C.7.g. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 24 OF 27 • Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.765.070 Minimum and Maximum Off-Street Parking Requirements F. Reductions in minimum required vehicle parking. Reductions in the required number of vehicle parking spaces may be permitted as follows: 1. The Director may reduce off-street vehicle parking spaces per Section 18.765.070.H by up to 20% in new developments for the incorporation of transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented developments and other transit- related development through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.b 18.370.020.C.7.b.Applicants who qualify for this adjustment may also apply for further parking reductions per 18.765.070.F.2.below; 2. The Director may reduce the total required off-street vehicle parking spaces per Section 18.765.070.H by up to a total of 20% by means of parking adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.7.a. 3. The Director is authorized to reduce up to 10% of existing required parking spaces at a conversion ratio of one parking space for each 100 square feet of transit facility for developments which incorporate transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or other transit-related facilities through a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.370.020.C.5.c. 18.370.020.C.7.c. Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan_ and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.775 SENSITIVE LANDS 18.775.020 Applicability of Uses:Permitted,Prohibited, and Nonconforming E.Administrative sensitive lands review. 1.Administrative sensitive lands permits in the 100year floodplain, drainage way, slopes that are 25% or greater, and unstable ground shall be obtained from the appropriate community development division for the following: a. The City Engineer shall review the installation of public support facilities - •. - ••• . . ....- . - ••• . .- • .. _ .•-•• - , , : , , - •• - ,•..• - •: . by means of a Type I procedure, as governed• by Section 18.390.030 subject to compliance with all of the standards in this Section; Finding: This amendment is proposed to make the Code consistent with proposed amendments for Section 18.120.030, Meaning of specific words and terms A.117 "public support facilities". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.780 SIGNS 18.780.015 Definitions • A. Definitions. As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions, and are as follows: 8. `Billboard"means a freestanding sign in excess of the maximum site allowed, with adjustments, in the locations where it is located or proposed to be located. Billboards are prohibited by Tigard Code Section 18.780.070.M: Certain Signs Prohibited. Finding: The existing text describes Freeway-oriented sign and implies billboards which are prohibited. The Oregon Motorist Information Act provides for billboards while the City's code prohibits by 18.780.070.m. To make the code more clear, this amendment is proposed to note that billboards are prohibited by 18.780.070.m. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.020 Permits Required C. Compliance with IJRC State Building Code. Separate structural permits under the Uniform Building Code State DCA2009-00003 7/6/2009 Public I-Iearing Staff Report to Planning Commission PAGE 25 OF 27 • • Building Code shall also apply. Findin s: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.780.070 Certain Signs Prohibited B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the Buildinge-State Building Code or this title. Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. . 18.780.140 Sign Code Adjustments A. Adjustments. The Director may grant an adjustment to the requirements of this.Section by means of a Type I or Type II procedure, as governed by Section 18.390, using approval criteria in Section . . 18.370.020 C.8. Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.130 Zoning District Regulations E. In the C-N and C-C zones. No sign shall be permitted in the C-N and CMG C-C zones except for the following: Finding: Scrivener's error; incorrect Zoning District reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. • 18.780.015 Definitions A. Definitions.As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions, and are as follows: 7. `Bench s i g n" ; ;. . . :.. •.; . -; ;.;; . .. . . ; . • - . ; ...; ...... .. means a bench designed to seat people with a sign painted or affixed on the surface. Finding: This amendment effectively removes any reference to content of the sign. Content is not permitted to be regulated by federal law. This amendment addresses the City Attorney's concern provided by Gary Firestone. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with contemporary land use law. Chapter 18.798 WIRELESS COMMUNICATION FACILITIES 18.798.060.B. Review criteria.Any use subject to review er Section A above, shall be evaluated using the following standards: 3. Setbacks: Towers shall be set back from the property l per by a distance equal to the height of the tower. A Type II adjustment may be obtained to reduce this setback, subject to criteria of approval contained in Section 18.370.020.CA:U Finding: Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-00003 7/6/2009 Public I-Icaring Staff Report to Planning Commission PAGE 26 OF 27 ' • • SECTION VI. OTHER ALTERNATIVES These amendments are not subjective, do not affect standards or lend themselves to interpretation or alternatives. The only two options are to adopt the propose language or leave the code to remain. No Action — The code would remain unchanged, and code sections would refer to incorrect sections and documents, tables would be incomplete and inaccurate language would remain. Adoption Action—Update the code to reflect accurate citations,references and complete tables. SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS The City of Tigard Police Department, Building Division, Long Range Planning Division and the Current Planning Code Enforcement Officer were given copies of the proposed code amendment. Only Current Planning responded and the comments have been considered. Staff commented on non-substantive items to maintain code consistency and syntax. Public Works Assistant Director commented that possibly the "Public Support Facility" definition should include pump stations. It's not necessary because this item is covered in the Class for Basic Utilities. The City of Tigard Engineering Department, Tualatin Valley Fire and Rescue, Clean Water Services (CWS), Tualatin Hills park and Recreation District, and the Tualatin Valley Water District, were notified of the proposed amendment and had no comment. Adjacent municipalities including the City of: Beaverton, Tualatin, Portland, Lake Oswego, King City, Durham and Washington County were notified of the proposed amendment and had no comment. Metro and Tri-Met were notified of the proposed amendment and had no comment. State Agencies including: the Oregon Department of Transportation was notified of the proposed amendment and had no comment. The Oregon Department of Land Conservation and Development (DLCD) was notified of the proposed amendment. Amanda Punton of DLCD commented about two proposed amendments to Section 18.775 Sensitive Lands. The comment was centered around natural resource issues and Statewide Land Use Goal 5. The code revisions include the addition of "construction of streets and utilities within existing right-of-way or expanded rights of way to City standards", as allowed activity in locally significant wetlands and riparian areas. According to Amanda, there would need to be Goal 5 findings to support this change as the expectation for allowed activities in wetlands and riparian areas differ under Goal 5. This amendment was deemed to be substantive and not appropriate to the Omnibus Package and was removed for further consideration. DLCD had no other comments. r / /441, May 26, 2009 PREPARED IrT; Markus d DA l E Long Range Planning Intern f'. .6(.06t, May 29, 2009 APPROVED BY Dick Bewersdorf DATE Planning Manager DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 27 OF 27 • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes June 1,2009 1. CALL TO ORDER President Inman called the meeting to order at 7:00 PM. The meeting was held in the Tigard Civic Center,Town Hall,at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Vice President Walsh; Commissioners Anderson, Doherty, Fishel, Hasman, and Muldoon Commissioners Absent: Commissioner Caffall,Vermilyea, and alternate Commissioner Gaschke Staff Present: Dick Bewersdorff,Planning Manager; Hap Watkins, Assistant Planner; Darren Wyss, Senior Planner;Doreen Laughlin,Planning Commission Secretary 3. COMMUNICATIONS—None. 4. CONSIDER MEETING MINUTES 5-18-09 Meeting Minutes: President Inman asked if there were any corrections, deletions, or additions to the minutes. There was one amendment by Commissioner Doherty. The amendment was that Ron Bunch, Community Development Director,was marked as present but was not present. All agreed to the amendment and President Inman declared the minutes approved as amended. 5. WORK SHOPS 5.1 Buildable Lands Presentation/Discussion STAFF REPORT Senior Planner, Darren Wyss, presented the staff report on behalf of the City. He went through a PowerPoint presentation which was a buildable lands report and land use trends analysis (Exhibit A). He noted that staff has more data to analyze and will publish a final report when finished. He then opened up the discussion to questions or suggestions for potential additional data to include in the final report that would be useful to Council. QUESTIONS & COMMENTS BY COMMISSIONERS Commissioner Doherty: What are the reasons for `loss of land'? Wyss: "Primarily due to development within the city." PLANNING COMMISSION MP,ETING MINUTES—June 1,2009—Page I of 2 1110 President Inman: We have lots of`buildable land' that's already subdivided. The development has occurred;it's just a vacant lot at the moment. As far as the Planning Commission is concerned, we're more interested in what the new development might be. Wyss: "I can pull the numbers out of vacant parcels 10,000 sq ft or less. I can pull those numbers out, subtract the acreage, and report back to you on that." 5.2 DCA2009-00003 Omnibus Code Amendment—Housekeeping Items STAFF REPORT Dick Bewersdorff, Planning Manager,introduced Assistant Planner, Hap Watkins. He said Watkins would give a brief overview. Watkins gave the report on behalf of the City. He went over a memo by former intern, Markus Mead. The memo included the amendment language (which had been included in the commissioner's packets). He said, over the years, staff has collected any number of scrivener's errors and erroneous references — 150 or so. At this point, staff went over each section and gave the general reason for the changes. QUESTIONS & COMMENTS BY COMMISSIONERS This is regarding Section 18.730, "Exceptions to Development Standards" - regarding the building height limitations. It's a change for 21/2 stories from 35 to 30 feet. Can you really do a 2 1/2 story house in 30 feet tall? Does the "2 1/2 stories" [verbiage] need to be there, or can you just eliminate the stories because unless you bury... Bewersdorff and Watkins explained how 2 '/2 stories is actually possible in 30 feet, but said it probably isn't required language anymore. They could eliminate it. At this point, they went over some of the definitions. 6. OTHER BUSINESS— It was noted the joint City Council/Planning Commission Meeting on June 16th,would be in lieu of the June 15th PC meeting. 7. ADJOURNMENT President Inman adjourned the meeting at 7:45 p.m. Doreen Laughlin,Planning Co 'ssion Secretary ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—June 1,2009—Page 2 of 2 • i(thl nd pvL . ,., drys TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R1 R' Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC (INSTITUTIONAL) Basic Utilities 0 C/2 P Colleges N N N Community Recreation co co co Cultural Institutions N N N Day Care R3 9 R3 9 R3 9 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R2 N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales R4'" N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P Industrial Zoning Districts 18.530-3 SE Update: 02/06 • • 9Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. 1°Limited to outdoor Recreation on (1.) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and (2.) land located outside the floodplain as shown on City flood maps, when the Recreation Use is temporary and does not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district. "These limited uses, shall only be allowed in IP zoned property east of SW 72nd Avenue. These uses, separately or in combination shall not exceed 60,000 square feet of gross leasable area in a single building, or commercial retail uses with a total of more than 60,000 square feet of retail sales area on a single lot or parcel, or on contiguous lots or parcels, including those separated only by transportation right-of-way. (Ord. 04-14) 12Except water and storm and sanitary sewers, which are allowed by right. 18.530.040 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in industrial zoning districts are contained in Table 18.530.2 below: TABLE 18.530.2 DEVELOPMENT STANDARDS IN INDUSTRIAL ZONES STANDARD I-P I-L I-H Minimum Lot Size None None None Minimum Lot Width 50 ft. 50 ft. 50 ft. Minimum Setbacks -Front yard 35 ft. 30 ft. 30 ft. -Side facing street on corner& through lots [1] 20 ft. 20 ft. 20 ft. - Side yard 0/50 ft. [3] 0/50 ft. [3] 0/50 ft. [3] -Rear yard 0/50 ft. [3][4] 0/50 ft. [3] 0/50 ft. [3] -Distance between front of garage &property line abutting a public or private street -- -- -- Maximum Height 45 ft. 45 ft. 45 ft. Maximum Site Coverage [2] 75% [5] 85 % 85 % Industrial Zoning Districts 18.530-5 SE Update: 02/06 , TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES . USE CATEGORY C-N111 C-C151 C-G C-P CBD MUE1201 MUC-1 MUC'28' MUE MUR 1 and 21281 l and 21281 RESIDENTIAL Household Living N RI61 RI111 RI131 RI"I R1211 p[261 p P P Group Living N N C N P N C R1291/C R1291/C RI291/C Transitional Housing N N C N C N C C C C Home Occupation R121 R121 R121 R1�1 R121 R121 P R121 R121 RI21 HOUSING TYPES • Single Units,Attached N/A N/A N/A N/A N/A N/A N/A R1301 R1301 P Singel Units,detached N/A N/A N/A N/A N/A N/A N/A R1301 R1301 R1301 Accessory Units N/A N/A N/A N/A N/A N/A N/A R1311 81311 81311 Duplexes N/A N/A N/A N/A N/A N/A N/A R1301 R1301 P Multi-family Units N/A N/A N/A N/A N/A N/A N/A P P P Manufactured Units N/A N/A N/A N/A N/A N/A N/A N N N Mobile Home Parks, Subdivisions N/A N/A N/A N/A N/A N/A N/A N N N CIVIC(INSTITUTIONAL) Basic Utilities C� N-00 1 N-Cm' C i1 Cm..21 Call C21 C1321 C1321 C132] Colleges N N N N N C C C C C Community Recreation N P N N P C N P C C Cultural Institutions P P P P P P P P P N Day Care P P P P P P P P P P/C133] Emergency Services P P P P P P P P P N • Medical Centers C N C C C C C C C C Postal Service P P P P P P P P P N Public Support Facilities P P P P P P P P P P Religious Institutions C C P C P P C P P C Schools N N N N N C C C C C Social/Fraternal Clubs/Lodges C C P P P P P P P C COMMERCIAL Commercial Lodging N N P RI141 P P P P P N Eating and Drinking Establishments C P P R[151 P P P P P R134/35] Commercial Zoning Districts 18.520-5 Code Update: 10/02 rv �► [31] Permitted for pre-existing housing units,subject to requirements Chapter 18.710. [32] Except water,storm and sanitary sewers,which are allowed by right. [33] In-home day care which meets all state requirements permitted by right;freestanding day care centers which meet all state requirements permitted conditionally. ' [34] This use is allowed only in mixed-use developments in the Washington Square Regional Center. Commercial uses shall occupy no more than 50%of the total floor area within the mixed-use development,and shall be permitted only when minimum residential densities are met.An exception to the requirement that commercial uses may be permitted only if residential minimum densities are met is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan(3/28/2002). The exempted properties are identified as assessor map number: IS 135AA-00400, I S 135AA-01400,I S 135AA- 01900, ISIAA-01901, 1S135DA-02000, 1S135AA-02500, ISI35AA-02600, IS135AA-02700, ISI35DA-01900,and ISIDA-02000. These parcels,or parcels created from these parcels,after the effective date of this ordinance,may be developed as a solely commercial use with a use permitted in the MUR-1 or MUR-2 zones. [35] The maximum building footprint size permitted for any building occupied entirely by a commercial use or uses shall be 7,500 square feet. An exception to the limit on the size of a building occupied by commercial uses is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan(3/28/2002). The exempted properties are identified as assessor map number: I S I35AA- 00400, 1 S 135AA-01400, IS135AA-01900, IS IAA-01901, IS135DA-02000, 18135AA-02500, ISI35AA-02600, 1S135AA-02700, IS135DA-01900,and 1SIDA-02000. On these parcels,or parcels created from these parcels,after the effective date of this ordinance,a commercial development is not limited to a specific square footage,however,all other dimensional standards of the MUR-1 and MUR-2 zoning district apply which may limit the ultimate size of commercial development. • (Ord. 02-32) • • Commercial Zoning Districts 18.520-8 Code Update: 10/02 , ' y • • - S MEMORANDUM M T I GARD TO: Planning Commission FROM: Markus Mead, Long Range Planning Intern RE: Tigard Development Code Amendments "Omnibus" Workshop DATE: May 19, 2009 Project History Over the past several years, staff has collected Development Code items which are inconsistent and/or need clarification. There are approximately 150 total items. Staff has compiled these and grouped them by complexity. Those that are less complex (such as scrivener's errors and inconsistent references) have been placed into the Omnibus Package and are the subject of this proposal. The remainders have been grouped by Development Code Chapter and will be brought to the Planning Commission on a by-Chapter basis. As the City has recently completed the significant task of updating the Comprehensive Plan policies, one of the next tasks is to align these policies with the implementing ordinances to make the Code more clear and objective. Proposal Description The "Omnibus package" is the first step to addressing the Development Code amendment list items. The Omnibus Package items are proposed to make the code consistent, more clear and objective and to promoting the general health, safety and welfare of the public, to set forth the standards and procedures governing the development and use of land in Tigard and to implement the Tigard Comprehensive Plan. At the Commission's June 1, 2009 meeting, Staff will present the proposed amendments for discussion and clarification before bringing the "Omnibus Package" back for public hearing. As always, staff is available to answer any questions that might arise before the workshop and we encourage Commissioners to contact us by either phone or email. Staff will send out a timely response to any requests/questions so that the Commission has the information available during the meeting discussion. This will help to facilitate a productive discussion and eliminate staff consuming the Commission's limited,but valuable time. Please forward questions on the proposed amendment to Dick Bewersdorff at 503-718-2432 or Dick(a,tigard-or.gov Attachments: Attachment 1: Proposed Amendments . r NOTICE TO MORTGAGEE,•NHOLDER,VENDOR ORS ER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE 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, JULY 6, 2009, AT 7:00 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) 2009-00003 FILETITLE: TIGARD OMNIBUS "HOUSEKEEPING" ITEMS APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: The City is requesting approval of forty seven Development Code Amendments to promote consistency among the Code Sections. These "housekeeping" items are from Code Chapters 18.120 Definitions; 18.780 Signs; 18.330 Conditional Use; 18.350 Planned Developments; 18.385 Miscellaneous Permits; 18.390 Decision-Making Procedures; 18.430 Subdivisions; 18.520 :53 Commercial Zoning Districts;,18.705 Access, Egress, And Circulation; 18.715 Density Computations; . 30—"Exceptions To Development Standards; 18.765 Off-Street Parking And T ��s fV:a Loading Requirements; 18.775 Sensitive Lands; 18.220 Zoning Administration; 18.510 Residential Zoning Districts; 18.640 Durham Quarry Design Standards; 18.710 Accessory Residential Units; 2. r>51-A Cis 18.742 Home Occupations; 18.745 Landscaping And Screening; 18.798 Wireless Communication Facilities; 18.760 NonConforming Situations; 18.410 Lot Line Adjustments; 18.360 Site Development Review. LOCATION: Citywide (City of Tigard). ZONE: The proposal is a Development Code Text amendment it is not applicable to a specific property or group of properties. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.130, 18.380, 18.390. Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2: Land Use Planning. Metro Functional Plan: Metro Code Section 3.07, Urban Growth Management Functional Plan. 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 WIT.T,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 (IUD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRIT TIEN T7 IMONY IS INVITED. ANYONE RING TO PRESENT WRIT IEN TESTIMONY ON THIS PROPOSE ACTON MAY DO SO IN WRITI u 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'FIEN 'TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTON ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S 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 INSPECU'ION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 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 PLANNING MANAGER DICK BEWERSDORFF AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO dic1c tigard-or.gov. • } EcUEST FBR% COMMENTS _ TIGARD REQUEST FOR COMMENTS DATE: May 15, 2009 TO: Steve Martin,Parks Supervisor FROM: City of Tigard Planning Division STAFF CONTACT: Dick Bewersdorff,Planning Manager (503) 718-2432 or dick(&tigard-or.gov Fax: (503)718-2748 DEVELOPMENT CODE AMENDMENT (CPA) 2009-00003 LEGISLATIVE UPDATE: Tigard Omnibus "Housekeeping" Items REQUEST: The City is requesting approval of forty seven Development Code Amendments to promote consistency among the Code Sections. These `housekeeping" items are from Code Chapters 18.120 Definitions; 18.780 Signs; 18.330 Conditional Use; 18.350 Planned Developments; 18.385 Miscellaneous Permits; 18.390 Decision-Making Procedures; 18.430 Subdivisions; 18.520 Commercial Zoning Districts; 18.705 Access, Egress, And Circulation; 18.715 Density Computations; 18.730 Exceptions To Development Standards; 18.765 Off-Street Parking And Loading Requirements; 18.775 Sensitive Lands; 18.220 Zoning Administration; 18.510 Residential Zoning Districts; 18.640 Durham Quarry Design Standards; 18.710 Accessory Residential Units; 18.742 Home Occupations; 18.745 Landscaping And Screening; 18.798 Wireless Communication Facilities; 18.760 NonConforming Situations; 18.410 Lot Line Adjustments; 18.360 Site Development Review. LOCATION: Citywide. ZONE: The proposals are not applicable to a specific zone, property or group of properties. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130, 18.380, 18.390. Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2: Land Use Planning. Metro Functional Plan: Metro Code Sections 3.07, Urban Growth Management Functional Plan. Statewide Planning Goals 1 and 2. Applicant's Materials are available online at http://www.tigard-or.gov/city hall/departments/cd/code amendment.asp 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: Wednesday,June 3, 2009. 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 as 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:, i/6'/ rflJ C - -C9-S IIIII t • • U 1 TIGARD REQUEST FOR COMMENTS DA 1'E: May 15,2009 TO: Christine Darnell, Code Enforcement Officer FROM: City of Tigard Planning Division STAFF CONTACT: Dick Bewersdorff,Planning Manager (503) 718-2432 or dickOtigard-or.gov ` ., , Fax: (503)718-2748 . , ,. ', . DEVELOPMENT CODE AMENDMENT (CPA) 2009-00003 . , LEGISLATIVE UPDATE: Tigard Omnibus "Housekeeping" Items REQUEST: The City is requesting approval of forty seven Development Code Amendments to promote consistency among the Code Sections. These "housekeeping" items are from Code Chapters 18.120 Definitions; 18.780 Signs; 18.330 Conditional Use; 18.350 Planned Developments; 18.385 Miscellaneous Permits; 18.390 Decision-Making Procedures; 18.430 Subdivisions; 18.520 Commercial Zoning Districts; 18.705 Access, Egress, And Circulation; 18.715 Density Computations; 18.730 Exceptions To Development Standards; 18.765 Off-Street Parking And Loading Requirements; 18.775 Sensitive Lands; 18.220 Zoning Administration; 18.510 Residential Zoning Districts; 18.640 Durham Quarry Design Standards; 18.710 Accessory Residential Units; 18.742 Home Occupations; 18.745 Landscaping And Screening; 18.798 Wireless Communication Facilities; 18.760 NonConforming Situations; 18.410 Lot Line Adjustments; 18.360 Site Development Review. LOCATION: Citywide. ZONE: The proposals are not applicable to a specific zone, property or group of properties. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130, 18.380, 18.390. Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2: Land Use Planning. Metro Functional Plan: Metro Code Sections 3.07, Urban Growth Management Functional Plan. Statewide Planning Goals 1 and 2. Applicant's Materials are available online at http://www.tigard-or.gov/city hall/departments/cd/code amendment.asp 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: Wednesday, June 3, 2009. 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 as 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: Geri. 4 5 ®m PFtst5 (u Z # i--P S w A fS . mve-`�ort . O I 1/21(Q-e, dt-it4A-11,..05 girl Name&Number of Person Commenting: • • • ; . bzuAT TIGARD REQUEST FOR COMMENTS DATE: May 15, 2009 TO: Cheryl Caines/Hap Watkins/Gary Pagenstecher FROM: City of Tigard Planning Division -- STAFF CONTACT: Dick Bewersdorff,Planning Manager (503) 718-2432 or dick @ tgard-or.gov Fax: (503)718-2748 DEVELOPMENT CODE AMENDMENT (CPA) 2009-00003 LEGISLATIVE UPDATE: Tigard Omnibus "Housekeeping" Items REQUEST: The City is requesting approval of forty seven Development Code Amendments to promote consistency among the Code Sections. These `housekeeping" items are from Code Chapters 18.120 Definitions; 18.780 Signs; 18.330 Conditional Use; 18.350 Planned Developments; 18.385 Miscellaneous Permits; 18.390 Decision-Making Procedures; 18.430 Subdivisions; 18.520 Commercial Zoning Districts; 18.705 Access, Egress, And Circulation; 18.715 Density Computations; 18.730 Exceptions To Development Standards; 18.765 Off-Street Parking And Loading Requirements; 18.775 Sensitive Lands; 18.220 Zoning Administration; 18.510 Residential Zoning Districts; 18.640 Durham Quarry Design Standards; 18.710 Accessory Residential Units; 18.742 Home Occupations; 18.745 Landscaping And Screening; 18.798 Wireless Communication Facilities; 18.760 NonConforming Situations; 18.410 Lot Line Adjustments; 18.360 Site Development Review. LOCATION: Citywide. ZONE: The proposals are not applicable to a specific zone, property or group of properties. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130, 18.380, 18.390. Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2: Land Use Planning. Metro Functional Plan: Metro Code Sections 3.07, Urban Growth Management Functional Plan. Statewide Planning Goals 1 and 2. Applicant's Materials are available online at http://www.tigard-or.gov/city hall/departments/cd/code amendment.asp for your review. From information supplied by various depathuents 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: Wednesday,June 3, 2009. 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 as 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. • • City of Tigard Notice of Proposed Amendment Attachment 1: Amendment Language: DCA2009-0003 Omnibus Code Amendment — Housekeeping Items (Bold and underline text indicates proposed new language and:,trikc through indicates language proposed to be deleted.) SECTION 18.120 DEFINITIONS 18.780.015 Definitions A. Definitions.As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions, and are as follows: 7. `Bench sign"....; . ; ;. ... ;• ; ;• • • . . ; . . , ... .7.:•;means a bench designed to seat people with a sign painted or affixed on the surface. 18.120.030 Meaning of Specific Words and Terms • A. For additional words and terms, also see Use Classification(Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755);Sensitive Lands (Section 18.775);Signs (Section 18.780);Tree Removal(Section 18.790);and Wireless Communication Facilities(Section 18.798).As used in this title, the following words and phrases mean: 4. `Accessory building or structure"-Afreestanding structure whose use is incidental and subordinate to the main use of property L aied-is located on the same lot as the main use and is freestanding or is joined to the primary structure solely by non-habitable space as defined by the State Building Code. 6. `Addition"-A modification to an existing building or structure which increases its height or increases, the site coverage.A structure is considered an addition only when it shares a common wall with and is structurally dependent on the primary structure. (See also "Accessory building or structure" and "common wall") • 43. "Common Wall" —A wall or joined walls that share a boundary to provide separation of interior spaces. For vertical additions, a floor/ceiling assembly is the a shared boundary separating spaces. 54. `Density"-The intensity of residential land uses, usually stated as the number of housing units per acre and defined in Section 18.720. 18.715. • 117. "Public support facilities"—services which are necessary to support uses allowed outright in the underlying zone and involve only minor structures such as underground utilities and construction ofroadway improvements including sidewalks, curbs. streetlights, and driveway aprons,power lines and poles.phone booths,fire hydrants, as well as bus stops, benches and mailboxes which are necessary to support principal development. I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 1 • • Section 18.780 SIGNS • 18.780.015 Definitions A. Definitions.As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions, and are as follows: 8. `Billboard"means a freestanding sign in excess of the maximum site allowed, with adjustments, in the locations where it is located or proposed to be located Billboards are prohibited by Tigard Code Section 18.780.070.M: Certain Signs Prohibited. • 18.780.020 Permits Required C. Compliance with-€71136 State Building Code. Separate structural permits under the Uniforms Building Codc State Building Code shall also apply. • 18.780.070 Certain Signs Prohibited B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the Uniform Building Codc State Building Code or this title. 18.780.140 Sign Code Adjustments A.Adjustments. The Director may grant an adjustment to the requirements of this Section by means of a Type I or Type II procedure, as governed by Section 18.390, using approval criteria in.Section 18.370.020 616. 18.370.020 C.8. 18.780.130 Zoning District Regulations E. In the C-N and C-C zones. No sign shall be permitted in the C-N and CMG C-C zones except for the following: • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 2 • • • Section 18.330 CONDTI'IONAL USE 18.330.020 Approval Process - E. Approval period. Conditional use approval by the Hearings Officer shall be effective for a period of 1-1/2 years from the date of approval. The conditional use approval by the Hearings Officer shall lapse if: 1. Substantial construction of the approved plan has not begun within a one and one half year . period;or 2. Construction on the site is a departure from the approved plan. 18.330.020.C Minor modification of approved or existing conditional use. 2.An applicant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 13.390.010 18.390.030, using approval criteria in SubSection C3 below. • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_OS_06_2009 Attachment 1 Amendment Language.docx 3 • • . TABT.F, 18.390.1 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE Type Permititand Cross-Reference(s) 11(13.390.040) Access/Egress Adjustment 18.370.020 C3b I I tat:cc:Ica rain oy tc 7yy.,a:coscmaxi-taattr.q.:pacc3u/a. TABLE 18.390.1 -SUMMARY OF PERMITS BY TYPE.OF DECISION-NlAiCING PRO ',"DURE, • 2-ipt • Peru:R1,mA Craor-Refer.oce(1) I C.:5._193.03 3) AO:g5:ar; IS.71 0 DcrualainsautAdjuzarnas::: 1.5.173 ..2D 32 Homo 0:ca.?:50c-T:,-pa I 13 7.2 L &c. pi Ad-yam:acid:. - E:ticu.sScrovi T:oal '3.373.023 C4,1:13.7-45 - St-aot Tra:: 1:1.173.023 C4b; 15.747 Le:Li=c Adjurausiut 13_410.3-13 Dirzci:s.A d =coi 18.173.02C C2;'.!;.43C.18.717 11/4:C=cc=formiLE Us.C50:1rmarion. 1$..135.031A; 5.764) • Pz:isias,Adjust:Gam - F.Gductfan c. '(i -un Par1ix 13_370.023 C75;18..755 Ziovalcinur:47tzosii • Roductian Szeck'hag.LAZO 7.■ uxth IS.:373.023 OF - 18,780 - Exivjaz 15.730 sic;Davalc9moutliao .1.odificmicas 18..150.r..90 • • •L'sos 18_755 - Saasoaar:paci- IS.755 • Tampa:En;B.:::1502 15,785 - Tamparm7.,. i es OE:alio:no 15.757 :c:P....a•nun,c. - 1.8..570.323 C7;13..7P3 • Racio-..,•Para.0- 15,1'90 • liVirolos,Comm-Lulu:lion: 18,373.340 C8b;:3795 &cm Odacclawsc-; Conditional Use/Minor Modification 18.330.030 • Drcision-Aidthr.5 Pr reth.....r; 1S.3994 gE E:zdate:1,9AU • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 AmendmentLanguage.docx 4 • • - Section 18.350 PLANNED DEVELOPMENTS • 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: 4. In addition, the following criteria shall be met: m. Shared open space facilities:These requirements are applicable to residential planned developments only. 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 73%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 b 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. • • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 5 • Section 18.385 MISCELLANEOUS PERMITS Seetion48,345. MISCELLANEOUS PERMITS Sc •: .' ! - - e . - - --• -i e - r - -- . .! ! . : - - - - -- _ . .! - • r . . i . � - - • - - r -- • - .' ' - •- . •- ! r - . r - - .• A. Criteria for historic ovcrlay district designation. • - .. . ! - -- -- : • • - . -- p• . • - ---.--. -- • finds that any of the following criteria havc bccn mctr - - - a ! I I - - the community, statc or nation; c. The Site or arca is identified with historic personages, or with important events in national, statc or local history; architectural specimen inherently valuablc for a study of a period,Style or mcthod of construction;or _ - -a. _ __ - ;a- "! ! • rnett to the public; or burden to maintain the property as an historic or cultural-tea - - - - - - - •e e•! -- Director using the following criteria: the purpesc of the historic overl: • :: . - = -- •- - -: '!.! prc3crvation or renovation; I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 6 • • • D. Critcria for construction of new structures.Approval for exterior alterations of structures in an historic overlay district shall bc granted by means of a Type II procedure, as governed by Section 18.390.010, by the Director using the following criteria: 1. The purpose of the historic overlay district as set forth in Section 18.710.010; 2. The economic effect of the new structure on the historic value of the district; E. Criteria for demolition:Approval for demolition of structures in an historic overlay district shall be • granted by means of a Type II procedure, as governed by Section 18-390.040, by the Director using the following criteria: 1. The purpose of this Section as set forth in Section 18.710.010; • 2. The criteria used in the original designation of thc district in which the property under consideration is situated; • 3. The historical and architectural style, the general design, arrangement,materials of the structure in question, or its appurtenant fixtures; the relationship of such features to similar features of the public rights of way, and to other buildings and structures in the area; district which cause it to possess a Special character or special historical or aesthetic interest or value; and 5. Whether denial of the permit will subject the City to potential liability,involve substantial hardship to the applicant, and whether issuance of the permit would act to the substantial the public welfare and would be contrary to the intent and purposes of this title. A. Type I home occupation permit.A Type I home occupation permit will bc processed by means of a Type I procedure, as governed by Section 18.390.030, after a demonstration that the proposal complies with all development criteria in Sections 18.712.040A and 18.712.050 Al. B. Type II home occupation permit.A Type II home occupation permit will be processed by means of a the following approval criteria: 1. Is in conformance with the standards contained in this Section; and 2. Will be subordinate to thc residential use of the property; and 3. I3 undertaken in a manner that is not detrimental nor disruptive in terms of appearance or C. Conditions of approval.The Director may impose conditions upon the approval of a Type II home occupation permit to ensure compliance with the requirements of this Section. These conditions may include, but arc not limited to, the following: 41- urther-limiting-the-hours;days,-place.and-manner-of-operation, 3. Requiring additional building setbacks, and increased lot area, depth or width; restricting the location of the use on the site in relationship to adjoining uses; 5. Designating the size,number,location and design of vehicle access points; 6. Requiring street right of way to be free at all times of vehicles associated with the home 7. Requiring landscaping,buffering and/or screening,of the home occupation from adjoining uses and establishing standards for the continued maintenance of these improvements; I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 7 • • • accommodate the home occupation; 11. Rcquiring and designating the size, height and location o construction; 4-4--Any other limitations which the Director considcra-to be rieeessary • :- - • : - : - - D. Grounds for revocation. The Director may: complicd with and the homc occupation is otherwise being conducted in a manner contrary to this Section. 2. The Director shall approve the use as it exists, rc - - - ----- - • =,-:- _- a - a--_ measures to be taken to ensure compatibility with the ncighb e -a a a •-; : : - - - as: a. Generation of excessive traffic; b. Exclusive use of on street parking spaces; • reasonable discretion, that the home occupation in question will affect public health and safety, the occupation on the subject parcel will be considered. her residence. - A. Permit requirement. Using a Type I procedure, as governed by Section 18.390.030, the following 1. Proof that the use was permitted by this title at the time it was established, by any of the fellowier a. Copies of building and/or land use permits issued at the time the usc was established; . . . . -- • community was adopted. following evidence for every other year from the time the use was established until the current year. Standard evidence that the usc has been maintained over time includes: a. Utility bills; b. Income tax records; c. Business licenses; a. ..- - . - :-:- -, -_ .- --- . - - p. G-. . - , c. Advertisements in dated publications,c.g., trade magazines, and/or; f. Building, land use or development permits. I:\CURPLN\Setu,p\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_final_OS_06_2009 Attachment 1 Amendment Language.docx 8 • 18.775,must obtain a permit in certain situations. Depending on the naturc and intensity of the • proposed activity within a sensitive area, either a Type II or Type III permit is required, as delineated in Section 18.775.015 D and E. The approval criteria for various kinds of sensitive areas, c.g., floodplain, are presented in SubSections B E below. B. Within the 100 year floodplain. The Hearings Officer shall approve, approve with conditions or deny an application request within the 100 year floodplain based upon findings that all of the following criteria have been satisfied: 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero foot rise floodway shall not result in any encroachments,including fill, new construction, substantial improvements and other development unless certified by a registered profcasional engineer that the encroachment will not rcault in any increase in flood levels during 2. Land form alterations or developments within the 100 year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that support facilities as defined in Section 18.120 of the Community Development Codc shall be allowed in areas designated residential subject to applicable zoning standards; 3. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100 year flood; 1. The land form alteration or development plan includes a pedestrian/bicycle pathway in pathway is deemed by the Hearings Officer as untimely; 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation . of an average annual flood; 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board,Division of State Lands approvals shall be obtained; and • 7. Where land form alterations and/or development are allowed within and adjacent to the 100 year the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. C. With excessive slopes.The appropriate approval authority shall approve, approve with conditions or deny an application request for a sensitive lands permit on slopes of 25% or greater or unstable 1. The extent and nature of the proposed land form alteration or development will not crcatc site disturbances to an extent greater than that required for the use; 2. The proposed land form alteration or development will not result in erosion,stream sedimentation,ground instability,or other adverse on site and off site effects or hazards to life or property; 37—The-structures are appr:: •. - . -: .:: ;-- - -. : - . - . . - - .-.,-. • -: : : conditions:wet/high water table;high shrink swell capability;compressible/organic; and shallow 1. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in • accordance with Section 18.745,Landscaping and Screening. 1. The extent and nature of the proposed land form alteration or development will not crcatc site disturbances to the extent greater than that required for the use; I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 9 • property; 3. The water flow capacity of the drainage • not covered by structures or impervious surfaces w i l l be rr: : : : _ • - - _ _- - 5. The drainagcway will bc replaced by a-public facility of adcquitc sizc to accommodate maximum - .' . . - Lands approvals shall bc obtained; and floodplain, the City Shall rcquirc the dedication of st fficicnt epees land area E. Within wetlands. The Director shall approve, approve with conditions or deny an application request been satisfied: Significant wetland on the Comprehensive Plan F - . - : • --.-: '':a -a - - •• -- of such a wetland; disturbancc3 to an extent greater tha" •• =•• _ _ - 3. Any encroachment or change in on site or off " :. ..•- - ••-• • :-•- • _ -• • _ wetland characteristics have been mitigated; 5. All other sensitive lands rcquir - -- - - - --- -- - - _--- -- - , 6. The provisions of Section 18.790,Tree Removal, shall be met;and 7. Physical Limitations and Natural Hazards, Floodplains and Wetlands,Natural Areas, and Parks, criteria are satisfied: 2. Tec use is permitted in the underlying zoning district; Section 18.765, Parking and Loading. - criteria arc satisfied: I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 10 • • • scvcre damage by thc elements to a pre existing structure or facility prcviously occupied by the applicant on thc premises for which thc permit is sought; 2. The use of a mobile or manufactured home on a lot with an cxisting dwelling unit is necessary to providc adcquatc and immediate hcalth carc for a relative who nccd3 close attention who would otherwise be required to receive needed attention from a hospital or carc facility; 3. The applicant has been evicted within 60 days of the date of thc application from a pre cxisting occupancy of the premises for which the permit is sought as a result of condemnation proceedings by a public authority,or eviction by abatement of nuisance proceedings, or by determination of a public body or court having jurisdiction that the continued occupancy of the facilities previously occupied constitutes a nuisance or is unsafe for continued uac; or circumstances or other hardship beyond the foresight and control of the applicant; 5. There exists adequate and safe ingress and egress when combined with the other uses of the property, as required by Section 18.705,Access,Egress and Circulation, and Section 18.795, Visual Clearance; 6. Thcrc exists adequate parking for the customers of the temporary use as required by Section 18.765, Off Street Parking; 7. The uac will not result in congestion on adequate streets; • 9. The use will not create adverse off site impacts including noise, odors,vibrations,glare or lights which will affect adjoining use,in a manner which other use allowed outright in the zone,would 10.The use can be adequately served by sewer or septic system and water,if applicable. C. Temporary sales office or model home. By means of a Type I procedure, as governed by Section 18.390.030, the Director may approve, approve with conditions or deny the use of any real property • within the City as a temporary sales office, offices for the purpose of facilitating the sale of real property, or model home in any subdivision or tract of land within this City,but for no other purpose, provided the following criteria are satisfied: 1. Temporary sales office: a. The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold;and b. The property to be used for a temporary sales office shall not be permanently improved for that-purpese, 2. Model house where the real property to be sold 13 situated; and structure. D.Temporary Building. Using a Type II procedure, as governed by Section 18.390.010,The Director any real commercial or industrial property within the City as a temporary commercial or industrial office or space associated with the primary use on the property, but for no other purpose, providing the following criteria are satisfied: 1. The temporary trailer shall be located within the boundaries of the parcel of land on which it is located; 3. Thcrc exists adequate and safe ingress and egress when combined with the other uses of the Visual Clearance; �. Thcrc exists adequate-parking for the customers or users of the temporary use as required by 18.765, Off Street Parking; I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_OS_06_2009 Attachment 1 Amendment Language.docx 11 • • • • would not affect the adjoining uses; • hardship. ' . ! - - ' - - � - - • - - -a - - •a ! • - - - - lauds: - - a -- - - aa• •• - :.. :. , :.. 2a --; a• •• • .. : : -- , : - ! -- : - - --- -. • - - - - : canopy ewer -- - . -:: a • - - • - 0 .. date of approval. original application have changcd.f • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 12 • • Section 18.390 DECISION-MAKING PROCEDURES 18.390.080 General Provisions E. Director's duties. With regard to processing applications submitted under this Section, the Director shall: 3.Accept all development applications which comply with the provisions of Section 18.380.080 C3 18.390.080.D.3. 18.390.050 Type III Procedure • C.Notice of hearing. 1. Mailed notice.Notice of a Type II Administrative Appeal hearing or Type III hearing shall be given by the Director in the following manner: a. At least 20 days prior to the hearing date, notice shall be sent by mail to: (1) The applicant and all owners or contract purchasers of record of the site which is the subject of the application; (2) All property owners of record within 500 feet of the site; (3) Any affected governmental agency which has entered into an intergovernmental agreement with the City which includes provision for such notice, or who is otherwise entitled to such notice; (4) Any City-recognized neighborhood group . _ • and whose boundaries include the site; (5) Any person who has submitted a written request, and who has paid a fee established by the City Council; and (6) In actions involving appeals, the appellant and all parties to the appeal. 18.390.060 Type IV Procedure D. Notice of hearing. 2. Notification requirements.Notice of the public hearings for the request shall be given by the Director in the following manner a. At least ten days prior to the scheduled hearing date, notice shall be sent to: (1) The applicant; (2) Any affected governmental agen y; (3) The individual recognked by the affected CIT as the official contact person Any City-recognized neighborhood group whose boundaries include the site;and (4) Any person who requests notice in writing and pays a fee established by Council resolution. • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 13 • • Section 18.430 SUBDIVISIONS 18.430.030 Approval Process B. Review of final plat Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Section 18.390, using approval criteria contained in Section 18.130.080 18.430.070 • • • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\rigard_Omnibus_Dev_Code_Amend_DLCD_notice_of proposed_amendment_Fin al_05 06_2009 Attachment 1 Amendment Language.docx _ 14 • • •Section 18.775 SENSITIVE LANDS 18.775.090 Special Provisions for Development within Locally Significant Wetlands and Along the Tualatin River,Fanno Creek, Ball Creek, and South Fork of Ash Creek A. In order to address the:requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor i �� provisions of the Goal 5 administrative rule (OAR 666-023-0030)pertaining to wetlands, all wetlands 5vd) c( , classified as significant on the City of Tigard "Wetlands and Streams Corridors Map"are protected. No land form alterations or developments are allowed within or partially within a significant wetland, except as l 5 allowed/approved pursuant to Section 18.775.130 or construction of streets and utilities within • ot A C� existing rights-of-way or expanded rights-of-way to City standards. This does not apply (S A3 � to new streets. n � :)NAa 40 U. 18.775.020 Applicability of Uses:Permitted, Prohibited, and Nonconforming C.Exem tions. When e ormed under the direction of the COI, and in compliance with the provisions of the COI of Tigard p pf f �� p � p f �yf g Standards and Specifications for Riparian Area Management, on file in the Engineering Division, the following shall be exempt from the provisions of this Section: 5. Routine maintenance or replacement of existing public facilities projects or construction of streets and utilities within existing rights-of-way or expanded rights-of-way to City standards. This does not apply to new streets. 18.775.020 Applicability of Uses:Permitted, Prohibited, and Nonconforming E.Administrative sensitive lands review. 1.Administrative sensitive lands permits in the 100yearfloodplain, drainageway, slopes that are 25%or greater, and unstable ground shall be obtained from the appropriate communiy development division for the following: a. The City y Engineer shall review the i n s t a l l a t i o n o f public s u p p o r t facilities .• .• - - ....., . . .,• ... . .. - , . .. _ . . ... • .. . by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Section; • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 22 • . 18.765.070 Minimum and Maximum Off-Street Parking Requirements F. Reductions in minimum required vehicle parking. Reductions in the required.number of vehicle parking spaces may be permitted as follows: 3. The Direc or is a% horized to reduce us to i'0 of existing requir d parki : spaces at a cony to ratio of one parking space 1,r each 10? .ware feet of ansit faci/i or developm• is which inco',orate transi-related +czlities s ch - bus • o.• and pull-outs, ., shelt• s, transit-oriented -nt or other transi 'kited fa lities throng'a ype I procedure, as governed by Section 18.390.030, using approval criteria containe' . ,ection 18.370.020.C.5.c. 18.370.020.C.7. • • • • • F. Reductions in minimum required vehicle parking. Reductions in the required number of vehicle parking spaces may be permitted as follows: 1. The Director may reduce off-street vehicle parking spaces per Section 18.765.070.H by up to 20% in new developments for the incorporation of transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented developments and other transit-related development through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.0 b. Applicants who qualify for this adjustment may also apply for further parking reductions oer I8.765.070.F.2.below; 2. The Director may reduce the total required off-street vehicle parking spaces per Section I8.765.070.H by up to a total of 20% by means of parking adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.0%a. 3. The Director is authorized to reduce up to 10% of existing required parking spaces at a conversion ratio of one parking space for each 100 square feet of transit facility for developments which incorporate transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or other transit-related facilities through a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.370.020.Cd$.c. • I I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 21 • 18.765Off-Street Parking and Loading Requirements Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirement. hble is.7s5.2 N E-1 4 num ar d urn Rt;Taired OH-jtreel Width and Hu3dle Reafairelneaa(Coot.] . . MAXEltilh • ' • ZO?IS • • - • S[C3'CL£, Motor'Mirk Related hfD-4..'G edoStdas satzi 1icl.G00•auw14.15th_c4.1 1.371.01.2bufDDi4:::1130.=0 2:31.0G0•osw.last z4.0 2:1.003 Lahr.zoo. • h:-r._•_'s'o>=:loS:nicie Tra..D . 70' .GO]buton3:ss that.-.3 2.31,010bufznia:c'1111=0 2.6'117.00b:.c 4,0 01.1..030 .col-&-I:F-nol Si:: 3_42.0:o,.iro'Dr; 4.042.0's:n::i t av =ir_'..`':u x:ba 03;,000 Office- 3.4+1,0 (b; 01.03) Medical/Dental Office x5.:.[0004) 4..91,0}7n,^ 1.9-1_1:410 hn CAA.1,090 1.04 stun;urcts 1.0.4;tDraps: z: 1:0'2 itor o=tits 1.G.4G stem_: ltoa-A craon•_a.lir D-ca nnua a7C12 MOOD ta.kr ruitstrislSenic - a=':.000 1.27,9}: 1.6'1.000 0-1ti.053 MIaw_fnc ur vya.Production, 6':.G0J ibTi MOOD "OSA i•l+'l.'0JJ C 1:01 tst:,ra1 1_f;1.009(311 can: uma 01.1000 liasw^,Lu♦arral 1 a`:.009 6.f, DOW xirc a t,-1.1.090 RsilraadYords D,Yun Dana 11x.1 ":4crs !test-arch and Devetc .eat "_6':.1[00 3.01.0:7 3y3'1.fC0 0.5.1.000 Wirelyo:ae'Fret''ar Mc.-meat f-1S'7.xo c3 ft:C.3] •:G C.6 1:7 R0 1 "1!:(0 0.1.1,0)3 .45'100:a fr. 0.5'1.00'.fi Witatr-Relasrd 7.0 10.0 memo Whole-alt ales rlL'I.00J :'•7;0.,5 1.61 G0 0.14.003 • • O„1?`-Seer Parking se %.0armgRep..rmanz 11765-1/11 £: .(/i • Proposed Text: Medical / Dental Office 18.765.030 General Provisions G. Disabled-accessible parking.All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the - e •. — •.-- Building Code State Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. • 18.765.040 General Design Standards D. On-site vehicle stacking for drive-in use. 2. The Director may reduce the length of the inbound stacking lane by means of a adjustment to be reviewed through a Type I procedure, as governed by Section 18.320.30018.390.030,using approval criteria contained in Section 18.370.020.C.5.g. 18.37 0.020.C.7.g. I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 20 • • • Section 18.715 DENSITY COMPUTATIONS 18.715.020 Density Calculation A. Definition of net development area. Net development area, in acres, shall be determined b subtracting the following land area(s)from the gross acres, which is all of the land included in the legal description of the property to be developed: 3.All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: b. Multi family development: allocate 15% of gross acreage or deduct the actual private drive area. 18.715.030 Residential Density Transfer B. Underlying development standards.All density transfer development proposals shall coinp/y with the development standards of the applicable underlying toning district unless developed under the provisions of Section 18:44018.350, Planned Development. (Ord. 06-20) • Section 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 18.730.020 Exceptions to Building Height Limitations C. Building heights and flag lots. 2. The maximum height for an attached or detached single family, duplex, or multiple family residential structure on a flag lot or a lot having sole access from an accessway,private drive or easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2-1/2 stories or 3530 feet, whichever is less,provided: • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 19 • Section 18.705 ACCESS, EGRESS, AND CIRCULATION 18.705.030 General Provisions L Director's authority to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: 4.A decision by the Director per 18.705.030 K L.1.-3. above may be appealed by means of a Type II procedure, as regulated by Section 18.390.040, using criteria contained in Section 18.370.020 C3. (Ord. 06- 20, Ord. 02-33) • 18.705.030 General Provisions J. Minimum access requirements for commercial and industrial use. 1. Vehicle access, egress and circulation for commercial and industrial use shall not be less than 2-as provided in Table 18.705.3; 1. Vehicle access.caress and circulation for commercial and industrial use shall not be less thm?A-its pro.'ided in Table 18.705.3; TABLE 1S.705.3 VEHICULAR ACCESS/EGRESS REQUIREMENTS: • COMMERCLAL AND INDUSTRIAL USES Required Parking Minimum Number of Minimum Access Minimum Pavement Spaces Driveways Required Width 0-99 1 30' 24' curbs required • • 100+ 2 30' 24' curbs required or 1 50' 40' curbs required • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 18 • • 18.520.040 Development Standards A. Compliance required.All development must comply with: 1.All of the applicable development standards contained in the underlying toning district, except where the applicant has obtained variances or adjustments in accordance with Sections 18.310 and 18.320 18.370; • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_OS_06_2009 Attachment 1 Amendment Language.docx 17 • 18.520.030 Uses C.Accessory structures. 1.Accessory structures are permitted in all commercial-"ones providing the site is still in compliance with all development standards, including but not limited to setbacks, height, lot coverage and landscaping requirements, of the base -"one.All accessory structures shall comply with all requirements of the Uniform Building Code. State Building Code All accessory structures except those less than 120 square feet in size require a building permit; TABLE 18320.1 USE TABLE: COMMERCIAL ZONES • • Footnote [13] Multi fami y residential units, developed at R 10 standards, as a mixed use in conjunction with • . .a • a ,tee • � . Triangle and Bull Mountain Road district. • Footnote [21]Multi family residential, at 25 units/gross acre, allowed outright. Pre-existing detached and attached single family dwellings are permitted outright. TABLE 15.520.1 f[[' USE TABLE:CO.1DffRC1AL ZONES USE CATEGORY C-ail`( C-C'I't C-G C-P CBD \IL'Et°! SIUC-1 \IVGj°f NIUE SLUR V 1 and 2131 1 and 21n) Decant=Facilities N N C N C N N Heliports N N C C C N N Minnie N N N N N N N Wlreleis Connnm+i;ztion Facilities PtP.t" ?RPI PIR"' P'Rt'a piic' P/R9' Rail LitseaR tili_ty Corridors P P P P' P P Other (P U"r NA NA (j10j NA NA Pt.Pernsitted R=-Restricted C=Conditional Use N=Not Permitted (1) AC oestied a ad condimaai oset rabterr to:petal dtnlopd tuadndr eoaretoed in lotion 13.520050.A. (1) Perdirted sullen waremrooio:a Che;n3f,p50. (i) Set aorta 18.11 41 Wireless 5onaauceca Fotlnot.regorezina foe vomited end resumed trances (a) Uses opeaaat before 7,00 AN sad or afrer 10 x Phi are tondaral saes. (5) AC pemitted.Owired42i csods:wnal o., r:c.21 rpe(_1 letelotw at rmintt u:Secuoule.5I0.050.3. 11) P.oisennl al-.r remained by-1h_es a Lied use u cenlunctlon ant a commercial dt elo;tn:,oa of above of setae{Dom of de immure.at deosisr rot to esreal 1)'oirvtot sae. (') L•artel ro IP080 prop s;aare feet to ere.evctpr:.0:1 food end tartrate o.trle:s.wraith are limner to 48.000 For quart(eater less (4) Lorne romance rohicle doeunp only. (9) Cu7.ewcoabned n mole Imams.each swarm tuYarrn eo-•shot not encead 5.0063 pots quart 9r. (lo)Coo perara;Wort.4.06•,U(and or aft:11-00 0`101:ord ova-syy widows are rocd.-r`aool now (/11 At'tng no psotOfin,272 it ens!ocmd CO the same she with a pesained et conditional uro n and a occupied eschrinlr by a Hale:or supu!neeLot ear remised or candidat/tae.Multi-family honing it pruned at par.of a PD.rudest to Chapter(I 110. 1111 C !es end repair ofoenrvete:es ecd0 hl equipua.c:isperniaedomi;hr.soles sod naval of heavy vetirles and fun rmpzecsardm;:oreye o(,ocre w,1roUter uE Wars Vemv:redimdr'!anih,•. (13)hi ll-fow h-ucdeopal tails.developed et 1.-40 sunderls.as a o!aed-use re va)e=don with cencte<ia1 deselopoem en or above The second floor of he:ure0ue.oily in rho C-p Disei.'r rrrdda rat Tirane T,raurle and Oct 100•Otrn Reed dititica (141 lionintr Remand wilt seesaw.i ace=rooenabn with act on to sane portel as a corner dal lodpop eat. - (151 As ecceirop'to office:or ono porained x00a the total epoce devoted to a combination of mad sa.s Oct sat epl.rlc 4 e:abli:hoe:a nay not 05001 more Lon_'i':of the tart:quart fnmage wtrh:t the development:on:elm (16 play not mt.!(05:of Ste rani quire(map errant et oilce complex. (1:1:mple•far.Sy motel acdrnv?o-fatiiy rerrdeeliat en:b.developed ea R-40 strands,except the Glee hooded by Fresno Creel.(4L'Boulevard.D'Man.Act Arta.and F?:D 5eew.n trac whirls property caned for COD devetapaoa whirh shall be atipmred&.10 PD and shall he dnvoyed as pinned develapoenn it<onfarma.e with rte R-i`Dimict stendnrds. (15j Mono vehicle cleacu8 only. (15)Dtvenpnind a-spe.tnedraditav7. ()01 AC parsed sad condlceaai use:Sn1.prta per_ldetelapsoar=dud:ceato-ied ie htctfucle.539.0•0.C. (114 Matt-pm0yretdena i.or 25arlrtposs eat.allowed mmJe Rte-wane(dilute sic;a-fa ly 1a^-]p ne f=ine]ohaiibt. (11)New Rent acd Was too,nay cut comet 50.0:9 post tearable 6721 pa brrid',af Irak the tcasttawan Fnnra Reriooal Carve or Tsp:l Toanple ercepr far dica staat towed C-G at he cot rho MOc mat' Ersnia au elope-alto Trpad Incept (13;At moans emaciated with this rue.nap:employee end vuaon pa.N:ac atoll be caeuned watt ur0]nft. (raj?raced ar e..eraarr to a.maimed un at lot.as 413 oats veuiaedxithin Ole ram.W.112;as the ftracrttl use,and lots cot exceed to Booraaa ofle;omitted cse. (151 Pereittedpmridet thous.is m larva stet 60.000,quere fetal'pon Dom reaper batiste;or In!ite . 11 61!?ometed Erin;ltuawsia;leo:a,awned.end esii-faoIvivhtdinglrr,netlivre2rteepo.T.oar r,attached cao:aoaSnsr,townhouses troa'torrnr.tam:cvarmdtes:no:25duet8totepeeera Ott a Hann.=dec rye 50 thvelict uaSa per acre. (1: Metro oaf an terxbedo mane crlhit hsipa laic see Chapter le.000. (11 All Patnael andioMri,nal Pte,subject la ep gal develop:0amro lr:l:corniced.iait.(P If GrocyIIn:tpaill too orfrx'ra.idetn aaatd'ir_a by rplo.preplircp with thor.more addax: sided as co.+saeal'ase 134 i:a-etidwe hoa(q ec:pem(aei Cac:er,rowofproccanc boraop sirs to oche.user n tale,to Oa mammas s 0(0,0,ut 11.630. • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 16 Section 18.520 COMMERCIAL ZONING DISTRICTS • TABLE 13.528.1 USE TABLE: COMMERCIAL ZONES . USE CATEGORY C-Nnj C-CM C-C; C-P CED IIUE`-''{ \IUC-1 fITC " MUE MUR. 1 and 2t's 1 and 2trs' RESIDENTIAL Household LNITIE N er ply R1"1 pl:�1 R.,..1 Ri2:` Pr"i P P P Group Living N N C: N P N C FJ JC R''IX RI"••C Transitional sousing . N N C N C N C C C C . C Hone Occupation °.:l Riri RI'' RI�1 R'1 ei P R12) RI'I RIR HOUSING TYPES Single Unit,Attached N/A NIA NA N/A N:S NIA N 4 RI'°I Rim P Sinai Unit=-,t?e:r:bed NA N/A NA N/A NA N/A N/A R1"'I Rlr I RI"' • Accesscey Unics NA A N/A N/A N/A N/A N/A N.A R{s 1 RI?1 RI"' N Duplexes J- N/A N/A Nr3 N/A N/A N/A RIM RI"1 P Multi-family Units NSA N/A N/A N/A N/A N/A N/A P P P Manufactured Units NIA N/A N/A NIA N/A NA N:A N N N I`foble Horne Parks.Subdivisions NA N/A N;A NIA N/A N/A N A N N N CIVIC(NSTITUTIONAL) Basic Utilities C N N C C C C CPA C"I C'ia'; Colleges N N N N N C C C C C ComnuuntyReaeation N P K N P C N P C C Culuual:nstitutions P P P ? P P P P P N Day Care P P P P P P P P P P./Ct,.l Emergency Serices P P P P ? P P P P N Medical Centers C N C C C C C C C C • Postal Service P P P P P P P P P N Public Support Facilities P P P P P P P P P P Religious Institutions C C P P P c' P P C • Schools N N N P: N C C C C C $cc 131'^IB.teC4lY Clubs Lodges C C P _P P P P ? P C • CONIbf`RCL?L Con,me cial Lodging N N P RI"' P ., P P P N Eatiuc and Drinking Establishments C P P R':'I p P P P P RI,.lnel • COMP:fielal ZAningfiStTICtS 18.5,e 5 rode Update_ 10162 Amendments: Existing: "C" (conditionally permitted) Proposed: "P" (Permitted Outright) • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment-1 Amendment Language.docx 15 • • • Section 18.220 ZONING ADMINISTRATION 18.220.020 Zoning District Map . A. Consistency with zoning map. The boundaries of each of the foregoing districts as listed in Table 18.220.1 Section 18.500 and the zoning classification and use of each tract in each of said zoning district is perceived to coincide with the identiOing tone classification shown on the map entitled `Tigard Zoning District Map", dated with the effective date of this title retained by the City Recorder and referred to as the `zoning district map."Said map by this reference is made a part of this title.A certified print of the adopted zoning district map or map amendments shall be maintained in the office of the Planning Division as long as the code remains in ffect. • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 23 • 0 Section 18.310 SUMMARY OF LAND USE PERMITS 18.310.020 Summary of Land Use Permits A. Summary Table. The table summarizing the decision-making procedure and substantive approval requirements of each land use permit and related action is presented in Table 18.310.1 below: TABT.F, 18.310.1 SUMMARY OF LAND USE PERMITS AND RELAl ED ACTIONS Decision-Making Approval Other Development Laud Use Permit/Action Type Criteria Regulations Sensitive Lands ,16.775.020.E • Within 100-Year Flood Plain II-HO 18.775.070B 1.775 • With Excessive Slopes I II.III-HO3 13.775.0700 .18775020.E . 75 • Within Drainage Ways II,III-H03 18.775.070D .16.775.020.E •. 75 • Within Wetlands II, I-HO3 18.775.070E 18..75 Signs • Existing (Development Standards for Each • • Modification of Existing {Sion Type,per 18.780 • Temporal. I 18.780.100 Temporary Uses • seasonal/Special Events 1 I S.785.040A 18.78 • Emergency I 18.785.0403 18.78 • Temporary Sales Offic /Home I 18.735.040C 18.78' • Temporary Building 1 18.785.040D 18.78. Tree Removal 1 18.790.050A • 18.790 Rrtiti,,r Rasroirces Oi•a ny . 97 Perinitted Uses.•rMitr$atron/ No Altrruatis• II 12.7.97.'060B�e - 15:7 7 • Conditional, ses 111-HO .. IS:/y LO6013-0 18.197 . Land Division V \I ' I I . I Delete Section , 18.775.020.E 4 Add footnote [4]: Type I procedures are reviewed with criteria of 18.775.020.E Type II and III procedures are reviewed with criteria 18.775.070.B. • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 24 • • Section 18.510 RESIDENTIAL ZONING DISTRICTS 18.5 10.060 Accessory Structures A. Permitted uses.Accessory structures are permitted by right in all residential Zones subject to the following: 2. Non-dimensional requirements: b.An accessory structure shall comply with all of the requirements of the — 'i S- ': . State Building Code All accessory structures except those less than 120 square feet in size require a building permit; 18.510.020 List of Zoning Districts H. R-40:Medium High-Density Residential District. The R-40 Zoning district is designed to accommodate existing housing of all types and new attached single family and multifamily housing units with no minimum lot size or ma rm dersty.A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. • • • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment-1. Amendment Language.docx 25 • • SECTION 18.640 DURHAM QUARRY DESIGN STANDARDS 18.690.070 Reserved 18.640.070 Signs A. In addition to the requirements of Section 18.780 of the Development Code, the following standards shall be met: 1. Zoning District regulations. Residential only developments within the MUC-1 shall meet the sign requirements for the R-40 zone Section 18.780.130.B; non residential development within the MUC-1shall meet the requirements of the C-P zone, Section 18.780.130.D. 2. Sign area limits. The maximum sign area limits found in Section 18.780.130 shall not be exceeded, no area limit increase will be permitted. 3. Height limits. The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not extend above the roof line of the wall on which the signs is located. No height increases will be permitted. 4. Sign location. Freestanding signs within the Durham Quarry shall not be permitted within the required L-1 landscape areas. • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 26 • Section 18.710 ACCESSORY RESIDENTIAL UNITS • 18.710.020 Standards B. Limitations.An accessory residential unit is permitted providing there is compliance with all of the following standards: 3. The number of residents permitted to inhabit the accessory residential unit is regulated by the Uniform Building Code State Building Code; a iko0t[ {ytlS� Section 18.742 HOME OCCUPATIONS r��.�� (114(-- 18.742.040 General Approval Criteria and Standards N���j�>SP A. General criteria.All home occupations except those that have proven nonconforming status shall observe the 7 following criteria in addition to the standards established for Type I and Type II Uses described in Section 18.742.050 of this Section. 5.A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit.Any accessory- building that is used must meet . ••: • '. ,: State Building Code requirements; Section 18.745 LANDSCAPING AND SCREENING 18.743.030.E. Screening:special provisions. 3. Screening of swimming pools.All swimming pools shall be enclosed as required by City of Tigard Building Code State Building Code; 18.743.040 Street Trees G. Granting of adjustments. Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section o 3�n non r n c 18.370.020.C.6.b. • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_not ice_of_proposed_amendment_Final_J15062009 2009 Attachment 1 Amendment Language.docx 27 • • SECTION 18.798 WIRELESS COMMUNICATION FACILITIES 18.798.060.B. Review criteria.Any use subject to review per Section A above, shall be evaluated using the following standards: 3. Setbacks: Towers shall be set back from the property line by a distance equal to the height of the tower.A Type II adjustment may be obtained to reduce this setback, subject to criteria of approval contained in Section 18.370.020.C.Sa0 Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.080 Exceptions to Standards 18.360.080 Exceptions to Standards D. Exceptions to landscaping requirements. The Director s#e11 may grant an exception to the landscaping requirements of this code, Section 18.120.150, 18.360.070.B.4 upon finding that the overall landscape plan provides for at least 20 of the gross site to be landscaped. r-- 18.36 030 Approval Process A. New developments and major modifications. Site development review for a new development or major modification of an approved plan or existing development, as defined in Section 14 030,4, 18.360.020A shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. • • • •I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 28 • • Section 18.410 LOT LINE ADJUSTMENTS 18.410.040.A Approval Criteria 4. With regard to flag lots: b.A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.940-.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. Section 18.760 NONCONNFORMING SITUATIONS 18.760.040 Criteria for Nonconforming Situations D.Nonconforming use of structures 2. If a single structure or a structure and premises containing a number of lawful uses(except for a single accessory structure) existed as of March 16, 1983, and those uses would not be allowed in the Zoning district in which they are located, or which are nonconforming because of inadequate off-street parking, landscaping or other deficiency (under the terms of this Section or amendment thereto), the lawful uses may be continued so long as they remain otherwise lawful, subject to the following provisions: e. When the use of the structure, including all uses, is discontinued or abandoned for three months, the • structure and premises shall not thereafter be used except in full conformity with all regulations of the Zoning district in which it is located. For purposes of this Section, a use shall be deemed to be discontinued or abandoned • • • • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_0S_06_2009 Attachment 1 Amendment Language.docx 29 • v • • !PI TIGARD REQUEST FOR COMMENTS DATE: May 15,2009 TO: Planning-Engineering Techs/Community Development Department FROM: City of Tigard Planning Division STAFF CONTACT: Dick Bewersdorff,Planning Manager (503) 718-2432 or dick(atigard-or.gov Fax: (503)718-2748 DEVELOPMENT CODE AMENDMENT (CPA) 2009-00003 LEGISLATIVE UPDATE: Tigard Omnibus "Housekeeping" Items REQUEST: The City is requesting approval of forty seven Development Code Amendments to promote consistency among the Code Sections. These `housekeeping" items are from Code Chapters 18.120 Definitions; 18.780 Signs; 18.330 Conditional Use; 18.350 Planned Developments; 18.385 Miscellaneous Permits; 18.390 Decision-Making Procedures; 18.430 Subdivisions; 18.520 Commercial Zoning Districts; 18.705 Access, Egress, And Circulation; 18.715 Density Computations; 18.730 Exceptions To Development Standards; 18.765 Off-Street Parking And Loading Requirements; 18.775 Sensitive Lands; 18.220 Zoning Administration; 18.510 Residential Zoning Districts; 18.640 Durham Quarry Design Standards; 18.710 Accessory Residential Units; 18.742 Home Occupations; 18.745 Landscaping And Screening; 18.798 Wireless Communication Facilities; 18.760 NonConforming Situations; 18.410 Lot" Line Adjustments; 18.360 Site Development Review. LOCATION: Citywide. ZONE: The proposals are not applicable`to a specific zone, property or group of properties. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130, 18.380, 18.390. Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2: Land Use Planning. Metro Functional Plan: Metro Code Sections 3.07, Urban Growth Management Functional Plan. Statewide Planning Goals 1 and 2. Applicant's Materials are available online at http://www.tigard-or.gov/city hall/departments/cd/code amendment.asp 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: Wednesday,June 3, 2009. 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 m writing as 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:, `J �' 1, 5 /r c-,r / PA, ,Jrv.4 )00 Name&Number of Person Commenting. Pe_QA","-d,,) . • • City of Tigard Notice of Proposed Amendment Attachment 1: Amendment Language: DCA2009-0003 Omnibus Code Amendment — Housekeeping Items (Bold and underline text indicates proposed new language and:,trikc through indicates language proposed to be deleted.) SECTION 18.120 DEFINITIONS 18.780.015 Definitions A. Definitions.As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions, and are as follows: 7. `Bench sign" ... ; ;• -.. ;• ..; ; ;; • : ..-. ; ... . _ means a bench designed to seat people with a sign painted or affixed on the surface. 18.120.030 Meaning of Specific Words and Terms • A. For additional words and terms, also see Use Classifications(Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755);Sensitive Lands(Section 18.775);Signs (Section 18.780);Tree Removal(Section 18.790);and Wireless Communication Facilities (Section 18.798).As used in this title, the following words and phrases mean: 4. `Accessory building or structure"-A}reefteinding structure whose use is incidental and subordinate to the main use of property and-is located on the same lot as the main use and is freestanding or is joined to the primary structure solely by non-habitable space as defined by the State Building Code. 6. `Addition"-A modification to an existing building or structure which increases its height or increases the site coverage. A structure is considered an addition only when it shares a common wall and is structurally dependent on the primary structure. (See also "Accessory building or structure" and "common wall") • 43. "Common Wall" —A wall or joined walls that share a boundary to provide separation of interior spaces. For vertical additions, a floor/ceiling assembly is the a shared boundary separating spaces. 54. `Density"-The intensity of residential land uses, usually stated as the number of housing units per acre and defined in • Section 13.720. 18.715. • 117. "Public support facilities"cervices which are necessary to support uses allowed outright in the underlying zone and involve only minor structures such as underground utilities and construction ofroadway improvements including sidewalks, curbs, streetlights, and driveway • aprons.power lines and poles.phone booths, fire hydrants. as well as bus stops, benches and mailboxes which are necessary t pport vrincinal development. • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_not ice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 1 • . Section 18.780 SIGNS 18.780.015 Definitions A. Definitions.As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions, and are as follows: 8. `Billboard"means a freestanding sign in excess of the maximum site allowed, with adjustments, in the locations where it is located or proposed to be located. Billboards are prohibited by Tigard Code Section 18.780.070.M: Certain Signs Prohibited. 18.780.020 Permits Required C. Compliance with UB 'State Building Code. Separate structuralpermits under the Uniform Building Code State Building Code shall also apply. 18.780.070 Certain Signs Prohibited B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the Uniform Building Code State Building Code or this title. 18.780.140 Sign Code Adjustments A.Adjustments. The Director may grant an adjustment to the requirements of this Section by means of a Type I or Type II procedure, as governed by Section 18.390, using approval criteria in Section 18.370.020 C.6. 18.370.020 C.8. 18.780.130 Zoning District Regulations E. In the C-N and C-C tones. No sign shall be permitted in the C-N and C—BG C-C tones except for.the following: • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 2 • • • Section 18.330 CONDITIONAL USE • 18.330.020 Appr Process E. Appo period. Conditional use approval by the Hearings Officer shall be effective for a period ofdl-1/2)years from the date of approval. The conditional use approval by the Hearings Officer shpse if: 1.. Substantial construction of the approved plan has not begun within a one and one half year period; or 2. Construction on the site is a departure from the approved plan. • 18.330.020.C Minor modification of approved or existing conditional use. • 2.An applicant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.010 18.390.030, using approval criteria in SubSection C3 below. • • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 3 • • . TA_BT F, 18.390.1 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE Type Permit/Land Cross-Reference(s) 11(18.390040) Access/Egress Adjustment 18.370.020 C3b I I CL4CISLOT,ZaZEIXtEl-ECA7G311Z:o. TABLE 18.390.1 STA:MARI-OF PERMITS/3V TYPE OF DECISION-NIAKING,PROC.-DIME Peradc.L;Jud Crosr-Referame(t) 1 2•02.03 1)) IONS;Dry D;ruckv,-anAut 1S.27C • Hemp 0:cu22.doc Typ; 13.7.2 Lamiscapirc scrnI - .-E ±tst Scow T:opi; -8.370.0'23 C4r..13.741 - 2Z47;Stvot Tri;; 1:337C.027 C413: :5.74! Le:LL-; 11.410.54:1 1.1imil-aumRcsidpor:alDD-Lsi7:Adisezil 8.17G.02C Cl;18.43C.13.7-.5 I.:Cr-cc:ff.:T=1=E'LIP)CDLIfilMatiOLIL 18..331.030A:15.75) Plzting Adjuszo vat; - Rpeuctioa ceNC-iofrzuez Packina ; 1.3.370.02:1 CS:/;13..751 • ±aErzid±iis Dovolcprat;'71-rzzisi., tr_p_ - Raduction 1= E.AV2; •umth 18.375.028 C51; 8.7,f1 - NGW 18.780 • - Exi5.u37 -13_730 Simi G':olc.pr000rd‘1:1-co--tolincation 18..360.0.PD -Tcar4.-,anz-f 11;,; - 18.781 - Soacaoal.:5p;ci 1.8 735 - Tau.:pciary B d'at2, .13,785 - Torz-porzry 5•IA,C.EI:41-loniti 15.751 te; - 18370.510 07;15.790 - Pgras.:t 18_790 Coronr:xticidien;Fz.ci2i&e;-- 13;370.i:40 035::8795 ;I'D z:' Ecco Orlix T -ires Conditional Use/Minor Modification 18.330.030 DeeisionZidrimr, ofns'....rez .21399-1 5:E date: FM • 1:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 4 Olt Section 18.350 PLANNED DEVELOPMENTS 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: 4. In addition, the following criteria shall be met: m. Shared open space facilities:These requirements are applicable to residential planned developments only. 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 100yearfloodplain). (2)Passive use facilities. Up to 100%of the open space requirement may be satisfied b 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. • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus • Housekeeping\DLCD\Tigard_Omnibus_Oev_Code_Amend_DLCD_notice_of_proposed_amendment_Final05 06 2009 Attachment 1 Amendment Language.docx 5 • i Section 18.385 MISCELLANEOUS PERMITS • eetio_ 18385 MISCELLANEOUS PERMITS Sections: • .! ! - -- - e . a: P - -- .!• ! ! - _- - P - : -- ! . . r - - r - -- •- • - - e . . • r . . - P - • A. Criteria for historic overlay district designation. 1. Approval of an historic overlay district dcsignati.- . - : :• -- • - : = stated in Section 18.740.010,Purpose; the community, state or nation; state or local history; construction; or c. The proposed site or area is a notable work of a master builder,designer or architect. -- - •= = = met 3. The resource designated with the historic overlay district designation is no longer of significance to the public; or �. The historic overlay district designation is causing the property owner to bear an unfair economic district shall be granted by means of a Type II procedure, as governed by Section 18.390.040, by the Director using the following criteria: • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_0s_06_2009 Attachment 1 Amendment Language.docx 6 • D. Critcria for construction of new structures.Approval for exterior alterations of structures in an historic overlay district shall bc granted by means of a Type II proccdurc,as governed by Section 18.390.040, by the Director using the following critcria: 1. The purpose of thc historic overlay district as set forth in Section 18.710.010; 2. The economic effect of thc new structure on thc historic value of the district; 3.The visual effect of the proposed new structure on the architectural character of the district; and - texture and matcrials proposed to bc used in the construction of thc new building or structure. E. Criteria for demolition.Approval for demolition of structures in an historic overlay district shall be granted by means of a Type II procedure, as governed by Section 18.390.010, by the Director using 1.The purpose of this Section as set forth in Section 18.710.010; 2. The criteria used in the original dcsignation of thc district in which the property under consideration is situated; 3. The historical and architectural style, the general design, arrangement,materials of the structure in question,or its appurtenant fixtures; the relationship of such features to similar features of the public rights of way, and to other buildings and structures in the arca; /I. The effects of the proposed work upon the protection, cnhanccmcnt,perpetuation and use of the district which cause it to possess a special character or special historical or aesthetic interest or value; and • -- 5. Whether denial of the permit will subject the City to potential liability,involve substantial hardship to the applicant, and whether issuance of the permit would act to the substantial detriment of the public welfare and would be contrary to the intent and purposes of this title. - •. . - -;- complies with all development criteria in Sections 18.742.040A and 18.742.050 Al. B.Type II home occupation permit.A Type II home occupation permit will be processed by means of a the following approval criteria. 1. Is in conformance with the standards contained in this Section;and 2. Will be subordinate to the residential use of the property;and 3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or - • -- - � - - --- -- ---- - -- - -- -- - - - - -- - - - - -- - i n c l u d e, but are not limited to, the following: -1- urther-imiting-the-hours days place-and-manner-of-operatio-i; 2. Requiring site and-building design features which minimize environmental impacts such as noise, 4. Further limiting the building area and outdoor storage used by the home occupation and restricting the location of the use on the site in relationship to adjoining uses; 5. Designating the size,number,location and design of vehicle access points; 6. Requiring street right of way to be free at all times of vehicles associated with the home occupation; 7. Requiring landscaping,buffering and/or screening, of the home occupation from adjoining use • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_final_05_06_2009 Attachment 1 Amendment Language.docx 7 • a accommodate the homc occupation; construction; ;,lopes,wildlife habitat areas and drainage areas; 13.Limiting thc type and number of vehicles or equipment to be parked or stored on the site; and• comply with the purposes stated in Sections 18.745.010 n '8.71 'ncn•• complied with and thc home occupation is otherwise being c.-:- - - • --- - - - • -- - • • = - Seetie 2. The Director shall approve thc use as it cxists,revoke the homc occupation permit, or compel as= n. Generation of cxccssivc traffic; . al .- - : : ---' - .. , - - -, :a -:aa. use may be ordered to cease s • -•• _ = - -•- -_ _ •-- •a a occupation on the subject parcel will be considered. her residence. - ,1 1 • . : - -. •- - : - -- , criteria shall be used by the Director to issue a confirmation of lcgal nonconforming use: felowi b. Copies of zoning code provisions and/or-maps; • community was adopted. 2. Proof that the use has been maintained over time. This includes copies of thc one or more of the a, : • - - -; - - -, been maintained over time includes: a. Utility bills; • b. Income tax records; c. Business licenses; c. Advertisements in dated publications, c.g., trade magazines, and/or; I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 8 O • 18.775, must obtain a permit in certain situations. Dcpcnding on the nature and intensity of the proposed activity within a sensitive area, either a Type II or Type III permit is required, as delineated in Section 18.775.015 D and E.The approval criteria for various kinds of sensitive areas, c.g., floodplain, arc presented in SubScctions B E below. B. Within the 100 year floodplain. The Hearings Officer shall approve, approve with conditions or deny - . ::: . .:- :. - .. .- . - U .-:r floodplain based upon findings that all of the following criteria have been•satisfied: 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero foot rise floodway shall not result in any encroachments,including fill,new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any incrcasc in flood levels during the base flood discharge; 2. Land form alterations or developments within the 100 year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map,except that alterations or developments associated with community recreation uses,utilities,or public support facilities as defined in Section 18.120 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards; 3. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100 year flood; pathway is deemed by the Hearings Officer as untimely; 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation . of an avera•c annual flood; 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board,Division of State Lands approvals shall be obtained; and 7. Where land form alterations and/or development arc allowed within and adjacent to the 100 year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a C. With excessive slopes.The appropriate approval authority shall approve, approve with conditions or deny an application request for a sensitive lands permit on slopes of 25% or greater or unstable ground based upon findings that all of the following criteria have been satisfied: 1. The cxtcnt and nature of the proposed land form alteration or development will not create site disturbanccs to an extent greater than that required for the use; 2. The proposed land form alteration or :- . - - -- .. - - -- - property; 3,--The-structurcs are appropriately sited and designed to ensure structural stability and proper �. Where natural vegetation has bccn removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Section 18.745,Landscaping and Screening. all of the following criteria have been satisfied: disturbances to the extent greater than that required for the use; I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 - Amendment Language.docx 9 • • property; 3. The water flow capacity of the drainageway is not decreased; flow in accordance with the adopted 1981 Master Drainage Plan; Lands approvals shall be obtained; and floodplain, the City shall require the dedication of sufficient open land area within and adjacent to accordance with the adopted pedestrian bicycle pathway-pkn- E. Within wetlands. The Director shall approve, approve with conditions or deny an application request been satisfied: of such a wetland; • disturbances to an extent greater tha - .. -_. -: =- - - . -; 3. Any encroachment or change in on site or off site drainage which would adversely impact 5. All other sensitive lands require--• - :=- -_ . - a--- - ,• . 1 - .-. :- - a a a a .. . . - . .. -. , . -, -_ 1: --, - - - - - - - - ' . :. - -- p -A. Seasonal and special events. Using a Typc I procedure, a3 governed by Section 18.390.030, the criteria are satisfied: 2. The use is permittcd in the undcrlying zoning district; Section 18.765, Parking and Loading. Clearance, and shall not obstruct pedestrian acccs3 on public rights of way. B. Unforeseen/Emergency Situations. Using a Type II procedure,as governed by Section 18.390.040, the Director shall approve, approve with conditien3 er deny based on findings that all of the following criteria arc satisfied: I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 10 • ;evert damagc by the elements to a pre existing structure or facility previously occupied by the applicant on the premises for which the permit is sought; 2. The use of a mobile or manufactured home on a lot with an existing dwelling unit is necessary to otherwise be required to receive needed attention from a hospital or care facility; 3. The applicant has been evicted within 60 days of the date of the application from a pre existing .a:- -- - ---: -- - - - - a. - : -a result of condemnation proceedings by a public authority, or eviction by abatement of nuisance proceedings, or by determination of a public body or court having jurisdiction that the continued occupancy of the facilities previously occupied constitutes a nuisance or is unsafe for continued use;or circumstances or other hardship beyond the foresight and control of the applicant; 5. There exists adequate and safe ingress and egress when combined with the other uses of the property, as required by Section 18.705,Access,Egress and Circulation, and Section 18.795, Visual Clearance; . 18.765, Off Strcct Parking; 7. The usc will not result in congestion on adcquatc streets; 8. The usc will pose no Nazar. a . , -- .- - . . - - - .--, 9. The usc will not create adverse off site impacts including noise, odors,vibrations,glare or lights which will affect adjoining use,in a manner which other use allowed outright in the zone,would not affect adjoining usc;and 10.The u3C can be adequately served by sewer or septic system and water,if applicable. C. Temporary sales office or model home.By means of a Type I procedure, as governed by Section 18.390.030, the Director may approve,approve with conditions or deny the usc of any real property • within the City as a temporary sales office,offices for the purpose of facilitating the sale of real property, or model home in any subdivision or tract of land within this City,but for no other purpose, 1. Temporary salts office: a. The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold;and b. The property to be used for a temporary sales office shall not be permanently improved for that purpose. • 2. Model houses where the real property to be sold is situated; and structure. D. Temporary Building. Using a Type II procedure, as governed by Section 18.390.040, The Director any real commercial or industrial property within the City as a temporary commercial or industrial office or space associated with the primary use on the property, but for no other purpose,providing the following criteria are satisfied: 1. The temporary trailer shall be located within the boundaries of the parcel of land on which it is located; 2. The property to be used for . - -- . . . , . -,.• :•. .- : . - :a-a; 3. Thcrc exists adequate and safe ing css and egress when combined with the other uses of the Visual Clearance; 4. Thcrc exists adcquatc parking for the customers or users of the temporary usc as required by 18.765,Off Street Parking; I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 11 • 5. The use will not result in-congestion on adcquatc strcct3; would not affect the adjoining uses; hardship. . .! . ! • - ' - - ► . .. • - lands: 1. Removal of thc tree must not have a measurable negative impact on erosion, soil stability, flow of by direct dcposit, dropping,discharge or as a result of thc action of erosion. 0 datc of approval. original application have changed.* • • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 12 • • Section 18.390 DECISION-MAKING PROCEDURES 18.390.080 General Provisions E. Director's duties. With regard to processing applications submitted under this Section, the Director shall: 3.Accept all development applications which comply with the provisions of Section 18.380.080 C3 18.390.080.D.3. 18.390.050 Type III Procedure C.Notice of hearing. 1. Mailed notice.Notice of a Type II Administrative Appeal hearing or Type III hearing shall be given by the Director in the following manner: a. At least 20 days prior to the hearing date, notice shall be sent by mail to: (1) The applicant and all owners or.contract purchasers of record of the site which is the subject of the application; (2) All propeny owners of record within 500 feet of the site; (3) Any affected governmental agency which has entered into an intergovernmental agreement with the City which includes provision for such notice, or who is otherwise entitled to such notice; (4) Any City-recognized neighborhood group : • • • . • - • • -• and whose boundaries include the site; (5) Any person who has submitted a written request, and who has paid a fee established by the City y Council; and (6) In actions involving appeals, the appellant and all parties to the appeal. • • 18.390.060 Type IV Procedure D. Notice of hearing. 2. Notification requirements.Notice of the public hearings for the request shall be given by the Director in the following manner: a. At least ten days prior to the scheduled hearing date, notice shall be sent to: • (1) The applicant; (2) Any affected governmental agency; (3) .• • • • _ -•. .. .• ;1• •. : •• . • Any City-recognized neighborhood group whose boundaries include the site;and (4) Any person who requests notice in writing and pays a fee established by Council resolution. • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 13 • Section 18.430 SUBDIVISIONS 18.430.030 Approval Process B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Section 18.390, using approval criteria contained in Section 18.130.080 18.430.070 • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 14 • • Section 18.520 COMMERCIAL. ZONING DISTRICTS TABLE 18.:;20.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N°3 C-c C-G C-P CBD \IUE`"1 MUC-1 MUC•r"I MUE 3ILiR, 1 and 213: 1 and 2I1sA RESIDENTIAL Nasuehold Ltvion N RI•I Rot t Rt:'1 R , P J":' p -1 P P P GroupLisine N N C N P N C PJ''!'C R"•I:'C R'"•:C Transitional Housina N N C N C N C C C C Home Occupation R''1 RI'1 PIx: P..") .'"I RI'1 P Ri-1 RI7, Rl=i HOUSING TYPES Sinele Unit Attached NIA NIA NIA NIA NIA NIA NIA RI'I Rum P Sineei Units,8e:ached NIA NIA N/A N/A NIA NIA N/A RIv'I RI1_I RI"' Accessory Units NIA NIA NIA NIA N/A N/A NIA RI3`1 Pn.I Roo. Duplexes N/A N!A ri/A NvA NIA N/A N/A Rlwi R"1 P Multi-family Units NIA N/A N/A NtA NIA N/A N/A P P P ManufacnuedUnits N/A N/A N/A N's N/A. N.'A NA N N N Mobile Home Parks.Subdivisions N/A NIA N/A N/A NIA NIA N.A N N N CTI IC(INSTITUTIONAL) Bask Uti:ities C N N C C C C CI"i C''I CI"' Collenes N N N N N C C C C C Cotnmumiry n.easation N P N: N P C • N P C C Cultural lm;nuions P P P P P P P P P N Day Care P P P P ? P P P P PIGS• 1 Esueeeencv Services P P P P ? P P P P N Medical C2utE73 C N C C C C C C C C Posrl Service P P P P P P P P P N Public Support Facs€ities P p P ? P P P P P P ReE:eior:s Institutions C C P P P s • P P C Schools N N ri N N C C C C C Sociak7r:terra:Clubs-Lodes C C P P P P P ? P C C OMNI:RC•L•?L con,n erda)Lodzine N N P RI"I P P P P N Eatin?anti Drinking.Establishments C P P R''"I P P P P P PI''""1 Commercial Zoning Disrrfer} 18.5'1 S Code Updare_ 1642 mendments: Existing: "C" (conditionally permitted) Proposed: "P" (Permitted Outright) I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 . Amendment Language.docx 15 • • • • 18.520.030 Uses C.Accessory structures. • 1. Accessory structures are permitted in all commercial',ones providing the site is still in compliance with all development standards, including but not limited to setbacks, height, lot coverage and landscaping requirements, of the base zone.All accessory structures shall comply with all requirements of the Unifon n Building Code. State Building Code All accessory structures except those less than 120 square feet in site require a building permit; • • • TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES Footnote 113! Multi family residential units, developed at R 90 standards, as a mixed use in cot/unction with • • II _ e Triangle and Bull Mountain Road district. Footnote [21]Multifamily residential, at 25 units/gross acre, allowed outright. Pre-existing detached and attached single family dwellings are permitted outright. TABLE 15.520.1 USE TABLE CO>DIERCLAL ZONES USE CATEGORY GVlal C-C" C:-G C-P CBD NIITE0.1 \IUC-1 \I1.1Ch1 \SLR MUR 1 and 21=x1 1 and 21.A Detention Faalities N N C N C N N Hellpcals N N C C C N N Mina N N N N N N N Wireles's Coon:numianon Facilities P.RO1 P:RBI P:R�1 P!?.laa P:R"' PfR°' P;Riihj Rail Lines/Utility Corridor: P P P P P P Other C{`t U"• NA NA O''1 NA Xs, P=Permitted R=Restricted CKonditiona(Use N=Not Permitted (I] AC penrit:ed and cooditmooi odes subject to_pecat development eraaiaoo cannon!to Main 13-5011050-A. (3) Pecaavl ninon anetile_ecn Chapter 11.942. • (s) Sec Chore:18.793 Who it(ona'auca::aa iecitOtt.requeme o11.pe000:ei rod:esoxrzd frcianec (0) Las opening before?AO AM ale m afn:l•l, iSi ate:eaoanal ales. (5) AC yearned ifelir,C.nd condi:tonal cies nun men tonal developaeat tt adudt a S. to1B.5211.0503. (1) P-estlenaal salts petnitt04 rein as a cum4 use u caal'ncdoe with:.c0000to:al dcc Ctn...0001 above be second Dots of the cn.crare.at demesne:e ttomeed1l.CNCelaae- (') Lnciue to 10.020 gross spare feet te cm ever:0:0:l food and Se•.enge onle:s,atech an hawed to 40,000 post bone tenet no (1) 1.:aa:e'_to mom:s4icl0 tlxtaap nay. . (0) t-uheocoxbioefen mole interne.each lopuwrubltatsta that on exceed 5.1103 Foal Kum fen. (10)Uses ore:adze bean 4:00 AN(caeca ale:11'CO PM;are-ive.cp Dhows eat coa l:caal uses ill)A tine-Sm;.y can pmv:ding that n it!JO,ed en the sane die nib a per-Ind o:coaiirtooJ by=and it occupied eahoivaly by a antaler or:cp.oloo int of the gtaenred to coodtdoeel ate.M00ti-`.awl,' `ootoop it?maned or pan of a OD.snit etc m C Nape,11 3f0. (12)Cimino ides cad:epaln ofaoto--vehales nee141:1 equipsnect cc remittede:xi;hr.sobs and s.mal of henevvticles and Dmagttipse.aid'a xma;eof:rernoosl vrSiks.ad b.."11.mrnd coadi:!anallr. (13)Slvic-family lei:deanal uoisi des e101-ed at Pap:'.nieces.to a a'-and-ate n conjunction:410 cenocceial decelopmem w a above he earord Boot of the macabre_only in the CA Munn video be Tiond Trinrle and Bat Manna:o Read @sett. (141 00CUaaau persraM vri:t rascredac m 11x0 x conaaaiau root avian it.tame pored as a corocutdal lodging toe. (I Si As ecencocy to office:or stet pinioned toes.doe rail;pace devoted to e combinuioo of toedv4s ere oamag:ierldrag ettablitboents may not sired more Oran 200;of the ea n Kane floage wince the developuxetcoaplex. (163 May not...ad 10%of the toad Nom footage widic no office o xpies. (171 SittOn noaly attached and auto-featly resided iii coin.developed at Red smodards.escepr the aea bouded by Tonne Creel-Ha BasIeoe:d.O'nice.tot A000no and Hill Sam aitin Wads zoned for COD development which dull he enigmled p:12 PD ant skill to annoyed as planned developments:ecodorm_sare with Me 0-12 Darn',entente (15)Motor chicle cleacing'ny. ;101 Dive-3p aladc a pi:air-ed000dis1n;ay. Pt!AC;emitted and conditional use:subject to speced development nndrodt sooudteed(n Secriooi8.000.050.C. (211 00a-1:-faa3l•eo`lendel.0035 outmost ace.allowed Oaa0;i.On-[costal deeded tlerle.faat!y doCIl t;a ate gerxrul Occirh! (22)Nam Rerun wed salon nvn map cot ex tee 4097%post leasable nee per bs ddag stab 11,trathingroa Eno:e&epood Cornet Ttpvt TLOSOG*taw fee thr•te ants mete C-Cc et be One be Mint moan: dioaict was adored n she Tlrard Triangle [233 AC acm nd;00000 04 with bit so..accept employee end cnueasar puking.card be contained Marc Val tap. (y4)?ermined as accessory to e r.rncttnd ice as loss;as tit ate is comanetxikio tbo sans Mena as des permeate use,end does eat mete the fnor no of thepcxuxed ore. (01J Pe:tatmd provided them is on la-oersted 60.000rgoare+feet ofposs]oo:arum baildrup or busirne. (06;Honseto:d OM;dieted to singleo:u,attached acia:ic-fax]y ieclnd:al hr not limited oep-plan,Attached caadaa:eirwt,toa'chates androstoctet et a robitranat deas:n of 20 dwitiag tu:in;n me add acimcm dear:iyo',SO dvsetlr;tubs per ape (2:)W-Lelets one no ranched eoctoorot,ankh,l i3r,rye( see Chapel(6.0•00 (:1)All Penniaed end:ondrinool Usessubjen to s(citl dev'eloptaem.ceeda:d:cocuicedn It.t30 (20;Group brat;a in Eve et fewer resident pt'maned by nob;;:ottplivcg nib to or tote ten:Obi perrltt04 a:meditloul use. (SO;Pn-,•keen boodog edit puttied.Cone:n:ea ofp:e-os:ni;haling tsn t0 00,n um to ashen to no minimum of Gupta!1.0)0 I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus • Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 16 • • 18.520.040 Development Standards A. Compliance required.All development must comply with: 1.All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Sections 18310/asa#18320 4/A 18370; • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 17 • Section 18.705 ACCESS, EGRESS, AND CIRCULATION 18.705.030 General Provisions L Director's authority to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: 4.A decision by the Director per 18.705.030 K L.1.-3. above may be appealed by means of a Type II procedure, as regulated by Section 18.390.040, using ariteria contained in Section 18.370.020 C3. (Ord. 06- • 20, Ord. 02-33) 18.705.030 General Provisions J. Minimum access requirements for commercial and industrial use. 1. Vehicle access, egress and circulation for commercial and industrial use shall not be less than 2-1 as provided in Table 18.705.3; • t_• Vriicle access.egress and circulation for commercial and industrial use shall not be less th t4-1-as pro'ided in Table 18.705.3; TABLE 15.705.3 VEHICULAR ACCESS/EGRESS REQUIREMENTS: COMMERCIAL Al'])INDUSTRIAL.USES Required Parldng Minimum Number of Minimum Access Minimum Pavement Spaces Driveways Required Width 0-99 1 30' 24' curbs required • 100+ 2 30' 24' cwts required or 1 50' 40' curbs required • • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 18 • • Section 18.715 DENSITY COMPUTATIONS • 18.715.020 Density Calculation A. Definition of net development area. Net development area, in acres, shall be determined b subtracting the following land area(s)from the gross acres, which is all of the land included in the legal description of the property to be • developed: 3.All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: b. Multi family development:allocate 15% of gross acreage or deduct the actual private drive area. 18.715.030 Residential Densi y Transfer B. Underlying development standards.All density transfer development proposals shall comply with the development standards of the applicable underlying toning district unless developed under the provisions of Section 13.410 18.350, Planned Development. (Ord. 06-20) Section 18.730 EXCEPTIONS TO DEVELOPMENT STANDARD S 18.730.020 Exceptions to Building Height Limitations C.Building heights and flag lots. 2. The maximum height for an attached or detached single family, duplex, or multiple family residential structure on a flag lot or a lot having sole access from an accessway,private drive or easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2-1/2 stories or 3530 feet, whichever is less,provided: • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 19 S a . 18.765Off-Street Parking and Loading Requirements Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirement. Z.ble 15.75..2 SIP--aual armed 3ihcau u Ex-gain 011-.treed vebirle sad Bicicle Pnrtiv:Requirewraft(Caur:4 - 411\111111 ' • ZONEA - ZONE B- BICYCLE'-'' • . MOtOr Z'e ti 3t Fabte,d. h:ro:A°,-. Io SJa:'1'i,:Utz1 IX,':5,0 D 7.:411 aa:::.;thsu=.) 1.1-1.7::but ra •::-tea4 C' 2.3 3.0,C0.7.7.z:c Ins i::z 4.0 02,1,03 ralo sc•. h` ._i'c1:do5:nicinsR.vaa `0,':.c07 but aa?:st,tbaa?.3 2.34.)X'butrn1callean4 0 2.5'1.CCOb:2melaacsa4:0 02'i.037 Wick,Faal 5 a::: 3':r2.C.':4cicabav 4.01-2.0•::::.:::Fn. =::4.2.1;:ar.=ic:br. 0211,003 Office- =.7'_.00:1125) 3:=?1;) V; 5.1:LC:i0(NI) --.:LOD Medical/Dental Office 3i..91:.1:0)04) 4.Pi r7�:1?•^ 1.9.1-1X0;`yf) 0 4.1.0:0 5p.1. :m_4 NI' .a5 1,04 stung:u=11 1.0.4:tar:::._::s 1.3' v art- ^ii :GAG stern>-c:mac• • Wm.- z::ion':a..i:u• WOO aa112, nisi =Da EsDk. K1 strinl Seni: . 0. :1CO7 1...21.x:. 1.51.NO 0.1i1.033 Maw fac utinc/a. Productiva 1.:32.:-" '::.,1"? ].6':.COD(1)1.:, =UP O.= C•1:1.,033 Gtic:ral; s:iral 1-510)(NS) cau: Dr_a C.1:1.057 if ar; h1±1 tial Le•'c.0071^.5,, COW- Uiea t?.1::.C:o • Far aa2d Yards RT.O a011• 1.v+a CCD Reselrch.nut Dexr?c• •tat 2.0':.C37) • 101.5)0 3.8.1I-cC 05•'!.097 • Wastiixs>.e'1 reirat!.b:-meal ,-,11,11.7410 c3 ft 1.31 :t: C-.s 1:7}3 L .L:i:O GI 4,033 -151 i:.0:a`c C.3'1.4a 12."1 c.4.I.-x 11.2 0.5'1.1:410:74) VLie:te-lielated 5_0 7.0 100 micas. L1haltral&Sales 7r':.0O3 ..2.1;7:•. 1.8.1:110 0.14.005 o, --4:•ar:Parking vt.i.i.caikg Rap,.maws LE 755-18 SE: JYQS Proposed Text: Medical / Dental Office 18.765.030 General Provisions . G. Disabled-accessible parking.All parking areas shall be provided with the required number of parking spaces for disabled . persons as specified by the : e - . . Building Code State Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. 18.765.040 General Design Standards . D. On-site vehicle stacking for drive-in use. . 2: The Director may reduce the length of the inbound stacking lane by means of a adjustment to be reviewed through a Type I procedure, as governed by Section 1°.2,0x0.300 18.390.030,using approval criteria contained in Section 18.370.020.C.S.g. 18.370.020.C.7.g. . I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 20 • • 18.765.070 Minimum and Maximum Off-Street Parking Requirements F. Reductions in minimum required vehicle parking. Reductions in the required.number of vehicle parking spaces may be • permitted as follows: 3. The Director is authorized to reduce up to 10%of existing required parking spaces at a conversion ratio of one parking space for'each 100 square feet of transit facility for developments which incorporate transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or other transit-related facilities through a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.370.020.C.5.c. 18.370.020.C.7. 5e(./1A?$ �' • • • • • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_OS_06_2009 Attachment 1 Amendment Language.docx 21 • • Section 18.775 SENSITIVE LANDS 18.775.090 Special Provisions for Development within Locally Significant Wetlands and Along the Tualatin River,Fanno Creek, Ball Creek, and South Fork of Ash Creek A. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 666-023-0030)pertaining to wetlands, all wetlands classified as significant on the City of Tigard 'Wetlands and Streams Corridors Map"are protected. No land form alterations or developments are allowed within or partially within a significant wetland, except as allowed/approved pursuant to Section 18.775.130 or construction of streets and utilities within existing rights-of-way or expanded rights-of-way to City standards. This does not apply to new streets. • 18.775.020 Applicability of Uses:Permitted, Prohibited, and Nonconforming C. Exemptions. When performed under the direction of the y, and in compliance with the provisions of the GO of Tigard Standards and Specifications for Riparian Area Management, on file in the Engineering Division, the following shall.be exempt from the provisions of this Section: 5. Routine maintenance or replacement of existing public facilities projects or construction of streets and utilities within existing rights-of-way or expanded rights-of-way to City standards. This does not apply to new streets. 18.775.020 Applicability of Uses:Permitted, Prohibited, and Nonconforming E.Administrative sensitive lands review. 1.Administrative sensitive lands permits in the 100 year floodplain, drainageway, slopes that are 25% or greater, and unstable ground shall be obtained from the appropriate community development division for the following: a. The Ciy Engineer shall review the installation of public support facilities . . • • • . • • ; ., .... . ... _ _ , ,., . ,. , by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Section; • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 22 • • Section 18.220 ZONING ADMINISTRATION 18.220.020 Zoning District Map A. Consistency with zoning map. The boundaries of each of the foregoing districts as listed in Table 18.220.1 Section 18.500 and the zoning classification and use of each tract in each of said zoning district is perceived to coincide with the identing zone classification shown on the map entitled `Tigard Zoning District Map'; dated with the effective date of this title retained by the City Recorder and referred to as the `zoning district map."Said map by this reference is made a part of this title.A certified print of the adopted zoning district map or map amendments shall be maintained in the office of the Planning Division as long as the code remains in effect. • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 23 • Section 18.310 SUMMARY OF LAND USE PERMITS 18.310.020 Summary of Land Use Permits A. Summary Table. The table summaritiing the decision-making procedure and substantive approval requirements of each land use permit and related action is presented in Table 18.310.1 below: TABT.F 18.310.1 SUMMARY OF LAND USE PERMITS AND RELA'1 ED ACTIONS Decision-Malting Approval Other Development Land Use Permit;action Type Criteria Regulations Sensitive Lands ,18.775.020.E • Within 100-Year Flood Plain •II-HO 18.775.070B 1.775 • With Excessive Slopes III-HO3 18.775.070C 18375020.E 75 • Within Drainage Ways 11-HO3 18.775.070D .18.775.020.E 75 • Within Wetlands -HO3 18.755.070E 18.,75 Signs • Existing {Development Standards for Each • Modification of Existing ;Sign Type,per 18.780 • Temporary 18.780.100 Temporary Uses • Seasonal/Special Events 15.785.0404 18.78 • Emergency 15.785.0408 18.78 • Temporary Sales Offic /Home 18.785.040C 18.78' • Temporary Building 18.785.040D 18.7$. Tree Removal 18.790.050,4 13.790 • n • Perinitted.Uses' '+Mitigations No Altcrunttt:.II • on iona��sex ..,',,.; .. . 97 Land Division I I I Delete Section , 18.775.020.E Add footnote [4]: Type I procedures are reviewed with criteria of 18.775.020.E Type II and III procedures are reviewed with criteria 18.775.070.B. I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 24 • Section 18.510 RESIDENTIAL ZONING DISTRICTS 18.510.060 Accessory Structures A. Permitted uses.Accessory structures are permitted by right in all residential zones subject to the following: 2. Non-dimensional requirements: b.An accessory structure shall comply with all of the requirements of the — •'. E ..•. State Building • Code All accessory structures except those less than 120 square feet in size require a building permit; 18.510.020 List of Zoning Districts H. R40: T( High-Density Residential District. The R-40 zoning district is designed to accommodate existing housing of all types and new attached single family and multifamily housing units with no minimum lot size or maximum duty.A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 25 • SECTION 18.640 DURHAM QUARRY DESIGN STANDARDS 18.690.070 Rcscmcd 18.640.070 Signs A. In addition to the requirements of Section 18.780 of the Development Code, the following standards shall be met: 1. Zoning District regulations. Residential only developments within the MUC-1 shall meet the sign requirements for the R-40 zone Section 18.780.130.B; non residential development within the MUC-1shall meet the requirements of the C-P zone, Section • 18.780.130.D. 2. Sign area limits. The maximum sign area limits found in Section 18.780.130 shall not be exceeded, no area limit increase will be permitted. 3. Height limits. The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not extend above the roof line of the wall on which the sigaVt located. No height increases will be permitted. r 4. Sign location. Freestanding signs within the Durham Quarry shall not be permitted within the required L-1 landscape areas. I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 26 • • Section 18.710 ACCESSORY RESIDENTIAL UNITS 18.710.020 Standards B. Limitations.An accessory residential unit is permitted providing there is compliance with all of the following standards: 3. The number of residents permitted to inhabit the accessory residential unit is regulated by the 6 .:• State Building Code; Section 18.742 HOME OCCUPATIONS 18.742.040 General Approval Criteria and Standards A. General criteria.All home occupations except those that have proven nonconforming status shall observe the following criteria in addition to the standards established for Type I and Type II Uses described i ec on 18.742.050 of this Section. � ',t{i � /, , 5.A home occupation shall not make necessary a change in the LinOrM—Bii. se issification of a dwelling unit.Any accessory building that is used must meet — : -••- E .:• State Building Code requirements; Section 18.745 LANDSCAPING AND SCREENING 18.745.050.E. Screening:special provisions. 3. Screening of swimming pools.All swimming pools shall be enclosed as required by City of Tigard Building Code State Building Code; 18.745.040 Street Trees G. Granting of adjustments.Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section 18.370.020.C.1.b. 18.370.020.C.6.b. I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 27 SECTION 18.798 WIRELESS COMMUNICATION FACILITIES 18.798.060.B. Review criteria.Any use subject to review per Section A above, shall be evaluated using the following standards: . 3. Setbacks: Towers shall be set back from the property line by a distance equal to the height of the tower.A Type II adjustment may be obtained to reduce this setback, subject to criteria of approval contained in Section 18.370.020.C.8a10 Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.080 Exceptions to Standards 18.360.080 Exceptions to Standards D. Exceptions to landscaping requirements. The Director 41 may grant an exception to the landscaping requirements of this code, Section 18.120.150, 18.360.070.B.4 upon finding that the overall landscape plan provides for at least 20 of the gross site to be landscaped. 9 1.8.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or or modification of an.approved plan or existing development, as defined in Section 18.360.0304, 18.360.020 shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 28 • Section 18.410 LOT LINE ADJUSTMENTS 18.410.040.A Approval Criteria 4. With regard to flag lots: b.A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Section/18.745.940-.050. Screening may also be required to maintain privay for abutting lots and to provide usable outdoor recreation areas for proposed development. Section 18.760 NONCONNFORMING SITUATIONS 18.760.040 Criteria for Nonconforming Situations D. Nonconforming use of structures 2. If a single structure or a structure and premises containing a number of lawful uses (except for a single accessory structure) existed as of March 16, 1983, and those uses would not be allowed in the Zoning district in which they are located, or which are nonconforming because of inadequate off-street parking, landscaping or other deficiency (under the terms of this Section or amendment thereto), the lawful uses may be continued so long as they remain otherwise lawful, subject to the following provisions: e. When the use of the structure, including all uses, is discontinued or abandoned for three months, the structure and premises shall not thereafter be used except in full conformity with all regulations of the Zoning district in which it is located. For purposes of this Section, a use shall be deemed to be discontinued or abandoned upon the occurrence of the first of any of the following events: • • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 29 INu TIGARD REQUEST FOR COMMENTS DA'lli: May 15, 2009 RECEIVED PLANNING TO: Todd Prager,City Arborist MAY 2 6 2009 FROM: City of Tigard Planning Division CITY OF TIGARD - STAFF CONTACT: Dick Bewersdorff,Planning Manager (503) 718-2432 or dick @tigard-or.gov Fax: (503)718-2748 I DEVELOPMENT CODE AMENDMENT (CPA) 2009-00003 LEGISLATIVE UPDATE: Tigard Omnibus "Housekeeping" Items REQUEST: The City is requesting approval of forty seven Development Code Amendments to promote consistency among the Code Sections. These "housekeeping" items are from Code Chapters 18.120 Definitions; 18.780 Signs; 18.330 Conditional Use; 18.350 Planned Developments; 18.385 Miscellaneous Permits; 18.390 Decision-Making Procedures; 18.430 Subdivisions; 18.520 Commercial Zoning Districts; 18.705 Access, Egress, And Circulation; 18.715 Density Computations; 18.730 Exceptions To Development Standards; 18.765 Off-Street Parking And Loading Requirements; 18.775 Sensitive Lands; 18.220 Zoning Administration; 18.510 Residential Zoning Districts; 18.640 Durham Quarry Design Standards; 18.710 Accessory Residential Units; 18.742 Home Occupations; 18.745 Landscaping And Screening; 18.798 Wireless Communication Facilities; 18.760 NonConforming Situations; 18.410 Lot Line Adjustments; 18.360 Site Development Review. LOCATION: Citywide. ZONE: The proposals are not applicable to a specific zone, property or group of properties. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130, 18.380, 18.390. Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2: Land Use Planning. Metro Functional Plan: Metro Code Sections 3.07, Urban Growth Management Functional Plan. Statewide Planning Goals 1 and 2. Applicant's Materials are available online at http://www.tigard-or.gov/city hall/departments/cd/code amendment.asp 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: Wednesday,June 3, 2009. 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 as 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: - / k 6.r.-/4 e,mir..c•.41 ;4 I', . 775 adrt 6,Ag,,„ L �k, 'k 7Lrr's r' ici- or-,_,..71, w ,S 1 rcC1 G/1(1Po-r r Jje. tied ,h e'ck.IeaSit- 4I o /o- 775 Zook) /,`L 1J:-c /r-•re IL., c, 4 1,0.,,e%rl.kq d . Name&Number of Person Commenting: 41") 0. ! 1 1,1 TIGARD REQUEST FOR COMMENTS DA'Z'E: May 15.2009 TO: Brian Rager,Assistant Public Works Director FROM: City of Tigard Planning Division STAFF CONTACT: Dick Bewersdorff.Planning Manager (503) 718-2432 or dickCaltigard-or.gov Fax: (503)718-2748 DEVELOPMENT CODE AMENDMENT (CPA) 2009-00003 LEGISLATIVE UPDATE: Tigard Omnibus "Housekeeping" Items REQUEST: The City is requesting approval of forty seven Development Code Amendments to promote consistency among the Code Sections. These `housekeeping" items are from Code Chapters 18.120 Definitions; 18.780 Signs; 18.330 Conditional Use; 18.350 Planned Developments; 18.385 Miscellaneous Permits; 18.390 Decision-Making Procedures;18.430 Subdivisions; 18.520 Commercial Zoning Districts; 18.705 Access, Egress, And Circulation; 18.715 Density Computations; 18.730 Exceptions To Development Standards; 18.765 Off-Street Parking And Loading Requirements; 18.775 Sensitive Lands; 18.220 Zoning Administration; 18.510 Residential Zoning Districts; 18.640 Durham Quarry Design Standards; 18.710 Accessory Residential Units; 18.742 Home Occupations; 18.745 Landscaping And Screening; 18.798 Wireless Communication Facilities; 18.760 NonConforming Situations; 18.410 Lot Line Adjustments; 18.360 Site Development Review. LOCATION: Citywide. ZONE: The proposals are not applicable to a specific zone, property or group of properties. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130, 18.380, 18.390. Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2: Land Use Planning. Metro Functional Plan: Metro Code Sections 3.07, Urban Growth Management Functional Plan. Statewide Planning Goals 1 and 2. Applicant's Materials are available online at http://www.tigard-or.gov/city hall/departments/cd/code amendment.asp 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: Wednesday,June 3, 2009. You may use the space provided below or attach a separate letter to return your, onnments. If you axe unable to respond by the above date, please phone the staff contact noted above with your coMmerits and confirm your comments in writing as 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: VAxAAPP L -cv Ste. ttif -t.c., �P( , _ ►ti n1 Tw►J . E■•t∎k" To b 4- /�- DRT> t o`t, ?""e 1� Name&Number of Person Commenting. X ?Al 4 • • • City of Tigard Notice of Proposed Amendment Attachment 1: Amendment Language: DCA2009-0003 Omnibus Code Amendment — Housekeeping Items (Bold and underline text indicates proposed new language and Gtrikc through indicates language proposed to be deleted.) SECTION 18.120 DEFINITIONS 18.780.015 Definitions A. Definitions.As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions, and are as follows: • 7. `Bench sign" ._.; . ; ;. ... ; ; ;.;: • ,. .._• , ., - • • ; ;; _ : means a bench designed to seat people with a sign painted or affixed on the surface. 18.120.030 Meaning of Specific Words and Terms A. For additional words and terms, also see Use Classifications(Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755);Sensitive Lands(Section 18.775);Signs(Section 18.780);Tree Removal(Section 18.790);and Wireless Communication Facilities(Section 18.798).As used in this title, the following words and phrases mean: 4. `Accessory building or structure"-A freestanding structure whose use is incidental and subordinate to the main use of property Lan—el—is located on the same lot as the main use and is freestanding or is joined to the primary structure solely by non-habitable space as defined by the State Building Code. 6. `Addition"-A modification to an existing building or structure which increases its height or increases the site coverage. A structure is considered an addition only when it shares a common wall with and is structurally dependent on the primary structure. (See also "Accessory building or structure" and "common wall") 43. "Common Wall" —A wall or joined walls that share a boundary to provide separation of interior spaces. For vertical additions, a floor/ceiling assembly is the a shared boundary separating spaces. 54. `Density"-The intensity of residential land uses, usually stated as the number of hPusj'n�units r acre and defined in Section 18.720. 18.715. �d �ewsr�- -S 117. "Public support facilities"—services which are necessary to support uses allowed outright in the underlying zone and involve only&nor structuressuch as underground utilities and construction of roadway improvements including sidewalks,roadway curbs, streetlights, and driveway aprons.power lines and poles.phone booths.fire hydrants. as well as bus stops, benches and mailboxes which are necessary to support principal development. I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 1 S • Section 18.780 SIGNS 18.780.015 Definitions A. Definitions.As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions, and are as follows: 8. `Billboard"means a freestanding sign in excess of the maximum site allowed, with adjustments, in the locations where it is located or proposed to be located. Billboards are prohibited by Tigard Code Section 18.780.070.M: Certain Signs Prohibited. • 18.780.020 Permits Required C. Compliance with 6 State Building Code. Separate structural permits under the . •. E .:. State Building Code shall also apply. • 18.780.070 Certain Signs Prohibited B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the Uniform Building Code State Building Code or this title. 18.780.140 Sign Code Adjustments A.Adjustments. The Director may grant an adjustment to the requirements of this Section by means of a Type I or Type II procedure, as governed by Section 18.390, using approval criteria in Section 18.370.020 C.6. 18.370.020 C.8. 18.780.130 Zoning District Regulations E. In the C-N and C-C zones. No sign shall be permitted in the C-N and gBG C-C tones except for the following: • • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 2 • I Section 18.330 CONDITIONAL USE 18.330.020 Approval Process E. Approval period. Conditional use approval by the Hearings Officer shall be effective for a period of 1-1/2 years from the date of approval. The conditional use approval by the Hearings Officer shall lapse if: 1. Substantial construction of the approved plan has not begun within a one and one half year period; or 2. Construction on the site is a departure from the approved plan. 18.330.020.C Minor modification of approved or existing conditional use. 2.An applicant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.010 18.390.030, using approval criteria in SubSection C3 below. I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_OLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 3 • • • . TAB I.F, 18.390.1 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE Type Permit/Land Cross-Reference(s) II(18.390.0401 Access:'Egress Adjustment 18.370.020 C3b CoiuiitidnaLtzseMinur\dnrlificatijin 1&a 30 I T-, I W[iL•�1.4 F40113nS o_•U1.4 7w ar aACI."L9n-11uCS:trccc; 11rss. TABLE 15.390.1 •StM iARVOz PERMITS BY TYPE.OFDECISION-MAKING PRO '•`DURE. Tape PermitLrnd Ceas:'-Defer rers(=7 1(L: 3e4.0?7.) _4o:as: : 1.-710 Day alacanontA.3tn nla=;s 1S.3 7C : J ' • Lnndi¢apiac AdvasGVnl; - Driviost swat't:aer '8.370.010C4?.15.745 - `:a::Str.oet Tie;: 15.375.17)23 411: 15.74! • Le:Li=•A.6jurmanz '3.4 10.(4) Mini=um Rasadentia1 De si-•;:?&rases oni 1.:•.:17G 02C C_';`5;.41C.11.7:5 NN'c_cc.f:•rai_t L'so u=rmariaa 13..03.9 t::5.'f0 P-tens?.,cijus.zaoat:. - Reductfam c.Minautn P•rriinc '..:ic: 18.370.01J GS:<;11..755 i Ex,rier±:ts Docolcpmc; rzast+ re_ - Radustian_Surd:ing L,se.Q 'nxh 1..3'G.<<:J CSg; :5.761 5i1'_: - 13.730 - Exis•ana 1:1.710 jr S ;Oeeel:nQux'P:S-..a ..7.aji:tcat%an 11360.0D _o, w. ::17>... - L-sos 15.765 - Se-sSauaL EcCi` Vr::: IS.765 - Tacvarzrs•H.'alias, ts..785 - Tempi:tun: 'es OffiE:a•Boma 10.755 re:lY..0u1,1:Z • Rerac.•:1.3d;':.sIJ:_1 13_3'O.C-2-D 07:t..79C - Romc -Pcros::t 1&'790 4:i_olos*Ce_sm•_ai.criio_:E-xci!icv:-- 15:370.04J CS'S: :579S !:;:bar. •cmn Or1hxT7a•a:: Conditional Use/Minor Modification 18.330.030 • Dcais:ar-it eriny,Procedures 1 3994 SZE Update: .1441 • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_final_05_06_2009 Attachment 1 Amendment Language.docx 4 • • . Section 18.350 PLANNED DEVELOPMENTS 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: 4. In addition, the following criteria shall be met: m. Shared open space facilities:These requirements are applicable to residential planned developments only. 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 b 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. • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus • Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 5 • • • Section 18.385 MISCELLANEOUS PERMTI'S Section 1Q 385 • MISCELLANEOUS PERMITS S �s 1 -- - . a ! p . -- _ - - e - r - .. • 1 1 • - - . - -- •- _ - . -• • - I - - - -- . . • - - P - -- • A. Critcria for historic overlay district designation. stated in Scction 18.710.010,Purpose; a. the community, state or nation; state or local history; architectural specimen inherently valuable for a study of a.period, style or method of construction; or c. The proposed site or arca is a notable work of a mastcr builder, designer or architcct. 2. The age of a specific building is not sufficient in itself to warrant designation as historic. designation shall be made by means of a Type IIIB proccdurc, as governed by Section 18.390.050, mete 1. The original historic overlay district desi• . : . a a- -- • - - : ; to the public; or 4. The historic overlay district designation is causing the property owner to bear an unfair economic burden to maintain the property as an historic or cultural resource. district shall be granted by means of a Type II procedure, as governed by Section 18.390.040, by the Director using the following criteria: the purpose of the historic overlay district ass- a . .- - ..- .'e.e e, 3. The value and significance of the structure or landmark in an historic overlay district; and materials proposed to be used with an existing stnictare in an historic overlay district I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 6 S • historic overlay district shall be granted by means of a Type II procedure, as governed by Section • 18.390.010,by the Director using the following criteria: 1.The purpose of the historic overlay district as set forth in Section '8.710 010; 3.The visual effect of the proposed new structure on the architectural character of the district;and granted by means of a Type II procedure, as governed by Section 18.390.010,by the Director using the following criteria: 2. The criteria used in the original designation of the district in which the property under consideration is situated; 3.The historical and architectural style, the general design, arrangement,materials of the structure in question, or its appurtenant fixtures; the relationship of such features to similar features of the district which cause it to possess a special character or special historical or aesthetic interest or value; and 5. Whether denial of the permit will subject the City to potential liability,involve substantial hardship to the applicant, and whether issuance of the permit would act to the substantial . ..• • A. Type I home occupation permit.A Type I home occupation permit will be processed by means of a Type I procedure, as governed by Section 18.390.030, after a demonstration that the proposal complies with all development criteria in Sections 18.712.010A and 18.712.050 Al. - • .. .. . - - ..- - . •. • . . 1 . the following approval criteria: 1. Is in conformance with the standards contained in this Section; and 2. Will be subordinate to the residential use of the property; and 3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or C. Conditions of approval.The Director may impose conditions upon the approval of a Type II home occupation permit to ensure compliance with the requirements of this Section.These conditions may include, but are not limited to,the following: 1—Further-Iirniting-the-hours;days place and-manner-of-ope o:3; 2. Requiring site and building design features which minimize environmental impacts such as noise, vibration, air pollution,glare, odor and dust; 3. Requiring additional building setbacks, and increased lot area, depth or width; 4. Further limiting the building area and outdoor storage used by the home occupation and restricting the location of the use on the site in relationship to adjoining uses; 5. Designating the size, number,location and design of vehicle access points; 6. Requiring street right of way to be free at all times of vehicles associated with the home occupation; 7. Requiring landscaping, buffering and/or screening, of the home occupation from adjoining uscs and establishing standards for the continued maintenance of these improvements; 8. Requiring storm drainage improvements, and surfacing of parking and loading areas; I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 7 - accommodate thc homc occupation; 10. Limiting or setting standards for the location and intensity of-outdoor lighting;• 1 1. Rcquiring and dcsignating thc size, height and location of f c- - 1-: --. - •• -- _ - construction; comply with the purposes stated in Sections 18.745.040 and 18.742.050. D. Grounds for revocation. The Director may: complied with and thc homc occupation i3 otherwise being conducted in a manner contrary to this Section. measures to be taken to ensure compatibility with the ncig a: ;;; .-; ;- a --. - - - - - Section after reviewing a complaint. Complaints may be originated by the City of Tigard or the as= a. Generation of excessive traffic; b. Exclusive use of on street parking spaces; c. Other offensive activities not compatible with a residential neighborhood. E. Cessation of home occupation pending re •- •• - . - .. a :• -- = - : -- a rca3onable discretion, that thc home occupation in question will affect public health and safety, the of these standards, a minimum period of one year shall elapse before another application for a-retire occupation on the subject parcel will be considered. her residence. .a a • . -• _ - : - . criteria shall be used by the Director to issue a confirmation of legal nonconforming use: following: a. Copies of building and/or land use permits issued at the time the use was established; b. Copica of zoning code provisions and/or maps; c. Demonstration that thc use was established before the first development code for the community was adopted. following evidence for every other year from the time the use was established until the current a. Utility bills; b. Income tax records; c. Business licenses; c. Advertisements in dated publications, e.g., trade magazines, and/or; I, ! - - .• • ► . -. • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 8 • • 18.775, must obtain a permit in ccrtain situations. Depending on the nature and intensity of the proposed activity within a sensitive arca, either a Typc II or Type III permit is requited, as delineated floodplain, arc presentcd in SubSections B E below. . - :aa . .: a. -.- . - ee . !aaaa . a: . .:: :.. . . a .-- a.: •. criteria have bccn satisfied: 1. Land form alterations shall preserve or cnhancc the floodplain storage function and maintenance of the zero foot rise floodway shall not result in any encroachments,including fill, new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in flood levels during the base flood discharge; 2. Land form alterations or developments within the 100 year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that support facilities as defined in Section 18.120 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards; 3. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100 year flood; accordance with the adopted pedestrian/bicycle pathway plan,unless the construction of said pathway is deemed by the Hearings Officer'as untimely; r. r• 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; and 7. Where land form alterations and/or development are allowed within and adjacent to the 100 year • floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a accordance with the adopted pedestrian/bicycle pathway plan. C. With excessive slopes.The appropriate approval authority shall approve, approve with conditions or deny an application request for a sensitive lands permit on slopes of 25% or greater or unstable 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; • 2. The proposed land form alteration or development will not result in erosion, stream 3=The -tcrue-tures arc appr:: • - • -a ; .- a-- - . : -- . - . . - . ..-. : : conditions:wet/high water table;high shrink swell capability; compressible/organic; and shallow depth to bedrock; and 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Section 18.745,Landscaping and Screening. -- - - - - - - - - - -- - - - - -- - - - -- - - -- - -- -- -- - - - di s t u r b a n c e s to the extent greater than that required for the use; I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment Final 05 06 2009 Attachment 1 Amendment Language.docx 9 • • 3. The water flow capacity of the drainagcway is not decreased; not covcrcd by structures or impervious surfaccs will bc rep ; - •; ; _ - - : _- accordance with Section 18.745,Landscaping and Screening; flow in accordance with the adopted 1981 Master Drainage Plan; Lands approvals shall bc obtained; and . - •- . : : .: : : : . :: . .: . .. . -: .: . -- : .-- !: • floodplain, the City shall require the dedication of sufficicfrtopen land arca within and adjacent to accordance with the adopted pedestrian bicycle pathway plan. . E. Within wetlands. The Director shall approve, approve with conditions or deny an application request bccn satisfied: . .. : - - - ---- -- ----- - - - - - ---- --- - - - -- ----- ----- - - - -- --- --- o f such a wetland; eke-extent and nature of the proposed land form alteration or a- • • ------ •. -: • - - wetland characteristics have bccn mitigated; control provisions of the Surface Water Management program of . - -: a- a. - -• -- • -- 5. All other sensitive lands requirements of this Section have been met; 6. The provisions of Section 18.790,Tree Rcmoval, shall bc met;and 7. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have bccn satisfied. - - - - -- .. .-: - - criteria arc satisficdh 2. The use is permitted in the underlying zoning district; needed by the property owner to meet his/her minimum parking requirement, as governed by Section 18.765, Parking and Loading. 5. The use will provide adequate vision clearance, as governed by Section 18.795,Vision criteria arc satisfied: I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 10 ! severe damage by the elements to a prc existing structurc or facility previously occupied by the applicant on the premises for which the permit is sought; provide adequate and immediate health care for a relative who needs close attention who would otherwise be required to receive needed attention from a hospital or care facility; 3. The applicant has bccn evicted within 60 days of the date of the application from a prc existing occupancy of the premises for which the permit is sought as a result of condemnation proceedings public body or court having jurisdiction that the continued occupancy of the facilities previously occupied constitutes a nuisance or is unsafe for continued use;or -- - a--- - a-- : -; --; a .:;ncy rights by the applicant due to unforeseeable circumstances or other hardship beyond the foresight and control of the applicant; 5. There exists adequate and safe ingress and egress when combined with the other uses of the property, as required by Section 18.705,Access,Egress and Circulation,and Section 18.795, Visual Clearance; 18.765,Off Street Parking; 7. The use will not result in congestion on adequate streets; • 9. The use will not create adverse off site impacts including noise, odors,vibrations,glare or lights which will affect adjoining use,in a manner which other U3C allowed outright in the zone,would not affect adjoining use; and 10.The use can be adequately served by sewer or septic system and water,if applicable. C. Temporary sales office or model home. By means of a Type I procedure, as governed by Section • 18.390.030, the Director may approve, approve with conditions or deny the u3c of any real property • within the'City as a temporary sales office, offices for the purpose of facilitating the sale of real property, or model home in any subdivision or tract of land within this City,but for no other purpose, • provided the following criteria are satisfied: 1. Temporary sales office: a. The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold;and b. The property to be used for a temporary sales office shall not be permanently improved for 2. Model house: a. The model house shall be located within the boundaries of the subdivision or tract of land where the real property to be sold is situated; and structure. D.Temporary Building. Using a Type II procedure, as governed by Section 18.390.010,The Director any real commercial or industrial property within the City as a temporary commercial or industrial the following criteria are satisfied: 1. The temporary trailer shall be located within the boundaries of the parcel of land on which it is located; 3. There exists adequate and safe ingress and egress when combined with the other uses of the Visual Clearance; 18.765, Off Street Parking; I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 11 • would not affect thc adjoining uses; hardship. • ,! . ! - - • - _ • - -- : ,-a: : - . . : a a. - �. a- : . .- : -- lands: . • - : • . : - - .. . : - - .. - a--- -, :. . :..-., a. - . - "- _ . : g: . - - : • a: --- -• ; : : a :.. .: - 'a ••-; . -.: - : . :. :. a s3 than a 75%canopy cover or no lesa than thc existing canopy cover if thc existing ca-a a • : --- .-1 - ° •• B. Effective datc of permit.A tree rc -: • a datc of approval. - --a • ; a : - , : -- - .: - --- .• . - - e. a --: -- . -:a:; • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 12 • • Section 18.390 DECISION-MAKING PROCEDURES 18.390.080 General Provisions E. Director's duties. With regard to processing applications submitted under this Section, the Director shall: 3.Accept all development applications which comply with the provisions of Section 18.380.080 C3 18.390.080.D.3. 18.390.050 Type III Procedure C.Notice of hearing. 1. Mailed notice.Notice of a Type II Administrative Appeal hearing or Type III hearing shall be given by the Director in the following manner. a. At least 20 days prior to the hearing date, notice shall be sent by mail to: (1) The applicant and all owners or contract purchasers of record of the site which is the subject of the application; (2) All propery owners of record within 500 feet of the site; (3) Any affected governmental agency which has entered into an intergovernmental agreement with the City which • includes provision for such notice, or who is otherwise entitled to such notice; (4) Any City-recognized neighborhood group or comm994u0 organization recognicd by the City Council • afed whose boundaries include the site; (5) Any person who has submitted a written request, and who has paid a fee established by the City Council; and (6) In actions involving appeals, the appellant and all parties to the appeal. 18.390.060 Type IV Procedure D. Notice of hearing. 2. Notification requirements.Notice of the public hearings for the request shall be given by the Director in the following manner: a. At least ten days prior to the scheduled hearing date, notice shall be sent to: (1) The applicant; (2) Any affected governmental agency; (3) .. . •. , _ -•. ,, -• , a , , .• Any City-recognized neighborhood group whose boundaries include the site;and (4) Any person who requests notice in writing and pays a fee established by Council resolution. I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 13 • • Section 18.430 SUBDIVISIONS 18.430.030 Approval Process B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Section 18.390, using approval criteria contained in Section 18.130.080 18.430.070 • • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 14 • Section 18.520 COMMERCIAL. ZONING DISTRICTS • • TABLE 13.520.1 • USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N'11 C-Chl C-G C-P CBD 1fUEt''1 MUG-1 MUC'"I MUE MUR. 1 and 21ts 1 and 2t2s3 RESIDENTIAL HouseholdL.�'ine N R11 Ro.,j pt:>I :VI p17:; Fr='I P P P Group Litine N N C N ? N C RI`'/C. R"'':C ?i'C Transitional Eonsit e N N C N C N C C C C Home Occupation R."I Rill pr'` pit) R.:I RI:) n Ri=1 girt RI.1 HOUSING TYPES Sin 1e Units,Attached NiA N/A NeA NIA VA N/A NiA. R"°1 Rt'"t P Sin ei Unin,.e:ached N/A N/A VA N/A VA N/A NIA Rtwl Ru:l Rli:$ AccesscavUnia NiA N/A N/A NIA NIA NIA NIA lei pt?.I RI':. Duplexes VA N/A N/A. NA NIA N/A N/A R1"1 Ri'1 P Muni-familyUvia NIA N/A N/A N/A VA NA NIA P P P ManufactttredCnits NA NA N/A N/A N::A NIA N;A. N N N Mobile Home Parks.Subdivisions N/A N/A VA N/A VA N/A N'A N N N • CIVIC(INSTITUTIONAL) Basic Ut?:itie5 C N N C C C C Ct'"1 C':1 Cl'''' Calleees N N N N N C C C C C • Cotnntvty R.eaeacion N P K N P C N P C C Central Institutions P P P P P P P P P N Day Cate P P F F P P P P P P,YS"I Etneeeencv Services P P P P P P P P P N Medical Centers C N C C C C C C C C Postal Service P P P P P P P P P N Pablic Support Facilities P P P ? P P P P P P Re::eiors Institutions C C P c P P o P P C Schools N N N N N C C C C C Scctal•?ratetna:Clubs lodges C C P P P P ? P C COM ERCLkL' • Commercial Lodgine N N P R'' ' P P P P N Eating and DrinkineEstablishments C P P R'''I P P P P P RI''"`I Cork d Zaning Districts 18.5 5 Code L'pdtue_ 10/02 mendments: Existing: "C" (conditionally permitted) Proposed: "P" (Permitted Outright) I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 15 • • • • 18.520.030 Uses C.Accessory structures. 1. Accessory structures are permitted in all commercial zones providing the site is still in compliance with all development standards, including but not limited to setbacks, height, lot coverage and landscaping requirements, of the base :zone.All accessory structures shall comply with all requirements of the . :--- : - .'•. State Building Code All accessoj structures except those less than 120 square feet in site rctiquire a building permit; • TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES • Footnote [13J ., P. • . ,, • • r e • - Triangle and Bull Mountain Road district. Footnote [21]Multi family residential, at 25 units/gross acre, allowed outright. Pre-existing detached and attached single family dwellings are permitted outright. l TABLE 18.5 20.1 USE TABLE CO?DIERC1AL ZONES t USE CATEGORY C-Nrlrl C-CA=I C-G C-P CBD S1UP`'' \ACC-1 S1UCl°l dill 3ILR r 1 and 2101 1 and 219 • Detention Facilities N N C N C N N Heltperts N N C C C N N Mina N N N N N N N Wireless C:on:unnrication Facilities PRE'''' P:R"I Pu"2l'7 P/P"r RV' FR"' Pal-') Rail LinesZtility Corridors P P P P P P Other ON C+"'r NA NA CO', NA NA P°Perauitted R=Restricted C- cinditicnal Use N=Not Peatnitted [1] A11(waited and condimvi on abject toapecaleft-040;7J=standard:smarmed m faction 135:005011. (2) Re-.mined raja:he requitement f Ulna 14.942. (:) See Chap.12.'96 trio:its COmmuucoti r Feail:net.regionnoa for permitted rad:esnxud(gannet (a) Oboe apeman;before-AO.LK and at after 10 0D PM are:m6aanel sues. (51 AC petmined.i'niredaad cmdnmel Lite mat meet tpecul deselogment eundrrdu m herum16.520.050.3. (5) 5.eirdSJal'Al:i permitted by ugh:.at totted Line in con:unction with a comm Taal des Cornxa,me.above the anal floc of the trait Tate.et deatatr form atretd 12 uthatu i tare, ('f tonal m 10.010 poet spare fen to err.wept seta:ifood and loving.title,,.Ott.itO tattoO to 40,00D{rots square feat atlas. (1) loused no moms sidsle deauug only. (9) When rambteed as tatle concur..each squaw•suabtihmau shall not eaceH 5.003 pots Kan lea. (20)o r.,ap noting befog.640 AM tad or afar.1100 PM:aenive-q windows are oasttmol ones (11)A ties -tarp cur pro»ding that tt it located en the same she with a petacrted or coaiirmual um m and is occupied eahtsicely by a tamales or euper5tetient of the peslued a candidate)use.Multi-`family 2md04 in pe3ned al pen of a PD.tuba.t to C hops!t If 0. (12)Cleaning,axles rid:epee of them vohu:et atd ttm eft:pure:1 peuriaedomight.salts and;tonal ofhoars'vehicles wed tume:ioipxe,med•or mange ofraniemrael vehicles And boasptmrrl cmAianell_:. (13)Muhi-fenJy set:deu:al unite.dating,.en 9,-*aa:Ludt.as a nfced-s e in conjunction with con=ce:nial development m a ab se the secotsl foot of the untrue.only in the 230 Maio within the Tipaad Tuasc]e tad Bull M tare Road thotot. [14)Resonant pirated with,00necac in toe iccouaxbo taint anon ate vuto panel as a Loner:sal lodeteg use. (III As ace-,tary no-Arlan or aster perndual rise.the total space devoted to a combination of read sax.'Ma utmgrdncictp esutliItoents may not rased more lima 201:e2 the nth.Kart Romp ern.the d.velapmtcrcoasiet. [16]May not voted 10::of Mlle total square footage widdr on o(Bce remplen. (12)Sicy le-faaoty attached ad mold-fasty resideeral mitt developed nR.-0 smoderds,eeceptthe tree Sodded by Beano Creek.(Lt Balevend.O'drag.Ash Avenue ant HID Sraet width whirls property zoned for CBD Sevelapaoant whist dull to designated P:12 v end dull be developed as planned d,c elopueons lc ceaiotaaoce with the A-i'Owen staadarde. (IS]Moths vehicle cleaning y. '10)Deve-apmndcws permitted ccad.oaca. (10)At;emit.]and conditional uses aa0ject to special develapsaa nudndt contained in Sectiotl5.525950.C. (213 hdnti-famfyraµden del.at 25 nu:vpre.acre,allowed manta.Pro.ocasrsp disked sinple.fa y IntImp ct remitted oc:fgl_ (2))New Rood nn_set,woes may not grated 50.04 pees leasable gaga pet btudap with the We Onto:t Regional Center er Tigard"rumple accept for thatth onto.aoetd C-0 a:the cot the MU!roux: detain was adoptedm the Tigard Trnc.le [13)AS amnia assxta°d with du tut.000091employeeaad mumer primp.shall be contained mem rn.:liagt. (N)Rammed at eaceteory to a.peretiuedsse a a Roo a a this suet mumr.o within the tonne tudiinp as nth remitted use,and doer not tuned the Ofoorsea ofrbeptv2tred tae. (20;Permitted provided tteueu no lazes then 60.06D swim Sentofgiass NWT arum lvildoaoe butmnr. [26)i?etaetoid t:ior!Mimi to sinpletmitt crated,artmaf-feody Incl ding('a net limited in eparnentr.attached noralmardsult,townhoueu end rollout.at a mnbm=density of'25.dwiltog min ge•ac.•e and a maximum decftyof S0 d ve2ing st03 per am. 3lr Siceies:toe.es atrubed ca mum.weth:ulelyti Ems see Ctap:c 11.5900. (10 Allpena0ued AMC oneLime!Les subjecem epadot decelopusea stantort:roeuieedn 10.130 p (24 P.m 1.1:eg w stir fine or two reaidecta emitted by riplut pips/hug with sit r,more rends=ne:mi000 a ca00idaral use. rF nit a?.-rdsccr eo_dnp mitt pmetet Conte:emofpretcsfup unclog nets tooter suet a mbyat:to to t*.gticoeew of Gupta n 630. I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 16 • • • 18.520.040 Development Standards A. Compliance required.All development must comply with: 1.All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Sections 18.310 and 18.320 • 18370; • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 17 • • Section 18.705 ACCESS, EGRESS, AND CIRCULATION 18.705.030 General Provisions L Directors authority to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: 4.A decision by the Director per 18.705.030 K L.1.-3. above may be appealed by means of a Type II procedure, as regulated by Section 18.390.040, using criteria contained in Section 18.370.020 C3. (Ord. 06- 20, Ord. 02-33) 18.705.030 General Provisions J. Minimum access requirements for commercial and industrial use. 1. Vehicle access, egress and circulation for commercial and industrial use shall not be less than 2-1-as provided in Table 18.705.3; • 1. Vohicle access.egress and circulation for commercial and industrial use shall not be less •tit m?4-es pro ided in Table 1 8.705.3; TABLE 15.705.3 VEHICULAR ACCESS/EGRESS REQUIREMENTS: COAIMERCLAL AND INDUSTRIAL USES Required Parking Minimum Number of Minimum Access Minimum Pavement Spaces Driveways Required Width 0-99 1 30' 24' curbs required • 100+ 2 30' 24' curbs required or 1 50' 40' curbs required • • \CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 18 • • Section 18.715 DENSITY COMPUTATIONS 18.715.020 Density Calculation A. Definition of net development area. Net development area, in acres, shall be determined b subtracting the following land area(s)from the gross acres, which is all of the land included in the legal description of the property to be developed: 3.All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: b. Multifamily development:allocate 15% of gross acreage or deduct the actual private drive area. 18.715.030 Residential Density Transfer B. Underlying development standards.All density transfer development proposals shall comply with the development standards of the applicable underlying zoning district unless developed under the provisions of Section 18.140 18.350, Planned Development. (Ord. 06-20) Section 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 18.730.020 Exceptions to Building Height Limitations C.Building heights and flag lots. 2. The maximum height for an attached or detached single family, duplex, or multiple family residential structure on a flag lot or a lot having sole access from an accessway,private drive or easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2-1/2 stories or 3330 feet, whichever is less,provided: • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 19 • • • • 18.765®ff-Street Parking and Loading Requirements Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirement. hble 1S.75=.2 Na-mans ae,d 1iffimum Required 015-7tseso Vehicle nun Bicycle Pnr1im�Retlaineuseaa(Cant} .11.k5:MOW • . • • 3'teasit. 1 - ZONE A ZO B' . BICYCLE;.. Motor Vrhide RelaCed. Nfm:cv,.ldcloselo..'1`ionto: ]r_'_,COD funo i:;slh 4.J 1.3.4X..but r :4Di-..an4O 2.3 T.•,C0bs.;o12sr:z4.0 0111.07Jralossra. • It:rx�i'o aoS:micinsl as io.:.:07 but noI:ss dux.4.J 2.3!1,x:but zn Loss Assn 40 2.5'].NObtom Ent 4.0 _C'^:.OJO Votes'.:Ie Pod Sal:: 3.'J-2.Use-6:4 arc bas =:r2 S,;.r c;b:_:" 01;1,09) Office 2..7::.00 5 01;'. 3:41;):.0(IT; a.1:LCCO^.C) 5;1.035 Medical/Dental Office ?S.':.CO)([$} 4.9;1,050 12.-^, 591.00{}Q 0 4.1.059 .Sou- ;ry dt- .F 1.04 stcraz:=is L0;=rap •; l.r s o s.s rlts 'G.4G strra::: Non-Arc-g;;oR':v.s_r mono Han? _n]ca _^MOOS, LINTUSTRLIC in arinlsertir . - 15'_.COD i.'_-1,)}) 11;1.CNC C'_1f1..0:13 Maw ccurm in.Production Lrp = a_ ].5':.GOJ ibl; Cana USA C.I;1055 Cz sal-...aatrnl 1.6':.0 7 ad";" Haar nun 0 1:!.073 Hose,luthr :ai 1...61`:.007 f; can:: LIDO/ 0.!::.097 Bash•nrdYuris axsn Haar /MCA =CD Reseera.and]hre`c ,eat :_C•':.0 3.01.:00 3.81ICO 51.077 Wartime-42 Freir.'at b!•:rmens .1.51000 y ft C.5-1.0X G.6.1.9}i 1:211.0 014,003 .153G:0;a ft C.3 iX((3.n 1:):!i.'. 0.51.CCO:75C) alstr.Rcluted 5-0 7.0 MD MOOD olesult Saks 5 1.00) 121 • 1. 'l_Cti0 0.1:1.055 0„$15:vver Parking all'Laa:ni Aeon"MOWS 18-.765-SS SE:k'%s7 Proposed Text: Medical / Dental Office 18.765.030 General Provisions G. Disabled-accessible parking.All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building-Code-State Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. 18.765.040 General Design Standards D. On-site vehicle stacking for drive-in.use. 2. The Director may reduce the length of the inbound stacking lane by means of a adjustment to be reviewed through a Type I procedure, as governed by Section 18.390.030,using approval criteria contained in Section 18.370.020.C.5.g. 18.370.020.C.7.g. • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 20 • • • 18.765.070 Minimum and Maximum Off-Street Parking Requirements F. Reductions in minimum required vehicle parking. Reductions in the required number of vehicle parking spaces may be permitted as follows: 3. The Director is authorized to reduce up to 10%of existing required parking spaces at a conversion ratio of one parking space for each 100 square feet of transit facilior for developments which incorporate transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or other transit-related facilities through a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.370.020.C.5.c. 18.370.020.C.7. • • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 21 1 • • Section 18.775 SENSITIVE LANDS 18.775.090 Special Provisions for Development within Locally Significant Wetlands and Along the Tualatin River,Fanno Creek, Ball Creek, and South Fork of Ash Creek A. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 666-023-0030)pertaining to wetlands, all wetlands classified as significant on the City of Tigard 'Wetlands and Streams Corridors Map"are protected. No land form alterations or developments are allowed within or partially within a significant wetland, except as allowed/approved pursuant to Section 18.775.130 or construction of streets and utilities within existing rights-of-way or expanded rights-of-way to City standards. This does not apply to new streets. 18.775.020 Applicability of Uses:Permitted, Prohibited, and Nonconforming C. Exemptions. When performed under the direction of the City, and in compliance with the provisions of the City of Tigard Standards and Specification for Riparian Area Management, on file in the Engineering Division, the following shall be exempt from the provisions of this Section: 5. Routine maintenance or replacement of existing public facilities projects or construction of streets and utilities within existing rights-of-way or expanded rights-of-way to City standards. This does not apply to new streets. • 18.775.020 Applicability of Uses:Permitted, Prohibited, and Nonconforming E.Administrative sensitive lands review. 1.Administrative sensitive lands permits in the 100 year floodplain, drainageway, slopes that are 25% or greater,and unstable ground shall be obtained from the appropriate community development division for the following: a. The City Engineer shall review the installation of public support facilities . • - by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Section; • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus • Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_final_05_06_2009 Attachment 1 Amendment Language.docx 22 • • Section 18.220 ZONING ADMINISTRATION 18.220.020 Zoning District Map A. Consistency with zoning map. The boundaries of each of the foregoing districts as listed in Table 98.220.9 Section 18.500 and the zoning classification and use of each tract in each of said zoning district is perceived to coincide with the identijing zone classification shown on the map entitled `Tigard Zoning District Map'; dated with the effective date of this title retained by the City Recorder and referred to as the `zoning district map."Said map by this reference is made a part of this title.A certified print of the adopted toning district map or map amendments shall be maintained in the office of the Planning Division as long as the code remains in effect. • • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus • Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 23 • • Section 18.310 SUMMARY OF LAND USE PERMITS 18.310.020 Summary of Land Use Permits A. Summary Table. The table summarizing the decision-making procedure and substantive approval requirements of each land use permit and related action is presented in Table 18.310.1 below: TAB I.F, 18.310.1 SUMMARY OF LAND USE PERMITS AND RELA'1 ED ACI IONS Decision-Making Approval Other Development Laud Use Permit/Action Type Criteria Regulations Sensitive Lands ,18.775.020.E Within 100-Year Flood Plain •I -HO 18.775.070B 1:775 • With Excessive Slopes III-HO3 18.775.070C 18,775,020.E 75 • Within Drainage Ways In-Ho' 18.775.070D .18775.020.E -. 75 • Within Wetlands I-HO3 18.775.070E 18.,75 Signs • Existing {Development Standards for Each • Modification of Existing {Sign T}pe,per 18.780 • Temporary 18.780.100 Temporary Uses • SeasonaLLSpecial Events 18.785.040A 18.78 • Emergency 18.785.0408 18.78 • Temporary Sales 00k Home 18.785.040C 18.78' • Temporary Building 18.785.040D 18.70 Tree Removal 18.790.050A 18.790 97 •Wtster Res��irses Ov a, - , Perinitted-Uses 91vtiti alton/ No Ali mti,• II 1°.',97,0608 D 18`.797, __ �i ire On. ioua��ses ••. - ,97 Land Division I I I Delete Section , 18.775.020.E 4 Add footnote [4]: Type I procedures are reviewed with criteria of 18.775.020.E Type II and III procedures are reviewed with criteria 18.775.070.B. • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 24 • • Section 18.510 RESIDENTIAL ZONING DISTRICTS 18.510.060 Accessory Structures A. Permitted uses.Accessory structures are permitted by right in all residential zones subject to the following: 2. Non-dimensional requirements: • b.An accessory structure shall comply with all of the requirements of the Uniforms Building Code. State Building Code All accessory structures except those less than 120 square feet in size require a building permit; 18.510.020 List of Zoning Districts • H. R-40:Medium-High-Density Residential District. The R-40 zoning district is designed to accommodate existing housing of all types and new attached single family and multi family housing units with no minimum lot site or maximum density.A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment]. Amendment Language.docx 25 • • • SECTION 18.640 DURHAM QUARRY DESIGN STANDARDS 18.610.070 Rcscrvcd 18.640.070 Signs A. In addition to the requirements of Section 18.780 of the Development Code, the following standards shall be met: 1. Zoning District regulations. Residential only developments within the MUC-1 shall meet the sign requirements for the R-40 zone Section 18.780.130.B; non residential development within the MUC-1shall meet the requirements of the C-P zone, Section 18.780.130.D. 2. Sign area limits. The maximum sign area limits found in Section 18.780.130 shall not be exceeded, no area limit increase will be permitted. 3. Height limits. The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not extend above the roof line of the wall on which the signs is located. No height increases will be permitted. 4. Sign location. Freestanding signs within the Durham Quarry shall not be permitted within the required L-1 landscape areas. • • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 26 ' , 1 • Section 18.710 ACCESSORY RESIDENTIAL UNITS 18.710.020 Standards B. Limitations.An accessory residential unit is permitted providing there is compliance with all of the following standards: 3. The number of residents permitted to inhabit the accessory residential unit is regulated by the Uniform Building Code State Building Code; Section 18.742 HOME OCCUPATIONS 18.742.040 General Approval Criteria and Standards A. General criteria.All home occupations except those that have proven nonconforming status shall observe the following criteria in addition to the standards established for Type I and Type II Uses described in Section 18.742.050 of this Section. 5.A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit.Any accessory building that is used must meet Uniform Building Code State Building Code requirements; Section 18.745 LANDSCAPING AND SCREENING 18.745.050.E. Screening:special provisions. 3. Screening of swimming pools.All swimming pools shall be enclosed as required by City of Tigard Building Code State Building Code; 18.745.040 Street Trees G. Granting of adjustments.Adjustments to the street tree requirements may be granted by the Director by • means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section 4-8,-3-70,0207€41,13. 18.370.020.C.6.b. I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 27 • • SECTION 18.798 WIRELESS COMMUNICATION FACILITIES 18.798.060.B. Review criteria.Any use subject to review per Section A above, shall be evaluated using the following standards: 3. Setbacks: Towers shall be set back from the property line by a distance equal to the height of the tower.A Type II adjustment may be obtained to reduce this setback, subject to criteria of approval contained in Section 18.370.020.C&a10 Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.080 Exceptions to Standards 18.360.080 Exceptions to Standards D. Exceptions to landscaping requirements. The Directory may grant an exception to the landscaping requirements of this code, Section 18.120.150, 18.360.070.B.4 upon finding that the overall landscape plan provides for at least 20 of the gross site to be landscaped. 1.8.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or major modification of an approved plan or existing development, as defined in Section 18.360.030/4, 18.360.020A shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 28 • • • Section 18.410 LOT LINE ADJUSTMENTS 18.410.040.A Approval Criteria 4. With regard to flag lots: b.A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040-.050. Screening may also be • required to maintain priva y for abutting lots and to provide usable outdoor recreation areas for proposed development. • Section 18.760 NONCONNFORMING SITUATIONS 18.760.040 Criteria for Nonconforming Situations D.Nonconforming use of structures 2. If a single structure or a structure and premises containing a number of lawful uses (except for a single accessory structure) • existed as of March 16, 1983, and those uses would not be allowed in the zoning district in which they are located, or which are nonconforming because of inadequate off-street parking, landscaping or other deficiency (under the terms of this Section or amendment thereto), the lawful uses may be continued so long as they remain otherwise lawful, subject to the following provisions: e. When the use of the structure, including all uses, is discontinued or abandoned for three months, the structure and premises shall not thereafter be used except in full conformity with all regulations of the zoning district in which it is located. For purposes of this Section, a use shall be deemed to be discontinued or abandoned • • • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 29 IN �' • a III T I GARD REQUEST FOR COMMENTS DATE: May 15.2009 TO: PER ATTACHED FROM: City of Tigard Planning Division • STAFF CONTACT: Dick Bewersdorff.Planning Manager (503) 718-2432 or dick Cat gard-or.gov Fax: (503)718-2748 DEVELOPMENT CODE AMENDMENT (CPA) 2009-00003 LEGISLATIVE UPDATE: Tigard Omnibus "Housekeeping" Items REQUEST: The City is requesting approval of forty seven Development Code Amendments to promote consistency among the Code Sections. These "housekeeping" items are from Code Chapters 18.120 Definitions; 18.780 Signs; 18.330 Conditional Use; 18.350 Planned Developments; 18.385 Miscellaneous Permits; 18.390 Decision-Making Procedures; 18.430 Subdivisions; 18.520 Commercial Zoning Districts; 18.705 Access, Egress, And Circulation; 18.715 Density Computations; 18.730 Exceptions To Development Standards; 18.765 Off-Street Parking And Loading Requirements; 18.775 Sensitive Lands; 18.220 Zoning Administration; 18.510 Residential Zoning Districts; 18.640 Durham Quarry Design Standards; 18.710 Accessory Residential Units; 18.742 Home Occupations; 18.745 Landscaping And Screening; 18.798 Wireless Communication Facilities; 18.760 NonConforming Situations; 18.410 Lot Line Adjustments; 18.360 Site Development Review. LOCATION: Citywide. ZONE: The proposals are not applicable to a specific zone, property or group of properties. APPLICABLE REVIEW CRITERItk: Community Development Code Chapters 18.130, 18.380, 18.390. Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2: Land Use Planning. Metro Functional Plan: Metro Code Sections 3.07, Urban Growth Management Functional Plan. Statewide Planning Goals 1 and 2. - Applicant's Materials are available online at http://www.tigard-or.gov/city hall/departments/cd/code amendment.asp 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: Wednesday,June 3, 2009. 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 as 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: • CITY OF TIGARD REQUEST FOR COMMENTS r n NOTIFICtON LIST FOR LAND USE & COMMUNITY DOLOPMENT APPLICATIONS • !_if,� FILE NOS.: /% Z d0 q"-Oc O 3 FILE NAME: 6.9fr,I171.=4Uj /i�C'U.1C ,iree//„s CITY OFFICES iik LONG RANGE PLANNING/Ron Bunch,Planning Mgr. -URRENT PLANNING/Todd Prager/Arborist-Planner )(PUBLIC WORKS/Brian Rager,Asst.Public Works Dir. _BUILDING DIVISION/Mark Vandomelen,Plans Ex.Supervisor X ENGINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer I PUBLIC WORKS/Steve Martin,Parks Supervisor CITY ADMINISTRATION/Cathy Wheatley,City Recorder X ENGINEERING DEPT./Greg Berry,Project Engineer _HEARINGS OFFICER(+2 sets) . ACOMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs._POLICE DEPT./Jim Wolf,Crime Prevention Officer PLANNING COMMISSION/GRETCHEN(+12 sets) _CODE ENFORCEMENT/Christine Darnell,Code Compliance Specialist(DCA) X FILE/REFERENCE(+2 sets) SPECIAL DISTRICTS is TUAL.HILLS PARK&REC.DIST.*. TUALATIN VALLEY FIRE&RESCUE♦ x TUALATIN VALLEY WATER DISTRICT* X CLEAN WATER SERVICES Planning Manager North Division Administrative Office Development Services Department 15707 SW Walker Road John K.Dalby,Deputy Fire Marshall 1850 SW 170'"Avenue David Schweitzer/SWM Program Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97006 2550 SW Hillsboro Highway Beaverton,OR 97005-1152 Hillsboro,OR 97123 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON * CITY OF TUALATIN * _OR.DEPT.OF FISH&WILDLIFE L/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 4 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. _ Joanna Mensher,Data Resource center(ZCA) _US ARMY CORPS.OF ENG. Durham,OR 97224 _ Paulette Allen,Growth Management Coordinator 4 OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Maps&CWS Letter Only) _ Mel Huie,Greenspaces Coordinator(CPA2OA) Mara UIIoa(Comp.Plan Amendments&Measure 37) Routing CENWP-OP-G KCITY 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(PowedinesinArea) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue XCITY 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 _Naomi Vogel-Beattie(General Apps Lake Oswego,OR 97034 • Planning Division(zcA)Ms 14 _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) N/ODOT,REGION 1 * XBrent Curtis(CPA) CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) / Development Review Coordinator Doria Mateja(ZCA)Ms 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacations) _Sr.Cartographer(cPAIZCA)MS 14 1900 SW 4°'Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,Surveyor(ZCA)MS 15 Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _OR.PARKS&REC.DEPT. _WA.CO.CONSOL.COMM.AGNCY �ODOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(WCCCA)'911"(eonnsol.Tnw.ra) Sam Hunaidi,Assistant District Manager (Notify ifODOTRIR-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,Sr.Crossing Safety Specialist (Notify it Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13°'Street,NE,Suite 3 725 Sumner Street NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES • . —PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R Predecessor) Bruce Carswell,President&General Manager 1200 Howard Drive SE Albany,OR 97322-3336 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Gerald Backhaus(see Mrp Iw Area Mn) (If Project is Within 3/4 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 Mike Hieb Svc.Design Consultant Scott Palmer,Engineering Coord. John Cousineau,OSP Network Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97005 Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J _BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jennifer Garland,Demographics Alex Silantiev (s.e Maplao.e co ta«) Brian Every(App.E.of HaWN.a99W) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h:\patty\masters\Request For Comments Notification List.doc (UPDATED: 28-Aug-08) (Also update:is\curpin\setup\labels\annexations\annexation_utilities and franchises.doc,mailing labels&auto text when updating this documet RAIsJMIfiJ& SECRERY frkRL4LS AFFIDAVIT OF MAILING TrilUAR D I,Patricia L. Lunsford, being first dulysworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard,Washington County, Oregon and that I served the following: (G kAppmpnare Box(s)Below) © NOTICE OF FINAL ORDER FOR DCA2009-00003/OMNIBUS "HOUSEKEEPING" ITEMS (File No/Name Reference) ❑ AMENDEDNC7FICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission • Tigard City Council (9/8/2009) A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit "B", and by reference made a part hereof, on September 9,2009,and deposited in the United States Mail on September 9,2009,postage prepaid. (Person that Pr-•. ed None STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the ,9-4 day of PTa- 18— ,2009. OFFICIAL SEAL Cv � SHIRLEY L TREAT �S' COMMISSION NO.418777 ) MY COMMISSION EXPIRES APRIL 28,2011 1. N TARP PUBLI OF ORE GO My Commission Expires:_ 120 DAYS =N/A DATE OF FILING: 9/9/200 • EXHIBI.. DATE MAILED: 9/9/2009 TA lyi �� CITY OF TIGARD cRD. Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT (DCA) 2009-00003 Case Name: OMNIBUS "HOUSEKEEPING" ITEMS Applicant's Name/Address: City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223-8189 Owner's Names/Addresses: N/A Address of Property: Citywide 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. 09-13). THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MA1ERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON JULY 6, 2009 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON TIE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON SEPTEMBER 8, 2009 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: > A Development Code Amendment to promote consistency among the Code Chapters. These "housekeeping" items are from Community Development Code Chapters 18.120 Definitions, 18.220 Zoning Administration, 18.310 Summary-of Land Use Permits, 18.330 Conditional Use, 18.350 Planned Developments, 18.360 Site Development Review, 18.385 Miscellaneous Permits, 18.390 Decision-Making Procedures, 18.410 Lot Line Adjustments, 18.430 Subdivisions, 18.510 Residential Zoning Districts, 18.520 Commercial-Zoning Districts, 18.530 Industrial Zoning, 18.640 Durham Quarry Design Standards, 18.705 Access, Egress, and Circulation, 18.710 Accessory Residential Units, 18.715 Density Computations, 18.730 Exceptions to Development Standards, 18.742 Home Occupations, 18.745 Landscaping and Screening, 18.760 Non-Conforming Situations, 18.765 Off-Street Parking and Loading Requirements, 18.775 Sensitive Lands, 18.780 Signs, and 18.798 Wireless Communication Facilities. ZONE: Various residential, commercial and industrial zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390. Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2: Land Use Planning. Metro Functional Plan: Metro Code Sections 3.07, Urban Growth Management Functional Plan. Statewide Planning Goals 1,2. Action: > ® Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper,posted at City Hall and mailed to: ® Affected Government Agencies ® Interested Parties Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND IS EFFECTIVE ON OCTOBER 8,2009. 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 with the Oregon Land Use Board of Appeals (LUBA) within 21 days according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. • • • CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 09-/3 AN ORDINANCE ADOPTING OMNIBUS "HOUSEKEEPING" ITEMS TO UPDATE THE TIGARD MUNICIPAL CODE TITLE 18 (DEVELOPMENT CODE AMENDMENT-DCA2009-00003) WHEREAS,the City has proposed amendments to the Tigard Municipal Code Title 18;and WHEREAS, the Tigard Planning Commission held a public hearing,which was noticed in accordance with City standards, on July 6, 2009, and recommended approval of the proposed DCA2009-00003, as amended, by motion and with unanimous vote;and WHEREAS, on September 8, 2009, the Tigard City Council held a public hearing, which was noticed in accordance with City standards, to consider the Planning Commission's recommendation on DCA2009-00003; and WHEREAS, on September 8, 2009, the Tigard City Council adopted DCA2009-00003 by motion pursuant to the public hearing and its deliberations;and WHEREAS, Council's decision to adopt DCA2009-00003 is based on the findings and conclusions found in the City of Tigard Staff Report to the Planning Commission dated May 26, 2009, and the associated record, which are incorporated herein by reference and are contained in land-use file DCA2009-00003;and WHEREAS, the Tigard City Council has determined that the proposed Development Code Amendments are consistent with the applicable Review Criteria,and that approving the amendments would be in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Municipal Code Title 18 is amended as shown in"EXHIBIT A";and SECTION 2: The findings in the May 26, 2009 Staff Report to the Planning Commission, Minutes of the July 6, 2009 Planning Commission hearing, and the Minutes of the September 8, 2009 Council hearing are hereby adopted in explanation of the Council's decision;and SECTION 3: 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. 09- /3 Page 1 • PASSED: By e.///2t2/12.4026-024- vote of Council members present after being read by number and title only, this gam'` day of- ,2009. Carol A. Krager,Deputy Ci 4'ecorder APPROVED: By Tigard City Council this Pfd day of _ '. / 0 . Craig irksen,Mayor Ap roved as to form: U 'Al2._sz....._—_:—‘ - City Attorney �" /'� / ,' " O Date ORDINANCE No. 09-/3 Page 2 • EXHIBIT "A" AMENDMENTS TO THE TIGARD DEVELOPMENT CODE (TITLE 18) AS PROPOSED IN LAND USE CASE DCA2009-00003 (Bold and underline text indicates proposed new language andgh indicates language proposed to be deleted.) Chapter 18.120 DEFINITIONS 18.120.030 Meaning of Specific Words and Terms A. For additional words and terms, also see Use Classifications (Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755);Sensitive Lands (Section 18.775);Signs (Section 18.780); Tree Removal (Section 18.790); and Wireless Communication Facilities(Section 18.798).As used in this title,the following words and phrases mean: 4. `Accessory building or structure"-Afreestanding structure whose use is incidental and subordinate to the main use of properg j arid-j1 located on the same lot as the main use and is freestanding or is joined to the primary structure solely by non- habitable space as defined by the State Building Code. 6. `Addition"-A modification to an existing building or structure which increases its height or increases the site coverage. A structure is considered an addition only when it shares a common wall and is structurally dependent on the primary structure. (See also "Accessoiy building or structure"and"common wall") 43. "Common Wall"—A wall or joined walls that share a boundary to provide separation of interior spaces. Pm vertical additions,a floor/ceiling assembly is a shared boundary separating spaces. Finding: This proposed amendment clarifies accessory structure definitions and associates all relevant definitions to work in concert. These definitions help to define accessory structures to avoid large buildings attached by breezeways and refine the wording of Director's Interpretation of July 3, 2006. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by aligning all associated definitions. 18.120.030 Meaning of Specific Words and Terms A. For additional words and terms, also see Use Classifications (Section 18.130); Mixed Solid Waste and Recyclable Storage (Section 18.755);Sensitive Landr (Section 18.775);Signs (Section 18.780); Tree Removal (Section 18.790);and Wireless Communication Facilities(Section 18.798).As used in this title,the following words and phrases mean: 54. `Density"-The intensity of residential land uses, usually stated as the number of housing units per acre and defined in Section 18.720. 18.715. Finding: Scrivener's error; incorrect Code Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.120.030 Meaning of SpecificlVords and Terms A. For additional words and terms, also see Use Classifications (Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755); Sensitive Lands (Section 18.775);Signs (Section 18.780); Tree Removal (Section 18.790);and Wireless Communication Facilities(Section 18.798).As used in this title,the following words and phrases mean: 117. "Public support facilities"—Services which are necessary to support uses allowed outright in the underlying zone and involve only minor structures such as underground utilities and construction of ftsadway improvements including sidewalks, curbs. streetlights, and driveway aprons,power lines and poles,phone booths, fire hydrants. as well as bus stops. benches and_mailboxes which are necessary to Tort p incipal development DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 1 OF 19 0 • - Finding: This clarifies the term used in the Sensitive Lands Chapter so that it is the same as the original sensitive lands regulations and so as not to be confused with principal structures like streets. The term "public - support facilities' is used in the Sensitive Lands Section but is not defined.This amendment uses the definition listed in the 1984 code and helps to eliminate confusion about what is meant by the term. This also aligns with Tigard Development Code Section 18.775.020.E.1.a. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.220 ZONING ADMINISTRATION 18.220.020 Zoning District Map A Consistency with toning map. The boundaries of each of the ongoing.districts M listed in Table 18.220.1 Chapter 18.500 and the toning classification and use of each tract in each o said Zoning district is perceived to coincide with the identifying tone classification shown on the map entitled `Tigard Zoning istrict Map' dated with the effective date of this title retained by the City Recorder and referred to as the "toning district map."Said map by this reference is made a part of this title. A certified print of the adopted toning district map or map amendments shall be maintained in the office of the Planning Division as long as the code remains in efct. Finding: Scrivener's error; the referenced table "Table 18.220.1" doesn't exist. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by-promoting consistency among the Code Sections. Chapter 18.310 SUMMARY OF LAND USE PERMITS 18.310.020 Summary of Land Use Permits A. Summary Table. The table summarrtin, the decision-making procedure and substantive approval requirements of each land use permit and related action is presented in Table 18.310.1 below: TABLE 18.310.1(Con't.) Decision-Making A proval Other Development Land Use Permit/Action Type criteria Regulations Sensitive Lands • Within 100-Year Flood Plain LIII-HO 18.775.020.E 4'18.775.070B 18.775 • With Excessive Slopes L II,III-HO3 18.775.020.E 4'18.775.070C 18.775 • Within Drainage Ways LII,III-1-I03 18.775.020.E 4'18.775.070D 18.775 • Within Wetlands II,III-H03 18.775.070E 18.775 EtttIttmmte • Permitted Uaca With Mitigation I 18.797.060A D 18.797 • Perfnitted Uses w hMit ._/ No Alternative II 18.797.0603 D 18.797 • Conditional Uaca III 1 103 18.797.0603 D 18.797 Add footnote [4] Type I procedures are reviewed with criteria of 18.775.020.E Type II and III procedures are reviewed with criteria 18.775.070.B. Finding: Scrivener's error. This amendment is proposed because the City does not have a fee for Type I sensitive lands. Additionally, the Table doesn't list Type I sensitive lands permits and lists a "water resources overlay" which no longer exists. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 2 OF 19 • Chapter 18.330 CONDITIONAL USE 18.330.020 Approval Process E. Approval period. Conditional use approval by the Hearings Officer shall be effective for A period of 1- 1/2 years from the date of approval. The conditional use approval by the Hearings Officer shall lapse if: 1. Substantial construction of the approved plan has not begun within_a one and one half year period; 2. Construction on the site is a departure from the approved plan. 18.330.020.C.Minor modification of approved or existing conditional use. 2. A18A90 pkc ant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.010 using approval criteria in Subsection C3 below. Chapter 18.390 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE TABLE 18.390.1 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE Type Permit/Land Cross-Reference(s) I (18.390.030) Accessory Residential Units 18.710 Wireless Communications Facilities-- 18.370.040 C8b; 18798 Setback from Other Towers Conditional Use/Minor Modification 18.330.030 Type Permit/Land Cross-Reference(s) II(18.390.040) Access/Egress Adjustment 18.370.020 C3b Conditional Usc/Minor Modification 18.330.030 Finding: 18.330 does not explicitly state approval for 18 months while 18.330.030A.6. relates to site development review, which could be applied.This makes the approval period consistent with that of the site development review process. There is a conflict between Sections 18.390 and 18.330 regarding minor modifications to Conditional Use Permits. The City has been processing CUP minor modifications as Type I processes based on 18.330.020.C.2 and Table 18.310. Contrary to this, 18.390.040 shows a minor modification as a Type II procedure. To address this, 18.330.020.C.2 should refer to Section 18.390.030 because the minor modification application is a Type I. In this amendment, Table 18.390.1 is modified to remove CUP minor modifications from the Type II Section and added to the Type I Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections and review processes. Chapter 18.350 PLANNED DEVELOPMENTS 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: 4.In addition, the following criteria shall be met: DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 3 OP 19 • m. Shared open space facilities: These requirements are applicable to residential planned developments only. 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 facifities. Up to 75%of the open space requitement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands(steep slopes,wetlands,streams, or 100yearfloodplain). (2)Passive use facilities. Up to 100% of the open space requirement may be satisfied b providing a detailed development plan for improvements(including landscaping irrigation,pathway and other structural improvements)forpassive 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. Finding: The new PD Section requires commercial and industrial uses to adhere to the same open space standard as a residential subdivision. The Planning Commission members have said that this was not intended. Shared open space facilities are problematic and provide for a significant cost and feasibility impact for conventional commercial development unless there are existing natural areas that could not otherwise be developed. With this standard, there is little expectation that any developer would volunteer to use the PD process. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by relining regulations to their intent. Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.080 Exceptions to Standards 18.360.080 Exceptions to Standards 18.360.080 Exceptions to Standards D. Exceptions to landscaping requirements. The Director shall nt an exception to the landscaping requirements of this code, Section 13.120.150, 18.360.070.B.4 upon finding that t e overall landscape plan provides for at least 20 percent of the gross site to be landscaped Finding: The existing section refers to old development Code's Site Development Review Process. Additionally, the word"shall"if the overall landscape plan provides for 20% could be problematic since that is the standard for most zones. 18.360.030 Approval Process A. New developments and major modifications. Site development review f�fora new development or major modification of an approved plan or existing development, as defined in Section 18.360.030A,18.360.020.A shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. Finding; This amendment is proposed because the section refers to itself as a definition. The proposed language references the list of the Site Development Review processes. Chapter 18.385 MISCELLANEOUS PERMITS Note:Entire Section Removed • Chapter 18.385 Seeiene: 1 1 • . . 18.385.060 Tree Remeva1 Permits DCA2009-00003 8/25/09 Proposed Amendments to'1'MC Title 18 PAGE 4 OF 19 S 7 f f f f eette+reetient-er • •• • • mot •. - - - _: -. : - : -. :. :. - - . ::- - -- -.. f f Y_ . _ - __ _ _ _ _ _ _ _ _ _ _ _ --r :: _ ..• 7 - .. DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 5 OF 19 : : •.• -) - w - _ . - . . • • . .. w . • . . .• w • • ... f f ) ) 6t2; ... : -_ .. .." - : : __ .._ -) .. : .•- .,- : ." . f eetteffiletient ftst G_ne__ti _c..___ rare._. her-resiciefteft !. _ - _. - - - - .. . . - : . : • DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 6 OP 19 • • following b. I ..a , _ A e _ _ _ _ _ Y_ _ e _ _ _ _ _ _ _ _ _ _ _ - : . -. :: - : ..1.. • ,'..- - - A l - 9 ._.. : - . :: - _ ._ - . . : .- - :.: .- f f DCA2009-00003 8/25/09 Proposed Amendments to'114C Title 18 PAGE 7 OF 19 • tierth.-te-bedreelq-afiel _ _ _ . _ _ _ _ • _- • - : ... -_ _ - - 3 _ : - - • ,. : - - 14,r• +k n +o 3o +/26/ 8 DCA2009-00003 8/25/09 Proposed Amendments to TMC;Title'18 PAGE 8 OF 19 • r • , t-_ •. -. .. -, : . - .:- .. ' f 18.765,Off 8trcct Parking; . f located;.. .. .. .. -•, ... . . • • , , -.. . •• -. •: -, .. . . f , Vieuel-Gletiffmeet 4 O%!C lift Stre_t Parking; , e f DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 9 OF 19 • 18.385.060 Tre_ Removal P - -: - • e ! - laftdat e , ' : -: .. : - - - - - ; - _ : : . .., : .. -., : - date-et-approval. : •.. : . ._ . : : : .. : :. :- , Finding: This Section is repetitive relative to existing code requirements. It is repeated in each individual Section of the development code pertaining to the permits listed in Section 18.385.This redundancy creates confusion for applicants and City Staff. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.390 DECISION-MATING PROCEDURES 18.390.080 General Provisions E. Director's duties. With regard to processing applications submitted under this Section,the Director shall 3.Accept all development applications which comply with the provisions of Section J8.390.080.D.3. Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.390.040 Type II Procedure C.Notice Qfpending hype II Administrative Decision. 1. Prior to making a Type II Administrative Decision,the Director shall provide notice to: a. All owners of record within 500 feet of the subject site; b. Any City-recognised neighborhood group whose boundaries include the site; c. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or who is otherwise entitled to such notice. and 18.390.050 Type III Procedure C Notice of hearing. 1. Mailed notice. Notice of a Type II Administrative Appeal hearing or Type III hearing shall be given by the Director in the following manner. a. At least 20 days prior to the hearing date, notice shall be sent by mail to: (1) The applicant and all owners or contract purchasers of record of the site which is the subject of the application; (2) All proper4y owners of record within 500 feet of the site; (3) Any effected governmental agency which has entered into an intergovernmental agreement with the which includes provision for such notice,or who is otherwise entitled to such notice; (4) Any City-recognized neighborhood gnaw • - - whose• boundaries include the site; DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 10 OF 19 • • (5) Any person who has submitted a written request,and who has paid a fee established by the City Council;and (6) In actions involving appeals, the appellant and all parties to the appeal and 18.390.060 Type IV Procedure • D. Notice of hearing, 1. Required hearings. Two hearings, one before the Commission and one before the Council,are required for all Type IV actions, except annexations where only a bearing by the City Council is required. 2. Not fication requirements. Notice of the public hearings for the request shall be given by the Director in the following manner. a. At least ten days prior to the scheduled hearing date, notice shall be sent to: (1) The applicant; (2) Any affected governmental agency; Any City-recognized neighborhood group whose boundaries include the site;and (4) Any person who requests notice in writing and pays a fee established by Council resolution. Finding: These amendments synchronize the neighborhood notice process for Type II, III, and IV Procedures. This will allow City Staff to send notices based on the new Neighborhood Network Boundaries (or any future boundary) for all types of decisions. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.410 LOT LINE ADJUSTMENTS 18.410.040.A Approval Criteria 4. With regard to g lots: b.A wren s all be provided along the property line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Sections 18.745.048-.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation arras forproposed development. Finding: Scrivener's error;incorrect Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.430 SUBDIVISIONS 18.430.030 Approval Process B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Section 18.390,using approval criteria contained in Section 4.874407080 18.430.070 Finding: Scrivener's error;incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.510 RESIDENTIAL ZONING DIS`T'RICTS 18.510.060 Accessory Structures A. Permitted uses._Accessory structures are permitted by right in all residential Zones subject to the following: 2.Non-dimensional requirements: b.An accessory structure shall comply with all of the requirements of the htiferm-Be+r ing-Cork. State Building Code AR Finding The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 11 OF 19 II - 18.510.020 List of Zoning Districts H. R-40:Medtion-High-Density Residential District. The R-40 Zoning district is designed to accommodate existing housing of all types and new attached single family and multifamily housing units with no minimum lot site Dome►. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. Finding: This amendment is proposed because the existing text is inconsistent with the Tigard Comprehensive Plan. According to the Comprehensive Plan, "Medium-High Density Residential" includes the R-25 zone, not the R-40 zone. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the these two documents. Chapter 18.520 COMMERCIAL ZONING DISTRICTS TABLE 18.520.1 USE TABLE: C OMMERCIAL ZONES USE CATEGORY C-NIII C-C151 C-G C-P CBD MUE1201 MUG1 MUC 1281 MUE MUR 1 and 21281 1 and 2P81 CIVIC (INSTITUTIONAL) Basic Utilities C N N C C C C CI3�1 C13�1 C1521 CI1 CI32I Colleges N N N N N C C C C C Community Recreation N P N N P C N P C C Cultural Institutions P P p P P P P P P N Day Care P P P P p P P P P P/CI331 Emergency Services P P P P P P P P P N Medical Centers C N C C C C C C C C Postal Service P P P P P P P P P N Public Support P P P P P P P P P P Facilities Religious Institutions C C P G 2 P . P G g P P C Schools N N N N N C C C C C Social/Fraternal C C P P P P P P P C Clubs/Lodges COMMERCIAL Commercial Lodging N N P R1141 P P P P p N Eating and Drinking C P P RI15I P P P P P R13+/351 Establishments ' Finding: Because churches are currently a conditional use while social and fraternal clubs are permitted has been alitigated situation. Additionally, the amendment conditionally permits basic utilities in the C-C and C-G zones. This was an oversight when transferring uses from the original code to the existing version. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by adhering to land use law precedence. 18.520.030 Uses C.Accessory structures. 1.Accessory structures are permitted in all commercial Zones providing the site is still in compliance with all development standards, including but not limited to setbacks, hei ht, lot covens a and landscaping requirements, of base tone. All accessory structures shall comply with all requirements o the . State Building Code • • •- , - Findings:The "Uniform Building Code (UBC)" has been updated to the"State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. DCA2009-00003 8/25/09 Proposed Amendments toTMC'Fide 18 PAGE 12 OF 19 • • TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-NI11 C-C151 C-G C-P CBD MUE�1 MUC-1 MUCG281 MUE MUR 1 and 1 and 21281 21281 Detention Facilities N N C N C N N Heliports N N C C C N N Mining elless P/R1'J P R''' P/R1'1 P/R1" PP/R''' PP/R''' /R14" Communication Facilities Rail Lines/Utility P P P P P P P Corridors Other C1"' C1'' NA NA C'"' NA _ NA P=Permitted R=Restricted C=Conditional Use NA=Not Applicable N=Not Permitted pl./Multi-family residential, at 25 units'gross acre, allowed outright. Pre-existing detached And attached single family dwellings are permitted outfight. Finding: The language in the zoning code allows attached single family residential. If this is not reflected in this table, all multi-family becomes a substantial review not intended. Additionally, there is no Bull Mtn. CP district and there is no longer CP district in the Triangle. 18.520.040 Development Standards A. Compliance required All development must comply with: 1.All of the applicable development standards contained in the under in toning district, except where the applicant has obtained variances or adjustments in accordance with Sections . 18.370; Finding: Scrivener's error;incorrect Section reference.Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.530 INDUSTRIAL ZONING DISTRICTS TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL R' R' R' Household Living Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC(INSTITUTIONAL) Basic Utilities Cz C12 P Colleges Community Recreation C'O C10 CIO Cultural Institutions N 9 N,9 N 9 Day Care R• R R Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions , N N N DCA2009-00003 8/25/09 Proposed Amendments to'1'MC Title 18 PAGE 13 OF 19 III • • Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lod3ing P N N Eating and Drinking Establishments R 2 N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment - N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales R4,11 N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P 9Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor open space setbacks. r 10Limited to outdoor Recreation on (1.) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and {_ (2.) land located outside the floodplain as shown on City flood maps,when the Recreation Use is temporary and does ; not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district. "These limited uses,shall only be allowed in IP zoned property east of SW 72"d Avenue.These uses,separately or in combination shall not exceed 60,000 square feet of gross leasable area in a single building,or commercial retail uses with a total of more than 60,000 square feet of retail sales area on a single lot or parcel, or on contiguous lots or parcels, including those separated only by transportation right-of-way. (Ord.04-14) 12Except water and storm and sanitary sewers,which are allowed by right. Finding:This was an oversight when transferring uses from the original code to the existing version. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by creating consistency among Code Sections. Chapter 18.640 DURHAM QUARRY DESIGN STANDARDS 18.640.070 Signs A. In addition to the requirements of Section 18.780 of the Development Code, the following standards shall be met: DCA2009-00003 8/25/09 Proposed Amendments to TMC;Title 18 PAGE 14 OF 19 # • 1. Zoning District regulations. Residential only developments within the MUC-1 shall meet the sign requirements for the R-40 zone Section 18.780.130,B;non residential development within the MUC- 1 shall meet the requirements of the C-P zone. Section 18.780.130.D. 2. Sign area limits. The maximum sign area limits found in Section 18380.130 shall not be exceeded, no area limit increase will be permitted. 3,Height limits, The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not extend above the roof line of the wall on which The signs is located. No height increases will be permitted. 4. Sign.location. Freestanding signs within the Durham Quarry shall not be permitted within the required L-1 landscape areas, Finding: This amendment is proposed because the Durham Quarry does not have sign standards listed in its section. Staff has been using the CP standards but there is no actual linkage in the code. These were the standards used for Washington Square from which the Quarry standards were chosen. This proposal is to add District-specific sign standards. Therefore, this proposed amendment better implements the City's Comprehensive Plan.and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.705 ACCESS, EGRESS,AND CIRCULATION 18.705.030 General Provisions L Director's authority to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: 4.A decision by the Director per 18.705.030 K L1.-3. above may be appealed by means of a Type Ii procedure, as regulated by Section 18.390.040, using criteria contained in Section 18.370.020 C3. (Ord. 06-20, Ord. 02-33) Finding: Scrivener's error;incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.710 ACCESSORY RESIDENTIAL UNITS 18.710.020 Standards ' B.Limitations.An accessory residential unit is permitted providing there is compliance with all of the following standards: 3. The number o residents ermitted to inhabit the accessory residential unit is regulated by the irrfr State Building Code; Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. C apter 18.715 DENSITY COMPUTATIONS 18.71 5.020 Density Calculation A. Definition of net development area. Net development area, in acres, shall be determined b subtracting the following land areas) f'm the gross acres, which is all of the land included in the legal description of the propeP y to be developed 3.All land dedicated forpublic rights-of-way. When actual information is not available,the following formulas may be used b.Multifamily development:allocate 15% ofgrrus acreage or deduct the actual private drive area. Finding: This proposed amendment makes clear that private drive in multi-family projects would be deducted as a private street m lieu of using 15%. DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 15 OP 19 • • 18.715.030 Residential Density Transfer B. Underlying development standards.All density transfer development proposals shall comply with the development standards of the applicable underlying Zoning district unless developed under the provisions of Section-18744018.350, Planned Development. (Ord 06-20)■ Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 18.730.020 Exceptions to Building Height Limitations C.Building heights and flag lots. 2. The maximum height for an attached or detached single family, duplex, or multiple family residential structure on a flag lot or a lot having sole access from an access way,private drive or easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2-1/2 stories or 35 feet, whichever is less,provided a. The proposed dwelling otherwise complies with the applicable dimensional and height requirements of the Zoning district; Finding: This section describes 2 and 1/2 stories or 35 feet,but the limit in the code in R-1, R-2,R-3.5 and R-4.5 zones is 30 feet. This proposed amendment synchronizes this section with Table 510.2. Chapter 18.742 HOME OCCUPATIONS 18.742.040 General Approval Criteria and Standards A. General criteria.All home occupations except those that have proven nonconforming status shall observe the following criteria in addition to the standards established for type I and Type II Uses described in Section 18.742.050 of this Section. 5. A home occupation shall not make necessary a change in the -Unifotive-Bitideling-Goele State Building Code use classification of a dwelling unit.Any accessory building that is used must meet Un ferm Building-Code State Building Code requirements; Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. Chapter 18.745 LANDSCAPING AND SCREENING 18.745.050.13. Screening:special provisions. 3. Screening of swimming pools. All swimming pools shall be enclosed as required by , • - = .: State Building Code; Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.745.040 Street Trees G. Granting of adjustments. Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in.Section 18.370.020.C.4.b. 18.370.020.C.6.b. Findin Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City's omprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 16 OF 19 • • Chapter 18.760 NON-CONFORMING SITUATIONS 18.760.040 Criteria for Nonconforming Situations . D.Nonconforming use of structures 2.1f a single structure or a structure and premises containing a number of lawful uses(except for a single accessory structure)existed as of March 16, 1983, and those uses would not be allowed in the Zoning district in which they are located or which are nonconforming because of inadequate off-street parking, landscaping or other deny (under the terms of this Section or amendment thereto), the lawful uses may be continued so long as they remain otherwise lawful,subject to the following provisions: e. When the use of the structure,. including all uses, is discontinued or abandoned for three months, the structure and premises shall not thereafter be used except in full conformity with all regulations of the Zoning district in which it is located For fellowing-events: Finding. There are no events listed in the Code, reference to events is removed. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirements (Cont.) �s��y,'°�'f1,�:;�? j� 'i! q �ry�I E- f }rt � i�'k� i'.!. �{��.- ^a�r.n �+' _£ t' -��y}��;ry�y_ r`I[; v iU'§fYa. �l� V f.if-'i..� F 2d�R.4.�..P I SS SFi 'GI . h u.y�.•I�`�.f i�eNASIP fiMW'M M� 5� 1L6f7; 'r.46J Motor Vehicle Related Motor Vehicle 1.0/1,000 but no 1.3/1,000 but no. 2.0/1,000 but no 0.2/1,000 sales area Sales/Rental less than 4.0 less than 4.0 less than 4.0 Motor Vehicle 2.0/1,000 but no 2.3/1,000 but no 2.6/1,000 but no 0.2/1,000 Servicing/Repair less than 4.0 ' less than 4.0 less than 4.0 Vehicle Fuel Sales 3.0+2.0/service bay ;'.0+2.0/service bay 4.0+2.5/service bay 0.2/1,000 Office 2.7/1,000 } .4/1,000 4.1/1,000 (M) Medical / Dental 3.9/1,000M X4.9/1,000 5.9/1,000 � 0.4/1,000 Office Self-Service 1.0/4 storage units „J 1.0/4 storage units 1.0/2 storage units 1.0/40 storage units Storage Non-Accessory none : none none none Parking Finding:The Medical/Dental office use was omitted in the original code.This clarifies use standards. 18.765.030 General Provisions G. Disabled-accessible parking. All parking areas shall be provided with the required number of parking spaces for disabled persons as *reified by the Sterk*Ofigt9n-Urriferrrt. State Building Code and federal standards. Such parking spaces shall be sized,signed and marked as required by these regulations. Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.765.040 General Design Standards D. On-site vehicle stacking for drive-in use. 2. The Director may reduce the length of the inbound stacking lane by means of a adjustment to be reviewed through a Type I procedure, as governed by Section 18.390.030,using approval criteria contained in Section 13.370.020.C.5g 18.370.020.C.7.g. DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 17 OF 19 • • Finding: Scrivener's error;incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.765.070 Minimum and Maximum Off-Street Parking Requirements F. Reductions in minimum required vehicle parking. Reductions in the required number of vehicle parking spaces may be permitted as follows: 1. The Director may reduce off-street vehicle parking spaces per Section 18.765.070.H by up to 20% in new developments for the incorporation of transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented developments and other transit- related development through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.b 18.3 70.020.C.7.b.Applicants who quay for this adjustment may also apply for further parking reductions per 18.765.070.F.2.below; 2. The Director may reduce the total required off-street vehicle parking spaces per Section 18.765.070.H by up to a total of 20%by means of parking adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.a 18.370.020.C.7.a. 3. The Director is authorized to reduce up to 10% of existing required parking spaces at a conversion ratio of one parking space for each 100 square feet of transit facility for developments which incorporate transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or other transit-related facilities through a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.370.020.C.5.c. 18.370.020.C.7.c. Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.775 SENSITIVE LANDS 18.775.020 Applicability of Uses:Permitted,Prohibited,and Nonconforming E.Administrative sensitive lands review. 1.Administrative sensitive lands permits in the 100year flooOlain, drainage way, slopes that are 25% or greater, and unstable ground shall be obtained from the appropriate community development division for the following: a. The City Engineer shall review the installation of public support facilities - _ . . . -., , - - , . . , by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Section; Finding: This amendment is proposed to make the Code consistent with proposed amendments for Section 18.120.030, Meaning of specific words and terms A.117 "public support facilities". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.780 SIGNS 18.780.015 Definitions A. Definitions.As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions,and are as follows: 8. `Billboard"means a freestanding sign in excess of the maximum size allowed, with adjustments, in the locations where it is located or proposed to be located Billboards are prohibited by Tigard Code Section 18.780.070.M: Certain Signs Prohibited. Finding: The existing text describes Freeway-oriented sign and implies billboards which are prohibited. The Oregon Motorist Information Act provides for billboards while the City's code prohibits by 18.780.070.m. To make the code more clear, this amendment is proposed to note that billboards are prohibited by 18.780.070.m. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.020 Permits Required , C. Compliance with - 6' State Building Code. Separate structural permits under the State DCA2009-00003 8/25/09 Proposed Amendmezlts to TMC Title 18 PAGE 18 OF 19 • • Building Code shall also apply. Findings: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.780.070 Certain Signs Prohibited B. Unsafe lips or impmper/y maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign stricture is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as.specified in the Zferm Building State Building Code or this title. Finding: The"Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.780.140 Sign Code Adjustments A. Adjustments. The Director may grant an adjustment to the requirements of this Section by means of a Type I or Type II procedure, as governed by Section 18.390,using approval criteria in Section 18.370.020 C.6. 18.370.020 C.8. Finding: Scrivener's error;incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.130 Zoning District Regulations R In the C-N and C-C Zones.No sign shall be permitted in the C-N and. BG C-C Zones except for the following:: Finding: Scrivener's error; incorrect Zoning District reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.015 Definitions A. Definitions.As used in this title,unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110,Definitions,and are as follows: 7. `Bench sign„ ••.. .. . - :,, . :,;means a bench designed• to seat people with a sign painted or af1"ixe. on the surface. Finding: This amendment effectively removes any reference to content of the sign. Content is not emitted to be regulated by federal law. This amendment addresses.the City Attorney's concern provided by Gary Firestone. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with contemporary land use law. Chapter 18.798 WIRELESS COMMUNICATION FACILITIES 18.798.060.B. Review criteria.Any use subject to review per Section A above, shall be evaluated using the following standards: 3. Setbacks: Towers shall be set back from the pmperty line by a distance equal to the height of the tower.A Type II adjustment may be obtained to reduce this setback, subject to criteria of approval contained in Section 18.370.020.C. ._; Finding: Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. • DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGP 19 OF 19 John Frewing • DCA2009-00046 EXHIBIT 7110 SW Lola Lane OMNIBUS CODE AMENDMENTS • :Tigard, OR 97223 • • AFFIDAVIT OF MAILING N. . .,P TIROZARD . I,Patricia L.Lunsford,being first dulyswom/affirm,on oath depose and say that I area Planning Assistant for the City of Tigard,Washington County, Oregon and that I served the following: l Chock APP,,.B=)B w} F3 NOTICE OF PUBLIC HEARING FOR • DCA2009-00003/OMNIBUS "HOUSEKEEPING" ITEMS (File NoJName Reference) ❑ AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ® Tigard City Council (9/8/2009) A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named pe ..n(s) at the address(s) shown on the -. .ched list(s),marked Exhibit "B", and by reference made a part hereof,on A ; t 18 J$09 and dep. • -• in th- united States • on August 18,2009,postage prepaid. 1/4_ . V ixedi (Person that Prep ed Notic STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the , Z`'' dayof ,2009. SHIRLEY L TREAT Y PU C OF ORE GONN` _e- NOTARY PUBLIC OAEEION ` COMMISSION NO.416777 M Corru�iission Expires: ��S/ I ', MY COMMISSION EXPIRES APRIL 25,2011 1 y xP • • EXHIBIT A_ NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOURECEIVE THIS NOTICE, ,a IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER 1,1 p TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, SEPTEMBER 8, 2009, AT 7:30 PM. THE PUBLIC HEARING WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THIS HEARING IS FOR THE PURPOSE OF RECEIVING "TESTIMONY FROM THE PUBLIC FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2009-00003 FILE TITLE: TIGARD OMNIBUS "HOUSEKEEPING" ITEMS APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: The City of Tigard is requesting approval of Development Code Amendments to promote consistency among the Code Chapters. These "housekeeping" items are from Community Development Code Chapters 18.120 Definitions, 18.220 Zoning Administration, 18.310 Summary of Land Use Permits, 18.330 Conditional Use, 18.350 Planned Developments, 18.360 Site Development Review, 18.385 Miscellaneous Permits, 18.390 Decision-Making Procedures, 18.410 Lot Line Adjustments, 18.430 Subdivisions, 18.510 Residential Zoning Districts, 18.520 Commercial Zoning Districts, 18.530 Industrial Zoning, 18.640 Durham Quarry Design Standards, 18.705 Access, Egress, and Circulation, 18.710 Accessory Residential Units, 18.715 Density Computations, 18.730 Exceptions to Development Standards, 18.742 Home Occupations, 18.745 Landscaping and Screening 18.760 Non-Conforming Situations, 18.765 Off-Street Parking and Loading Requirements, 18775 Sensitive Lands, 18.780 Signs, and 18.798 Wireless Communication Facilities. The proposed amendments are available online on the City's website at http://www.tigard-or.gov/city hall/departments/cd/codeamendment.asp for review. LOCATION: Citywide (City of Tigard). ZONE: Various residential, commercial and industrial zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390. Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2: Land Use Planning. Metro Functional Plan: Metro Code Sections 3.07,Urban Growth Management Functional Plan. Statewide Planning Goals 1,2. THE PUBLIC HEARING ON THIS MATTIER WILL BE CONDUC1ED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD 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 WRITTEN INTIMONY IS INVITED. ANYONEIPISHING TO PRESENT WRI'I'1'EN 'TESTIMONY ON THIS PROPOSED AC11ON 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 CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRI FIEN TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE AC11ON ON THE APPLICATION. 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 (25 ) 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 INSPECI1ON 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 ASSISTANT PLANNER HAP WATKINS AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO Hapatigard-or.gov. • • Barry y Albertson Josh Thomas EXHIBKE. 15445 SW 150th Avenue 10395 SW Bonanza Tigard, OR 97224 Tigard, OR 97224 David Walsh Tim Esau 10236 SW Stuart Court PO Box 230695 Tigard, OR 97223 Tigard, OR 97281 Don &DorothyErdt Ross Sundberg - 13760 SW 121st Avenue 16382 SW 104th Avenue Tigard,OR 97223 Tigard, OR 97224 Ellen Beilstein Sue Rorman 14630 SW 139th Avenue 11250 SW 82nd Avenue Tigard, OR 97224 Tigard, OR 97223 Martha Bishop Naomi Gallucci 10590 SW Cook Lane 11285 SW 78th Avenue Tigard,OR 97223 Tigard, OR 97223 Vanessa Foster Brian Wegener 13085 SW Howard Drive 9830 SW Kimberly Drive Tigard, OR 97223 Tigard, OR 97224 Susan Beilke Patricia Keerins 11755 SW 114th Place 12195 SW 121st Avenue Tigard, OR 97223 Tigard, OR 97223 John Frewing Alexander Craghead 7110 SW Lola Lane 12205 SW Hall Boulevard Tigard, OR 97223 Tigard, OR 97223-6210 Paul Owen GPO 4B 10335 SW Highland Drive 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Tigard, OR 97224 Rex C'affall Craig Smelter 13205 SW Village Glenn PO Box 1467 Tigard,OR 97223 Tualatin, OR 97062 • Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136di Place Tigard, OR 97224 Joseph Dyar 10285 SW Highland Drive Tigard, OR 97224-4668 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Todd Harding and Blake Hering Jr. Norris Beggs &Simpson 121 SW Morrison, Suite 200 Portland, OR 97204 CITY OF TIGARD- CITYWIDE INTERESTED PARTIES (i:\curpin\setup\labels\CIT CityWide.doc) UPDATED: 16-Dec-08 • • • AFFIDAVIT OF MAILING I,Patricia L. Lunsford,being first duly sworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard,Washington County, Oregon and that I served the following: {Chedt sox(s)ae } © . NOTICE OF PUBLIC HEARING FOR DCA2009-00003/TIGARD OMNIBUS "HOUSKEEPING Tl'EMS (File No./Name Reference) ❑ AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer • Tigard Planning Commission (7/6/2009) ❑ Tigard City Council A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the,a- : ed list(s),marked Exhibit "B", and by reference made a part hereof, on Ma 15d1!i'9 and deposited the United States Mail • May 15,2009,postage prepaid. AV...ALA/1M 0(14 .F (Perso 1rat Prep. e. ce) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the day of t l-( ,2009. OFFICIAL SEAL � SHIRLEY L TREAT l a c 1 NOTARY PUBLIC-OREGON ' COMMISSION NO.415777 NOTARY P :LTC OF OREGON `t MY COMMISSION EXPIRES APRIL 25,2011 /. My Commission Expires: etla-S i 1 • EXHI : NOTICE TO MORTGAGEE,INHOLDER,VENDOR OR SEER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, q 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, JULY 6, 2009, AT 7:00 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) 2009-00003 FILE TITLE: TIGARD OMNIBUS "HOUSEKEEPING" ITEMS APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: The City is requesting approval of forty seven Development Code Amendments to promote consistency among the Code Sections. These "housekeeping" items are from Code Chapters 18.120 Definitions; 18.780 Signs; 18.330 Conditional Use; 18.350 Planned Developments; 18.385 Miscellaneous Permits; 18.390 Decision-Making Procedures; 18.430 Subdivisions; 18.520 Commercial Zoning Districts; 18.705 Access, Egress, And Circulation; 18.715 Density Computations; 18.730 Exceptions To Development Standards; 18.765 Off-Street Parking And Loading Requirements; 18.775 Sensitive Lands; 18.220 Zoning Administration; 18.510 Residential Zoning Districts; 18.640 Durham Quarry Design Standards; 18.710 Accessory Residential Units; 18.742 Home Occupations; 18.745 Landscaping And Screening; 18.798 Wireless Communication Facilities; 18.760 NonConforming Situations; 18.410 Lot Line Adjustments; 18.360 Site Development Review. LOCATION: Citywide (City of Tigard). ZONE: The proposal is a Development Code Text amendment it is not applicable to a specific property or group of properties. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.130, 18.380, 18.390. Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2: Land Use Planning. Metro Functional Plan: Metro Code Section 3.07, Urban Growth Management Functional Plan. Statewide Planning Goals 1 and 2. THE PUBLIC HEARING ON THIS MA I ER 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 (1'DD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRITINN litIIMONY IS INVITED. ANYONE•SHING TO PRESENT WRI'FIEN TESTIMONY ON THIS PROPOSED ACHON 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"I°IEN 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 COMMISSION'S 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 INSPECITION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) 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 INSPECI1ON 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 PLANNING MANAGER DICK BEWERSDORFF AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO dickangard-or.gov. • • • EXHIBI TCL Barry Albertson Josh Thomas 15445 SW 150th Avenue 10395 SW Bonanza Tigard, OR 97224 Tigard, OR 97224 David Walsh Tim Esau 10236 SW Stuart Court PO Box 230695 Tigard, OR 97223 Tigard, OR 97281 Don&Dorothy Erdt Ross Sundberg 13760 SW 121st Avenue 16382 SW 104th Avenue Tigard, OR 97223 Tigard, OR 97224 Ellen Beilstein Sue Rorman 14630 SW 139th Avenue 11250 SW 82nd Avenue Tigard, OR 97224 Tigard, OR 97223 Martha Bishop Naomi Gallucci 10590 SW Cook Lane 11285 SW 78th Avenue Tigard, OR 97223 Tigard, OR 97223 Vanessa Foster Brian Wegener 13085 SW Howard Drive 9830 SW Kimberly Drive Tigard, OR 97223 Tigard, OR 97224 Susan Beilke Patricia Keerins 11755 SW 114th Place 12195 SW 121st Avenue Tigard, OR 97223 Tigard, OR 97223 John Frewing Alexander Craghead 7110 SW Lola Lane 12205 SW Hall Boulevard Tigard, OR 97223 Tigard, OR 97223-6210 Paul Owen CPO 4B 10335 SW Highland Drive 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Tigard, OR 97224 Rex Caffall Craig Smelter 13205 SW Village Glenn PO Box 1467 Tigard, OR 97223 Tualatin, OR 97062 • • Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Joseph Dyar 10285 SW Highland Drive Tigard, OR 97224-4668 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 Portland, OR 97204 • CITY OF TIGARD-CITYWIDE IN"I"ERESTED PARTIES (i:\curpin\setup\labels\CIT CityWide.doc) UPDATED: 16-Dec-08 • lit ' PUBLIC HEARING ITEM: The following will be considered by , the Tigard Planning Commission at • q a Public Hearing on Monday July 6, 2009 r COMMUNITY Center at 7:00 Hall, the Tigard Civic _I • 111111 i � Center - Town Hall, 13125 SW Hall - SPAPERS Blvd.,Tigard,Oregon. Public oral or written testimony is r T I G A R D invited. The public hearing on this 8005 8E Lobo Road,Portland, bone:5 3.91222•Fa Box 22109 Portland OR 97209-2109 matter will be held under Title 18 and Plume:503.8040300 Fax:503.820-3433 rules of procedure adopted by the E-mall:Iegals@commaewspapers.com Council and available at.City Hall or the rules of procedure set forth in Section 18.390.060.E. The AFFIDAVIT OF PUBLICATION Planning Commission's review is for the purpose'of making a recommendation to the City Council on the request. The State of Oregon, County of Washington, SS Council will then hold a public hearing on the request prior to I, Charlotte Allsop, being the first duly sworn, ' making a decision. depose and say that I am the Accounting Further information may be obtained from the City of Tigard Manager of The Times (serving Tigard, I Planning Division(Staff contact: Dick Bewersdorff)at 13125 Tualatin & Sherwood), a newspaper of , SW Hall Blvd., Tigard, Oregon 97223 or by calling 503-639- general circulation, published at Beaverton, 4171. in the aforesaid county and state, as defined DEVELOPMENT CODE AMENDMENT by ORS 193.010 and 193.020, that (DCA)2009-00003 LEGISLATIVE UPDATE: City of Tigard Tigard Omnibus"Housekeeping"Items Notice of Public Hearing/DCA2009-00003PC REQUEST: The City of Tigard is requesting approval of TT11332 .. _ Development Code Amendments to promote consistency among the Code Chapters. These "housekeeping" items are from A-co'ijr of.which'is hereto annexed, was Community Development Code Chapters 18.120 Definitions, published in.the entire issue of said 18.220 Zoning Administration, 18.310 Summary of Land Use newspaper for Permits,18.330 Conditional Use,18.350 Planned Developments, 1 • 18.360 Site Development Review, 18.385 Miscellaneous Permits, 18.390 Decision-Making Procedures, 18.410 Lot week in the following issue: Line Adjustments, 18.430 Subdivisions, 18.510 Residential June 18, 2009 Zoning Districts, 18.520 Commercial Zoning Districts, 18.530 Industrial Zoning, 18.640 Durham Quarry Design Standards, 18.705 Access, Egress, and Circulation, 18.710 Accessory Residential Units, 18.715 Density Computations, ejt-150(LO4k. CALtilq 18.730 Exceptions to Development Standards, 18.742 Home Occupations, 18.745 Landscaping and Screening, 18.760 Non- Charlotte Allsop (Accounting Manager) Conforming Situations, 18.765 Off-Street Parking and Loading Requirements,18.775 Sensitive Lands,18.780 Signs,and 18.798 Subscribed and sworn to before me this Wireless Communication Facilities. LOCATION: Citywide. June 18, 2009. ZONE: Various residential, commercial and industrial zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390. Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2: Land ) ZLLC Use Planning. Metro Functional Plan: Metro Code Sections NOTARY PUBUB PUBLIC FOR ORE 3.07, Urban Growth Management Functional Plan. Statewide . My commission expires Planning Goals 1, 2. The proposed amendments are available . - online on the City's Web site at http://www.tigard-or.gov/city q Acct#10093001 hall/departments/cd/code amendment.asp•for review. -I 9 • Attu`_Patty,Lunsford. 11� Publish 06/18/2009. TT11332 i City`of Tigard • • ' ' 13125`SW Hall`Blvd- • -- -- ` - Tigard, OR 97223 . Size: 2x7.75 Amount Due$129.42* 'Please remit to the address above. l g . ALLLO 9bS.£OS loon 4t aij axa,l,t'nooaV xomr55 ,_ ,.a4. �i ua1 M aua.�j x - .0 Ya pa' ' :. ::"' ' . ,, ' '-' ' ''. ' '''':0[IUI 14* ' r toof ss r s a t' vs ; . 'J.' A 'it, .,3041: 4 z ,z1N M¢ ng Nza o � LI. V VW ao F . ti a IaadX L 0. d S pP S i L y aM 11� y�3 z N L , , � F oz 13::* 1 amt• �- ; q m� yb � F£/• L F� ` C K6 "14�s7,�je v`n` a 'im 'a ,�`�AAlPY-.akz`� x. �•y ` ,r Aa _3� f 6 x��R AS2A�a� a... F" F �' "rte x , a14•ae,f ;,y3 cva- 1.4N41,4,,,,411,41Vi 17,,,,'',:,-;::: bk,3,-,:, ,(''''A'Sc.„ ,,, ,A:44,',::400- ., , • talk tg,„;:::- :1;. ,A ,:,,,,-,:•,,,,,,,,o:N„-„,, N:pamigoosis: ' • V, V..x.Q�xS.+SACi .L'n. s, 5� ' .-.✓L a,1..c a�c sw..,,...na aa� tt: ..<. . , • , CO1��lMUNITY �z • .l �.n„ . r� S \� `caw �y 8805 SE Isle Road,Porlleed OR 87222• v m �'rg*ti ,op,x4 oX s s i i PO Bas 22109 Mug 0R 07209.2109 r4 tU a 1 i5S>�! k � y Moe:503 0040380 Fes 503-020M3 s o a e g R g E-mall:lapels @commsewspapers.cam 40100/01,100- aurOf�[ � , f,3 C F N ,,:.,.rq+,t.7 a rsR '�'iR[aet1r"aa ,�z 3.i AFFIDAVIT OF PUBLICATION i r a�lges 1 " 1, �� a s a F x 'S,m�a. '� �F.?� F4rs •✓` $ <a"``vs�s�x �' �'L'v S 1,3�s 3' 3`r Eg State of Oregon, County of Washington, SS 1 0,� 6 � 6s .++^„"'' '—'� '`°`° A ' I, Charlotte Allsop, being the first duly sworn, • depose and say that I am the Accounting Manager of The Time (serving Tigard, Tualatin & Sherwood), a newspaper of general circulation, published at Beaverton, in the aforesaid county and state, as defined by ORS 193.010 and 193.020,that City of Tigard • Notice of Public HearingiDCA2009-00003PC TT11332 Acopy of.which=is hereto annexed, was p.bblished'in.the entire issue of said newspaper for 1 week in the following issue: June 18, 2009 • C„hvyt,ot C Charlotte Allsop (Accounting Manager) Subscribed and sworn to before me this June 18, 2009. OFFICIAL SEAL � COMMISSION NO.4372185 MY COMMISSION EXPIRES MAY 16,2013 Acct#10093001 S s• ; .Attri';Pay L,unford `-' :!City'of'Tigad ' I ' ' "-i "3125 W HallBvd• ' ° Tigard, OR 97223 • Size: 2x7.75 Amount Due$129.42* 'Please remit to the address above. S • COMMUNITY i City of Tigard NEWSPAPEIS PUBLIC HEARING ITEM: IR The following will be considered by the 6605 SE Lake Road,Portland,OR 97222•PO Box 22109 Tigard City Council on Tuesday September Portland OR 97269-2109 _ " 8,2009 at 7:30 PM at the Tigard Civic Center Phone:503-684-0360 Fax:503-620-3433 - Town Hall, 13125 SW Hall Blvd., Tigard, E-mail: legals@commnewspapers.com T I G A RD Oregon. . J . Public oral or written testimony is invited. AFFIDAVIT OF PUBLICATION The, public hearing on this matter will be held under Title I 18 and rules of procedure adopted by the Council and avail- State of Oregon, County of Washington, SS able at City Hall or the rules of procedure set forth in Section I, Charlotte Allsop, being the first duly sworn, 18.390.060E. depose and say that I am the Accounting Manager of The Times(serving Tigard, Further information may be obtained from the City of Tigard Tualatin & Sherwood), a newspaper of I Planning Division (staff contact: Hap Watkins) at 13125 SW. general circulation, published at Beaverton, Hall Blvd., Tigard, Oregon 97223, by calling 503-639-4171, or by email to hap @tigard-or.gov. in the aforesaid county and state, as defined by ORS 193.010 and 193.020, that I DEVELOPMENT CODE AMENDMENT(DCA)2009-00003 LEGISLATIVE UPDATE: Tigard Omnibus City of Tigard ! "Houskeeping"Items Notice of Public Hearing/DCA2009-00003 ' REQUEST: The City of Tigard is requesting approval of. TT11352 Development Code Amendments to promote consistency among the I Code Chapters. These"housekeeping"items are from Community A copy of which is hereto annexed, was ; Development Code Chapters 18.120 Definitions, 18.220 Zoning published in the entire issue of said 1 Administration, 18.310 Summary of Land Use Permits, 18.330 I newspaper for i Conditional Use, 18.350 Planned Developments, 18.360 Site 1 Development Review, 18.385 Miscellaneous Permits, 18.390 week in the following issue: I Decision-Making Procedures, .18.410 Lot Line Adjustments, August 20, 2009 18.430 Subdivisions, 18.510 Residential Zoning Districts, 18.520 I Commercial Zoning Districts, 18.530 Industrial Zoning, 18.640 I Durham Quarry Design Standards, 18.705 Access, Egress, and I Circulation, 18.710 Accessory Residential Units, 18.715 Density CIVI1/04k. Computations, 18.730 Exceptions to Development Standards, 1/04k. Q i 18.742 Home Occupations, 18.745 Landscaping and Screening, ; 18.760 Non-Conforming Situations, 18.765 Off-Street Parking Charlotte Allsop (Accounting Manager) and Loading Requirements,18.775 Sensitive Lands,18.780 Signs, I and 18.798 Wireless Communication Facilities. LOCATION: Subscribed and sworn to before me this • Citywide. ZONE: Various residential,commercial and industrial August 20, 2009 zones. APPLICABLE REVIEW CRITERIA: Community Development'Code Chapters 18.380, 18.390. Comprehensive Plan Chapters.Goal 1: Citizen Involvement; Goal 2: Land Use' Planning. Metro Functional Plan: Metro Code Sections 3.07, G 4gr? Urban Growth Management.Functional Plan. Statewide Planning NOTARY PUBLIC Goals 1,2. The proposed amendments are available.online on the I My commission expires City's website at http://www.tigard-or.gov/city hall/departments/ ,l cd/code amendment.asp for review. I Acct#10093001 Publish 8/20/2009 TT11352 _ Attn: Patty Lunsford City of Tigard . " 13125 SW Hall Blvd Tigard, OR 97223 Size: 2x6.75 Amount Due: $112.73* 'Please remit to the address above. £tOZ'9 t MAN S3HIdX3 NOISSW M09 MN 39Zat7 ON NOISSIMOO NO9380-0119f1d AUV1ON SS3J�S 91�INo Ob ortlandtribune.com Reserve your space today? 503-684-0360 tlandtribune.com APPENDIX C Public Notice of No Significant Impact(FNSI)Determination Date: August 13,2009 FINDING NO SIGNIFICANT IMPACT To: From: Subject: All interested Government Agencies, Public Groups,and Concerned Citizens City of Sherwood In accordance with rules and procedures implementing the state Drinking Water Revolving Loan Fund, an environmental assessment (EA) has been performed by the Oregon Department of Human Services — Drinking Water,Program (Department) on the proposed project City of Sherwood Water Supply Improvement Project Transmission Pipeline. Purpose and Summary: The purpose of this project is to provide a safe and reliable potable water supply for the City of Sherwood's service area. The proposed work includes construction of approximately 18,000 linear feet of 48-inch diameter welded steel water transmission pipe. Finding: The Department has reviewed the environmental information document (EID) submitted by the City of ood. Followin the review, the Department has issued •anoge ssaippe ay►of i!wai asee d. *EL'Z66$ :ana;unowy SL'9xZ :az!S £ZZL6 210 `PJe6i1 PAI IIeH MS 5Z 1E1 Pue61140 40 pio;sun1 /Cued AMY 600£6006#100V saJ!dxe uo!ss!wwoo/(w 0310 210d OfBld M1V10N 79r7 600Z `oz;sn6ny s!4l aw moo 0;WOMS pue paq!JosgnS (Ja"euew 6u!;un000y) dospy 91101-1e40 ryno d of 100\)(,-; 6002 `0Z isnbny :anss! 6u!Molloi eql u! )190M Jol JadedsMau pies to anss! aJi;ua ay;u! pags!lgnd seM 'paxauue olaJaq s! yo!wM Jo i(doo v ZS£6611 £0000-600ZV3a/6u!JeeH o!Ignd Jo 03140N pae6!1 Jo Am legl`0Z0'C61. PUe 060'£66 S210 Aq pau!lap se 'awls pue AwnoO p!esaJOle ay; u! 'uopaneag le pays!Ignd `uo!lelnoJ!o !eJaua6 10 JadedsMau e `(pooMJa4S '9 u!wlenl 'Ne6!16u!AJas)sawn eta Io Ja6eue j 6u4un000y an we I ley;Aes pue asodap `WOMS 6u!aq 'dosily 84011e40 `I SS 'uo16u!4seM to A;uno0 'uo6aJ0;0 a;e;S NOLLV0118fd dO ltAValddV woasJadedsmauwwoopsIe6aI :1nw-3 EEb£-OZ9-£OS:x2309£0-i799-£0S moqd 6012-692L6 HO PUelUod 601ZZ Xo8 Od•ZZZL6 HO'PUe!Uod'peoy a)e13S 5099 Sli3cPVaS1VUN �iuvnwwo� • 0 • v411-, in person ❑ electronic El mailed El DLC Nonce of ,a U (b� Proposed Amendment THIS FORM MUST BE RECEIVED BY DLCD AT LEAST 1. 45 DAYS PRIOR TO'THE FIRST EVIDENTIARY HEARING Lfd PER ORS 197.610, OAR CHAPTER 660, DIVISION 18 r F01 rx_cn Usc or,iv Jurisdiction: City of Tigard Date of First Evidentiary Hearing : 07/06/2009 Local File Number: DCA2009-00003 Date of Final Hearing: Is this a REVISION to a previously submitted proposal? ❑Yes No Date submitted: ❑ Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ® Land Use Regulation Amendment ❑ Zoning Map Amendment ❑ New Land Use Regulation ❑ Urban Growth Boundary Amendment ❑ Transportation System Plan Amendment ❑ Other: Briefly Summarize Proposal. Do not use technical terms. Do not write "See Attached"(limit 500 characters): 47 housekeeping items in Ch.18, Sections: 120 Definitions; 780 Signs; 330 CUP; 350 PD; 385 Misc. Permits; 390 Decision-Making; 430 Subd.; 520 Com. Zoning Dist.; 705 Access, Egress, Circulation; 715 Density; 730 Exceptions To Dev. Stds; 765 Parking And Loading; 775 Sensitive Lands; 220 Zoning Admin.; 510 Res. Zoning Districts; 640 Durham Quarry Stds; 710 Accessory Res. Units; 742 Home Occ.; 745 Landscaping Screening; 798 Wireless Comm. Facilities; 760 NonConf; 410 Lot Line Adj.; 360 SDR; Has sufficient information been included to advise DLCD of the effect of proposal? ®Yes, text is included For Map Changes: Include 8'/"x11" maps of Current and Proposed designation. ❑ Yes, Maps included Plan map changed from: N/A To: N/A Zone map changed from:N/A To: N/A Location of property (do not use Tax Lot): N/A Previous density:N/A New density: N/A Acres involved: 0.00 Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Is an exception to a statewide planning goal proposed? ❑ YES ® NO Goals: Affected state or federal agencies, local governments or special districts (It is jurisdiction's responsibility to notify these agencies. DLCD only records this information): City of Tigard; Washington County; Oregon Department of Transportation; Metro; City of Portland; City of Beaverton; City of King City; City of Sherwood; Tri-Met; City of Lake Oswego. Local Contact: Dick Bewersdorff Phone: 503-639-4171 Extension: 2432 Address: 13125 SW Hall Boulevard City: Tigard Zip: 97223 Fax Number: 503-598-1960 E-mail Address: Dick @tigard-or.gov DLCD file No. • S MITTAL REQUIREMEtS This form must be received by DLCD at least 45 days prior to the first evidentiary hearing per ORS 197.610 and OAR Chapter 660, Division 18 1. This form must be submitted by local jurisdictions only (not by applicant). 2. When submitting, please print this form on light green paper. 3. Text: Submittal of a proposed amendment to the text of a comprehensive plan or land use regulation must include the text of the amendment and any other information the local government believes is necessary to advise DLCD of the effect 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. Do not submit this form without supporting documentation. • 4. Maps: Submittal of a proposed map amendment must also include a map of the affected area showing existing and proposed plan and zone designations. The map should be legible and on 8'/2 x 11 inch paper. Please provide the specific location of property, such as an address and/or tax lot number. Include text regarding background and/or the justification for the change, such as the application accepted by the local government. 5. Exceptions: Submittal of proposed amendments that involve a goal exception must include the proposed language of the exception. 6. Unless exempt by ORS 197.610(2), proposed amendments must be received at the DLCD's Salem office at least 45 days before the first evidentiary hearing on the proposal. (The clock begins on the day DLCD receives your proposal.) The first evidentiary hearing is usually the first public hearing held by the jurisdiction's planning commission on the proposal. 7. If you have an electronic copy of the proposal, we would like you to submit one electronic copy [email, CD, or upload to DLCD (for submittal instructions, see # 4)] and ONE PAPER COPY 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 8. Electronic Submittals: One hard copy must be sent by mail or in person, but you may also submit an electronic copy, by either email, CD, or upload documents to us. You may access this website to upload documents: http://webserver.lcd.state.or.us/upload2/uploadForml.php. If you submit documents to this website, please email Mara Ulloa at mara.ulloa @state.or.us when you have sent your documents electronically. On the same day, please mail [1] hard copy to our office. 9. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. Please print forms on 8-1/2x11 green paper only. You may also call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email your request to mara.ulloa(a,state.or.us . http://www.lcd.state.or.us/LCD/forms.shtml Updated September 4,2008 • • • City of Tigard Notice of Proposed Amendment Attachment 1: • Amendment Language: DCA2009-0003 Omnibus Code Amendment• — Housekeeping Items • (Bold and underline text indicates proposed new language and rtrikc through indicates language proposed to be deleted.) SECTION 18.120 DEFINITIONS 18.780.015 Definitions A. Definitions.As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions, and are as follows: 7. `Bench sign" • - ; ;• •.. :• •• ; ; ; • ,. • -• , .. . ;; _ ;means a bench • designed to seat people with a sign painted or affixed on the surface. 18.120.030 Meaning of Specific Words and Terms • A. For additional words and terms, also see Use Classifications(Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755);Sensitive Lands(Section 18.775);Signs(Section 18.780);Tree Removal(Section 18.790);and Wireless Communication Facilities (Section 18.798).As used in this title, the following words and phrases mean: 4. `Accessory building or structure"-A freestanding structure whose use is incidental and subordinate to the main use of property Land-is located on the same lot as the main use and is freestanding or is joined to the primary structure solely by non-habitable space as defined by the State Building Code. 6. `Addition"-A modification to an existing building or structure which increases its height or increases the site coverage.A structure is considered an addition only when it shares a common wall with and is structurally dependent on the primary structure. (See also "Accessory building or structure" and "common wall") • 43. "Common Wall" —A wall or joined walls that share a boundary to provide separation of interior spaces. For vertical additions, a floor/ceiling assembly is the a shared boundary separating spaces. 54. `Density"-The intensity of residential land uses, usually stated as the number of housing units per acre and defined in Section 18.720. 18.715. • 117. "Public support facilities"—services which are necessary to support uses allowed outright in the underlying zone and involve only minor structures such as underground utilities and construction ofroadway improvements including sidewalks, curbs,streetlights, and driveway aprons,power lines and poles.phone booths, fire hydrants. as well as bus stops. benches and mailboxes which are necessary to support principal development. I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 1 • • Section 18.780 SIGNS 18.780.015 Definitions A. Definitions.As used in this title, unless the context requires otherwise,the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions, and are as follows: 8. `Billboard"means a freestanding sign in excess of the maximum site allowed, with adjustments, in the locations where it is located or proposed to be located. Billboards are prohibited by Tigard Code Section 18.780.070.M: Certain Signs Prohibited. . 18.780.020 Permits Required C. Compliance with UBC State Building Code. Separate structural permits under the Uniform Building Code State Building Code shall also apply. • 18.780.070 Certain Signs Prohibited B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the Uniform Building Code State Building Code or this title. • 18.780.140 Sign Code Adjustments A.Adjustments. The Director may grant an adjustment to the requirements of this Section by means of a Type I or Type II procedure, as governed by Section 18.390, using approval criteria in Section 18.370.020 C.6. 18.370.020 C.8. 18.780.130 Zoning District Regulations E. In'the C-N and C-C zones. No sign shall be permitted in the C-N and 6B4 C-C zones except for the following: • • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 2 • • Section 18.330 CONDITIONAL USE 18.330.020 Approval Process E. Approval period. Conditional use approval by the Hearings Officer shall be effective for a period of 1-1/2 years from the date of approval. The conditional use approval by the Hearings Officer shall lapse if: 1. Substantial construction of the approved plan has not begun within a one and one half year period; or 2. Construction on the site is a departure from the approved plan. 18.330.020.0 Minor modification of approved or existing conditional use. 2.An applicant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.010 18.390.030, using approval criteria in SubSection C3 below. I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_final_O5_06_2009 Attachment 1 Amendment Language.docx 3 • • • . TABT E 18.390.1 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE Type Permit/Land Cross-Reference(s) • 11(13.390.040) Access!Egress Adjusnuent 18.370.020 C3b _IA.1310:b30 porsa:as oy Y? •OE MiCISLa15-1.1.1ALLtif,,FECCG•311.M. TABLE 18.39'0.1 -SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROC.-BUR-I. • PennieLzad Ctrost--Egfer 1.;13 393.03 7.1) Aczas;Dry:Kr;idoutild 17610.- :3-710 Davolopmeat 52 f.'czoo IS 7.2 • Lamir:apExtr Adyascmorkir - ExivinzStroat T:ors '824'0.020 C4 1U45 - N,ow Stisot 7:r:: 13.37C.02-8 C413: 13.745 Let Lizr-zkeljul:aionr 13..4•13.6-18 •Min;zeinz Resi3coritize.Drzsi:y 13.3.7C 023 C2;18.43C.11.7:5 re=cczfor-miLsg Liso rDefirmation 13;.335.033A;1$.76-0 • :Injus..am Ira; - FL:Auctiara cLiuEun Partime 18_370,02 OS:=.;1 S..755 Ex:i;Ii Dro:o1c2zatscIrxtsi., - Rod:let:6m 8:eck•±2,g,Lam -u.21h 1SC.CrirD c5g; - Now 1.3.780 - Exis.667 13.7E:0 Sir;Dv..olopmoutliEmo -tocation 11,363.098 pr: U ; - trsos 1S..765 • SieiDnal:-Spci- 13.7E5 - Tao 3. diu2 11,7E5 • Tempo:11y ■ CE:G:HOILID IS.751 re;RACI101,11. Kranovz: 13370.E.13 17;I-3.790 - 11,1'90 Wi:olos.,Coma ariertiez..,r 1370.+140 C56; 187.13 S.:1'6.1f from Ochre.TOM:CC.; Conditional Use/Minor Modification 18.330.030 • DevisiorratakiNT Pr or .11.399-.) S".E qadai e:104.0 • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_AmendDLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 4 • • Section 18.350 PLANNED DEVELOPMENTS 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: 4. In addition, the following criteria shall be met: m. Shared open.pace facilities:These requirements are applicable to residential planned developments only. 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 yearfloodplain). (2)Passive use facilities. Up to 100%of the open space requirement may be satisfied b 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. • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 5 • • Section 18.385 MISCELLANEOUS PERMITS S etion 1Q 385 MISCELLANEOUS PERMITS S� - . . • r . - ! e ! - - .. A. Criteria for historic overlay district designation. 1. Approval of an historic overlay district design: :: .. : ,_ - -- -: - - a finds that any of the following critcria have been mete stated in Section 18.710.010,Purpoac; b. The site or area proposed for the designation reflects the broad cultural or natural history of the community, state or nation; c. The site or area is identified with historic personages, or :: -; ;;" s t a t e or local history; d. The cite or area proposed for the designation embodies the distinguishing characteristics of an architectural specimen inherently valuable for a study of a period,style or method of construction; or c. The proposed site or area is a notable work of a master builder, designer or architect. -- - - - : - - - - - - • - s! ! re 1. The original historic overlay district dcai: : .:- . : . ; •- - - - -- - : ; 3. The resource designated with the historic overlay district designation is no longer of significance to the public; or 1. The historic overlay district designation is causing the property owner to bear an unfair economic burdcn to maintain the property as an historic or cultural resource. Director using the fallowing critcria: 1. The purpose of the historic overla• a. - • . - a • .- - •a- ' e.! !; preservation or renovation; �. The physical condition of the structure or landmark in an historic overlay district, -acrd 5. The general compatibility of exterior design,arrangement, proportion, detail, scale, color, texture, and materials proposed to be used with an existing structure in an historic overlay district. I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 6 • • . - - - - :. .:.. . - - - - - _ , -. . . _ aaa .a-, - - , the following criteria: 1. The purpose of thin Scction - -- : - - •=- -• • ••= consideration i3 situated; other building3 within the di3trict, and the po3ition of the building or structure in relation to public right3 of way, and to other buildings and 3tructurc3 in the area; value; and • .. '-•• • .. . .I ! - . - - ! - . . . : p - -- • • - - .. :, . - -- - . . .- - - - -:: . ••• - .. • .: .- - ... . - - 2 ! • . - - - . : - - 3. I3 undertaken in a manner .-: -: a -• -=• a == -•C.Cet .nis-4-a -i-vo -••a-- ••;- •-- . :. : a • • a-- - •1 Further-lirniting-the-hoturs;days;place.and-manner-af erati©rr; 3. Requiring additional building Setbacks, and increased lot area, depth or width; etc-uPfttien-; I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 7 • • accommodate thc home occupation; - 10. Limiting or setting standards for the location and intensity of outdoor lighting; I• 11. Requiring and designating the size,height and location of knees and materials used for their construction; • slopes,wildlife habitat areas and drainage areas; 13.Limiting the type and numbcr of vehicles or equipment to be parked or stored-on thc site; and 11.Any other limitations which the Director considers to be neeessayor dcsirable to make the use comply with the purposes stated in Sections 18.745.040 and 18.742.050. D. Grounds for revocation. The Director may: 1. Revoke a home occupation approval if the conditions of approval have not been or arc not being complied with and the home occupation is otherwise being conducted in a manner contrary to this Section. 2. The Director shall approve the use as it exists,r-• : -- - - ----• a •a—-- a --: , :- .-- a- measures to be taken to ensure compatibility with the neighborhood and conformance with this • public. Complaints from the public shall clearly state the objection to the home occupation, such as= a. Generation of cxcc3sivc traffic; b. Exclusive use of on street parking spaces; - c. Other offensive activities not compatible with a residential neighborhood. reasonable discretion, that the home occupation in question will affect public health and safety, the use may be ordered to cease pending Hearings Officer review and/or exhaustion of all appeals. of these standards, a minimum period of one year shall elapse bcforc another application for a home occupation on the subject parcel will be considered. her residence. - I -- - A. Permit requirement. Using a Type I procedure, as governed by Section 18.390.030, the following fellewinv a. Copies of building and/or land use permits issued at the time the use was established; b. Copies of zoning code provisions and/or maps; e. Demonstration that the use was established before the first d-. - -- -- -- - community was adopted. 2. Proof that the use has been maintained over time. This includes copies of the one or more of the following evidence for every other year from the time the use was established until the current a. Utility-bills; • b. Income tax records; c. Business licenses; • c. Advertisements in dated publications, e.g., trade magazines, and/or; I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 8 18.775,must obtain a permit in certain situations. Depending on thc nature and intensity of the - -- .1 11. :aa - - - a -- floodplain, arc prcscntcd in SubSections B E below. -a.- .. -.- . - !! I..___ .•- -- -- - -- -- -- -- - - - --- --- --- -- c r i t e r i a ria havc bccn satisfied: 1. Land form alterations shall preserve or cnhancc the floodplain storage function and maintenance of thc zero foot rise floodway shall not result in any encroachments,including fill, new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in flood levels during the base flood discharge; . : : -- .. .: : a-• - a s---- . .. . - !! • .. :::: ... . : .: . : :- • -- areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses,utilities, or public support facilities as defined in Section 18.120 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards; 3. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100 year flood; accordance with the adopted pcdcstrian/bicycle pathway plan,unless the construction of said pathway i3 deemed by the Hearings Officer as untimely; 5. The plans for the pcdcstrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board,Division of State Lands approvals shall be obtained; and 7. Where land form alterations and/or development arc allowed within and adjacent to the 100 year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pcdcstrian/bicycle pathway plan. C. With excessive slopes.The appropriate approval authority shall approve, approve with conditions or deny an application request for a sensitive lands permit on slopes of 25%or greater or unstable 1. The extent and nature of the proposed land form alteration or development will not crcatc site disturbances to an extent greater than that required for the use; 2. The proposed land form alteration or development will not result in erosion, stream property; 3. The structure ppr:: - , , -- r- : : : - . . - o -. • -: : drainage of foundation and crawl space areas for development with any of the following soil 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Section 18.715,Landscaping and Screening. D. Within drainageways. The appropriate approval authority shall approve, approve with conditions or all of the following criteria have been satisfied: 1. The extent and nature of the proposed land form alteration or development will not crcatc site I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 9 • sedimcntation, ground instability, or othcr adverse on sitc and off - - - : -• = = - = property; 3. The water flow capacity of the drainagewa ; •not covered by structures or impervious surface- . : - : : a : - - = a - accordance with Section 18.745,Landscaping and Screening; flow in accordance with the adopted 1981 Mastcr Drainage Plan; Lands approvals shall be obtained; and 7. Wherc land form alterations and/or devclopmcnt arc allewcd within and adjacent to the 100 year. . - - -- - -- - ---- -- --- accordance with the adopted pedestrian bicycle pathway plan. been satisfied: significant wetland on the Comprehensive Plan Flo::: : - • . -•-= : -= ••-•- ••• •- of such a wetland; disturbances to an extent greater than the minimum required for the use; wetland characteristics have been mitigated; 5. All other sensitive lands requirements of this Section have been met; 6. The provisions of Section 18.790,Tree Removal, shall be met;and 7,--Physical--Limitations and Natural Hazards, FL::: ... . -: • .. -_ • -• . - -• . .. • - .. • -• A. Seasonal and special events. Using a Type I procedure, as governed by Section 18.390.030, the • criteria arc satisfied: 1. The u3C occurs only once in a calendar year and for no longer a period than 30 days; 2. The use is permitted in the underlying zoning district; Section 18.765, Parking and Loading. - Clearance, and shall not eb-stract pedestrian-access on public rights of way. criteria arc satisfied: I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 10 • • • acvcrc damage by the elements to a prc existing structure or facility previously occupied by the applicant on the premises for which the permit is sought; - provide adcquatc and immediate health care for a relative who nced3 cloac attention who would otherwise be required to receive needed attention from a hospital or care facility; 3. The applicant has been evicted within 60 days of the date of the application from a prc existing occupied constitutes a nuisance or is unsafe for continued use;or - - -- - : . --a .a; ---. ighta by the applicant due to unforeseeable circumstances or other hardship beyond the foresight and control of the applicant; 5. Thcrc exists adequate and safe ingress and egress when combined with the other usc3 of the property, as required by Section 18.705,Access, Egress and Circulation, and Section 18.795, Visual Clearance; 18.765, Off Strcct Parking; 7. The use will not result in congestion on adcquatc 3treeta; • 9. The use will not create adverse off site impacts including noise,odors,vibrations,glare or lights which will affect adjoining use,in a manner which other use allowed outright in the zone,would not affect adjoining use;and 10.The u3e can be adequately served by sewer or septic system and water,if applicable. 18.390.030, the Director may approve, approve with conditions or deny the use of any real property within the City as a temporary salc3 office,offices for the purpose of facilitating the sale of real property,or model home in any subdivision or tract of land within this City,but for no other purpose, provided the following criteria arc satisfied: 1. Temporary sales office: a. The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be aold;and b. The property to be used for a temporary sales office shall not be permanently improved for that purpose. 2. Model house: a. The model house shall be located within the boundaries of the subdivision or tract of land whe c the real property to be sold i3 situated;and b. The property to be used for a model house shall be a permanently designed dwelling :,tructure. D. Temporary Building. Using a Type II procedure, as governed by Scction 18.390.010,The Director any real commercial or industrial property within the City as a temporary commercial or industrial the following criteria are satisfied: 1. The temporary trailer shall be located within the boundaries of the parcel of land on which it is leeated; 2. The property to be used for a temporary trailer shall already be developed; 3. Thcrc exists adcquatc and safe ingress and egress when combined with the other uses of the Visual Clearance; 18.765, Off Street Parking; • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 11 Nor 5. The use will not result in cong .: :- .: _•• ' ' 6. The use will pose no hazard to pedestrians in the area of the use; would not affect the adjoining u3c3; 8. The 113e can be adequately served by sewer er septic systetri aftd water,if applicable; and i - - ' - - -- . -:. : a • • - D. a _- : : -- land3: ' - -- - - • - - - .--. :. I_ . - z. - . i - - : : -- • ; : I: • - . . - ever bare sail, to bid or sediment laden flow3;or canopy cover if the existing canopy cover is less than 75%. B. Effective date of permit. A tree removal permit sh:• a- - - : :-- - -- -- - - • • - a-- • - date of approval. • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 12 • • • Section 18.390 DECISION-MAKING PROCEDURES • 18.390.080 General Provisions E. Director's duties. With regard to processing applications submitted under this Section, the Director shall.• 3.Accept all development applications which comply with the provisions of Section 18.380.080 C3 18.390.080.D.3. 18.390.050 Type III Procedure C.Notice of hearing. 1. Mailed notice.Notice of a Type II Administrative Appeal hearing or Type III hearing shall be given by the Director in the following manner. a. At least 20 days prior to the hearing date, notice shall be sent by mail to: (1) The applicant and all owners or contract purchasers of record of the site which is the subject of the application; (2) All property owners of record within 500 feet of the site; _ (3) Any affected governmental agency which has entered into an intergovernmental agreement with the City which • includes provision for such notice, or who is otherwise entitled to such notice; (4) Any City-recognized neighborhood group -' and whose boundaries include the site; (5) Any person who has submitted a written request, and who has paid a fee established by the City Council; and (6) In actions involving appeals, the appellant and all parties to the appeal. 18.390.060 Type IV Procedure D. Notice of hearing. 2. Notification requirements.Notice of the public hearings for the request shall be given by the Director in the following manner: a. At least ten days prior to the scheduled hearing date, notice shall be sent to: (1) The applicant; (2) Any affected governmental agen y; (3) The individual recognized by the affected CIT as the official contact person Any City-recognized neighborhood group whose boundaries include the site;and (4) Any person who requests notice in writing and pays a fee established by Council resolution. • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 13 Section 18.430 SUBDIVISIONS 18.430.030 Approval Process B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Section 18.390, using approval criteria contained in Section 18.130.080 18.430.070 • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 14 • e Section 18.520 COMMERCIAL ZONING DISTRICTS TABLE 13.620.1 USE TABLE: CO_MMERCLaL ZONES USE CATEGORY C-N11 C-CSI C-G C-.P CBI) MILT t'I MtC-1 MUCt's' .3MCE MDR. I and 21r I and 2C25' • RESIDENTIAL HauseholdLivine N R 4 Rini Rt,.1 R:,:I Flz:: PIN P P p Group Livdne N N C N P N C PPliC RC R' :C Transitional Housing N N C ' N C N C C C C Home Occupation A Rirl p1'-: P.“.1 R`'I Ri'1 p RI.1 RI'i RRI HOUSING TYPES Single Units,Attached N/A NIA NA NIA NIA N/A NA R''I Rix ii P Sinneitrt<-,de:aci_d NIA NIA NA N/A NA N/A NA. Ruyi Rim RI-, AccesscayUnits NA N/A NIA N A NA N/A N.A. eii P'.,'1 RI•:; . Duplexes N.A. N/A N/A. N:s NA NA N/A RPM Rim P Multi-fmnily Ltni:s NA N/A N/A NA N/A N/A N+_4 P P P Manufactured Unmts NA N/A N/A NIA ?::s N/A NA N N N Mobile Home Parks.Subdivisions N/A N/A N/A N:w N/A N/A MA N N N CIVIC(INSTITUTIONAL) Hass:L:r:ities C N N C C C C C!121 C I C1'1: C'olleees N N N N N C C C C C Cammnnihy Rea-sauce N P N N P C N P C C Cultural Ins masons P P P P P P P P P N Day Cam P P P P P P P P P P1tfi' 1 Emergency Services P P P P ? P P P P N Medical Centel C N C C C C C C C C Pasta!Service P P P P P P P P P N Public Support Facthties P P P• p P P P P P P Religious Institution_ C C P c P P F P P C Schools N , N I: N C C C C C Sccia1Fratetnal Clubs Lodes C C P P P P P P P C COMNERCIAL Commercial Lodzioc N N P R1"I P P P P N Eating and Drinking.Establishmerits C P P R11'1 P •P P P P Ri'''`"1 Covernercial Zaning Disinctr 18.5 5 Code Up face_ 10/62 •mendments: Existing: "C" (conditionally permitted) Proposed: "P” (Permitted Outright) I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 15 • • 18.520.030 Uses C.Accessory structures. 1.Accessory structures are permitted in all commercial zones providing the site is still in compliance with all development standards, including but not limited to setbacks, height, lot coverage and landscaping requirements, of the base zone.All accessory structures shall comply with all requirements of the Uniform Building Code. State Building Code All accessory structures except those is than 120 square feet in sic require a building permit; • TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES Footnote 1131 Multi famiy residential units, developed at R '1�0 standards, as a mixed use in cos/unction with commercial development on or above the second floor of the structure, only in the C P District within the Tigard Triangle and Bull Mountain Road district. Footnote [21]Multifamily residential, at 25 units/gross acre, allowed outright. Pre-existing detached and attached single family dwellings are permitted outright. TABLE 15.520.1 USE TABLE: C'0\DIERCLAL ZONES USE CATEGORY C-Nm C-C1'1 C:G C-P CBD MUD') \tT2t-1 \ILiC�al \LLB �IL'R I and 2("( 1 and 214 Detention Fecihties N N C N -C N N Heliports hiimme N N N N N N N Wireless C:rne:mn,i:ation Facilities PR1'1 Pik') P:At'1 p!a2tar P:'R'I PIR9 1 • Rail Lines tiliry Corridors Other G`t O"'t NA NA CON NA NA P=Permitted R=Restricted C<'onditicnal Use N=Not Permitted (1) All the.Seed and coaditanal ors subject:a ap.oiol deselopx standuu contained in Section ai:0 O50.A. (2) Pandered subject!orenitmend C hapta:0.741. (3) See Curter 18.148 Wtrant Cciv,uce::on Fails:ph regmses,nts;or pard:tai end resazwd iec,aan (a) Lees operedng before'AO txt and et after 10 Si 3M are:ontnaool tuts. (5) Al pem:tnedi liod:eland eondaonal etas maa men spread leselop=tit tnnfartt a Snccon11.5.0.0508. (d) F-rsrda3ualsnl:a rrattedhj-ght a a turgid use u cant ancdoc With t co=mac:al der elopo,:.on m above Me 01000i float of at circourc a d000n,s not to tweed 11=than ate. (') Lairef to 10050 iron spare fen is rm exmer:larva food.30 teseage outlet which are donned:o 40,000 gran ratan fen:mass 111 1-v:.Sea moor s=-h:(.letlrautg aiv. 13) Win.rombdud m ntglalaptop.each srpuaa.oS'aalmssu slat nom erased 5.003 sass square ter. 1/0)inter apnaag bean 6.00 Alt end or afar.11.00 PM,archive-op widow,are coctlima(asses (11)Ahem - vt:ptr'rlding ant it it!coated on she sate she wit a perdu ad or conditional use m and is occupied exclush-dv by.• maer or scperin:ect00t of the rerrirred or cndsootal ate Maid-family sing is palate l el T'of PD.soul at la(hewn (12)Ci:anh;,sa'.es end repas of motor vane:01ace 01:,evmpootahpermitted outright soles awl murloflxs,'vehicles and fnmelapieu and'o;woroge of rrsrrnon r!v40_,64,.ndtma0yamts:M Cend<!0rsllc. (]3)ynti faztly reifies ul trots.developed it R.4.0 tandsdi.a x.u:red-use lo 400jnncoor wick cowuc¢tial development on of above the second floor of or r_sreue.only in the DP D:soic wild:ins Third rumple and Bill Matil:n Pant chaMra (14)Resaiaare refixed tut asmmda:in tiro m concocioo aril aria:the same parcel as a men erclal lodgieg ca (1 di As eccrw:y to offices or ode:permitted tun.:he iota;pace devoted to a cambina:ton of teed sales and eatvgri the-g esnlit:auents way tot timed mom that 2T.of the eats pane tromp enth:c the development-complex. (16 May not tweed 104 of the tatai were faote•e o:tic set ofd.coaspies. (171 Sot .unity attached aodaold.fa¢i'sy tnidaccal tarn.developed u R•40=dads,except the urn brooded by Fmna Creel.iloC Boulevard.O'Sfam.Ash Avence nd Hall Sr..wid_c uhiohprapuny zoned for COD development witch hail be deo:gmudR-1_'nit and Pall be developed as planned developments in coioraucr with at R-C Ducat snadorda. ;151 Motor vehicle cleancg only. fIP(Ddvemp windows•orniradccadsxoaa00. (201 Al per...ired and conotanal lose',tabled u apeciel development standuds cnnw'ned is Sectioci8.500,050.C. (Mt>tu:d-aa]yzaeidetidal.at 25 auz'gross acre,allowed ranighL in-MSS.;detached sicr a-faoiv elligs sr rem:N 000,b_ (20)New Rani ate sales us.=ay rat nand 60.001 peat leasable net pin bild•.i0 wrdie On Washington Sgal,Regional Coyer or Tcga:d Tangle evert for those ant toted C.C.ac the ti=e the NIUE zo.t.t tunic was adorned=the Ttprd Trtani!e (131 Al asnrnt.ssomaed with tn:or.avert anylo;xe end couarear pat erg..1101 b.humeri.Hart balings. (N)Permined as namely to a rerrinedua a;lore as this clefs condoned la:hie the tame baiting as the aera:itreluse,act dots cat emceed too(apnea of the FPmiaed up (25)Pentat.d provided aeuu le ea la.-ge:dec 60.060 square Ilona post floor nearer tw 01w;or buttes. (16)linuetolc tei:g lived Sea single.G.P,anchad aedtriidanly:cluing be not'Matt a*partner,ntach.d oas:ar,afs:m:,townlactet and raataoa araafriutaa denary of 21 dealing twin;es acre teal sa:isco den::svof SO dwelling,naafi panto 11:1 Wi:elrss only a:arached to Purdue within?si;h(air See CLarter16.7oa'. • (.`11 Al!Penaiaed amt:ooduacal rises subject to opolfct deteiapmemeaclerds corniced in:1.130 • (`a)Group_,:rg oft Ere of fewer reaaruL duct by,,1o:grow limn{wia;ix a-more iaddann pasiaad 'as,. 1001 Pro-.risecz homing ails perautoO.Coe e:nnofp:e-east:tr loon;=g lust to afan urn tt Sec?jer,:a tha munireoo tits of Coaxer 10.630. • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx • 16 18.520.040 Development Standards A. Compliance required.All development must comply with: 1.All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Sections 18.310 and 18.320 • 18.370; I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 17 • • Section 18.705 ACCESS, EGRESS, AND CIRCULATION 18.705.030 General Provisions L Director's authority to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: • 4.A decision by the Director per 18.705.030 K L.1.-3. above may be appealed by means of a Type II procedure, as regulated by Section 18.390.040, using criteria contained in Section 18.370.020 C3. (Ord. 06- 20, Ord. 02-33) 18.705.030 General Provisions • J. Minimum access requirements for commercial and industrial use. 1. Vehicle access, egress and circulation for commercial and industrial use shall not be less than 21 as provided in Table 18.705.3; 1. V'iicle access.caress and circulation for commercial and industrial use shall nor be less th 34-es pro.tidecl in Table 18.705.3; TABLE 18.705.3 • VEHICULAR ACCESS/EGRESS REQUIREMENTS: COMMERCIAL AND INDUSTRIAL USES Required Parking Minimum Number of Minimum Access Minimum Pavement Spaces Driveways Required Width • 0-99 1 30' 24' curbs required 100+ 2 30' 24' clubs required or 1 50' 40' curbs required I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 18 • • Section 18.715 DENSITY COMPUTATIONS 18.715.020 Density Calculation A. Definition of net development area. Net development area, in acres, shall be determined b subtracting the following land area(s)from the gross acres, which is all of the land included in the legal description of the property to be developed 3.All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: b. Multi family development: allocate 15% of gross acreage or deduct the actual private drive area. 18.715.030 Residential Density Transfer B. Underlying development standards.All density transfer development proposals shall comply with the development standards of the applicable underlying zoning district unless developed under the provisions of Section 18.110 18.350, Planned Development. (Ord. 06-20) • Section 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 18.730.020 Exceptions to Building Height Limitations C. Building heights and flag lots. 2. The maximum height for an attached or detached single family, duplex, or multiple family residential structure on a flag lot or a lot having sole access from an accessway,private drive or easement is 1-112 stories or 25 feet, whichever is less, except that the maximum height may be 2-1/2 stories or 3-530 feet, whichever is less,provided: • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 19 • • 18.765Off-Street Parking and Loading Requirements Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirement. Zsble 13."5=.2 1L=iicux nerd SL'aamuM Required Od-,ttete Vehirk sod Bicycle Pnr6i'n6£tiegairewrak(Gant) • .MA)E\IU 1 .• S1L413:SU I ZONE. ZONES •BICYCLE"" • 3laror ZrrLirk lirlstrd. h'r•_L a] la 5e1.4:1,:zDt21 1 i.GO }!t az Ass tl%c=.} 3 1,3-:'but OD 1G:::i13o4 C 2.7 1.':i O Sz rx+lsa c:z 4.0 02,1,0D)oi:s a=ra. clo.5:ricirsRzc 2'7':.C3D balm 3:sstbs?.) 2.311.J:}bwzaCa:t:toa 4 0 2.51.C.0O3c=1111M Cja4:O C.21-017 Which:Tara Si:: r?.0-sc,.i 7Dly 4.A?3.G.: :.chav =:1-'.`;:ric:b_:- U.2:1,07] Office 2..7':.00O &5 3. I) :,1.01) edkal/Dental Office 3 :.00)C.i) 491.)::'Q,^ 5.9:1.0:O;?n 04,1.0?0 Ssi2- :t19_0 31- ::5 1.04 stcni:11x..:1: 1.0.1:7T::•:.: 1.5• Y xL4a r•nih :.G.40 sterna L.: laaa-r�tt.::an o.i_:r _3ceo aaaa nxa mows INDUS/MAC F.aeastrialSenic _ OSICOD 1.21;5 18'1.C60 0.111.0 5;1 • faa fa aurmjrx x Prodactiaa La s ny i.f':.00)ad =az, rota G I;LOD� •Cita:ral 1 6':.CO)i`..f, tau. nxa C 1:1.000 Barr;1uds:tial 1.1d:.009'?.f: caaa aDco C_1':•G:IO 1iarki ndlards DODD =DZ. DMA =CD Research.and Des r`_c ..,eat CO? 301.:'x' 3.311CC0 rt5,1.0D i Si Tehorme I retat.lb:-meat -,1.510110 c3 ft:C.5.1_0141 G.6 1:0=+? 1 LXO 13.11,009 .151000:a`i:C.3•1.001:tilt 0.4.1.0:+:'f?,^ 0.5'100`•I} iivste-Relared 94 7.0 10.0 x,carw i13Dlealr�rks -5L':.007 1.]]:J}} 1:61:+:G I•'1.005 • CUT-Siwe Perking,cni a:rlgRep,.crnares .£76-1'S • SE:4175 Proposed Text: Medical / Dental Office 18.765.030 General Provisions G. Disabled-accessible parking.All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the e ? •_ or . '- Building Code State Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. 18.765.040 General Design Standards • D. On-site vehicle stacking for drive-in use. 2. The Director may reduce the length of the inbound stacking lane by means of a adjustment to be reviewed through a Type I procedure, as governed by Section 13.320.300 18.390.030,using approval criteria contained in Section 18.370.020.C.5.g. 18.370.020.C.7.g. I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 20 • • 18.765.070 Minimum and Maximum Off-Street Parking Requirements F. Reductions in minimum required vehicle parking. Reductions in the required.number of vehicle parking spaces may be permitted as follows: 3. The Director is authorized to reduce up to 10%of existing required parking spaces at a conversion ratio of one parking space for each 100 square feet of transit facili ty for developments which incorporate transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or other transit-related facilities through a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.370.020.C.5.c: 18.370.020.C.7. • • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of proposed_amendment_Final_05 06 2009 Attachment 1 Amendment Language.docx _ 21 • • Section 18.775 SENSITIVE LANDS 18.775.090 Special Provisions for Development within Locally Significant Wetlands and Along the Tualatin River,Fanno Creek, Ball Creek, and South Fork of Ash Creek A. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 666-023-0030)pertaining to wetlands, all wetlands classified as significant on the City of Tigard "Wetlands and Streams Corridors Map"are protected. No land form alterations or developments are allowed within or partially within a significant wetland, except as allowed/approved pursuant to Section 18.775.130 or construction of streets and utilities within existing rights-of-way or expanded rights-of-way to City standards. This does not apply • to new streets. • • 18.775.020 Applicability of Uses:Permitted, Prohibited, and Nonconforming C. Exemptions. When performed under the direction of the Ciy, and in compliance with the provisions of the COI of Tigard Standards and Specifications for Riparian Area Management, on file in the Engineering Division, the following shall be exempt from the provisions of this Section: 5. Routine maintenance or replacement of existing public facilities projects or construction of streets and utilities within existing rights-of-way or expanded rights-of-way to City standards. This does not apply to new streets. 18.775.020 Applicability of Uses:Permitted, Prohibited, and Nonconforming E.Administrative sensitive lands review. 1. Administrative sensitive lands permits in the 100 year floodplain, drainageway, slopes that are 25%or greater, and unstable ground shall be obtained from the appropriate community development division for the following: a. The Ciy Engineer shall review the installation of public support facilities • - - - • - . _ _ by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Section, • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\()LCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_final_05_06_2009 Attachment 1 Amendment Language.docx 22 • • • • Section 18.220 ZONING ADMINISTRATION 18.220.020 Zoning District Map A. Consistency with zoning map. The boundaries of each of the foregoing districts as listed in Table 18.220.1 Section 18.500 and the zoning classification and use of each tract in each of said zoning district is perceived to coincide with the identiing zone classification shown on the map entitled `Tigard Zoning District Map'; dated with the effective date of this title retained by the City Recorder and referred to as the `zoning district map."Said map by this reference is made a part of this title.A certified print of the adopted zoning district map or map amendments shall be maintained in the office of the Planning Division as long as the code remains in ffect. • • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_OS_06_2009 Attachment 1 Amendment Language.docx 23 • • • Section 18.310 SUMMARY OF LAND USE PERMITS 18.310.020 Summary of Land Use Permits A. Summary Table. The table summarizing the decision-making procedure and substantive approval requirements of each land use permit and related action is presented in Table 18.310.1 below: • • • TART,F. 18.310.1 SUMMARY OF LAND USE PERMITS AND RELA1 ED AC1IONS Decision-Making Approval Other Development Laud Use PermiUaction Type Criteria Regulations Sensitive Lauds ,18.775.020.E • Within 100-Year Flood Plain •I -HO 18.775.070B 1.775 • With Excessive Slopes 111-HO' 18.775.070C 18.775.020,E 75 • Within Drainage Ways II-HO' 18.775.070D .18.775.020.E 75 • Within Wetlands I-HO' 18.775.070E 18.,75 S ions • Existing {Development Standards-for Each • Modification of Existing {Sign Type.per 18.780 • Temporary 18.780.100 Temporary Uses • SeasonaliSpecial Events 16.785.040A 18-78, • Emergency 18.785.040B 18.78 • Temporary Sales Offic /Home 18.735.040C 18.78' • Temporary Building 18.785.040D 18.78. Tree Removal 18.790.050A 18.790 • Perinitted'Uses ;Mitigation; ho'Alttrnatly-..II I°.',,9:',060B`._• 15;77, ,_,,•_r., on. Iona.ises IN--• '.,.•1:-• . 97 Land Division I I I Delete Section , 18.775.020.E 4 Add footnote [4]: Type I procedures are reviewed with criteria of 18.775.020.E Type II and III procedures are reviewed with criteria 18.775.070.B. • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 24 • • Section 18.510 RESIDENTIAL ZONING DISTRICTS 18.510.060 Accessory Structures A. Permitted uses.Accessory structures are permitted by right in all residential zones subject to the following: 2. Non-dimensional requirements: b.An accessory structure shall comply with all of the requirements of the . •: •=• . State Building Code All accessory structures except those less than 120 square feet in size require a building permit; 18.510.020 List of Zoning Districts H. R-40:Medium High-Density Residential District. The R-40 zoning district is designed to accommodate existing housing of all types and new attached single-family and multifamily housing units with no minimum lot size duty.A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 25 • • SECTION 18.640 DURHAM QUARRY DESIGN STANDARDS 18.610.070 Reserved 18.640.070 Signs A. In addition to the requirements of Section 18.780 of the Development Code, the following standards shall be met: 1. Zoning District regulations. Residential only developments within the MUC-1 shall meet the sign requirements for the R-40 zone Section 18.780.130.B; non residential development within the MUC-1shall meet the requirements of the C-P zone, Section 18.780.130.D. 2. Sign area limits. The maximum sign area limits found in Section 18.780.130 shall not be exceeded, no area limit increase will be permitted. • 3. Height limits. The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not extend above the roof line of the wall on which the signs is located. No height increases will be permitted. 4. Sign location. Freestanding signs within the Durham Quarry shall not be permitted within the required L-1 landscape areas. • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_OS_06_2009 Attachment 1 Amendment Language.docx 26 • • • Section 18.710 ACCESSORY RESIDENTIAL UNITS 18.710.020 Standards B. Limitations.An accessory residential unit is permitted providing there is compliance with all of the following standards: • 3. The number of residents permitted to inhabit the accessory residential unit is regulated by the Uniform Building Code State Building Code; • • Section 18.742 HOME OCCUPATIONS 18.742.040 General Approval Criteria and Standards A. General criteria.All home occupations except those that have proven nonconforming status shall observe the following criteria in addition to the standards established for Type I and Type II Uses described in Section 18.742.050 of this Section. 5.A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit.Any accessory building that is used must meet _ • : 1 •, _ i I State Building Code requirements; • Section 18.745 LANDSCAPING AND SCREENING 18.745.050.E. Screening:special provzirions. 3. Screening of swimming pools.All swimming pools shall be enclosed as required by City of Tigard Building Code State Building Code; • 18.745.040 Street Trees G. Granting of adjustments.Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section I 8.370.020.C.1.b. 18.370.020.C.6.b. • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev..Code_Amend_DLCD_notice_of_proposedamendment_Final 05 06 2009 Attachment 1 Amendment Language.docx 27 • • SECTION 18.798 WIRELESS COMMUNICATION FACILITIES 18.798.060.B. Review criteria.Any use subject to review per Section A above, shall be evaluated using the following standards: 3. Setbacks: Towers shall be set back from the property line by a distance equal to the height of the tower.A Type II adjustment may be obtained to reduce this setback, subject to criteria of approval contained in Section 18.370.020.C. a10; • Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.080 Exceptions to Standards 18.360.080 Exceptions to Standards D. Exceptions to landscaping requirements. The Directors#e#may grant an exception to the landscaping requirements of this code, Section 18.120.150, 18.360.070.B.4 upon finding that the overall landscape plan provides for at least 20 of the gross site to be landscaped. 1.8.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or major modification of an approved plan or existing development, as defined in Section 18.360.0304, 18.360.020A shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. • • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DECD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 28 • • Section 18.410 LOT LINE ADJUSTMENTS 18.410.040.Approval Criteria 4. With regard to flag lots: b.A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040-.050. Screening may also be required to maintain priva y for abutting lots and to provide usable outdoor recreation areas for proposed • development. Section 18.760 NONCONNFORMING SITUATIONS 18.760.040 Criteria for Nonconforming Situations D.Nonconforming use of structures 2. If a single structure or a structure and premises containing a number of lawful uses(except for a single accessory structure) existed as of March 16, 1983, and those uses would not be allowed in the zoning district in which they are located, or which are nonconforming because of inadequate off-street parking, landscaping or other dfciency (under the terms of this Section or amendment thereto), the lawful uses may be continued so long as they remain otherwise lawful, subject to - the following provisions: e. When the use of the structure, including all uses, is discontinued or abandoned for three months, the structure and premises shall not thereafter be used except in full conformity with all regulations of the zoning district in which it is located. For purposes of this Section, a use shall be deemed to be discontinued or abandoned upon the occurrence of the first of any of -• . . _ •.• . • • • • • • I:\CURPLN\Setup\DCA\DCA-2009\DCA2009-00003 Omnibus Housekeeping\DLCD\Tigard_Omnibus_Dev_Code_Amend_DLCD_notice_of_proposed_amendment_Final_05_06_2009 Attachment 1 Amendment Language.docx 29 • • U.S. Postal Service,. r9 (Dome. Attn: Patty/Planning ided) r9 RE: DCA2009-00003 ED For deli Omnibus"Houskeeping"Items ,mm 43 "Notice of Proposed Amendment" E r9 C. c13 Postage, y�� fT 1 Certified Fee G 7 -a��� ® r-4 O °:y Postrlt - D Return Receipt Fee � Here 6 , D (Endorsement Required) r �! SD D Restricted Delivery,Fee - - (Endorsement Required) :+2009 }) D O ' , s r9 co Total Postage&Fees ^�� K nJ Sent ro co ' ATTN: PLAN AMENDMENT SPECIALIST D Street,Apt.No.; Oregon Dept.of Land Conservation&Development .. D or PO Box No. 635 Capital Street NE,Suite 150 " rte . . City,State,ZIP+4 Salem,OR 97301-2540_ PS Form'3800,August 2006 See Reverse for Instructions — i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. item 4 if Restricted Delivery is desired. woo!/= ent■ Print your name and add ss on the reverse X,im l� ❑A.rressee so that we can return the card to you. rv- b vir. �_ „, , r,- ■ Attach this card to the back of the maiipiece, �j�I` „. Li��t f� or on the front if space permits. 1 _ D. Is de(very aAress.i eren from e 1? M Y=- 1. Article Addressed to: If YES,enter delive address below: ❑ No I c - 1 I ATTN: PLAN AMENDMENT SPECIALIST Oregon Dept.of Land Conservation&Development 635 Capital Street NE,Suite 150 ' Salem,OR 97301-2540 3. ervice Type ' • -- • a Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes { 2. Article Number (T r a n s f e r from s e r v i c e l a b e l) r 7008 2 810 0001 3 8 31 .8 811 PS Form 3811,February 2004 Domestic Return Receipt 1o2595-02-M-154o V . — -