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DCA2009-00004 a, = LAND USE PROPOSAL DESCRIPTION TIGARD 120 DAYS = N/A FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004 FILE TITLE: SEASONAL OUTDOOR SALES APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 REQUEST: The Community Development Director requests a development code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by public benefit/community service organizations. LOCATION: Land zoned General Commercial (C-G) and Central Business District (CBD). COMP PLAN DESIGNATION: General Commercial and Central Business District. ZONES: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non- conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage,mini-warehouses,utilities, heliports, medical centers,major event entertainment,and gasoline stations,are permitted conditionally. CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; Comprehensive Plan Goal: 1, Public Involvement; Goal 2,Land Use Planning; Goal 9.2.1, 9.3Economic Development; Goal 15.2, Special Planning Area- Downtown;and Statewide Planning Goals 1,2 and 9. DATE COMMENTS SENT: SEPTEMBER 9,2009 DATE COMMENTS DUE: SEPTEMBER 23, 2009 DA'Z'E DLCD NOTICE WAS SENT: SEPTEMBER 4,2009 (45 days prior to first evidentiary hearing) DECISION MAKING BODY BELOW: ❑ TYPE I ❑TYPE II ❑ TYPE III ® TYPE IV ® PLANNING COMMISSION (MON.) DATE OF HEARING: OCTOBER 19,2009 TIME: 7:00 PM ® CITY COUNCIL (TUES.)DATE OF HEARING: NOVEMBER 24,2009 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: Gary Pagenstecher,Associate Planner (503) 718-2434 • PRE-APP.HELD BY: 1 CITY OF TIGARD PLANNING DIVISION - LAND USE PERMIT APPLICATION '' ' City of Tigard Permit Center 13125 SW Hall Blzd, Tigarch OR 97223 Phone 503.639.4171 Fax: 503.598.1960 File# IJc.44 g_f_.05_ 0til Other Case# Fe.,,,ci_ OUv Date tel MUM By '-'��/ 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) ❑ Planned Development(III) ❑ Zone Change Annexation(IV) ❑ Conditional Use (III) ❑ Sensitive Lands Review(I,II or III) tg Development Code Amendment(IV) ❑ Historic Overlay(II or III) ❑ Site Development Review(II) ❑ Home Occupation(II) ❑ Subdivision(II or III) LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) J/ / ' 4 . . ..a TAX MAPS&TAX LOT NOS. . . TOTAL SITE SIZE ZONING CLASSIFICATION C-GG APPLICANT" G 1'r I cv -�l I-6- MAILING ADDRESS/CITY/STATE/ZIP 1 ) ç s 11 PAR( PHONE NO. FAX NO. 5bb -71 ^ L (f1Y PRIMARY CONTACT P ON f/ PHONE NO. G&4_11 let,c, -6 PROPERTY OWNE DEED HOLDER(Attach list if more than one) 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) t e:R -io f*P L °, 4 ?K& `E7"ep n//E remPc uvu1 U C/-(1gym (is. 785-) 412„v cbc 1 E/),cha> t-ci_mupy Tilt l /oc/LRiz OS& 132eU o,-SS &f= 77Y6-:- 'ter `7b Pike i*- Fog SFJ1‘ _ ii,t Wkti rs py V1e ( f, �iiolev tr-' SQ' 4c o s. 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 THE APPLICANT SHALL CEPIFY 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. fi,(5Aitetlets - dCo, `O 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 . • • DCA2009-00004 CODE AMENDMENT Explanation of Formatting This text amendment employs the following formatting: [Bold/Underlined] —Text to be added [Bold/Double-Underline] —Text that will be underlined upon codification ,[Strilcthfetigh] —Text to be removed Chapter 18.785/ ; TEMPORARY USES` - \.•/ Sections: 18.785.010 Purpose \ 18.785.020 Types of Temporary Uses 18.785.030 Approval Process \. ..i 18.785.040 Approval Criteria ('''''‘ ‘,, \ r ='` 18.785.050 Application Submission Requirements \ 18.785.010 Purpose " �~ \ - " r" N A. Purpose. The purpose of-this chapter is to°establish standards for-the approval of three types of temporary use: \ ? � \ a \ 1. Use that is seasonal or-directed toward a specific event; 2. Use which-is occasioned.by an unforeseen event; and ,\ /... N • 3. "Sales offices and model.homes in'conjunction•With the sale of homes. B. Disclaimer. This chapter is not intended_to be a way to circumvent the strict application of the use districts. Therefore, time limits are to be strictly enforced. This chapter does not apply to businesses seekingsa temporary or interim location.' • . - . . . . .. . _ _ . • . C. Exemptions. This hapter does'not apply to jj seasonal and special events conducted by and totally for the benefit of a Tigard-based nonprofit organization,2) garage sales or L temporary construction offices in conjunction with'the initial development of residential, commercial or industrial property (three or more dwelling units or lots). 18.785.020 Types of Temporary Uses A. Seasonal or special event. This type of temporary use is a use which by its nature will lasts less than one year and. - . _ . ._ . . - . _ . : is associated with the sale of goods for a specific holiday, activity= or celebration;; seasonal use; or uses associated with construction_ or Examples of this type of temporary use include: 1. Festivals,celebrations,or special events; • Temporary Uses 18.785-1 SE Update: 04/01 • • 42. The celebration of a specific holiday such as the sale of Christmas trees and fireworks;i3. Seasonal markets, by a chartered public service/non-profit organization, for the sale of farm products such as fresh fruits and vegetables, produee,-and flowers, and animal products; 3. Use associated with festivals or celebrations or special events; 4. Seasonal activities such as t The sale of food associate with seasonal activities such as at sportings events ewes and seasonal markets; l ' 56. Construction such as the, storage of equipment during the construction of roads or development, but not a temporary sales,office or model home as provided by Section 18.785; and 65. Temporary fund raising and other civic activities in commercial zoning districts. 18.785.030 Approval Process A. Procedure type. Approval of various temporaryvu`s es shall be processed as follows: 1. Seasonal or special event:`;by meansof a Type I".pro edure, as governed by Section 18.390.040, using approval/criteria in Section 18.785,.040A; 2. Unforeseen/emergency situations: by mear`of a Type I procedure, as governed by Section 18.390.0.40, using approval criteria in.Sections,18.785.040B, 3. ,Temporary sales office/model home: by means-of a Type I procedure, as governed by Section `4 18:390.030, using‘ap •roval criteria in Sections 18.785.040C, 4. Temporary building in N. and industrial zones: by means of a Type I procedure, as governed by,Section 18.390.040, using approval criteria in Sections 18.785.040D. , f B. E e Ann'4\val period. An approval for a temporary use by the Director shall be effective valid for a period of one yearsunless otherwise stipulated by the approval. C. Lapsing of approval. Anapproval for the temporary use by the Director shall lapse if: 1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period; and 2. Construction or activity on the-site is a departure from the approved plan. D. Renewal of approval. A temporary use approval may be renewed once by the Director for a period not to exceed one year. Notice of the decision shall be provided to the applicant. E. Renewal for seasonal markets. A •ermit for seasonal markets ma be renewed on an annual basis in the same manner as if it were an original application. Temporary Uses 18.785-2 SE Update: 04/01 • • • EF.Renewal for temporary residential sales office/model homes.- A permit for temporary sales offices and model homes may be renewed on an annual basis in the same manner as if it were an original application as long as 50% or less of the total number of dwelling units have been issued occupancy permits. 18.785.040 Approval Criteria A. Seasonal and special events. Using a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions or deny based/onfindings that all of the following criteria are satisfied: 1. The use occurs only once in a calendar year and for.no<long a period than 30 consecutive days_ c Seasonal markets may operate on weekend days\from May through October; 2. The use is permitted in the underlying zoning,district. SeasonaImarkets are permitted in the C-G and MU-CBD zones; :\ 3. The applicant has proof of the property-owner's:permission to place the use on,his/her property; , , , 4. There will be no parking utilized by the customers and employees of the temporary use which is needed by the property owner to meethis/her minimum'parking requirement, as governed by Chapter 18.765, Parking and Loading\ . \`.., . 5. The use will provide adequate vision clearance ,:;asgovernedf by Chapter 18.795, Vision Clearance, and shall'not obstruct pedestriamaccess,on public rights-of-way. 6. Adequate and safeingress=„and egress exist when combined with the other uses of the property, with a demonstration'that the applicable standards of Chapter 18.705, Access Egress•and Circulation are met; °•, ,) 7. The use will not create a traffic-hazard as documented in a traffic study and through ODOT review,if applicable;,. \ \ \� \ \ 8. The use will not create adverse off-site impacts as demonstrated with specific documentation related to noise, odors,vibrations, glare or lights that would be greater than otherwise allowed by uses permitted outright in the zone; and 9. Signs are allowed as permitted in Chapter 18.780; duration may correspond to the permitted temporary..use. Temporary Uses 18.785-3 SE Update: 04/01 411111 411 PRE-APPLICATION NOTES City of Tigard July 28,2009 STAFF PRESENT: Gary Pagenstecher APPLICANT: Community Development Director, City of Tigard PROPERTY LOCATION: NA,Legislative TAX MAP/LOT#: NA PROPOSAL DESCRIPTION: To amend the development code text in Section 18.785 to include provisions for outdoor sales for public benefit and community service organizations. COMP PLAN DESIGNATION: General Commercial, Central Business District ZONING: C-G, CBD NEIGHBORHOOD MEETING A neighborhood meeting is not required for a CDC text change. NARRATIVE Include a narrative that responds to the applicable review criteria. The narrative must contain the text of the applicable review criteria, findings of fact relative to each criterion, and a conclusion as to whether the criterion has been met. APPLICABLE REVIEW CRITERIA: Zoning Map and Text Amendments 18.380.020 A. Legislative amendments.Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. 18.390.060 Based on the information provided, the text amendment request will be a Type IV Process, with a public hearing before the Planning Commission. The Planning Commission then makes a recommendation to City Council to either approve the request as proposed, modify • the request, or deny the request. A subsequent hearing (or hearings) is then held by the City Council. 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; [Goals 1,Public Involvement; Goal 2,Land Use Planning; Goal 9,Economic Development] 2.Any federal or state statutes or regulations found applicable; 3.Any applicable METRO regulations; 4.Any applicable comprehensive plan policies; [Goal: 1,Public Involvement; Goal 2,Land Use Planning;Goal 9.2.1, 9.3.xvi, Economic Development;Goal 15.2.v, Special Planning Area-Downtown];and 5.Any applicable provisions of the City's implementing ordinances [1'DC 18.380, 18.390, and 18.785]. Application Fees for Zoning Text Amendment (Legislative): NA (City Application) Decision timeline is at least 4 months from receipt of a complete application. The 120-day rule is not applicable to legislative changes. PREPARED BY: Gary Pagenstecher Associate Planner 120 DAYS =N/A �" r DATE OF FILING: 2/26/201 DATE MAILED: 3/1/2010 SRS® CITY OF TIGARD z � Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004 Case Name: SEASONAL OUTDOOR SALES 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. 10-05). 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 OCTOBER 19, 2009, DECEMBER 7, 2010 AND JANUARY 4, 2010 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE '1ESTIMONY ON FEBRUARY 23, 2010 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 Community Development Code Amendment to Chapter 18.785 (Temporary Uses), to allow seasonal markets by chartered public service/non-profit organizations in the GG and MU.CBD zones from April to October subject to Tigard Community Development Code Standards. At the February 23, 2010 City Council meeting, the Council unanimously approved this amendment. ZONE: GG and MU-CBD. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goals 9.2.1 and 9.3, Economic Development; Goal 15.2,Special Planning Area- Downtown; and Statewide Planning Goals 1,2 and 9. 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 MARCH 25, 2010. 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. 10-05 AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVET.OPMENT CODE CHAPTER 18.785, TO ALLOW SEASONAL MARKETS BY CHARTERED PUBLIC SERVICE/NON-PROFIT ORGANIZATIONS IN THE C-G AND MU-CBD ZONES FROM APRIL TO OCTOBER SUBJECT TO TIGARD COMMUNITY DEVELOPMENT CODE STANDARDS (DCA2009-00004)4 ./-�5 A/11000E0 WHEREAS, the Community Development Director, with direction from the Tigard City Council, initiated the proposed code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by chartered public service/non-profit organizations; and WHEREAS, the proposed code amendment substantively amends the text of Chapter 18.785, Temporary Uses, by providing explicitly for "seasonal markets" as a type of Seasonal or Special Event and by providing specific approval criteria governing time, place, and manner; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first evidentiary public hearing; and WHEREAS, the Tigard Planning Commission held public hearings on October 19, 2009 and January 4, 2010 and recommended Council approve the proposed code amendment, as amended by it, with a 9-0 vote; WHEREAS, notice of the public hearings was published in the Tigard Times and the Oregonian Newspapers at least 10 business days prior to the public hearings; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the applicable review criteria: Community Development Code Chapters 18.380, 18.390 and 18.520; Comprehensive Plan Goal 1, Public Involvement; Goal 2,Land Use Planning; Goals 9.2.1 and 9.3, Economic Development; Goal 15.2, Special Planning Area- Downtown;and Statewide Planning Goals 1, 2 and 9. WHEREAS, the Tigard City Council held a public hearing on February 23, 2010, to consider the proposed amendment; and WHEREAS, the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. ORDINANCE No. 10- 05 Page 1 • NOW, THEREFORE,THFTY OF TIGARD ORDAINS AS FLOWS: SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: The findings in the October 9, 2009 Staff Report to the Planning Commission and the Minutes of the October 19, 2009 and January 4, 2010 Planning Commission _ hearings are hereby adopted in explanation of the Council's decision. 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. PASSED: By Ll flarilMO4lS vote of all Counsil members present after being read by number and title only, this O3r241 day of Relartinurj ,, 2010. Cc:Ukr,nQ atherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 110. r G Craig Dirksen,Mayor Approved as to form: C. c Atto ey 21'Y3 /d Date ORDINANCE No. 10- 05 Page 2 . • EXHIBIT A DCA2009 0004 - - AMENDMENT • Explanation-of Formatting ' . This:text amendment em 1o;s the followin formattin [Seidl/Underlined]; ' :Text=tobe`addedY''_` Rind'Double-UnderlineN ='Text`that: wllybe iriderlined upon codification —iTex t•fo: Chapter 18.785 TEMPORARY USES Sections: 18.785.010 Purpose 18.785.020 Types of Temporary Uses 18.785.030 Approval Process 18.785.040 Approval Criteria 18.785.050 Application Submission Requirements 18.785.010 Purpose A. Purpose. The purpose of this chapter is to establish standards for the approval of three types of temporary use: 1. Use that is seasonal or directed toward a specific event; 2. Use which is occasioned by an unforeseen event;and 3. Sales offices and model homes in conjunction with the sale of homes. B. Disclaimer. This chapter is not intended to be a way to circumvent the strict application of the use districts. Therefore, time limits are to be strictly enforced. This chapter •• - : .- _ _ . , : : _ 3alcs. C. Exemptions. This chapter does not apply to 1) seasonal and special events conducted exclusively by and totally for the benefit of a Tigard-based nonprofit organization, 2) garage sales, or 3) temporary construction offices in conjunction with the initial development of residential, commercial or industrial property (three or more dwelling units or lots). 18.785.020 Types of Temporary Uses A. Seasonal or special event. This type of temporary use is a use which by its nature will last less than one year. Examples of this type of use are those associated with the sale of goods for a specific holiday, activity or celebration, uses associated with construction, or season 1 use. This type of use does not apply to businesses seeking a temporary or interim location. • type5af temporary usejinclude: Set 1. Use associated with the celebration of a specific holiday such as t1Ye sale of Christmas trees and fireworks; 2. Use associated with the sale of fresh fruits, produce, and flowers, including seasonal markets by a chartered public service/non-profit organization which may offer additional products and SEASONAL OUTDOOR SALES REVISED DEVELOPMENT CODE AMENDMENT DCA2009-00004 1/5/2010 PUBLIC HEARING `�/�1,y1 /� 1 /� PAGE 1 OFr3r1 px' • • services as provided in the organization's "market rules and policies" such as landscaping plants,prepared food, animal products. and art/handcrafts assembled by the vendor 3. Use associated with festivals or celebrations or special events; 4. Seasonal activities such as the sale of food at sports events or activities; 5. Use associated with construction such as the storage of equipment during the construction of roads or development,but not a temporary sales office or model home as provided by Section 18.785; and 6. Temporary fund raising and other civic activities in commercial zoning districts. 18.785.030 Approval Process A. Procedure type. Approval of various temporary uses shall be processed as follows: 1. Seasonal or special event: by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Section 18.785.040A; 2. Unforeseen/emergency situations: by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Sections 18.785.040B; 3. Temporary sales office/model home: by means of a Type I procedure, as governed by Section 18.390.030,using approval criteria in Sections 18.785.040C; 4. Temporary building in commercial and industrial zones: by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Sections 18.785.040D. B. Effective Approval period. An approval for a temporary use by the Director shall be effective valid for a period of one year unless otherwise stipulated by the approval. C. Lapsing of approval. An approval for the temporary use by the Director shall lapse if 1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period; and 2. Construction or activity on the site is a departure from the approved plan. D. Renewal of approval. A temporary use approval may be renewed once by the Director for a period not to exceed one year. Approval for a seasonal or special event use may be renewed on an annual basis in the same manner as if it were an original application. Notice of the decision shall be provided to the applicant. E. Renewal for temporary residential sales office/model homes. A permit for temporary sales offices and model homes may be renewed on an annual basis in the same manner as if it were an original application as long as 50% or less of the total number of dwelling units have been issued occupancy permits. 18.785.040 Approval Criteria A. Seasonal and special events. Using a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions or deny based on findings that all of the following criteria are satisfied: 1. The use occurs only once in a calendar year and for no longer a period than 30 consecutive days, except as provided in paragraph 6. SEASONAL OUTDOOR SALES REVISED DEVELOPMENT CODE AMENDMENT DCA2009-00004 1/5/2010 PUBLIC HEARING PAGE 2 OF 3 • 2. The use is permitted in the underlying zoning district. 3. The applicant has proof of the property-owner's permission to place the use on his/her property; 4. There will be no parking utilized by the customers and employees of the temporary use which is needed by the property owner to meet his/her ninimum parking requirement, as governed by Chapter 18.765, Parking and Loading. 5. The use will provide adequate vision clearance, as governed by Chapter 18.795, Vision Clearance, and shall not obstruct pedestrian access on public rights-of-way. 6. Seasonal markets are permitted in the C-G and MU-CBD zones and may operate from April through October. The applicant shall provide "market rules and policies" for City approval, which are consistent with the seasonal market use description in 18.785.020.A.2 and will be observed for the duration of the permit. Market rules and policies shall include hours of operation, location, product guidelines, vendor obligations, vehicle loading/unloading, and any other applicable policies guiding the operation of the market. The City may also consider the following criteria: a. Provide documentation demonstrating adequate and safe ingress and egress exist when combined with the other uses of the property, consistent with applicable standards of Chapter 18.705,Access, Egress and Circulation; b. Provide documentation demonstrating the use will not create a traffic hazard, including coordination with ODOT if applicable; c. Provide documentation that the use will not create adverse off site impacts related to noise, odors, vibrations, glare or lights that would be greater than otherwise allowed by uses permitted outright in the zone; and d. Signs are allowed as permitted in Chapter 18.780, however, the permitted period for temporary signs may be approved to correspond to the duration of the permitted seasonal market use. 18.785.050 Application Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type I, depending on the type of temporary use for which the approval is sought. B. Additional information. In addition to the information described in Subsection A above, the applicant shall provide a site plan, narrative and other information as specified in a detailed hand-out provided by the Director. C. Emergency situations. The Director may waive any of the requirements in this chapter or request additional information in accordance with Chapter 18.390 for cases which involve destruction of an existing structure due to fire, natural causes, or other circumstances that are beyond the control of the applicant. An emergency as allowed by this subsection shall not include failure by the applicant to submit a temporary use request as provided in this Chapter.■ SEASONAL OUTDOOR SALES REVISED DEVELOPMENT CODE AMENDMENT DCA2009-00004 1/5/2010 PUBLIC HEARING PAGE 3 OF 3 ATTACHMENT 2- • • _ CITY OF TIGARD PLANNING COMMISSION Meeting Minutes January 4, 2010 1. CALL TO ORDER Vice President Walsh called the meeting to order at 7:01 pm. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Present: Commissioners Anderson (came in slightly later than roll call), Caffall, Doherty, Fishel, Gaschke, Hasman,Muldoon, Vermilyea, and Walsh; Alternate Commissioners Schmidt& Shavey Absent: None Staff Present: Ron Bunch, Community Development Director; Dick Bewersdorff, Planning Manager; Gary Pagenstecher,Associate Planner;John Floyd, Associate Planner; Doreen Laughlin, Sr. Administrative Specialist 3. COMMUNICATIONS Dick Bewersdorff, Planning Manager,introduced the new planning commissioner and alternates, Tim Gaschke, Don Schmidt, and Richard Shavey. 4. CONSIDER MEETING MINUTES 12-07-09 Meeting Minutes: Vice President Walsh asked if there were any additions, deletions, or corrections to the minutes - taking into account a small correction that had been phoned in earlier correcting the date on page 2, second sentence, to 1-4-10. Walsh then declared the minutes approved. Walsh moved on to the work session and elections. 5. WORK SESSION - ELECTIONS Walsh opened up the floor to nominations. [The former president of the Commission left in December after serving 8 years as a Commissioner. This left the balance of that position (1 year— to end 1-1-11) open]. Commissioner Validly-ea moved to nominate Commissioner David Walsh as President. The motion was seconded by Commissioner Hasman. There were I:\CURPLN\Gary\Development Code Amendment\DCA2009-00004(Seasonal Outdoor Sales_Farmers Market)\Council Packet 2-23-10\1-4-10 Planning Commission Minutes.doc Page 1 of 7 I S no other nominations. There was a verbal vote, and Commissioner Walsh was elected to the office of Planning Commission President. Commissioner Hasman moved to nominate Commissioner Vermilyea for the office of Vice President. The motion was seconded by Commissioner Caffall. Commissioner Walsh nominated Commissioner Muldoon. There was no second. There was a secret ballot with Commissioner Vermilyea getting the majority of votes and thus being elected. President Walsh opened up the public hearing. 6. PUBLIC HEARING 6.1 DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004. SEASONAL OUTDOOR SALES CODE AMENDMENT — Cont'd from 12-07-09 STAFF REPORT Gary Pagenstecher,Associate Planner, gave the staff report on behalf of Staff. [Staff reports are available one week before each scheduled meeting.] Pagenstecher noted that this matter had been continued from 10-19-09, to 11-2-09, to 12-7-09, to this date. He gave a brief background on what had been said at the previous meetings. He acknowledged the presence of a gentleman from the Tigard Grange named Phil Yount who had participated in the meeting on 10/19. Pagenstecher said that at previous meetings Phil Yount (representing the Tigard Grange) and Stan Baumhofer (representing the Tigard Area Farmer's Market) had raised several issues in response to the proposed code amendments. In addition, Commissioners had raised several issues in response to the proposed amendments, including qualifying the type of organization, duration of the seasonal use, less onerous and more user- friendly approval criteria, and a call out for hours of operation. These issues were addressed in the staff analysis portion of the memorandum Pagenstecher wrote to the Planning Commission dated 12-28-09, and reflected in the revised Development Code Amendment. Pagenstecher went over the code sections that had been revised (18.785.020 — "Types of Temporary Uses"; and 18.785.040 "Approval Criteria") and noted that the other sections addressed in the October 9, 2009 staff report remained unchanged. After reviewing the changes noted on the memorandum, Pagenstecher said staff is asking the Planning Commission to recommend this Development Code Amendment to the City Council. At this point, Pagenstecher asked if the commissioners had any questions of staff. I:\CURPLN\Gary\Development Code Amendment\DCA2009-00004(Seasonal Outdoor Sales_Farmers Market)\Council Packet 2-23-10\1-4-10 Planning Commission Minutes.doc Page 2 of 7 S QUESTIONS FROM COMMISSIONERS OF STAFF I have a concern regarding the time references — there are multiple references where it says less than one year as opposed to 7 months —.and other places where time references aren't universally applicable. Did you review this for consistency for time references? The chapter "temporary uses"covers a number of uses. We have clarified and added `Seasonal Market"section here and the duration relates specifically to that use. I understand your definition of"seasonal" is 30 days? Well, the seasonal market is one type of season. I suggest we change the language of 18.785.040 A.1. to say "except as provided in paragraph 6. Commissioner Vermilyea said "it appears the intent of the language is to be very flexible for the applicant—in that there is no definition of what "documentation" is in 6b. Also in saying you must provide some form of market rules and policies that contain at least these items. My suggestion would be to put A in the body of 6, making it a mandatory requirement and change it to say something like "The applicant shall provide... etc." This last sentence says the City may consider the following additional approval criteria for seasonal markets. I think, in my mind, there are pretty significant differences between those rules and policies and what other issues may arise depending on a given market. I think there needs to be kind of a structural adjustment. One way to do it would be to move A up —make it #6, and make everything else #7 — another way would be to move the body of A up and put it in as the 2nd sentence in #6 and then have B become A, and C become B, etc. etc. But one of those two things I think we ought to do because we need to distinguish between A and the rest in this list. There were more ideas discussed about how to go about changing the verbiage; and then the questions continued. - My question revolves around two terms that are used. One in 17.785.020 sub A2 "chartered public service/non-profit organization etc." - the word "charter" —that word makes me uncomfortable because it's not really defined anywhere. I deal with non-profits and am not aware of what a "charter non-profit" is. If we're going to use that word, I'd like to see it defined. Secondly, the word in 18.785.040 6.B, C, & D -"documentation" - what kind of documentation does staff intend when you use that term rather than the specific kinds of reports that you're talking about. What sorts of documentation would a party use to satisfy these criteria? Could you please speak to these? Pagenstecher answered `possibly some mitigation plan, a sketch,fairly simple, a written plan, in some situations these could be sufficient. It all depends on the circumstances— the simpler the circumstance, the simpler the documentation can be." I:\CURPLN\Gary\Development Code Amendment\DCA2009-00004(Seasonal Outdoor Sales_Farmers Market)\Council Packet 2-23-10\1-4-10 Planning Commission Minutes.doc Page 3 of 7 S Pagenstecher went on to speak about the definition of charter— `a document outlining the principals functions and organizations of the corporate body"- a constitution, again,just a very basic thing. It is a simple statement of the purpose of the group."So you're not intending that an organization be...for example... licensed with the state as corporate entity as a state charter/non- profit necessarily? They could be a Girl Scout troop, or some other organization that may not have all the formal documents in place. Yes— that's right. Conceivably getting a tax.filing status costs money and effort that the group wouldn't want to front and typically it's a hurdle to get that although groups like it because it can fundraise if they do get that but in this case, it's theoretical. We don't really know who's going to `come out of the woodwork"to want a market. Right now were just throwing out an `all corners welcome"— "try this out ifyou can meet these standards"and we can't presume who those groups are going to be. It's as wide as possible." One of the commissioners summarized "So, for example, what you're looking for is an organization that has a constitution, a charter, but they are not be through the "State of Oregon." So you're looking at groups that would be organized, have a charter, have a purpose, that kind of thing. Is that the purpose behind the language?" Yes. PUBLIC TESTIMONY—IN FAVOR: Phil Yount, 11222 SW Cottonwood Lane, Tigard, manager for Tigard Grange had what he said was a really basic question. "It seems as if the Tigard Grange is exempted from all this in 18.785.010 C "Exemptions" —the first one says "seasonal and special events conducted by and totally for the benefit of a Tigard-based nonprofit organization." If we're exempted... does any of this apply to us? The word "totally" makes the grange non-exempt. Pagenstecher: Can you clarify how this would work? Yount: "The Tigard Grange would ask members (or non-members) to rent a little space from us and we'd get a share of their profits from whatever stuff they sell. We'd use that as a fundraiser.Pagenstecher: So, in that case, I'm thinking you would not be exempt. You would have vendors who would profit also. Yount: "Oh—because of the word"totally"... "totally for the benefit of..." that would explain it. Some of the commissioners thought this language might be a bit confusing to others as well and thought it would be best in 18.785.010 C to drop the word "totally" out and add the words "exclusively by and for." PUBLIC TESTIMONY— OPPOSED: None. PUBLIC TESTIMONY CLOSED DELIBERATIONS I:\CURPLN\Gary\Development Code Amendment\DCA2009-00004(Seasonal Outdoor Sales_Faxmers Market)\Council Packet 2-23-10\111-10 Planning Commission Minutes.doc Page 4 of 7 There were no further questions or deliberations and the following motion was made by Commissioner Muldoon, seconded by Commissioner Caffall: "I move to forward a recommendation of approval to City Council of application DCA 2009-00004 continued from Dec 7th 2009, and adoption of the findings and conditions of approval contained in the staff report and the deliberations tonight and based on the testimony tonight." "Do I need to itemize the differences?" Planning Commission Secretary Laughlin answered, "Yes, please." [The differences follow] Under "18.785.010 — under Part C, "Exemptions," it would read "events conducted exclusively by and for," rather than the prior language. Under 18.785.040 —at the end of sentence A.1, it would have "except as provided in paragraph 6"; and under the same section "Part 6"we would move sub-par A up to the part of the main paragraph, second sentence,where it would say "the applicant shall provide" and then otherwise the remainder of the language in par-A would be the same and an additional sentence would say "The City may also consider the following criteria: and then B, C, D, & E would be labeled A thru D." The motion CARRIED on a recorded vote, the Commission voted as follows: AYES: Commissioner Anderson, Commissioner Caffall, Commissioner Doherty, Commissioner Fishel, Commissioner Gaschke, Commissioner Hasman, Commissioner Muldoon, Commissioner Vermilyea, and Commissioner Walsh (9) NAYS: None (0) ABSTAINERS:._ None.(0)_ . ABSENT: None (0) Walsh stated that this would go to Council on February 9th. 7. STUDY SESSION Re Joint Meeting with Council Regarding Trees STAFF REPORT John Floyd, Associate Planner, introduced himself and gave the staff report on behalf of the City. [Staff reports are available to the public upon request one week in advance of any meeting.] Floyd said the purpose of this session is to help them prepare for the upcoming joint Council/Planning Commission meeting scheduled for January 19th. Walsh asked him I:\CURPLN\Gary\Development Code Amendment\DCA2009-00004(Seasonal Outdoor Sales_Farmers Market)\Council Packet 2-23-10\1-410 Planning Commission Minutes.doc Page 5 of 7 ATTACHMENT 3 City of Tigard TIG'ARD' Memorandum To: Planning Commission From: Gary Pagenstecher Re: DCA2009-00004 Seasonal Outdoor Sales: Revised Development Code Amendment addressing testimony and Commissioner Comments from the October 19th Heating Date: December 28, 2009 The City initiated the proposed code amendment to facilitate the Tigard Grange and other public benefit/service organizations such as the Tigard Area Farmers' Market to hold season-long events. The proposal substantively amends the text of Chapter 18.785, Temporary Uses, by providing explicitly for "seasonal markets" as a type of Seasonal or Special Event and by providing specific approval criteria governing time,place, and manner. At the Planning Commission's October 19, 2009 hearing, the Commission received testimony from the Phil Yount of the Tigard Grange and Stan Baumhofer of the Tigard Area Farmers Market. Mr. Yount was generally in favor of the proposed code amendments but worried that the approval criteria would require specialized findings and the need to pay for consultant services. Mr. Baumhofer expressed concern that the proposed code amendments included regulations which could stifle new business development. In addition, Commissioners raised several issues in response to the proposed code amendments including qualifying the type of organization, duration of the seasonal use,less onerous and more user-friendly approval criteria, and a call out for hours of operation. These issues are addressed in the following analysis and reflected in the attached Revised Development Code Amendment. STAFF ANALYSIS The following code sections have been revised as discussed below, while the proposed amendments to other sections addressed in the October 9, 2009 Staff Report remain unchanged. 18.785.020 Types of Temporary Uses This section contains the new temporary use "seasonal markets by chartered public service/non-profit organizations." Commissioner's wanted to clarify staff's intention with respect to "chartered public service/non-profit organizations." Staff supports the proposed language as a means to make the seasonal market use available to a wide range of organizations and not just those that are non-profits registered with the State's Corporation Division. Some public service organizations, such as a flower guild or social club may not be legal non-profits but nevertheless have a charter outlining the principles, functions, and organization of the group. As Stan Baumhofer testified, the Tigard Area Farmers Market started out as a civic event. In addition, the dictionary definition of the terms provides sufficient detail to determine if an organization qualifies. • • • 18.785.040 Approval Criteria A sixth approval criterion is proposed to establish the location, timing, and manner of the seasonal market use. This criterion provides a special term for seasonal markets of seven months to accommodate weekend or weekday markets. Originally proposed from May through October, the revised code amendment lengthens the period to include April as suggested by Mr. Yount. The period could be extended to a full year, as suggested by Mr. Baumhofer, to provide maximum flexibility. However, given the focus on seasonal markets for agricultural products, staff proposes the seven month period. Five additional approval criteriai are listed (18.780.040.A.6.a-e), applicable to seasonal markets only. Commissioners expressed concern that some of these criteria may potentially be too onerous for non- profit organizations to meet for the ephemeral seasonal market use. The following changes are proposed for criteria a through c to make them less onerous under the proposed revised code amendment: a. The sponsoring organization's "market rules and policies" describe the operating procedures and product mix allowed in a seasonal market. The City will require this document at the time of application to ensure seasonal markets comply with the character of the seasonal temporary use type as described in Section 18.785.020.A.2. The revised code amendment additionally lists basic elements that should be included in the rules and policies,including the hours of operation. Seasonal markets would then be held to the terms of rules and policies as reviewed and approved by the City at the time of application. b. In demonstrating safe ingress and egress, "access plan" is replaced by "documentation" to allow the applicant more flexibility. The expectation of a formal "Plan" can otherwise be substantively addressed by findings,letters of concurrence, or other documentation. c. To address potential traffic hazards, "traffic study" is replaced by "documentation" and "ODOT review" is replaced by "coordination with ODOT." The expectation of a formal traffic study and review by ODOT can otherwise be substantively addressed through findings, consultation, or other available information. ATTACHMENT 4 • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes October 19,2009 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 Present: Commissioners Anderson, Caffall, Doherty, Fishel, Hasman, Inman, Muldoon, and Vermilyea Absent: Commissioner Walsh,Alternate Commissioner Gaschke Staff Present: Community Development Director Ron Bunch Assistant CD Director Susan Hartnett Planning Manager Dick Bewersdorff Downtown Redevelopment Manager Sean Farrelly Associate Planner Gary Pagenstecher Senior Administrative Specialist Doreen Laughlin 3. COMMUNICATIONS- none 4. CONSIDER MEETING MINUTES 10-05-09 Meeting Minutes: President Inman asked if there were any corrections, deletions, or additions to the minutes; there was one correction (Commissioner Doherty's name had inadvertently been misspelled), President Inman declared the minutes approved with the noted correction. 5 PUBLIC HEARINGS 5.1 DOWNTOWN TIGARD CODE AMENDMENTS COMPREHENSIVE PLAN AMENDMENT(CPA)2009-00003,DEVELOPMENT CODE AMENDMENT (DCA)2009- 00005,ZONING MAP AMENDMENT (ZON)2009-00001 I:\r.RPI N\Doreen\PC\PC Packets for 2009\10.19-09\tpc 10-19-09 minutcs.doc 1 • • 5.2 DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004. SEASONAL OUTDOOR SALES CODE AMENDMENT STAFF REPORT Associate Planner Gary Pagenstecher went over the staff report on behalf of the City. (Staff reports are available to the public one week before the scheduled meeting.) QUESTIONS OF STAFF & COMMENTS FROM COMMISSIONERS Is there a City goal of having a single "Tigard Farmer's Market?" Pagenstecher: The Comp Plan calls for Farmer's Markets Downtown. That's a goal expressed in the Comp Plan. I think in the staff report we find this language allowing for a Farmer's Market consistent with that goal. Do we have a specific plan to provide a certain area in City owned property? No. Bunch interjected that a city can provide a place/opportunity for a Farmer's Market. He said it's very rare for a city to be the actual sponsor of a Farmer's Market kind of activity. Cities throughout the state in our research and experience worked with the organizations that establish a charter (inaudible) Farmer's Market. It is a City goal to provide opportunities for Farmer's Markets who operate in a community. So what I'm hearing is it's possible for several Farmer's Markets could be operating in the City at the same time?This has me concerned - so on any Saturday and Sunday—are we talking about a Farmer's Market at the Grange, a Farmer's Market Downtown, and maybe a Farmer's Market someplace else within the confines of the City all at the same time? Bunch: This provides the opportunity for that to happen if the market will allow it to occur according to the specific criteria,yes. - Commissioner Vermilyea said he had a technical question — [Re: Page 6 of 10— 18.785.020]. Whafdo you mean by the word-"chatter"? Is that meant wise a licensed; registered, non-profit with the state corporation division—is that what the intent is there? Or is there some other charter that I'm not aware of? Is the City intending to issue a charter?No. So my suggestion then would be to put in language something along the lines of a public service or non-profit organization duly and properly licensed by the State of Oregon—or something along those lines because in order for a non-profit to operate legally in Oregon you have to register and file annual reports with the state corporations division. So something along those lines to me seems to be a more specific set of language than "charter". Commissioner Doherty —So, in other words,when you talk about charter your intent was an organization that has a charter, a by-laws, a constitution, that kind of thing? I:\LRPLN\Dorocn\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutes.doc 6 • • • Or was your intent that they had some recognition from the state? I really think that needs to be defined—I agree with Commissioner Vermilyea. Pagenstecher-We ran this by the City Attorneys and they had no problem with this language. Neither did they didn't suggest another language. They can be chartered public service—in other words by-laws and documents that they have this organization and operate under these rules, or they can be a non-profit organization. QUESTIONS OF APPLICANT TESTIMONY IN FAVOR: Phil Yount, 11222 Cottonwood Lane,Tigard—introduced himself as the"treasurer/janitor/rental manager" of the Tigard Grange. He's also a 17 year resident of the City of Tigard. He wanted to publically thank Ron Bunch and Gary Pagenstecher for their recognition of the problem confronting the Tigard Grange last spring and summer when they wanted to implement a Farmer's Market activity on the Tigard Grange property and were not allowed to do so for longer than 30 days. When asked how the Tigard Farmer's Market could operate for longer than 30 days, he said they didn't really have an answer to that question—and thus, this meeting tonight. He said the Grange needs to have a way to earn funds to support the activities at the Grange. He hopes that the Planning Commission will see fit to recommend this to the City Council and they will end up passing it so that a year from now they can implement their Farmer's Market. He said he was concerned about one thing in the staff report. The one that says they will need to enumerate how they are satisfying all these different things,like visual access, parking, so on and so on. He said he's relatively confident they can do it but whether they can write it— they don't have writers and if they have to hire an attorney to write that application for them, that might be somewhat of a disadvantage... but they might just have to overcome it. He ended saying he encourages them to recommend this to the City Council. QUESTIONS OF YOUNT: What's your take on actually calling out specific months (such as May to October) as opposed just giving a specific duration of time? We would probably be happier if it said "April to October" but I'm satisfied with May to October.That would fulfill all the requirements that we currently have. We have a strawberry vendor that works within the 30 day requirement.We also have a Christmas tree vendor that works within the 30 day requirement. If we could have the six months—seven would be better—but I don't think that's a critical need. Do you have concerns with dealing with traffic that might be coming in and out of the grange during the market on Hwy 99?No—because we have entrance and egress as it stands and we have to deal with that during the Christmas tree season and the strawberry vending season as it is and haven't had any particular complaints about that. I:\LRPLN\Doreen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutes.doc 7 TESTIMONY AGAINST Mr. Stan Baumhofer,PO Box 230421,Tigard 97281, President of the Tigard Area Farmers Market at 12950 SW Pacific Hwy, said he signed up as "against" the proposals,not so much that he's against anything that is proposed in the current code, but more the concept is that the more regulations you provide, the less chance a new business has of starting. His testimony is as follows: We have no objection to the grange having a market or any other body— so far as we're concerned—the more the better.Like a gas station on 4 corners. Some of the things being considered should include a definition of what a Farmer's Market is. To make it easier on staff so that if someone comes to the counter, there should probably be a definition of what's a "bazaar," and what's a "food cart",what's a "Farmer's Market," what's a"garage sale"— so there's a definition as to where this potential applicant falls into your codes here. Also— considering whether it's a business for profit or a business not for profit. We started ours as a civic event and a venue for other non-profits to come at no charge by the market to display whatever they had—the Boy Scouts, the Chamber, the.Red Cross Blood Drive, or the City itself,when it's promoting an issue,we're glad to have you there at no charge—cause that's what we're all about.We're run by volunteers—we do hire a manager for the actual market—I'd like to introduce Pat Benson here. She is our Market Manager. Whether the organization is a profit or non-profit should be of some concern. If Landmark Ford came in and said they wanted to have a market in their parking lot on Saturdays - that might be a separate concern or issue as to whether,in comparison to a non-profit such as ourselves who are here for a civic purpose. We are registered with the Oregon Corporation Commission as a tax-paying corporation and we file a tax return every year. If we were to get to specific issues here I have a couple points. Specifically: the code exempts markets and yet you're trying to put allowances for temporary uses. If you want to talk about a timeframe in the context of running a market,I think it should say something like "less than a year." That way you don't have to worry about it being May 10th or May 12th or May 20th or something that specific. So you say less than a year—are you expecting us to come in every year and pay a new fee each time we renew our license? Is this code intended just to generate some more revenue for the City and:therefore run up the expense of the Markef"itself?"Litriiting- the type of products to be sold is another can of worms because—where do you stop—or where do you start on the different types of items to be sold. And if we do need approval every year,would you expect a fee from us?As to a new market starting and having to do a lot of studies... a"traffic study"—obviously we want to be concerned about the traffic but if you require so many studies—they're spending 4, 5, 7, 8,$10,000 just to go into business— they're never going to go into business.That is contrary to what I think the City should be doing. We've had over 75,000 people at our markets this summer—we compete with the Balloon Festival. Signage is an important thing for a market to succeed. What we would like to have is a permanent sign that says "This is the Home of the Tigard Area Farmer's Market" so 1:\I1U'N\Doreen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutes.doc 8 • • i people could contemplate 12 months of the year where we are and where we're going to appear when the market products come into vogue. QUESTIONS OF MR. BAUMHOFER With respect to the timeframe -is May to October as enumerated in the statute sufficient? Is it better to make it April to October as Mr. Haagen suggested, or is it best to make it a range of 6 months, or 7 months, in terms of how you're going to operate and when you're going to operate? That pretty much hinges on what your product is going to be. If you're going to sell something that's winter month oriented, you require during that time of year and that's why I say you can't guess correctly and fit all... one size doesn't fit all. We found that those six months from the middle of May to the end of October fits the kind of product that we are focusing on. That might not always be true for us or some other market. So are you suggesting that we change it to be a range of a number of months to give that kind of flexibility? With any 12 month period I think would be the flexibility that would work best. At this point,President Inman asked if anyone else was in the audience who wished to testify. There were none. QUESTIONS OF STAFF Regarding the criteria—they could tend to lean toward being onerous... such as letter"C," the traffic study. It could be a very expensive endeavor. That and "D," documentation that there is no adverse off-site impacts etc. How do you achieve that without paying consultants, and experts, and studies? I do see that, depending on how this is interpreted,you could end up spending thousands of dollars documenting something. Is there a way to soften the language so an applicant can address their plan and these concerns and then the planning director or somebody can require further documentation if they deem it necessary-to sort of allow somebody to `get in the door"? Pagenstecher: Not every site will have the same set of problems. It's entirely appropriate to attempt to make these standards achievable by non- profits who are doing something maybe once a week. I'd like a common sense approach—a less onerous approach.We need to take another look at these 5 criteria of 18.785.040 No. 6. And come up with a way to get to what you're talking about because I don't think the language that's in there now, gets there. Can you wordsmith this so that the goal is workable—allowing permitted uses for both of these entities? Yes—we can certainly do that. We have a few months until May to work this out. I:\LRPLN\Doreen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutes.doc 9 i • President Inman asked for a general consensus from the Planning Commission. If I'm hearing this correctly,we'd like to go back.and address these approval criteria, see if we can soften them up,get more of a sliding scale—something in there that's a little more potentially "user friendly." Is that correct? The Commission concurred. Commissioner Vermilyea added one thing that he wanted to be specific criteria—and that would be a call out for hours of operation. So the way it's written right now the modification is good for one year? So would they come in every year for a modification?Yes—they would renew it each year.What are the fees associated with that? Currently non-profits have no fees for renewal. PUBLIC HEARING CLOSED DELIBERATION The commission decided to continue this meeting and deliberations to November 2nd. 6. OTHER BUSINESS--None. 7. ADJOURNMENT President Inman adjourned the meeting at 8:50 pm. UAL) 41 � - Doreen Laughlin,Planning Commi• i. Secretary cn1A_- A'I'I'EST: President Jodie Inman • I:\I.RPLN\Doreen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutes.doc 10 • ATTACHMENT 5 • • Agenda Item: ,,7 i CL Hearing Date: October 19.2009 Time: 7:00 PM : STAFF REPORT TO.THE • PLANNING COMMISSION o :, : : FOR THE CITY OF TIGARD, OREGON -r i c A u D . SECTION I, APPLICATION SUMMARY CASE NAME: SEASONAL OUTDOOR SALES CASE NO.: Development Code Amendment(DCA) DCA2009-00004 PROPOSAL: The City of Tigard requests approval for a development code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by public benefit/community service organizations. APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 ZONES: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use.A wide range of uses,including but not limited to adult entertainment, automotive equipment repair and storage, mini- warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations,are permitted conditionally. *CBD: Central Business District. The CBD zoning district is designed to 'provide a concentrated central business district, centered on the City's historic downtown,including a mix of civic,retail and office uses.Single-family attached housing,at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright;-A--wide-range of-uses,-including-but-not-limited-to--adult-entertaitunent,utilities; facilities with drive-up windows,medical centers,major event entertainment and gasoline stations,are permitted conditionally. *Note: The CBD zone is scheduled to be enlarged and rezoned MU-CBD when the Council reviews and, if acceptable, approves the Downtown Code Amendments on December 8, 2009.Therefore, the proposed revision to the Temporary Use Chapter text which identifies the applicable zones for seasonal markets includes the new zone in anticipation of its adoption by Council(18.785.040.2,page 7). LOCATION: Land zoned General Commercial (C-G) and Mixed Use-Central Business District (MU- CBD). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goals 9.2.1 and 9.3, Economic Development; Goal 15.2, Special Planning Area- Downtown; and Statewide Planning Goals 1,2 and 9. SEASONAL OUTDOOR SALTS DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PURI.IC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 10 • SECTION II. STAFF RECOMMENDATION ;Staff recommends:that the Planning Commission find in favor of the proposed text amendment providing for. seasonal markets by public benefit/community service organizations,with any alterations as determined through the public hearing process,and make a final recommendation to the Tigard City Council. SECTION III. BACKGROUND INFORMATION Earlier this year, the Tigard Grange proposed a seasonal outdoor sales event at its property on Highway 99W to occur on the weekends through late spring to early fall. This was proposed as a "farmer's market" type of activity with vendors using Grange property in exchange for a fee.The purpose was to raise funds to repair the Grange building and support the organization's activities. However, the Community Development Code does not allow seasonal or special events of the duration (in excess of 30 days) proposed by the Grange nor did the proposal qualify as an exemption.granted when seasonal events are conducted by and totally for the benefit of a Tigard-based nonprofit organization.. Instead, staff had to consider the request as an outdoor commercial use, which would require substantial and expensive site improvements.The Grange felt this was disproportionate with the intensity of the use proposed. Therefore, in order to make.it possible for the Grange and other public benefit/service organizations such as the Tigard Area Farmers Market to hold season-long events, the Director requested Council's approval to initiated a code amendment. On July 21, 2009, City Council held a Workshop meeting to discuss the initiation of the code amendment to expand opportunities for outdoor sales events by public benefit/community service organizations. Councilors acknowledged the code currently does not address temporary outdoor sales sufficiently and mentioned specific issues that should be addressed upon expansion of the use including parking, visual clearance, neighborhood impact and prohibition of flea markets and garage sales. Additionally, staff discussed a draft code amendment with representatives of the Tigard-Area Farmers' Market and Tigard Grange,whose comments have been addressed in this report. SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS APPLICABLE PROVISIONS.OF THE.TIGARD.DEVELOPMENT CODE._ Tigard Development_Code Section 18.380.020, Legislative Amendments to this Title and Map, states that legislative zoning map and text. amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. The proposed text amendment would apply to all C-G and MU-CBD zoned lands within the City. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. Section 18.390.060.G establishes standard decision-making procedures for reviewing Type. IV applications.. 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 and conclusions are provided below for the five listed factors on which the recommendation by the Commission and the decision by the Council shall be based. SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OP 10 • S STATEWIDE PLANNING GOALS AND GUIDELINES 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. This goal has been met by complying with the Tigard Development Code'notice requirements set forth in Section 18.390. A notice was published in the Tigard Times newspaper prior to the hearing. After the Planning Commission public healing, additional notice will be published poor to the City Council hearing. Two public hearings are held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Comprehensive Plan. As discussed within this report, the Development Code process and standards have been applied to the proposed amendment. Statewide Planning Goal 9—Economic Development: This,:goal seeks to provide adequate and throughout the state for a variety of economic activities vital to the health,welfare, and prosperity of Oregon's citizens. The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Economic Development goal and policies is discussed later in this report. FINDING: Based on the analysis above and the applicable findings below, staff finds that the proposed text amendment is consistent with applicable Statewide Planning Goals. TIGARD COMPREHENSIVE PLAN Comprehensive Plan Goal 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. The-City-has-mailed-notice of the--Planning-Commission-hearing-to-interested-citizens-and-agencies.--The-City published notice of the Planning Commission hearing October 1,2009. After the Planning Commission public hearing, additional notice will be published prior to the City Council hearing. Two public hearings are held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. With these public involvement provisions, the proposed Development Code Amendment is consistent with applicable Citizen Involvement policies. Comprehensive Plan Goal 2:Land Use Planning Goal 2.1: Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. Policy 2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. The current development code does not provide for seasonal outdoor sales of the type and duration provided by the Tigard Area Farmers' Market. Therefore, the Director requested Council's approval to develop a code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 10 • • • , Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by public benefit/community service organizations. The request updates the implementing regulations of the Comprehensive Plan, consistent with the applicable provisions of the Land Use Planning Goal. Comprehensive Plan Goal 9: Economic Development Goal 9.1:Develop and maintain a strong,diversified, and sustainable local economy. Policy 3: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities,provided that required infrastructure is made available. Policy 12: The City shall assure economic development promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economic future. The proposed code amendment would provide for farmers' markets by public benefit organizations, which is not currently allowed under the code. Proposed approval criteria (18.785.040.6/7) would ensure required infrastructure would be available. Farmers' markets provide economic opportunity for farmers to have direct sales to end buyers and buyers the opportunity to buy direct from farmers. Markets provide a civic function by providing community gathering places. .purchasing food at a local farmers'market has a positive global impact. Farmers that sell at farmers'markets are dedicated to keeping smallll family farms alive and thriving; and investing in sustaanabk farming practices that make a huge derence to our environment, economy and'social well being. The most obvious w that a small, sustainable farm makes a global derence is by reducing the consumption of fossil fials. Producin and distributing conventionally grown food requires an enormous amount of resources. A 2000 study found that 10 percent of the United States'annual energy consumption is used by the food industry. The shorter distance food travels, the less fuel is needed to transport it. • Sustainable farming techniques used by many of Oregon's small family-run farms can produce truly dramatic reductions in resource consumption. The U.S. Department of Agricultute estimates that we could save 80 million gallons of diesel fuel a year used to pump water onto crops simply by improving the efficiency of our irrigation systems by 10 percent.Likewise, reducing the amount of petroleum-based pesticides and fertikers used on our nation's major cropland would not only save us around S1 billion, but also help prevent water and soil poltion. Portland Farmers'Market (PFM), September 2009 Newsletter. Goal 9.3 Make Tigard a prosperous and desirable place to live and do business. Policy3. The City shall commit to improving and maintaining the quality of community life (pubic safety, education, transportation, community design, housing,parks and recreation, etc.) to promote a vibTarit and sustainable economy.. . - _.._.. ._ _. ._ ._ .. .. Recommended Action Measures, xvi: Recognize and promote community events as having potential for positive economic impacts and as important for community identity. Oregonians are hungry for the fresh, nutritious food and community gathering places that farmers'markets provide. Farmers' markets offir the unique opportunity to make cities feel like small towns and strangers eel like neighbor. J y or i'ng connections between consumers and farmers and food producers, it creates a strong constituency strangers growing the local food economy — the backbone of a truly sustainable community.PFM September 2009 Newsletter. Comprehensive Plan Goal 15: Downtown Tigard Urban Renewal District Goal: 15.2 Facilitate the development of an urban village. Policy 2.The downtown's land use plan shall provide for a mix of complementary land uses such as: A. retail,restaurants, entertainment and personal services; B. medium and high-density residential uses,including rental and ownership housing; C. civic-functions (government offices,community services,public plazas,public transit centers,etc); D.professional employment and related office uses; and E. natural resource protection,open spaces and public parks. SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE'PLANNING COMMISSION PAGE 4 OF 10 i • Recommended Action Measures,v. Provide areas in the downtown where community events, farmer's markets,festivals and cultural activities can be held. Amending the development code to provide for farmers' markets explicitly implements the Downtown Urban Renewal District goal to facilitate the development of an urban village. To further facilitate this goal, the City may consider identifying a City-owned location downtown as a permanent site for a Tigard-Area farmers' market. FINDING: As shown in the analysis above, the Citizen Participation and Land Use goals have been satisfied. The proposed development code amendment provides for economic development that promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economic future. Staff finds that the proposed text amendment is consistent with the applicable goals and policies contained in the Tigard Comprehensive Plan. PROPOSED TEXT AMENDMENT TO THE TIGARD DEVELOPMENT CODE r,} .. v r ' . . ,�` r.Ti y - •d . Vi i: l : s y /.� 'S:.' jiy:Ji X4 is . : : { yt a 4 anQ � :i>ty '�G,,!'::-:.:=':::•-=';'...:7;;.. 'F J < tt .4 1 'r1x ig � a Z. s. :3i+ a: s`v t AAA ''am}�,' ` � •Y�' [ § z.. :a. ft.1, 4" Y!8 ^Sa ' . 5Y:' ,`'Gn .'y i tii•-:.5:.'i�'.IV. ••arSt4. St'U L' 'r �Y verS• i s. a4. % � 1 4a i C> a i Y ,: " T k j . ` Y wa.{ $f ' `•F i• .1i ` . � L ae , 4. "3 ' s.a4 fiY `:^r�� '" r4 ' ,i ;`_. iy. ?c iT,.v . tLi,ry + T > h _,t .. X / tS; y.z: - ' : a - til , `i F 4t { 6W#64%4 i ° y � Jl S `y l'! I .i r i a' � 4yelz c ht Io . . i :i�4 + * . a . t 4 t I�` =1.p ♦ ypN� �• �Zi 4 ft. :n 1 m S 4 ....„..,,,,,,--,,,,-,‘",..,,,],,,,,,44.,..1,.-4.:,,,,,,,,-,,1 =i . 'i � selifi tr u?' ` y. a;r �n '�,r c ;s, , y � X� v Chapter 18.785 TEMPORARY USES Sections: 18.785.010 Purpose 18.785.020 Types of Temporary Uses 18.785.030 Approval Process 18.785.040 Approval Criteria .- 18.785.050 Application Submission Requirements 18.785.010 Purpose A. Purpose. The purpose of this chapter is to establish standards for the approval of three types of temporary use: 1. Use that is seasonal or directed toward a specific event; 2. Use which is occasioned by an unforeseen event;and 3. Sales offices and model homes in conjunction with the sale of homes. B. Disclaimer. This chapter is not intended to be a way to circumvent the strict application of the use districts. Therefore, time limits are to be strictly enforced. This chapter sales: SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 5 OF 10 • I C. Exemptions. This chapter does not apply to 1.1 seasonal and special events conducted by and totally for the benefit of a Tigard-based nonprofit organization. 2) garage sales,or 3, temporary construction offices in conjunction with the initial development of residential, commercial or industrial property (three or more dwelling units or lots). 18.785.020 Types of Temporary Uses A. Seasonal or special event. This type of temporary use is a use which by its nature will last less than one year. Examples of this type of use are those associated with the sale of goods for a specific holiday,activity or celebration, uses associated with construction, or seasonal use. This type of use does not apply to businesses seeking a temporary or interim location. Examples of this type of temporary use include: 1. Use associated with the celebration of a specific holiday such as the sale of Christmas trees and fireworks; 2. Use associated with the sale of fresh fruits, produce, and flowers, including seasonal markets by a chartered public service/non-profit organization which may offer additional products and services as provided in the.organization's "market:rules and policies" such as landscaping plants,prepared food, animal products, and art/handcrafts assembled by the vendor; 3. Use associated with festivals or celebrations or special events; 4. Seasonal activities such as the sale of food at sports events or activities; 5. Use associated with construction such as the storage of equipment during the construction of roads or development,but not a temporary sales office or model home as provided by Section 18.785;and 6. Temporary fund raising and other civic activities in commercial zoning districts. 18.785.030 Approval Process A. Procedure type. Approval of various temporary uses shall be processed as follows: 1. Seasonal or special event: by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Section 18.785.040A; 2. Unforeseen/emergency situations: by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Sections 18.785.0408; 3. Temporary sales office/model home: by means of a Type I procedure, as governed by Section 18.390.030,using approval criteria in Sections 18.785.040C; 4. Temporary building in commercial and industrial zones: by means of a Type I procedure, as governed by Section 18.390.040,using approval criteria in Sections 18.785.040D. B. Effeetiv A_nprovai p eriod. An approval for a temporary use by the Director shall be effective valid for a period of one year unless otherwise stipulated by the approval. C. Lapsing of approvaL An approval for the temporary use by the Director shall lapse if: 1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period;and 2. Construction or activity on the site is a departure from the approved plan. D. Renewal of approval. A temporary use approval.may be renewed once by the Director for a period not to SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT'TO THE PLANNING COMMISSION PAGE 6 OP 10 • • exceed one year. A .royal for , se.son:1 .r :. • i.1 •nt u•e ma .e r•n- ;ed In an annual ,a:is in the same manner as if it were an original application. Notice of the decision shall be provided to the applicant. E. Renewal for temporary residential sales office/model homes. A permit for temporary sales offices and model homes may be renewed on an annual basis in the same manner as if it were an original application as long as 50%or less of the total number of dwelling units have been issued occupancy permits. 18.785.0{0 Approval Criteria A. Seasonal and special events. Using a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions or deny based on findings that all of the following criteria are satisfied: 1. The use occurs only once in a calendar year and for no longer a period than 30 consecutive days,. 2. The use is permitted in the underlying zoning district. 3. The applicant has proof of the property-owner's permission to place the use on his/her property; 4. There will be no parking utilized by the customers and employees of the temporary use which is needed by the property owner to meet his/her minimum parking requirement, as governed by Chapter 18.765, Parking and Loading. 5. The use will provide adequate vision clearance, as governed by Chapter 18.795, Vision Clearance, and shall not obstruct pedestrian access on public rights-of-way. G Seasonal markets are permitted in the C-G and MU-CBD zones and may operate from May through October.Additional approval criteria for seasonal markets include the following: a. Provide "market rules and policies" for City approval, which are consistent with the seasonal market use description in 18.785.020.A.2 and will be observed for the duration of the permit. b. Provide an access plan demonstrating adequate and safe ingress and egress exist when combined with the other uses of the property, consistent with applicable standards of Chapter 18.705.Access.Egress and Circulation; c. Provide a traffic study demonstrating the use will not create-a traffic-hazard, including- ODOT review, if applicable; d. Provide documentation that the use will not create adverse off-site impacts related to • noise, odors,vibrations,glare or lights that would be greater than otherwise allowed by uses permitted outright in the zone; and e. Signs are allowed as permitted in Chapter 18.780, however, the period may correspond to the duration of the permitted seasonal market use. 18.785.050 Application Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type I, depending on the type of temporary use for which the approval is sought. B. Additional information. In addition to the information described in Subsection A above,the applicant shall SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 7 OF 10 • • provide a site plan, narrative and other information as specified in a detailed hand-out provided by the Director. C. Emergency situations. The Director may waive any of the requirements in this chapter or request additional information in accordance with Chapter 18.390 for cases which involve destruction of an existing structure due to fire, natural causes, or other, circumstances that are beyond the control of the applicant. An emergency as allowed by this subsection shall not include failure by the applicant to submit a temporary use request as provided in this Chapter.■ SECTION V. STAFF ANALYSIS The proposed code text amendment incorporates comments from City staff and representatives of the Tigard- Area Farmers' Market and Tigard Grange. The proposed amendment includes 1) minor changes for readability of the existing language, and 2) changes that provide for the farmers' market use under the Seasonal and Special Use type. The following analysis is divided by Chapter section: 18.785.010 Purpose At the July 21st Council Workshop to discuss initiation of the code amendment, Councilors mentioned specific issues that should be addressed upon expansion of the seasonal temporary use including parking, visual clearance, neighborhood impact and prohibition of flea markets and garage sales. The proposed amendment moves the existing reference to "garage sales" from the Disclaimer to the Exemption section of the chapter for clarity. Disclaimer now refers solely to the use districts and the enforcement of time limits. Exemptions now includes garage sales in addition to two other exempt uses to which the Chapter does not apply. The three listed uses are considered of a type, scale, and duration where any expected impacts would be limited and should be allowed without permit. Council's concern that seasonal markets not resemble flea markets or garage sales is ensured through the qualifying language that requires seasonal markets to be sponsored by chartered public service/non-profit organizations and approval criteria requiring City review and approval of"market rules and policies." 18.785.020 Types of Temporary Uses This section contains the new temporary use "seasonal markets by chartered public service/non-profit organizations" and extends the types of products that could be sold at such markets by listing examples and requiring consistency with the organization's market rules and policies that guide the sales agreements with vendors. The list of allowed products closely follows the Tigard-Area Farmers' Market guidelines. Other markets in the metropolitan area are more restrictive, for example;allowing-farm products-by riot-drafts. 18.785.030 Approval Process This section changes the wording of the Approval period to be consistent with code construction found elsewhere in the development code. In addition, explicit provision for renewing a seasonal or special event has been added to balance the general renewal language. 18.785.040 Approval Criteria This section clarifies that the existing 30-day term for the general seasonal and special event use type is intended to be consecutive days. A sixth approval criterion is proposed to establish the location,timing, and manner of the seasonal market use. Seasonal markets are restricted to the General Commercial (C-G) zone and the new Mixed Use-Central Business District (MU-CBD) zone which correlates to the Downtown Urban Renewal District boundary. The CBD zone is scheduled to be enlarged and rezoned MU-CBD when the Council reviews and, if acceptable, approves the Downtown Code Amendments on December 8, 2009. Ultimately, as provided for in SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 8 OF 10 • • Comprehensive Plan Policy 15.2,a location downtown would be developed to host a farmers'market. The C-G zoning district is designed to accommodate a full range of retail,office and civic uses with a City-wide and even regional trade area.Allowing outdoor seasonal markets as a temporary use in this zone would result in the least conflict with other permitted uses and affords organizations like the Tigard Grange to use their facilities. The section provides a special tern for seasonal markets of six months to accommodate weekend or weekday markets for the typical period from May through October. Council expressed concern for parking, visual clearance, and neighborhood impact issues on expansion of the seasonal temporary use to include seasonal markets. Existing approval criteria #4 and #5 already require that parking and visual clearance,respectively,be addressed. Five additional approval criteria are listed,applicable to seasonal markets only. The sponsoring organization's "market rules and policies" describe the operating procedures and product mix allowed in a seasonal market. The City will require this document at the time of application to ensure seasonal markets comply with the character of the seasonal temporary use type as described in Section 18.785.020.A.2. Additional approval criteria are proposed to address access and egress, traffic hazards, off-site impacts, and signs. The applicant would need to demonstrate in their narrative and application materials that these criteria are satisfactorily met. 18.785.050 Application Submission Requirements In addition to the proposed development code text amendment discussed above, staff proposes to amend the Temporary Use Type I Application form, pursuant to 18.390.030.B.2.b, to additionally require the Applicant's Statement"to address the relevant criteria m sufficient detail for review and action." Currently, the application form requires an Applicant's Statement but does not detail what should be included. The proposed additional language would require the applicant's statement to address each of the applicable Approval Criteria in 18.785.040. Staff's discussion with representatives of the Tigard-Area Farmers' Market also included the possibility of a fee structure that would acknowledge public service/non-profit organizations as seasonal market providers. Currently,Non-Profits are exempt from the$304.00 filing fee for temporary uses. SECTION VI. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS The City of Tigard Current Planning and Planning and Engineering Techs reviewed the proposal and provided comment that has been incorporated into the proposed amendment. The City of Tigard Code Enforcement Officer reviewed the proposal and provided-comment that has been incorporated into the proposed amendment. The City of Tigard Police Department reviewed the proposal and had no objections to it. The City of Tigard Public Works Department reviewed the proposal and had no objections to it. The City of Tigard Long Range Planning Division was notified of the proposed code text amendment but did not comment. The City of Tigard Engineering Department was notified of the proposed code text amendment but did not comment. METRO, ODOT, and DLCD were notified of the proposed code text amendment but provided no comment. SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 9 OF 10 • October 9, 2009 PREPARED B •• G ry agens echer DATE (_? Asso to Planner ifr i f 1 / �� October 9,2009 APPROVED BY: Ron Bunch DATE Community Development Director SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 10 OF 10 ATTACHMENT 6 I 111 e. ,. City of Tigard ,t { ; : Tigard Business/Workshop Meeting - Minutes 4, TIGARD CITY COUNCIL&LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: July 21, 2009/6:30 Business/Workshop Meeting MEETING LOCATION: City of Tigard—Town Hall, 13125.SW Hall Blvd.,Tigard, OR 97223 • BUSINESS MEETING a. At 6:35:44 PM Mayor Dirksen called to order the Tigard City Council and Local Contract Review Board. b. Deputy City Recorder Krager called the roll. Present Absent Councilor Webb x Council President Wilson x Councilor Buehner x Mayor Dirksen x Councilor Henderson x c. Pledge of Allegiance d. Council Communications&Liaison Reports-None e. Call to Council and Staff for Non-Agenda Items-None 1. CONSENT AGENDA: (Tigard-City Council and Local Contract Review Board) 1.1 Approve City Council Minutes for May 26,2009 1.2 Extend Intergovernmental Agreement through June 30,2010,with Metro Providing Police Department Support for the Enforcement of Metro's Illegal Disposal Ordinance 1.3 Local Contract Review Board: a. Award Pavement Overlay Pavement Major Maintenance Program(PMMP) Contract b. Approve Purcha3c of Five Ncw Patrol Vehicles though the State of Oregon-Gantt-act Note:Item 1.3.b removed from Agenda on July 17,2009. Councilor Buehner moved to approve the Consent Agenda. Council President Wilson seconded the motion and all voted in approval. TIGARD CITY COUNCIL/LCRB MINUTES —July 21, 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 11 • • • Yes No Councilor Webb Absent Council President Wilson x Councilor Buehner x Mayor Dirksen x Councilor Henderson Absent • WORKSHOP MEETING 2. DISCUSSION WITH CITIZENS ON THE FORMATION OF AN AQUATIC DISTRICT TO FUND THE OPERATION OF THE TIGARD-TUALATIN'SCHOOL DISTRICT'S SWIMMING POOLS 6:38:20 PM Public Works Director Koellermeier introduced this item. He said the swimming pools at the high schools in Tigard and Tualatin are suffering financially and the Tigard-Tualatin School District(TTSD)is talking about closing them. He said a group of concerned citizens has proposed a solution to keep the pools open.He introduced spokesperson Pam Griffith,representing a group of citizens wanting.to preserve the pools at each high school for the community's benefit. Ms. Griffith said the swimming pools have been operating at a loss for the Tigard-Tualatin School District (TTSD) and the District indicates that they cannot continue to accept these annual losses,which are calculated to be$500,000 to$600,000 per year. Options include mothballing or closing the pools,on which construction costs are still being paid by people in the TTSD and will be until the year 2016. She said the group proposes the formation of a special Aquatics Park and Recreation District under ORS Chapter 266. The essential features of the proposal are: 1) District boundary would be the same as the current TTSD boundary. 2) The District would be managed by a five-person board of directors,elected at-large from members of the new District. 3) The District would be funded by a permanent tax levy (9 cents per$1,000 of assessed property in the district) 4) TTSD would continue to own the pools and the new District would operate them. They are considering a lease arrangement. This is a limited special district request,and is only for the purpose of continuing the status quo operation of the pools. No expansion is being contemplated. The communities are major users of these pools,at a level of 100%in the summer and 80%the rest of the year. Benefits to the cities (Tigard,Tualatin,King City and Durham)include swimming lessons,recreational opportunities for all ages,family swims,lap swims,water polo, swim teams,rehabilitation and exercise,and training for law enforcement,firefighters and the FBI. Swimming pools also provide added value to neighborhood homes. Regarding process,Ms. Griffith said the group has spoken with representatives from the cities of Tigard and Tualatin,Washington County,both city's park boards and the TTSD. She said they are asking the cities for certified resolutions of support,consenting to the formation of this special district. She said they need to present a petition to Washington County by September,2009 and this needs to be on the ballot by May of 2010. People would be voting on: • Approving the formation of the district • Approving the tax levy • Electing a board of directors TIGARD CITY COUNCIL/LCRB MINUTES -July 21, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 I www.tigard-or.gov I Page 2 of 11 • 8. DISCUSS INITIATION OF A CODE AMENDMENT EXPANDING OPPORTUNTTIES FOR OUTDOOR FUNDRAISING EVENTS 8:53:27 PM Associate Planner Pagenstecher said the purpose of this item was to open a discussion on whether a Community Development Code amendment should be issued to expand opportunities for public benefit and community service organization outdoor sales events. He said this was precipitated by the Tigard Grange wanting to hold outdoor sales in their parking lot and finding that it is not allowed under the current Development Code. They questioned how the Tigard Farmers Market is allowed to operate in the parking lot of Young's Funeral Home. Mayor Dirksen said the current Code doesn't really prohibit this;it just doesn't address it very well. Councilor Buehner asked if seasonal temporary sales, such as Christmas trees or berries,were a problem with the current Code. Associate Planner Pagenstecher said these uses are listed in the Code but"Saturday Markets" or farmers markets are not and they would not meet the current criteria of a limited duration to 30 days,for example. 8:55:46 PM Community Development Director Bunch pointed out another difference with the Grange's request is it is undertaken solely by a non-profit entity for the benefit of that entity. He said with Saturday markets, it is a chartered organization but the people who actually sell the goods are making a profit for themselves. He said the Grange wants to sponsor a farmer's market where operators would pay a small rental fee to the Grange,but make an individual profit. This does not follow the Code. 8:56:40 PM Councilor Buehner asked if the City can specify what is governed by this Code,i.e. flea markets, or farmer's markets, etc. Associate Planner Pagenstecher said that can be handled simply by issuing a permit that specifies time, place, manner and type of product. Farmers' market products are fruits, produce and flowers. Sometimes arts and crafts can be added if they are secondary to the produce sales,and food may be allowed. Councilor Buehner and Council President Wilson mentioned these concerns: o Parking issues o Visual Clearance o Impacts on nearby neighborhoods o Perpetual flea markets or on-going garage sales should not be allowed Associate Planner Pagenstecher said currently visual clearance and parking can be regulated with very specific, time-tested regulations. He said these uses can be limited to Commercial,Light Industrial or Heavy Industrial Zones.Associate Planner Pagenstecher said Lake Oswego, for example,limits these events to east and west end Commercial Zones and the Lake Grove Industrial zone. Tigard currently limits seasonal sales to the Commercial,Heavy and Light Industrial Zones but there are also cities that pre-approve certain properties for this use,such as the City of Portland does by leasing public parks for the purpose of Saturday Markets. 9:01:27 PM Council President Wilson commented that these uses are most viable on arterials since they depend on drive-by traffic for customers. 9:02:31 PM Community Development Director Bunch said staff will develop a proposal taking into account Council's concerns, and bring it forward to the Planning Commission. Mayor Dirksen said, "As always, our goal should be to make our Code such that citizens are allowed to do things as long as they don't impose a burden on others." 9. ADJOURNMENT TIGARD CITY COUNCIL/LCRB MINUTES -July 21, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 10 of11 .. • • At 9:03:16 PM Council President Wilson moved for adjournment. Councilor Buehner seconded the motion and all voted in favor. Yes No Councilor Webb Absent Council President Wilson x Councilor Buehner x Mayor Dirksen Councilor Henderson Absent /s/ Carol A.Krager Deputy City Recorder Attest: /s/ Craig Dirksen Mayor,.City of Tigard Date: August 25,2009 I:\ADM\CATHY\CCM\2009\090721 workshop.doc TIGARD CITY COUNCIL/LCRB MINUTES-July 21, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 11 of11 • ❑ DLCD In person El electronic n mailed Pk Notice of Adoption COp 16, This Form 2 must be mailed to DLCD within 5-Working Days after the Final Ordinance is signed by the public Official Designated by the jurisdiction and all other requirements of ORS 197.615 and OAR 660-018-000 For orrice use Oa Jurisdiction: City of Tigard Local file numb : DCA2009-00004 Date of Adoption: 2/23/10 Date Mailed: 3 10 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? ® Yes ❑ No Date: 9/4/09 U Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ® Land Use Regulation Amendment n Zoning Map Amendment n New Land Use Regulation ❑ Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". The Community Development Director requests a development code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets within the General Commercial (C-G) and Central Business District (CBD) zones by public benefit/community service organizations. 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: N/A Acres Involved: N/A 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 I N 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. Please list all affected State or eleral Agencies, Local Governments Special Districts: None Local Contact: Gary Pagenstecher Phone: (503) 718-2434 Extension: Address: 13125 SW Hall Boulevard Fax Number: 503-718-2748 City: Tigard Zip: 97223 E-mail Address: garyp @tigard-or.gov ADOPTION SUBMITTAL REQUIREMENTS This Form 2 must be received by DLCD no later than 5 days after the ordinance has been signed by the public official designated by the jurisdiction to sign the approved ordinance(s) per ORS 197.615 and OAR Chapter 660, Division 18 1. This Form 2 must be submitted by local jurisdictions only(not by applicant). 2. When submitting, please print this Form 2 on light green paper if available. 3. Send this Form 2 and One (1) Complete Paper Copy and One (1) Electronic Digital CD (documents and maps) of the Adopted Amendment to the address in number 6: 4. Electronic Submittals: Form 2—Notice of Adoption will not be accepted via email or any electronic or digital format at this time. 5. The Adopted Materials must include the final decision signed by the official designated by the jurisdiction. The Final Decision must include approved signed ordinance(s),finding(s), exhibit(s), and any map(s). 6. DLCD Notice of Adoption must be submitted in One (1) Complete Paper Copy and One (1) Electronic Digital CD via United States Postal Service, Common Carrier or Hand Carried to the DLCD Salem Office and stamped with the incoming date stamp. (for submittal instructions, also see# 5)] MAIL the PAPER COPY and CD 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 7. Submittal of this Notice of Adoption must include the signed ordinance(s), finding(s), exhibit(s) and any other supplementary information (see ORS 197.615 ). 8. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt(postmark date) of adoption (see ORS 197.830 to 197.845 ). 9. In addition to sending the Form 2 -Notice of Adoption to DLCD, please notify persons who participated in the local hearing and requested notice of the final decision at the same time the adoption packet is mailed to DLCD (see ORS 197.615 ). 10. Need More Copies? You can now access these forms online at http://www.Icd.state.or.us/. You may also call the DLCD Office at(503) 373-0050; or Fax your request to: (503) 378-5518. Updated December 22,2009 • • U.S. PO . „ CE R T Attn: Patty/Planning 0 (Domesti RE: DCA2009-00004 ;al) 0 For delive Seasonal Outdoor Sales Q' "Notice of Adoption" M Postage •- O 0 97�j Certified Fee linos O Return Receipt Fee v a c3 (Endorsement Required) Here Restricted Delivery Fee .� 0 n p (Endorsement Required) o- 9 IQ -a c:) Total Postage&Fees rim, GSpS f1J _ __ _ Sent To ATTN: PLAN AMENDMENT SPECIALIST Street Apt No.; ' Oregon Dept.of Land Conservation&Development N or PO Box No. 635 Capital Street NE,Suite 150 City,State,ZIP+4 Salem,OR 97301-2540 PS.Form 3800,August 2006 See Reverse for lnstructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. eceive y(PrinferName)_.. C. Date of Delivery rr • Attach this card to the back of the mailpiece, (A � _/ or on the front if space permits. D. Is deliv address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No ATTN: PLAN AMENDMENT SPECIALIST Oregon Dept.of L.?r,l Conservation&Developnent 635 Capital Street NE,Suite 150 Salem,OR 97301-2340 3. Service Type litt Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7008 2810 0001 3831 9009 (Transfer from service IabeO PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 II) • 4* 5. LEGISLATIVE PUBLIC HEARING—CONSIDER PLANNING COMMISSION RECOMMENDATION TO AMEND THE TIGARD DEVELOPMENT CODE TEMPORARY USE CHAP'1ER(18.785)TO ALLOW SEASONAL MARKETS (DCA2009-00004) 7:49:11 PM a. Mayor Dirksen opened the public hearing. 7:49:26 PM b. City Attorney Hall advised the same rules of procedure applicable to the hearing in Item No. 4 above apply to this hearing. Mayor Dirksen confirmed that all present had heard the rules of procedure for the previous item. c. Declarations or challenges: None d. Summation by Public Works Department 7:49:56 PM Associate Planner Pagenstecher presented the staff report. A copy of the staff report is on file in the City Recorder's office. He summarized past City Council review of this item: • In July 2009 City Council reviewed this item and gave staff guidance as to how this Code amendment should be addressed. He referred to discussions that precipitated this proposed amendment with the Tigard Grange. He advised that a member of the Grange is available tonight to give information,if needed,about the proposed Development Code Amendment. • There were two hearings with the Planning Commission,which resulted in some word changes in the proposed amendment to improve the original draft that was more restrictive with regard to providing required documentation for seasonal market activities. Council President Wilson advised he read the Planning Commission minutes after he read the proposed Code amendments. He found that he had some of the same questions as did some of the Planning Commissioners. While he thinks the language of the Planning Commissioners helps,he still thinks it could be tightened up. He referred to the exemptions listed on the first page of Exhibit A. Council President Wilson said it looks as if the difference between a use that would be exempt from the ordinance and one that is not exempt is whether there is a profit involved. Associate Planner Pagenstecher affirmed that a profit is involved to a third party. Council President Wilson suggested it might be better to say,"This chapter does not apply to seasonal and special events conducted by volunteers,exclusively for the benefit of a Tigard-based non-profit organization." Associate Planner Pagenstecher said this could be a reasonable alternative. Council President Wilson asked why this needs to be a Tigard-based,non-profit? For example his daughter is on a dance team at South Ridge High School in Beaverton,but lives in Tigard. Would this affect the car wash the students have at a Tigard business? He said he thought this chapter was intending to benefit things such as the example he gave. Associate Planner Pagenstecher said the language for the"Tigard-based non-profit"was original language and had not been raised as an issue. Assistant Community Development Director Harnett said that it is not uncommon for non-profit organizations to have hired staff who organize the operations of these kinds of activities. She said she would be a little concerned about limiting this section of the Code specifying"volunteers"only. She said the language Council President Wilson referred to is an exception to what the Code allows and the provision stating"Tigard-based"would provide limitations and avoid the potential of opening Tigard as TIGARD CITY COUNCIL- FEBRUARY 23, 2010 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 5 of 10 • • the community that hosts seasonal activities. She reiterated that this is an exception to the Code;it is not something that we are making a decision to allow on a routine and ongoing basis. 7:55:48 PM Assistant Community Development Director Harnett,in response to a question from Council President _ Wilson regarding the example of the car wash above,advised the exception in the Code is for outdoor sales and she did not think the activity of a car wash would fall in this category. Council President Wilson acknowledged the point made with regard to volunteers and said the wording might say"primarily volunteers." If the booth is earning money as a business,then it becomes something that is not intended to be exempt. Council President Wilson referred to the old Code language,which listed examples of what would be allowed; 18.785.020,Types of Temporary Uses,A, Seasonal or special event. Those uses that follow(listed) implies to him that there would only be six types of uses possible. He said he does not think we want to be that broad. Mayor Dirksen asked Council President Wilson if he wanted the exceptions to be limited to those six uses? Council President Wilson said he was not sure what would prevent any kind of profitable outdoor business,which operates April through October. Council President Wilson said he is concerned that Paragraph A in 18.785.020,by listing examples of the types of uses to fall under the seasonal or special event permit would mean that almost any use would be allowed. In response to a question from Associate Planner Pagenstecher,Council President Wilson responded that it would be a problem because it would allow almost anything to operate April through October,and circumvent parking rules,etc. Associate Planner Pagenstecher agreed that this would be the case. He said the purpose of the Development Code Amendment was to provide for an additional use that was not listed. Council President Wilson referred to the City Council workshop discussion on this subject. The City Council raised the concern in that they did not want a"permanent garage sale, flea market on 99,and it appears to me that that,under these rules,would be allowed." City Attorney Hall referred to language in Exhibit A: 18.785.040 Approval Criteria. One of the approval criteria is that the use is limited to 30 consecutive days once a year. Another criteria addresses the parking concern: There will be no parking utilized by the customers and employees of the Temporary Use which is needed by the property owner to meet...the parking requirement. Council President Wilson pointed out that the above limitations apply to those uses except if the use falls under seasonal markets in Paragraph 6. Associate Planner Pagenstecher said he thought the temporary use for a seasonal or special event is like a"holding basket" for a type of use. There are four temporary uses in the chapter. With regard to the seasonal market,it will be very limited by the approval criteria in Paragraph 6. Associate Planner Pagenstecher said he did not understand this amendment would be used to address the Code to address temporary uses in general. What is before the City Council this evening addresses seasonal markets and they have been specifically limited in the approval criteria. Councilor Buehner noted she agreed with Council President Wilson that this needs to be tightened up to be specific and exclusive. She said the City Council needs to give staff dear,delineated structure. 8:03:40 PM Assistant Community Development Director Harnett acknowledged that she has not been comfortable with the Temporary Use Chapter as a whole. She said staff was attempting to achieve what they understood was the City Council direction,which was to add the opportunity for an outdoor market for TIGARD CITY COUNCIL- FEBRUARY 23, 2010 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 6 of 10 • • the primary purpose of selling fresh produce,plants,etc. She said that,through the approval criteria,we are limiting the kinds of temporary,seasonal markets that can be approved. She said she did not disagree that there are a number of places throughout the Code where the current lists of examples are not in our best interests for a dean,tight Code. These types of changes would require major review and rewriting. Assistant Community Development Director Harnett said she understood there was a desire to get the amendment in place to address the opportunity for a seasonal outdoor market in the coming season. With regard to the issues raised above,she said she does not think these are simple work fixes; rather,these would be structural changes. She suggested they might be able add text within the approval criteria to try to strengthen the language. 7:56:57 PM City Attorney Ramis arrived and sat in the audience. Councilor Henderson,in response to a question from Council President Wilson,advised the Tigard Farmers Market is open May to October. Council President Wilson said he thinks the Code language needs a lot of work. Assistant Community Development Director Harnett referred to an issue concerning a temporary use that occurred during the Christmas holiday season. Staff was aware that this chapter needs to be revisited. The City Manager asked staff to address this before the next holiday season. Staff is planning to indude this Code language review within their current work program. 8:07:22 PM Council President Wilson referred to the six types of temporary uses listed that would allow the particular uses the City is wanting to allow. Assistant Community Development Director Harnett said, "Yes,it will get you where you want to be, for now. Does it leave the door open for other things? Possibly." Council President Wilson suggested that rather than use examples,we identify the six types of uses allowed under this type of permit. In response to a question from Associate Planner Pagenstecher, Council President Wilson said he is concerned about certain types of uses that are for profit,cheaply done,and undesirable for the corridor. Discussion followed on how the existing Code language could be easily"gotten around." 8:10:05 PM Mayor Dirksen said the scope of the matter given to staff was to look at how changes could be made to the existing chapter to allow seasonal markets. He said he understands Council President Wilson's concern;however,he said he was not sure if the language should be restrictive thereby limiting the creativity of individuals. He said the concerns raised,in his opinion,should not be used to prevent the City Council from doing tonight what"we set out to do to allow the seasonal markets to take place. If we need to go back and review this entire chapter for its appropriateness,that is something we could do,but that is not within the scope of what we are looking at tonight." 8:11:11 PM Councilor Buehner said she is concerned that we make sure that we've made arrangements for the Farmers Market. She suggested that as a temporary measure, that the City Council change the language to say"the uses include..." TIGARD CITY COUNCIL- FEBRUARY 23, 2010 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 7 of 10 • • 8:11:37 PM Mayor Dirksen,in response to Councilor Buehner's remark above suggested the following wording amendment in the last phrase of"18.786.020 Types of Temporary Uses—A.Seasonal or special event....E earrples-ofthis-These types of temporary uses include: ..." 8:11:47 PM Councilor Buehner agreed with Mayor Dirksen's suggestion above. She said,"...and then we can go back and have this long debate when they come back with the amendments to the entire Code." Councilor Webb and Mayor Dirksen said this was acceptable. Councilor Henderson said he would agree also and would like to see the ability to have more markets and private sales. Associate Planner Pagenstecher,in response to a statement by Councilor Henderson,clarified that the Farmers Market would have to obtain a permit;however,they would not have to pay for the application because they are non-profit organization. Previously there was no permit available for this type of use. It will be a Type I review,which is approved by staff(10-day review period). Associate Planner Pagenstecher referred to the criteria(18.785.040A.6) for a Farmers Market,which were designed to limit the impacts to adjacent neighbors,promote safety,and assure that the public welfare components are met. Councilor Henderson said he thought staff did a good job. 8:14:12 PM Mayor Dirksen said that these types of public markets are important to a community such as the City of Tigard. It allows for the creation of true community and opportunities for events where citizens can gather to share. To be able to adjust the Code to allow this already accepted market within our community is a good thing to do. 8:15:08 PM e. Public testimony: None. 8:15:34 PM f. Mayor Dirksen dosed the public hearing. g. Council Consideration: Ordinance No. 10-05 Mayor Dirksen noted that as City Council is considering this item to keep in mind the revision made to 18.785.020A. Motion by Councilor Buehner,seconded by Councilor Webb,to adopt Ordinance No. 10-05 as amended in Section 18.785.020A. Mayor Dirksen darified that the change would be to strike the reference to examples and the phrase would read: These types of temporary uses include: City Attorney Hall confirmed the above motion was adequate to amend the language to the proposed ordinance as cited. TIGARD CITY COUNCIL- FEBRUARY 23, 2010 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 8 of 10 S ORDINANCE NO. 10-05—AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.785,TO ALLOW SEASONAL MARKETS BY CHARTERED PUBLIC SERVICE/NON-PROFIT ORGANIZATIONS IN THE C-G AND MU- . CBD ZONES FROM APRIL TO OCTOBER SUBJECT TO TIGARD COMMUNITY DEVELOPMENT CODE STANDARDS (DCA2009-00004),AS AMENDED. 8:17:15 PM The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Yes Councilor Webb Yes Councilor Henderson asked about the procedure for the review of this section of the Code. Mayor Dirksen advised that as a Council,they just needed to direct staff,through the City Manager,to block out time in the future for a review of this chapter. There was a consensus of City Council that this matter be added to the staff's work schedule. 6. COUNCIL LIAISON REPORTS Councilor Buehner acknowledged the presence of high school students attending in the audience. Mayor Dirksen asked the students if they had any questions they would like to ask City Council. There were no questions. City Manager Prosser announced the March 9 and March 16 meetings of City Council are cancelled. The next City Council meeting will be March 23. There will be a special City Council workshop on March 30. Councilor Henderson reminded the City Council that Frontier will be taking over Verizon in about June or July. We will have a 60-day notice before this is finalized. Councilor Buehner advised that the Intergovernmental Water Board (IWB) has completed the rewrite of the Intergovernmental Agreement regarding the Water District. The IWB will be finalizing its review at the next meeting and then it will go to the respective Board members' jurisdictions legal counsel for review. She anticipates this will be before the Tigard City Council in May. 7. NON AGENDA ITEMS: None. 8. EXECUTIVE SESSION: Not held 9. ADJOURNMENT 8:21:14 PM Motion by Council President Wilson,seconded by Councilor Webb to adjourn the meeting. The motion was approved by a unanimous vote of City Council present. TIGARD CITY COUNCIL- FEBRUARY 23, 2010 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 9 of 10 I • Patty Lunsford From: Carol Krager Sent: Thursday, February 25, 2010 3:05 PM To: Patty Lunsford Subject: RE: 2/23/10 Public Hearing Information Request Attachments: 100223 Testimony Sign-up Sheets for Agenda Item 4.pdf No one spoke or sent in written testimony for DCA2009-00004/Seasonal Outdoor Sales. There was no written testimony for DCA2009-00006/Electronic Message Centers but two people signed up and spoke. A copy of the sign-in sheet is attached. Let me know if you need anything else. From: Patty Lunsford Sent: Thursday, February 25, 2010 1:19 PM To: Cathy Wheatley; Carol Krager Subject: 2/23/10 Public Hearing Information Request Will you please provide me with the following information from the 2/23/10 public hearing for DCA2009- 00006/Electronic Message Centers and for DCA2009-00004/Seasonal Outdoor Sales. • Copies of the sign-in sheets • Copies of any written testimony • Names &Addresses of anyone that spoke that didn't sign in. I will need this information by Monday in order to meet the notification deadline. Thank you in advance! Patty Lunsford Lny ing .Assistant City of Tigard/Current Planning 503.718.2438/patty @tigard-or.gov • DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 1 �. City of Tigard TIGARD Tigard Business Meeting - Agenda TIGARD CITY COUNCIL MEETING DATE: February 23, 2010 — 6:30 p.m. Study Session; 7:30 p.m. Business Meeting 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'DD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA 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. TIGARD CITY COUNCIL/LCRB AGENDA— FEBRUARY 23, 2010 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 4 • 4 II u : City of Tigard TIGARD TI and Business Meeting - Agenda g g TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) CITY CENTER DEVELOPMENT AGENCY(CCDA) MEETING DATE/TIME: February 23, 2010 — 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard —Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM o STUDY SESSION o Review of FY 2010-11 Community Event Funding Requests —Finance and Information Services Department o Administrative Items • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session for consultation with counsel concerning legal tights and duties regarding current litigation or litigation likely to be filed,under ORS 192.660(2) (h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order- City Council&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. CITIZEN COMMUNICATION (Two Minutes or Less,Please) • Follow-up to Previous Citizen Communication • Citizen Communications Sign Up Sheet TIGARD CITY COUNCIL— FEBRUARY 23, 2010 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of4 • • • 7:40 PM 3. CONSENT AGENDA: (Tigard City Council) 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: '3.1 Approve City Council Meeting Minutes for November 17 . 3.2 Notice of Need to Form an Ad Hoc Trails Master Plan Citizen Advisory Committee - Resolution No. 10- Consent Agenda-Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/City Center Development Agency has voted on those items which do not need discussion. 7:45 PM 4. LEGISLATIVE PUBLIC HEARING — CONSIDER A CODE AMENDMENT TO ALLOW AN F.T.ECTRONIC MESSAGE CENTER AT A SCHOOL THAT FRONTS AN ARTERIAL STREET (DCA2009-00006) a. Open Public Hearing b. Summation by Community Development Department c. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: Ordinance No. 10- 8:05 PM 5. LEGISLATIVE PUBLIC HEARING—CONSIDER PLANNING COMMISSION RECOMMENDATION TO AMEND THE TIGARD DEVELOPMENT CODE'TEMPORARY USE CHAPTER(18.785)TO ALLOW SEASONAL MARKETS (DCA2009-00004) a. Open Public Hearing b. Summation by Public Works Department c. Public Testimony d. Staff Recommendation e. Council Discussion 1. Close Public Hearing g. Council Consideration: Ordinance No. 10- 8:30 PM 6. COUNCIL LIAISON REPORTS TIGARD CITY COUNCIL- FEBRUARY 23, 2010 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 • 7. NON AGENDA ITEMS 8. EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 8:40 PM 9. ADJOURNMENT I:\ADM\CATHY\CCA\20 10\100223.doc TIGARD CITY COUNCIL- FEBRUARY 23, 2010 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 • • Agenda Item# Meeting Date February 23,2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider Planning Commission recommendation to amend the Tigard Development Code Temporary Use Chapter (18.785) to allow seasonal markets (DCA2009-00004). Prepared By: Gary Pagenstecher Dept Head Approval: ffii-**. Ci ty Mgr Approval: 4.) ISSUE BEFORE THE COUNCIL Should the Council adopt an ordinance approving a development code amendment to expand opportunities for chartered public service/non-profit organizations to hold seasonal markets in the General Commercial (C-G) and Mixed Use Central Business (MU-CBD) Zoning Districts? STAFF RECOMMENDATION Staff recommends the Council consider the Planning Commission's recommendation to approve the proposed code amendment (Exhibit A) and adopt the proposed ordinance (Attachment 1) providing for seasonal markets as a temporary use. KEY FACTS AND INFORMATION SUMMARY Earlier this year, the Tigard Grange proposed a seasonal outdoor sales use at its property on Highway 99W to occur on the weekends through late spring to early fall. This was proposed as a "farmer's market" type of activity. The purpose was to raise funds to repair the Grange building and support the organization's activities. However, the Community Development Code does not.allow seasonal or special events of the duration (in excess of 30 days) proposed by the Grange. Instead, staff had to consider the request as an outdoor commercial use, which would require substantial and expensive site improvements. The Grange felt this was disproportionate with the intensity of the use proposed. On July 21, 2009, City Council held a Workshop meeting to discuss the initiation of the code amendment to expand opportunities for outdoor sales events by public benefit/community service organizations. Councilors acknowledged the code currently does not address temporary seasonal markets sufficiently and mentioned specific issues that should be addressed upon expansion of the use including parking,visual clearance, neighborhood impact and prohibition of flea markets and garage sales. Council directed staff to take the issue to the Planning Commission and return with a recommendation. (Attachment 6) At the October 19, 2009 Planning Commission hearing, the Commission discussed the proposal and a staff report to-the-Planning Commission dated October 9, 2009 (Attachment 5) and received testimony from Phil Yount of the Tigard Grange and Stan Baumhofer of the Tigard Area Farmers Market. Mr. Yount was generally in favor of the proposed code amendments but worried that the approval criteria would require specialized findings and the need to pay for consultant services. Mr. Baumhofer expressed concern that the proposed code amendment included regulations which could stifle new business development. In addition, Commissioners raised several issues in response to the proposed code amendment including qualifying the type of organization, duration of the seasonal use,less onerous and more user-friendly approval criteria, and a call out for hours of operation. (Attachment 4) • • At the January 4, 2010 Planning Commission hearing, the Commission discussed the revised development code amendment (Attachment 3). With minor amendments for clarity, the Commission agreed, by a vote of 9-0 in favor, to recommend approval to the City Council (Attachment 2). OTHER ALTERNATIVES CONSIDERED Council has the option to: • Not accept the Commission's recommendation and table the matter; • Remand the issue back to the Commission for additional work;or • Modify the Commission's recommendation. CITY COUNCIL GOALS The proposed code amendment does not directly relate to City Council's 2009 or Five Year Goals. However, an amended development code providing for farmers' markets would help implement the City's Comprehensive Plan economic development goals: Goal 9.1, Develop and maintain a strong, diversified, and sustainable local economy; and Goal 9.3, Make Tigard a prosperous and desirable place to live and do business. In addition, Comprehensive Plan Goal 15.2, Facilitate the development of an urban village, includes the recommended action measure to provide areas in the downtown where community events, farmers' markets, festivals and cultural activities can be held. ATTACHMENT LIST Attachment 1: Ordinance Exhibit A: Proposed Code Amendments Attachment 2: Planning Commission Meeting Minutes for January 4, 2010 Attachment 3: Staff Memo to the Planning Commission dated December 28, 2009 Attachment 4: Planning Commission Meeting Minutes for October 19, 2009 Attachment 5: Staff Report to the Planning Commission dated October 9, 2009 Attachment 6: Council Workshop Meeting Minutes for July 21, 2009 FISCAL NOTES There is no fiscal impact for this action. Non-profit organizations are exempt from the temporary use application fee of$304.00. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 10- AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.785, TO ALLOW SEASONAL MARKETS BY CHARTERED PUBLIC SERVICE/NON-PROFIT ORGANIZATIONS IN THE C-G AND MU-CBD ZONES FROM APRIL TO OCTOBER SUBJECT TO TIGARD COMMUNITY DEVELOPMENT CODE STANDARDS (DCA2009-00004). WHEREAS, the Community Development Director, with direction from the Tigard City Council, initiated the proposed code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by chartered public service/non-profit organizations; and WHEREAS, the proposed code amendment substantively amends the text of Chapter 18.785, Temporary Uses, by providing explicitly for "seasonal markets" as a type of Seasonal or Special Event and by providing specific approval criteria governing time, place, and manner; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first evidentiary public hearing; and WHEREAS, the Tigard Planning Commission held public hearings on October 19, 2009 and January 4, 2010 and recommended Council approve the proposed code amendment, as amended by it, with a 9-0 vote; WHEREAS, notice of the public hearings was published in the Tigard Times and the Oregonian Newspapers at least 10 business days prior to the public hearings; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies;and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the applicable review criteria: Community Development Code Chapters 18.380;18.390 and 18.520; Comprehensive Plan Goal 1, Public Involvement; Goal 2,Land Use Planning; Goals 9.2.1 and 9.3, Economic Development; Goal 15.2, Special Planning Area- Downtown;and Statewide Planning Goals 1, 2 and 9. WHEREAS, the Tigard City Council held a public hearing on February 23, 2010, to consider the proposed amendment; and WHEREAS, the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. ORDINANCE No. 10- Page 1 NOW, THEREFORE, THE TY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: The findings in the October 9, 2009 Staff Report to the Planning Commission and the Minutes of the October 19, 2009 and January 4, 2010 Planning Commission hearings are hereby adopted in explanation of the Council's decision. 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. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2010. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2010. Craig Dirksen,Mayor Approved as to form: City Attorney Date ORDINANCE No. 10- Page2 • • EXHIBIT A • D CA20.09=000.04 CODE:AMENDMENT Explanation of Formatting : _ . This text:aniendment employs:the:following:formatting: [B'old/UnderliriedJ. .Text to.be.added - r.. [Bold`/Double= Jriderline] .—Text tliat_will.be:underlined upon codification { ugh] -Text to be`removed, Chapter 18.785 TEMPORARY USES Sections: 18.785.010 Purpose 18.785.020 Types of Temporary Uses 18.785.030 Approval Process 18.785.040 Approval Criteria 18.785.050 Application Submission Requirements 18.785.010 Purpose A. Purpose. The purpose of this chapter is to establish standards for the approval of three types of temporary use: 1. Use that is seasonal or directed toward a specific event; 2. Use which is occasioned by an unforeseen event;and 3. Sales offices and model homes in conjunction with the sale of homes. B. Disclaimer. This chapter is not intended to be a way to circumvent the strict application of the use districts. Therefore, time limits are to be strictly enforced. This chapter •- - : - . . : : • _ -; 3alc3. C. Exemptions. This chapter does not apply to 1,1 seasonal and special events conducted exclusively by and totally for the benefit of a Tigard-based nonprofit organization. 2) garage sales, or temporary construction offices in conjunction with the initial development of residential, commercial or industrial property (three or more dwelling units or lots). 18.785.020 Types of Temporary Uses A. Seasonal or special event. This type of temporary use is a use which by its nature will last less than one year. Examples of this type of use are those associated with the sale of goods for a specific holiday, activity or celebration, uses associated with construction, or seasonal use. This type of use does not apply to businesses seeking a temporary or interim location. Examples of this type of temporary use include: 1. Use associated with the celebration of a specific holiday such as the sale of Christmas trees and fireworks; 2. Use associated with the sale of fresh fruits, produce, and flowers, including seasonal markets by a chartered public service/non-profit organization which may offer additional products and SEASONAL OUTDOOR SALES REVISED DEVELOPMENT CODE AMENDMENT DCA2009-00004 1/5/2010 PUBLIC HEARING PAGE 1 OF 3 • 410 • services as provided in the organization's "market rules and policies" such as landscaping plants, prepared food, animal products, and art/handcrafts assembled by the vendor; 3. Use associated with festivals or celebrations or special events; 4. Seasonal activities such as the sale of food at sports events or activities; 5. Use associated with construction such as the storage of equipment during the construction of roads or development, but not a temporary sales office or model home as provided by Section 18.785;and 6. Temporary fund raising and other civic activities in commercial zoning districts. 18.785.030 Approval Process A. Procedure type. Approval of various temporary uses shall be processed as follows: 1. Seasonal or special event: by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Section 18.785.040A; 2. Unforeseen/emergency situations: by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Sections 18.785.040B; 3. Temporary sales office/model home: by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria in Sections 18.785.040C; 4. Temporary building in commercial and industrial zones: by means of a Type I procedure, as governed by Section 18.390.040,using approval criteria in Sections 18.785.040D. B. Effective ADD I . •eriod. An approval for a temporary use by the Director shall be effective valid for a period of one year unless otherwise stipulated by the approval. C. Lapsing of approval. An approval for the temporary use by the Director shall lapse if: 1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period; and 2. Construction or activity on the site is a departure from the-approved p -n: • D. Renewal of approval. A temporary use approval may be renewed once by the Director for a period not to exceed one year. Approval for a seasonal or special event use may be renewed on an annual basis in the same manner as if it were an original application. Notice of the decision shall be provided to the applicant. E. Renewal for temporary residential sales office/model homes. A permit for temporary sales offices and model homes may be renewed on an annual basis in the same manner as if it were an original application as long as 50% or less of the total number of dwelling units have been issued occupancy permits. 18.785.040 Approval Criteria A. Seasonal and special events. Using a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions or deny based on findings that all of the following criteria are satisfied: 1. The use occurs only once in a calendar year and for no longer a period than 30 consecutive days, except as provided in paragraph 6. SEASONAL OUTDOOR SALES REVISED DEVELOPMENT CODE AMENDMENT DCA2009-00004 1/5/2010 PUBLIC HEARING PAGE 2 OF 3 • • 2. The use is permitted in the underlying zoning district. 3. The applicant has proof of the property-owner's permission to place the use on his/her property; 4. There will be no parking utilized by the customers and employees of the temporary use which is needed by the property owner to meet his/her minimum parking requirement, as governed by Chapter 18.765, Parking and Loading. 5. The use will provide adequate vision clearance, as governed by Chapter 18.795, Vision Clearance, and shall not obstruct pedestrian access on public rights-of-way. 6. Seasonal markets are permitted in the C-G and MU-CBD zones and may operate from April through October. The applicant shall provide. "market rules and policies" for City approval, which are consistent with the seasonal market use description in 18.785.020.A.2 and will be observed for the duration of the permit. Market rules and policies shall include hours of operation, location, product guidelines, vendor obligations, vehicle loading/unloading, and any other applicable policies guiding the operation of the.market. The City may also consider the following criteria: a. Provide documentation demonstrating adequate and safe ingress and egress exist when combined with the other uses of the property, consistent with applicable standards of Chapter 18.705,Access, Egress and Circulation b. Provide documentation demonstrating_the use will not create a traffic hazard, including coordination with ODOT if applicable; c. Provide documentation that the use will not create adverse off-site impacts related to noise, odors, vibrations, glare or lights that would be greater than otherwise allowed by uses permitted outright in the zone; and d. Signs are allowed as permitted in Chapter 18.780, however, the permitted period for temporary signs may be approved to correspond to the duration of the permitted seasonal market use. 18.785.050 Application Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type I, depending on the type of temporary use for which the approval is sought. B. Additional information. In addition to the information described in Subsection A above, the applicant shall provide a site plan, narrative and other information as specified in a detailed hand-out provided by the Director. C. Emergency situations. The Director may waive any of the requirements in this chapter or request additional information in accordance with Chapter 18.390 for cases which involve destruction of an existing structure due to fire, natural causes, or other circumstances that are beyond the control of the applicant. An emergency as allowed by this subsection shall not include failure by the applicant to submit a temporary use request as provided in this Chapters SEASONAL OUTDOOR SALES REVISED DEVELOPMENT CODE AMENDMENT DCA2009-00004 1/5/2010 PUBLIC HEARING PAGE 3 OF 3 ATTACHMENT 2- . • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes January 4, 2010 1. CALL TO ORDER Vice President Walsh called the meeting to order at 7:01 pm. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Present: Commissioners Anderson (came in slightly later than roll call), Caffall, Doherty, Fishel, Gaschke, Hasman,Muldoon, Vermilyea, and Walsh; Alternate Commissioners Schmidt& Shavey Absent: None Staff Present: Ron Bunch, Community Development Director; Dick Bewersdorff, Planning Manager; Gary Pagenstecher, Associate Planner;John Floyd, Associate Planner; Doreen Laughlin, Sr. Administrative Specialist 3. COMMUNICATIONS Dick Bewersdorff, Planning Manager,introduced the new planning commissioner and alternates, Tim Gaschke, Don Schmidt, and Richard Shavey. 4. CONSIDER MEETING MINUTES 12-07-09 Meeting Minutes: Vice President Walsh asked if there were any additions, deletions, or corrections to the minutes - taking into account a small correction that had been phoned in earlier correcting the date on page 2, second sentence, to 1-4-10. Walsh then declared the minutes approved. Walsh moved on to the work session and elections. 5. WORK SESSION - ELECTIONS Walsh opened up the floor to nominations. [The former president of the Commission left in December after serving 8 years as a Commissioner. This left the balance of that position (1 year—to end 1-1-11) open]. Commissioner Vermilyea moved to nominate Commissioner David Walsh as President. The motion was seconded by Commissioner Hasman. There were I:\CURPLN\Gary\Development Code Amendment\DCA2009-00004(Seasonal Outdoor Sales_Farmers Market)\Council Packet 2-23-10\1-4-10 Planning Commission Minutes.doc Page 1 of 7 • • no other nominations. There was a verbal vote, and Commissioner Walsh was elected to the office of Planning Commission President. Commissioner Hasman moved to nominate Commissioner Vermilyea for the office of Vice President. The motion was seconded by Commissioner Caffall. Commissioner Walsh nominated Commissioner Muldoon. There was no second. There was a secret ballot with Commissioner Vermilyea getting the majority of votes and thus being elected. President Walsh opened up the public hearing. 6. PUBLIC HEARING 6.1 DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004. SEASONAL OUTDOOR SALES CODE AMENDMENT — Cont'd from 12-07-09 STAFF REPORT Gary Pagenstecher, Associate Planner, gave the staff report on behalf of Staff. [Staff reports are available one week before each scheduled meeting.] Pagenstecher noted that this matter had been continued from 10-19-09, to 11-2-09, to 12-7-09, to this date. He gave a brief background on what had been said at the previous meetings. He acknowledged the presence of a gentleman from the Tigard Grange named Phil Yount who had participated in the meeting on 10/19. Pagenstecher said that at previous meetings Phil Yount (representing the Tigard Grange) and Stan Baumhofer (representing the Tigard Area Farmer's Market) had raised several issues in response to the proposed code amendments. In addition, Commissioners had raised several issues in response to the proposed amendments, including qualifying the type of organization, duration of the seasonal use, less onerous and more user- friendly approval criteria, and a call out for hours of operation. These issues were addressed in the staff analysis portion of the memorandum Pagenstecher wrote to the Planning Commission dated 12-28-09, and reflected in the revised Development Code Amendment. Pagenstecher went over the code sections that had been revised (18.785.020 — "Types of Temporary Uses"; and 18.785.040 "Approval Criteria") and noted that the other sections addressed in the October 9, 2009 staff report remained unchanged. After reviewing the changes noted on the memorandum, Pagenstecher said staff is asking the Planning Commission to recommend this Development Code Amendment to the City Council. At this point, Pagenstecher asked if the commissioners had any questions of staff. • I:\CURPLN\Gary\Development Code Amendment\DCA2009-00004(Seasonal Outdoor Sales_Farmers Market)\Council Packet 2-23-10\1-4-10 Planning Commission Minutes.doc Page 2 of 7 • • QUESTIONS FROM COMMISSIONERS OF STAFF I have a concern regarding the time references — there are multiple references where it says less than one year as opposed to 7 months — and other places where time references aren't universally applicable. Did you review this for consistency for time references? The chapter "temporary uses"covers a number of uses. We have clarified and added `Seasonal Market"section here and the duration relates specifically to that use. I understand your definition of"seasonal" is 30 days? bell, the seasonal market is one type of season. I suggest we change the language of 18.785.040 A.1. to say "except as provided in paragraph 6. Commissioner Vermilyea said "it appears the intent of the language is to be very flexible for the applicant—in that there is no definition of what "documentation" is in 6b. Also in saying you must provide some form of market rules and policies that contain at least these items. My suggestion would be to put A in the body of 6, making it a mandatory requirement and change it to say something like "The applicant shall provide... etc." This last sentence says the City may consider the following additional approval criteria for seasonal markets. I think, in my mind, there are pretty significant differences between those rules and policies and what other issues may arise depending on a given market. I think there needs to be kind of a structural adjustment. One way to do it would be to move A up —make it #6, and make everything else #7 — another way would be to move the body of A up and put it in as the 2nd sentence in #6 and then have B become A, and C become B, etc. etc. But one of those two things I think we ought to do because we need to distinguish between A and the rest in this list. There were more ideas discussed about how to go about changing the verbiage; and then the questions continued. My question revolves around two terms that are used. One in 17.785.020 sub A2 "chartered public service/non-profit organization etc." - the word "charter" — that word makes me uncomfortable because it's not really defined anywhere. I deal with non-profits and am not aware of what a "charter non-profit" is. If we're going to use that word, I'd like to see it defined. Secondly, the word in 18.785.040 6.B, C, & D - "documentation" - what kind of documentation does staff intend when you use that term rather than the specific kinds of reports that you're talking about. What sorts of documentation would a party use to satisfy these criteria? Could you please speak to these? Pagenstecher answered `Possibly some mitigation plan, a sketch,fairly simple, a written plan, in some situations these could be sufficient. It all depends on the circumstances— the simpler the circumstance, the simpler the documentation can be. " I:\CURPLN\Gary\Development Code Amendment\DCA2009-00004(Seasonal Outdoor Sales_Farmers Market)\Council Packet 2-23-10\1-4-10 Planning Commission Minutes.doc Page 3 of 7 • • Pagenstecher went on to speak about the definition of charter— `a document outlining the principals functions and organizations of the corporate body"- a constitution, again,just a very basic thing. It is a simple statement of the purpose of the group."So you're not intending that an organisation be...for example... licensed with the state as corporate entity as a state charter/non- profit necessarily? They could be a Girl Scout troop, or some other organisation that may not have all the formal documents in place. Yes— that's right. Conceivably getting a tax filing status costs money and effort that the group wouldn't want to front and typically it's a hurdle to get that although groups like it because it can fundraise if they do get that but in this case, it's theoretical We don't really know who's going to `come out of the woodwork"to want a market. Rzght now were just throwing out an `all corners welcome"— "try this out ifyou can meet these standards"and we can't presume who those groups are going to be. It's as wide as possible." One of the commissioners summarized "So, for example,what you're looking for is an organization that has a constitution, a charter, but they are not be through the "State of Oregon." So you're looking at groups that would be organized, have a charter, have a purpose, that kind of thing. Is that the purpose behind the language?" Yes. PUBLIC TESTIMONY—IN FAVOR: Phil Yount, 11222 SW Cottonwood Lane, Tigard, manager for Tigard Grange had what he said was a really basic question. "It seems as if the Tigard Grange is exempted from all this in 18.785.010 C "Exemptions" —the first one says "seasonal and special events conducted by and totally for the benefit of a Tigard-based nonprofit organization." If we're exempted... does any of this apply to us? The word "totally" makes the grange non-exempt. Pagenstecher: Can you clarify how this would work?Yount: "The Tigard Grange would ask members (or non-members) to rent a little space from us and we'd get a share of their profits from whatever stuff they sell. We'd use that as a fundraiser. Pagenstecher: So, in that case, I'm thinking you would not be exempt. You would have vendors who would profit _ also. Yount:"Oh- because of the word "totally"... "totally for the benefit of..." that would explain it. Some of the commissioners thought this language might be a bit confusing to others as well and thought it would be best in 18.785.010 C to drop the word "totally" out and add the words "exclusively by and for." PUBLIC TESTIMONY— OPPOSED: None. PUBLIC TESTIMONY CLOSED DELIBERATIONS I:\CURPLN\Gary\Development Code Amendment\DCA2009-00004(Seasonal Outdoor Sales_Farmers Market)\Council Packet 2-23-10\1-4-10 Planning Commission Minutes.doc Page 4 of 7 • There were no further questions or deliberations and the following motion was made by Commissioner Muldoon, seconded by Commissioner Caffall: "I move to forward a recommendation of approval to City Council of application DCA 2009-00004 continued from Dec 7th 2009, and adoption of the findings and conditions of approval contained in the staff report and the deliberations tonight and based on the testimony tonight." "Do I need to itemize the differences?" Planning Commission Secretary Laughlin answered, "Yes, please." [The differences follow:] Under "18.785.010 — under Part C, "Exemptions," it would read "events conducted exclusively by and for," rather than the prior language. Under 18.785.040 — at the end of sentence A.1, it would have "except as provided in paragraph 6"; and under the same section "Part 6" we would move sub-par A up to the part of the main paragraph, second sentence, where it would say "the applicant shall provide" and then otherwise the remainder of the language in par-A would be the same and an additional sentence would say "The City may also consider the following criteria: and then B, C, D, & E would be labeled A thru D." The motion CARRIED on a recorded vote, the Commission voted as follows: AYES: Commissioner Anderson, Commissioner Caffall, Commissioner Doherty, Commissioner Fishel, Commissioner Gaschke, Commissioner Hasman, Commissioner Muldoon, Commissioner Vermilyea, and Commissioner Walsh (9) NAYS: None (0) _ ABSTAINERS: .. None (0).. ABSENT: None (0) Walsh stated that this would go to Council on February 9th. 7. STUDY SESSION Re Joint Meeting with Council Regarding Trees STAFF REPORT John Floyd, Associate Planner, introduced himself and gave the staff report on behalf of the City. [Staff reports are available to the public upon request one week in advance of any meeting.] Floyd said the purpose of this session is to help them prepare for the upcoming joint Council/Planning Commission meeting scheduled for January 19th. Walsh asked him I:\CURPLN\Gary\Development Code Amendment\DCA2009-00004(Seasonal Outdoor Sales_Farmers Market)\Council Packet 2-23-]0\1-4-10 Planning Commission Minutes.doc Page 5 of 7 ATTACHMENT 3 =f:- • City of Tigard Ag GA Memorandum To: Planning Commission From: Gary Pagenstecher Re: DCA2009-00004 Seasonal Outdoor Sales: Revised Development Code Amendment addressing testimony and Commissioner Comments from the October 19th Hearing Date: December 28, 2009 The City initiated the proposed code amendment to facilitate the Tigard Grange and other public benefit/service organizations such as the Tigard Area Farmers' Market to hold season-long events. The proposal substantively amends the text of Chapter 18.785, Temporary Uses, by providing,explicitly for "seasonal markets" as a type of Seasonal or Special Event and by providing specific approval criteria governing time,place, and manner. At the Planning Commission's October 19, 2009 hearing, the Commission received testimony from the Phil Yount of the Tigard Grange and Stan Baumhofer of the Tigard Area Farmers Market. Mr. Yount was generally in favor of the proposed code amendments but worried that the approval criteria would require specialized findings and the need to pay for consultant services. Mr. Baumhofer expressed concern that the proposed code amendments included regulations which could stifle new business development. In addition, Commissioners raised several issues in response to the proposed code amendments including qualifying the type of organization, duration of the seasonal use, less onerous and more user-friendly approval criteria, and a call out for hours of operation. These issues are addressed in the following analysis and reflected in the attached Revised Development Code Amendment. STAFF ANALYSIS The following code sections have been revised as discussed below, while the proposed amendments to other sections addressed in the October 9, 2009 Staff Report remain unchanged. 18.785.020 Types of Temporary Uses This section contains the new temporary use "seasonal markets by chartered public service/non-profit organizations." Commissioner's wanted to clarify staff's intention with respect to "chartered public service/non-profit organizations." Staff supports the proposed language as a means to make the seasonal market use available to a wide range of organizations and not just those that are non-profits registered with the State's Corporation Division. Some public service organizations, such as a flower guild or social club may not be legal non-profits but nevertheless have a charter outlining the principles, functions, and organization of the group. As Stan Baumhofer testified, the Tigard Area Farmers Market started out as a civic event. In addition, the dictionary definition of the terms provides sufficient detail to determine if an organization qualifies. 18.785.040 Approval Criteria A sixth approval criterion is proposed to establish the location, timing, and manner of the seasonal market use. This criterion provides a special term for seasonal markets of seven months to accommodate weekend or weekday markets. Originally proposed from May through October, the revised code amendment lengthens the period to include April as suggested by Mr. Yount. The period could be extended to a full year, as suggested by Mr. Baumhofer, to provide maximum flexibility. However,given the focus on seasonal markets for agricultural products, staff proposes the seven month period. Five additional approval criteria are listed (18.780.040.A.6.a-e), applicable to seasonal markets only. Commissioners expressed concern that some of these criteria may potentially be too onerous for non- profit organizations to meet for the ephemeral seasonal market use. The following changes are proposed for criteria a through c to make them less onerous under the proposed revised code amendment: a. The sponsoring organization's "market rules and policies" describe the operating procedures and product mix allowed in a seasonal market. The City will require this document at the time of application to ensure seasonal markets comply with the character of the seasonal temporary use type as described in Section 18.785.020.A.2. The revised code amendment additionally lists basic elements that should be included in the rules and policies,including the hours of operation. Seasonal markets would then be held to the terms of rules and policies as reviewed and approved by the City at the time of application. b. In demonstrating safe ingress and egress, "access plan" is replaced by "documentation" to allow the applicant more flexibility. The expectation of a formal "Plan" can otherwise be substantively addressed by findings, letters of concurrence, or other documentation. c. To address potential traffic hazards, "traffic study" is replaced by "documentation" and "ODOT review" is replaced by "coordination with ODOT." The expectation of a formal traffic study and review by ODOT can otherwise be substantively addressed through findings, consultation, or other available information. ATTACHMENT 4 • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes October 19,2009 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 Present: Commissioners Anderson, Caffall, Doherty, Fishel, Hasman, Inman, Muldoon, and Vermilyea Absent: Commissioner Walsh, Alternate Commissioner Gaschke Staff Present: Community Development Director Ron Bunch Assistant CD Director Susan Hartnett Planning Manager Dick Bewersdorff Downtown Redevelopment Manager Sean Farrelly Associate Planner Gary Pagenstecher Senior Administrative Specialist Doreen Laughlin 3. COMMUNICATIONS-none 4. CONSIDER MEETING MINUTES 10-05-09 Meeting Minutes: President Inman asked if there were any corrections, deletions, or additions to the minutes; there was one correction (Commissioner Doherty's name had inadvertently been misspelled), President Inman declared the minutes approved with the noted correction. 5 PUBLIC HEARINGS 5.1 DOWNTOWN TIGARD CODE AMENDMENTS COMPREHENSIVE PLAN AMENDMENT (CPA)2009-00003,DEVELOPMENT CODE AMENDMENT (DCA)2009- 00005,ZONING MAP AMENDMENT (ZON)2009-00001 L\LRPI.N\Doreen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 rninutcs.doc 1 • • 5.2 DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004. SEASONAL OUTDOOR SALES CODE AMENDMENT STAFF REPORT Associate Planner Gary Pagenstecher went over the staff report on behalf of the City. (Staff reports are available to the public one week before the scheduled meeting.) QUESTIONS OF STAFF & COMMENTS FROM COMMISSIONERS Is there a City goal of having a single "Tigard Farmer's Market?" Pagenstecher: The Comp Plan calls for Farmer's Markets Downtown.That's a goal expressed in the Comp Plan. I think in the staff report we find this language allowing for a Farmer's Market consistent with that goal. Do we have a specific plan to provide a certain area in City owned property? No. Bunch interjected that a city can provide a place/opportunity for a Farmer's Market. He said it's very rare for a city to be the actual sponsor of a Farmer's Market kind of activity. Cities throughout the state in our research and experience worked with the organizations that establish a charter (inaudible) Farmer's Market. It is a City goal to provide opportunities for Farmer's Markets who operate in a community. So what I'm hearing is it's possible for several Farmer's Markets could be operating in the City at the same time? This has me concerned - so on any Saturday and Sunday—are we talking about a Farmer's Market at the Grange, a Farmer's Market Downtown, and maybe a Farmer's Market someplace else within the confines of the City all at the same time? Bunch: This provides the opportunity for that to happen if the market will allow it to occur according to the specific criteria,yes. Commissioner Vermilyea said he had a technical question— [Re: Page 6 of 10—18.785.020]. What do you mean by the word"chatter"?: Is-that mearit-to be a licensed, registered; non-profit with the state corporation division—is that what the intent is there? Or is there some other charter that I'm not aware of? Is the City intending to issue a charter? No. So my suggestion then would be to put in language something along the lines of a public service or non-profit organization duly and properly licensed by the State of Oregon—or something along those lines because in order for a non-profit to operate legally in Oregon you have to register and file annual reports with the state corporations division. So something along those lines to me seems to be a more specific set of language than "charter". Commissioner Doherty —So, in other words,when you talk about charter your intent was an organization that has a charter, a by-laws, a constitution, that kind of thing? I:\LRPLN\Doreen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutes.doc 6 • Or was your intent that they had some recognition from the state? I really think that needs to be defined—I agree with Commissioner Vermilyea. Pagenstecher -We ran this by the City Attorneys and they had no problem with this language. Neither did they didn't suggest another language. They can be chartered public service—in other words by-laws and documents that they have this organization and operate under these rules, or they can be a non-profit organization. QUESTIONS OF APPLICANT TESTIMONY IN FAVOR: Phil Yount, 11222 Cottonwood Lane,Tigard—introduced himself as the "treasurer/janitor/rental manager" of the Tigard Grange. He's also a 17 year resident of the City of Tigard. He wanted to publically thank Ron Bunch and Gary Pagenstecher for their recognition of the problem confronting-the Tigard Grange last spring and summer when they wanted to implement a Farmer's Market activity on the Tigard Grange property and were not allowed to do so for longer than 30 days. When asked how the Tigard Farmer's Market could operate for longer than 30 days, he said they didn't really have an answer to that question—and thus, this meeting tonight. He said the Grange needs to have a way to earn funds to support the activities at the Grange. He hopes that the Planning Commission will see fit to recommend this to the City Council and they will end up passing it so that a year from now they can implement their Farmer's Market. He said he was concerned about one thing in the staff report. The one that says they will need to enumerate how they are satisfying all these different things,like visual access, parking, so on and so on. He said he's relatively confident they can do it but whether they can write it— they don't have writers and if they have to hire an attorney to write that application for them, that might be somewhat of a disadvantage... but they might just have to overcome it. He ended saying he encourages them to recommend this to the City Council. QUESTIONS OF YOUNT: What's your take on actually calling out specific months (such as May to October) as opposed to just giving a specific duration of time? We would probably be happier if it said "April to October" but I'm satisfied with May to October.That would fulfill all the requirements that we currently have. We have a strawberry vendor that works within the 30 day requirement.We also have a Christmas tree vendor that works within the 30 day requirement. If we could have the six months— seven would be better—but I don't think that's a critical need. Do you have concerns with dealing with traffic that might be coming in and out of the grange during the market on Hwy 99?No—because we have entrance and egress as it stands and we have to deal with that during the Christmas tree season and the strawberry vending season as it is and haven't had any particular complaints about that. I:\I.RPLN\Doreen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutcs.doc 7 • TESTIMONY AGAINST Mr. Stan Baumhofer,PO Box 230421,Tigard 97281,President of the Tigard Area Farmers Market at 12950 SW Pacific Hwy, said he signed up as "against" the proposals, not so much that he's against anything that is proposed in the current code,but more the concept is that the more regulations you provide, the less chance a new business has of starting. His testimony is as follows: We have no objection to the grange having a market or any other body— so far as we're concerned—the more the better. Like a gas station on 4 corners. Some of the things being considered should include a definition of what a Farmer's Market is. To make it easier on staff so that if someone comes to the counter,there should probably be a definition of what's a "bazaar," and what's a "food cart",what's a "Farmer's Market," what's a"garage sale" — so there's a definition as to where this potential applicant falls into your codes here. Also— considering whether it's a business for profit or a business not for profit. We started ours as a civic event and a venue for other non-profits to come at no charge by the market to display whatever they had--the Boy Scouts, the Chamber, the Red Cross Blood Drive, or the City itself,when it's promoting an issue,we're glad to have you there at no charge—cause that's what we're all about. We're run by volunteers —we do hire a manager for the actual market— I'd like to introduce Pat Benson here. She is our Market Manager. Whether the organization is a profit or non-profit should be of some concern. If Landmark Ford came in and said they wanted to have a market in their parking lot on Saturdays - that might be a separate concern or issue as to whether in comparison to a non-profit such as ourselves who are here for a civic purpose. We are registered with the Oregon Corporation Commission as a tax-paying corporation and we file a tax return every year. If we were to get to specific issues here I have a couple points. Specifically: the code exempts markets and yet you're trying to put allowances for temporary uses. If you want to talk about a tirneframe in the context of running a market, I think it should say something like "less than a year." That way you don't have to worry about it being May 10t1!or May 12th or May 20th or something that specific. So you say less than a year—are you expecting us to come in every year and pay a new fee each time we renew our license? Is this code intended just to generate some more revenue for the City and therefore run up the expense of he Market itse ._. " ..._-..ting the type of products to be sold is another can of worms because—where do you stop— or where do you start on the different types of items to be sold. And if we do need approval every year,would you expect a fee from us?As to a new market starting and having to do a lot of studies... a "traffic study" —obviously we want to be concerned about the traffic but if you require so many studies—they're spending 4, 5, 7, 8,$10,000 just to go into business— they're never going to go into business. That is contrary to what I think the City should be doing. We've had over 75,000 people at our markets this summer—we compete with the Balloon Festival. Signage is an important thing for a market to succeed. What we would like to have is a permanent sign that says "This is the Home of the Tigard Area Farmer's Market" so 1:\LRPLN\Doreen\PC\PC Packets for 2009\t0-19-09\tpc 10-19-09 minutes.doc 8 • people could contemplate 12 months of the year where we are and where we're going to appear when the market products come into vogue. QUESTIONS OF MR. BAUMHOFER With respect to the timeframe -is May to October as enumerated in the statute sufficient? Is it better to make it April to October as Mr. Haagen suggested, or is it best to make it a range of 6 months, or 7 months,in terms of how you're going to operate and when you're going to operate? That pretty much hinges on what your product is going to be. If you're going to sell something that's winter month oriented,you require during that time of year and that's why I say you can't guess correctly and fit all... one size doesn't fit all. We found that those six months from the middle of May to the end of October fits the kind of product that we are focusing on. That might not always be true for us or some other market. So are you suggesting that we change it to be a range of a number of months to give that kind of flexibility? With any 12 month period I think would be the flexibility that would work best. At this point,President Inman asked if anyone else was in the audience who wished to testify. There were none. QUESTIONS OF STAFF Regarding the criteria--they could tend to lean toward being onerous... such as letter"C," the traffic study. It could be a very expensive endeavor. That and "D," documentation that there is no adverse off-site impacts etc. How do you achieve that without paying consultants, and experts, and studies?I do see that, depending on how this is interpreted,you could end up spending thousands of dollars documenting something. Is there a way to soften the language so an applicant can address their plan and these concerns and then the planning director or somebody can require further documentation if they deem it necessary- to sort of allow somebody to "get in the door"? Pagenstecher: Not every site will have the same set of problems. It's entirely appropriate to attempt to make these standards achievable by non- profits who are doing something maybe once a week. I'd like a common sense approach—a less onerous approach. We need to take another look at these 5 criteria of 18.785.040 No. 6. And come up with a way to get to what you're talking about because I don't think the language that's in there now, gets there. Can you wordsmith this so that the goal is workable— allowing permitted uses for both of these entities? Yes—we can certainly do that. We have a few months until May to work this out. I:\LRPI.N\Doreen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutes.doc 9 • • President Inman asked for a general consensus from the Planning Commission. If I'm hearing this correctly, we'd like to go back and address these approval criteria, see if we can soften them up,get more of a sliding scale—something in there that's a little more potentially "user friendly." Is that correct? The Commission concurred. Commissioner Vermilyea added one thing that he wanted to be specific criteria—and that would be a call out for hours of operation. So the way it's written right now the modification is good for one year? So would they come in every year for a modification?Yes— they would renew it each year.What are the fees associated with that? Currently non-profits have no fees for renewal. PUBLIC HEARING CLOSED DELIBERATION The commission decided to continue this meeting and deliberations to November 2nd. 6. OTHER BUSINESS--None. 7. ADJOURNMENT President Inman adjourned the meeting at 8:50 pm. Doreen Laughlin,Planning Commi§Secretary dC&. ATTEST: President Jodie Inman I:\I RPIN\Dorcen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutes.doc 10 ATTACHMENT 5 • Agenda Item: J. CL Hearing Date: October 19,2009 Time: 7:00 PM -STAFF REPORT TO.THE II PLANNING COMMISSION a • FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY CASE NAME: SEASONAL OUTDOOR SALES CASE NO.: Development Code Amendment(DCA) DCA2009-00004 PROPOSAL: The City of Tigard requests approval for a development code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by public benefit/community service organizations. APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 ZONES: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use.A wide range of uses,including but not limited to adult entertainment, automotive equipment repair and storage, mini- warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations,are permitted conditionally. *CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district,centered on the City's historic downtown,including a mix of civic,retail and office uses. Single-family attached housing,at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of-uses;-including-but-not-limited-to"adult-'entertainment, utilities, facilities with drive-up windows,medical centers, major event entertainment and gasoline stations,are permitted conditionally. *Note: The CBD zone is scheduled to be enlarged and rezoned MU-CBD when the Council reviews and, if acceptable, approves the Downtown Code Amendments on December 8, 2009. Therefore, the proposed revision to the Temporary Use Chapter text which identifies the applicable zones for seasonal markets includes the new zone in anticipation of its adoption by Council(18.785.040.2,page 7). LOCATION: Land zoned General Commercial (C-G) and Mixed Use-Central Business District (MU- CBD). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goals 9.2.1 and 9.3, Economic Development; Goal 15.2, Special Planning Area- Downtown; and Statewide Planning Goals 1,2 and 9. SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 10 • • SECTION II. STAFF RECOMMENDATION ;Staff recommends that the Planning Commission find in favor of the proposed text amendment providing for. seasonal markets by public benefit/community service organizations,with any alterations as determined through the public hearing process,and make a final recommendation to the Tigard City Council. SECTION III. BACKGROUND INFORMATION Earlier this year, the Tigard Grange proposed a seasonal outdoor sales event at its property on Highway 99W to occur on the weekends through late spring to early fall. This was proposed as a "farmer's market" type of activity with vendors using Grange property in exchange for a fee.The purpose was to raise funds to repair the Grange building and support the organization's activities. However, the Community Development Code does not allow seasonal or special events of the duration (in excess of 30 days) proposed by the Grange nor did the proposal qualify as an exemption granted when seasonal events are conducted by and totally for the benefit of a Tigard-based nonprofit organization. Instead, staff had to consider the request as an outdoor commercial use, which would require substantial and expensive site improvements.The Grange felt this was disproportionate with the intensity of the use proposed. Therefore, in order to make it possible for the Grange and other public benefit/service organizations such as the Tigard Area Farmers Market to hold season-long events, the Director requested Council's approval to initiated a code amendment. On July 21, 2009, City Council held a Workshop meeting to discuss the initiation of the code amendment to expand opportunities for outdoor sales events by public benefit/community service organizations. Councilors acknowledged the code currently does not address temporary outdoor sales sufficiently and mentioned specific issues that should be addressed upon expansion of the use including parking, visual clearance, neighborhood impact and prohibition of flea markets and garage sales. Additionally, staff discussed a draft code amendment with representatives of the Tigard-Area Farmers' Market and Tigard Grange,whose comments have been addressed in this report. SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE. Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states that legislative zoning map and text, amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. The proposed text amendment would apply to all C-G and MU-CBD zoned lands within the City. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. Section 18.390.060.G establishes standard decision-making procedures for reviewing. Type IV applications.. 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 and conclusions are provided below for the five listed factors on which the recommendation by the Commission and the decision by the Council shall be based. SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OP 10 • • STATEWIDE PLANNING GOALS AND GUIDELINES 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. This goal has been met by complying with the Tigard Development Code'notice requirements set forth in Section 18.390. A notice was published in the Tigard Times newspaper prior to the hearing. After the Planning Commission public hearing, additional notice will be published prior to the City Council hearing. Two public hearings are held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Comprehensive Plan. As discussed within this report, the Development Code process and standards have been applied to the proposed amendment. Statewide Planning Goal 9—Economic Development: This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare, and prosperity of Oregon's citizens. The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Economic Development goal and policies is discussed later in this report. FINDING: Based on the analysis above and the applicable findings below,staff finds that the proposed text amendment is consistent with applicable Statewide Planning Goals. TIGARD COMPREHENSIVE PLAN Comprehensive Plan Goal 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. The City-has mailed notice of the--Planning-Commission hearing to-interested-citizens and-agencies. The City published notice of the Planning Commission hearing October 1-,2009. After the Planning Commission public hearing, additional notice will be published prior to the City Council hearing. Two public hearings are held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. With these public involvement provisions, the proposed Development Code Amendment is consistent with applicable Citizen Involvement policies. Comprehensive Plan Goal 2:Land Use Planning Goal 2.1: Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. Policy 2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. The current development code does not provide for seasonal outdoor sales of the type and duration provided by the Tigard Area Farmers' Market. Therefore, the Director requested Council's approval to develop a code amendment,to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC I-IEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 10 • S Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by public benefit/community service organizations. The request updates the implementing regulations of the Comprehensive Plan, consistent with the applicable provisions of the Land Use Planning Goal. Comprehensive Plan Goal 9: Economic Development Goal 9.1: Develop and maintain a strong,diversified, and sustainable local economy. Policy 3: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities,provided that required infrastructure is made available. Policy 12: The City shall assure economic development promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economic future. The proposed code amendment would provide for farmers' markets by public benefit organizations, which is not currently allowed under the code. Proposed approval criteria (18.785.040.6/7) would ensure required infrastructure would be available. Farmers' markets provide economic opportunity for farmers to have direct sales to end buyers and buyers the opportunity to buy direct from farmers. Markets provide a civic function by providing community gathering places. .purchasing food at a local farmers'market has a positive global impact. Farmers that sell at farmers'markets are dedicated to keeping small family farms alive and thriving, and investing in sustatnable fanning practices that make a huge dii erence to our environment, economy and social well being. The most obvious way that a small, sustainable farm makes a global derence is by reducing the consumption o fossil fuels. Producing and distributing conventionally grown food requires an enormous amount of resources A 2000 study that 10 percent of the United States'annual energy consumption es used by the food industry. The shorter distance food travels, the less fuel zs neede to transport it. Sustainable farming techniques used by many of Oregon's small family-run fauns can produce truly dramatic reductions in mom=consumption. The S. Department of Agriculture estimates that we could save 80 million gallons of diesel fuel a year used to pump water onto crops simply byimproving theiency of our irrigation systems by 10 percent.Likewise, reducing the amount of petroleum-based pesticides and feraters used on our nation's major cropland would.not any save us around, 1 billion, but also help prevent water and soil pollution Portland Farmers'Market (PFM), September 2009 Newsletter. Goal 9.3 Make Tigard a prosperous and desirable place to live and do business. Policy3. The City shall commit to improving and maintaining the quality of community life (pubic safety, education, transportation, community design, housing,parks and recreation, etc.) to promote a vibrant and sustainable economiq." Recommended Action Measures, xvi: Recognize and promote community events as having potential for positive economic impacts and as important for community identity. Oregonians are hungry for the fresh, nutritious food and community gathering places that farmers' markets provide. Farmers' markets offer the unique opportunity to make cities feel like small towns and strangers feel like neighbors By orging connections between consumers and farmers and fad roducers, it orates a strong constituency-for growing the local food economy — the backbone of a truly sustainable community. PFM September 2009 Newsletter. Comprehensive Plan Goal 15: Downtown Tigard Urban Renewal District Goal:15.2 Facilitate the development of an urban village. Policy 2.The downtown's land use plan shall provide for a mix of complementary land uses such as: A. retail,restaurants,entertainment and personal services; B. medium and high-density residential uses,including rental and ownership housing; C. civic functions (government offices,community services,public plazas,public transit centers, etc); D. professional employment and related office uses;and E. natural resource protection,open spaces and public parks. SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT'1'OTHE PLANNING COMMISSION PAGE 4 OF 10 • • Recommended Action Measures,v. Provide areas in the downtown where community events, farmer's markets,festivals and cultural activities can be held. Amending the development code to provide for farmers' markets explicitly implements the Downtown Urban Renewal District goal to facilitate the development of an urban village. To further facilitate this goal, the City may consider identifying a City-owned location downtown as a permanent site for a Tigard-Area farmers' market. FINDING: As shown in the analysis above, the Citizen Participation and Land Use goals have been satisfied. The proposed development code amendment provides for economic development that promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economic future. Staff finds that the proposed text amendment is consistent with the applicable goals and policies contained in the Tigard Comprehensive Plan. PROPOSED TEXT AMENDMENT TO THE TIGARD DEVELOPMENT CODE a<:1 a3a n ^i a'M a>a' Yl'O` >t' n{w O Aj�.�/.jj', ��. r�•'"`.,';.,1`.•, I.is'`,.'.<t-u�:'':�i:::'^''at,.i<a !f'�,!``i`:•�'`a`a�,!: •S Yy a�> l5* •74 <.i r l � •as?�pia��' jF pal f•4t ��t'� { .}z> ,t: l.:'"�_�?'mot',`'"•`',' fll�i +SS� tdt •'f -'t anti;'•' `'�<". h. f ertxi .o 4;. I .7 a�`• 9`. �t I. t 7 -r "'�s aa aR '71 �. >s' - oV? s ya•. .:i.^a ct •ti �,r i11: ri cclxfi a r --=�-` aex � a 117 %1 Y. Chapter 18.785 TEMPORARY USES Sections: 18.785.010 Purpose 18.785.020 Types of Temporary Uses 18.785.030 Approval Process 18.785.040_ . Approval.Criteria 18.785.050 Application Submission Requirements 18.785.010 Purpose A. Purpose. The purpose of this chapter is to establish standards for the approval of three types of temporary use: 1. Use that is seasonal or directed toward a specific event; 2. Use which is occasioned by an unforeseen event;and 3. Sales offices and model homes in conjunction with the sale of homes. B. Disclaimer. This chapter is not intended to be a way to circumvent the strict application of the use districts. Therefore, time limits are to be strictly enforced. . sale3. SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO TI-II PLANNING COMMISSION PAGE 5 OF 10 • • C. Exemptions. This chapter does not apply to fl seasonal and special events conducted by and totally for the benefit of a Tigard-based nonprofit organization, 2) garage sales, or 3) temporary construction offices in conjunction with the initial development of residential, commercial or industrial property (three or more dwelling units or lots). 18.785.020 Types of Temporary Uses A. Seasonal or special event. This type of temporary use is a use which by its nature will last less than one year. Examples of this type of use are those associated with the sale of goods for a specific holiday,activity or celebration, uses associated with construction, or seasonal use. This type of use does not apply to businesses seeking a temporary or interim location. Examples of this type of temporary use include: 1. Use associated with the celebration of a specific holiday such as the sale of Christmas trees and fireworks; 2. Use associated with the sale of fresh fruits, produce, and flowers, including seasonal markets by a chartered public service/non-profit organization which may offer additional products and se 'ce: as .rovided in the or.aniz:ti.n'. "m,rk- rules and. i olicies" s h _. 1,n.s pin. plants,prepared food. animal products, and art/handcrafts assembled by the vendor; 3. Use associated with festivals or celebrations or special events; • 4. Seasonal activities such as the sale of food at sports events or activities; 5. Use associated with construction such as the storage of equipment during the construction of roads or development,but not a temporary sales office or model home as provided by Section 18.785;and 6. Temporary fund raising and other civic activities in commercial zoning districts. 18.785.030 Approval Process. A. Procedure type. Approval of various temporary uses shall be processed as follows: 1. Seasonal or special event: by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Section 18.785.040A; 2. Unforeseen/emergency situations: by means of a Type I procedure,as governed by Section 18.390.040, using approval criteria in Sections 18.785.040B; 3. Temporary sales office/model home: by means of a Type I procedure, as governed by Section 18.390.030,using approval criteria in Sections 18.785.040C; 4. Temporary building in commercial and industrial zones: by means of a Type I procedure, as governed by Section 18.390.040,using approval criteria in Sections 18.785.040D. B. � ee a ppmval,period. An approval for a temporary use by the Director shall be effective valid for a period of one year unless otherwise stipulated by the approval. C. Lapsing of approval. An approval for the temporary use by the Director shall lapse if: 1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period;and 2. Construction or activity on the site is a departure from the approved plan. D. Renewal of approval. A temporary use approval.may be renewed once by the Director for a period not to SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC I-IEARING,STAFF REPORI'TO THE PLANNING COMMISSION PAGE 6 OF 10 • • exceed one year. Approval for a seasonal or special event use may be renewed on an annual basis in the same manner as if it were an original application. Notice of the decision shall be provided to the applicant. E. Renewal for temporary residential sales office/model homes. A permit for temporary sales offices and model homes may be renewed on an annual basis in the same manner as if it were an original application as long as 50% or less of the total number of dwelling units have been issued occupancy permits. 18.785.040 Approval Criteria A. Seasonal and special events. Using a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions or deny based on findings that all of the following criteria are satisfied: 1. The use occurs only once in a calendar year and for no longer a period than 30 consecutive days,. 2. The use is permitted in the underlying zoning district. 3. The applicant has proof of the property-owner's permission to place the use on his/her property; 4. There will be no parking utilized by the customers and employees of the temporary use which is needed by the property owner to meet his/her minimum parking requirement, as governed by Chapter 18.765, Parking and Loading. 5. The use will provide adequate vision clearance, as governed by Chapter 18.795, Vision Clearance, and shall not obstruct pedestrian access on public rights-of-way. 6. Seasonal markets are permitted in the C-G and MU-CBD zones and may operate from May through October. Additional approval criteria for seasonal markets include the following: a. Provide "market rules and policies" for City approval. which are consistent with the seasonal market use description in 18.785.020.A.2 and will be observed for the duration of the permit. b. Provide an access plan demonstrating adequate and safe ingress and egress exist when combined with the other uses of the property, consistent with applicable standards of Chapter 18.705.Access,Egress and Circulation; c. Provide a traffic study demonstrating the use will not create a traffic hazard; including ODOT review,if applicable; d. Provide documentation that the use will not create adverse off-site impacts related to noise. odors,vibrations,glare or lights that would be greater than otherwise allowed by uses permitted outright in the zone; and e. Signs are allowed as permitted in Chapter 18.780, however, the period may correspond to the duration of the permitted seasonal market use. 18.785.050 Application Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type I, depending on the type of temporary use for which the approval is sought. B. Additional information. In addition to the information described in Subsection A above,the applicant shall SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 7 OF 10 • provide a site plan, narrative and other information as specified in a detailed hand-out provided by the Director. C. Emergency situations. The Director may waive any of the requirements in this chapter or request additional information in accordance with Chapter 18.390 for cases which involve destruction of an existing structure due to fire, natural causes, or other circumstances that are beyond the control of the applicant. An emergency as allowed by this subsection shall not include failure by the applicant to submit a temporary use request as provided in this Chapter.® SECTION V. STAFF ANALYSIS The proposed code text amendment incorporates comments from City staff and representatives of the Tigard- Area Farmers' Market and Tigard Grange. The proposed amendment includes 1) minor changes for readability of the existing language, and 2) changes that provide for the farmers' market use under the Seasonal and Special Use type. The following analysis is divided by Chapter section: 18.785.010 Purpose At the July 21st Council Workshop to discuss initiation of the code amendment, Councilors mentioned specific issues that should be addressed upon expansion of the seasonal temporary use including parking, visual clearance, neighborhood impact and prohibition of flea markets and garage sales. The proposed amendment moves the existing reference to "garage sales" from the Disclaimer to the Exemption section of the chapter for clarity. Disclaimer now refers solely to the use districts and the enforcement of time limits. Exemptions now includes garage sales in addition to two other exempt uses to which the Chapter does not apply. The three listed uses are considered of a type, scale, and duration where any expected impacts would be limited and should be allowed without permit. Council's concern that seasonal markets not resemble flea markets or garage sales is ensured through the qualifying language that requires seasonal markets to be sponsored by chartered public service/non-profit organizations and approval criteria requiring City review and approval of"market rules and policies." 18.785.020 Types of Temporary Uses This section contains the new temporary use "seasonal markets by chartered public service/non-profit organizations" and extends the types of products that could be sold at such markets by listing examples and requiring consistency with the organization's market rules and policies that guide the sales agreements with vendors. The list of allowed products closely follows the Tigard-Area Farmers' Market guidelines. Other markets in the metropolitan area are more restrictive, for example,allowing farm products by rick crafts. 18.785.030 Approval Process This section changes the wording of the Approval period to be consistent with code construction found elsewhere in the development code. In addition, explicit provision for renewing a seasonal or special event has been added to balance the general renewal language. 18.785.040 Approval Criteria This section clarifies that the existing 30-day term for the general seasonal and special event use type is intended to be consecutive days. A sixth approval criterion is proposed to establish the location,timing, and manner of the seasonal market use. Seasonal markets are restricted to the General Commercial (C-G) zone and the new Mixed Use-Central Business District (MU-CBD) zone which correlates to the Downtown Urban Renewal District boundary. The CBD zone is scheduled to be enlarged and rezoned MU-CBD when the Council reviews and, if acceptable, approves the Downtown Code Amendments on December 8, 2009. Ultimately, as provided for in SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 8 OF 10 • • Comprehensive Plan Policy 15.2,a location downtown would be developed to host a farmers'market. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Allowing outdoor seasonal markets as a temporary use in this zone would result in the least conflict with other permitted uses and affords organizations like the Tigard Grange to use their facilities. The section provides a special teen for seasonal markets of six months to accommodate weekend or weekday markets for the typical period from May through October. Council expressed concern for parking, visual clearance, and neighborhood impact issues on expansion of the seasonal temporary use to include seasonal markets. Existing approval criteria #4 and #5 already require that parking and visual clearance,respectively,be addressed. Five additional approval criteria are listed, applicable to seasonal markets only. The sponsoring organization's "market rules and policies" describe the operating procedures and product mix allowed in a seasonal market. The City will require this document at the time of application to ensure seasonal markets comply with the character of the seasonal temporary use type as described in Section 18.785.020.A.2. Additional approval criteria are proposed to address access and egress, traffic hazards, off-site impacts, and signs. The applicant would need to demonstrate in their narrative and application materials that these criteria are satisfactorily met. 18.785.050 Application Submission Requirements In addition to the proposed development code text amendment discussed above, staff proposes to amend the Temporary Use Type I Application form, pursuant to 18.390.030.B.2.b, to additionally require the Applicant's Statement"to address the relevant criteria m sufficient detail for review and action." Currently, the application form requires an Applicant's Statement but does not detail what should be included. The proposed additional language would require the applicant's statement to address each of the applicable Approval Criteria in 18.785.040. Staff's discussion with representatives of the Tigard-Area Farmers' Market also included the possibility of a fee structure that would acknowledge public service/non-profit organizations as seasonal market providers. Currently,Non-Profits are exempt from the$304.00 filing fee for temporary uses. SECTION VI. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS The City of Tigard Current Planning and Planning and Engineering Techs reviewed the proposal and provided comment that has been incorporated into the proposed amendment. The City of Tigard Code Enforcement Officer reviewed the proposal and provided comment that has been incorporated into the proposed amendment. The City of Tigard Police Department reviewed the proposal and had no objections to it. The City of Tigard Public Works Department reviewed the proposal and had no objections to it. The City of Tigard Long Range Planning Division was notified of the proposed code text amendment but did not comment. The City of Tigard Engineering Department was notified of the proposed code text amendment but did not comment. METRO, ODOT, and DLCD were notified of the proposed code text amendment but provided no comment. SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 9 OF 10 • • 6_00 ' October 9,2009 PREPARED B •• G ry agens echer DATE Asso to Planner r or / / IP / , / October 9,2009 APPROVED BY: Ron Bunch DATE Community Development Director SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 10 OF 10 ATTACHMENT 6 • • s; City ofTigard --1,,, i.. ,, Tigard Business/Workshop Meeting - Minutes T:I�GARD;= TIGARD CITY COUNCIL&LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: July 21, 2009/6:30 Business/Workshop Meeting MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 S BUSINESS MEETING a. At 6:35:44 PM Mayor Dirksen called to order the Tigard City Council and Local Contract Review Board. b. Deputy City Recorder Krager called the roll. Present Absent Councilor Webb x Council President Wilson x Councilor Buehner x Mayor Dirksen x Councilor Henderson x c. Pledge of Allegiance d. Council Communications&T iaison Reports-None e. Call to Council and Staff for Non-Agenda Items-None 1. CONSENT AGENDA:-(Tigard City Council and Local Contract Review Board) 1.1 Approve City Council Minutes for May 26,2009 1.2 Extend Intergovernmental Agreement through June 30,2010,with Metro Providing Police Department Support for the Enforcement of Metro's Illegal Disposal Ordinance 1.3 Local Contract Review Board: a. Award Pavement Overlay Pavement Major Maintenance Program(PMMP) Contract b. Approve Purchaac of Five New Patrol Vehicic3 though the State of Oregon Contract Note:Item 1.3.b removed from Agenda on July 17,2009. Councilor Buehner moved to approve the Consent Agenda. Council President Wilson seconded the motion and all voted in approval. • TIGARD CITY COUNCIL/LCRB MINUTES —July 21, 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 11 • Yes No Councilor Webb Absent Council President Wilson x Councilor Buchner x Mayor Dirksen x Councilor Henderson Absent e WORKSHOP MEETING 2. DISCUSSION WITH CITIZENS ON THE FORMATION OF AN AQUATIC DISTRICT TO FUND THE OPERATION OF THE TIGARD-TUALATIN SCHOOL DISTRICT'S SWIMMING POOLS 6:38:20 PM Public Works Director Koellermeier introduced this item. He said the swimming pools at the high schools in Tigard and Tualatin are suffering financially and the Tigard-Tualatin School District(TTSD)is talking about closing them. He said a group of concerned citizens has proposed a solution to keep the pools open. He introduced spokesperson Pam Griffith,representing a group of citizens wanting to preserve the pools at each high school for the community's benefit. • Ms. Griffith said the swimming pools have been operating at a loss for the Tigard-Tualatin School District (U SD) and the District indicates that they cannot continue to accept these annual losses,which are calculated to be$500,000 to$600,000 per year. Options include mothballing or closing the pools,on which construction costs are still being paid by people in the TTSD and will be until the year 2016. She said the group proposes the formation of a special Aquatics Park and Recreation District under ORS Chapter 266. The essential features of the proposal are: 1) District boundary would be the same as the current TTSD boundary. 2) The District would be managed by a five-person board of directors,elected at-large from members of the new District. 3) The District would be funded by a permanent tax levy (9 cents per$1,000 of assessed property in the district) 4) TTSD would continue to own the pools and the new District would operate them. They are considering a lease arrangement. This is a limited special district request,and is only for the purpose of continuing the status quo operation of the pools. No expansion is being contemplated. The communities are major users of these pools,at a level of 100%in the summer and 80%the rest of the year. Benefits to the cities (Tigard,Tualatin,King City and Durham)include swimming lessons,recreational opportunities for all ages,family swims,lap swims,water polo, swim teams,rehabilitation and exercise,and training for law enforcement,firefighters and the FBI. Swimming pools also provide added value to neighborhood homes. Regarding process,Ms. Griffith said the group has spoken with representatives from the cities of Tigard and Tualatin,Washington County,both city's park boards and the TTSD. She said they are asking the cities for certified resolutions of support,consenting to the formation of this special district. She said they need to present a petition to Washington County by September,2009 and this needs to be on the ballot by May of 2010. People would be voting on: • Approving the formation of the district • Approving the tax levy • Electing a board of directors TIGARD CITY COUNCIL/LCRB MINUTES -July 21, 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 11 • 8. DISCUSS INITIATION OF A CODE AMENDMENT EXPANDING OPPORTUNI TIES FOR OUTDOOR FUNDRAISING EVENTS 8:53:27 PM Associate Planner Pagenstecher said the purpose of this item was to open a discussion on whether a Community Development Code amendment should be issued to expand opportunities for public benefit and community service organization outdoor sales events. He said this was precipitated by the Tigard Grange wanting to hold outdoor sales in their parking lot and finding that it is not allowed under the current Development Code. They questioned how the Tigard Farmers Market is allowed to operate in the parking lot of Young's Funeral Home. Mayor Dirksen said the current Code doesn't really prohibit this;it just doesn't address it very well. Councilor Buehner asked if seasonal temporary sales, such as Christmas trees or berries,were a problem with the current Code. Associate Planner Pagenstecher said these uses are listed in the Code but"Saturday Markets" or farmers markets are not and they would not meet the current criteria of a limited duration to 30 days,for example. 8:55:46 PM Community Development Director Bunch pointed out another difference with the Grange's request is it is undertaken solely by a non-profit entity for the benefit of that entity. He said with Saturday markets, it is a chartered organization but the people who actually sell the goods are making a profit for themselves. He said the Grange wants to sponsor a farmer's market where operators would pay a small rental fee to the Grange,but make an individual profit. This does not follow the Code. 8:56:40 PM Councilor Buehner asked if the City can specify what is governed by this Code,i.e. flea markets, or farmer's markets, etc. Associate Planner Pagenstecher said that can be handled simply by issuing a permit that specifies time, place, manner and type of product. Farmers' market products are fruits, produce and flowers. Sometimes arts and crafts can be added if they are secondary to the produce sales,and food may be allowed. Councilor Buehner and Council President Wilson mentioned these concerns: o Parking issues o Visual Clearance o Impacts on nearby neighborhoods o Perpetual flea markets or on-going garage sales should not be allowed Associate Planner Pagenstecher said currently visual clearance and parking can be regulated with very specific, time-tested regulations. He said these uses can be limited to Commercial,Light Industrial or Heavy Industrial Zones.Associate Planner Pagenstecher said Lake Oswego, for example,limits these events to east and west end Commercial Zones and the Lake Grove Industrial zone. Tigard currently limits seasonal sales to the Commercial,Heavy and Light Industrial Zones but there are also cities that pre-approve certain properties for this use,such as the City of Portland does by leasing public parks for the purpose of Saturday Markets. 9:01:27 PM Council President Wilson commented that these uses are most viable on arterials since they depend on drive-by traffic for customers. 9:02:31 PM Community Development Director Bunch said staff will develop a proposal taking into account Council's concerns, and bring it forward to the Planning Commission. Mayor Dirksen said, "As always, our goal should be to make our Code such that citizens are allowed to do things as long as they don't impose a burden on others." 9. ADJOURNMENT TIGARD CITY COUNCIL/LCRB MINUTES -July 21, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 10 of11 At 9:03:16 PM Council President Wilson moved for adjournment. Councilor Buehner seconded the motion and all voted in favor. Yes No Councilor Webb Absent Council President Wilson x Councilor Buchner x Mayor Dirksen Councilor Henderson Absent /s/ Carol A. Krager Deputy City Recorder Attest: /s/ Craig Dirksen Mayor, City of Tigard Date: August 25. 2009 I:\ADM\CATHY\CCM\2009\090721 workshop.doc TIGARD CITY COUNCIL/LCRB MINUTES -July 21, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 11 of 11 0 • PUBLIC HEARING ITEM: The following will be considered by then us Tigard City Council at a Public Hearing on •C Tuesday February 23, 2010 at 7:30 PM at i • the Tigard Civic Center - Town Hall, 13125 C Jp 4.t 4UNITY SW Hall Blvd.,Tigard, Oregon. T[G A R D Public oral or written testimony is,invited. SPAPERS The public hearing on this matter will be held under Title 18 and rules of procedure adopted 6605 SE Lake Road,Portland,OR 97222 by the Council and available at City Hall or the rules of procedure ' PO Box 22109 Portland OR 97269-2109 set forth in Section 18.390.060.E. The Planning Commission's Phone:503-684-0360 Fax:503-620-3433 review is for the purpose of making a recommendation"to the E-mail: legals®360 Fax:503-6 0-343 City Council on the request. The Council will then hold a public hearing on the request prior to making a decision. • ' Further information may be obtained from the City of Tigard ' AFFIDAVIT O F PUBLICATION I Planning Division (Staff contact: Gary Pagenstecher) at 13125 SW Hall Blvd.,Tigard, Oregon 97223 or by calling 503- State of Oregon, County of Washington, SS 639-4171. I, Charlotte Allsop, being the first duly sworn, depose and say that I am the Accounting DEVELOPMENT CODE AMENDMENT. Manager of The Times(serving Tigard, (DCA)2009-00004 • Tualatin & Sherwood), a newspaper of SEASONAL OUTDOOR SALES CODE AMENDMENT general circulation, published at Beaverton, ' REQUEST:,The Community Development Director requests a development code amendment to amend the text of the Temporary in the aforesaid county and state, as defined Use Chapter (18.785) of the City of Tigard Community ,i by ORS 193.010 and 193.020, that • Development Code'to expand and clarify the temporary use provisions of the code to provide for seasonal markets by public City of Tigard benefit/communit •service organizations. LOCATION: Land ,'' Notice of Public Hearing/DCA 2009-00004 zoned General Commercial(C-G)and Central Business District Seasonal Outdoor Sales (CBD). COMPREHENSIVE PLAN DESIGNATION: ' Seasonal General Commercial and Central Business District. ZONES: C-G: General Commercial District and CBD: Central Business District. APPLICABLE REVIEW CRITERIA: Community A copy of which is hereto annexed, was Development Code Chapters 18.380, 18.390 and 18.520; published in the entire issue of said j Comprehensive Plan Goal: 1,Public Involvement; Goal 2,Land newspaper for Use Planning; Goal 9.2.1, 9.3Economic Development; Goal 1 15.2,Special Planning Area-Downtown;and Statewide Planning i week in the following issue: Goals 1, 2 and 9. The proposed amendments are available for February 4, 2009 review on the City's Web site at http://www.tigard-or.gov/city hall/departments/cd/code amendment.asp. CA/Lae r� �p Publish 02/04/2010. TT11405 Charlotte Allsop (Accounting Ma ager) Subscribed and sworn to before me this February 4, 2009. OFFICIAL SEAL 11‘.14' % ROBIN A BURGESS t NOTARY PUBLIC-OREGON �u., COMMISSION NO.43Y26 2013 NOTARY PUBLIC FOR ORE MY COMMISSION EXPIRESMA My commission expires Acct#10093001 Attn: Tim Lehrbach/Patty Lunsford City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Size: 2 x 5.75 Amount Due $96.03* *Please remit to address above. NOTICE TO MORTGAGEEMENHOLDER,VENDOR OR SR: THE TIGARD DEV El OPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, q IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER EXHIBIT TIGARD PUBLIC HEARING NOTICE- . HEARING RESCHEDULED NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, FEBRUARY 23, 2010, AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING '1'F;STIMONY FROM THE PUBLIC. FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004 FILE TITLE: SEASONAL OUTDOOR SALES CODE AMENDMENT APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 REQUEST: The Community Development Director requests a development code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by public benefit/community service organizations. LOCATION: Land zoned General Commercial(C-G) and Central Business District (CBD). COMP PLAN DESIGNATION: General Commercial and Central Business District. ZONES: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non- conforming,residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage,mini-warehouses, utilities, heliports, medical centers,major event entertainment,and gasoline stations, are permitted conditionally. CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown,including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses,including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; Comprehensive Plan Goal: 1, Public Involvement; Goal 2,Land Use Planning, Goal 9.2.1, 9.3Economic Development; Goal 15.2, Special PlanningArea-Downtown;and Statewide Planning Goals 1, 2 and 9. 1 riL Y U 15LAL t1t tU 11V lTJ V 1N 1 rill !VIA 1 1 r,K W 1 1.1 , 1St, 1 U1V L U l l.LL) 11V A(.LUK1JAN LL W111-1 1 Hr, RULES OF CHAPTER 18.390.0 ' E OF THE COMMUNITY DEVEI ^PMENT CODE AND RULES OF PROCEDURE ADOPTED BY • TIGARD PLANNING COMMI;. N AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILT,ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INl'ERPRE'1'ERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (fDD - 'TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRITTEN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN 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-NO TED 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 WILT.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 ASSOCIATE PLANNER GARY PAGENSTECHER AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO garup(a�tiar-or.gov. • • PLEASE SIGN IN HERE Tigard Planning Commission Agenda Item # (n , ( Page of Date of Hearing —`f Case Number(s) -0QOCD Case Name 'tk " - t r A , • . Y\e"ir Location C-A � 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: vh-` � '� �'�� me: Address: \ \'Z..Z"Z.- 63-Vcov‘ w O `— Address: City, State, Zip: \ L q c&c ck, C)(. 9 7 12 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: Name: Name: Address: Address: City, State, Zip: City, State, Zip: • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes January 4, 2010 1. CALL TO ORDER Vice President Walsh called the meeting to order at 7:01 pm. The meeting was held in the Tigard Civic Center,Town Hall,at 13125 SW Hall Blvd. 2. ROLL CALL Present: Commissioners Anderson (came in slightly later than roll call), Caffall, Doherty;Fishel, Gaschke, Hasman,Muldoon,Vermilyea, and Walsh; Alternate Commissioners Schmidt& Shavey Absent: None Staff Present: Ron Bunch, Community Development Director;Dick Bewersdorf£, Planning Manager; Gary Pagenstecher,Associate Planner;John Floyd, Associate Planner; Doreen Laughlin, Sr.Administrative Specialist 3. COMMUNICATIONS Dick Bewersdorff, Planning Manager,introduced the new planning commissioner and alternates,Tim Gaschke,Don Schmidt, and Richard Shavey. 4. CONSIDER MEETING MINUTES 12-07-09 Meeting Minutes: Vice President Walsh asked if there were any additions, deletions, or corrections to the minutes - taking into account a small correction that had been phoned in earlier correcting the date on page 2, second sentence, to 1-4-10. Walsh then declared the minutes approved. Walsh moved on to the work session and elections. 5. WORK SESSION -ELECTIONS Walsh opened up the floor to nominations. [The former president of the Commission left in December after serving 8 years as a Commissioner. This left the balance of that position (1 year—to end 1-1-11) open]. Commissioner Vermilyea moved to nominate Commissioner David Walsh as President. The motion was seconded by Commissioner Hasman. There were I:\LRPLN\Planning Commission\PC Packets for 2010\1-4-10\tpc minutes 1-4-10.doc Page 1 of 7 • • no other nominations. There was a verbal vote, and Commissioner Walsh was elected to the office of Planning Commission President. Commissioner Hasman moved to nominate Commissioner Vermilyea for the office of Vice President. The motion was seconded by Commissioner Caffall. Commissioner Walsh nominated Commissioner Muldoon. There was no second. There was a secret ballot with Commissioner Vermilyea getting the majority of votes and thus being elected. President Walsh opened up the public hearing. 6. PUBLIC HEARING 6.1 DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004. SEASONAL OUTDOOR SALES CODE AMENDMENT—Cont'd from 12-07-09 STAFF REPORT • Gary Pagenstecher,Associate Planner, gave the staff report on behalf of Staff. [Staff reports are available one week before each scheduled meeting.] Pagenstecher noted that this matter had been continued from 10-19-09, to 11-2-09, to 12-7-09, to this date. He gave a brief background on what had been said at the previous meetings. He acknowledged the presence of a gentleman from the Tigard Grange named Phil Yount who had participated in the meeting on 10/19. Pagenstecher said that at previous meetings Phil Yount (representing the Tigard Grange) and Stan Baumhofer (representing the Tigard Area Farmer's Market) had raised several issues in response to the proposed code amendments. In addition, Commissioners had raised several issues in response to the proposed amendments, including qualifying the type of organization, duration of the seasonal use, less onerous and more user- friendly approval criteria, and a call out for hours of operation. These issues were addressed in the staff analysis portion of the memorandum Pagenstecher wrote to the Planning Commission dated 12-28-09, and reflected in the revised Development Code Amendment. Pagenstecher went over the code sections that had been revised (18.785.020— "Types of Temporary Uses"; and 18.785.040 "Approval Criteria") and noted that the other sections addressed in the October 9, 2009 staff report remained unchanged. After reviewing the changes noted on the memorandum, Pagenstecher said staff is asking the Planning Commission to recommend this Development Code Amendment to the City Council. At this point, Pagenstecher asked if the commissioners had any questions of staff. I:\LRPLN\Planning Commission\PC Packets for 2010\1-4-10\tpc minutes 1-4-10.doc Page 2 of 7 • • QUESTIONS FROM COMMISSIONERS OF STAFF I have a concern regarding the time references—there are multiple references where it says less than one year as opposed to 7 months—and other places where time references aren't universally applicable. Did you review this for consistency for time references? The chapter "temporary uses"covers a number of uses. We have clarified and added `Seasonal Market"section here and the duration relates specifically to that use. I understand your definition of"seasonal"is 30 days? Well, the seasonal market is one type of season. I suggest we change the language of 18.785.040 A.1. to say "except as provided in paragraph 6. Commissioner Vermilyea said "it appears the intent of the language is to be very flexible for the applicant-'in that there is no definition of what"documentation"is in 6b. Also in saying you must provide some form of market rules and policies that contain at least these items. My suggestion would be to put A in the body of 6, making it a mandatory requirement and change it to say something like "The applicant shall provide... etc." This last sentence says the City may consider the following additional approval criteria for seasonal markets. I think, in my mind, there are pretty significant differences between those rules and policies and what other issues may arise depending on a given market. I think there needs to be kind of a structural adjustment. One way to do it would be to move A up—make it#6, and make everything else #7 —another way would be to move the body of A up and put it in as the 2nd sentence in #6 and then have B become A, and C become B, etc. etc. But one of those two things I think we ought to do because we need to distinguish between A and the rest in this list. There were more ideas discussed about how to go about changing the verbiage; and then the questions continued. My question revolves around two terms that are used. One in 17.785.020 sub A2 "chartered public service/non-profit organization etc." - the word "charter" — that word makes me uncomfortable because it's not really defined anywhere. I deal with non-profits and am not aware of what a "charter non-profit" is. If we're going to use that word, I'd like to see it defined. Secondly, the word in 18.785.040 6.B, C, & D - "documentation" -what kind of documentation does staff intend when you use that term rather than the specific kinds of reports that you're talking about. What sorts of documentation would a party use to satisfy these criteria? Could you please speak to these? Pagenstecher answered `Possibly some mitigation plan, a sketch,fairly simple, a written plan, in some situations these could be sufficient. It all depends on the circumstances— the simpler the circumstance, the simpler the documentation can be." I:\LRPLN\Planning Commission\PC Packets for 2010\1-4-10\tpc minutes 1-4-10.doc Page 3 of 7 • • Pagenstecher went on to speak about the definition of chatter— "a document outlining the principals functions and organizations of the corporate body"- a constitution, again,just a very basic thing. It is a simple statement of the purpose of the group."So you're not intending that an organization be...for example... licensed with the state as corporate entity as a state charter/non- profit necessarily?They could be a Girl Scout troop, or some other organization that may not have all the formal documents in place. Yes— that's right. Conceivably getting a tax filing status costs money and effort that the group wouldn't want to front and typically it's a hurdle to get that although groups like it because it can fundraise if they do get that but in this case, it's theoretical We don't really know who's going to "come out of the woodwork"to want a market. Right now we're just throwing out an `all comers welcome"— "try this out ifyou can meet these standards"and we can't presume who those groups are going to be. It's as wide as possible." One of the commissioners summarized "So, for example,what you're looking for is an organization that has a constitution, a charter, but they are not be through the "State of Oregon." So you're looking at groups that would be organized, have a charter, have a purpose, that kind of thing. Is that the purpose behind the language?" Yes. PUBLIC TESTIMONY— IN FAVOR: Phil Yount, 11222 SW Cottonwood Lane, Tigard, manager for Tigard Grange had what he said was a really basic question. "It seems as if the Tigard Grange is exempted from all this in 18.785.010 C "Exemptions"— the first one says "seasonal and special events conducted by and totally for the benefit of a Tigard-based nonprofit organization." If we're exempted... does any of this apply to us?The word "totally"makes the grange non-exempt. Pagenstecher: Can you clarify how this would work?Yount: "The Tigard Grange would ask members (or non-members) to rent a little space from us and we'd get a share of their profits from whatever stuff they sell. We'd use that as a fundraiser. Pagenstecher: So, in that case, I'm thinking you would not be exempt.You would have vendors who would profit also. Yount: "Oh—because of the word "totally"... "totally for the benefit of..." that would explain it. Some of the commissioners thought this language might be a bit confusing to others as well and thought it would be best in 18.785.010 C to drop the word "totally" out and add the words "exclusively by and for." PUBLIC TESTIMONY— OPPOSED: None. PUBLIC TESTIMONY CLOSED DELIBERATIONS There were no further questions or deliberations and the following motion was made by Commissioner Muldoon, seconded by Commissioner Caffall: 1:\LRPLN\Planning Commission\PC Packets for 2010\1-410\tpc minutes 1-4-10.doc Page 4 of 7 MP "I move to forward a recommendation of approval to City Council of application DCA 2009-00004 continued from Dec 7th 2009, and adoption of the findings and conditions of approval contained in the staff report and the deliberations tonight and based on the testimony tonight." "Do I need to itemize the differences?" Planning Commission Secretary Laughlin answered, "Yes, please." [The differences follow:] Under"18.785.010—under Part C, "Exemptions,"it would read "events conducted exclusively by and for," rather than the prior language. Under 18.785.040—at the end of sentence A.1,it would have "except as provided in paragraph 6"; and under the same section "Part 6"we would move sub-par A up to the part of the main paragraph, second sentence, where it would say "the applicant shall provide" and then otherwise the remainder of the language in par-A would be the same and an additional sentence would say "The City may also consider the following criteria: and then B, C, D, & E would be labeled A thru D." The motion CARRIED on a recorded vote, the Commission voted as follows: AYES: Commissioner Anderson, Commissioner Caffall, Commissioner Doherty, Commissioner Fishel, Commissioner Gaschke, Commissioner Hasman, Commissioner Muldoon, Commissioner Vermilyea, and Commissioner Walsh (9) NAYS: None (0) ABSTAINERS: None (0) ABSENT: None (0) Walsh stated that this would go to Council on February 9th. 7. STUDY SESSION Re Joint Meeting with Council Regarding Trees STAFF REPORT John Floyd,Associate Planner, introduced himself and gave the staff report on behalf of the City. [Staff reports are available to the public upon request one week in advance of any meeting.] Floyd said the purpose of this session is to help them prepare for the upcoming joint Council/Planning Commission meeting scheduled for January 19th. Walsh asked him to walk them through the memo (dated 12-28-09) that he'd prepared for the commissioners. Floyd briefly went through the various topics that had been identified (Exhibit A). QUESTIONS OF STAFF BY COMMISSIONERS: 1:\LRPLN\Planning Commission\PC Packets for 2010\1-410\tpc minutes 1-4-10.doc Page 5 of 7 • • There were some general questions clarifying what the Council wanted, specifically in #5 referring to "discussing alternative outreach approaches" —Floyd said it was pretty much `open ended'. They would like to see more public engagement in this process." There was a basic discussion as to what kind of evaluative methods they might have when looking at mitigation. Floyd said the Planning Commission would make a recommendation to Council. Ultimately they have the final word, the idea being to get the two bodies closer together in terms of being on the same page. Ron Bunch, Community Development Director, spoke about amendments to the Tree Code. He said that, due to the changing nature of the community—infill and the like— a line by line review should probably be done of the Tree Code - make sure it meets these goals as well as the goals in the Comprehensive Plan. Walsh noted that the Urban Forestry Master Plan 1.1 basically calls for a complete comprehensive review of the Tree Code, followed by a comprehensive review of the landscaping code. 8. OTHER BUSINESS Walsh suggested that in the future, after a public hearing that they do a"process check" — did the Planning Commission handle it well?How do we work as a Planning Commission? The commissioners agreed and said that would be at the president's discretion. Walsh encouraged the Commissioners to email staff if they want to give them expectations. Vermilyea asked if they could have a"map" of some sort as to how the coming year will look. He would like some sort of plan of action. Ron Bunch spoke briefly about the fact that they'd put together a strategic action plan; actually, a bit more tactical in nature—a number of projects that are lined up for the next 18 months or so. Everything from adoption of the Transportation System Plan, to periodic review of the Comprehensive Plan; to the Land Use Program study for the Hwy 99W corridor and Downtown issues; public facility plans; and so forth. Staff will assemble it into one document and bring it before the commission. It's mapped out according to topic and also in a rough chronology. Vermilyea would like to have the list take into account the goals of the Planning Commission for the past few years. Since they went to the trouble of laying out the goals and spending the time prioritizing—he'd lie to focus on the things the Planning Commission set as priorities. Bunch said those are on the list. The list is probably 14 or 15 pages. I:\LRPLN\Planning Commission\PC Packets for 2010\1-4-10\tpc minutes 1-4-10.doc Page 6 of 7 �► • 9. ADJOURNMENT President adjourned the meeting at 8:50 pm. Doreen Laughlin,Planning Commissieln Secretary Z/107 Al"1'EST: David Walsh 1:\LRPLN\Planning Commission\PC Packets for 2010\1-410\tpc minutes 1-410.doc Page 7 of 7 ., • • City of Tigard k-.1.." -TIGARD Planning Commission — Agenda Lxc.,ii{44 ; :, wsaS+m:m0MOnn�raaa.. ..�v.,a.Ssw. z7:�.r�..�. _. _Aw.:.—■._. MEETING DATE: January 4, 2010, 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 —Introduce New Commissioners 7:02 p.m. 4. CONSIDER MINUTES 7:10 p.m. 5. WORK SESSION —ELECTIONS 7:13 p.m. 6. PUBLIC HEARING 7:20 p.m. 6.1 SEASONAL OUTDOOR SALES CODE AMENDMENT DCA2009-00004— Continued from 12/07/09 7. STUDY SESSION RE:JOINT MEETING WITH COUNCIL REGARDING TREES S:20 p.m. 8. OTHER BUSINESS 9:20 p.m. 9. ADJOURNMENT 9:30p.m. PLANNING COMMISSION AGENDA— JANUARY 4, 2010 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, • • 71 _ ., City o f'Tigard tx Memorandum (2r.� ` .C-ev-In. 10 , I _. =..::.. -.mss:._:...._... 'a' .... -. .:.mss..::..... ' To: Planning Commission From: Gary Pagenstecher Re: DCA2009-00004 Seasonal Outdoor Sales: Revised Development Code Amendment addressing testimony and Commissioner Comments from the 7 o Eua w s'1 9cto � Hear f rof C°wriwve'o�,(ii-Z-off Date: December 28, 2009 +�2 :.b* /f A iTeeu/Ca..awa[ o- • .al !}s r1 v^er • : The City initiated the proposed code amendment to facilitate the Tigard Grange and other public benefit/service organizations, such as the Tigard Area Farmers' Market, to hold season-long events. The proposal substantively amends the text of Chapter 18.785, Temporary Uses, by providing explicitly for "seasonal markets" as a type of Seasonal or Special Event and by providing specific approval criteria governing time, place, and manner. At the Planning Commission's October 19, 2009 hearing, the Commission received testimony from "A- Phil Yount of the Tigard Grange and Stan Baumhofer of the Tigard Area Farmers' Market. Mr. Yount was generally in favor of the proposed code amendments but worried that the approval criteria would require specialized findings and the need to pay for consultant services. Mr. Baumhofer expressed concern that the proposed code amendments included regulations which could stifle new business development. In additioirCommissioners raised several issues in response to the proposed code amendments including qualifying the type of organization, duration of the seasonal use,less onerous and more user-friendly approval criteria, and a call out for hours of operation. These issues are addressed in the fig analysis and reflected in the attached Revised Development Code Amendment. STAFF ANALYSIS The following code sections have been revised as discussed below, while the proposed amendments to other sections addressed in the October 9, 2009 Staff Report remain unchanged. M ()A" 18.785.020 Types of Temporary Uses This section contains the new temporary use "seasonal markets by chartered public service/non-profit organizations." Commissioner's wanted to clarify staffs intention with respect to "chartered public service/non-profit organizations." Staff supports the proposed language as a means to make the seasonal market use available to a wide range of organizations and not just those that are non-profits registered with the State's Corporation Division. Some public service organizations, such as a flower guild or social club, may not be legal non-profits but nevertheless have a charter outlining the principles, functions, and organization of the group. As Stan Baumhofer testified, the Tigard Area Farmers' Market started out as a civic event. In addition, the dictionary definition of the terms provides sufficient detail to determine if an organization qualifies. Page 1 of 2 • '• viw)f/f 18.785.040 Approval Criteria A sixth approval criterion is proposed to establish the location, timing, and manner of the seasonal market use. This criterion provides a special term for seasonal markets of seven months to 'piT accommodate weekend or weekday markets. Originally proposed from May through October, the revised code amendment lengthens the period to include April as suggested by Mr. Yount. The period could be extended to a full year, as suggested by Mr. Baumhofer, to provide maximum flexibility. However, given the focus on seasonal markets for agricultural products, staff proposes the seven month period. Five additional approval criteria are listed (18.780.040.A.6.a-e), applicable to seasonal markets only. • Commissioners expressed concern that some of these criteria may potentially be too onerous for non- profit organizations to meet for the ephemeral seasonal market use. The following changes are proposed for criteria a through c to make them less onerous under the proposed revised code amendment: a. The sponsoring organization's "market rules and policies" describe the operating procedures and product mix allowed in a seasonal market. The City will require this document at the time of application to ensure seasonal markets comply with the character of the seasonal temporary use type as described in 4 Section 18.785.020.A.2. The revised code amendment additionally lists basic elements that should be included in the rules and policies, including the hours of operation. Seasonal markets would then be held to the terms of rules and policies as reviewed and approved by the City at the time of application. b. In demonstrating safe ingress and egress, "access plan" is replaced by "documentation" to allow the applicant more flexibility. The expectation of a formal "Plan" can otherwise be substantively addressed "by findings, letters of concurrence, or other documentation. c. To address potential traffic hazards, "traffic study" is replaced by "documentation" and "ODOT r review" is replaced by "coordination with ODOT." The expectation of a formal traffic study and review by ODOT can otherwise be substantively addressed through findings, consultation, or other available information. c�Gti�li� �� L 41a-04140.4.4 6-i(-1.1-j 147 /1jt4A ,10,204 • Page 2 of 2 • • DCA2009-00004` • • CODE AMENDMENT Explanation of Formatting ':;;.: '- ;: : This text amendment employs the following.formatting: Bold%Underlined —Text to be added [Bold/Double-Underline] Text that will be underlined upon codification [ ] -Text to be'removed Chapter 18.785 TEMPORARY USES Sections: 18.785.010 Purpose 18.785.020 Types of Temporary Uses 18.785.030 Approval Process 18.785.040 Approval Criteria 18.785.050 Application Submission Requirements 18.785.010 Purpose A. Purpose. The purpose of this chapter is to establish standards for the approval of three types of temporary use: 1. Use that is seasonal or directed toward a specific event; 2. Use which is occasioned by an unforeseen event;and 3. Sales offices and model homes in conjunction with the sale of homes. B. Disclaimer. This chapter is not intended to be a way to circumvent the strict application of the use districts. Therefore, time limits are to be strictly enforced. Thi3 chapter - : .- . c sales. C. Exemptions. This chapter does not apply to ti seasonal and special events conducte b���t for the benefit of a Tigard-based nonprofit organization, 2) garage sales, or 31 temporary construction offices in conjunction with the initial development of residential, commercial or industrial property (three or more dwelling units or lots). 18.785.020 Types of Temporary Uses A. Seasonal or special event. This type of temporary use is a use which by its nature will last less than one year. Examples of this type of use are those associated with the sale of goods for a specific holiday, activity or celebration, uses associated with construction, or seasonal use. This type of use does not apply to businesses seeking a temporary or interim location. Examples of this type of temporary use include: 1. Use associated with the celebration of a specific holiday such as the sale of Christmas trees and fireworks; 2. Us orated with the sale of fresh fruits, produce, and flowers, including seasonal markets by a /6-gartered/public service/non-profit organization which may offer additional products and SEASO NAL IDOOR SALES REVISED DEVELOPMENT CODE AMENDMENT DCA2009-00004 1/4/2010 PUBLIC HEARING PAGE 1 OF 3 • services as provided in the organization's "market rules •d policies" such as landscaping plants, prepared food, animal products, and art/handcrafts assembled by the vendor; 3. Use associated with festivals or celebrations or special events; 4. Seasonal activities such as the sale of food at sports events or activities; 5. Use associated with construction such as the storage of equipment during the construction of roads or development, but not a temporary sales office or model home as provided by Section 18.785; and 6. Temporary fund raising and other civic activities in commercial zoning districts. 18.785.030 Approval Process A. Procedure type. Approval of various temporary uses shall be processed as follows: 1. Seasonal or special event: by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Section 18.785.040A; 2. Unforeseen/emergency situations: by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Sections 18.785.040B; 3. Temporary sales office/model home: by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria in Sections 18.785.040C; 4. Temporary building in commercial and industrial zones: by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Sections 18.785.040D. B. Effective Approval period. An approval for a temporary use by the Director shall be effective valid for a period of one year unless otherwise stipulated by the approval. C. Lapsing of approval. An approval for the temporary use by the Director shall lapse if: 1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period; and 2. Construction or activity on the site is a departure from the approved plan. D. Renewal of approval. A temporary use approval may be renewed once by the Director for a period not to exceed one year. Approval for a seasonal or special event use may be renewed on an annual basis in the same manner as if it were an original application. Notice of the decision shall be provided to the applicant. E. Renewal for temporary residential sales office/model homes. A permit for temporary sales offices and model homes may be renewed on an annual basis in the same manner as if it were an original application as long as 50% or less of the total number of dwelling units have been issued occupancy permits. 18.785.040 Approval Criteria A. Seasonal and special events. Using a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions or deny based on findings that all of the following criteria are satisfied: 1. The use occurs only once in a calendar year and for no longer a period than 0 consecutive days'. 2. The use is permitted in the underlying zoning district. \ SEASONAI,OUTDOOR SALES REVISED DEVELOPMENT CODE AMENDME1' P CA2009-00004 1/4/2010 PUBLIC HEARING AGE 2 OF 3 • 3. The applicant has proof of the property-owner's permission to place the use on his/her property; 4. There will be no parking utilized by the customers and employees of the temporary use which is needed by the property owner to meet his/her minimum parking requirement, as governed by Chapter 18.765, Parking and Loading. 5. The use will provide adequate vision clearance, as governed by Chapter 18.795, Vision Clearance, and shall not obstruct pedestrian access on public rights-of-way. 6. Seasonal markets are permitted in the C-G and MU-CBD zones and may operate from April through October Additienalxappr�val criteria for sea o al markets include the following: �i*G'ar .dil �0 i9 '4. Provide "market rules and policies",for City approval, which are consistent with the seasonal market use description in 18.785.020.A.2 and will be observed for the duration of the permit: Market rules and policies shall include hours of operation, location, product guidelines, vendor obligations, vehicle loading/unloading, and any other applicable policies guiding the operation of the market; ..b' Provide documentation demonstrating adequate and safe ingress and egress exist when combined with the other uses of the property, consistent with applicable standards of Chapter 18.705,Access,Egress and Circulation; ,.e Provide documentation demonstrating the use will not create a traffic hazard, including coordination with ODOT if applicable; L At. Provide documentation that the use will not create adverse off-site impacts related to noise, odors, vibrations, glare or lights that would be greater than otherwise allowed by uses permitted outright in the zone; and at_ (e: Signs are allowed as permitted in Chapter 18.780, however, the permitted period for temporary signs may be approved to correspond to the duration of the permitted seasonal market use. 18.785.050 Application Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type I, depending on the type of temporary use for which the approval is sought. B. Additional information. In addition to the information described in Subsection A above, the applicant shall provide a site plan, narrative and other information as specified in a detailed hand-out provided by the Director. C. Emergency situations. The Director may waive any of the requirements in this chapter or request additional information in accordance with Chapter 18.390 for cases which involve destruction of an existing structure due to fire, natural causes, or other circumstances that are beyond the control of the applicant. An emergency as allowed by this subsection shall not include failure by the applicant to submit a temporary use request as provided in this Chapter.• SEASONAL OUIDOOR SALES REVISED DEVELOPMENT CODE AMENDMENT DCA2009-00004 1/4/2010 PUBLIC HEARING PAGE 3 OF 3 i 1 • e ° City of Tigard TIGARD Memorandum To: Planning Commission From: Gary Pagenstecher Re: DCA2009-00004 Seasonal Outdoor Sales: Revised Development Code Amendment addressing Commissioner Comments from the October 19th Hearing Date: December 28, 2009 The City initiated the proposed code amendment to facilitate the Tigard Grange and other public benefit/service organizations such as the Tigard Area Farmers' Market to hold season-long events. The proposal substantively amends the text of Chapter 18.785, Temporary Uses, by providing explicitly for "seasonal markets" as a type of Seasonal or Special Event and by providing specific approval criteria governing time, place, and manner. At the Planning Commission's October 19, 2009 hearing, the Commission received testimony from the Phil Yount of the Tigard Grange and Stan Baumhofer of the Tigard Area Farmers Market. Mr. Yount was generally in favor of the proposed code amendments but worried that the approval criteria would require specialized findings and the need to pay for consultant services. Mr. Baumhofer expressed concern that the proposed code amendments included regulations which could stifle new business development. In addition, Commissioners raised several issues in response to the proposed code amendments including qualifying the type of organization, duration of the seasonal use, less onerous and more user-friendly approval criteria, and a call out for hours of operation. These issues are addressed in the following analysis and reflected in the attached Revised Development Code Amendment. STAFF ANALYSIS The following code sections have been revised as discussed below, while the proposed amendments to other sections addressed in the October 9, 2009 Staff Report remain unchanged. 18.785.020 Types of Temporary Uses This section contains the new temporary use "seasonal markets by chartered public service/non-profit organizations." Commissioner's wanted to clarify staff's intention with respect to "chartered public service/non-profit organizations." Staff supports the proposed language as a means to make the seasonal market use available to a wide range of organizations and not just those that are non-profits registered with the State's Corporation Division. Some public service organizations, such as a flower guild or social club may not be legal non-profits but nevertheless have a charter outlining the principles, functions, and organization of the group. As Stan Baumhofer testified, the Tigard Area Farmers Market started out as a civic event. In addition, the dictionary definition of the terms provides sufficient detail to determine if an organization qualifies. • • 18.785.040 Approval Criteria A sixth approval criterion is proposed to establish the location, timing, and manner of the seasonal market use. This criterion provides a special term for seasonal markets of seven months to accommodate weekend or weekday markets. Originally proposed from May through October, the revised code amendment lengthens the period to include April as suggested by Mr. Yount. The period could be extended to a full year, as suggested by Mr. Baumhofer, to provide maximum flexibility. However, given the focus on seasonal markets for agricultural products, staff proposes the seven month period. Five additional approval criteria are listed (18.780.040.A.6.a-e), applicable to seasonal markets only. Commissioners expressed concern that some of these criteria may potentially be too onerous for non- profit organizations to meet for the ephemeral seasonal market use. The following changes are proposed for criteria a through c to make them less onerous under the proposed revised code amendment: a. The sponsoring organization's "market rules and policies" describe the operating procedures and product mix allowed in a seasonal market. The City will require this document at the time of application to ensure seasonal markets comply with the character of the seasonal temporary use type as described in Section 18.785.020.A.2. The revised code amendment additionally lists basic elements that should be included in the rules and policies,including the hours of operation. Seasonal markets would then be held to the terms of rules and policies as reviewed and approved by the City at the time of application. b. In demonstrating safe ingress and egress, "access plan" is replaced by "documentation" to allow the applicant more flexibility. The expectation of a formal "Plan" can otherwise be substantively addressed by findings, letters of concurrence, or other documentation. c. To address potential traffic hazards, "traffic study" is replaced by "documentation" and "ODOT review"is replaced by "coordination with ODOT." The expectation of a formal traffic study and review by ODOT can otherwise be substantively addressed through findings, consultation, or other available information. • • DCA2009-00004 CODE AMENDMENT Explanation of Formatting This text amendment employs the following formatting: [Bold/Underlined] —Text to be added [Bold/Double-Underline] —Text that will be underlined upon codification [Stlilcthrettgli] —Text to be removed Chapter 18.785 TEMPORARY USES Sections: 18.785.010 Purpose 18.785.020 Types of Temporary Uses 18.785.030 Approval Process 18.785.040 Approval Criteria 18.785.050 Application Submission Requirements 18.785.010 Purpose A. Purpose. The purpose of this chapter is to establish standards for the approval of three types of temporary use: 1. Use that is seasonal or directed toward a specific event; 2. Use which is occasioned by an unforeseen event; and 3. Sales offices and model homes in conjunction with the sale of homes. B. Disclaimer. This chapter is not intended to be a way to circumvent the strict application of the use districts. Therefore, time limits are to be strictly enforced. This chapter i3 not intended to apply to garage 3alc3. C. Exemptions. This chapter does not apply to 1) seasonal and special events conducted by and totally for the benefit of a Tigard-based nonprofit organization, 2) garage sales, or 1) temporary construction offices in conjunction with the initial development of residential, commercial or industrial property (three or more dwelling units or lots). 18.785.020 Types of Temporary Uses A. Seasonal or special event. This type of temporary use is a use which by its nature will last less than one year. Examples of this type of use are those associated with the sale of goods for a specific holiday, activity or celebration, uses associated with construction, or seasonal use. This type of use does not apply to businesses seeking a temporary or interim location. Examples of this type of temporary use include: 1. Use associated with the celebration of a specific holiday such as the sale of Christmas trees and fireworks; 2. Use associated with the sale of fresh fruits, produce, and flowers, including seasonal markets by a chartered public service/non-profit organization which may offer additional products and SEASONAL OUTDOOR SALES REVISED DEVELOPMENT CODE AMENDMENT DCA2009-00004 1/5/2010 PUBLIC HEARING PAGE 1 OF 3 • • services as provided in the organization's "market rules and policies" such as landscaping plants,prepared food, animal products, and art/handcrafts assembled by the vendors 3. Use associated with festivals or celebrations or special events; 4. Seasonal activities such as the sale of food at sports events or activities; 5. Use associated with construction such as the storage of equipment during the construction of roads or development,but not a temporary sales office or model home as provided by Section 18.785; and 6. Temporary fund raising and other civic activities in commercial zoning districts. 18.785.030 Approval Process A. Procedure type. Approval of various temporary uses shall be processed as follows: 1. Seasonal or special event: by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Section 18.785.040A; 2. Unforeseen/emergency situations: by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Sections 18.785.040B; 3. Temporary sales office/model home: by means of a Type I procedure, as governed by Section 18.390.030,using approval criteria in Sections 18.785.040C; 4. Temporary building in commercial and industrial zones: by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Sections 18.785.040D. B. Effcctivc Approval period. An approval for a temporary use by the Director shall be effective valid for a period of one year unless otherwise stipulated by the approval. C. Lapsing of approval. An approval for the temporary use by the Director shall lapse if: 1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period; and 2. Construction or activity on the site is a departure from the approved plan. D. Renewal of approval. A temporary use approval may be renewed once by the Director for a period not to exceed one year. Approval for a seasonal or special event use may be renewed on an annual basis in the same manner as if it were an original application. Notice of the decision shall be provided to the applicant. E. Renewal for temporary residential sales office/model homes. A permit for temporary sales offices and model homes may be renewed on an annual basis in the same manner as if it were an original application as long as 50% or less of the total number of dwelling units have been issued occupancy permits. 18.785.040 Approval Criteria A. Seasonal and special events. Using a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions or deny based on findings that all of the following criteria are satisfied: 1. The use occurs only once in a calendar year and for no longer a period than 30 consecutive days± 2. The use is permitted in the underlying zoning district. SEASONAL OUTDOOR SALES REVISED DEVELOPMENT CODE AMENDMENT DCA2009-00004 1/5/2010 PUBLIC HEARING PAGE 2 OF 3 • 3. The applicant has proof of the property-owner's permission to place the use on his/her property; 4. There will be no parking utilized by the customers and employees of the temporary use which is needed by the property owner to meet his/her minimum parking requirement, as governed by Chapter 18.765, Parking and Loading. 5. The use will provide adequate vision clearance, as governed by Chapter 18.795, Vision Clearance, and shall not obstruct pedestrian access on public rights-of-way. 6. Seasonal markets are permitted in the C-G and MU-CBD zones and may operate from April through October. Additional approval criteria for seasonal markets include the following: a. Provide "market rules and policies" for City approval, which are consistent with the seasonal market use description in 18.785.020.A.2 and will be observed for the duration of the permit. Market rules and policies shall include hours of operation, location, product guidelines, vendor obligations, vehicle loading/unloading, and any other applicable policies guiding the operation of the market; b. Provide documentation demonstrating adequate and safe ingress and egress exist when combined with the other uses of the property, consistent with applicable standards of Chapter 18.705,Access, Egress and Circulation; c. Provide documentation demonstrating the use will not create a traffic hazard, including coordination with ODOT if applicable; d. Provide documentation that the use will not create adverse off-site impacts related to noise, odors, vibrations, glare or lights that would be greater than otherwise allowed by uses permitted outright in the zone; and e. Signs are allowed as permitted in Chapter 18.780, however, the permitted period for temporary signs may be approved to correspond to the duration of the permitted seasonal market use. 18.785.050 Application Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type I, depending on the type of temporary use for which the approval is sought. B. Additional information. In addition to the information described in Subsection A above, the applicant shall provide a site plan, narrative and other information as specified in a detailed hand-out provided by the Director. C. Emergency situations. The Director may waive any of the requirements in this chapter or request additional information in accordance with Chapter 18.390 for cases which involve destruction of an existing structure due to fire, natural causes, or other circumstances that are beyond the control of the applicant. An emergency as allowed by this subsection shall not include failure by the applicant to submit a temporary use request as provided in this Chapter.■ SEASONAL OUTDOOR SALES REVISED DEVELOPMENT CODE AMENDMENT DCA2009-00004 1/5/2010 PUBLIC HEARING PAGE 3 OF 3 • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes December 7,2009 1. CALL TO ORDER President Inman called the meeting to order at 7:05 pm. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Present: Commissioners Anderson, Caffall,Doherty, Fishel, Inman, Muldoon, Vermilyea, and Walsh Absent: Commissioner Hasman, Alternate Commissioner Gaschke Staff Present: Craig Prosser, City Manager; Dick Bewersdorff,Planning Manager; Susan Hartnett,Assistant Community Development Director; Gary Pagenstecher,Associate Planner; Cheryl Gaines,Associate Planner; Gus Duenas, Development Engineer; Sean Farrelly,Redevelopment Project Manager; Doreen Laughlin, Sr. Administrative Specialist 3. COMMUNICATIONS--In celebration of 8 years of service on the Planning Commission,there was a time of recognition of and appreciation for outgoing President Jodie Inman. 4. CONSIDER MEETING MINUTES 11-02-09 Meeting Minutes: President Inman asked if there were any additions, deletions, or corrections to the minutes; there being none, President Inman declared the minutes approved as submitted. President Inman opened the public hearing. 5. PUBLIC HEARINGS 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004. SEASONAL OUTDOOR SALES CODE AMENDMENT —Cont'd from 11-02-09 1:\LRPLN\Doreen\PC\PC Packets for 2009\12-7-09\cpc minutes 12.07.09.doc Page 1 of 12 • • President Inman read a statement from the applicant(City of Tigard) asking for a continuance of this hearing to a date certain of January 4th. Inman asked if there was anyone in the audience who had signed up to speak but could not make the January 4t" meeting. Seeing and hearing none, she said she would entertain a motion to accept the continuance. The following motion was made by Commissioner Caffall, seconded by Commissioner Vermilyea: "I move that we continue the public hearing DCA2009-00004, Seasonal Outdoor Sales Code Amendment," as requested by the applicant, to January 4, 2010." The motion CARRIED on a recorded vote, the Commission voted as follows: AYES: Commissioner Anderson, Commissioner Caffall, Commissioner Doherty, Commissioner Fishel, Commissioner Inman, Commissioner Muldoon, Commissioner Vermilyea, and Commissioner Walsh (8) NAYS: None (0) ABSTAINERS: None (0) ABSENT: Hasman (1) Inman announced that, per the motion, the public hearing on DCA2009-00004 is continued to January 4, 2010. 5.2. PLANNED DEVELOPMENT REVIEW SONIC'DRIVE-IN RESTAURANT— PDR2009-00001,VAR2009-00014 PUBLIC HEARING [PART I CDP] CONCEPTUAL DEVELOPMENT PLAN STAFF REPORT Cheryl Gaines,Associate Planner, gave the staff report on behalf of the City. [Staff reports are available to the public upon request one week in advance of any meeting.] She showed a map showing the proposed location and stated the site is located at 15300 SW Pacific Hwy. The site consists of 1.34 acres located east of Pacific Hwy, south of Naeve St. and n/w of Royalty Parkway. She noted that just to the north is Mays Auto Sales and to the south is Les Schwab Tire Center. She said the applicant is requesting a concurrent review of the concept plan and detailed plan. There will be two hearings— first for the conceptual plan and, if that's approved, they would move on to the detailed plan. By doing so, the applicant assumes the risk of rejection of the detailed plan resulting from rejection of the concept plan. 1•\LRPLN\Dome.\PC\PC Packets for 2009\12-7.09\tpc minutes 12-07.09.doc Page 2 of 12 • • Caines noted with regard to the Concept Plan: It is a two phased plan: • Phase 1 — fast food restaurant with drive through • Phase 2— second commercial building with possible drive through component (approximately 3,000 sq ft) Caines went on to say the applicant met the conceptual plan standards with one exception. There was no clear schedule proposed for both phases showing when the phases will be initiated and when they will be completed. Staff is recommending approval of the concept plan with a couple of issues that may be discussed if the Commission feels it necessary to do so. She said the plan meets the concept and standards but, looking at the site,is the Commission satisfied with the overall design? The design seems to be driven mainly by the circulation for the site and uses, and also the access points from Pacific Hwy and Royalty Parkway (shared with Les Schwab on the south end of the site off of Pacific Hwy). She said there are some regulations that say that's pretty much where it's going to be with ODOT's standards. Gaines noted there was an existing access point there, so they're sharing that with Les Schwab and there wasn't a lot of"wiggle room" on changing that access location. She said the applicant is not requesting exceptions allowed through the PD process, PD overlay was existing, not requested, the site has no natural areas to preserve and the site is quite small. QUESTIONS OF STAFF BY COMMISSIONERS: There were some questions as to the unusualness of the hearing on this project—with the two plans. Dick Bewersdorff spoke to that for a bit and wrapped it up saying "The concept --what they're proposing— does it fit the desires of the Commission and, finally, does the detailed plan meet the code requirements?" Question was asked: So we have to speak separately? Bewersdorff: "It's all part of the same hearing but you make separate decisions on each." So we can have one deliberation—but separate...? Bewersdorff: "Yes." APPLICANTS PRESENTATION: Jess Wetsel,with the Wetsel Company, the applicant, at 2123 NW Aloclek Dr., Hillsboro 97124,introduced himself& his wife/business partner/co-owner,Andrea. He apologized for having a conceptual as well as a detailed plan. He said it was something Gaines had worked with them quite a bit on. He said he appreciated the commission's understanding and Caine's work on what could have been a bit difficult for her. Andrea Wetsel gave a presentation,giving a background and overview of what the "Sonic concept" is (Exhibit A). I:\LRPLN\Doreen\PC\PCPackcts for 2009\12-7.09\tpc minutes 12 O7-09.doc Page 3 of 12 • • After Wetsel's presentation, President Inman interjected that she'd forgotten to poll the commissioners and audience regarding ex-parte contacts and jurisdiction. She apologized and said she would do it at this point (slightly out of normal order). President Inman asked if there were any commissioners who wished to abstain or declare a conflict of interest. Then were none. She asked if anyone in the audience wished to challenge any member of the Planning Commission for bias or conflict of interest. No one did. She asked the commissioners to report any ex parte contacts. There were none. Two commissioners reported site visits (Commissioners Muldoon and Anderson). No one in the audience challenged the jurisdiction of the commission. SOME QUESTIONS OF THE APPLICANT / SUGGESTIONS FROM COMMISSION With regard to the Conceptual Plan: Do you have any plans to partition the site? Most likely,yes. In fact,we anticipate that we would begin that process immediately. Would Black Rock be a drive-through? Yes. Have you looked at other sites?Yes -- countless sites. This particular site is of interest to us because it's between the Wilsonville location and our Hillsboro location. It's on Hwy 99 which is a very heavily traveled road in a fairly dense neighborhood that is underserved by restaurants. We are very excited about pursuing this particular location. Has Black Rock looked at the site plan? Yes—no feedback from them. There were some questions and concern about circulation. Bryan Cole, Landscape Architecture Manager, Associate from MacKay & Sposito, Inc., spoke to those concerns. He spoke about accommodating inbound traffic, queuing traffic, drive-through stacks, etc. There were concerns regarding the location of the menu-board possibly causing a back-up of traffic. Andrea Wetsel spoke to that. She believed it wouldn't be a problem for various reasons. President Inman suggested that the location of the second lane menu-board should be moved farther north to make it clear that it's clearly out of the path of travel. She believed people could be directed around the corner and out of the congested area. Possibly striping that clearly marks the path going around--making it very clear that this is where the travel way is. The circulation appears awkward. Coming from the south—is that a 2 way access? There are conflicting traffic movements happening. There's no reason for Les Schwab to use that. It's not anticipated that there will be much traffic from there because it doesn't really go anywhere. 1:\LRPLN\Doreen\PC\PC Packets for 20D9\12-7-09\tpc minutes 1207.09.doc Page 4 of 12 i The presumption is Black Rock Coffee being there... what amount of cars would be crossing the Sonic property? I'd guess 20% at most. PUBLIC TESTIMONY— IN FAVOR: No one had signed up and no one in the audience was there to speak in favor. PUBLIC TESTIMONY— OPPOSITION: None. QUESTIONS FROM COMMISSIONERS OF STAFF There were some general questions about the width of the driveway in the front and what is required. Gaines spoke to that question. She said the detailed plan was modified to meet the requirements. PUBLIC TESTIMONY [PART I] CLOSED: DELIBERATIONS ON THE CDP [Conceptual Development Plan] President Inman entertained comments on the general site layout, circulation, and other such issues. Muldoon: This type of business seems to me to be a retail business to occupy the area—it doesn't have any particular design that it has to conform to. I don't see any real problem with it. Caffall: I'd feel a whole lot happier if that one area was a one-way but other than that I don't see a problem with it. Which area?The drive between Les Schwab and what would be the south side of their operation. My feeling is at some point even with the stop sign up there — at some point there's going to be a point of contention with cross-traffic. Inman: That might be a fire access... Vermilyea: I concur with Commissioner Muldoon. I don't have much of an issue on the back side of the Les Schwab —my view is the two of them can work that out if the need arises down the road. I am concerned about the general flow of traffic. I understand it better now after hearing the explanations. I feel more comfortable now with regard to the south side. I'm a little bit concerned about how traffic is going to get through to the north side and then back around. I think if they move that board up, that will help. My one concern is how does moving the property 4 feet end the domino effect that impacts the traffic flow on the southern side. Maybe we could condition that for later. Beyond that, it certainly is better than what is there now. It fits in with the character of the neighborhood just fine. I know my kids will be hanging out there on Friday's. We just need to get the traffic issues nailed down. Walsh: I don't like the traffic flow. If this was strictly a concept but I know this is going back to detail. I'm not satisfied and would like to see what ODOT has to say. I:\LRPLN\Doreen\PC\PC Packets for 2009\12-7.09\tpc minutes 12-D7-09.doc Page 5 of 12 • • Inman list of concerns: I'm okay with the orientation of the buildings. I understand the general traffic flow on the site and why it's there. From a conceptual level I think I'm okay with it but at this point I think I'd require at the DDP to address the traffic flow patterns coming off of the southwest. Anderson: Okay with concept plan--would like to-see it redrawn with a 1000 sq ft footprint for the second building. It's a big lot—I just don't want it to be a quagmire where everyone gets stuck. I would approve the concept. MOTION: Commissioner Vermilyea made the following motion, seconded by Commissioner Muldoon: "I move we approve the concept plan for PDR2009-00001/VAR2009-00014 as conditioned in the staff report, and as modified as indicated by the applicant tonight with respect to expansion of the north side traffic aisles and movement of the building footprint south 4 feet to accommodate traffic flow, and moving the menu boards to accommodate additional stacking of traffic while waiting." The motion CARRIED on a recorded vote, the Commission voted as follows: AYES: Commissioner Anderson, Commissioner Caffall, Commissioner Doherty, Commissioner Fishel, Commissioner Inman, Commissioner Muldoon, Commissioner Vermilyea, and Commissioner Walsh (8) NAYS: None (0) ABSTAINERS: None (0) ABSENT: Hasman (1) PUBLIC HEARING [DDP PART III DETAILED DEVELOPMENT PLAN At this point the hearing continued but this time with regard to Sonic's DDP [Detailed Development Plan]. ADDITIONAL STAFF REPORT SUPPLEMENTATION: Cheryl Caines,Associate Planner, gave the supplemental staff report. She noted the following: > Only for Phase I o 1,728 sq ft Sonic on south side of site o 990 sq ft patio dining area I:\LRPLN\Doran\PC\PC Packets for 2009\12-7-09\tpc minutcs 14-07-09ctoc Page 6 of 12 • • o 26 in car dining spaces > Phase 2 detailed plan at a later date with possible Minor Land Partition > Originally there was a request for an adjustment to exceed the maximum allowed parking standard allowance for that site, but under review it was determined that that adjustment was not necessary because if you add the square footage of the covered patio which counts towards square footage—it actually gets the applicant above the actual number of spaces they've proposed with this detailed plan so that isn't actually necessary. ➢ Staff is recommending approval with conditions: o Tree canopy for the site (soil and species) o Staff is recommending one freestanding sign because the two phases are dependent upon each other, not separate developments— only one sign. o Wheel stops — some sort of protection for people walking on the walkway. > Proposed changes from Public Works. [Caines distributed a memo and some comments (Exhibit B) that had been received from Public Works after the application packets had been mailed out to the commissioners. Because of those comments staff proposed some slight changes. o An amendment to condition 12 & condition 33 (See Exhibit B). Gus Duenas, Development Engineer, said he wanted to make sure the applicant is conditioned to extend the sidewalk south of the property on the Les Schwab frontage and SW Royalty Parkway to close that sidewalk gap. That would need to be completed before the final building inspection. That would be about 260' over the existing sidewalk. APPLICANTS PRESENTATION WITH REGARD TO THE DETAILED DEVELOPMENT PLAN The applicant quickly went through the rest of the PowerPoint. At this point, Fred Harris, Architect with Carlson Veit, in Salem,was introduced and after him Chris Tiesler of Kittelson &Associates would speak. The applicant said he remained hopeful that at the end of the hearing they would have an approval with conditions to make the changes and they can move forward as they'd been working for several months and have a consider amount invested in this process. He said they strongly desire to move the project forward that night if at all possible. Harris talked about the wheel stops. He said spaces on the south side do not have wheel stops primarily as safety for the employees who are on roller skates. He said the call box and the order box for ordering food is right beside the driver's window and that call box is placed a distance from the curb so when they stop there to order, they are well away from the curb. He said if the wheel stops are needed to proceed, they can do that, but they believe that would be a safety hazard. He spoke about the access aisle and said he hopes they can ]:\LAPIN\Doreen\PC\PC Pallets for 2009\12.7-09\tpc minutes 12.07-09.doc Page 7 of 12 • • make it a single lane on the backside of the restaurant. They'd like to have that space. He said they would provide a minimum of 4 bike spaces. Bryan Cole, a landscape architect with MacKay& Sposito, 1325 SE Tech Center Dr., Vancouver,WA spoke in response to the condition regarding trees. He said he is working with their arborist and the City's arborist. He spoke about soil volume, irrigation, and tree canopy. Chris Teasler, from Kittelson&Associates, the applicant's traffic engineer, responded to some of the things he'd heard. He spoke about access, queuing, and the one-way driveway into their site. He spoke about the general concepts on the queuing and overall amount of traffic. In the analysis, they were fairly conservative. 110 to 115 cars coming to the site averaged out. Two menu tables would help during the peak time periods. 70% of the traffic is anticipated to come from Hwy 99W. So the concern about the queuing on the outside one for people coming in off of Royalty has been noted but because of the distribution to the site with only 30% of the vehicles coming from Royalty Parkway— the ability for someone to get into that queue will be minimized. Inman questioned the applicant about whether they'd ever considered the possibility of a using a "green roof." He answered "No." She asked if that had ever been done at any of their facilities. He answered "No ma'am. Not that I'm aware of." PUBLIC TESTIMONY IN FAVOR OF APPLICATION: None. PUBLIC TESTIMONY IN OPPOSITION OF APPLICATION: John Frewing, 7110 SW Lola Lane, Tigard, spoke against. He would like a planter strip between Hwy 99 in front of Les Schwab and the sidewalk. With regard to trees, he's interested that there is an irrigation system for the trees. He would like the applicant to come in.with a 15 year canopy goal for the site - possibly permeable pavement (where roller skates don't go.) Lastly, regarding block size 330', he is concerned it is longer than the standard code. APPLICANT REBUTTAL: "Some of the concerns are outside the scope of my control. Planting strips on other people's property, namely, Les Schwab-- I don't control that. Block size--I can't control that. Practically, what we're doing is extending the sidewalk where there is now just a ditch. We are improving the property and providing pedestrian crossways through the property from Royalty to Hwy 99... so I understand that perhaps from certain perspectives,we can always do more. I believe we've done what we can do here." CLOSED PUBLIC TESTIMONY f:\LRPLN\Doceen\PC\PC Pockets for 2009\12-7.09\tpc minutes 12.07-09.doc Page 8of12 • • DELIBERATIONS FOR THE DDP Commissioner Caffall said the "green roof'will simply not work unless you're going to build substantial pylons to hold up a roof that doesn't work in the northwest because of our volume of rain; buildings come tumbling down with green roofs. He believes the applicant has gone out of their way to make the property nice and believes they'd be a great addition to the City. Commissioner Doherty agreed regarding both the green roof and believes the landscaping and such will help the area. Commissioner Vermilyea believes they should agree to waive staffs recommendation... in other words —no wheel stops on the south side is fine. He thinks the use for a drive-in that's got carhops —wheel stops tend to make it difficult to accomplish that. Commissioner Fishel said she heartily agreed with that. At this point, President Inman gave a synopsis of the conditions that staff had recommended [that she'd been tracking]: ➢ Wheel stops — they all agree— no. Remove that condition. ➢ 1 versus 2 free standing signs— they agree on this one. Condition remains. ➢ Tree Canopy— they'd like to leave condition #1 in as is. ➢ Three Public Works Conditions o #12 regarding water meters will stay; o #33 regarding the maintenance of the water quality facility will stay; and o an additional condition to extend the sidewalk on SW Royalty Parkway across Les Schwab to close the sidewalk gap to the existing sidewalk - remains. So those are the existing conditions right now; other issues? ➢ Extend and add the conditions that they work with Les Schwab to explore opportunities to minimize that access to be able to accommodate the additional floor (inaudible). MOTION: Commissioner Vermilyea made the following motion, seconded by Commissioner Doherty: "I move that we approve the application PDR2009-00001/VAR2009-00014, the Detailed Development Plan and the adoption of the findings and conditions of approval contained in the staff report as amended on the floor this evening, with the exception that the requirement that there be wheel stops on the south side of the building is removed; they must comply with the Development Code sited on the findings specifically to extend the sidewalk on the parkway side to provide the I:\LRPLN\Doreen\PC\PC Peckcn for 2009\127-09\tpc minutes 12-07-09.doc Page 9of12 • • amended and additional conditions set forth in Cheryl Caines memo dated 12/7/09; they are going to expand the travel aisle on the north side of building to 14'in width to accommodate cars entering and exiting parking stalls; and move the building footprint south 4 feet to accomplish that goal. They will move the menu-boards on the drive-through lanes to the north to allow for additional stacking and will work with Les Schwab to accommodate improved traffic flow, including the consideration of reduction of that lane and turning it into a one-way lane." The motion CARRIED on a recorded vote,the Commission voted as follows: AYES: Commissioner Anderson, Commissioner Caffall, Commissioner Doherty, Commissioner Fishel, Commissioner Inman, Commissioner Muldoon, Commissioner Vermilyea, and Commissioner Walsh (8) NAYS: None (0) ABSTAINERS: None (0) ABSENT: Hasman (1) SHORT RECESS 5.3 DOWNTOWN URBAN RENEWAL DISTRICT CODE AMENDMENTS CPA2009-00003, DCA2009-00005, Z0N2009-00001 STAFF REPORT Sean Farrelly, Redevelopment Project Manager, explained why this was coming to the commissioners once again since there was a hearing previously held on this very thing back in October 19th. He said he'd indicated in a memo [that he'd sent to the commissioners in their packets] that they'd finally come to an understanding with ODOT that resulted in a major change in the proposed code. Also, they wanted to make sure that proper notice was provided under Measure 56. He asked that the minutes and staff report from October 19th be entered into the record. He said, for purposes of the record, this will be considered the first public hearing. He went through the proposal using a PowerPoint presentation (Exhibit C). At the end of his presentation, Farrelly went over the following changes [since the prior Planning Commission meeting of October 19th]. > Discussions with ODOT on potential impacts of 8-story development in Hall/99W sub-area. I:\LRPLN\Do ccn\PC\PC Packets for 2009\12-7.09\tpc minutes 12-07-09doc Page 10 of 12 • • ➢ Due to potential increases in trip generation, new proposal will revert to the maximum building heights permitted under the properties' existing zoning (80 feet for properties currently zoned CBD, 45 feet for properties currently zoned C-G and C-P. ➢ The boundaries of the Hall/99W sub-area were re-drawn to separate out the properties currently zoned CBD and those zoned C-G and C-P. ➢ The boundaries of the Hall/99W sub-area were re-drawn to separate out the properties currently zoned CBD and those zoned C-G and C-P. ➢ The proposed front setback reduced from 10 feet to 5 feet. ➢ Changes incorporated into new draft 5.2. QUESTIONS OF STAFF BY COMMISSIONERS Can you remind me of sidewalk width when redevelopment happens on Hwy 99? It is 10 feet. And then the street tree requirement will be there as well? Yes. PUBLIC TESTIMONY— IN FAVOR Alexander Craghead, 12205 SW Hall Blvd., Tigard, OR 97223 spoke in favor. He read a written statement [Exhibit D.] PUBLIC TESTIMONY—IN OPPOSITION: None. PUBLIC HEARING CLOSED DELIBERATIONS —Nothing further. MOTION: Commissioner Vermilyea made the following motion, seconded by Commissioner Muldoon: "I move we recommend approval of CPA2009-00003, DCA2009-00005, ZON2009- 00001 to City Council." The motion CARRIED on a recorded vote, the Commission voted as follows: AYES: Commissioner Anderson, Commissioner Caffall, Commissioner Doherty, Commissioner Fishel, Commissioner Inman, Commissioner Muldoon, Commissioner Vermilyea, and Commissioner Walsh (8) I:\LRPLN\Doreen\PC\PC Packets for 2009\12-7.09\tpc minutes 12-07-09Aoc Page 11 of 12 • • NAYS: None (0) ABSTAINERS: None (0) ABSENT: Hasman (1) 6. STUDY SESSION PREPARING FOR JOINT MEETING WITH COUNCIL REGARDING TREES (SCHEDULED FOR JANUARY 19TH). Associate Planner,John Floyd, on behalf of the City, led a discussion about the upcoming joint meeting. It will be a workshop— Floyd noted that generally they don't take public input at these joint meetings. Vice President Walsh suggested that basically they walk the Urban Forestry Master Plan by Council and get their thoughts on it. Commissioner Doherty said she didn't really know what they, as a body, thought about this. Commissioner Vermilyea suggested that they get together again and get on the same page— or at least understand what they all think, since they hadn't discussed this topic in 18 months or so. There were several things brought up that they, as a body, hadn't really talked about. It was decided that this study session would continue on January 4, 2010 for further discussion. 7. OTHER BUSINESS—Photographs were taken of the commissioners on the Dias for the Comprehensive Plan land-use chapter. 8. ADJOURNMENT President Inman adjourned the meeting at 10:30 pm. Doreen Laughlin,Planning o 's ion Secretary ATTES LPresi.ent Jodi- Inman atae kg4 1:\LRPLN\Doreen\PC\PC Packets for 20D9\12-7-09\tpc minutes 12-07-09.doc Page 12 of 12 • • -7' PLEASE SIGN IN HERE Tigard Planning Commission zA Agenda Item # ;c4 I Page _1 of 1 Date of Hearing —09 Case Number(s) c> 2.cy--)°‘— C7�-f qq Case Name `e'. Sov,<:,.k aLkoko ter- Qock Location Ck-''c c 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: Name: Address: Address: � City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, Zi p � 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: if, .. ..: City of Tigard 0':;:;,r yT1',GARD' Planning Commission m Agenda MEETING DATE: December 7, 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 (Recognition of President Inman for 8 years of serving on the P.C.) 7:02 p.m. 4. CONSIDER MINUTES 7:12 p.m. 5. PUBLIC HEARINGS 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004 7:15 p.m. SEASONAL OUTDOOR SALES CODE AMENDMENT.— "CONTINUED" from 11/02/09 5.2 PLANNED DEVELOPMENT REVIEW (PDR) 2009-00001/ADJUSTMENT (VAR) 2009- 00014, SONIC DRIVE-IN RESTAURANT 7:20 p.m. 5.3 DOWNTOWN CODE AMENDMENTS (CPA 2009-00003, DCA2009-00005, ZON2009- 00001) 8:20 p.m. 6. STUDY SESSION RE:JOINT MEETING WITH COUNCIL ON TREES 9:20 p.m. 7. OTHER BUSINESS 9:45 p.m. 8. ADJOURNMENT 9:50 p.m . PLANNING COMMISSION AGENDA— DECEMBER 7, 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 • City of Tigard TIGAIZD Planning Commission — Agenda — Revised MEETING DATE: November 2, 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 7:08 p.m. 5. PUBLIC HEARING 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004 7:10 p.m. SEASONAL OUTDOOR SALES CODE AMENDMENT — "CONTINUED" from 10/19/09 6. WORKSHOP —TRANSPORTATION SYSTEM PLAN BRIEFING 8:10 p.m. 7. OTHER BUSINESS — Suggested goals for City Council to consider for next year. [Refer to Comp Plan whenever possible] 8. ADJOURNMENT PLANNING COMMISSION AGENDA—November 2, 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 • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes October 19,2009 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 Present: Commissioners Anderson, Caffall, Doherty, Fishel, Hasman, Inman, Muldoon, and Vermilyea Absent: Commissioner Walsh, Alternate Commissioner Gaschke Staff Present: Community Development Director Ron Bunch Assistant CD Director Susan Hartnett Planning Manager Dick Bewersdorff Downtown Redevelopment Manager Sean Farrelly Associate Planner Gary Pagenstecher Senior Administrative Specialist Doreen Laughlin 3. COMMUNICATIONS - none 4. CONSIDER MEETING MINUTES 10-05-09 Meeting Minutes: President Inman asked if there were any corrections, deletions, or additions to the minutes; there was one correction (Commissioner Doherty's name had inadvertently been misspelled), President Inman declared the minutes approved with the noted correction. 5 PUBLIC HEARINGS 5.1 DOWNTOWN TIGARD CODE AMENDMENTS COMPREHENSIVE PLAN AMENDMENT (CPA)2009-00003,DEVELOPMENT CODE AMENDMENT (DCA) 2009- 00005,ZONING MAP AMENDMENT (ZON) 2009-00001 1:\LRPLN\Doreen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutes.doc 1 • • STAFF REPORT Senior Planner Sean Farrelly gave the staff report. (Staff reports are available to the public one week before the scheduled meeting.) Farrelly went over a PowerPoint presentation (Exhibit A). QUESTIONS OF STAFF & COMMENTS FROM COMMISSIONERS What if the City of Tigard and ODOT can't come to an agreement? Are we . mandated by law to comply with whatever ODOT decides to throw down — how does that work? There's a risk they could appeal this to LUBA but I don't see that happening. We're working with them on multiple projects including a couple hundred thousand dollar grant that's going to be looking at the lanes on the 99W corridor. We want to keep them happy but we have our own aspirations as well. I think we'll be able to meet their concerns and prove to them that the zoning that's there now is not being utilized to its full use. Specifically, what were some of the concerns ODOT had? It's the concern that they have two facilities Hwy 99W and Hall Blvd - if there's maximum build-out under this proposed code, there could conceivably be a lot more people driving cars on their facility, making traffic worse. We argue that this is a town center and it will be pedestrian oriented. We feel a big percentage of the people who choose to live in the Downtown area in the future will use the transit;will use the WES commuter service; and will potentially use any future light rail that might come down the 99W corridor. ODOT expresses these concerns to pretty much every community that tries to increase density. TESTIMONY IN FAVOR Alexander Craghead, 12205 SW Hall Blvd., Tigard who is also the Vice-Chair of the City Center Advisory Commission (CCAC), and a member of the body that helped draft the code, read a statement (Exhibit B) acknowledging and thanking the people and the process that brought the draft downtown land use code to this point. TESTIMONY AGAINST Gary Haagen, 2514 SE 112 Ave., Vancouver, WA 98664 (owner, since 1989, of lot 5 - Payless Shopping Center at the corner of Pacific Hwy and Main Street). He's had the property for sale for more than a year. He said obviously the economic conditions up to this point have been challenging for commercial properties. He said two things are happening simultaneously. He noted he's not really "against" this, but had to choose— "for, or against" to sign in. He really just wanted to state a problem he has and was hoping there's a solution. Haagen testified as follows: The road is being expanded from Pacific Hwy towards my property and they're also moving in from Main Street as well. Up until just the same time I I:\LRPLN\Doreen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutes.doc 2 • • got the notice of this hearing, I got them practically the same day, I'd never actually received a detailed map showing me exactly what they're doing but they're taking more of my land then I would have anticipated based upon the markings that I'd seen out in the street and that sort of thing. I called the City to find out what the set-back requirements are under this new zoning— and it expands the set-back requirements. If I understand it correctly, my current zoning allows me a 5' set-back— the new zoning would be a 10' set-back. My property is a little less than 15,000 sq ft and the goal of me selling this building, and with the land value and the appraisals I've had, is that my building could actually be doubled, based upon my understanding of what I owned previously. The building there now is 1,290 sq ft, my CC&R's say the building could be up to 2,800 sq ft. Based upon my appraisals and my realtor— the idea was to try to find a buyer that would want one of two things — either destroy the current building and build a new building that would meet those requirements, or add on to the existing building and up until, maybe now, there's been sufficient ability to expand towards Pacific Hwy. I guess what I'm wondering is —is there any way I can be considered for a "grandfather" so that my set-back is maintained at the 5' and then I'd realize I'd have to deal with the state about expanding the road as a separate issue. Both of these two things happening simultaneously are resulting in an adverse economic effect on my property. Could I answer any questions? QUESTIONS OF HAAGEN TESTIMONY BY COMMISSIONERS & STAFF Sean Farrelly, Downtown Redevelopment Manager, explained what could be built under the proposed code. He said it may not be a feasible scenario now but in the not too distant future, especially if high capacity transit goes into the corridor, could make Haagen's property much more valuable. He said, as with any code, there may be some negative effects, but the positive impacts would outweigh that. Haagen: It's hard for me to assess that other than... you know I only own a small piece of property and to destroy the building and then build again— at most it could be 2,800 sq ft— at most. So it'd be hard to build very high. The way I look at it, I can only see economic disadvantage —no economic advantage. Commissioner Vermilyea to staff: Is there a way a property owner can have issues addressed individually... is there a variance process? A Grandfather process? Some kind of process where we can deal with individualized issues? Farrelly: Couple things, there is a variance process that would be identical to the rest of what is permitted in our code. There's also an adjustment process in the new code. In addition, there are exceptions identified in 18.610.045 "Exceptions to Standards" [page 33 of "Proposed Downtown Tigard Code Amendments"]. Haagen questioned the right-of-way appraisal process. He wondered how to get a true value. I:\LRPLN\Doreen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutes.doc 3 • • Ron Bunch, Community Development Director, spoke to the right-of-way appraisal process explaining that is a state and county process. He said the City is working with ODOT and the county. He said the 10 foot set-back is a standard with a 20% possible exception, so that could be reduced to 8 feet. That's as much dimensional "give" that we have in the standards right now. The right-of-way appraisal process is entirely separate from the planning process. Farrelly pointed out that the proposed code allows a 90% maximum site coverage; the current code allows 85% so you're able to cover 5% more of your lot. At this point Haagen asked what the "process" is regarding this. President Inman explained that they would take more public testimony, deliberate, have questions of staff, and then make a recommendation to City Council. She said he could also testify to City Council at the public hearing on December 8th. In the meantime, he could consult with staff to get a little better idea of what the effective usefulness of his property might be within the code. Haagen asked if the City Council would be aware of his testimony tonight. Inman said it would be in the minutes and in the record— so long as they read it. Inman asked if there was anyone in the audience who wished to speak either for or against. Jim Andrews, Nicoli Engineering, 9025 SW Center Street, spoke [but had not signed in]. He said his was more of a question focused towards Farrelly. He said "Center Street has been put in a sub-area with Main Street. I understand it needed to go somewhere and I guess that makes sense. My only question is — the standards on Main Street aren't always applicable to what I can see the character of Center Street being (or is). So I want to verify that the variances are still applicable to some of the zoning guidelines and the development standards that you've made and is the 20% reduction applicable to those design standards —not so much set-back but as facade issues and those kind of guidelines?" Farrelly answered: There is a discretionary design due process which would allow an applicant to propose something different from the standards. That's one of the tracks we have. The 20% reduction is not applicable to the design standards —just the set-backs. "What is the criterion of acceptance of modification?" Farrelly: It's very discretionary. There will be a design review board. In the interim there may be a sub-committee of the Planning Commission. There will be a designated design review body. They will judge against the design objectives towards the end of the code amendments [page 34]. They're just statements of intent of what we're looking for and the applicant would have to show how their proposal meets that. There will be multiple ways of showing that. QUESTIONS OF STAFF BY COMMISSIONERS With regard to the design review board— how are we going to make that known to the public who may wish to follow track 3 and have a.discretionary design review? I:\LRPI,N\Doreen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutes.doc 4 • • By the time Council (hopefully) adopts these code amendments, we'll explicitly talk about that as well as our ideas on how a design review board would work, and the long term transition to an independent board. Ron Bunch added that Council has the authority under Municipal Code essentially to appoint a body that has land-use regulatory authority. Our proposal essentially, when we complete this, is to draw a series of proposals for Council, and the Planning Commission both, to consider. It would happen through a Council deliberation and appointment process. PUBLIC HEARING CLOSED DELIBERATION President Inman noted the Downtown Code Errata that Farrel ly had distributed earlier (Exhibit C) is basically updates to the code that was sent out in the earlier packet to the Commissioners. She also noted the fact that it would need to also be included in any recommendation. She said it would also be good to include in the amendment some instruction for staff to continue to develop ways to address ODOT's concern for greater density. There were no further deliberations. MOTION The following motion was made by Commissioner Muldoon, seconded by Commissioner Vermilyea, as follows: "I move for a recommendation to City Council, based on the findings that are in the staff report, to approve CPA2009-00003, DCA2009-00005, and ZON2009-00001; cognizant of the errata for the Downtown Code; and with a stipulation asking staff to work with ODOT to maximize towards target density as requested. The motion CARRIED on a recorded vote, the Commission voted as follows: AYES: Commissioner Anderson, Commissioner Caffall, Commissioner Doherty, Commissioner Fishel, Commissioner Hasman, Commissioner Inman, Commissioner Muldoon, and Commissioner Vermilyea (8) NAYS: None (0) ABSTAINERS: None (0) ABSENT: Commissioner Walsh (1) I:\LRPLN\Doreen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutes.doc 5 • • 5.2 DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004. SEASONAL OUTDOOR SALES CODE AMENDMENT STAFF REPORT Associate Planner Gary Pagenstecher went over the staff report on behalf of the City. (Staff reports are available to the public one week before the scheduled meeting.) QUESTIONS OF STAFF & COMMENTS FROM COMMISSIONERS Is there a City goal of having a single "Tigard Farmer's Market?" Pagenstecher: The Comp Plan calls for Farmer's Markets Downtown. That's a goal expressed in the Comp Plan. I think in the staff report we find this language allowing for a Farmer's Market consistent with that goal. Do we have a specific plan to provide a certain area in City owned property? No. Bunch interjected that a city can provide a place/opportunity for a Farmer's Market. He said it's very rare for a city to be the actual sponsor of a Farmer's Market kind of activity. Cities throughout the state in our research and experience worked with the organizations that establish a charter (inaudible) Farmer's Market. It is a City goal to provide opportunities for Farmer's Markets who operate in a community. So what I'm hearing is it's possible for several Farmer's Markets could be operating in the City at the same time? This has me concerned - so on any Saturday and Sunday— are we talking about a Farmer's Market at the Grange, a Farmer's Market Downtown, and maybe a Farmer's Market someplace else within the confines of the City all at the same time? Bunch: This provides the opportunity for that to happen if the market will allow it to occur according to the specific criteria, yes. Commissioner Vermilyea said he had a technical question— [Re: Page 6 of 10 — 18.785.020]. What do you mean by the word "charter"? Is that meant to be a licensed, registered, non-profit with the state corporation division —is that what the intent is there? Or is there some other charter that I'm not aware of? Is the City intending to issue a charter? No. So my suggestion then would be to put in language something along the lines of a public service or non-profit organization duly and properly licensed by the State of Oregon — or something along those lines because in order for a non-profit to operate legally in Oregon you have to register and file annual reports with the state corporations division. So something along those lines to me seems to be a more specific set of language than "charter". Commissioner Doherty— So, in other words, when you talk about charter your intent was an organization that has a charter, a by-laws, a constitution, that kind of thing? 'ALAN,N\Doreen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutes.doc 6 • • Or was your intent that they had some recognition from the state? I really think that needs to be defined—I agree with Commissioner Vermilyea. Pagenstecher -We ran this by the City Attorneys and they had no problem with this language. Neither did they didn't suggest another language. They can be chartered public . service —in other words by-laws and documents that they have this organization and operate under these rules, or they can be a non-profit organization. QUESTIONS OF APPLICANT TESTIMONY IN FAVOR: Phil Yount, 11222 Cottonwood Lane,Tigard—introduced himself as the "treasurer/janitor/rental manager" of the Tigard Grange. He's also a 17 year resident of the City of Tigard. He wanted to publically thank Ron Bunch and Gary Pagenstecher for their recognition of the problem confronting the Tigard Grange last spring and summer when they wanted to implement a Farmer's Market activity on the Tigard Grange property and were not allowed to do so for longer than 30 days. When asked how the Tigard Farmer's Market could operate for longer than 30 days, he said they didn't really have an answer to that question— and thus, this meeting tonight. He said the Grange needs to have a way to earn funds to support the activities at the Grange. He hopes that the Planning Commission will see fit to recommend this to the City Council and they will end up passing it so that a year from now they can implement their Farmer's Market. He said he was concerned about one thing in the staff report. The one that says they will need to enumerate how they are satisfying all these different things, like visual access, parking, so on and so on. He said he's relatively confident they can do it but whether they can write it— they don't have writers and if they have to hire an attorney to write that application for them, that might be somewhat of a disadvantage... but they might just have to overcome it. He ended saying he encourages them to recommend this to the City.Council. QUESTIONS OF YOUNT: What's your take on actually calling out specific months (such as May to October) as opposed to just giving a specific duration of time? We would probably be happier if it said "April to October" but I'm satisfied with May to October. That would fulfill all the requirements that we currently have. We have a strawberry vendor that works within the 30 day requirement. We also have a Christmas tree vendor that works within the 30 day requirement. If we could have the six months — seven would be better —but I don't think that's a critical need. Do you have concerns with dealing with traffic that might be coming in and out of the grange during the market on Hwy 99? No —because we have entrance and egress as it stands and we have to deal with that during the Christmas tree season and the strawberry vending season as it is and haven't had any particular complaints about that. I:\LRPLN\Dorccn\PC\PC Packcts for 2009\10-19-09\tpc 10-19-09 minutcs.doc 7 • TESTIMONY AGAINST Mr. Stan Baumhofer, PO Box 230421, Tigard 97281, President of the Tigard Area Farmers Market at 12950 SW Pacific Hwy, said he signed up as "against" the proposals, not so much that he's against anything that is proposed in the current code, but more the concept is that the more regulations you provide, the less chance a new business has of starting. His testimony is as follows: We have no objection to the grange having a market or any other body— so far as we're concerned—the more the better. Like a gas station on 4 corners. Some of the things being considered should include a definition of what a Farmer's Market is. To make it easier on staff so that if someone comes to the counter, there should probably be a definition of what's a "bazaar," and what's a "food cart", what's a "Farmer's Market," what's a "garage sale" — so there's a definition as to where this potential applicant falls into your codes here. Also — considering whether it's a business for profit or a business not for profit. We started ours as a civic event and a venue for other non-profits to come at no charge by the market to display whatever they had—the Boy Scouts, the Chamber, the Red Cross Blood Drive, or the City itself, when it's promoting an issue, we're glad to have you there at no charge — cause that's what we're all about. We're run by volunteers —we do hire a manager for the actual market— I'd like to introduce Pat Benson here. She is our Market Manager. Whether the organization is a profit or non-profit should be of some concern. If Landmark Ford came in and said they wanted to have a market in their parking lot on Saturdays - that might be a separate concern or issue as to whether in comparison to a non-profit such as ourselves who are here for a civic purpose. We are registered with the Oregon Corporation Commission as a tax-paying corporation and we file a tax return every year. If we were to get to specific issues here I have a couple points. Specifically: the code exempts markets and,yet you're trying to put allowances for temporary uses. If you want to talk about a timeframe in the context of running a market, I think it should say something like"less than a year." That way you don't have to worry about it being May 10th or May 12th or May 20th or something that specific. So you say less than a year—are you expecting us to come in every year and pay a new fee each time we renew our license? Is this code intended just to generate some more revenue for the City and therefore run up the expense of the Market itself? Limiting the type of products to be sold is another can of worms because —where do you stop — or where do you start on the different types of items to be sold. And if we do need approval every year, would you expect a fee from us? As to a new market starting and having to do a lot of studies... a "traffic study" — obviously we want to be concerned about the traffic but if you require so many studies — they're spending 4, 5, 7, 8, $10,000 just to go into business — they're never going to go into business. That is contrary to what I think the City should be doing. We've had over 75,000 people at our markets this summer—we compete with the Balloon Festival. Signage is an important thing for a market to succeed. What we would like to have is a permanent sign that says "This is the Home of the Tigard Area Farmer's Market" so I:\LRPLN\Doreen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutes.doc 8 • people could contemplate 12 months of the year where we are and where we're going to appear when the market products come into vogue. QUESTIONS OF MR. BAUMHOFER With respect to the timeframe - is May to October as enumerated in the statute sufficient? Is it better to make it April to October as Mr. Haagen suggested, or is it best to make it a range of 6 months, or 7 months, in terms of how you're going to operate and when you're going to operate? That pretty much hinges on what your product is going to be. If you're going to sell something that's winter month oriented, you require during that time of year and that's why I say you can't guess correctly and fit all... one size doesn't fit all. We found that those six months from the middle of May to the end of October fits the kind of product that we are focusing on. That might not always be true for us or some other market. So are you suggesting that we change it to be a range of a number of months to give that kind of flexibility? With any 12 month period I think would be the flexibility that would work best. At this point, President Inman asked if anyone else was in the audience who wished to testify. There were none. QUESTIONS OF STAFF Regarding the criteria— they could tend to lean toward being onerous... such as letter "C," the traffic study. It could be a very expensive endeavor. That and "D," documentation that there is no adverse off-site impacts etc. How do you achieve that without paying consultants, and experts, and studies? I do see that, depending on how this is interpreted,you could end up spending thousands of dollars documenting something. Is there a way to soften the language so an applicant can address their plan and these concerns and then the planning director or somebody can require further documentation if they deem it necessary -to sort of allow somebody to "get in the door"? Pagenstecher: Not every site will have the same set of problems. It's entirely appropriate to attempt to make these standards achievable by non- profits who are doing something maybe once a week. I'd like a common sense approach — a less onerous approach. We need to take another look at these 5 criteria of 18.785.040 No. 6. And come up with a way to get to what you're talking about because I don't think the language that's in there now, gets there. Can you wordsmith this so that the goal is workable — allowing permitted uses for both of these entities? Yes —we can certainly do that. We have a few months until May to work this out. I:\LRPLN\Dorccn\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutes.doc 9 President Inman asked for a general consensus from the Planning Commission. If I'm hearing this correctly, we'd like to go back and address these approval criteria, see if we can soften them up, get more of a sliding scale — something in there that's a little more potentially "user friendly." Is that correct? The Commission concurred. Commissioner Vermilyea added one thing that he wanted to be specific criteria — and that would be a call out for hours of operation. So the way it's written right now the modification is good for one year? So would they come in every year for a modification? Yes— they would renew it each year. What are the fees associated with that? Currently non-profits have no fees for renewal. PUBLIC HEARING CLOSED DELIBERATION The commission decided to continue this meeting and deliberations to November 2nd. 6. OTHER BUSINESS —None. 7. ADJOURNMENT President Inman adjourned the meeting at 8:50 pm. Doreen Laughlin,Planning Commis 9 Secretary A I EST: President Jodie Inman I:\LRPLN\Doreen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutes.doc 10 • • PLEASE SIGN IN HERE v Tigard Planning Commission _ . Agenda Item # S. Page k of Date of Hearing k 0-1`k-Cpl Case Number(s) OC AB C\- OcO Case Name ` ( 1 door 1/4, es �zAe &-'- Location C-C) *' C 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: r '�' ` 4/4/i/7' — Name: r74,iiv / Address: /7Z,22 $/f/ .14fJ 1%% Address: ,ez bey 2--30 City, State, Zip: i , 97Z City, State, Zip:�� � re ' 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: • 0 71 . " City o f Tigard , = r f, Planning Commission — Agenda -TI 1 ARD' --`44"-- Y u.,_..-...r .0 .r rra .. v- .. '- . .. s. - a - _. ._Y .__..s.. e., n •.. a ... - -- ...vr .. _ -. .... MEETING DATE: October 19, 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 7:08 p.m. 5. PUBLIC HEARINGS 5.1 DOWNTOWN TIGARD CODE AMENDMENTS 7:10 p.m. COMPREHENSIVE PLAN AMENDMENT (CPA) 2009-00003, DEVELOPMENT CODE AMENDMENT (DCA) 2009-00005, ZONING MAP AMENDMENT (ZON) 2009-00001 5.2 DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004 8:10 p.m. SEASONAL OUTDOOR SALES CODE AMENDMENT 6. OTHER BUSINESS 9:10 p.m. 7. ADJOURNMENT 9:20p.m. PLANNING COMMISSION AGENDA— October 19, 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: S , Hearing Date: October 19.2009 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION "ao FOR THE CITY OF TIGARD OREGON . SECTION I. APPLICATION SUMMARY CASE NAME: SEASONAL OUTDOOR SALES CASE NO.: Development Code Amendment (DCA) DCA2009-00004 PROPOSAL: The City of Tigard requests approval for a development code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by public benefit/community service organizations. APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONES: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses,including but not limited to adult entertainment, automotive equipment repair and storage, mini- warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations,are permitted conditionally. *CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown,including a mix of civic,retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations,are permitted conditionally. *Note: The CBD zone is scheduled to be enlarged and rezoned MU-CBD when the Council reviews and, if acceptable, approves the Downtown Code Amendments on December 8, 2009. Therefore, the proposed revision to the Temporary Use Chapter text which identifies the applicable zones for seasonal markets includes the new zone in anticipation of its adoption by Council (18.785.040.2,page 7). LOCATION: Land zoned General Commercial (C-G) and Mixed Use-Central Business District (MU- CBD). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goals 9.2.1 and 9.3, Economic Development; Goal 15.2, Special Planning Area- Downtown; and Statewide Planning Goals 1, 2 and 9. SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMF,NDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPOR'1"I'O TI-IE PLANNING COMMISSION PAGE 1 OF 10 • • SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find in favor of the proposed text amendment providing for seasonal markets by public benefit/community service organizations,with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. SECTION III. BACKGROUND INFORMATION Earlier this year, the Tigard Grange proposed a seasonal outdoor sales event at its property on Highway 99W to occur on the weekends through late spring to early fall. This was proposed as a "farmer's market" type of activity with vendors using Grange property in exchange for a fee. The purpose was to raise funds to repair the Grange building and support the organization's activities. However, the Community Development Code does not allow seasonal or special events of the duration (in excess of 30 days) proposed by the Grange nor did the proposal qualify as an exemption granted when seasonal events are conducted by and totally for the benefit of a Tigard-based nonprofit organization. Instead, staff had to consider the request as an outdoor commercial use, which would require substantial and expensive site improvements. The Grange felt this was disproportionate with the intensity of the use proposed. Therefore, in order to make it possible for the Grange and other public benefit/service organizations such as the Tigard Area Farmers Market to hold season-long events, the Director requested Council's approval to initiated a code amendment. On July 21, 2009, City Council held a Workshop meeting to discuss the initiation of the code amendment to expand opportunities for outdoor sales events by public benefit/community service organizations. Councilors acknowledged the code currently does not address temporary outdoor sales sufficiently and mentioned specific issues that should be addressed upon expansion of the use including parking, visual clearance, neighborhood impact and prohibition of flea markets and garage sales. Additionally, staff discussed a draft code amendment with representatives of the Tigard-Area Farmers' Market and Tigard Grange,whose comments have been addressed in this report. SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states that legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. The proposed text amendment would apply to all C-G and MU-CBD zoned lands within the City. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. Section 18.390.060.G establishes standard decision-making procedures for reviewing Type IV applications. 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 and conclusions are provided below for the five listed factors on which the recommendation by the Commission and the decision by the Council shall be based. SEASONAL OUTDOOR SALES DEVI?LOPMRNI'CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 10 . • STATEWIDE PLANNING GOALS AND GUIDELINES 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. This goal has been met by complying with the Tigard Development Code notice recuirements set forth in Section 18.390. A notice was published in the Tigard Times newspaper prior to tl-ie hearing. After the Planning Commission public hearing, additional notice will be published prior to the City Council hearing. Two public hearings are held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Comprehensive Plan. As discussed within this report, the Development Code process and standards have been applied to the proposed amendment. Statewide Planning Goal 9—Economic Development: This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare, and prosperity of Oregon's citizens. The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Economic Development goal and policies is discussed later in this report. FINDING: Based on the analysis above and the applicable findings below,staff finds that the proposed text amendment is consistent with applicable Statewide Planning Goals. TIGARD COMPREHENSIVE PLAN Comprehensive Plan Goal 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. The City has mailed notice of the Planning Commission hearing to interested citizens and agencies. The City published notice of the Planning Commission hearing October 1, 2009. After the Planning Commission public hearing, additional notice will be published prior to the City Council hearing. Two public hearings are held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. With these public involvement provisions, the proposed Development Code Amendment is consistent with applicable Citizen Involvement policies. Comprehensive Plan Goal 2: Land Use Planning Goal 2.1: Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. Policy 2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. The current development code does not provide for seasonal outdoor sales of the type and duration provided by the Tigard Area Farmers' Market. Therefore, the Director requested Council's approval to develop a code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT 1'O'1'IE PLANNING COMMISSION PAGE 3 OF 10 • • Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by public benefit/community service organizations. The request updates the implementing regulations of the Comprehensive Plan, consistent with the applicable provisions of the Land Use Planning Goal. Comprehensive Plan Goal 9: Economic Development Goal 9.1: Develop and maintain a strong, diversified, and sustainable local economy. Policy 3: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. Policy 12: The City shall assure economic development promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economic future. The proposed code amendment would provide for farmers' markets by public benefit organizations, which is not currently allowed under the code. Proposed approval criteria (18.785.040.6/7) would ensure required infrastructure would be available. Farmers' markets provide economic opportunity for farmers to have direct sales to end buyers and buyers the opportunity to buy direct from farmers. Markets provide a civic function by providing community gathering places. .purchasing food at a local farmers'market has a positive global impact. Farmers that sell at farmers'markets are dedicated to keeping small family farms alive and thriving, and investing in sustainable farming practices that make a huge difference to our environment, economy and social well being. The most obvious way that a small, sustainable farm makes a global dierence is by reducing the consumption of fossil fuels. Producing and distributing conventionally grown food requires an enormous amount of resources. A 2000 study found that 10 percent of United States'annual energy consumption is used by the food industry. The shorter distance food travels, the less fuel is needed to transport it. Sustainable farming techniques used by many of Oregon's small,family-run farms can produce truly dramatic reductions in resource consumption. The U.S. Department of Agriculture estimates that we could save 80 million gallons of diesel uel a year used to pump water onto crops simply by improving the efficiency of our irrigation systems by 10 percent. Likewise, reducing the amount of petroleum-based pesticides and fertiliers used on our nation's major cropland would not only save us around.$1 billion, but also help prevent water and soil pollution. Portland Farmers' Market (PFM), September 2009 Newsletter. Goal 9.3 Make Tigard a prosperous and desirable place to live and do business. Policy3. The City shall commit to improving and maintaining the quality of community life (pubic safety, education, transportation, community design, housing, parks and recreation, etc.) to promote a vibrant and sustainable economy. Recommended Action Measures, xvi: Recognize and promote community events as having potential for positive economic impacts and as important for community identity. Oregonians are hungry for the fresh, nutritious food and community gathering places that farmers' markets provide. Farmers' markets offer the unique opportunity to make cities feel like small towns and strangers feel like neighbors. By forging connections between consumers and farmers and food producers, it creates a strong constituency for growing the local food economy — the backbone of a truly sustainable community. PFM September 2009 Newsletter. Comprehensive Plan Goal 15: Downtown Tigard Urban Renewal District Goal: 15.2 Facilitate the development of an urban village. Policy 2. The downtown's land use plan shall provide for a mix of complementary land uses such as: A. retail, restaurants, entertainment and personal services; B. medium and high-density residential uses, including rental and ownership housing; C. civic functions (government offices, community services, public plazas, public transit centers, etc); D. professional employment and related office uses; and E. natural resource protection, open spaces and public parks. SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 4 OF 10 • • Recommended Action Measures, v. Provide areas in the downtown where community events, farmer's markets, festivals and cultural activities can be held. Amending the development code to provide for farmers' markets explicitly implements the Downtown Urban Renewal District goal to facilitate the development of an urban village. To further facilitate this goal, the City may consider identifying a City-owned location downtown as a permanent site for a Tigard-Area farmers' market. FINDING: As shown in the analysis above, the Citizen Participation and Land Use goals have been satisfied. The proposed development code amendment provides for economic development that promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economic future. Staff finds that the proposed text amendment is consistent with the applicable goals and policies contained in the Tigard Comprehensive Plan. PROPOSED TEXT AMENDMENT TO THE TIGARD DEVELOPMENT CODE • D CA2009-00004- CODE AMENDMENT • • Explanation of Formatting This.text-amendment_employs the following formatting: • [Bold/Underlined] :—Text to be added [Bold/Double-Underline] —Text that will be underlined upon codification [ ] —Text to.be removed Chapter 18.785 TEMPORARY USES Sections: 18.785.010 Purpose 18.785.020 Types of Temporary Uses 18.785.030 Approval Process 18.785.040 Approval Criteria 18.785.050 Application Submission Requirements 18.785.010 Purpose A. Purpose. The purpose of this chapter is to establish standards for the approval of three types of temporary use: 1. Use that is seasonal or directed toward a specific event; 2. Use which is occasioned by an unforeseen event; and 3. Sales offices and model homes in conjunction with the sale of homes. B. Disclaimer. This chapter is not intended to be a way to circumvent the strict application of the use districts. Therefore, time limits are to be strictly enforced. Thin chapter i3 not intended to apply to garage sales- SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC I-IEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 5 OF 10 • • . ' C. Exemptions. This chapter does not apply to 11 seasonal and special events conducted by and totally for the benefit of a Tigard-based nonprofit organization, 2) garage sales, or 34 temporary construction offices in conjunction with the initial development of residential, commercial or industrial property (three or more dwelling units or lots). 18.785.020 Types of Temporary Uses A. Seasonal or special event. This type of temporary use is a use which by its nature will last less than one year. Examples of this type of use are those associated with the sale of goods for a specific holiday, activity or celebration, uses associated with construction, or seasonal use. This type of use does not apply to businesses seeking a temporary or interim location. Examples of this type of temporary use include: 1. Use associated with the celebration of a specific holiday such as the sale of Christmas trees and fireworks; 2. Use associated with the sale of fresh fruits, produce, and flowers, including seasonal markets by a chartered public service/non-profit organization which may offer additional products and services as provided in the organization's "market rules and policies" such as landscaping plants, prepared food, animal products, and art/handcrafts assembled by the vendor; 3. Use associated with festivals or celebrations or special events; 4. Seasonal activities such as the sale of food at sports events or activities; 5. Use associated with construction such as the storage of equipment during the construction of roads or development, but not a temporary sales office or model home as provided by Section 18.785; and 6. Temporary fund raising and other civic activities in commercial zoning districts. 18.785.030 Approval Process A. Procedure type. Approval of various temporary uses shall be processed as follows: 1. Seasonal or special event: by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Section 18.785.040A; 2. Unforeseen/emergency situations: by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Sections 18.785.040B; 3. Temporary sales office/model home: by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria in Sections 18.785.040C; 4. Temporary building in commercial and industrial zones: by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Sections 18.785.040D. B. Effective _,nnroval period. An approval for a temporary use by the Director shall be effective valid for a period of one year unless otherwise stipulated by the approval. C. Lapsing of approval. An approval for the temporary use by the Director shall lapse if: 1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period; and 2. Construction or activity on the site is a departure from the approved plan. D. Renewal of approval. A temporary use approval may be renewed once by the Director for a period not to SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC IIEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 6 OF 10 • • exceed one year. Approval for a seasonal or special event use may be renewed on an annual basis in the same manner as if it were an original application. Notice of the decision shall be provided to the applicant. E. Renewal for temporary residential sales office/model homes. A permit for temporary sales offices and model homes may be renewed on an annual basis in the same manner as if it were an original application as long as 50% or less of the total number of dwelling units have been issued occupancy permits. 18.785.040 Approval Criteria A. Seasonal and special events. Using a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions or deny based on findings that all of the following criteria are satisfied: 1. The use occurs only once in a calendar year and for no longer a period than 30 consecutive days_ 2. The use is permitted in the underlying zoning district. 3. The applicant has proof of the property-owner's permission to place the use on his/her property; 4. There will be no parking utilized by the customers and employees of the temporary use which is needed by the property owner to meet his/her minimum parking requirement, as governed by Chapter 18.765, Parking and Loading. 5. The use will provide adequate vision clearance, as governed by Chapter 18.795, Vision Clearance, and shall not obstruct pedestrian access on public rights-of-way. 6. Seasonal markets are permitted in the C-G and MU-CBD zones and may operate from May through October. Additional approval criteria for seasonal markets include the following: a. Provide "market rules and policies" for City approval, which are consistent with the seasonal market use description in 18.785.020.A.2 and will be observed for the duration of the permit. b. Provide an access plan demonstrating adequate and safe ingress and egress exist when combined with the other uses of the property, consistent with applicable standards of Chapter 18.705,Access,Egress and Circulation; c. Provide a traffic study demonstrating the use will not create a traffic hazard, including ODOT review, if applicable; d. Provide documentation that the use will not create adverse off-site impacts related to noise, odors, vibrations, glare or lights that would be greater than otherwise allowed by uses permitted outright in the zone; and e. Signs are allowed as permitted in Chapter 18.780, however,the period may correspond to the duration of the permitted seasonal market use. 18.785.050 Application Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type I, depending on the type of temporary use for which the approval is sought. B. Additional information. In addition to the information described in Subsection A above, the applicant shall SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF RRPOR'I'TO'I'HE PLANNING COMMISSION PAGE 7 OF 10 • • provide a site plan, narrative and other information as specified in a detailed hand-out provided by the Director. C. Emergency situations. The Director may waive any of the requirements in this chapter or request additional information in accordance with Chapter 18.390 for cases which involve destruction of an existing structure due to fire, natural causes, or other circumstances that are beyond the control of the applicant. An emergency as allowed by this subsection shall not include failure by the applicant to submit a temporary use request as provided in this Chapter. SECTION V. STAFF ANALYSIS The proposed code text amendment incorporates comments from City staff and representatives of the Tigard- Area Farmers' Market and Tigard Grange. The proposed amendment includes 1) minor changes for readability of the existing language, and 2) changes that provide for the farmers' market use under the Seasonal and Special Use type. The following analysis is divided by Chapter section: 18.785.010 Purpose At the July 21st Council Workshop to discuss initiation of the code amendment, Councilors mentioned specific issues that should be addressed upon expansion of the seasonal temporary use including parking, visual clearance, neighborhood impact and prohibition of flea markets and garage sales. The proposed amendment moves the existing reference to "garage sales" from the Disclaimer to the Exemption section of the chapter for clarity. Disclaimer now refers solely to the use districts and the enforcement of time limits. Exemptions now includes garage sales in addition to two other exempt uses to which the Chapter does not apply. The three listed uses are considered of a type, scale, and duration where any expected impacts would be limited and should be allowed without permit. Council's concern that seasonal markets not resemble flea markets or garage sales is ensured through the qualifying language that requires seasonal markets to be sponsored by chartered public service/non-profit organizations and approval criteria requiring City review and approval of"market rules and policies." 18.785.020 Types of Temporary Uses This section contains the new temporary use "seasonal markets by chartered public service/non-profit organizations" and extends the types of products that could be sold at such markets by listing examples and requiring consistency with the organization's market rules and policies that guide the sales agreements with vendors. The list of allowed products closely follows the Tigard-Area Farmers' Market guidelines. Other markets in the metropolitan area are more restrictive, for example,allowing farm products by not crafts. 18.785.030 Approval Process This section changes the wording of the Approval period to be consistent with code construction found elsewhere in the development code. In addition, explicit provision for renewing a seasonal or special event has been added to balance the general renewal language. 18.785.040 Approval Criteria This section clarifies that the existing 30-day term for the general seasonal and special event use type is intended to be consecutive days. A sixth approval criterion is proposed to establish the location, timing, and manner of the seasonal market use. Seasonal markets are restricted to the General Commercial (C-G) zone and the new Mixed Use-Central Business District (MU-CBD) zone which correlates to the Downtown Urban Renewal District boundary. The CBD zone is scheduled to be enlarged and rezoned MU-CBD when the Council reviews and, if acceptable, approves the Downtown Code Amendments on December 8, 2009. Ultimately, as provided for in SEASONAL OUTDOOR SALES DEVELOPMI-7.,N'1'CODE AMI?,NDMEN'I' DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO TIER PLANNING COMMISSION PAGE 8 OF 10 • Comprehensive Plan Policy 15.2, a location downtown would be developed to host a farmers' market. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Allowing outdoor seasonal markets as a temporary use in this zone would result in the least conflict with other permitted uses and affords organizations like the Tigard Grange to use their facilities. The section provides a special term for seasonal markets of six months to accommodate weekend or weekday markets for the typical period from May through October. Council expressed concern for parking, visual clearance, and neighborhood impact issues on expansion of the seasonal temporary use to include seasonal markets. Existing approval criteria #4 and #5 already require that parking and visual clearance, respectively,be addressed. Five additional approval criteria are listed, applicable to seasonal markets only. The sponsoring organization's "market rules and policies" describe the operating procedures and product mix allowed in a seasonal market. The City will require this document at the time of application to ensure seasonal markets comply with the character of the seasonal temporary use type as described in Section 18.785.020.A.2. Additional approval criteria are proposed to address access and egress, traffic hazards, off-site impacts, and signs. The applicant would need to demonstrate in their narrative and application materials that these criteria are satisfactorily met. 18.785.050 Application Submission Requirements In addition to the proposed development code text amendment discussed above, staff proposes to amend the Temporary Use Type I Application form, pursuant to 18.390.030.B.2.b, to additionally require the Applicant's Statement "to address the relevant criteria m sufficient detail for review and action." Currently, the application form requires an Applicant's Statement but does not detail what should be included. The proposed additional language would require the applicant's statement to address each of the applicable Approval Criteria in 18.785.040. Staff's discussion with representatives of the Tigard-Area Farmers' Market also included the possibility of a fee structure that would acknowledge public service/non-profit organizations as seasonal market providers. Currently, Non-Profits are exempt from the $304.00 filing fee for temporary uses. SECTION VI. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS The City of Tigard Current Planning and Planning and Engineering Techs reviewed the proposal and provided comment that has been incorporated into the proposed amendment. The City of Tigard Code Enforcement Officer reviewed the proposal and provided comment that has been incorporated into the proposed amendment. The City of Tigard Police Department reviewed the proposal and had no objections to it. The City of Tigard Public Works Department reviewed the proposal and had no objections to it. The City of Tigard Long Range Planning Division was notified of the proposed code text amendment but did not comment. The City of Tigard Engineering Department was notified of the proposed code text amendment but did not comment. METRO, ODOT, and DLCD were notified of the proposed code text amendment but provided no comment. SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO TI II?PLANNING COMMISSION PAGE 9 OF 10 + c! - • \, October 9,2009 PREPARED B : Gary Pagenstecher DATE Assodate Planner .0 / October 9,2009 APPROVED BY: Ron Bunch DATE Community Development Director SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 10 OF 10 N OTICE TO MORT A OFE LI NHOLDE ,VE NDO R OR SEIA: ER THE TIGARD DEVELOPMENT(ODE REQUIRES THAT IF YOURECEIVE THIS NOTICE, IT SHAD.BE PROMPTLY FORWARDED TO THE PURCHASER TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, OCTOBER 19, 2009, AT 7:00 PM AND THE TIGARD CITY COUNCIL ON TUESDAY, NOVEMBER 24, 2009, AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004 FILE TITLE: SEASONAL OUTDOOR SALES CODE AMENDMENT APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 REQUEST: The Community Development Director requests a development code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community Development Code to expand and clarity the temporary use provisions of the code to provide.for seasonal markets by public benefit/community service organizations. LOCATION: Land zoned General Commercial(GG) and Central Business District (CBD). COMP PLAN DESIGNATION: General Commercial and Central Business District. ZONES: C-G: General Commercial District. The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a Citywide and even regional trade area. Except where non- conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses,utilities heliports, medical centers,major event entertainment, and gasoline stations, are permitted conditionally. CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district centered on the City's histonc downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning distnct, and multi-family-housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up indows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; Comprehensive Plan Goal: 1, Public Involvement; Goal 2, Land Use Planning; Goal 9.2.1,9.3Economic Development; Goal 15.2, Special Planning Area- Downtown; and Statewide Planning Goals 1,2 and 9. THE PUBLIC HEARINGS ON THIS MA11ER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOP"1ED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVI AVAILABLE FOR PERSONS IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVORARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (11D - 'TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRITTEN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRI'I'IEN '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 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 ACI1ON 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 LA'T'ER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPEC11ON AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CE-IARGED 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 INSPEC11ON AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RA'Z'E; CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT ASSOCIATE PLANNER GARY PAGENSTECHER AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO garypatigard-or.gov. • • • PLEASE POST ON THE CITY'S WEBSITE AT http://www.tiaard-or.aov/city hall/departments/cd/code amendment.aso DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004 PROPOSAL: Click here to see the proposed code changes Hearing Dates: Planning Commission: Monday, October 19, 2009, 7:00 PM City Council: Tuesday, November 24, 2009, 7:30 PM The Community Development Director requests approval for a Development Code Amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by public benefit/community service organizations. • • • PLEASE PROVIDE A LINK TO THE APPLICATION SUMMARY BELOW FROM Click here to see the proposed code changes IN THE PROPOSAL DESCRIPTION ABOVE (pg. 1). FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004 FILE TITLE: SEASONAL OUTDOOR SALES PROPOSED CODE Community Development Code Chapter 18.785 AMENDMENTS: City of Tigard APPLICANT: 13125 SW Hall Boulevard Tigard, OR 97223 The Community Development Director requests approval for a Development Code Amendment to amend the text of the Temporary Use Chapter (18.785) of the REQUEST: City of Tigard Community Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by public benefit/community service organizations. LOCATION: Land zoned General Commercial (C-G) and Central Business District (CBD). ZONE: Land zoned General Commercial (C-G) and Central Business District (CBD). Community Development Code Chapters 18.380, 18.390 and 18.520; APPLICABLE Comprehensive Plan Goal: 1, Public Involvement; Goal 2, Land Use Planning; REVIEW CRITERIA: Goal 9.2.1, 9.3Economic Development; Goal 15.2, Special Planning Area- Downtown; and Statewide Planning Goals 1, 2 and 9. STAFF CONTACT: Gary Pagenstecher, Associate Planner garyp@@tigard-or.gov or 503-718-2437 HEARING DATES: Planning Commission: Monday, October 19, 2009, 7:00 PM City Council: Tuesday, November 24, 2009, 7:30 PM • • PLEASE PROVIDE A LINK TO THE PROPOSED CODE AMENDMENTS LANGUAGE ATTACHED FROM Community Development Code Chapter 18.785 IN THE APPLICATION SUMMARY ABOVE (pg. 2). FINALLY, PLEASE POST THE PUBLIC HEARING DATES/INFORMATION AT http://www.tigard- or.gov/citv hall/public notices/default.asp • • DCA2009-00004 CODE AMENDMENT Explanation of Formatting This text amendment employs the following formatting: [Bold/Underlined] —Text to be added [Bold/Double-Underline] —Text that will be underlined upon codification [ ] —Text to be removed Chapter 18.785./\ TEMPORARY USES' \,\ Sections: ` X\ \\ 18.785.010 Purpose , 18.785.020 Types of Temporary Uses 18.785.030 Approval Process , 18.785.040 Approval Criteria (,V 1 „ 18.785.050 Application Submission Requirements X.+'' ', ., u� 18.785.010 Purpose ' . w A. Purpose. The purpose of this chapter is to establish standards for the approval of three types of temporary use \ \r1 ' " . .. 1. Use that is seasonal or directed toward a spec fe event; 2. Use whichis occasioned.by an unforeseen'event; and ' 3. `Sales offices and modethomes,in'conjunction with the sale of homes. B. Disclaimer.;'This chapter is,not intended to be a way to circumvent the strict application of the use districts. Th efore, time limits are to be strictly enforced. - This chapter does-not apply to businesses seeking a temporary'or interim location.' C. Exemptions. This chapterdoes not apply to jiseasonal and special events conducted by and totally for the benefit of a\Tigard=based nonprofit organization, 2) garage sales, —or31 temporary construction offices in conjunction with the initial development of residential, commercial or industrial property(three or more dwelling units or lots). 18.785.020 Types of Temporary Uses A. Seasonal or special event. This type of temporary use is a use which by its nature wil-1 lasts less than one year and. Examples of this type of use aro those is associated with the sale of goods for a specific holiday, activity, or celebrations; seasonal use; or uses associated with construction_ Of Examples of this type of temporary use include: 1. Festivals,celebrations,or special events; Temporary Uses 18.785-1 SE Update: 04/01 • • -1-2. The celebration of a specific holiday such as the sale of Christmas trees and fireworks; 2,3. Seasonal markets, by a chartered public service/non-profit organization, for the sale of farm products such as fresh fruits and vegetables, produces and flowers, and animal products; - 4. -_. . .. • •_ ._ . The sale of food associated with seasonal activities such as at sportiness events er--activities and seasonal markets; .6. Construction such as the storage of equipment during the construction of roads or development, but not a temporary sales;office or model home as provided by Section 18.785; and / 65. Temporary fund raising and other civic activities in commercial zoning districts. 'N 18.785.030 Approval Process '' A. Procedure type. Approval of various temporary uses shall be-processed as follows: 1. Seasonal or special,,event; Nby means of a Type I procedure, as governed by Section 18.390.040, using approvalcriteria in Section 18.785.040A, 2. Unforeseen/emerg cyysituations: by means of a Type I procedure, as governed by Section 18.390.040, using approval,criteria in.,Sectioris 18.785.040B; 3. Temporary sales office/model\home: by means of a Type I procedure, as governed by Section \18390.030, using-approval criteria in Sections=18.785.040C; 4. Temporary building in.commercial and industrial zones: by means of a Type I procedure, as governed by,Section 18.390.040, usrngapproval criteria in Sections 18.785.040D. I B. Effeetive Approval period. An approval for a temporary use by the Director shall be effective valid for a period of one year'unless otherwise stipulated by the approval. C. Lapsing of approval. An approval for the temporary use by the Director shall lapse if: 1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period; and 2. Construction or activity on the site is a departure from the approved plan. D. Renewal of approval. A temporary use approval may be renewed once by the Director for a period not to exceed one year. Notice of the decision shall be provided to the applicant. E. Renewal for seasonal markets. A permit for seasonal markets may be renewed on an annual basis in the same manner as if it were an original application. Temporary Uses 18.785-2 SE Update: 04/01 • • F.Renewal for temporary residential sales office/model homes. A permit for temporary sales offices and model homes may be renewed on an annual basis in the same manner as if it were an original application as long as 50% or less of the total number of dwelling units have been issued occupancy permits. 18.785.040 Approval Criteria A. Seasonal and special events. Using a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions or deny based/on findings that all of the following criteria are satisfied: /- f:. 1. The use occurs only once in a calendar year and for'no longer,a period than 30 consecutive days, Seasonal markets may operate on weekend daysfrom Maythrough October; 2. The use is permitted in the underlying zoning district. Seasonal markets are permitted in the C-G and MU-CBD zones; 3. The applicant has proof of the property-owner's,permission to:place the use o this/her property; ". 4. There will be no parking utilized by he,customers and employees of the temporary use which is ae��. needed by the property owner to!meet his/her minimum parking requirement, as governed by Chapter 18.765, Parking and Loading\ '''`< , 5. The use will provide adequate vision,clearance, a§-,governed' by Chapter 18.795, Vision Clearance, and shall not obstruct pedestria acces n s•on public rights-of-way. 6. Adequate and safe'ingress and egress exist when combined with the other uses of the property, with a demonstration" that the applicable standards of Chapter 18.705, Access, Egress.and Circulation are met; 7. .The use will not create a traffic hazard as'documented in a traffic study and through ODOT review,if applicable; ,,,: 8. The use will not create adverse off-site impacts as demonstrated with specific documentation related to noise, odors,vibrations, glare or lights that would be greater than otherwise allowed by use's permitted outright in the zone; and 9. Signs are allowed: as permitted in Chapter 18.780; duration may correspond to the permitted temporarvzuse. Temporary Uses 18.785-3 SE Update: 04/01 ',.'..!.......-,...• '•• ,•'. ...: 1 i•).P.'77,• 1 , •*1-•-....„ 1.., 1\1,..1•1 i„,••,, . \1........11 1):v....,..: S : . .. . • •• ,,,,... . .-''- ..--.-.c.-,... .. 4,•,.•-''.... ..;.:-•.....--4...,„:...' .;.:„''.. '.".4.'.... 1p '''.. 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F • M 1 DLCD Notice of ®t Proposed Amendment 01:) THIS FORM MUST BE RECEIVED BY DLCD AT LEAST 45 DAYS PRIOR TO THE FIRST EVIDENTIARY HEARING PER ORS 197.610,OAR CHAPTER 660,DIVISION 18 Jurisdiction: City of Tigard Local file number: DCA2009-00004 Date First Evidentiary hearing: 10/19/2009 Date of Final Hearing: 11/24/2009 Is this a revision to a previously submitted proposal? ❑Yes No Date submitted: ❑ Comprehensive Plan Text Amendment n Comprehensive Plan Map Amendment ® Land Use Regulation Amendment ❑ Zoning Map Amendment - I I New Land Use Regulation ❑ Other: Briefly Summarize Proposal. Do not use technical terms. Do not write "See Attached" (limit of 500 characters): The Community Development Director requests a development code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets within the General Commercial (C-G) and Central Business District (CBD) zones by public benefit/community service organizations. Has sufficient information been included to advise DLCD of the effect of proposal? Yes 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 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 . x Is an exception to a statewide planning goal proposed? YES ® NO Goals: 0 Affected state or federal agencies, local governments or special districts (It is jurisdiction's responsibility to notify these agencies. DLCD only reports this information.): None Local Contact: Gary Pagenstecher Phone: (503) 718-2434 Extension: Address: 13125 SW Hall Boulevard Fax Number: 503-718-2748 City: Tigard Zip: 97223- E-mail Address: garyp @tigard-or.gov DLCD file No. S4MITTAL REQUIREMEQI'S 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 an applicant). 2. When submitting, please print this form on light green paper. 3. Send this Form and TWO COPIES of the proposed amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 4. 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. 5. 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. 6. 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. 7. 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. 8. Submittal of proposed amendments that involve a goal exception must include the proposed language of the exception. 9. Do not submit this form without supporting documentation. 10. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. Please print on 8-112x11 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 • • Patty Lunsford From: Fernekees, Meg [meg.fernekees @state.or.us] Sent: Friday, September 04, 2009 9:56 AM To: 'meg.fernekees @state.or.us'; Patty Lunsford Cc: Gary Pagenstecher; Larry French Subject: RE: Notice of Proposed Amendment to Meet 45-Day Requirement Thank you,Patty. R Both attachments opened just fine. This is our confirmation we rec'd the Proposed Amendment. Meg Fernekees From: Patty Lunsford [mailto:PATTY @tigard-or.gov] Sent: Friday, September 04, 2009 9:16 AM To: 'meg.fernekees @state.or.us' Cc: Larry French (larry.french @state.or.us); Gary Pagenstecher Subject: Notice of Proposed Amendment to Meet 45-Day Requirement Importance: High Hi Meg, Larry French indicated that I should send you the attached "Notice of Proposed Amendment" along with our proposed amendments for processing. It is my understanding that this electronic email sufficiently provides the 45-days required by DLCD, and the hard copies will be placed in the mail today via certified mail . I would appreciate a confirmation of receipt of this email for our records. Best regards, Patty Lunsford Panning _Assistant City of Tigard/Current PCanning .503.718.2438/patty @tigard-or.gov 1 • • U.S. Postal Servicerm CERTIFIED MAILTM RECEIPT Q (D. Attn: Patty/Planning •d) I Q" Fo RE: DCA2009-00004 - I IC Seasonal Outdoor Sales ra _ "Notice of Proposed Amendment" M , M Postage ���� „yno�r� I Certified Fee r '1. ■-' 5$N` 1 3 r • �• ark .1' C) Return Receipt Fee v,, p (Endorsement Required) ■ • t, CI Restricted Delivery Fee ` (Endorsement Required) '41.) ti l 'C Total Postage&Fees $ (i. (S `,Y.�rot, nJ Sent o X 0 3`treet,i ATTN: PLAN AMENDMENT SPECIALIST O ofPO6 Oregon Dept.of Land Conservation&Development • M1 635 Capital Street NE,Suite 150 • City,Sty Salem,OR 97301-2540 f s Form 3800,August 2006 See Reverse for Instructions • f' SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY , • • Complete items 1,2,and 3.Also complete A. Sign • l - item 4 if Restricted Delivery is desired. ❑Agent I. • Print your name and address on the reverse _❑Addressee 1 so that we can return the card to you. B. eived by(Printed Name) C. Die oyD,glivery • Attach this card to the back of the mailpiece, Ct�1/ (�'i or on the front if space permits. 1 D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No ( ATTN: PLAN AMENDMENT SPECIALIST ' Oregon Dept.of Land Conservation&Development 635 Capital Street NE,Suite 150 Salem,OR 97301-2540 • 3. Service Type Xt Certified Mail ❑Express Mail _ ❑ Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. r 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7008 2810 0001 3831 8903 1, (Transfer from service label PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1549 Al J RELluesr % 1< CQmit,tENTs v, i • • lig I -a City of Tigard TIGARD REQUEST FOR COMMENTS DATE: September 9.2009 TO: Planning-Engineering Techs/Community Development Department FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher.Associate Planner Phone: (503) 718-2434 Fax: (503) 718-2748 Email: garype,tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004 - SEASONAL OUTDOOR SALES - REQUEST: The Community Development Director requests a development code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by public benefit/community service organizations. LOCATION: Land zoned General Commercial (C-G) and Central Business District (CBD). COMPREHENSIVE PLAN DESIGNATION: General Commercial and Central Business District. ZONES: C-G: General Commercial District. The C-G zoning district is-designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted 'conditionally. CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown,including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12-units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; Comprehensive Plan Goal: 1, Public Involvement; Goal 2, Land Use Planning; Goal 9.2.1, 9.3Economic Development; Goal 15.2, Special Planning Area-Downtown;and Statewide Planning Goals 1,2 and 9. The Proposed Amendments are attached for your review. From information supplied by various depaiuuents 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, September 23, 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 nhnnP th,. staff contact noted above with your comments and confirm your commen my questions, contact the Tigard Planning Division, 13125 SW Hall Bouleva 1 A 1 I, �� cx,6a �..F PLEASE CHECK THE FOLLOWING ITEMS THAT A -VV�'( We have reviewed the proposal and have no objections k 0 u �� Please contact , r office. _ Please refer to the enclosed letter or email. �-►'1 I �'' Written comments provided below: 'fY'a-5 i/ •feSf oc -Ric a;-ji-Lei- --) 1 a,�F- 01- 1 Name&Number of Person Commenting./r I, 1.12X fry“z..-, ZYSZ. - f- 5 7 • • • DCA2009-00004 CODE AMENDMENT.. Ex lanation-of Fornatti tea This;-text amendment employs the following formatting - [Bold/Underlined]' Text to be added- : - • [Bold/Double-Underline] —Text that will be underlined:upon codification • [$triki e k]--._Text to be removed Chapter TEMPORARY USES Sections: 18.785.010 Purpose 18.785.020 Types of Temporary Uses 18.785.030 Approval Process 18.785.040 Approval Criteria 18.785.050 Application Submission Requirements 18.785.010 Purpose A. Purpose. The purpose: of this chapter is to establish standards for the approval of three types of temporary use 1. Use that is seasonal or:directed toward a specific event; 2. Use which is occasioned by an unforeseen event, and 3. Sales offices and model homes in_conjunction'with the sale of homes. B. Disclaimer,,,This chapter is not intended to be a way to circumvent the strict application of the use districts. Therefore, time limits are to be strictly enforced. This chapter does not apply to businesses seeking.a temporarv-.or interim location.' -. •- - . . _ . .. _ . - . C. Exemptions. This chapter does not apply to 11 seasonal and special events conducted by and totally for the benefit of a Tigard-based nonprofit organization, 2) garage sales,or 11 temporary construction offices in conjunction with the initial development of residential, commercial or industrial property 7 (three or more dwelling units or lots). • 18.785.020 Types of Temporary Uses A. Seasonal or special event. This type of temporary use is a use which by its nature will lasts less than one year and. Examples of this typo of use are those is associated with the sale of goods for a specific holiday, activity, or celebrations; seasonal use; or uses associated with construction_ of Examples of this type of temporary use include: 1. Festivals,celebrations,or special events; Temporary Uses 18.785-1 SE Update: 04/01 • • 42. Use associated with tThe celebration of a specific holiday such as the sale of Christmas trees and fireworks; 2T3.Use associated with Seasonal markets, by a chartered public service/non-profit organization, for the sale of farm products such as fresh fruits and vegetables, produce,-and flowers, and animal products; f" j �` "AAA`,,,\``tJ- /It/ti eel 3. Use associated with festivals or celebrations or special events; 4. Seasonal activities such as t The sale of food associated with seasonal activities such as at sportiness events or activities and seasonal markets; 66. Use associated with cConstruction such as the storage of equipment during the construction of roads or development, but not a temporary sales office or model:home as provided by Section 18.785; and 65. Temporary fund raising and other civic activities in commercial zoning districts. 18.785.030 Approval Process A. Procedure type. Approval of various temporary uses shall be processed as follows: 1. Seasonal or special event: by means'of.:a Type:I procedure, as governed by Section 18.390.040, using approval criteria in Section 18.785:040A; 2. Unforeseen/emergency situations: by means::of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Sections:18.785.040B; 3. .Temporary sales office/model home: by means of a Type I procedure, as governed by Section 18:390.030, using approval criteria in Sections 18.785.0400; 4. Temporary building in"'commercial and industrial zones: by means of a Type I procedure, as governed'by Section 18.390:040, using approval criteria in Sections 18.785.040D. B. Effective AR rp oval period:An.approval for a temporary use by the Director shall be effective valid for a period of one yearunlessotherwise stipulated by the approval. C. Lapsing of approval. An approval for the temporary use by the Director shall lapse if: 1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period; and 2. Construction or activity on the site is a departure from the approved plan. D. Renewal of approval. A temporary use approval may be renewed once by the Director for a period not to exceed one year. Notice of the decision shall be provided to the applicant. E. Renewal for seasonal markets. A permit for seasonal markets may be renewed on an annual basis in the same manner as if it were an original application. Temporary Uses 18.785-2 SE Update: 04/01 • 10 • F.Renewal for temporary residential sales office/model homes.- A permit for temporary sales offices and model homes may be renewed on an annual basis in the same manner as if it were an original application as long as 50% or less of the total number of dwelling units have been issued occupancy permits. 18.785.040 Approval Criteria A. Seasonal and special events. Using a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions or deny based-;On findings that all of the following criteria are satisfied: 1. The use occurs only once in a calendar year and for no longer a period than 30 consecutive days, Seasonal markets may operate on weekend days from May through October; 2. The use isyeiRnitted in the underlying zoning diStrict. Seasonal markets are permitted in the C-G andi'MUI6BD zones; 3. The applicant has proof of the property-owner's permission to place the use on property; (9. There will be no parking utilize4,1iY.\-the customers and employees of the temporary use which is needed by the property owner tOl:i24et!,'his/her minimum parking requirement, as governed by Chapter 18.765, Parking and LoadifIgi., 5. The use will provide adequate vision clearanCea§\.,goverried by Chapter 18.795, Vision Clearance, and shall not obstruct pedestrian.aceOS:On PlibIl@ights-of-way. 6. Adequate and safe ingress and egress exist when combined with the other uses of the property, with a demonstration that the applicable standards of Chapter 18.705, Access, EgriSS'UniiCirculatiOn are Met; • ' , 7. -;=.,-the use will not create a traffic hazard as documented in a traffic study and through ODOT review,if applicable;?::. = 8. The Uewill use not create adverse off-site impacts as demonstrated with specific documentation related tolthise, odors,vibrations,glare or lights that would be greater than otherwise allowed by us'epermitted outright in the zone; and 9. Signs-are-allowe&fi§. permitted in Chapter 18.780; duration may correspond to the permitted temporarY,Use.\\ /6407 :7 yot-r,- 717- 4-e'ru-3 Temporary Uses 18.785-3 SE Update: 04/01 City of Tigard TIGARD REQUEST FOR COMMENTS DATE: September 9, 2009 TO: Brian Rager.Assistant Public Works Director • FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher,Associate Planner Phone: (503) 718-2434 Fax: (503) 718-2748 Email: garyp(u,tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004 - SEASONAL OUTDOOR SALES - REQUEST: The Community Development Director requests a development code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by public benefit/community service organizations. LOCATION: Land zoned General Commercial (C-G) and Central Business District (CBD). COMPREHENSIVE PLAN DESIGNATION: General Commercial and Central Business District. ZONES: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown,including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; Comprehensive Plan Goal: 1, Public Involvement; Goal 2, Land Use Planning; Goal 9.2.1, 9.3Economic Development; Goal 15.2, Special Planning Area-Downtown;and Statewide Planning Goals 1,2 and 9. The Proposed Amendments are attached 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, September 23, 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. X �l V { • U • a City of Tigard TIGARD REQUEST FOR COMMENTS DATE: September 9,2009 TO: Christine Darnell. Code Enforcement Officer FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher,Associate Planner Phone: (503) 718-2434 Fax: (503) 718-2748 Email: garyp @tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004 - SEASONAL OUTDOOR SALES - REQUEST: The Community Development Director requests a development code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by public benefit/community service organizations. LOCATION: Land zoned General Commercial (C-G) and Central Business District (CBD). COMPREHENSIVE PLAN DESIGNATION: General Commercial and Central Business District. ZONES: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; Comprehensive Plan Goal: 1, Public Involvement; Goal 2, Land Use Planning; Goal 9.2.1, 9.3Economic Development; Goal 15.2, Special Planning Area-Downtown;and Statewide Planning Goals 1, 2 and 9. The Proposed Amendments are attached 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, September 23, 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: (9 f\.0,TiNill 9) Name&Number of Person Commenting: V • .DCA2009-00004: CODE`AMENDMENT Explanation of Formatting = This text employs the following formatting: [Bold/Underlined], Text to be added - [Bold/Double-Underline] —Text that will be underlined upon codification [Stepgh] =Text to be.removed Chapter 18.785 TEMPORARY USES' f' Sections: . • 18.785.010 Purpose 18.785.020 Types of Temporary Uses 18.785.030 Approval Process - 18.785.040 Approval Criteria 18.785.050 Application Submission;Requirements 18.785.010 Purpose A. Purpose. The purpose of this chapter is to establish standards for the approval of three types of temporary use 1. Use that is seasonal or directed toward a specific event; 2. Use which is occasioned.by;an unforeseen event;;and 3. `Sales offices and model homes in conjunction with the sale of homes. B. Disclaimer:::;This chapter is not intended to be a way to circumvent the strict application of the use districts. Therefore, time limits are to be strictly enforced. This chapter does not apply to businesses seeking a temporaryr interim location.' . •• - .-. _ . .. . - . :,7Qr9l�S��NT C. Exemptions. This Chapter.does not apply to 11 seasonal .nd special events conducted by and totally for the benefit of a Tigard=based nonprofit organizati r'* •lira.e sales or temporary construction offices in conjunction with the initial development : -idential, commercial or industrial property (three or more dwelling units or lots). , • Af F' ,.'`� 18.785.020 Types Temporary es of Tem ora Uses ri • • ,`� A. Seasonal or special event. This type of temporary use is ° use wh"'h by its nature will lasts less than one year and. _ . - - .: : . - .. _ . - is associated with the sale of goods for a specific holiday, a ivi c r celebratio Ile seasonal use; or uses associated with construction_ Of . WC) Off,: Examples of this type o •.orary use include: . . 1. Festivals,celebrations,or special events; Temporary Uses 18.785-1 SE Update: 04/01 1.10/161) 44 I i'VAreefh," )7,0 liti° C 5 • vvY tAiltil r „ 1 (1/ . 7-Iall:i giti ' ;SC) , , , 4i/011ifi' ' W7 - iti° 1119p C4-9 1 571/fitakf:nt Oaar. , erfrld) on AA Alie,rx-I'D JO S 4-2. The celebration of a specific holiday such as the sale o Christmas trees and fireworks; 2 3.Use associated with Seasonal markets, by a chartered public service/non-profit organization, for the sale of farm products such as fresh fruits and vegetables, produce,and flowers, and animal products; .1 -;\ R \I 0-!2_,.../ f �� Q spec 3. Use associated with festivals or celebrations ial events;' 4. Seasonal activities such as t The sale or food associated withIseasonal activities such as at sportiness events or activities and seasonal markets; " p111 56. Use associated with c_ storage of equipment`during the construction of roads o development, but not a temporary sales office or model home as provided by Section 18.785• and pi /1S�D oaaxt4. 14 G ' UCJI/' ntg. -7-104 foe/he-Li USA 72/IA) ? vo4 65. Temporary fund raising and other civic activities in commercial zoning districts. 18.785.030 Approval Process A. Procedure type. Approval of various temporary uses shall be processed as follows: 1. Seasonal or special event: by means of a Type.I'procedure, as governed by Section 18.390.040, using approval criteria in Section 18.785.040A 2. Unforeseen/emergency situations: by means: of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Sections.18.785.040B; 3. Temporary sales office/model home: by means'of a Type I procedure, as governed by Section 1 18.390.030, using approval criteria in Sections 1,8.785.040C; 4. Temporary building in commercial and industrial zones: by means of a Type I procedure, as governed;by Section 18.390:040, using approval-criteria in Sections 18.785.040D. B. Effective Approval period. An approval for a temporary use by the Director shall be effective valid for a period df one yea unless otherwise stipulated by the approval. -\%\ �_f ..�:�\ C. Lapsing of approval. An approval for the temporary use by the Director shall lapse if: 1. Substantial construction of the approved plan or onset of the approved activity has not begun ��� within the approval period; and `,i \N 2. Construction or activity on the site is a departure from the approved plan. \\*. ' D. enewal of approval. A temporary use approval may be renewed once by the Director for a period � ` not to exceed one year. Notice of the decision shall be provided to the applicant. 7;,, E. Renewal for seasonal markets. A permit for seasonal markets may be renewed on an annual basis in the same manner as if it were an original application. ■ Temporary Uses 18.785-2 SE Update: 04/01 i F.Renewal for temporary residential sales office/model homes.- A permit for temporary sales offices and model homes may be renewed on an annual basis in the same manner as if it were an original application as long as 50% or less of the total number of dwelling units have been issued occupancy • permits. 18.785.040 Approval Criteria A. Seasonal and special events. Using a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions or deny based-;,on-::findings that all of the following criteria are satisfied: 1. The use occurs only once in a calendar year and for no;.longer a period than 30 consecutive days_ Seasonal markets may operate on weekend days'froin May through October; 2. The use is permitted in the underlying zoning district. Seasonal`markets are permitted in the C-G and MU-CBD zones; 3. The applicant has proof of the property-owner's:permission to place the use on his/her property; 4. There will be no parking utilized-by thewcustomers and employees of the temporary use which is needed by the property owner tomeet_:his/her minimum:.parking requirement, as governed by Chapter 18.765, Parking and Loading;:: 5. The use will provide'°adequate vision clearance A;as governed- by Chapter 18.795, Vision Clearance, and-shall not obstruct pedestrian access'on publicrights-of-way. 6. Adequate and safe..ingress ;and egress-exist when combined with the other uses of the property, with a demonstration.that the applicable standards of Chapter 18.705, Access, Egress and Circulation are-met, Yx. 7. Y=The use will not create a traffic:hazard as documented in a traffic study and through ODOT review,if applicable;'>'•,; 8. The use not create adverse off-site impacts as demonstrated with specific documentation related-tQnoise, odors,vibrations, glare or lights that would be greater than otherwise wed-by-uses:peranitted outright in the zone; and 9. Signs are llowed)as'permi d in Chapter 18.780; duration may correspond to the permitted to porary use. Temporary Uses 18.785-3 SE Update: 04/01 C City of Tigard a TIGARD REQUEST FOR COMMENTS DATE: September 9,2009 TO: Jim Wolf,Tigard Police Department Crime Prevention Officer FROM: . City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher,Associate Planner Phone: (503) 718-2434 Fax: (503) 718-2748 Email: garyp(a,tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004 - SEASONAL OUTDOOR SALES - REQUEST: The Community Development Director requests a development code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community Development Code to expand and clarify the temporary use provisions of- the code to provide for seasonal markets by public benefit/community service organizations. LOCATION: Land zoned General Commercial (C-G) and Central Business District (CBD). COMPREHENSIVE PLAN DESIGNATION: General Commercial and Central Business District. ZONES: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. CBD: Central Business District, The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown,including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a muumum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; Comprehensive Plan Goal: 1, Public Involvement; Goal 2, Land Use Planning; Goal 9.2.1, 9.3Economic Development; Goal 15.2, Special Planning Area-Downtown;and Statewide Planning Goals 1, 2 and 9. The Proposed Amendments are attached 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, September 23, 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 31M . `(. 2570 III • 14 a City of Tigard T I G A R D REQUEST FOR COMMENTS DATE: September 9,2009 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher,Associate Planner Phone: (503) 718-2434 Fax: (503) 718-2748 Email: garyp @tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004 - SEASONAL OUTDOOR SALES - REQUEST: The Community Development Director requests a development code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by public benefit/community service organizations. LOCATION: Land zoned General Commercial (C-G) and Central Business District (CBD). COMPREHENSIVE PLAN DESIGNATION: General Commercial and Central Business District. ZONES: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown,including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; Comprehensive Plan Goal: 1, Public Involvement; Goal 2, Land Use Planning; Goal 9.2.1, 9.3Economic Development; Goal 15.2, Special Planning Area-Downtown;and Statewide Planning Goals 1, 2 and 9. The Proposed Amendments are attached 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, September 23, 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. e • (ITY OF TIGARD REQUEST FO COMMENTS NOTIFICN LIST FOR LAND USE & COMMUNITY MIR LOPMENT APPLICATIONS FILE NOS.: '4,Zt 09' `000 FILE NAME: : orL SM TS E-4/i iRed CITY OFFIC S 45 oin#art ✓ONG RANGE PLANNING/Ron Bunch,CD Director _CURRENT PLANNING/Todd Prager/Arborist-Planner _✓PUBLIC WORKS/Brian Rager,Assistant PW Director '/BUILDING DIVISION/Mark Vandomelen,Building Official X ENGINEERING DEPTJKim McMillan,Engineering Manager 1.PUBLIC WORKS/Steve Martin,Parks Supervisor Z CITY ADMINISTRATION/Cathy Wheatley,City Recorder X gNGINEERING DEPT./Greg Berry,Project Engineer HEARINGS OFFICER(+2 sets) aOMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs%,'POLICE DEPT./Jim Wolf,Crime Prevention Officer PLANNING COMMISSION(+11 sets) ODE ENFORCEMENT/Christine Darnell,Code Compliance Specialist(DCA) X FILE/REFERENCE(+2 sets) SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.*_ TUALATIN VALLEY FIRE&RESCUE* _ TUALATIN VALLEY WATER DISTRICT* _ CLEAN WATER SERVICES Planning Manager North Division Administrative Office Development Services Department 15707 SW Walker Road John K.Dalby,Deputy Fire Marshall 1850 SW 170th 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 _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager Devin Simmons,Habitat Biologist Melinda Wood(WLUN Form Required) _ Steven Sparks,Dev.Svcs.Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279 Beaverton,OR 97076 Portland,OR 97231 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING* _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 17160 SW Upper Boones Fry.Rd. _ Joanna Mensher,Data Resource Center(ZCA) —US ARMY CORPS.OF ENG. Durham,OR 97224 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Maps&CWS Letter Only) _ Mel Huie,Greenspaces Coordinator(CPA2oA) Mara Ulloa(Comp.Plan Amendments&Measure 37) Routing CENWP-OP-G _CITY OF KING CITY* _ Jennifer Budhabhatti,Regional Planner(Wetlands) 5 Capitol Street NE,Suite 150 PO Box 2946 City Manager C.D.Manager,Growth Management Services .S lem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue O.Gerald Uba,Ph.D.,Planning&Devlpmnt( A/DC N) King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Powedines in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue _ CITY OF LAKE OSWEGO* Routing TTRC–Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Naomi Vogel-Beattie(General Apps Lake Oswego,OR 97034 _Planning Division(ZCA)MS 14 _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Brent Curtis(CPA) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Development Review Coordinator _Doria Mateja IZCA)MS 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacations) _Sr.Cartographer(CPA/ZCA)MS 14 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,SUrveyOr RCA)MS 15 Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _OR.PARKS&REC.DEPT. —WA.CO.CONSOL.COMM.AGNCY eCDOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(wcccA)"911"(monopole Towers) Sam Hunaidi,Assistant Distrct Manager (Notify if ODOT R/R Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,Sr.Crossing Safety Specialist (Notify S 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) apro ) Gerald Backhaus Ise.Mraeacontaa) (If Project is Within''/,Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street , Beaverton,OR 97006-4886 Portland,OR 97232 — AND GENERAL ELECTRIC• PORTL _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 (See Map b/;99a Contact) Brian Every(Apps E.ol HaMd.o199w) 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 11f 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: 29-Jun-09) (Also update:is\curpin\setup\labels\annexations\annexation_utilities and franchises.doc,mailing labels&auto text when updating this documer Phil Yount,Treasurer& Facilities Maarr DCA2009-000I Tigard Grange No. 148 SEASONAL OUTDOOR SALES 13770 SW Pacific Highway PO Box 230252 Tigard, OR 97281 Tigard Farmers Market PO Box 230421 Tigard, OR 97281-0421 g • Gary Pagenstecher • From: Phil Yount[philipyount @msn.com] Sent: Saturday, September 12, 2009 2:49 PM To: Gary Pagenstecher Cc: Mark and Julie Schnetzky; Miguel Mendiola (barbecue) Subject: RE: Seasonal Outdoor Sales Development Code Amendment Progress • Sorry, I hadn't checked the mail today until after I sent you the email below. We received the "Request For Comments" today. It may have been in the box for a day or two. I didn't check the box on Friday. What time is the meeting on October 19 scheduled? And where? Phil Yount From: philipyount @msn.com To: garyp @tigard-or.gov CC: mjschnet @verizon.net; el_rey_delpollo @hotmail.com Subject: RE: Seasonal Outdoor Sales Development Code Amendment Progress Date: Fri, 11 Sep 2009 22:29:18 -0700 A "request for comments has been sent" to whom? Was the Grange supposed to have received it? From: Garyp @tigard-or.gov To: philipyount @msn.com CC: ron @tigard-or.gov; cherylc @tigard-or.gov; SusanH @tigard-or.gov; CRAIG @tigard-or.gov; mjschnet @verizon.net; el_rey_delpollo @hotmail.com Date: Wed, 9 Sep 2009 14:41:27 -0700 Subject: Seasonal Outdoor Sales Development Code Amendment Progress Phil, As the staff planner assigned to the Director's development code amendment (DCA2009-00004)that will allow for seasonal outdoor sales(farmers' markets) in Tigard, I wish to inform you that a Planning Commission hearing has been set to review this matter on October 19, 2009.A request for comments has been sent.Your comments on the issue will be welcome.The City will have a staff report available to interested parties a week before the hearing that proposes specific language for the Commission to consider.At the hearing the Commission will also hear public testimony and may form a recommendation to City Council or decide to continue the hearing.The City Council hearing has been tentatively scheduled for November 24, 2009. Please contact me at 503-718-2434 if you have any questions. Regards, Gary Gary Pagenstecher,AICP Associate Planner City of Tigard Community Development 13125 SW Hall Blvd. Tigard OR 97223 503-718-2434 garvp@tigard-or.gov 1 From: Phil Yount [mailto:philipyounlOsn.com] o Sent: Tuesday,July 28, 2009 2:14 PM To: Ron Bunch Cc: Gary Pagenstecher; Cheryl Caines; Susan Hartnett; Craig Prosser; Mark and Julie Schnetzky; Miguel Mendiola (barbecue) Subject: RE: Progress? Thank you, Ron, for your update. I wasn't particularly surprised. Although I know from years of observation that even governments can move things along with surprising speed when they are things the particular governmental body feels strongly about (i.e., the modification of Measure 37 avoiding the necessity of affirmative action on most of the original claims under Measure 37), I didn't expect that to happen in this case. Frankly, it's gratifying to learn some action has actually been taken to move it forward. I trust you will help me keep it from getting lost in the shuffle of paperwork as time passes. I trust also that you will let us know when it's time to get involved with the Planning Commission. Again, thank you for the update. Phil Yount, Treasurer and Facilities Manager Tigard Grange No. 148 From: ron @tigard-or.gov - To: philipyount @msn.com CC: Garyp @tigard-or.gov; cherylc @tigard-or.gov; SusanH @tigard-or.gov; CRAIG @tigard-or.gov Date: Tue, 28 Jul 2009 11:25:51 -0700 Subject: RE: Progress? Hi Phil: We got the matter before Council and it directed the Planning Commission to hold public hearings on a proposal. However, it will be at least three months before it gets to the Planning Commission and back to Council.If it works out as anticipated,the Council will have hearings in October/November. An ordinance will be on the books for the next season. We will make sure we involve you and your colleagues in the Planning Commission process. Making Code changes takes time and I regret we could not get something on the books that the Grange could work with this season. Best Wishes, Ron From: Phil Yount [mailto:philipyount @msn.com] Sent: Saturday, July 25, 2009 11:55 AM To: Ron Bunch Cc: Mark and Julie Schnetzky; Miguel Mendiola (barbecue) Subject: Progress? Hi, Ron! Haven't heard anything for some time. What kind of progress if any are you making towards getting the Code changed so as to allow the Grange to have a mini-Farmers Market on weekends during the Summer? Any chance still that we might be able to do it this year? Respectfully, Phil Yount 2 Patty Lunsford From: Gary Pagenstecher Sent: Wednesday, July 29, 2009 3:08 PM To: Ron Bunch Cc: Cheryl Caines; Dick Bewersdorff; Patty Lunsford; Doreen Laughlin Subject: RE: Progress? Ron, Yes. I have set the PC hearing for October 19, anticipating a hearing at Council on November 24th. I will have Patty include him in the notice. Gary From: Ron Bunch Sent: Wednesday, July 29, 2009 10:31 AM To: Gary Pagenstecher Cc: Cheryl Caines; Dick Bewersdorff Subject: FW: Progress? Gary would you please make sure Phil Yount is kept in the loop. Thanks Ron From: Phil Yount [mailto:philipyount @msn.com] Sent: Tuesday, July 28, 2009 2:14 PM To: Ron Bunch Cc: Gary Pagenstecher; Cheryl Caines; Susan Hartnett; Craig Prosser; Mark and Julie Schnetzky; Miguel Mendiola (barbecue) Subject: RE: Progress? Thank you, Ron, for your update. I wasn't particularly surprised. Although I know from years of observation that even governments can move things along with surprising speed when they are things the particular governmental body feels strongly about (i.e., the modification of Measure 37 avoiding the necessity of affirmative action on most of the original claims under Measure 37), I didn't expect that to happen in this case. Frankly, it's gratifying to learn some action has actually been taken to move it forward. I trust you will help me keep it from getting lost in the shuffle of paperwork as time passes. I trust also that you will let us know when it's time to get involved with the Planning Commission. Again, thank you for the update. A51 D5 ' 1 ©Q�Q�Q Phil Yount, Treasurer and Facilities Manager /3 r7s j-ge_74" — Tigard Grange No. 148 P.0 Ea( 0. 3■00'W From: ron @tigard-or.govlg f O' - 9701 rf To: philipyount @msn.com J CC: Garyp @tigard-or.gov; cherylc @tigard-or.gov; SusanH @tigard-or.gov; CRAIG @tigard-or.gov Date: Tue, 28 Jul 2009 11:25:51 -0700 Subject: RE: Progress? 1 rte\ Hi Phil: We got the matter before Cecil and it directed the Planning CommissWco hold public hearings on a proposal. However, it will be at least three months before it gets to the Planning Commission and back to Council. If it works out as anticipated, the Council will have hearings in October/November. An ordinance will be on the books for the next season. We will make sure we involve you and your colleagues in the Planning Commission process. Making Code changes takes time and I regret we could not get something on the books that the Grange could work with this season. Best Wishes, Ron From: Phil Yount [mailto:philipyount @msn.com] Sent: Saturday, July 25, 2009 11:55 AM To: Ron Bunch Cc: Mark and Julie Schnetzky; Miguel Mendiola (barbecue) Subject: Progress? Hi, Ron! Haven't heard anything for some time. What kind of progress if any are you making towards getting the Code changed so as to allow the Grange to have a mini-Farmers Market on weekends during the Summer? Any chance still that we might be able to do it this year? Respectfully, Phil Yount 2 2S103DD00600 • TIGARD GRANGE NO. 148 PO BOX 230252 TIGARD,OR 97281 5 f Dq r / ju2 ' . 1 �8 13 61/0 paav_pe...„ S'iM?1311�„ /�2iV132��3� M WW1 a v � t 0 • it: ®® AFFIDAVIT OF MAILING = o` 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: {aeckApp.oprive Box(s)Below} © NOTICE OF FINAL ORDER FOR DCA2009-00004/SEASONAL OUTDOOR SALES (File No/Name Reference) ❑ AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director p Tigard Hearings Officer ❑ Tigard Planning Commission Ei Tigard City Council - (2/23/2010) 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 March 1,2010,and deposited : United St.te \ .• on March 1,2010,postage prepaid. i OP 4 4001 . ii_7L (Person that Pre.are. .'�otice) Mr ..% STATE OF OREGON County of Washington ss. City of Tigard / Si' Subscribed and sworn/affirmed before me on the I day of /�`'-" �' ,2010. i 0.1.1-,• OFFICIAL SEAL i ��*� SHIRLEY.PUB I TREAT O lift p ,� NOTARY.PUBLIC-OREGON .C,�„''T- �''' COMMISSION NO.416777 ) MY COMMISSION EXPIRES APRIL 28,2011 NOTARY P C UB OF ORE/ O My Commission Expires: 120 DAYS =N/A DATE OF FILING: 2/26/2010 • DATE MAILED: 3/1/2010 EXHIBIT. . 11 -11 /1 CITY OF TIGARD ° -ilag n Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004 Case Name: SEASONAL OUTDOOR SALES 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. 10-05). 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 OCTOBER 19, 2009, DECEMBER 7, 2010 AND JANUARY 4, 2010 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON TTH1EE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON FEBRUARY 23, 2010 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 Community Development Code Amendment to Chapter 18.785 (Temporary Uses), to allow seasonal markets by chartered public service/non-profit organizations in the GG and MUCBD zones from April to October subject to Tigard Community Development Code Standards. At the February 23, 2010 City Council meeting, the Council unanimously approved this amendment. ZONE: GG and MU-CBD. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goals 9.2.1 and 9.3, Economic Development;Goal 15.2,Special Planning Area- Downtown; and Statewide Planning Goals 1,2 and 9. 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 MARCH 25, 2010. 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. 10-C 5 AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.785, TO ALLOW SEASONAL MARKETS BY CHARTERED PUBLIC SERVICE/NON-PROFIT ORGANIZATIONS IN THE C-G AND MU-CBD ZONES FROM APRIL TO OCTOBER SUBJECT TO TIGARD COMMUNITY DEVELOPMENT CODE STANDARDS (DCA2009-00004)4 As A incopEo WHEREAS, the Community Development Director, with direction from the Tigard City Council, initiated the proposed code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by chartered public service/non-profit organizations; and WHEREAS, the proposed code amendment substantively amends the text of Chapter 18.785, Temporary Uses, by providing explicitly for "seasonal markets" as a type of Seasonal or Special Event and by providing specific approval criteria governing time, place, and manner; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first evidentiary public hearing; and WHEREAS, the Tigard Planning Commission held public hearings on October 19, 2009 and January 4, 2010 and recommended Council approve the proposed code amendment, as amended by it, with a 9-0 vote; WHEREAS, notice of the public hearings was published in the Tigard Times and the Oregonian Newspapers at least 10 business days prior to the public hearings; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the applicable review criteria: Community Development Code Chapters 18.380, 18.390 and 18.520; Comprehensive Plan Goal 1, Public Involvement; Goal 2,Land Use Planning; Goals 9.2.1 and 9.3, Economic Development; Goal 15.2, Special Planning Area- Downtown;and Statewide Planning Goals 1, 2 and 9. WHEREAS, the Tigard City Council held a public hearing on February 23, 2010, to consider the proposed amendment; and WHEREAS, the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. ORDINANCE No. 10- o5 Page 1 NOW,THEREFORE,TITY OF TIGARD ORDAINS AS OWS: SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: The findings in the October 9, 2009 Staff Report to the Planning Commission and the Minutes of the October 19, 2009 and January 4, 2010 Planning Commission hearings are hereby adopted in explanation of the Council's decision. 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. PASSED: By U naril molk5 vote of all Cou.n5i1 members present after being read by number and title only, this 031:2g day of b' .0 , 2010. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this r�,'>` day of , 110. G Craig Dirksen, Mayor Approved as to form: C. Atto ey 'Y3 /v Date ORDINANCE No. 10- 05 Page 2 • • EXHIBIT A DCA2009 00004 CODE AMENDMENT • Explanation of Formatting _ This text:amendment`employs-'tle'followim forma t [Bold%Underlined) Text`to:be added' -[fold/Double=Uncle Text that will;bee ui derl ried°upon codification —"Text=to be_removed _ • : Chapter 18.785 TEMPORARY USES Sections: 18.785.010 Purpose 18.785.020 Types of Temporary Uses 18.785.030 Approval Process 18.785.040 Approval Criteria 18.785.050 Application Submission Requirements 18.785.010 Purpose A. Purpose. The purpose of this chapter is to establish standards for the approval of three types of temporary use: 1. Use that is seasonal or directed toward a specific event; 2. Use which is occasioned by an unforeseen event;and 3. Sales offices and model homes in conjunction with the sale of homes. B. Disclaimer. This chapter is not intended to be a way to circumvent the strict application of the use districts. Therefore, time limits are to be strictly enforced. This--ehapter is not intended to apply to garage oaks. C. Exemptions. This chapter does not apply to 1,.1 seasonal and special events conducted exclusively by and totally for the benefit of a Tigard-based nonprofit organization. 2) garage sales, or 3) temporary construction offices in conjunction with the initial development of residential, commercial or industrial property (three or more dwelling units or lots). 18.785.020 Types of Temporary Uses A. Seasonal or special event. This type of temporary use is a use which by its nature will last less than one year. Examples of this type of use are those associated with the sale of goods for a specific holiday, activity or celebration, uses associated with construction, or season 1 use. This type of use does not apply to businesses seeking a temporary or interim location. • typeiof temporary usefinclude: SE 1. Use associated with the celebration of a specific holiday such as the sale of Christmas trees and fireworks; 2. Use associated with the sale of fresh fruits, produce, and flowers, including seasonal markets by a chartered public service/non-profit organization which may offer additional products and SEASONAL OUTDOOR SALES REVISED DEVELOPMENT CODE AMENDMENT DCA2009-00004 1/5/2010 PUBLIC HEARING ` i 1 J PAGE 1 OF 3 C,`^ a-a3. I D. C;iy Ctu,r,c;1. C .; ;�; u:i e'rex, • • services as provided in the organization's "market rules and policies" such as landscaping plants.prepared food, animal products, and art/handcrafts assembled by the vendor; 3. Use associated with festivals or celebrations or special events; 4. Seasonal activities such as the sale of food at sports events or activities; 5. Use associated with construction such as the storage of equipment during the construction of roads or development,but not a temporary sales office or model home as provided by Section 18.785; and 6. Temporary fund raising and other civic activities in commercial zoning districts. 18.785.030 Approval Process A. Procedure type. Approval of various temporary uses shall be processed as follows: 1. Seasonal or special event: by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Section 18.785.040A; 2. Unforeseen/emergency situations: by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Sections 18.785.040B; 3. Temporary sales office/model home: by means of a Type I procedure, as governed by Section 18.390.030,using approval criteria in Sections 18.785.040C; 4. Temporary building in commercial and industrial zones: by means of a Type I procedure, as governed by Section 18.390.040,using approval criteria in Sections 18.785.040D. B. Effective Approval .eriod. An approval for a temporary use by the Director shall be effective valid for a period of one year unless otherwise stipulated by the approval. C. Lapsing of approval. An approval for the temporary use by the Director shall lapse if 1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period; and 2. Construction or activity on the site is a departure from the approved plan. D. Renewal of approval. A temporary use approval may be renewed once by the Director for a period not to exceed one year. Approval for a seasonal or special event use may be renewed on an annual basis in the same manner as if it were an original application. Notice of the decision shall be provided to the applicant. E. Renewal for temporary residential sales office/model homes. A permit for temporary sales offices and model homes may be renewed on an annual basis in the same manner as if it were an original application as long as 50%or less of the total number of dwelling units have been issued occupancy permits. 18.785.040 Approval Criteria A. Seasonal and special events. Using a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions or deny based on findings that all of the following criteria are satisfied: 1. The use occurs only once in a calendar year and for no longer a period than 30 consecutive days, except as provided in paragraph 6. SEASONAL OUTDOOR SALES REVISED DEVELOPMENT CODE AMENDMENT DCA2009-00004 1/5/2010 PUBLIC HEARING PAGE 2 OF 3 r 2. The use is permitted in the underlying zoning district. 3. The applicant has proof of the property-owner's permission to place the use on his/her property; 4. There will be no parking utilized by the customers and employees of the temporary use which is needed by the property owner to meet his/her minimum parking requirement, as governed by Chapter 18.765, Parking and Loading. 5. The use will provide adequate vision clearance, as governed by Chapter 18.795, Vision Clearance, and shall not obstruct pedestrian access on public rights-of-way. 6. Seasonal markets are permitted in the C-G and MU-CBD zones and may operate from April through October. The applicant shall provide "market rules and policies" for City approval, which are consistent with the seasonal market use description in 18.785.020.A.2 and will be observed for the duration of the permit. Market rules and policies shall include hours of operation, location, product guidelines,_vendor obligations, vehicle loading/unloading, and any other applicable policies guiding the operation of the market. The City may also consider the following criteria: a. Provide documentation demonstrating adequate and safe ingress and egress exist when combined with the other uses of the property, consistent with applicable standards of Chapter 18.705,Access, Egress and Circulation; b. Provide documentation demonstrating the use will not create a traffic hazard, including coordination with ODOT if applicable; c. Provide documentation that the use will not create adverse off-site impacts related to noise, odors, vibrations, glare or lights that would be greater than otherwise allowed by uses permitted outright in the zone; and d. Signs are allowed as permitted in Chapter 18.780, however, the permitted period for temporary signs may be approved to correspond to the duration of the permitted seasonal market use. 18.785.050 Application Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type I, depending on the type of temporary use for which the approval is sought. B. Additional information. In addition to the information described in Subsection A above, the applicant shall provide a site plan, narrative and other information as specified in a detailed hand-out provided by the Director. C. Emergency situations. The Director may waive any of the requirements in this chapter or request additional information in accordance with Chapter 18.390 for cases which involve destruction of an existing structure due to fire, natural causes, or other circumstances that are beyond the control of the applicant. An emergency as allowed by this subsection shall not include failure by the applicant to submit a temporary use request as provided in this Chapter.■ SEASONAL OUTDOOR SALES REVISED DEVELOPMENT CODE AMENDMENT DCA2009-00004 1/5/2010 PUBLIC HEARING PAGE 3 OF 3 ATTACHMENT 2 • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes January 4,2010 1. CALL TO ORDER Vice President Walsh called the meeting to order at 7:01 pm. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Present: Commissioners Anderson (came in slightly later than roll call), Caffall, Doherty, Fishel, Gaschke, Hasman, Muldoon, Vermilyea, and Walsh; Alternate Commissioners Schmidt& Shavey Absent: None Staff Present: Ron Bunch, Community Development Director; Dick Bewersdorff, Planning Manager; Gary Pagenstecher,Associate Planner;John Floyd, Associate Planner; Doreen Laughlin, Sr. Administrative Specialist 3. COMMUNICATIONS Dick Bewersdorff, Planning Manager,introduced the new planning commissioner and alternates,Tim Gaschke,Don Schmidt, and Richard Shavey. 4. CONSIDER MEETING MINUTES 12-07-09 Meeting Minutes: Vice President Walsh asked if there were any additions, deletions, or corrections to the minutes - taking into account a small correction that had been phoned in earlier correcting the date on page 2, second sentence, to 1-4-10. Walsh then declared the minutes approved. Walsh moved on to the work session and elections. 5. WORK SESSION -ELECTIONS Walsh opened up the floor to nominations. The former president of the Commission left in December after serving 8 years as a Commissioner. This left the balance of that position (1 year—to end 1-1-11) open]. Commissioner Vermilyea moved to nominate Commissioner David Walsh as President. The motion was seconded by Commissioner Hasman. There were I:\CURPLN\Gary\Development Code Amendment\DCA2009-00004(Seasonal Outdoor Sales_Farmers Market)\Council Packet 2-23-10\1-4-10 Planning Commission Minutes.doc Page 1 of 7 • • no other nominations. There was a verbal vote, and Commissioner Walsh was elected to the office of Planning Commission President. Commissioner Hasman moved to nominate Commissioner Vermilyea for the office of Vice President. The motion was seconded by Commissioner Caffall. Commissioner Walsh nominated Commissioner Muldoon. There was no second. There was a secret ballot with Commissioner Vermilyea getting the majority of votes and thus being elected. President Walsh opened up the public hearing. 6. PUBLIC HEARING 6.1 DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004. SEASONAL OUTDOOR SALES CODE AMENDMENT — Cont'd from 12-07-09 STAFF REPORT Gary Pagenstecher,Associate Planner, gave the staff report on behalf of Staff. [Staff reports are available one week before each scheduled meeting.] Pagenstecher noted that this matter had been continued from 10-19-09, to 11-2-09, to 12-7-09, to this date. He gave a brief background on what had been said at the previous meetings. He acknowledged the presence of a gentleman from the Tigard Grange named Phil Yount who had participated in the meeting on 10/19. Pagenstecher said that at previous meetings Phil Yount (representing the Tigard Grange) and Stan Baumhofer (representing the Tigard Area Farmer's Market) had raised several issues in response to the proposed code amendments. In addition, Commissioners had raised several issues in response to the proposed amendments, including qualifying the type of organization, duration of the seasonal use, less onerous and more user- friendly approval criteria, and a call out for hours of operation. These issues were addressed in the staff analysis portion of the memorandum Pagenstecher wrote to the Planning Commission dated 12-28-09, and reflected in the revised Development Code Amendment. Pagenstecher went over the code sections that had been revised (18.785.020 — "Types of Temporary Uses"; and 18.785.040 "Approval Criteria") and noted that the other sections addressed in the October 9, 2009 staff report remained unchanged. After reviewing the changes noted on the memorandum, Pagenstecher said staff is asking the Planning Commission to recommend this Development Code Amendment to the City Council. At this point, Pagenstecher asked if the commissioners had any questions of staff. I:\CURPLN\Gary\Development Code Amendment\DCA2009-00004(Seasonal Outdoor Sales_Farmers Market)\Council Packet 2-23-10\1-4-10 Planning Commission Minutes.doc Page 2 of 7 • • • QUESTIONS FROM COMMISSIONERS OF STAFF I have a concern regarding the time references—there are multiple references where it says less than one year as opposed to 7 months — and other places where time references aren't universally applicable. Did you review this for consistency for time references? The chapter "temporary uses"covers a number of uses. We have clarified and added "Seasonal Market"section - here and the duration relates specifically to that use. I understand your definition of"seasonal" is 30 days? Well, the seasonal market is one type of season. I suggest we change the language of 18.785.040 A.1. to say "except as provided in paragraph 6. Commissioner Vermilyea said "it appears the intent of the language is to be very flexible for the applicant—in that there is no definition of what "documentation" is in 6b. Also in saying you must provide some form of market rules and policies that contain at least these items. My suggestion would be to put A in the body of 6, making it a mandatory requirement and change it to say something like "The applicant shall provide... etc."This-last sentence says the City may consider the following additional approval criteria for seasonal markets. I think, in my mind, there are pretty significant differences between those rules and policies and what other issues may arise depending on a given market. I think there needs to be kind of a structural adjustment. One way to do it would be to move A up —make it #6, and make everything else #7 —another way would be to move the body of A up and put it in as the 2nd sentence in #6 and then have B become A, and C become B, etc. etc. But one of those two things I think we ought to do because we need to distinguish between A and the rest in this list. • There were more ideas discussed about how to go about changing the verbiage; and then the questions continued: My question revolves around two terms that are used. One in 17.785.020 sub A2 "chartered public service/non-profit organization etc." - the word "charter" — that word makes me uncomfortable because it's not really defined anywhere. I deal with non-profits and am not aware of what a "charter non-profit" is. If we're going to use that word, I'd like to see it defined. Secondly, the word in 18.785.040 6.B, C, & D - "documentation" - what kind of documentation does staff intend when you use that term rather than the specific kinds of reports that you're talking about. What sorts of documentation would a party use to satisfy these criteria? Could you please speak to these? Pagenstecher answered `Possibly some mitigation plan, a sketch,fairly simple, a written plan, in some situations these could be sufficient. It all depends on the circumstances— the simpler the circumstance, the simpler the documentation can be." I:\CURPLN\Gary\Development Code Amendment\DCA2009-00004(Seasonal Outdoor Sales_Farmers Market)\Council Packet 2-23-10\1-4-10 Planning Commission Minutes.doc Page 3 of 7 • • Pagenstecher went on to speak about the definition of charter— `a document outlining the principals functions and organizations of the corporate body"- a constitution, again,just a very basic thing. It is a simple statement of the purpose of the group."So you're not intending that an organization be...for example... licensed with the state as corporate entity as a state charter/non- profit necessarily? They could be a Girl Scout troop, or some other organization that may not have all the formal documents in place. Yes— that's right. Conceivably getting a tax filing status costs money and ffort that the group wouldn't want to front and typically it's a hurdle to get that although groups like it because it can fundraise if they do get that but in this case, it's theoretical. We don't really know who's going to `come out of the woodwork"to want a market. Right now we're just throwing out an `all comers welcome"— "try this out ifyou can meet these standards"and we can't presume who those groups are going to be. It's as wide as possible." One of the commissioners summarized "So, for example, what you're looking for is an organization that has a constitution, a charter, but they are not be through the "State of Oregon." So you're looking at groups that would be organized, have a charter, have a purpose, that kind of thing. Is that the purpose behind the language?" Yes. PUBLIC TESTIMONY—IN FAVOR: Phil Yount, 11222 SW Cottonwood Lane, Tigard, manager for Tigard Grange had what he said was a really basic question. "It seems as if the Tigard Grange is exempted from all this in 18.785.010 C "Exemptions" —the first one says "seasonal and special events conducted by and totally for the benefit of a Tigard-based nonprofit organization." If we're exempted... does any of this apply to us? The word "totally" makes the grange non-exempt. Pagenstecher: Can you clarify how this would work?Yount: "The Tigard Grange would ask members (or non-members) to rent a little space from us and we'd get a share of their profits from whatever stuff they sell. We'd use that as a fundraiser.Pagenstecher: So, in that case, I'm thinking you would not be exempt. You would have vendors who would profit also. Yount: "Oh-because of the word "totally"... "totally for the benefit of..." that would explain it. Some of the commissioners thought this language might be a bit confusing to others as well and thought it would be best in 18.785.010 C to drop the word "totally" out and add the words "exclusively by and for." PUBLIC TESTIMONY— OPPOSED: None. PUBLIC TESTIMONY CLOSED DELIBERATIONS I:\CURPLN\Gary\Development Code Amendment\DCA2009-00004(Seasonal Outdoor Sales_Farmers Market)\Council Packet 2-23-10\1-410 Planning Commission Minutes.doc Page 4 of 7 • • There were no further questions or deliberations and the following motion was made by Commissioner Muldoon, seconded by Commissioner Caffall: "I move to forward a recommendation of approval to City Council of application DCA 2009-00004 continued from Dec 7th 2009, and adoption of the findings and conditions of approval contained in the staff report and the deliberations tonight and based on the testimony tonight." "Do I need to itemize the differences?" Planning Commission Secretary Laughlin answered, "Yes, please." [The differences follow:] Under "18.785.010 —under Part C, "Exemptions," it would read "events conducted exclusively by and for," rather than the prior language. Under 18.785.040 — at the end of sentence A.1, it would have "except as provided in paragraph 6"; and under the same section "Part 6"we would move sub-par A up to the part of the main paragraph, second sentence, where it would say "the applicant shall provide" and then otherwise the remainder of the language in par-A would be the same and an additional sentence would say "The City may also consider the following criteria: and then B, C, D, & E would be labeled A thru D." The motion CARRIED on a recorded vote, the Commission voted as follows: AYES: Commissioner Anderson, Commissioner Caffall, Commissioner Doherty, Commissioner Fishel, Commissioner Gaschke, Commissioner Hasman, Commissioner Muldoon, Commissioner Vermilyea, and Commissioner Walsh (9) NAYS: None (0) ABSTAINERS: None(0)— ABSENT: None (0) Walsh stated that this would go to Council on February 9th. 7. STUDY SESSION Re Joint Meeting with Council Regarding Trees STAFF REPORT John Floyd, Associate Planner, introduced himself and gave the staff report on behalf of the City. [Staff reports are available to the public upon request one week in advance of any meeting.] Floyd said the purpose of this session is to help them prepare for the upcoming joint Council/Planning Commission meeting scheduled for January 19th. Walsh asked him I:\CURPLN\Crary\Development Code Amendment\DCA2009-00004(Seasonal Outdoor Sales_Farmers Market)\Council Packet 2-23-10\1-410 Planning Commission Minutes.doc Page 5 of 7 ATTACHMENT 3 • City of Tigard TIGARD Memorandum To: Planning Commission From: Gary Pagenstecher Re: DCA2009-00004 Seasonal Outdoor Sales: Revised Development Code Amendment addressing testimony and Commissioner Comments from the October 19th Hearing Date: December 28, 2009 The City initiated the proposed code amendment to facilitate the Tigard Grange and other public benefit/service organizations such as the Tigard Area Farmers' Market to hold season-long events. The proposal substantively amends the text of Chapter 18.785, Temporary Uses, by providing explicitly for "seasonal markets" as a type of Seasonal or Special Event and by providing specific approval criteria governing time,place, and manner. At the Planning Commission's October 19, 2009 hearing, the Commission received testimony from the Phil Yount of the Tigard Grange and Stan Baumhofer of the Tigard Area Farmers Market. Mr. Yount was generally in favor of the proposed code amendments but worried that the approval criteria would require specialized findings and the need to pay for consultant services. Mr. Baumhofer expressed concern that the proposed code amendments included regulations which could stifle new business development. In addition, Commissioners .raised several issues in response to the proposed code amendments including qualifying the type of organization, duration of the seasonal use,less onerous and more user-friendly approval criteria, and a call out for hours of operation. These issues are addressed in the following analysis and reflected in the attached Revised Development Code Amendment. STAFF ANALYSIS ------------ ---- --- --------_-— - --- - The following code sections have been revised as discussed below, while the proposed amendments to other sections addressed in the October 9, 2009 Staff Report remain unchanged. 18.785.020 Types of Temporary Uses This section contains the new temporary use "seasonal markets by chartered public service/non-profit organizations." Commissioner's wanted to clarify staffs intention with respect to "chartered public service/non-profit organizations." Staff supports the proposed language as a means to make the seasonal market use available to a wide range of organizations and not just those that are non-profits registered with the State's Corporation Division. Some public service organizations, such as a flower guild or social club may not be legal non-profits but nevertheless have a charter outlining the principles, functions, and organization of the group. As Stan Baumhofer testified, the Tigard Area Farmers Market started out as a civic event. In addition, the dictionary definition of the terms provides sufficient detail to determine if an organization qualifies. • • 18.785.040 Approval Criteria A sixth approval criterion is proposed to establish the location, timing, and manner of the seasonal market use. This criterion provides a special term for seasonal markets of seven months to accommodate weekend or weekday markets. Originally proposed from May through October, the revised code amendment lengthens the period to include April as suggested by Mr. Yount. The period could be extended to a full year, as suggested by Mr. Baumhofer, to provide maximum flexibility. However,given the focus on seasonal markets for agricultural products, staff proposes the seven month period. Five additional approval criteria are listed (18.780.040.A.6.a-e), applicable to seasonal markets only. Commissioners expressed concern that some of these criteria may potentially be too onerous for non- profit organizations to meet for the ephemeral seasonal market use. The following changes are proposed for criteria a through c to make them less onerous under the proposed revised code amendment: a. The sponsoring organization's "market rules and policies" describe the operating procedures and product mix allowed in a seasonal market. The City will require this document at the time of application to ensure seasonal markets comply with the character of the seasonal temporary use type as described in Section 18.785.020.A.2. The revised code amendment additionally lists basic elements that should be included in the rules and policies,including the hours of operation. Seasonal markets would then be held to the terms of rules and policies as reviewed and approved by the City at the time of application. b. In demonstrating safe ingress and egress, "access plan" is replaced.by "documentation" to allow the applicant more flexibility. The expectation of a formal "Plan" can otherwise be substantively addressed by findings,letters of concurrence, or other documentation. c. To address potential traffic hazards, "traffic study" is replaced by "documentation" and "ODOT review" is replaced by"coordination with ODOT." The expectation of a formal traffic study and review by ODOT can otherwise be substantively addressed through findings, consultation, or other available information. T 1 • ATTACHMENT 4 -- CITY OF TIGARD PLANNING COMMISSION Meeting Minutes October 19,2009 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 Present: Commissioners Anderson, Caffall, Doherty, Fishel, Hasman, Inman, Muldoon,and Vennilyea Absent: Commissioner Walsh,Alternate Commissioner Gaschke Staff Present: Community Development Director Ron Bunch Assistant CD Director Susan Hartnett Planning Manager Dick Bewersdorff Downtown Redevelopment Manager Sean Farrelly Associate Planner Gary Pagenstecher Senior Administrative Specialist Doreen Laughlin 3. COMMUNICATIONS- none 4. CONSIDER MEETING MINUTES 10-05-09 Meeting Minutes: President Inman asked if there were any corrections, deletions, or additions to the minutes;there was one correction (Commissioner Doherty's name had inadvertently been misspelled), President Inman declared the minutes approved with the —_ " note correction. 5 PUBLIC HEARINGS 5.1 DOWNTOWN TIGARD CODE AMENDMENTS COMPREHENSIVE PLAN AMENDMENT(CPA)2009-00003,DEVELOPMENT CODE AMENDMENT (DCA)2009- 00005,ZONING MAP AMENDMENT (ZON)2009-00001 I:\J.RPJ.N\Doreen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutcs.doc 1 • 5.2 DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004. SEASONAL OUTDOOR SALES CODE AMENDMENT STAFF REPORT Associate Planner Gary Pagenstecher went over the staff report on behalf of the City. (Staff reports are available to the public one week before the scheduled meeting.) QUESTIONS OF STAFF & COMMENTS FROM COMMISSIONERS Is there a City goal of having a single "Tigard Farmer's Market?" Pagenstecher: The Comp Plan calls for Farmer's Markets Downtown.That's a goal expressed in the Comp Plan. I think in the staff report we find this language allowing for a Farmer's Market consistent with that goal. Do we have a specific plan to provide a certain area in City owned property? No. Bunch interjected that a city can provide a place/opportunity for Farmer's Market. He said it's very rare for a city to be the actual sponsor of a Farmer's Market kind of activity. Cities throughout the state in our research and experience worked with the organizations that establish a charter (inaudible) Farmer's Market. It is a City goal to provide opportunities for Farmer's Markets who operate in a community. So what I'm hearing is it's possible for several Farmer's Markets could be operating in the City at the same time?This has me concerned -so on any Saturday and Sunday—are we talking,about a Farmer's Market at the Grange, a Farmer's Market Downtown, and maybe a Farmer's Market someplace else within the confines of the City all at the same time? Bunch: This provides the opportunity for that to happen if the market will allow it to occur according to the specific criteria,yes. - Commissioner Vermilyea said he had a technical question— [Re: Page 6 of 10—18.785.0201. What do you mean by the word "charter"? is that meant to be a licensed;registered,non-profit with the state corporation division—is that what the intent is there? Or is there some other charter that I'm not aware of? Is the City intending to issue a charter?No. So my suggestion then would be to put in language something along the lines of a public service or non-profit organization duly and properly licensed by the State of Oregon—or something along those lines because in order for a non-profit to operate legally in Oregon you have to register and file annual reports with the state corporations division. So something along those lines to me seems to be a more specific set of language than"charter". Commissioner Doherty—So,in other words,when you talk about charter your intent was an organization that has a charter, a by-laws, a constitution, that kind of thing? I:\LRPLN\Dorccn\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutes.doc 6 Or was your intent that they had some recognition from the state? I really think that needs to be defined—I agree with Commissioner Vermilyea. Pagenstecher-We ran this by the City Attorneys and they had no problem with this language. Neither did they didn't suggest another language. They can be chartered public service—in other words by-laws and documents that they have this organization and operate under these rules, or they can be a non-profit organization. QUESTIONS OF APPLICANT TESTIMONY IN FAVOR: Phil Yount, 11222 Cottonwood Lane,Tigard—introduced himself as the "treasurer/janitor/rental manager" of the Tigard Grange. He's also a 17 year resident of the City of Tigard. He wanted to publically thank Ron Bunch and Gary Pagenstecher for their recognition of the problem confronting the Tigard Grange last spring and summer when they wanted to implement a Farmer's Market activity on.the Tigard Grange property and were not allowed to do so for longer than 30 days. When asked how the Tigard Farmer's Market could operate for longer than 30 days, he said they didn't really have an answer to that question—and thus, this meeting tonight. He said the Grange needs to have a way to earn funds to support the activities at the Grange. He hopes that the Planning Commission will see fit to recommend this to the City.Council and they will end up passing it so that a year from now they can implement their Farmer's Market. He said he was concerned about one thing in the staff report. The one that says they will need to enumerate how they are satisfying all these different things,like visual access, parking, so on and so on. He said he's relatively confident they can do it but whether they can write it— they don't have writers and if they have to hire an attorney to write that application for them, that might be somewhat of a disadvantage... but they might just have to overcome it. He ended saying he encourages them to recommend this to the City Council. QUESTIONS OF YOUNT: What's your take on actually calling out specific months (such as May to October) as opposed to just giving a specific duration of iimeF-We would probably be happier if it said "April to October" but I'm satisfied with May to October. That would fulfill all the requirements that we currently have. We have a strawberry vendor that works within the 30 day requirement.We also have a Christmas tree vendor that works within the 30 day requirement. If we could have the six months—seven would be better—but I don't think that's a critical need. Do you have concerns with dealing with traffic that might be coming in and out of the grange during the market on Hwy 99? No—because we have entrance and egress as it stands and we have to deal with that during the Christmas tree season and the strawberry vending season as it is and haven't had any particular complaints about that. 1:\LRPLN\Doreen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutcs.doc 7 • • TESTIMONY AGAINST Mr. Stan Baumhofer,PO Box 230421,Tigard 97281,President of the Tigard Area Farmers Market at 12950 SW Pacific Hwy, said he signed up as "against" the proposals,not so much that he's against anything that is proposed in the current code,but more the concept is that the more regulations you provide, the less chance a new business has of starting. His testimony is as follows: We have no objection to the grange having a market or any other body— so far as we're concerned—the more the better. Like a gas station on 4 corners. Some of the things being considered should include a definition of what a Farmer's Market is.To make it easier on staff so that if someone comes to the counter, there should probably be a definition of what's a "bazaar,"and what's a "food cart",what's a "Farmer's Market," what's a"garage sale"— so there's a definition as to where this potential applicant falls into your codes here. Also—considering whether it's a business for profit or a business not for profit. We started ours as a civic event and a venue for other non-profits to come at no charge by the market to display whatever they had--the Boy Scouts, the Chamber, the Red Cross Blood Drive, or the City itself,when it's promoting an issue,we're glad to have you there at no charge—cause that's what we're all about. We're run by volunteers—we do hire a manager for the actual market—I'd like to introduce Pat Benson here. She is our Market Manager. Whether the organization is a profit or non-profit should be of some concern. If Landmark Ford came in and said they wanted to have a market in their parking lot on Saturdays - that might be a separate concern or issue as to whether in comparison to a non-profit such as ourselves who are here for a civic purpose. We are registered with the Oregon Corporation Commission as a tax-paying corporation and we file a tax return every year. If we were to get to specific issues here I have a couple points. Specifically: the code exempts markets and yet you're trying to put allowances for temporary uses. If you want to talk about a timeframe in the context of running a market, I think it should say something like"less than a year." That way you don't have to worry about it being May 10th or May 12th or May 20th or something that specific. So you say less than a year—are you expecting us to come in every year and pay a new fee each time we renew our license? Is this code intended just to generate some more revenue e for r the City and therefore run up the expense of the Markert itself?Limiting the type of products to be sold is another can of worms because—where do you stop —or where do you start on the different types of items to be sold. And if we do need approval every year,would you expect a fee from us?As to a new market starting and having to do a lot of studies... a"traffic study"—obviously we want to be concerned about the traffic but if you require so many studies—they're spending 4, 5, 7, 8, $10,000 just to go into business— they're never going to go into business.That is contrary to what I think the City should be doing. We've had over 75,000 people at our markets this summer—we compete with the Balloon Festival. Signage is an important thing for a market to succeed. What we would like to have is a permanent sign that says "This is the Home of the Tigard Area Farmer's Market" so I:\LRPLN\Doreen\PC\PC Packets for 7009\10-19-09\tpc 10-19-09 minutes.doc 8 • • people could contemplate 12 months of the year where we are and where we're going to appear when the market products come into vogue. QUESTIONS OF MR. BAUMHOFER With respect to the timeframe -is May to October as enumerated in the statute sufficient? Is it better to make it April to October as Mr. Haagen suggested, or is it best to make it a range of 6 months, or 7 months,in terms of how you're going to operate and when you're going to operate? That pretty much hinges on what your product is going to be. If you're going to sell something that's winter month oriented,you require during that time of year and that's why I say you can't guess correctly and fit all... one size doesn't fit all.We found that those six months from the middle of May to the end of October fits the kind of product that we are focusing on. That might not always be true for us or some other market. So are you suggesting that we change it to be a range of a number of months to give that kind of flexibility? With any 12 month period I think would be the flexibility that would work best. At this point, President Inman asked if anyone else was in the audience who wished to testify. There were none. QUESTIONS OF STAFF Regarding the criteria—they could tend to lean toward being onerous... such as letter"C," the traffic study. It could be a very expensive endeavor. That and "D," documentation that there is no adverse off-site impacts etc. How do you achieve that without paying consultants, and experts, and studies? I do see that, depending on how this is interpreted,you could end up spending thousands of dollars documenting something. Is there a way to soften the language so an applicant can address their plan and these concerns and then the planning director or somebody can require further documentation if they deem it necessary- to sort of allow somebody to "get in the door"? Pagenstecher: Not every site will have the same set of problems. It's entirely appropriate to attempt to make these standards achievable by non- profits who are doing something maybe once a week. I'd like a common sense approach—a less onerous approach. We need to take another look at these 5 criteria of 18.785.040 No. 6. And come up with a way to get to what you're talking about because I don't think the language that's in there now, gets there. Can you wordsmith this so that the goal is workable—allowing permitted uses for both of these entities? Yes—we can certainly do that. We have a few months until May to work this out. I:\LRPLN\Doreen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutes.doc 9 • • President Inman asked for a general consensus from the Planning Commission. If I'm hearing this correctly,we'd like to go back and address these approval criteria, see if we can soften them up,get more of a sliding scale—something in there that's a little more potentially "user friendly."Is that correct? The Commission concurred. Commissioner Vermilyea added one thing that he wanted to be specific criteria—and that would be a call out for hours of operation. So the way it's written right now the modification is good for one year? So would they come in every year for a modification?Yes—they would renew it each year. What are the fees associated with that? Currently non-profits have no fees for renewal. PUBLIC HEARING CLOSED DELIBERATION The commission decided to continue this meeting and deliberations to November 2nd. 6. OTHER BUSINESS—None. 7. ADJOURNMENT President Inman adjourned the meeting at 8:50 pm. • Doreen Laughlin,Planning Cornmi- i. Secretary cJ o„A___ ATTEST: President Jodie Inman 1:\LRPLN\Doreen\PC\PC Packets for 2009\10-19-09\tpc 10-19-09 minutes.doc 10 ATTACHMENT 5 • Agenda Item: 5, Hearing Date: October 19.2009 Time: 7:00 PM rs STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON T l G A R D SECTION I. APPLICATION SUMMARY CASE NAME: SEASONAL OUTDOOR SALES CASE NO.: Development Code Amendment(DCA) DCA2009-00004 PROPOSAL: The City of Tigard requests approval for a development code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard. Community Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by public benefit/community service organizations. APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 ZONES: C-G: General Commercial District The C-G zoning district is designed to accommodate a full range of retail, office and civic Uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use.A wide range of uses,including but not limited to adult entertainment, automotive equipment repair and storage, mini- warehouses, utilities, heliports, medical centers; major event entertainment, and gasoline stations,are permitted conditionally. *CBD: Central Business District The CBD zoning district is designed to 'provide a concentrated central business district,centered on the City's historic downtown,including a mix of civic,retail and office uses.Single-family attached housing,at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted - - - -out right:A-wide-range-of-uses,T including-but-notlimited-to-adult-entertainment,utilities, - facilities with drive-up windows,medical centers, major event entertainment and gasoline stations,are permitted conditionally. *Note: The CBD zone is scheduled to be enlarged and rezoned MU-CBD when the Council reviews and, if acceptable, approves the Downtown Code Amendments on December 8, 2009.Therefore, the proposed revision to the Temporary Use Chapter text which identifies the applicable zones for seasonal markets includes the new zone in anticipation of its adoption by Council.(18.785.040.2,page 7). LOCATION: Land zoned General Commercial (C-G) and Mixed Use-Central Business District (MU- CBD). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; Comprehensive Plan' Goals 1, Public Involvement; Goal 2, Land Use Planning; Goals 9.2.1 and 9.3, Economic Development; Goal 15.2, Special Planning Area- Downtown; and Statewide Planning Goals 1,2 and 9. SEASONAL OUTDOOR SALTS DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 Or 10 . • SECTION IL STAFF RECOMMENDATION Staff recommends:that the Planning Commission find in favor of the proposed text amendment providing for :seasonal markets by public benefit/community service organizations,with any alterations as determined through the public hearing process,and make a final recommendation to the Tigard City Council. SECTION III. BACKGROUND INFORMATION Earlier this year, the Tigard Grange proposed a seasonal outdoor sales event at its property on Highway 99W to occur on the weekends through late spring to early fall. This was proposed as a "farmer's market" type of activity with vendors using Grange property in exchange for a fee.The purpose was to raise funds to repair the Grange building and support the organization's activities. However, the Community Development Code does not allow seasonal or special events of the duration (in excess of 30 days) proposed by the Grange nor did the proposal qualify as an exemption granted when seasonal events are conducted by and totally for the benefit of a Tigard-based nonprofit organization. Instead, staff had to consider the request as an outdoor commercial use, which would require substantial and expensive site improvements.The Grange felt this was disproportionate with the intensity of the use proposed. Therefore, in order to make it possible for the Grange and other public benefit/service organizations such as the Tigard Area Farmers Market to hold season-long events, the Director requested Council's approval to initiated a code amendment. On July 21, 2009, City Council held a Workshop meeting to discuss the initiation of the code amendment to expand opportunities for outdoor sales events by public benefit/community service organizations. Councilors acknowledged the code currently does not address temporary outdoor sales sufficiently and mentioned specific issues that should be addressed upon expansion of the use including parking, visual clearance, neighborhood impact and prohibition of flea markets and garage sales. Additionally, staff discussed a draft code amendment with representatives of the Tigard-Area Farmers' Market and Tigard Grange,whose comments have been addressed in this report. SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS APPLICABLE_PROVISIONS_.OF THE TIGARD DEV_ELOPMEN_T CODE_.___.__._ ._. _ _._ _ Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states that legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. The proposed text amendment would apply to all C-G and MU-CBD zoned lands within the City. Therefore, the amendment will be reviewed under the T}}ppe IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. Section 18.390.060.G establishes standard decision-making. .procedures for reviewing. Type IV applications. 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 and conclusions are provided below for the five listed factors on which the recommendation by the Commission and the decision by the Council shall be based. SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OP 10 • • STATEWIDE PLANNING GOALS AND GUIDELINES 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. This goal has been met by complying with the Tigard Development Code-notice requirements set forth in Section 18:390. A notice was published in the Tigard Times newspaper prior to the hearing. After the Planning Commission public hearing, additional notice will be published prior to the City Council hearing. Two public hearings are held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The .Development. Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Comprehensive Plan. As discussed within this report, the Development Code process and standards have been applied to the proposed amendment. Statewide Planning Goal 9—Economic Development; This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare, and prosperity of Oregon's Citizens. The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Economic Development goal and policies is discussed later in this report. FINDING: Based on the analysis above and the applicable findings below, staff finds that the proposed text amendment is consistent with applicable Statewide Planning Goals. TIGARD COMPREHENSIVE PLAN Comprehensive Plan Goal 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. — The--City-has mailed--notice-of the Planning Commission-hearing-to-interested-citizens-and-agencim—The-City-- published notice of the Planning Commission hearing October f,2009. After the Planning Commission public hearing, additional notice will be published prior to the City Council hearing. Two public hearings are held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. With these public involvement provisions, the proposed Development Code Amendment is consistent with applicable Citizen Involvement policies. Comprehensive Plan Goal 2:Land Use Planning Goal 2.1: Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. Policy 2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. The current development code does not provide for seasonal outdoor sales of the type and duration provided by the Tigard Area Farmers' Market. Therefore, the Director requested Council's approval to develop a code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 • 10/19/09 PUBLIC I-TEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OP 10 II II Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by public benefit/community service organizations. The request updates the implementing regulations of the Comprehensive Plan,consistent with the applicable provisions of the Land Use Planning Goal. Comprehensive Plan Goal 9: Economic Development Goal 9.1:Develop and maintain a strong,diversified, and sustainable local economy. Policy 3: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities,provided that required infrastructure is made available. Policy 12: The City shall assure economic development promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economic future. The proposed code amendment would provide for farmers' markets by public benefit organizations, which is not currently allowed under the code. Proposed approval criteria (18.785.040.6/7) would ensure required infrastructure would be available. Farmers' markets provide economic opportunity for farmers to have direct sales to end buyers and buyers the opportunity to buy direct from farmers. Markets provide a civic function by providing community gathering places. .purchasing food at a local fame&market has a positive global impact. Farmers that sell at farmers'markets are dedicated to keeping smallll family farms alive and thriving; and investing an sustainable faring practices that make a huge difference to our environment, economy and social well being. The most obvious way that a small, sustainable farm makes a global difference is by reducing the consumption o fossil fuels Producin and distributing conventionally grown food requires an enormous amount of resources. A 2000 study found that 10 percent of the United States'annual energy consumption as used by the food industry. The shorter distance food travels, the less fuel u needed to transport it. Sustainable farminktechniques used by many of Oregon's smal4 family-run farms can produce reedy dramatic reductions in resource consumption. The U.S. Department of Agriculture estimates that we could save 80 million gallons of diesel firel a year used to pump water onto crops simply`by improving the ecieney of our irrigation systems by 10 percent. Likewise, reducing the amount of petroleum-based pesticides and fertaters used on our nation's major cropland would,not only save us around,ti billion, but also help prevent water and soil pollution. Portland Farmers'Market(PFM), September 2009 Newsletter. Goal 9.3 Make Tigard a prosperous and desirable place to live and do business. Policy3. The City shall commit to improving and maintaining the quality of community life (pubic safety, education, transportation, community design, housing,parks and recreation, etc.) to promote a viliranf and sustainable economy. — _______---_--_.__. ._. _._._ Recommended Action Measures, xvi: Recognize and promote community events as having potential for positive economic impacts and as important for community identity. Oregonians are hungry for the fresh, nutritious food and community gathering places that farmers'markets provide. Farmers' markets offer the unique opportunity to make cities feel like small towns and strangers feel like neighbor . By orgi'ng connections between consumers and fanners and food producers, it creates a strong constituency strangers growing the local food economy — the backbone of a truly sustainable community.PFM September 2009 Newsletter. Comprehensive Plan Goal IS: Downtown Tigard Urban Renewal District Goal: 15.2 Facilitate the development of an urban village. Policy 2.The downtown's land use plan shall provide for a mix of complementary land uses such as: A. retail,restaurants,entertainment and personal services; B. medium and high-density residential uses,including rental and ownership housing; C. civic functions (government offices,community services,public plazas,public transit centers, etc); D.professional employment and related office uses;and E. natural resource protection,open spaces and public parks. SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 4 OF 10 . . • Recommended Action Measures,v. Provide areas in the downtown where community events, farmer's markets,festivals and cultural activities can be held. Amending the development code to provide for farmers' markets explicitly implements the Downtown Urban Renewal District goal to facilitate the development of an urban village. To further facilitate this goal, the City may consider identifying a City-owned location downtown as a permanent site for a Tigard-Area farmers' market. FINDING: As shown in the analysis above, the Citizen Participation and Land Use goals have been satisfied. The proposed development code amendment provides for economic development that promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economic future. Staff finds that the proposed text amendment is consistent with the applicable goals and policies contained in the Tigard Comprehensive Plan. PROPOSED TEXT AMENDMENT TO THE TIGARD DEVELOPMENT CODE t�.:,.,>.v. ''J;s1 :°!+'"`i ,>i;.,.zr+. :5:s.: "�::. 'bii'::�:— .,y: •:;'"1- .+'n, •/1 :{:'_. . 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'l) a�"fit :�':' "�.�"' 1 �I <+.1.'t. +x` r.. � ,4• 0 1' A. a 1 1 0 i • �`.'t; a :d i ih r 'ii ?-. o d fi `e• a{ ,. ::. -l�i f of' > Chapter 18.785 TEMPORARY USES Sections: 18.785.010 Purpose 18.785.020 Types of Temporary Uses 18.785.030 Approval Process 18.785.040 Approval Criteria__ 18.785.050 Application Submission Requirements 18.785.010 Purpose A. Purpose. The purpose of this chapter is to establish standards for the approval of three types of temporary use: 1. Use that is seasonal or directed toward a specific event; 2. Use which is occasioned by an unforeseen event;and 3. Sales offices and model homes in conjunction with the sale of homes. B. Disclaimer. This chapter is not intended to be a way to circumvent the strict application of the use districts. Therefore, time limits are to be strictly enforced. . sales. SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 5 OF 10 • • • C. Exemptions, This chapter does not apply to 1 seasonal and special events conducted by and totally for the benefit of a Tigard-based nonprofit organization, 2) garage sales, or 3) temporary construction offices in conjunction with the initial development of residential, commercial or industrial property (three or more dwelling units or lots). 18.785.020 Types of Temporary Uses A. Seasonal or special event. This type of temporary use is a use which by its nature will last less than one year. Examples of this type of use are those associated with the sale of goods for a specific holiday,activity or celebration, uses associated with construction, or seasonal use. This type of use does not apply to businesses seeking a temporary or interim location. Examples of this type of temporary use include: 1. Use associated with the celebration of a specific holiday such as the sale of Christmas trees and fireworks; 2. Use associated with the sale of fresh fruits, produce, and flowers, including seasonal markets by A chartered public service/non-profit organization which may offer additional products and services as provided in the organization's "market.rules and policies" such as landscaping plants,prepared food, animal products,and art/handcrafts assembled by the vendor; 3. Use associated with festivals or celebrations or special events; 4. Seasonal activities such as the sale of food at sports events or activities; 5. Use associated with construction such as the storage of equipment during the construction of roads or development,but not a temporary sales office or model home as provided by Section 18.785;and 6. Temporary fund raising and other civic activities in commercial zoning districts. 18.785.030 Approval Process A. Procedure type. Approval of various temporary uses shall be processed as follows: 1. Seasonal or special event: by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in Section 18.785.040A; 2. Unforeseen/emergency situations: by means of a Type I procedure,as governed by Section 18.390.040, using approval criteria in Sections 18.785.040B;_ 3. Temporary sales office/model home: by means of a Type I procedure, as governed by Section 18.390.030,using approval criteria in Sections 18.785.040C; 4. Temporary building in commercial and industrial zones: by means of a Type I procedure, as governed by Section 18.390.040,using approval criteria in Sections 18.785.040D. B. Ef€eetive yaLperiod..An approval for a temporary use by the Director shall be effective valid for a period of one year unless otherwise stipulated by the approval. C. Lapsing of approval An approval for the temporary use by the Director shall lapse if: 1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period;and 2. Construction or activity on the site is a departure from the approved plan. D. Renewal of approval. A temporary use approval.may be renewed once by the Director for a period not to SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 6 OP 10 • • exceed one year. , .royal f o r : se.son_1 .r : . - i,1 -nt u:a ma se r-n- ,ed en an ann_ :1 ,a:is in the same manner as if it were an original application. Notice of the decision shall be provided to the applicant. E. Renewal for temporary residential sales office/model homes. A permit for temporary sales offices and model homes may be renewed on an annual basis in the same manner as if it were an original application as long as 50%or less of the total number of dwelling units have been issued occupancy permits. 18.785.0110 Approval Criteria A. Seasonal and special events. Using a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions or deny based on findings that all of the following criteria are satisfied: 1. The use occurs only once in a calendar year and for no longer a period than 30 consecutive days,. 2. The use is permitted in the underlying zoning district. 3. The applicant has proof of the property-owner's permission to place the use on his/her property; 4. There will be no parking utilized by the customers and employees of the temporary use which is needed by the property owner to meet his/her minimum parking requirement, as governed by Chapter 18.765, Parking and Loading. 5. The use will provide adequate vision clearance, as governed by Chapter 18.795, Vision Clearance, and shall not obstruct pedestrian access on public rights-of-way. G Seasonal markets are permitted in the C-G and MU-CBD zones and may operate from May through October. Additional approval criteria for seasonal markets include the following: a. Provide "market rules and policies" for City approval, which are consistent with the seasonal market use description in 18.785.020.A.2 and will be observed for the duration of the permit. b. Provide an access plan demonstrating adequate and safe ingress and egress exist when combined with the other uses of the property, consistent with applicable standards of Chapter 18.705.Access,Egress and Circulation; c. Provide a traffic study-demonstrating-the-use-will-not create-a-traffic-hazard;including-- ODOT review,if applicable; d. Provide documentation that the use will not create adverse off-site impacts related to noise. odors, vibrations,glare or lights that would be greater than otherwise allowed by uses permitted outright in the zone; and e. Signs are allowed as permitted in Chapter 18.780, however, the period may correspond to the duration of the permitted seasonal market use. 18.785.050 Application Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type I, depending on the type of temporary use for which the approval is sought. B. Additional information. In addition to the information described in Subsection A above,the applicant shall SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO TI-IE PLANNING COMMISSION PAGE 7 OF 10 • • provide a site plan, narrative and other information as specified in a detailed hand-out provided by the Director. C. Emergency situations. The Director may waive any of the requirements in this chapter or request additional information in accordance with Chapter 18.390 for cases which involve destruction of an existing structure due to fire, natural causes, or other circumstances that are beyond the control of the applicant. An emergency as allowed by this subsection shall not include failure by the applicant to submit a temporary use request as provided in this Chapter.■ SECTION V. STAFF ANALYSIS The proposed code text amendment incorporates comments from City staff and representatives of the Tigard- Area Farmers' Market and Tigard Grange. The proposed amendment includes 1) minor changes for readability of the existing language, and 2) changes that provide for the farmers' market use under the Seasonal and Special Use type.The following analysis is divided by Chapter section: 18.785.010 Purpose At the July 21st Council Workshop to discuss initiation of the code amendment, Councilors mentioned specific issues that should be addressed upon expansion of the seasonal temporary use including parking, visual clearance, neighborhood impact and prohibition of flea markets and garage sales. The proposed amendment moves the existing reference to "garage sales" from the Disclaimer to the Exemption section of the chapter for clarity. Disclaimer now refers solely to the use districts and the enforcement of time limits. Exemptions now includes garage sales in addition to two other exempt uses to which the Chapter does not apply. The three listed uses are considered of a type, scale, and duration where any expected impacts would be limited and should be allowed without permit. Council's concern that seasonal markets not resemble flea markets or garage sales is ensured through the qualifying language that requires seasonal markets to be sponsored by chartered public service/non-profit organizations and approval criteria requiring City review and approval of"market rules and policies." 18.785.020 Types of Temporary Uses This section contains the new temporary use "seasonal markets by chartered public service/non-profit organizations" and extends the types of products that could be sold at such markets by listing examples and requiring consistency with the organization's market rules and policies that guide the sales agreements with vendors. The list of allowed products closely follows the Tigard-Area Farmers' Market guidelines. Other markets in the metropolitan area are more restrictive, for example,allowing farm ducts by not cra ts. --- 18.785.030 Approval Process This section changes the wording of the Approval period to be consistent with code construction found elsewhere in the development code. In addition, explicit provision for renewing a seasonal or special event has been added to balance the general renewal language. 18.785.040 Approval Criteria This section clarifies that the existing 30-day term for the general seasonal and special event use type is intended to be consecutive days. A sixth approval criterion is proposed to establish the location, timing, and manner of the seasonal market use. Seasonal markets are restricted to the General Commercial (C-G) zone and the new Mixed Use-Central Business District (MU-CBD) zone which correlates to the Downtown Urban Renewal District boundary. The CBD zone is scheduled to be enlarged and rezoned MU-CBD when the Council reviews and, if acceptable, approves the Downtown Code Amendments on December 8, 2009. Ultimately, as provided for in SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 8 OF 10 • • Comprehensive Plan Policy 15.2,a location downtown would be developed to host a farmers'market. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area.Allowing outdoor seasonal markets as a temporary use in this zone would result in the least conflict with other permitted uses and affords organizations like the Tigard Grange to use their facilities. The section provides a special term for seasonal markets of six months to accommodate weekend or weekday markets for the typical period from May through October. Council expressed concern for parking, visual clearance, and neighborhood impact issues on expansion of the seasonal temporary use to include seasonal markets. Existing approval criteria #4 and #5 already require that parking and visual clearance,respectively,be addressed. Five additional approval criteria are listed,applicable to seasonal markets only. The sponsoring organization's "market rules and policies" describe the operating procedures and product mix allowed in a seasonal market. The City will require this document at the time of application to ensure seasonal markets comply with the character of the seasonal temporary use type as described in Section 18.785.020.A.2. Additional approval criteria are proposed to address access and egress, traffic hazards, off-site impacts, and signs. The applicant would need to demonstrate in their narrative and application materials that these criteria are satisfactorily met. 18.785.050 Application Submission Requirements In addition to the proposed development code text amendment discussed above, staff proposes to amend the Temporary Use Type I Application form, pursuant to 18.390.030.B.2.b, to additionally require the Applicant's Statement"to address the relevant criteria in sufficient detail for review and action." Currently, the application form requires.an Applicant's Statement but does not detail what should be included. The proposed additional language would require the applicant's statement to address each of the applicable Approval Criteria in 18.785.040. Staff's discussion with representatives of the Tigard-Area Farmers' Market also included the possibility of a fee structure that would acknowledge public service/non-profit organizations as seasonal market providers. Currently,Non-Profits are exempt from the$304.00 filing fee for temporary uses. SECTION VI. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS The City of Tigard Current Planning and Planning and Engineering Techs reviewed the proposal and provided comment that has been incorporated into the proposed amendment. The City of Tigard Code Enforcement Officer-reviewed the proposal-and provided comtriefit-that lias- been incorporated into the proposed amendment. The City of Tigard Police Department reviewed the proposal and had no objections to it. The City of Tigard Public Works Department reviewed the proposal and had no objections to it. The City of Tigard Long Range Planning Division was notified of the proposed code text amendment but did not comment. The City of Tigard Engineering Department was notified of the proposed code text amendment but did not comment. METRO, ODOT, and DLCD were notified of the proposed code text amendment but provided no comment. SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 9 OF 10 • • October 9,2009 PREPARED B agens�echer DATE Asso .to Planner i I October 9,2009 APPROVED BY: Ron Bunch DATE Community Development Director • SEASONAL OUTDOOR SALES DEVELOPMENT CODE AMENDMENT DCA2009-00004 10/19/09 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 10 OF 10 ATTACHMENT. 6': •® City of Tigard .TARD Tigard Business/Workshop Meeting - Minutes TIGARD CITY COUNCIL&LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: July 21, 2009/6:30 Business/Workshop Meeting MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard, OR 97223 • BUSINESS MEETING a. At 6:35:44 PM Mayor Dirksen called to order the Tigard City Council and Local Contract Review Board. b. Deputy City Recorder Kroger called the roll. Present Absent Councilor Webb x Council President Wilson x Councilor Buehner x Mayor Dirksen x Councilor Henderson x c. Pledge of Allegiance d. Council Communications&I.iaison Reports-None e. Call to Council and Staff for Non-Agenda Items-None 1. CONSENT AGENDA:-(Tigard-Gity-Council-and-Local Contract Review Board) 1.1 Approve City Council Minutes for May 26,2009 1.2 Extend Intergovernmental Agreement through June 30,2010,with Metro Providing Police Department Support for the Enforcement of Metro's Illegal Disposal Ordinance 1.3 Local Contract Review Board: a. Award Pavement Overlay Pavement Major Maintenance Program(PMMP) Contract Note:Item 1.3.b removed from Agenda on July 17,2009. Councilor Buehner moved to approve the Consent Agenda. Council President Wilson seconded the motion and all voted in approval. TIGARD CITY COUNCIL/LCRB MINUTES —July 21, 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 11 • • Yes No Councilor Webb Absent Council President Wilson x Councilor Buehner x Mayor Dirksen x Councilor Henderson Absent • WORKSHOP MEETING 2. DISCUSSION WITH CITIZENS ON THE FORMATION OF AN AQUATIC DISTRICT TO FUND THE OPERATION OF THE TIGARD-TUALATIN SCHOOL DISTRICT'S SWIMMING POOLS 6:38:20 PM Public Works Director Koellermeier introduced this item. He said the swimming pools at the high schools in Tigard and Tualatin are suffering financially and the Tigard-Tualatin School District(TTSD)is talking about dosing them. He said a group of concerned citizens has proposed a solution to keep the pools open..He introduced spokesperson Pam Griffith,representing a group of citizens wanting to preserve the pools at each high school for the community's benefit. Ms.Griffith said the swimming pools have been operating at a loss for the Tigard-Tualatin School District (TTSD) and the District indicates that they cannot continue to accept these annual losses,which are calculated to be$500,000 to$600,000 per year. Options include mothballing or dosing the pools,on which construction costs are still being paid by people in the TTSD and will be until the year 2016. She said the group proposes the formation of a special Aquatics Park and Recreation District under ORS Chapter 266. The essential features of the proposal are: 1) District boundary would be the same as the current TTSD boundary. 2) The District would be managed by a five-person board of directors,elected at-large from members of the new District. 3) The District would be funded by a permanent tax levy (9 cents per$1,000 of assessed property in the district) 4) TTSD would continue to own the pools and the new District would operate them. They are considering a lease arrangement. This is a limited special district request,and is only for the purpose of continuing the status quo operation of the pools. No expansion is being contemplated. The communities are major users of these pools,at a level of 100%in the summer and 80%the rest of the year. Benefits to the cities (Tigard,Tualatin,King City and Durham)include swimming lessons,recreational opportunities for all ages,family swims,lap swims,water polo, swim teams,rehabilitation and exercise,and training for law enforcement,firefighters and the FBI. Swimming pools also provide added value to neighborhood homes. Regarding process,Ms. Griffith said the group has spoken with representatives from the cities of Tigard and Tualatin,Washington County,both city's park boards and the TTSD. She said they are asking the cities for certified resolutions of support,consenting to the formation of this special district. She said they need to present a petition to Washington County by September,2009 and this needs to be on the ballot by May of 2010. People would be voting on: • Approving the formation of the district • Approving the tax levy • Electing a board of directors TIGARD CITY COUNCIL/LCRB MINUTES -July 21, 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 11 • • 8. DISCUSS INITIATION OF A CODE AMENDMENT EXPANDING OPPORTUNII'1ES FOR OUTDOOR FUNDRAISING EVENTS 8:53:27 PM Associate Planner Pagenstecher said the purpose of this item was to open a discussion on whether a Community Development Code amendment should be issued to expand opportunities for public benefit and community service organization outdoor sales events. He said this was precipitated by the Tigard Grange wanting to hold outdoor sales in their parking lot and finding that it is not allowed under the current Development Code. They questioned how the Tigard Farmers Market is allowed to operate in the parking lot of Young's Funeral Home. Mayor Dirksen said the current Code doesn't really prohibit this;it just doesn't address it very well. Councilor Buehner asked if seasonal temporary sales, such as Christmas trees or berries,were a problem with the current Code. Associate Planner Pagenstecher said these uses are listed in the Code but"Saturday Markets" or farmers markets are not and they would not meet the current criteria of a limited duration to 30 days,for example. 8:55:46 PM Community Development Director Bunch pointed out another difference with the Grange's request is it is undertaken solely by a non-profit entity for the benefit of that entity. He said with Saturday markets, it is a chartered organization but the people who actually sell the goods are making a profit for themselves. He said the Grange wants to sponsor a farmer's market where operators would pay a small rental fee to the Grange,but make an individual profit. This does not follow the Code. 8:56:40 PM Councilor Buehner asked if the City can specify what is governed by this Code,i.e. flea markets,or farmer's markets,etc. Associate Planner Pagenstecher said that can be handled simply by issuing a permit that specifies time, place, manner and type of product. Farmers' market products are fruits, produce and flowers. Sometimes arts and crafts can be added if they are secondary to the produce sales,and food may be allowed. Councilor Buehner and Council President Wilson mentioned these concerns: o Parking issues o Visual Clearance o Impacts on nearby neighborhoods o Perpetual flea markets or on-going garage sales should not be allowed Associate Planner Pagenstecher said currently visual deararice and liarkirig cin be-regulated with Very spe c; time-tested regulations. He said these uses can be limited to Commercial,Light Industrial or Heavy Industrial Zones.Associate Planner Pagenstecher said Lake Oswego, for example,limits these events to east and west end Commercial Zones and the Lake Grove Industrial zone. Tigard currently limits seasonal sales to the Commercial,Heavy and I.ight Industrial Zones but there are also cities that pre-approve certain properties for this use,such as the City of Portland does by leasing public parks for the purpose of Saturday Markets. 9:01:27 PM Council President Wilson commented that these uses are most viable on arterials since they depend on drive-by traffic for customers. 9:02:31 PM Community Development Director Bunch said staff will develop a proposal taking into account Council's concerns, and bring it forward to the Planning Commission. Mayor Dirksen said, "As always, our goal should be to make our Code such that citizens are allowed to do things as long as they don't impose a burden on others." 9. ADJOURNMENT TIGARD CITY COUNCIL/LCRB MINUTES -July 21, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 10 of 11 ' • • At 9:03:16 PM Council President Wilson moved for adjournment. Councilor Buehner seconded the motion and all voted in favor. Yes No Councilor Webb Absent Council President Wilson x Councilor Buehner x Mayor Dirksen x Councilor Henderson Absent /s/ Carol A.Krager Deputy City Recorder Attest: /s/ Craig Dirksen Mayor,City of Tigard Date: August 25,2009 I:\ADM\CATHY\CCM\2009\090721 workshop.doc TIGARD CITY COUNCIL/LCRB MINUTES -July 21, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 11 of 11 • Phil Yount, Treasurer&Facilities Marr Tigard Grange No. 148 DCA2009-00004 1'3770 SW Pacific Highway SEASONAL OUTDOOR SALES PO Box 230252 Tigard, OR 97281 EXHIBITC6 Tigard Farmers Market Attn: Stan Baumhofer PO Box 230421 Tigard, OR 97281-0421 Phil Yount 11222 SW Cottonwood Lane Tigard, OR 97223 • AFFIDAVIT OF MAILING III T I GARD 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: {Check Appropriate Box(s)Below) © NOTICE OF PUBLIC HEARING FOR: DCA2009-00004/SEASONAL OUTDOOR SALES CODE AMENDMENT (File No./Name Reference) ❑ AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ® Tigard Planning Commission (10/19/2009) ® Tigard City Council (11/24/2009) 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) a' . : address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part here , September :,2009, ,nd dep... -din the United States Mail on September 28,2009,postage prepaid. j 1:41:1/I■.. 1, (Person that Prepared Notice //j71-1 STATE OF OREGON County of Washington ss. City of Tigard Sr 4t� p n D I Subscribed and sworn/affirmed before me on the l day of alik- L n I ,20K. • �'��� OFFICIAL SEAL 1 Q�'l�l' :� ? , rer� : SHIRLEY L TREAT NOTARY PUBLIC-OREGON a 'J ,. COMMISSION APRIL 2 777 IJ • N TARY PUBLIC OF OREGON 1 MY COMMISSION EXPIRES APRIL 25,2011 !, �' /I 1 �~������������1`�`�� My Commission Expires: • • EXHIBIT. NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOURECEIVE THIS NOTICE, 111 11 IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER p TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, OCTOBER 19, 2009, AT 7:00 PM AND THE TIGARD CITY COUNCIL ON TUESDAY, NOVEMBER 24, 2009, AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, 'TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004 FILE TITLE: SEASONAL OUTDOOR SALES CODE AMENDMENT APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 REQUEST: The Community Development Director requests a development code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by public benefit/community service organizations. LOCATION: Land zoned General Commercial (GG) and Central Business District (CBD). COMP PLAN DESIGNATION: General Commercial and Central Business District. ZONES: GG: General Commercial District. The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a Citywide and even regional trade area. Except where non- conforming,residential-uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage,mini-warehouses,utilities heliports,medical centers, major event entertainment, and gasoline stations,are permitted conditionally. CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district centered on the City's histonc downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family-housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted condiitionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; Comprehensive Plan Goal: 1, Public Involvement; Goal 2,Land Use Planning; Goal 9.2.1, 9.3Economic Development; Goal 15.2, Special Planning Area- Downtown; and Statewide Planning Goals 1,2 and 9. THE PUBLIC HEARINGS ON THIS MAI 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 DEVICCARE AVAILABLE FOR PERSONS OTH 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 (MD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRI'I EN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRITIF N TESTIMONY ON THIS PROPOSED ACIION 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 WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSIONS REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECI'1ON AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN(7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECIION 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 ASSOCIATE PLANNER GARY PAGENSTECHER AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO garyptigard-or.gov. • Phil Yount, Treasurer&Facilities Mair DCA2009-000• Tigard Grange No. 148 SEASONAL,OUTDOOR SALES 13770 SW Pacific Highway PO Box 230252 T/n Tigard,OR 97281 EX H I B I I Cf.�l Tigard Farmers Market . PO Box 230421 Tigard, OR 97281-0421 • 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&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 Todd Harding and Blake Hering Jr. Norris Beggs &Simpson Naomi Gallu�cr 121 SW Morrison, Suite 200 11285 SW 78 Avenue Portland, OR 97204 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 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 133.1 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 QTY OF TIGARD- CITYWIDE INTERESTED PARTIES (i:\curpin\setup\labels\CIT CatyWide.doc) UPDATED: 18-Sep-09 • • • , COMMUNITY SPA1 EIS PUBLIC HEARING ITEM: The following will be considered by the Tigard 6605 SE Lake Road,Portland,OR 97222•PO Box 22109 v Planning Commission at a Public Hearing on . . Monday October 19.2009 at 7:00 PM at the Portland OR 97269-2109 - ' : Tigard Civic Center - Town Hall, 13125 SW Phone:503-684-0360 Fax:503-620-3433 Hall Blvd.,Tigard,Oregon. E-mail: leg als®commnewspapers.com T I G A R D Public oral or written testimony is invited. The public hearing on this matter will be held AFFIDAVIT OF PUBLICATION under Title 18 and rules of procedure adopted by the Council State of Oregon, County of Washington, SS ; and available at City Hall or the rules of procedure set forth in I, Charlotte Allsop, being the first duly sworn, Section 18.390.060.E. The Planning Commission's review is depose and say that I am the Accounting for the purpose of making a recommendation to the City Council on the request. The Council will then hold a public hearing on Manager of The Times(serving Tigard, the request prior to making a decision. Tualatin & Sherwood), a newspaper of general circulation, published at Beaverton, 1 Further information may be obtained from the City of Tigard in the aforesaid county and state, as defined Planning Division (Staff contact: Gary Pagenstecher) at by ORS 193.010 and 193.020, that 13125 SW Hall Blvd.,Tigard,Oregon 97223 or by calling 503- 639-4171. City of Tigard DEVELOPMENT CODE AMENDMENT Notice of Public Hearing/DCA2009-00004 (DCA)2009-00004 TT11370 • SEASONAL OUTDOOR SALES CODE AMENDMENT REQUEST: The Community Development Director requests a A copy of which is hereto annexed, was development code amendment to amend the text of the Temporary published in the entire issue of said Use Chapter (18.785) of the City of Tigard Community newspaper for Development Code to expand and clarify the temporary use 1 provisions of the code to provide for seasonal markets by public benefit/community service organizations. LOCATION: Land week in the following issue: zoned General Commercial(C-G)and Central Business District October 1, 2009 (CBD). _ COMPREHENSIVE PLAN DESIGNATION: General Commercial and Central Business District. ZONES: 14.0)(1/017k- CLu.J_Lp C-G: General Commercial District and CBD: Central Business District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; Charlotte Allsop (Accounting Manger) Comprehensive Plan Goal: 1, Public Involvement; Goal 2, Subscribed and sworn to before me this 'Land Use Planning; Goal 9.2.1, 9.3Economic Development; October 1, 2009. Goal 15.2, Special Planning Area- Downtown; and Statewide /� y Planning Goals 1, 2 and 9. The proposed amendments are Gta Cpl� 1�� available for review on the City's Web site at http://www.tigard- u,) /cd/code amendment.asp. NOTARY PUBLIC FOR O GO Publish 10/01/2009. TT11370 My commission expires - Acct#10093001 Attn: Patty Lunsford City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Size: 2x6 Amount Due $100.20* `Please remit to address above. /ei dp zi4stoM _ h� a. 0 Et , la .1;4-,;`,::'.,,-, ''''`‘‘\‘' 1 • y 'Y ea 1:: iii• , CO1�G4MH Y --:, axt S � y� R u gnu:Y 6605 SE Lake Road,Portland,OR 97222•PO Box 22109 # g 1111 n iii Phone:503-684-0360 Fax:503-620-3433 w E-mail: legals @commnewspapers.com AFFIDAVIT OF PUBLICATION State of Oregon, County of Washington, SS I, Charlotte Allsop, being the first duly sworn, depose and say that I am the Accounting Manager of The Times(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 Hearing/DCA2009-00004 , TT11370 A copy of which is hereto annexed, was published in the entire issue of said newspaper for 1 week in the following issue: October 1, 2009 Ckoioff` 01/4_,u4Lp C harlotte Allsop (Accounting Manager) Subscribed and sworn to before me this October 1, 2009. OFFICIAL SEAL Lt? 6/` t:. ROBIN A BURGESS ' NOTARY PUBLIC-OREGON NOTARY PUBLIC FOR 0 GO COMMISSION N0.437285 My commission expires MY COMMISSION EXPIRES MAY 16,2013 Acct#10093001 Attn: Patty Lunsford City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Size: 2x6 Amount Due$100.20* *Please remit to address above. • • AFFIDAVIT OF MAILING q T I GARD I, Timothy Lehrbach, being first duly sworn/affirm, on oath depose and say that I am a Planning Assistant for the City of Tigard,Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) © NOTICE OF PUBLIC HEARING FOR: DCA2009-00004—SEASONAL OUTDOOR SALES CODE AMENDMENT (File No./Name Reference) AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ® Tigard City Council February 23, 2010 A copy of the said notice being hereto attached, marked Exhibit "A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof, on January 27,2010,and deposited in the United States Mail on January 27,2010,postage prepaid. (Person that Prepared Notice) STATE OF OREGON County of Washington ss. City of Tigard i c � '1 Subscribed and sworn/affirmed before me on the ?1 �y day of / u 1a 9 ,2010. OFFICIAL SEAL sMIRLEY L TREAT NOTARY S IO COMM NN NO N TARY PU$ IC O OREGON APRIL 25,2011 COMMISSION EXPIRES :- My Commission Expires: (dc)-, / NOTICE TO MORTGAGEE,NHOLDE VENDOR OR S R: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, q IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER EXHIBIT -A TIGARD PUBLIC HEARING NOTICE- HEARING RESCHEDULED NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS.WILL BE HELD BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, FEBRUARY 23, 2010, AT 7:30 PM. THE PUBLIC HEARINGS WTT,T. 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) 2009-00004 FILE TITLE: SEASONAL OUTDOOR SALES CODE AMENDMENT APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 REQUEST: The Community Development Director requests a development code amendment to amend the text of the Temporary Use Chapter (18.785) of the City of Tigard Community Development Code to expand and clarify the temporary use provisions of the code to provide for seasonal markets by public benefit/community service organizations. LOCATION: Land zoned General Commercial (C-G) and Central Business District (CBD). COMP PLAN DESIGNATION: General Commercial and Central Business District. ZONES: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non- conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage,mini-warehouses,utilities, heliports,medical centers, major event entertainment, and gasoline stations,are permitted conditionally. CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown,including a mix of civic,retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; Comprehensive Plan Goal: 1, Public Involvement; Goal 2,Land Use Planning; Goal 9.2.1,9.3Economic Development; Goal 15.2, Special Planning Area- Downtown;and Statewide Planning Goals 1, 2 and 9. THE PUBLIC HEARINGS ON THIS MATTER WILT, BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.0( OF THE COMMUNITY DEVE MENT CODE AND RULES OF PROCEDURE ADOPTED BY WE TIGARD PLANNING COMMIWON 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 (I'DD - "TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRITTEN 'TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN 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 DA'L'E. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT ASSOCIATE PLANNER GARY PAGENSTECHER AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO g_arna tt� '�a�d or gov. Phil Yount, Treasurer&Facilities Mar • Tigard Grange No. 148 DCA2009-00004 ' 13770 SW Pacific Highway SEASONAL OUTDOOR SALES PO Box 230252 Tigard, OR 97281 Tigard Farmers Market EXH I B IT.� Attn: Stan Baumhofer PO Box 230421 Tigard, OR 97281-0421 Phil Yount 11222 SW Cottonwood Lane Tigard, OR 97223