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DCA2009-00006 v' LAND USE PROPOSAL DESCRIPTION • T I GARD 120 DAYS = N/A FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2009-00006 FILE TITLE: ELECTRONIC MESSAGE CENTERS APPLICANT: City of Tigard 13125 SW Hall Blvd. • Tigard, OR 97223 REQUEST: Amend the Development Code Section 18.780.090.D.1.a & b to allow an electronic message center as the approved freestanding sign at a school fronting an arterial street where the sign is a minimum of 200 feet from an abutting residential use. LOCATION: Citywide. COMP PLAN DESIGNATION: Citywide. ZONES: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.380, 18.390, 18.510, and 18.780; Comprehensive Plan Policies 1, 2, 6, 7, and 12; Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3;and Statewide Planning Goals 1, 2, 10, and 11. DATE COMMENTS SENT: DECEMBER 7,2009 DATE COMMENTS DUE: DECEMBER 21,2009 DATE DLCD NOTICE WAS SENT: DECEMBER 7,2009 (56 days prior to first evidentiary hearing) DECISION MAKING BODY BELOW: ❑ TYPE I ['TYPE II ❑ TYPE III ® TYPE IV ® PLANNING COMMISSION (MON.) DATE OF HEARING: FEBRUARY 1,2010 TIME: 7:00 PM ® CITY COUNCIL (TUES.)DATE OF HEARING: FEBRUARY 23,2010 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: Darrel"Hap"Watkins,Assistant Planner (503) 718-2440 P 0 III PRE-APP.HEIR BY: r,22''• CITY OF TIGARD PLANNING DIVI 'Iz rr Nh�� 'n rQe U yi„ v � LAND USE PERMIT APPLICATION City of TigarclPernat Center 13125 SW Hall Blzel, Tigarzl, OR 972'23 2 2009 4 Phone 503.639.4171 Fax: 503.598.1960 CITY OF TIGA D - PL NNINVE GINNEERINP File#_O4. X09_ Other Case# Date Cpl) '5 By 1(3-19 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) g 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) TAX MAPS& AX LOT NOS. C, wig TOTAL SITE IZE ZONING CLASSIFICATION V4thrt4 /V/4 APPLICANT* (? t v./-i 1 MAILING ADDRESS/CITY/ST /'IP f 3 124 )ZJ 1411 4.4/01- , -1-/ 4of g4 9; ; :; PHONE NO. FAX NO. 5l73 b 4 '//7/ `2723-7/g -.2, y7q PRIMARY PERSON IMkiL4S PHONE�'1222- ( /O- 2 0. PROPERTY OWNER/DEED HOLDER(Artach list if more than one) it//4 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) , Qlie 1d DC 7S. 1 94,d'Tj iv az#'1v #2 ()4-fl9, /IZt 45 , Ce�r�5 a 5 '-h�z I i, a , s . . ii S 747, 7 vi4 aii� etri 4” S -..ee_ u/ , / r r ■ 4 IA/A ,`2..- / 4/.1 "" //%// ii 4 ., £ L/:� " z A e 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 CERTIFY THAT: • ♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. • Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date WV/$&1' I/ 2LfO7 . Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date r.• . • • November 25, 2009 The City of Tigard proposes an amendment to the Development Code (18.780.090) that will allow schools fronting an arterial street to have an electronic message center (EMC) for the allowed freestanding sign. It is further proposed that the sign be set back 200 feet or more from an abutting residential use and oriented toward the traffic on an arterial street to lessen potential impact. This type sign is typical to that used by schools in other jurisdictions and is more in keeping with current technology. The sign content could be changed remotely, doing away with the outdated placement of alphabet silhouettes on internally lit reader boards. The sign location proposed is intended to limit illumination of a residential use and should not detract from neighborhood quality or negatively impact surrounding land uses. An EMC sign has potential to reduce traffic to the site to obtain school event notices. It is also easier to read in dim light and in arterial traffic. An EMC sign will enhance the utilization of a school sign for public service messages. • • gO!! De artment of Land Conservation and Develo ment Ore p 635 Capitol Street,Sete 150 "a:;t ' ' °:, Salem OR 97301-2540 `tivrv�:;i Theodore R Kuba�)<j Gown's= (503)373-0050 Fax(503)378-5518 www.lcd.state.or.us NOTICE OF ADOPTED AMENDMENT 3/10/2010 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Plan Amendment Program Specialist SUBJECT: City of Tigard Plan Amendment DLCD File Number 007-09 The Department of Land Conservation and Development(DLCD)received the attached notice of adoption. A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local government office. Appeal Procedures* DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Tuesday, March 23,2010 This amendment was submitted to DLCD for review prior to adoption pursuant to ORS 197.830(2)(b) only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals(LUBA). If you wish to appeal,you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA)no later than 21 days from the date the decision was mailed to you by the local government. If you have questions,check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661,Division 10). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. *NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local government.A decision may have been mailed to you on a different date than it was mailed to DLCD.As a result,your appeal deadline may be earlier than the above date specified. NO LUBA Notification to the jurisdiction of an appeal by the deadline,this Plan Amendment is acknowledged. Cc: Darrel Watkins, City of Tigard Gloria Gardiner,DLCD Urban Planning Specialist <paa> N 0 0__ ...,. v ��h 4,' M 2 DLCD DEPT OF Notice of Adoption MAR 0 3 2010 This Form 2 must be mailed to DLCD within 5-Working Days after the Final LAND CONSERVATION , Ordinance is signed by the public Official Designated by the jurisdiction AND DEVELOPMENT and all other requirements of ORS 197.615 and OAR 660-018-000 Jurisdiction: City of Tigard Local file number: DCA2009-00006 Date of Adoption: February 23, 2010 Date Mailed: March*2010 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? ® Yes ❑ No Date: 12/7/09 ❑ Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment o i/ Land Use Regulation Amendment ❑ Zoning Map Amendment ❑ New Land Use Regulation ❑ Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". Amendment to Section 18.780.090.D.1.a&b to allow electronic message center signs at schools that front an arterial street where the sign is not less than 200 feet from an abutting residential use and is oriented to the arterial street Does the_Adoption differ from proposal? Yes, Please explain below:- The sign must also be oriented to the arterial street. { 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 ® ® ❑ un7 El El , F ❑ f-1 1 Was an Exception Adopted? ❑ YES ® NO Did DLCD receive a Notice of Proposed Amendment... 45-days prior to first evidentiary hearing? -n Yes ❑ No If no, do the statewide planning goals apply? [1 Yes ❑ No If no, did Emergency Circumstances require immediate adoption? ❑ Yes ❑ No DLCD file No. 007-09(17991) [16020] Please list all affected State or Federal Agencies;Loca[_Goyernments or Special-Districfs: None Local Contact: Darrel "Hap"Watkins Phone: (503) 718-2440 Extension: Address: 13125 SW Hall Boulevard Fax Number: 503-718-2748 City: Tigard Zip: 97223 E-mail Address: hap @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 •ublic 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 m u s t-b e s u b fr ttedrby W a r 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 they 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.lcdstate.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 120 DAYS =N/A • • °= DATE OF FILING: 2/26/2010 NI DATE MAILED: 3/1/2010 CITY OF TIGARD n az > Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT (DCA) 2009-00006 Case Name: ELECTRONICMESSAGE CENTERS 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. 10-04). 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 FEBRUARY 1, 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 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 > Community Development Code amendment to Chapter 18.780 (Signs) to allow an electronic message center as the approved sign at a school fronting an arterial street where the sign is a minimum of 200 feet from an abutting residential use and is oriented to the arterial street. At the February 23, 2010 City Council meeting, the Council unanimously approved this amendment. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.380, 18.390, 18.510, and 18.780; Comprehensive Plan Policies 1, 2, 6, 7, and 12; Metro Urban Growth Management Plan Titles 1, 8, and 12;Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1,2, 10, and 11. 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. • i CITY OF TIGAID, OREGON TIGAID CITY COUNCIL. ORDINANCE NO. 10-Ok1 AN ORDINANCE ADOPTING AN AMENDMENT TO THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.780 (DEVELOPMENT CODE AMENDMENT-DCA2009- 00006) WHEREAS,the City has proposed amendments to the Tigard Municipal Code Title 18; and WHEREAS,the Tigard Planning Commission held a public hearing,which was noticed in accordance with City standards, on February 1, 2010, and recommended approval of the proposed DCA2009-00006 by motion and with unanimous vote;and WHEREAS, on February 23, 2010, the Tigard City Council held a public hearing which was noticed in accordance with City standards, to consider the Planning Commission's recommendation on DCA2009-00006; and WHEREAS, on February 23, 2010, the Tigard City Council adopted DCA2009-00006 by motion pursuant to the public hearing and its deliberations;and WHEREAS, Council's decision to adopt DCA2009-00006 is based on the findings and conclusions found in the City of Tigard Staff Report to the Planning Commission dated January 8, 2010, and the associated record, which are incorporated herein by reference and are contained in land-use file DCA2009-00006;and WHEREAS, the Tigard City Council has determined that the proposed Development Code Amendments are consistent with the applicable Review Criteria,and that approving the amendments would be in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Municipal Code Title 18 is amended as shown in"EXHIBIT A". SECTION 2: The findings in the January 8, 2010 Staff Report to the Planning Commission, Minutes of the February 1, 2010 Planning Commission hearing, and the Minutes of the February 23, 2010 Council hearing 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. • ORDINANCE No. 10- D Page 1 • • PASSED: By 1)1.CL 1 I:IX )OU vote of all Council members present after being read by number and title only, thisZ2ag.day of ,4-Q b/w ate/ ,2010. att4t)tUTI. c 1/0 kWV: Catherine Wheatley,City Recordqr APPROVED: By Tigard City Council this 3 day of f Y ,11,t, t.'1 d - 2010 Craig Dir sen,Mayor Approved as to form: City Attorn // Date ORDINANCE No. 10- Page 2 • • EXHIBIT "A" AMENDMENTS TO THE TIGARD DEVELOPMENT CODE (TITLE 18) AS PROPOSED IN LAND USE CASE DCA2009-00006 (Bold and underline text indicates proposed new language and strik-e-thr-etlgh indicates language proposed to be deleted.) CHAPTER 18.780 SIGNS 18.780.090 Special Condition Signs D. Electronic message centers. 1. Electronic Message Center (variable message) sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones; . and at schools that front an arterial street where the sign is not less than 200 feet from an abutting residential use and is oriented to the arterial street. b. The maximum height and area of an electronic message center sign shall be that which is stipulated in Subsection Section 18.780.130.€; ATTACHMENT 2 • Agenda Item: 5.1 Hearing Date: February 1,2010 STAFF REPORT TO THE PLANNING COMMISSION 114 : • • FOR THE CITY OF TIGARD, OREGON SECTION I. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO ALLOW ELECTRONIC MESSAGE CENTER FOR • SIGNS AT SCHOOLS FRONTING AN ARTERIAL STREET CASE NO.: Development Code Amendment (DCA) DCA2009-00006 PROPOSAL: The Community Development Director requests an amendment to the text of the Signs Chapter (18.780) .of the City of Tigard Community Development Code to allow an electronic message center as the approved sign at a school fronting an arterial street where the sign is a minimum of 200 feet from an abutting residential use and is oriented to the arterial street. APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 APPLICANT'S City of Tigard REP.: 13125 SW Hall Boulevard Tigard, OR 97223 ZONE: Citywide LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.780; Comprehensive Plan Policies 1, 2, 6, 7, and 12; Metro Urban Growth Management Plan Titles 1, 8, and.12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1,2, 10,and 11. SECTION II. STAFF RECOMMENDATION Staff recommends that the.Planning Commission find in favor to amend the Sign.Code regulations as proposed by the applicant, with any alterations as determined through the public hearing process and make a final recommendation to the Tigard City Council. . DCA2009-00006 Planning Commission Staff Report 020110 Page 1 • • SECTION III. BACKGROUND INFORMATION The proposal is to amend the sign code to allow electronic message centers as an approved use for a sign at a school that fronts an arterial street:It is further proposed that the electronic message center sign be a minimum of 200 feet from an abutting residential use and oriented to the arterial street. Currently only zones C-G and CBD are allowed to have electronic message centers. Any future development of a school fronting an arterial street will be able to include this use if the proposed amendment is approved. SECTION IV. SUMMARY OF APPLICABLE CRITERIA • • Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed•by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter • 197; Forty-five day advance notice was provided to DLCD on December 11; 2009, 52 days prior to the first ' scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1--Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the public hearing. • Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. Statewide Planning Goal 10—Housing This goal outlines provisions to insure state housing needs are met. The Tigard Development Code allows schools within residential zones as a conditional use, which is consistent with the Comprehensive Plan. The electronic message centers will only be allowed on school sites fronting an arterial street. To ensure minimal effect upon surrounding residential uses, the electronic message center is proposed to be a minimum of 200 feet from any abutting residential use and oriented to the arterial street. Statewide Planning Goal 11 —Public Facilities and Services Goal 11 outlines the need to plan and develop an arrangement of public facilities.and services which will serve as a 'framework fox urban and rural development. Schools are considered part of a community's necessary service needs of public facilities, This code amendment only allows electronic message center on an approved school site fronting an arterial street. Allowing an electronic message center on the school site will enhance efficiency of the service needs by providing a sign easily read in dim light or arterial traffic. Such signs will also enhance obtaining school event messages without entering and exiting arterial streets.. DCA2009-00006 Planning Commission Staff Report 020110 Page 2 • Any applicable Metro regulations; Metro Urban Growth Management Plan Title 1—Requirements for Housing and Employment Accommodation of this section of the Functional Plan facilitates efficient use of land within the Urban Growth Boundary (UGB): Each city and county has determined its capacity for providing housing and employment that serves as their baseline and if a city or county chooses to reduce capacity in one location, it must transfer that capacity to another location. Cities and counties must report changes in capacity annually to Metro. This amendment is only to allow the use of electronic message centers. These approved sites are commonly in residential zones, but are not for residential use. Therefore, this text amendment does not reduce the City's housing capacity. Tide 8—Compliance Procedures This title ensures that all cities and counties in the region are fairly and equitably held to the same standards and that the Metro 2040 Growth Concept is implemented. It sets out compliance procedures and establishes a process for time extensions and exemptions to Metro Code requirements. This title is not applicable. Title 12—Protection of Residential Neighborhood The purpose of this title is to 'protect the region's existing residential neighborhoods from air and water pollution, noise and crime, and to provide adequate levels of public services. In particular the title addresses making public schools more accessible to neighborhood residents. Allowing electronic message centers on public and private school sites will enhance reading of the sign by making it easier to see in dim light or in arterial traffic. Metrce Regional Framework Plan Policy 1.14 School and Local Government Plan and Policy Coordination 1.14.1 Coordinate plans among local governments,including cities, counties, special districts and school districts for adequate school facilities for already developed and urbanizing areas. 1,14.2 Consider school facilities to be "public facilities" in the review of city and county comprehensive plans for compliance with the Regional Framework Plan. Policy 8.3 Schools 8.3.7 Encourage local jurisdictions to prioritize development applications and streamline processes for public agencies, including schools, to ensure that public needs are met without jeopardizing opportunities for.citizen input or oversight for health and safety or environmental protection. • 8,3.8 Encourage local jurisdictions to partner (including funding)with school districts to jointly use school sites for the public good(such as combined libraries, parks, connections with local services such as police,neighborhood centers,senior centers,etc.). DCA2009-00006 Planning Commission Staff Report 020110 Page 3 • • These policies have been addressed by the implementation strategies of the Tigard Comprehensive Plan. Allowing electronic message centers on school sites will not adversely affect coordination between local governments and the school districts to insure adequate school facilities are being provided. Currently, electronic message centers are not allowed in residential zones. Allowing electronic message centers as a permitted use enables the school facility to more effectively utilize a sign on land already owned by the school. ® Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: General Policies The city shall ensure that: A. This comprehensive plan and all future legislative changes are consistent with the statewide planning goals adopted by the land conservation and development commission, the regional plan adopted by the metropolitan service district; B. Any neighborhood planning organization plans and implementation measures adopted by the City.of Tigard after the effective date of this comprehensive plan are designed to be consistent with this plan; and C. The Tigard comprehensive plan and community development code are kept current with the needs of the community. In order to do this: 1. This plan shall be reviewed and updated at least every five years. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and the Regional Plan. Comprehensive Plan Policy 2.1.1,2.1.2 and 2.1.3: Citizen Involvement 2.1.1 The city shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. 2.1.2 The opportunities for citizen involvement provided by the city shall be appropriate to the • scale of the planning effort and shall involve abroad cross-section of the community: The citizen involvement teams shall be the primary means for carrying out the program; 2.1.3.The city shall ensure that information on land use planning issues is available in an understandable form for all interested citizens. This policy is satisfied because the notice was published in the Tigard Times of the Planning Commission public hearing and the City Council public hearing. Public input has been invited in the notice. Comprehensive Policy 6.6.1: Housing 6.6.1 The city shall require: A. Buffering between different types of land uses (for example between single family residential and multiple family residential, and residential and commercial uses, and residential and industrial uses)and the following factors shall be considered in determining the type and extent of the.required buffer; 1.The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust or to provide a visual barrier; 2.The size of the buffer needed in terms of width and height to achieve the purpose; 3.The direction(s) from which buffering is needed; 4.The required density of the buffering; and DCA2009-00006 Planning Commission Staff Report 020110 Page 4 • • • 5.Whether the viewer is stationary or mobile.Vol. Ii,policy 6-5 Policy 6.6.1 requites buffering between different types of land uses. The Tigard Development Code does not require a buffer between schools and residential homes, but does require increased setbacks around schools up to 30 feet. The proposed 200-foot setback from an abutting residential use and sign orientation in the direction of traffic on an arterial street are intended as buffets from neighboring uses. Comprehensive Policy 7.8.1: Public Facilities and Services 7.8.1 The city shall work closely with the school districts to ensure the maximum community use of[the] school facilities for Tigard residents through location criteria and the provisions of urban services. Schools are considered public facilities, The Comprehensive Plan states the City shall work closely with the school districts to ensure the maximum community use of the school facilities for Tigard residents through location criteria and the provisions of urban services. These location criteria mainly relate to new schools, but are addressed further below under Policy 12. The proposed code amendment will enhance community use of the facilities. Comprehensive Policy 12.4.1: Location Criteria 12.4.1 The city shall provide for the location of community facilities in a manner which accords with: A. The applicable policies in this plan; P. The location criteria applicable to the scale and standards of the use. Medium impact utilities and facilities A. Location criteria • ' (1) access (a) there is direct access from the site to a collector street and traffic will not be routed through local neighborhood streets. (b) site access will not cause dangerous intersections or traffic congestion considering the roadway capacity, existing and projected traffic counts,speed limits and number of turning movements. (c) there is public transit within one-quarter mile of the site. (2) impact of the proposed change on adjacent lands Vol. Ii,policy 12-13 (a) it is compatible with surrounding uses,considering scale,character and use. (b) it will reinforce orderly and timely development. (c) associated lights and noise will not interfere with the activities and uses on surrounding properties. (d) large scale construction and parking lots can be buffered from the adjacent uses. (e) privacy of adjacent residential developments can be maintained. (1) the site layout can respond to existing community identity and street patterns. (g) buffering can screen the project from adjacent uses. (h) there is adequate area landscaping to filter the dust from the site area. (3) site characteristics (a) the land intended for development has an average site topography of less than a DCA2009-00006 Planning Commission Staff Report 020110 Page 5 • • 10%grade, or it can be demonstrated that through engineering techniques, all limitations to development and the provision of services can be mitigated. (note: this does not apply to parks.) (b) the site is of a size which can accommodate the present and future uses and is of a shape which allows for a site layout in a manner which maximizes user convenience and energy conservation. (c) the unique natural features,if any,can be incorporated into the design of the facilities or arrangement of land uses. This policy addresses location of community facilities in accordance with applicable policies of the Comprehensive Plan and with location standards related to the use. These standards are related to access, impact on adjacent lands, and site characteristics. The proposed code amendment should not impact these standards. As has been discussed previously in this report, impact on adjacent lands will be mitigated by setbacks and orientation of the sign face(s) toward the traffic on an arterial street. e Any applicable provision of the City's implementing ordinances. Code Section 18.380: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present 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. Code Section 18.390: This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Code Section 18.510: This chapter establishes procedures and criteria for development within residential zoning districts. The purpose of these regulations is: 1. Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development -- schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services-- at appropriate locations and at an appropriate scale. The proposed amendment includes provisions to ensure the continued protection of neighborhood livability by requiring that the electronic message center be located at least 200 feet from an abutting property with a residential use The use is also restricted to school sites fronting an arterial street. Staff believes adding electronic message centers to the list.of activities will not increase the impact on neighboring sites. Presently the code does not allow electronic message centers within a residential zone. tpi`•t{S,iT�tie�K7 j'�,�ti.j,rC( ivrt Sy °�St )u t ,p•'..�H: r' 1 •t "'4•:tt.4� i `. a ui;• • 7 �r.ti m a4=�r.•��_�M' al� ti �;;:_ � �.y •;•;,�D-tfa.��I�I � •I�Ip) i�.,..•,S?S� '''� " e• �ti�,�a N 1 ,�. ''D').p1 ai,t�,e),r�`,1: e; �"k' , 6)54z �i.(.'e'..1� �'{t z, , �r ng� 1nK'F; 5i 0 t � sp 'ay. ) ;� W?� ;t ':; 4 r-. Y ''rr,, � •..` } l'44, : ' �t� 0 G1. +�,Q . `. ti t , y t al',{,I�'�V pq,z, :1 '1 , r o a. ,•a. 41,„/ • t ✓r�.�,,.v1 k, wtyy '^twl.i: , ,g,':;,1.y�.i"T'.-,i. ' t...,,--',3:.' i`' ' . '•-.1.t± t ZS•. ,Li' S: s'it✓},'z.i' .r'�;;."W' 4? k ;44,c ,f;;.1 .or V ,I :, S I. -1 .. .1~t•� ^k�; • • The applicant has proposed that an electronic message center be a permitted use for a school on an arterial street where the sign is no closer than. 200 feet from an abutting residential use and is oriented to the arterial street. It is not the intent of the applicant to make electronic message centers a permitted use in all residential zones without limitation or to increase the number of signs allowed at a school. The sign size and number of signs allowed will be regulated by the applicable zone standards for signs. The accurate code language should be as follows: CHAPTER 18.780 SIGNS 18.780.090 Special Condition Signs D. Electronic message centers. 1.Electronic Message Center (variable message) sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones;} and at schools that front an arterial street where the sign is not less than 200 feet ftr n an abutting residential use and is oriented to the arterial street. b.The maximum height and area of an electronic message center sign shall be that which is stipulated in Subseetien Section 18.780.130.6; SECTION V. STAFF ANALYSIS Currently electronic message centers are allowed only in the C-G and CBD commercial zones where schools are not a permitted use. Schools are allowed conditionally in all residential zones and the mixed use zones.The amendment limits electronic message center locations to schools and the busier streets in these zones. In TMC18.780.130.A&B?the area of signs allowed in residential zones is 32 sq. ft. for freestanding signs and 5 % of the gross wall area on which a wall sign is mounted. If it is freestanding, the sign may be six feet in height. The school may choose only one sign, and an electronic message center would be an option for the allowed wall or freestanding sign. The area and height limitations are different in the mixed use zones; however, almost all schools in Tigard are in residential zones. Schools in mixed use zones would comply with the limitations of TMC18.780.130 according to the specific zone in which they are located,provided they front an arterial street and the sign is at least 200 feet from a residential use. Restrictions on sign usage within the residential zones are an important aspect of promoting the peaceful enjoyment of a neighborhood. Schools are typically found in residential neighborhoods to safely and efficiently serve the community's children. The City needs to balance these two uses, and may do so through restrictions on place, size, and buffering. The proposed code amendment addresses the applicant's request by allowing an electronic message center for schools that front an arterial street. To ensure the public welfare and safety is protected, the sign's proximity to abutting properties with a residential use must be 200 feet or greater and the sign must be oriented to the arterial street. Staff believes that the proposed amendment strikes the best balance of restriction while still meeting the needs of the schools. The potential negative impact by allowing electronic message centers at schools is that the sign would be more noticeable on dim days or at night. The intensity of light from a sign is addressed in Section 18.780.080.A and will not change with this amendment. DCA2009-00006 Planning Commission Staff Report 020110 Page 7 • • . SECTION VI. AL'T`ERNATIVES Requested Action —Allow electronic message centers on school sites fronting an. arterial street where the sign would be 200- feet or more from an abutting residential use and is oriented to the arterial street, Expected impact would be little to none, only that produced by the light from the sign which is regulated by TMC18.780.080.A. Alternate Actions—Allow electronic message centers on school sites limited by zones,limited by street type or not, limited by location on the property or not, or as recommended by the Commission. Expected impact could be complaints about an electronic message center and its lights from residents on streets with less traffic than arterial streets and/or the sign's light proximity to residential use. - No Action — The code would remain unchanged, and electronic message centers would continue to be prohibited in residential zones. Expected impact would be to initiate an enforcement action on one sign, in particular an EMC at Tigard High School. SECTION VII. CITY STAFF & OUTSIDE AGENCY COMMENTS The City of Tigard Police Department,Tualatin Valley Fire and Rescue, Oregon Department of Land Conservation and Development, City of Tigard Development Engineer, and Tualatin Valley Fire and Rescue were sent requests for comments and had no objections. Metro Land Use and Planning and Oregon Department of Transportation were sent requests for comments and did not respond. The City of Tigard Assistant Community Development Director was sent a request for comments and those comments are incorporated in this report. SECTION VIII. PUBLIC COMMENTS Staff has received no comments from the public. r 0 n j � � ' '/ w PREPARED BY arrel" i�.,' 'Wa ins DATE Assistant ' annex IAA omPrAr APPROVED BY: ick Bewersdo ff' DATE Planning Mans: • DCA2009-00006 Planning Commission Staff Report 020110 Page 8 . • ATTACHMENT 3 • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes I� February 1, 2010 t= y 1. CALL TO ORDER President Walsh called the meeting to order at 7:02 pm. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL • Present: Commissioners Anderson, Fishel, Gaschke, Hasman, Muldoon, Vel_111ilyea, and Walsh. Alternate Commissioners Schmidt& Shavey Absent: Commissioner Doherty, Commissioner Caffall Staff Present: Ron Bunch, Community Development Director;Dick Bewersdorff, Planning Manager; Hap Watkins, Assistant Planner; Michael McCarthy, Streets & Transportation Sr. Project Engineer; Doreen Laughlin, Sr. Administrative Specialist 3. COMMUNICATIONS Commissioner Vermilyea gave a brief report on his involvement (as a Planning Commission representative) on the Tigard Transportation Advisory Committee (flAC)which meets the first Wednesday of every month. He said since he's attended the past 3 months or so, they've had overviews of the existing Transportation System Plan, existing finance options, getting an understanding of what the financing mechanisms are as well as understanding state, regional, and local transportation plans. He noted that this is a standing committee and he'll continue to report as things go on. Commissioner Vermilyea also had attended the joint City of Lake Oswego/Planning Commission meeting. He gave a brief overview of that meeting. He noted there was not a lot of interaction at that meeting;it was more of a presentation. He said much of what they spoke about was not likely to be anything that Tigard would be dealing with for the next 15 years or so. I:\LRPLN\Planning Commission\PC Packets for 2010\2-1-10\tpc minutes 2-1-10.doc Page 1 of 5 • a • 4. CONSIDER MEETING MINUTES 1-4-10 Meeting Minutes: President Walsh asked if there were any additions, deletions, or corrections to the minutes —there being none,Walsh then declared the minutes approved as submitted. 5.1 PUBLIC HEARING —ELECTRONIC MESSAGE CENTERS • DCA2009-00003 STAFF REPORT Hap Watkins, Assistant Planner, briefly went over the staff report (staff reports are available one week before each scheduled meeting.) QUESTIONS FROM COMMISSIONERS OF STAFF I understand we currently have a school that's out of compliance with our existing sign regulation, is that correct? Yes, Tigard High School. • Are there other schools on arterials — schools that could be affected? Yes, Durham Elementary, Tigard High School, St. Anthony School, Mitch Charter School, Westgate Baptist School, and the Muslim Educational Trust School. These could potentially be affected. So we're saying that we're going to allow a sign at a school site that is not less than 200' from a residential zone and it has to be on an arterial. Those are the two issues correct? Yes — 200 feet from an abutting residential use. Explain to me what "abutting" is? For example, if the residential use is across the street—is that abutting? No. • So the residential use could be less than 200' from the sign but if it is across the street from the sign — this wouldn't prevent the sign from going up? No, it wouldn't. The orientation of the sign would be perpendicular to the arterial so it would have less effect on the use across the right-of-way. • Define an arterial. I take an arterial from our GIS overlay. It lists all the arterial streets. I don't have with me a definition of an arterial. It's the highest use street we have in Tigard. PUBLIC TESTIMONY—IN FAVOR: Barbara Fronczak, 19135 SW 52nd St., Tualatin, OR 97062, Vice Chair of St Anthony's School Advisory Council. She stated that she was there in support of this amendment. It would be used as a means of communication. Enrollment is down due to economy. This is good to get messages out to the residents of I:\LRPLN\Planning Commission\PC Packets for 2010\2-1-10\tpc minutes 2-1-10.doc Page 2 of 5 • i Tigard about the school and its benefits, and improve communication within the parent community to inform them of events and activities going on at the school. There were no questions of Ms. Fronczak. David Casias — 12199 SW Hollow Lane, Tigard, OR 97223 stated his support of the amendment of the code. He speaks as a parent of a St. Anthony student. He believes it would be a great asset to the school to be able to communicate to the school parents and the community in general. There were no questions of Mr. Casias. PU 1 LIC TESTIMONY— OPPOSED: None. PUBLIC TESTIMONY CLOSED DELIBERATIONS One of the commissioners had a question for staff regarding a school that he said is not on an arterial at this time. The question was to whether, as the City grows, perhaps more streets would be considered arterials. Is there any control as to where signs are placed? Is there any flexibility to dictate where a sign can go on a given piece of property? For example, the Fowler property— suppose the sign goes on the corner and shines in across the street to the residences that are right there. Any control over that? Nothing other than the 200 foot set-back for residential use. The schools that I visited (Beaverton,Aloha, and Lake Oswego)generally put these type boards central to the building because it's right there— everyone knows what the sign's for. None of them strayed from that. They were all basically central to the building- the midline of the building. The way it's written right now— it has to be oriented to the arterial street. It would be perpendicular to that street— shining both ways. That's one limitation from across the right-of-way. Another question for staff: When you say school... would that include any place that has, say, just kindergartners? No. Preschools are identified in our land use code as `institutional daycare."To be qualified as a school,you have to teach grades 1-12. There were no further questions or deliberations and the following motion was made by Commissioner Anderson, seconded by Commissioner Muldoon. MOTION: "I move that we forward a recommendation of approval to the City Council to amend DCA 2009-00006 to allow electronic signs as stated in the staff report." The motion CARRIED on a recorded vote, the Commission voted as follows: I:\LRPLN\Planning Commission\PC Packets for 2010\2-1-10\tpc minutes 2-1-10.doc Page 3 of 5 1 r ♦, • • AYES: Commissioner Anderson, Commissioner Fishel, Commissioner Gaschke, Commissioner Hasman, Commissioner Muldoon, Commissioner Vermilyea, and Commissioner Walsh (7) NAYS: None (0) ABSTAINERS: . None (0) ABSENT: Commissioner Doherty, Commissioner Caffall (2) 6. WORK SHOP — !:RIEFING ON HWY 99/HALL/GREEN::URG Mike McCarthy, Streets & Transportation Sr. Project Engineer, gave an informal "gather `round the plans" type of briefing. He gave a general "5000 foot level" overview of the various projects. Some of these projects would include bus pull-outs, street trees, etc. He noted that much of the construction would be done during the nighttime so as to have the least impact on traffic. The commissioners voiced some concerns and some enthusiasm for the various ideas. McCarthy noted that the City would go to great lengths to ensure extensive public information would be given. Among other things, the City will use the City website, Facebook, &Twitter, to get the word out—to let people know when various activities will be happening. McCarthy will provide a miniature version of the plans for the record (Exhibit A). The following is a basic time-line (given after the meeting). February: Design Completion March: Bidding April: Contract Documents and Paperwork May: Construction Start Spring 2011: Construction Completion 7. OTHER BUSINESS Commissioner Vermilyea noted that at the last meeting there was a conversation with staff about providing the Planning Commission with a work plan based on the priorities that the Planning Commission had set for the last few years. His recollection is that Ron Bunch said that it would be between 12 — 15 pages and he wondered where it is, because now it's February. If they're going to plan for the year, the year is moving on. He feels they've let their priorities slide for a couple of years now since they've finished the Comp Plan process. He'd like to focus on what they said they wanted to be working on. In addition, the consensus was that they would prefer it not be that long. They would like a one page bullet point list for 2010. They would like this to be put on the calendar for March 1st. They would like to go through the calendar and work on priorities on March 1st. Walsh added that he'd forgotten to mention that the Electronic Message Center amendment DCA2009-00006 would be going to Council on February 23=d. I:\LRPLN\Planning Commission\PC Packets for 2010\2-1-10\tpc minutes 2-1-10.doc Page 4 of 5 . t • • 8. ADJOURNMENT President Walsh adjourned the meeting at 8:00 pm. Doreen Laughlin, Planning Commission Secretary • A'fl'EST: President David Walsh • I:\LRPLN\Planning Commission\PC Packets for 2010\2-1-10\tpc minutes 2-1-10.doc Page 5 of 5 S, Li I in person ❑ ,lec rc(lic Li Inai c i F RZ DLCD M Notice of Adoption COp, This Form 2 must be mailed to DLCD within 5-Working Days after the Final O rdinance is signed by the public Official Designated by the jurisdiction and all other requirements of ORS 197.615 and OAR 660-018-000 F ()lac "``�'`� Jurisdiction: City of Tigard Local file number: DCA2009-00006 Date of Adoption: February 23, 2010 Date Mailed: March 1, 2010 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? ® Yes ❑ No Date: 12/7/09 ❑ Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ® Land Use Regulation Amendment ❑ Zoning Map Amendment n New Land Use Regulation ❑ Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". Amendment to Section 18.780.090.D.1.a &b to allow electronic message center signs at schools that front an arterial street where the sign is not less than 200 feet from an abutting residential use and is oriented to the arterial street. Does the Adoption differ from proposal? Yes, Please explain below: The sign must also be oriented to the arterial street. 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 X X 6� 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 Opera! Agencies, Local Governmenier Special Districts: None Local Contact: Darrel "Hap" Watkins Phone: (503) 718-2440 Extension: Address: 13125 SW Hall Boulevard Fax Number: 503-718-2748 City: Tigard Zip: 97223 E-mail Address: hap @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.lcd.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' Attn: Patty/Planning CERTI, RE: DCA2009-00006 -n (Domestic Electronic Message Centers r9 "Notice of Adoption" O For delivery ,� -- L. U I A Gq Postage MICIM 0C."- co rn - Certified Fee Postmark D O Return Receipt.Fee J Here p (Endorsement Required) • rd ��1� O O Restricted Delivery Fee O d (Endorsement Required) US?" r1 co Total Postage&Fees HEM rU - Sent To 1:13 ATTN: PLAN AMENDMENT SPECIALIST Street Apt.No.; Oregon Dept.of Land Conservation&Development or PO Box No. 635 Capital Street NE,Suite 150 Oily,State,ZIP+4 Salem,OR 97301-2540 PS Form 3800.August 2006 See Reverse for Instructions J 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. B. n e ame) C. Date oT�2ttvery_ • Attach this card to the back of the mailpiece, 7_ or on the front if space permits. Ca ( ON-Ar 7 j6 D. Is delivery address different from tern 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 3. Service Type Salem,OR 97301-2540 10 Certified Mail ❑ Express Mail _ - _ ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4.'Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number — — — — — - ' (Transfer from service late° 7008 2 810. 0001 :363'1 9 016 - PS Form 3811,February 2004 ' Domestic Return Receipt , ry t P 10259$-0ZM=1540 • • from Mr. Koenig, Mayor Dirksen advised that City Attorney Ramis was not present at this time because City Attorney Ramis had another engagement. Mr. Koenig repeated that the City Attorney"is a liar." Mayor Dirksen asked the City Council if they had any questions of Mr. Koenig. There being no questions, Mayor Dirksen thanked Mr. Koenig for his comments. Patrick Dinan testified. He reported his surprise that the Chief of Police told him he had been trespassed and could not attend the City Council meeting. He said the Chief did not give him this information in writing, but told Mr. Dinan that he was being disruptive. Mr. Dinan advised that he still has not received written findings from the municipal judge as he requested previously. He advised City Council he was seeking the Council's help to get answers. Mayor Dirksen advised Mr. Dinan that the City Council recognizes "your right to come before us during the citizen communication and address us." Mr. Dinan asked why the Chief would have the right to deny him access to the City Council and he reiterated his request to receive the written findings from the judge. Mayor Dirksen thanked Mr.Dinan for his comments. 7:40:55 PM Mayor Dirksen reviewed the Consent Agenda topics: 3. CONSENT AGENDA: 3.1 Approve City Council Meeting Minutes for November 17,2009 3.2 Notice of Need to Form an Ad Hoc Trails Master Plan Citizen Advisory Committee Motion by Council President Wilson,seconded by Councilor Webb,to approve the Consent Agenda. 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 4. LEGISLATIVE PUBLIC HEARING — CONSIDER A CODE AMENDMENT TO ALLOW AN ELECTRONIC MESSAGE CENTER AT A SCHOOL THAT FRONTS AN ARTERIAL STREET (DCA2009-00006) 7:41:43 PM a. 7:41:50 PM Mayor Dirksen opened the public hearing b. City Attorney Hall read the rules of procedure;a copy is on file in the City Recorder's office. c. Declarations or challenges: None. 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 10 • • d. Summation by Community Development Department 7:45:03 PM Assistant Planner Watkins presented the staff report;the report is on file in the City Recorder's office. He advised Community Development Director Bunch requested an amendment to the text of the "signs"chapter of the Community Development Code, 18.780. The proposed amendment will allow an electric message center for a school fronting an arterial street,where the sign is a minimum of 200 feet from an abutting residential use and is oriented to the arterial street. e. Public Testimony Barbara Fronczak,19135 SW 52nd Court,Tualatin OR 97062 advised she is the Vice Chair of the School Advisory Council of St.Anthony's School. She supports the Code amendment as this would benefit their school allowing a means of communication of the benefits of the school to Tigard residents. It would also improve the communication within the"parent community" of their school. David Cusias, 12199 Hollow Lane,Tigard,OR 97223 supported the Code amendment as mentioned by Ms. Fronczak. This would provide a quick and easy way to provide information to parents and serve to increase parent participation. The beneficiaries of this participation are the students and faculty. f. Staff Recommendation: 7:47:46 PM Assistant Planner Watkins advised that staff recommends that the City Council find in favor of the sign code amendment as forwarded by the Planning Commission. g. Council Discussion: None. h. Mayor Dirksen closed the public hearing. 7:48:08 PM Council Consideration: Ordinance No. 10-04 7:48:18 PM Motion by Councilor Webb,seconded by Council President Wilson,to adopt Ordinance No. 10-04. ORDINANCE NO. 10-04—AN ORDINANCE ADOPTING AN AMENDMENT TO THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.780 (DEVELOPMENT CODE AMENDMENT DCA2009-00006) 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 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 10 • • AGENDA ITEM No. 4 Date: February 23, 2010 TESTIM•NY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLI HEARING: CONSIDER A CODE AMENDMENT TO ALLOW AN ELECTRONIC MESSAGE CENTER AT A SCHOOL THAT FRONTS AN ARTERIAL STREET (DCA2009-00006) This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints There is a Five-minute Time Limit on Testimony I/Adm/Cathy/CCSignup/Lcg.PH/DCA2009-00006 • • AGENDA ITEM No. 4 • February 23, 2010 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. AU written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Pro onent—(S caking In Favor) 0 onent—(S caking Against) Neutral I Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. j 970 Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. / A �L'�/•c'1 l�N7t G.'S J i 2 i °/o S�l ;A1(C'`j L ./.1 or ci72L3 Svc. sLL1.61-) fZ Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. • iI Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. 11 • • 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 Ttzn np;ng .Assistant City qf Tigard/Current Planning 5x3.718.2438/_patty@tigardor.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 Z� 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 (1'3D -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 www.tigard-or.gov I Page 1 of4 • • ti City of Tigard TIGARD' Tigard Business Meeting - Agenda 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 • 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 &Tiaison 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 FT.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 f. 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 of4 • • 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\2010\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 of4 • Agenda Item# Meeting Date February 23, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon e' Issue/Agenda Title Tigard Community Development Code Amendment to allow an Electronic Message Center at a School that fronts an Arterial Street(DCA2009-00006). Prepared By Hap Watkins Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall Council approve the Planning Commission's recommendation to amend the Tigard Community Development Code(TMC 18.780.090.D.1.a) to allow electronic message center signs at schools that front an arterial street? STAFF RECOMMENDATION Approve the Planning Commission's recommendation and adopt the proposed ordinance and amendment to the Tigard Development Code(TMC Title 18.780.090.D.1.a) as shown in Exhibit"A". KEY FACTS AND INFORMATION SUMMARY Electronic message centers are currently only allowed in the C-G and CBD zones. Schools in Tigard are typically located in residential zones, but several are located on arterial streets. Generally, electronic message center signs are common on arterial streets. In other jurisdictions they are often used by schools to provide public information. For example, Aloha High School and middle schools have electronic message centers, as does Beaverton High SchooL Also,they are used by schools in Portland. Restrictions on sign usage within the residential zones are an important aspect of promoting the peaceful enjoyment of a.neighborhood._The.City. needs to balance the needs_of.the school and the neighborhood, and can do this by allowing signs with restrictions on placement,size,and buffering. The proposed code amendment addresses the applicant's request by allowing an electronic message center for schools that front an arterial street where the sign is located 200 feet or more from an abutting residential use and is oriented to the arterial street Schools are allowed by Conditional Use in all residential and multi-use zones. Sign size and height will be limited by code restrictions which are applied by zone. OTHER ALTERNATIVES CONSIDERED 1. Modify the Planning Commission's recommendation and adopt an ordinance approving DCA2009-00006. 2. Do not adopt the proposed ordinance and amendment. - • • CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Ordinance approving amendments to the Tigard Development Code (TMC Title 18). Exhibit A:Amendment Language for DCA2009-00006. Attachment 2: Staff Report to the Planning Commission dated January 8, 2010. Attachment 3: Planning Commission Minutes (public hearing) - February 1,2010 FISCAL NOTES No financial impacts are expected. • 40 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 10- AN ORDINANCE ADOPTING AN AMENDMENT TO THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.780 (DEVELOPMENT CODE AMENDMENT-DCA2009- 00006) WHEREAS,the City has proposed amendments to the Tigard Municipal Code Title 18;and WHEREAS,the Tigard Planning Commission held a public hearing,which was noticed in accordance with City standards, on February 1, 2010, and recommended approval of the proposed DCA2009-00006 by motion and with unanimous vote;and WHEREAS, on February 23, 2010, the Tigard City Council held a public hearing which was noticed in accordance with City'standards, to consider the Planning Commission's recommendation on DCA2009-00006; and WHEREAS, on February 23, 2010, the Tigard City Council adopted DCA2009-00006 by motion pursuant to the public hearing and its deliberations;and WHEREAS, Council's decision to adopt DCA2009-00006 is based on the findings and conclusions found in the City of Tigard Staff Report to the Planning Commission dated January 8, 2010, and the associated record, which are incorporated herein by reference and are contained in land-use file DCA2009-00006;and WHEREAS, the Tigard City Council has determined that the proposed Development Code Amendments are consistent with the applicable Review Criteria,and that approving the amendments would be in the best interest of the City of Tigard. NOW,.THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Municipal Code Title 18 is amended as shown in"EXHIBIT A". SECTION 2: The findings in the January 8, 2010 Staff Report to the Planning Commission, Minutes of the February 1, 2010 Planning Commission hearing, and the Minutes of the February 23, 2010 Council hearing 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. ORDINANCE No. 10- Page 1 O 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- Page 2 • EXHIBIT "A" AMENDMENTS TO THE TIGARD DEVELOPMENT CODE (TITLE 18) AS PROPOSED IN LAND USE CASE DCA2009=00006 (Bold and underline text indicates proposed new language and strike-thfetIgh indicates language proposed to be deleted.) CHAPTER 18.780 SIGNS 18.780.090 Special Condition Signs D. Electronic message centers. 1. Electronic Message Center (variable message) sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones;. and at schools that front an arterial street where the sign is not less than 200 feet from an abutting residential use and is oriented to the arterial street. b. The maximum height and area of an electronic message center sign shall be that which is stipulated in S seetien Section 18.780.130.€; • ATTACHMENT 2 Agenda Item: 5.1 Hearing Date: Pebruary 1,2010 STAFF REPORT TO THE PLANNING COMMISSION a :fir. FOR THE CITY OF TIGARD, OREGON L ?'` SECTION I. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO ALLOW ELECTRONIC MESSAGE CENTER FOR SIGNS AT SCHOOLS FRONTING AN ARTERIAL STREET CASE NO.: Development Code Amendment(DCA) DCA2009-00006 PROPOSAL: The Community Development Director requests an amendment to the text of the Signs Chapter ,(18.780) of the City of Tigard Community Development Code to allow an electronic message center as the approved sign at a school fronting an arterial street where the sign is a minimum.of 200 feet from an abutting residential use and is oriented to the arterial street. APPLICANT: City of Tigard 13125 SW'Hall Boulevard Tigard,OR 97223 APPLICANT'S City of Tigard REP.: 13125 SW Hall Boulevard Tigard,OR 97223 • ZONE: Citywide LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.780; Comprehensive Plan Policies 1, 2, 6, 7, and 12;Metro Urban Growth Management Plan Titles 1, 8, and.12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1,2, 10,and 11. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find in favor to amend the Sign.Code regulations as proposed by the applicant, with any alterations as determined through the public hearing process and make a final recommendation to the Tigard City Council. DCA2009-00006 Planning Commission Staff Report 020110 Page 1 • • SECTION III, BACKGROUND INFORMATION The proposal is to amend the sign code to allow electronic message centers as an approved use for a sign at a school that fronts an arterial street:It is further proposed that the electronic message center sign be a minimum of 200 feet from an abutting residential use and oriented to the arterial street. Currently only zones C-G and CBD are allowed to have electronic message centers. Any future development of a school fronting an arterial street will be able to include this use if the proposed amendment is approved. • SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: • The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; Forty-five day advance notice was provided to DLCD on December 11; 2009, 52 days prior to the first ' scheduled public hearing as required.In addition,the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the public hearing. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which-to evaluate-a-request for amending the-Code consistent with Goal 2:- Statewide Planning Goa110—Housing This goal outlines provisions to insure state housing needs are met. The Tigard Development Code allows schools within residential zones as a conditional use, which is consistent with the Comprehensive Plan. The electronic message centers will only be allowed on school sites fronting an arterial street. To ensure minimal effect upon surrounding residential uses, the electronic message center is proposed to be a minimum of 200 feet from any abutting residential use and oriented to the arterial street. Statewide Planning Goal 11—Public Facilities and Services Goal 11 outlines the need to plan and develop an arrangement of public facilities and services which will serve as a framework fox urban and rural development. Schools are considered part of a community's necessary service needs of public facilities. This code amendment only allows electronic message center on an approved school site fronting an arterial street. Allowing an electronic message center on the school site will enhance efficiency of the service needs by providing a sign easily read in dim light or arterial traffic. Such signs will also enhance obtaining school event messages without entering and exiting arterial streets.. DCA2009-00006 Planning Commission Staff Report 020110 Page 2 • • Any applicable Metro regulations; Metro Urban Growth Management Plan Title 1—Requirements for Housing and Employment Accommodation of this section of the Functional Plan facilitates efficient use of land within the Urban Growth Boundary (UGB); Each city and county has determined its capacity for providing housing and employment that serves as their baseline and if a city or county chooses to reduce capacity in one location, it must transfer that capacity to another location. Cities and counties must report changes in capacity annually to Metro. This amendment is only to allow the use of electronic message centers. These approved sites are commonly in residential zones, but are not for residential use. Therefore, this text amendment does not reduce the City's housing capacity. Title 8—Compliance Procedures This title ensures that all cities and counties in the region axe fairly and equitably held to the same standards and that the Metro 2040 Growth Concept is implemented. It sets out compliance procedures and establishes a process for time extensions and exemptions to Metro Code requirements. This title is not applicable. Title 12—Protection of Residential Neighborhood The purpose of this title is to protect the region's existing residential neighborhoods from air and water pollution, noise and crime, and to provide adequate levels of public services. In particular the title addresses making public schools more accessible to neighborhood. residents. Allowing electronic message centers on public and private school sites .will enhance reading of the sign by making it easier to see in dim light or in arterial traffic. Metro Regional Framework Plan Policy 1.14 School and Local Government Plan and Policy Coordination 1.14.1 Coordinate plans among local governments,including cities, counties, special districts and school districts for adequate school facilities for already developed and urbanizing areas. 11,142 Consider school facilities to be"public facilities" in the review of city and county comprehensive plans for compliance with the Regional Framework Plan. Policy 8.3 Schools 8.3.7 Encourage local jurisdictions to prioritize development applications and streamline processes for public agencies,including schools, to ensure that public needs are met without jeopardizing opportunities for'citizen input or oversight for health and safety or environmental protection. 8.3.8 Encourage local jurisdictions to partner(including funding)with school _ districts to jointly use school sites for the public good(such as combined libraries, parks, connections with local services such as police,neighborhood centers,senior centers,etc.). DCA2009-00006 Planning Commission Staff Report 020110 Page 3 • • These policies have been addressed by the implementation strategies of the Tigard Comprehensive Plan. Allowing electronic message centers on school sites will not adversely affect coordination between local governments and the school districts to insure adequate school facilities are being provided. Currently, electronic message centers are not allowed in residential zones. Allowing electronic message centers as a permitted use enables the school facility to more effectively utilize a sign on land already owned by the school. e Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: General Policies The city shall ensure that: A. This comprehensive plan and all future legislative changes are consistent with the statewide planning goals adopted by the land conservation and development ' commission,the regional plan adopted by the Metropolitan service district; B. Any neighborhood planning organization plans and implementation measures adopted:by the City ot Tigard after the effective date of this comprehensive plan are designed to be consistent with this plan; and C. The Tigard.comprehensive plan and community development code are kept current with the.needs of'the community: In order to do.this: 1. This plan shall be reviewed and updated at least every five years. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment,the amendment is consistent with the Statewide Goals and the Regional Plan. Comprehensive Plan Policy 2.1.1,2.1.2 and 2.1.3: Citizen Involvement 2.1.1 The city shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to'be involved in all phases of the planning process. 2.1.2 The opportunities for citizen involvement provided by the city shall be appropriate to the • scale of the planning effort and shall involve abroad cross-section of the community: The citizen involvement teams shall be the primary means for carrying out the program; 2.1.3.The city shall ensure.that information on land use planning issues is available in an understandable form for all interested citizens. This policy is satisfied because the notice was published in the Tigard Times of the Planning Commission public hearing and the City Council public heating. Public input has been invited in the notice. Comprehensive Policy 6.6.1: Housing 6.6.1 The city shall require: A. Buffering between different types of land uses (for example between single family residential and multiple family residential, and residential and commercial uses, and residential and industrial uses)and the following factors shall be considered in determining the type and extent of the..required-buffer; 1.The purpose of the buffer, for example to decrease noise levels,absorb air pollution, filter dust or to provide a visual barrier; 2.The size of the buffer needed in terms of width and height to achieve the purpose; 3.The direction(s) from which buffering is needed; 4:The required density of the buffering;and DCA2009-00006 Planning Commission Staff Report 020110 Page 4 • O 5.Whether the viewer is stationary or mobile.Vol. Ii,policy 6-5 Policy 6.6.1 requires buffering between different types of land uses. The Tigard Development Code does not require a buffer between schools and residential homes, but does xeccuire increased setbacks around schools up to 30 feet. The proposed 200-foot setback from an abutting residential use and sign orientation in the direction of traffic on an arterial street are intended as buffers from neighboring uses. Comprehensive Policy 7.8.1: Public Facilities and Services 7.8.1 The city shall work closely with the school districts to ensure the maximum community use of Ethel school facilities for Tigard residents through location criteria and the provisions of urban services. Schools are considered public facilities. The Comprehensive Plan states the City shall work closely with the school districts to ensure the maximum community use of the school facilities for Tigard residents through location criteria and the provisions of urban services. These location criteria mainly relate to new schools, but are addressed further below under Policy 12. The proposed code amendment will enhance community use of the facilities. Comprehensive Policy 12.4.1: Location Criteria 12.4.1 The city shall provide for the location of community facilities in a manner which accords with: A. The applicable policies in this plan; B. The location criteria applicable to the scale and standards of the use. Medium impact utilities and facilities A.Location criteria • (1) access (a) there is direct access from the site to a collector street and traffic will not be routed through local neighborhood streets. (b) site access will not cause dangerous intersections or traffic congestion considering the roadway capacity, existing and projected traffic counts,speed limits and number of turning movements. (c) there is public transit within one-quarter mile of-the-site. (2)impact of the proposed change on adjacent lands Vol. Ii,policy 12-13 (a) it is compatible with surrounding uses,considering scale,character and use. (b) it will reinforce orderly and timely development. (c) associated lights and noise will not interfere with the activities and uses on surrounding properties. (d)large scale construction and parking lots can be buffered from the adjacent uses. (e)privacy of adjacent residential developments can be maintained. (t)the site layout can respond to existing community identity and street patterns. (g) buffering can screen the project from adjacent uses. (h) there is adequate area landscaping to filter the dust from the site area. (3) site characteristics (a) the land intended for development has an average site topography of less than a DCA2009-00006 Planning Commission Staff Report 020110 Page 5 i • 10%grade, or it can be demonstrated that through engineering techniques, all limitations to development and the provision of services can be mitigated. (note: this does not apply to parks.) (b) the site is of a size which can accommodate the present and future uses and is of a shape which allows for a site layout in a manner which maximizes user convenience and energy conservation. (c) the unique natural features,if any,can be incorporated into the design of the facilities or arrangement of land uses. This policy addresses location of community facilities in accordance with applicable policies of the Comprehensive Plan and with location standards related to the use. These standards are related to access, impact on adjacent lands, and site characteristics. The proposed code amendment should not impact these standards. As has been discussed previously in this report, impact on adjacent lands will be mitigated by setbacks and orientation of the sign face(s) toward the traffic on an arterial street. • Any applicable provision of the City's implementing ordinances. • Code Section 18.380: This section regulates amendments. It outlines the process for. reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type IV legislative procedure as forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. Code Section 18.390: This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Code Section 18.510: This chapter establishes procedures and criteria for development within residential zoning districts. The purpose of these regulations is: 1. Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development -- schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services---at-appropriate locations-and at an appropriate scale. The proposed amendment includes provisions to ensure the continued protection of neighborhood livability by requiring that the electronic message center be located at least 200 feet from an abutting property with a residential•use: The use is also restricted to school sites fronting an arterial street. Staff believes adding electronic message centers to the list.of activities will not increase the impact on neighboring sites. 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DCA2009-00006 Planning Commission Staff Report 020110 Page 6 • • • The applicant has proposed that an electronic message center be a permitted use for,a school on an arterial street where the sign is no closer than 200 feet from an abutting residential use and is oriented to the arterial street. It is not the intent of the applicant to make electronic message centers a permitted use in all residential zones without limitation or to increase the number of signs allowed at a school. The sign size and number of signs allowed will be regulated by the applicable zone standards for signs. The accurate code language should be as follows: . CHAPTER 18.780 SIGNS • 18.780.090 Special Condition Signs • D.Electronic message centers. 1.Electronic Message Center(variable message) sign regulations shall be as follows: a.Electronic message center signs shall be,permitted only in the C-G and CBD zones;, and at schools that front ari arterial street where the sign is not less than 200 feet from an abutting residential use and is oriented to the arterial street. b.The maximum height and area of an electronic message center sign shall be that which is stipulated in Subseetion Section 18.780.130.5; SECTION V. STAFF ANALYSIS Currently electronic message centers are allowed only in the C-G and CBD commercial zones where schools are not a permitted use. Schools are allowed conditionally in all residential zones and the mixed use zones.The amendment limits electronic message center locations to schools and the busier streets in these zones. In TMC18.780.130.A&B?the area of signs allowed in residential zones is 32 sq. ft. for freestanding signs and 5 % of the gross wall area on which a wall sign is mounted. If it is freestanding, the sign may be six feet in height. The school may choose only one sign, and an electronic message center would be an option for the allowed wall or freestanding sign.The area and height limitations are different in the mixed use zones;however, almost all schools in Tigard are in residential zones. Schools in mixed use zones would comply with the limitations of TMC18.780.130 according to the specific zone in which they are located,provided they front an arterial street and the sign is at least 200 feet from a residential use. Restrictions on sign usage within the residential zones are an important aspect of promoting the peaceful enjoyment of a-neighborhood--Schools-are-typically found in residential neighborhoods to safely and-efficiently serve the community's children. The City needs to balance these two uses,and may do so through restrictions on place,size, and buffering. The proposed code amendment addresses the applicant's request by allowing an electronic message center for schools that front an arterial street. To ensure the public welfare and safety is protected, the sign's proximity to abutting properties with a residential use must be 200 feet or greater and the sign must be oriented to the arterial street Staff believes that the proposed amendment strikes the best balance of restriction while still meeting the needs of the schools. The potential negative impact by allowing electronic message centers at schools is that the sign would be more noticeable on dim days or at night. The intensity of light from a sign is addressed in Section 18.780.080.A and will not change with this amendment. DCA2009-00006 Planning Commission Staff Report 020110 Page 7 • . SECTION VI. ALTERNATIVES Requested Action—Allow electronic message centers on school sites fronting an.arterial street where the sign would be 200 feet or more from an abutting residential use and is oriented to the arterial street. Expected impact would be little to none, only that produced by the light from the sign which is regulated by TMC18.780.080.A. Alternate Actions—Allow electronic message centers on school sites limited by zones,limited by street type or ' not, limited by location on the property or not, or as recommended by the Commission. Expected impact could be complaints about an electronic message center and its lights from residents on streets with less traffic than arterial streets and/or the sign's light proximity to residential use. No Action -- The code would remain unchanged, and electronic message centers would continue to be prohibited in residential zones. Expected impact would be to initiate an enforcement action on one sign, in particular an EMC at Tigard High School. SECTION VII. CITY STAFF & OUTSIDE AGENCY COMMENTS. The.City of Tigard Police Department,Tualatin Valley Fire and Rescue, Oregon Department of Land Conservation and Development, City of Tigard Development Engineer, and Tualatin Valley Fire and Rescue were sent requests for comments and had no objections. Metro Land Use and Planning and Oregon Department of Transportation were sent requests for comments and did not respond. The City of'Tigard Assistant Community Development Director was sent a request for comments and those comments are incorporated in this report. SECTION VIII. PUBLIC COMMENTS Staff has received no comments from the public. / • +I�IJ 111 1/257/O PREPARED BY arrel" i. . Wa ins DATE • Assistant ' anner APPROVED BY: 'ick Bewersdo ff DATE Planning Maria: • DCA2009.00006 Planning Commission Staff Report 020110 Page 8 . • ATTACHMENT 3 -- - CITY OF TIGARD PLANNING COMMISSION Meeting Minutes February 1, 2010 DRAFT 1. CALL TO ORDER President Walsh called the meeting to order at 7:02 pm. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Present: Commissioners Anderson, Fishel, Gaschke, Hasman, Muldoon, Vermilyea, and Walsh. Alternate Commissioners Schmidt& Shavey Absent: Commissioner Doherty, Commissioner Caffall Staff Present: Ron Bunch, Community Development Director;Dick Bewersdorff, Planning Manager; Hap Watkins, Assistant Planner; Michael McCarthy, Streets &Transportation Sr. Project Engineer; Doreen Laughlin, Sr. Administrative Specialist 3. COMMUNICATIONS Commissioner Vermilyea gave a brief report on his involvement (as a Planning Commission representative)-on the Tigard Transportation Advisory Committee (11AC) which meets the first Wednesday of every month. He said since he's attended the past 3 months or so, they've had overviews of the existing Transportation System Plan, existing finance options, getting an understanding of what the financing mechanisms are as well as understanding state, regional, and local transportation plans. He noted that this is a standing committee and he'll continue to report as things go on. Commissioner Vermilyea also had attended the joint City of Lake Oswego/Planning Commission meeting. He gave a brief overview of that meeting. He noted there was not a lot of interaction at that meeting;it was more of a presentation. He said much of what they spoke about was not likely to be anything that Tigard would be dealing with for the next 15 years or so. 1:\LRPLN\Planning Commission\PC Packets for 2010\2-1-10\tpc minutes 2-1-10.doc Page 1 of 5 • 4. CONSIDER MEETING MINUTES 1-4-10 Meeting Minutes: President Walsh asked if there were any additions, deletions, or corrections to the minutes—there being none, Walsh then declared the minutes approved as submitted. 5.1 PUBLIC HEARING—ELECTRONIC MESSAGE CENTERS DCA2009=00003 STAFF REPORT Hap Watkins,Assistant Planner, briefly went over the staff report (staff reports are available one week before each scheduled meeting.) QUESTIONS FROM COMMISSIONERS OF STAFF I understand we currently have a school that's out of compliance with our existing sign regulation,is that correct? Yes, Tigard High School. Are there other schools on arterials — schools that could be affected? Yes, Durham Elementary, Tigard High School, St. Anthony School, Mitch Charter School,Westgate Baptist School, and the Muslim Educational Trust School. These could potentially be affected. So we're saying that we're going to allow a sign at a school site that is not less than 200' from a residential zone and it has to be on an arterial. Those are the two issues correct? Yes —200 feet from an abutting residential use. Explain to me what "abutting" is? For example,if the residential use is across the street—is that abutting? No. So the residential use could be less than 200' from the sign but if it is across the street from the sign—this wouldn't prevent the sign from going up? No, it wouldn't. The orientation of the sign would be perpendicular to the arterial so it would have less effect on the use across the right-of-way. Define an arterial. I take an arterial from our GIS overlay. It lists all the arterial streets. I don't have with me a definition of an arterial. It's the highest use street we have in Tigard. PUBLIC TESTIMONY—IN FAVOR: Barbara Fronczak, 19135 SW 52nd St., Tualatin, OR 97062,Vice Chair of St Anthony's School Advisory Council. She stated that she was there in support of this amendment. It would be used as a means of communication. Enrollment is down due to economy. This is good to get messages out to the residents of I:\LRPLN\Planning Commission\PC Packets for 2010\2-1-10\tpc minutes 2-1-10.doc Page 2 of 5 • • Tigard about the school and its benefits, and improve communication within the parent community to inform them of events and activities going on at the school. There were no questions of Ms. Fronczak. David Casias — 12199 SW Hollow Lane, Tigard, OR 97223 stated his support of the amendment of the code. He speaks as a parent of a St. Anthony student. He believes it would be a great asset to the school to be able to communicate to the school parents and the community in general. There were no questions of Mr. Casias. PUBLIC TESTIMONY— OPPOSED: None. PUBLIC TESTIMONY CLOSED DELIBERATIONS One of the commissioners had a question for staff regarding a school that he said is not on an arterial at this time. The question was to whether, as the City grows, perhaps more streets would be considered arterials. Is there any control as to where signs are placed? Is there any flexibility to dictate where a sign can go on a given piece of property? For example, the Fowler property— suppose the sign goes on the corner and shines in across the street to the residences that are right there. Any control over that? Nothing other than the 200 foot set-back for residential use. The schools that I visited(Beaverton,Aloha, and Lake Oswego)generally put these type boards central to the building because it's right there— everyone knows what the sign's for. None of them strayed from that. They were all basically central to the building- the midline of the building. The way it's written right now—it has to be oriented to the arterial street. It would be perpendicular to that street— shining both ways That's one limitation from across the right-of-way. Another question for staff: When you say school... would that include any place that has, say, just kindergartners? No. Preschools are identified in our land use code as `institutional daycare."To be qualified as a school,you have to teach grades 1-12. There were no further questions or deliberations and the following motion was made by Commissioner Anderson, seconded by Commissioner Muldoon. MOTION: "I move that we forward a recommendation of approval to the City Council to amend DCA 2009-00006 to allow electronic signs as stated in the staff report." The motion CARRIED on a recorded vote, the Commission voted as follows: I:\LRPLN\Planning Commission\PC Packets for 2010\2-1-10\tpc minutes 2-1-10.doc Page 3 of 5 • AYES: Commissioner Anderson, Commissioner Fishel, Commissioner Gaschke, Commissioner Hasman, Commissioner Muldoon, Commissioner Vermilyea, and Commissioner Walsh (7) NAYS: None (0) ABSTAINERS: None (0) ABSENT: Commissioner Doherty, Commissioner Caffall (2) 6. WORK SHOP— BRIEFING ON HWY 99/HALL/GREENBURG Mike McCarthy, Streets &.Transportation Sr. Project Engineer, gave an informal "gather `round the plans" type of briefing. He gave a general "5000 foot level" overview of the various projects. Some of these projects would include bus pull-outs, street trees, etc. He noted that much of the construction would be done during the nighttime so as to have the least impact on traffic. The commissioners voiced some concerns and some enthusiasm for the various ideas. McCarthy noted that the City would go to great lengths to ensure extensive public information would be given. Among other things, the City will use the City website, Facebook, &Twitter, to get the word out—to let people know when various activities will be happening. McCarthy will provide a miniature version of the plans for the record (Exhibit A). The following is a basic time-line (given after the meeting). February: Design Completion March: Bidding April: Contract Documents and Paperwork May: Construction Start Spring 2011: Construction Completion 7. OTHER BUSINESS Commissioner Vermilyea noted that at the last meeting there was a conversation with staff about providing the Planning Commission with a work plan based on the priorities that the Planning Commission had set for the last few years. His recollection is that Ron Bunch said that it would be between 12— 15 pages and he wondered where it is,because now it's February. If they're going to plan for the year, the year is moving on. He feels they've let their priorities slide for a couple of years now since they've finished the Comp Plan process. He'd like to focus on what they said they wanted to be working on. In addition, the consensus was that they would prefer it not be that long. They would like a one page bullet point list for 2010. They would like this to be put on the calendar for March 1st. They would like to go through the calendar and work on priorities on March 1st. Walsh added that he'd forgotten to mention that the Electronic Message Center amendment DCA2009-00006 would be going to Council on February 23rd. I:\LRPLN\Planning Commission\PC Packets for 2010\2-1-10\tpc minutes 2-1-10.doc Page 4 of 5 • • 8. ADJOURNMENT President Walsh adjourned the meeting at 8:00 pm. Doreen Laughlin,Planning Commission Secretary A I EST: President David Walsh I:\LRPLN\Planning Commission\PC Packets for 2010\2-1-10\tpc minutes 2-1-10.doc Page 5 of 5 • PUBLIC HEARING ITEM: The following will be considered by the Tigard II City Council on Tuesday February 23,2009= at 7:30 PM at the Tigard Civic Center-Town COMMUNITY�e Hall, 13125 SW Hall Blvd.,Tigard,Oregon. NEWSPAPERS TIGARD Public oral or written testimony is invited. The l v public hearing on this matter will be held under 6605 SE Lake Road,Portland,OR 97222 Title 18 and rules of procedure adopted by the PO Box 22109 Portland OR 97269-2109 Council and available at City Hall or the rules of pr cedure set; Phone:503-684-0360 Fax:503-620-3433 forth in Section 18.390.060E. E-mail: legals®commnewspapers.com Further information may be obtained from the City of Tigard Planning Division (staff contact: Darrel "Hap"Watkins) at AFFIDAVIT OF PUBLICATION 13125 SW Hall Blvd., Tigard, Oregon 97223, by calling 503- State of Oregon, County of Washington, SS 639-4171,or by e-mail to hap@tigard-or.gov. I, Charlotte Allsop, being the first duly sworn, DEVELOPMENT CODE AMENDMENT depose and say that I am the Accounting (DCA)2009-00006-ELECTRONIC MESSAGE CENTERS• Manager of The Times(serving Tigard, CODE AMENDMENT Tualatin & Sherwood), a newspaper of REQUEST: Amend the Development Code Section 18.780.090. general circulation, published at Beaverton, D.1.a&b to allow an electronic message center as the approved in the aforesaid county and state, as defined freestanding sign at a school fronting an arterial street where the by ORS 193.010 and 193.020, that sign is a minimum of 200 feet from an abutting residential use. LOCATION: Citywide. COMP PLAN DESIGNATION:} . Citywide. ZONES: Citywide. APPLICABLE REVIEW City of Tigard CRITERIA: Community Development.Code Chapter 18.380,• Notice of Public Hearing/DCA2009-00006 18.390, 18.510, and 18.780; Comprehensive Plan Policies 1, 2, Electronic Message Centers 6,7,and 12;Metro Urban Growth Management Plan Titles 1, 8,, TT11404 and 12;Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2,.10, and 11. The proposed� A copy of which is hereto annexed, was amendments are available for review on the City's Web site at .I http://www.tigard-or.gov/city halUdepartments/cd/code published in the entire issue of said amendment.asp. newspaper for Publish 02/04/2010. • T711404 week in the following issue: February 4, 2010 OW Charlotte Allsop (Accounting Man ger) . Subscribed and sworn to before me this February 4, 2010. OFFICIAL SEAL ROBIN A BURGESS ti NOTARY PUBLIC-OREGON Gw COMMISSION NO.437285 NOTARY PUBLIC FOR OR� MY COMMISSION EXPIRES MAY 16,2013 My commission expires Acct#10093001 Attn: Tim/Lehrbach/Patty Lunsford City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 - Size: 2 x 5 Amount Due $83.50* 'Please remit to address above. • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes February 1, 2010 1. CALL TO ORDER President Walsh called the meeting to order at 7:02 pm.The meeting was held in the Tigard Civic Center,Town Hall,at 13125 SW Hall Blvd. 2. ROLL CALL Present: Commissioners Anderson, Fishel, Gaschke, Hasman, Muldoon, Vermilyea, and Walsh. Alternate Commissioners Schmidt& Shavey Absent: Commissioner Doherty, Commissioner Caffall Staff Present: Ron Bunch, Community Development Director; Dick Bewersdorff, Planning Manager; Hap Watkins,Assistant Planner; Michael McCarthy, Streets &Transportation Sr. Project Engineer; Doreen Laughlin, Sr. Administrative Specialist 3. COMMUNICATIONS Commissioner Vermilyea gave a brief report on his involvement(as a Planning Commission representative) on the Tigard Transportation Advisory Committee (I°IAC) which meets the first Wednesday of every month. He said since he's attended the past 3 months or so, they've had overviews of the existing Transportation System Plan,existing finance options,getting an understanding of what the financing mechanisms are as well as understanding state,regional, and local transportation plans. He noted that this is a standing committee and he'll continue to report as things go on. Commissioner Vermilyea also had attended the joint City of Lake Oswego/Planning Commission meeting. He gave a brief overview of that meeting. He noted there was not a lot of interaction at that meeting;it was more of a presentation. He said much of what they spoke about was not likely to be anything that Tigard would be dealing with for the next 15 years or so. I:\LRPLN\Planning Commission\PC Packets for 2010\2-1-10\tpc minutes 2-1-10.doc Page 1 of 5 • • 4. CONSIDER MEETING MINUTES 1-4-10 Meeting Minutes: President Walsh asked if there were any additions, deletions, or corrections to the minutes— there being none,Walsh then declared the minutes approved as submitted. 5.1 PUBLIC HEARING—ELECTRONIC MESSAGE CENTERS DCA2009-00003 STAFF REPORT Hap Watkins,Assistant Planner, briefly went over the staff report (staff reports are available one week before each scheduled meeting.) QUESTIONS FROM COMMISSIONERS OF STAFF I understand we currently have a school that's out of compliance with our existing sign regulation,is that correct? Yes, Tigard High School. Are there other schools on arterials— schools that could be affected?Yes, Durham Elementary,Tigard High School, St. Anthony School,Mitch Charter School, Westgate Baptist School, and the Muslim Educational Trust School. These could potentially be affected. So we're saying that we're going to allow a sign at a school site that is not less than 200' from a residential'zone and it has to be on an arterial. Those are the two issues correct? Yes—200 feet from an abutting residential use. Explain to me what"abutting" is? For example, if the residential use is across the street—is that abutting? No. So the residential use could be less than 200' from the sign but if it is across the street from the sign—this wouldn't prevent the sign from going up? No, it wouldn't. The orientation of the sign would be perpendicular to the arterial so it would have less effect on the use across the right-of-way. Define an arterial. I take an arterial from our GIS overlay. It lists all the arterial streets. I don't have with me a definition of an arterial. It's the highest use street we have in Tigard. PUBLIC TESTIMONY—IN FAVOR: Barbara Fronczak, 19135 SW 52nd St.,Tualatin, OR 97062,Vice Chair of St Anthony's School Advisory Council. She stated that she was there in support of this amendment. It would be used as a means of communication. Enrollment is down due to economy. This is good to get messages out to the residents of I:\LRPLN\Planning Commission\PC Packets for 2010\2-1-10\tpc minutes 2-1-10.doc Page 2 of 5 • • Tigard about the school and its benefits, and improve communication within the parent community to inform them of events and activities going on at the school. There were no questions of Ms. Fronczak. David Casias — 12199 SW Hollow Lane, Tigard, OR 97223 stated his support of the amendment of the code. He speaks as a parent of a St. Anthony student. He believes it would be a great asset to the school to be able to communicate to the school parents and the community in general. There were no questions of Mr. Casias. PUBLIC TESTIMONY— OPPOSED: None. PUBLIC TESTIMONY CLOSED DELIBERATIONS One of the commissioners had a question for staff regarding a school that he said is not on an arterial at this time.The question was to whether, as the City grows, perhaps more streets would be considered arterials. Is there any control as to where signs are placed? Is there any flexibility to dictate where a sign can go on a given piece of property? For example, the Fowler property—suppose the sign goes on the corner and shines in across the street to the residences that are right there. Any control over that? Nothing other than the 200 foot set-back for residential use. The schools that I visited(Beaverton,Aloha, and Lake Oswego)generally put these type boards central to the building because it's right there— everyone knows what the sign's for. None of them strayed from that. They were all basically central to the building- the midline of the building. The way it's written right now—it has to be oriented to the arterial street. It would be perpendicular to that street— shining both ways. That's one limitation from across the right-of-way. Another question for staff: When you say school... would that include any place that has, say, just kindergartners? No. Preschools are identified in our land use code as "institutional daycare."To be quaffed as a school,you have to teach grades 1-12. There were no further questions or deliberations and the following motion was made by Commissioner Anderson, seconded by Commissioner Muldoon. MOTION: "I move that we forward a recommendation of approval to the City Council to amend DCA 2009-00006 to allow electronic signs as stated in the staff report." The motion CARRIED on a recorded vote, the Commission voted as follows: 1:\LRPLN\Planning Commission\PC Packets for 2010\2-1-10\tpc minutes 2-1-10.doc Page 3 of 5 • • AYES: Commissioner Anderson, Commissioner Fishel, Commissioner Gaschke, Commissioner Hasman, Commissioner Muldoon, Commissioner Vermilyea, and Commissioner Walsh (7) NAYS: None (0) ABSTAINERS: None (0) ABSENT: Commissioner Doherty, Commissioner Caffall (2) 6. WORK SHOP—BRIEFING ON HWY 99/HALL/GREENBURG Mike McCarthy, Streets &Transportation Sr. Project Engineer, gave an informal "gather `round the plans" type of briefing. He gave a general "5000 foot level" overview of the various projects. Some of these projects would include bus pull-outs, street trees, etc. He noted that much of the construction would be done during the nighttime so as to have the least impact on traffic. The commissioners voiced some concerns and some enthusiasm for the various ideas. McCarthy noted that the City would go to great lengths to ensure extensive public information would be given. Among other things, the City will use the City website, Facebook, &Twitter, to get the word out— to let people know when various activities will be happening. McCarthy will provide a miniature version of the plans for the record (Exhibit A). The following is a basic time-line (given after the meeting). February: Design Completion March: Bidding April: Contract Documents and Paperwork May: Construction Start Spring 2011: Construction Completion 7. OTHER BUSINESS Commissioner Vermilyea noted that at the last meeting there was a conversation with staff about providing the Planning Commission with a work plan based on the priorities that the Planning Commission had set for the last few years. His recollection is that Ron Bunch said that it would be between 12— 15 pages and he wondered where it is, because now it's February. If they're going to plan for the year, the year is moving on. He feels they've let their priorities slide for a couple of years now since they've finished the Comp Plan process. He'd like to focus on what they said they wanted to be working on. In addition,the consensus was that they would prefer it not be that long. They would like a one page bullet point list for 2010. They would like this to be put on the calendar for March 1st. They would like to go through the calendar and work on priorities on March 1st. Walsh added that he'd forgotten to mention that the Electronic Message Center amendment DCA2009-00006 would be going to Council on February 23rd. I:\LRPLN\Planning Commission\PC Packets for 2010\2-1-10\tpc minutes 2-1-10.doc Page 4 of 5 • • 8. ADJOURNMENT President Walsh adjourned the meeting at 8:00 pm. • • Doreen Laughlin,Planning C o Ati, 'ssion Secretary A ' ST: ►":ent)mid Wals I:\I.RPLN\Planning Commission\PC Packets for 2010\2-1-10\tpc minutes 2-1-10.doc Page 5 of 5 PLEASE SIGN IN HERE Tigard Planning Commission Agenda Item # S. 1 Page _L of� Date of Hearing 2 —1- 10 Case Number(s) -2,0ock .• OOOctz, Case Name E kGC.'t'c a' c. N e so c CgrYt-er 5 Location C I c a P` 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: G, �,� (; _ Name: Address: l C I � I.',) {Z Pt( Address: City, State, Zip: 1 Gtl rk1.r I f `b� c vio City, State, Zip: Name: c_v: A CF s ;h Name: Address: z f 61 s v 14-.i/o L. Address: City,State, Zip:—j ct. 1� ( 7 2-2- 3 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: 9 io ,, , .,.7": 7.'7 ;° y City of Tigard a m Plannin Commission — Agenda �r lc%\�ZDD g g MEETING DATE: February 1, 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—7:02 p.m. 4. CONSIDER MINUTES 7:05 p.m. 5. PUBLIC HEARING— 5.1 ELECTRONIC MESSAGE CENTERS DCA2009-00006 7:05 p.m. 6. WORK SHOP 7:45 p.m. BRIEFING ON HWY 99W/HALL/GREENBURG 7. OTHER BUSINESS 8:30 p.m. • 8. ADJOURNMENT 9:20 p.m. PLANNING COMMISSION AGENDA— FEBRUARY 1, 2010 City of Tigard I 13125 Shy/Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 1 • • Agenda Item: 6.1 Hearing Date: February 1.2010 STAFF REPORT TO THE V PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO ALLOW ELECTRONIC MESSAGE CENTER FOR SIGNS AT SCHOOLS FRONTING AN ARTERIAL STREET CASE NO.: Development Code Amendment(DCA) DCA2009-00006 PROPOSAL: The Community Development Director requests an amendment to the text of the Signs Chapter (18.780) of the City of Tigard Community Development Code to allow an electronic message center as the approved sign at a school fronting an arterial street where the sign is a minimum of 200 feet from an abutting residential use and is oriented to the arterial street. APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 APPLICANT'S City of Tigard REP.: 13125 SW Hall Boulevard Tigard, OR 97223 ZONE: Citywide LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.780; Comprehensive Plan Policies 1, 2, 6, 7, and 12; Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1,2, 10,and 11. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find in favor to amend the Sign Code regulations as proposed by the applicant, with any alterations as determined through the public hearing process and make a final recommendation to the Tigard City Council. DCA2009-00006 Planning Commission Staff Report 020110 Page 1 • • SECTION III. BACKGROUND INFORMATION The proposal is to amend the sign code to allow electronic message centers as an approved use for a sign at a school that fronts an arterial street. It is further proposed that the electronic message center sign be a minimum of 200 feet from an abutting residential use and oriented to the arterial street. Currently only zones C-G and CBD are allowed to have electronic message centers. Any future development of a school fronting an arterial street will be able to include this use if the proposed amendment is approved. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: ♦ The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; Forty-five day advance notice was provided to DLCD on December 11, 2009, 52 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the public hearing. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. Statewide Planning Goal 10—Housing This goal outlines provisions to insure state housing needs are met. The Tigard Development Code allows schools within residential zones as a conditional use, which is consistent with the Comprehensive Plan. The electronic message centers will only be allowed on school sites fronting an arterial street. To ensure minimal effect upon surrounding residential uses, the electronic message center is proposed to be a minimum of 200 feet from any abutting residential use and oriented to the arterial street. Statewide Planning Goal 11—Public Facilities and Services Goal 11 outlines the need to plan and develop an arrangement of public facilities and services which will serve as a framework for urban and rural development. Schools are considered part of a community's necessary service needs of public facilities. This code amendment only allows electronic message center on an approved school site fronting an arterial street. Allowing an electronic message center on the school site will enhance efficiency of the service needs by providing a sign easily read in dim light or arterial traffic. Such signs will also enhance obtaining school event messages without entering and exiting arterial streets.. DCA2009-00006 Planning Commission Staff Report 020110 Page 2 • • • • Any applicable Metro regulations; Metro Urban Growth Management Plan Title 1—Requirements for Housing and Employment Accommodation of this section of the Functional Plan facilitates efficient use of land within the Urban Growth Boundary (UGB). Each city and county has determined its capacity for providing housing and employment that serves as their baseline and if a city or county chooses to reduce capacity in one location, it must transfer that capacity to another location. Cities and counties must report changes in capacity annually to Metro. This amendment is only to allow the use of electronic message centers. These approved sites are commonly in residential zones, but are not for residential use. Therefore, this text amendment does not reduce the City's housing capacity. Title 8—Compliance Procedures This title ensures that all cities and counties in the region are fairly and equitably held to the same standards and that the Metro 2040 Growth Concept is implemented. It sets out compliance procedures and establishes a process for time extensions and exemptions to Metro Code requirements. This tide is not applicable. Title 12—Protection of Residential Neighborhood The purpose of this tide is to protect the region's existing residential neighborhoods from air and water pollution, noise and crime, and to provide adequate levels of public services. In particular the title addresses making public schools more accessible to neighborhood residents. Allowing electronic message centers on public and private school sites will enhance reading of the sign by making it easier to see in dim light or in arterial traffic. Metro Regional Framework Plan Policy 1.14 School and Local Government Plan and Policy Coordination 1.14.1 Coordinate plans among local governments, including cities, counties, special districts and school districts for adequate school facilities for already developed and urbanizing areas. 1.14.2 Consider school facilities to be "public facilities" in the review of city and county comprehensive plans for compliance with the Regional Framework Plan. Policy 8.3 Schools 8.3.7 Encourage local jurisdictions to prioritize development applications and streamline processes for public agencies, including schools, to ensure that public - needs are met without jeopardizing opportunities for citizen input or oversight for health and safety or environmental protection. 8.3.8 Encourage local jurisdictions to partner (including funding) with school districts to jointly use school sites for the public good (such as combined libraries, parks, connections with local services such as police, neighborhood centers, senior centers, etc.). DCA2009-00006 Planning Commission Staff Report 020110 Page 3 • • These policies have been addressed by the implementation strategies of the Tigard Comprehensive Plan. Allowing electronic message centers on school sites will not adversely affect coordination between local governments and the school districts to insure adequate school facilities are being provided. Currently, electronic message centers are not allowed in residential zones. Allowing electronic message centers as a permitted use enables the school facility to more effectively utilize a sign on land already owned by the school. • Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: General Policies The city shall ensure that: A. This comprehensive plan and all future legislative changes are consistent with the statewide planning goals adopted by the land conservation and development commission, the regional plan adopted by the metropolitan service district; B. Any neighborhood planning organization plans and implementation measures adopted by the City of Tigard after the effective date of this comprehensive plan are designed to be consistent with this plan; and C. The Tigard comprehensive plan and community development code are kept current with the needs of the community. In order to do this: 1. This plan shall be reviewed and updated at least every five years. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and the Regional Plan. Comprehensive Plan Policy 2.1.1, 2.1.2 and 2.1.3: Citizen Involvement 2.1.1 The city shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. 2.1.2 The opportunities for citizen involvement provided by the city shall be appropriate to the scale of the planning effort and shall involve abroad cross-section of the community: The citizen involvement teams shall be the primary means for carrying out the program; 2.1.3 The city shall ensure that information on land use planning issues is available in an understandable form for all interested citizens. This policy is satisfied because the notice was published in the Tigard Times of the Planning Commission public hearing and the City Council public hearing. Public input has been invited in the notice. Comprehensive Policy 6.6.1: Housing 6.6.1 The city shall require: A. Buffering between different types of land uses (for example between single family residential and multiple family residential, and residential and commercial uses, and residential and industrial uses) and the following factors shall be considered in determining the type and extent of the required buffer: 1. The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust or to provide a visual barrier; 2. The size of the buffer needed in terms of width and height to achieve the purpose; 3. The direction(s) from which buffering is needed; 4. The required density of the buffering; and DCA2009-00006 Planning Commission Staff Report 020110 Page 4 • • 5. Whether the viewer is stationary or mobile. Vol. Ii,policy 6-5 Policy 6.6.1 requires buffering between different types of land uses. The Tigard Development Code does not require a buffer between schools and residential homes, but does require increased setbacks around schools up to 30 feet. The proposed 200-foot setback from an abutting residential use and sign orientation in the direction of traffic on an arterial street are intended as buffers from neighboring uses. Comprehensive Policy 7.8.1: Public Facilities and Services 7.8.1 The city shall work closely with the school districts to ensure the maximum community use of[the] school facilities for Tigard residents through location criteria and the provisions of urban services. Schools are considered public facilities. The Comprehensive Plan states the City shall work closely with the school districts to ensure the maximum community use of the school facilities for Tigard residents through location criteria and the provisions of urban services. These location criteria mainly relate to new schools, but are addressed further below under Policy 12. The proposed code amendment will enhance community use of the facilities. Comprehensive Policy 12.4.1: Location Criteria 12.4.1 The city shall provide for the location of community facilities in a manner which accords with: A. The applicable policies in this plan; B. The location criteria applicable to the scale and standards of the use. Medium impact utilities and facilities A. Location criteria (1) access (a) there is direct access from the site to a collector street and traffic will not be routed through local neighborhood streets. (b) site access will not cause dangerous intersections or traffic congestion considering the roadway capacity, existing and projected traffic counts, speed limits and number of turning movements. (c) there is public transit within one-quarter mile of the site. (2) impact of the proposed change on adjacent lands Vol. Ii, policy 12-13 (a) it is compatible with surrounding uses, considering scale, character and use. (b) it will reinforce orderly and timely development. (c) associated lights and noise will not interfere with the activities and uses on surrounding properties. (d) large scale construction and parking lots can be buffered from the adjacent uses. (e) privacy of adjacent residential developments can be maintained. (f) the site layout can respond to existing community identity and street patterns. (g) buffering can screen the project from adjacent uses. (h) there is adequate area landscaping to filter the dust from the site area. (3) site characteristics (a) the land intended for development has an average site topography of less than a DCA2009-00006 Planning Commission Staff Report 020110 Page 5 • • 10% grade, or it can be demonstrated that through engineering techniques, all limitations to development and the provision of services can be mitigated. (note: this does not apply to parks.) (b) the site is of a size which can accommodate the present and future uses and is of a shape which allows for a site layout in a manner which maximizes user convenience and energy conservation. (c) the unique natural features, if any, can be incorporated into the design of the facilities or arrangement of land uses. This policy addresses location of community facilities in accordance with applicable policies of the Comprehensive Plan and with location standards related to the use. These standards are related to access, impact on adjacent lands, and site characteristics. The proposed code amendment should not impact these standards. As has been discussed previously in this report, impact on adjacent lands will be mitigated by setbacks and orientation of the sign face(s) toward the traffic on an arterial street. • Any applicable provision of the City's implementing ordinances. Code Section 18.380: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present 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. Code Section 18.390: This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Code Section 18.510: This chapter establishes procedures and criteria for development within residential zoning districts. The purpose of these regulations is: 1. Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development -- schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services -- at appropriate locations and at an appropriate scale. The proposed amendment includes provisions to ensure the continued protection of neighborhood livability by requiring that the electronic message center be located at least 200 feet from an abutting property with a residential use. The use is also restricted to school sites fronting an arterial street. Staff believes adding electronic message centers to the list of activities will not increase the impact on neighboring sites. Presently the code does not allow electronic message centers within a residential zone. DCA2009-00006 DEVELOPMENT CODE AMENDMENT ALLOWING AN ELECTRONIC MESSAGE CENTER FOR SCHOOLS FRONTING AN ARTERIAL STREET February 1, 2010 Explanation of Formatting These text amendments employ the following formatting: Stfilthfetigh - Text to be deleted 'Bold, Underline and Italic] — Text to be added DCA2009-00006 Planning Commission Staff Report 020110 Page 6 • • The applicant has proposed that an electronic message center be a permitted use for a school on an arterial street where the sign is no closer than 200 feet from an abutting residential use and is oriented to the arterial street. It is not the intent of the applicant to make electronic message centers a permitted use in all residential zones without limitation or to increase the number of signs allowed at a school. The sign size and number of signs allowed will be regulated by the applicable zone standards for signs. The accurate code language should be as follows: CHAPTER 18.780 SIGNS 18.780.090 Special Condition Signs D. Electronic message centers. 1. Electronic Message Center (variable message) sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones;= and at schools that front an arterial street where the sign is not less than 200 feet from an abutting residential use and is oriented to the arterial street. b. The maximum height and area of an electronic message center sign shall be that which is stipulated in Subsection Section 18.780.130.G; SECTION V. STAFF ANALYSIS Currently electronic message centers are allowed only in the C-G and CBD commercial zones where schools are not a permitted use. Schools are allowed conditionally in all residential zones and the mixed use zones. The amendment limits electronic message center locations to schools and the busier streets in these zones. In TMC18.780.130.A&B, the area of signs allowed in residential zones is 32 sq. ft. for freestanding signs and 5 % of the gross wall area on which a wall sign is mounted. If it is freestanding, the sign may be six feet in height. The school may choose only one sign, and an electronic message center would be an option for the allowed wall or freestanding sign. The area and height limitations are different in the mixed use zones; however, almost all schools in Tigard are in residential zones. Schools in mixed use zones would comply with the limitations of TMC18.780.130 according to the specific zone in which they are located, provided they front an arterial street and the sign is at least 200 feet from a residential use. Restrictions on sign usage within the residential zones are an important aspect of promoting the peaceful enjoyment of a neighborhood. Schools are typically found in residential neighborhoods to safely and efficiently serve the community's children. The City needs to balance these two uses, and may do so through restrictions on place, size, and buffering. The proposed code amendment addresses the applicant's request by allowing an electronic message center for schools that front an arterial street. To ensure the public welfare and safety is protected, the sign's proximity to abutting properties with a residential use must be 200 feet or greater and the sign must be oriented to the arterial street. Staff believes that the proposed amendment strikes the best balance of restriction while still meeting the needs of the schools. The potential negative impact by allowing electronic message centers at schools is that the sign would be more noticeable on dim days or at night. The intensity of light from a sign is addressed in Section 18.780.080.A and will not change with this amendment. DCA2009-00006 Planning Commission Staff Report 020110 Page 7 1 • • SECTION VI. ALTERNATIVES Requested Action —Allow electronic message centers on school sites fronting an arterial street where the sign would be 200 feet or more from an abutting residential use and is oriented to the arterial street. Expected impact would be little to none, only that produced by the light from the sign which is regulated by TMC 18.780.080.A. Alternate Actions —Allow electronic message centers on school sites limited by zones, limited by street type or not, limited by location on the property or not, or as recommended by the Commission. Expected impact could be complaints about an electronic message center and its lights from residents on streets with less traffic than arterial streets and/or the sign's light proximity to residential use. No Action — The code would remain unchanged, and electronic message centers would continue to be prohibited in residential zones. Expected impact would be to initiate an enforcement action on one sign, in particular an EMC at Tigard High School. SECTION VII. CITY STAFF & OUTSIDE AGENCY COMMENTS The City of Tigard Police Department,Tualatin Valley Fire and Rescue, Oregon Department of Land Conservation and Development, City of Tigard Development Engineer, and Tualatin Valley Fire and Rescue were sent requests for comments and had no objections. Metro Land Use and Planning and Oregon Department of Transportation were sent requests for comments and did not respond. The City of Tigard Assistant Community Development Director was sent a request for comments and those comments are incorporated in this report. SECTION VIII. PUBLIC COMMENTS Staff has received no comments from the public. Jill l Vilio PREPARED BY: arrel "Oa;• Watkins DATE Assistant ` anner •ll,, /c7 • APPROVED BY: Dick Bewersdo ff'T DATE Planning Manager DCA2009-00006 Planning Commission Staff Report 020110 Page 8 IP • ° City of Tigard T l G A R D Memorandum To: City of Tigard Planning Commission From: Hap Watkins, Assistant Planner Re: Development Code Amendment, DCA2009-00006 Date: 01/05/10 I would like to place the following Development Code Amendment on the Planning Commission agenda for February 1, 2010. DCA2009-00006 DEVELOPMENT CODE AMENDMENT ALLOWING AN ELECTRONIC MESSAGE CENTER FOR SCHOOLS FRONTING AN ARTERIAL STREET February 1,2010 Explanation of Formatting These text amendments employ the following formatting: Stfikethreugh - Text to be deleted (Bold, Underline and Italic( — Text to be added The applicant has proposed that an electronic message center be a permitted use for a school on an arterial street where the sign is no closer than 200 feet from an abutting residential use. It is not the intent of the applicant to make electronic message centers a permitted use in all residential zones without limitation or to increase the number of signs allowed at a school.The sign size and number of signs allowed will be regulated by the applicable zone standards for signs. The accurate code language should be as follows: CHAPTER 18.780 SIGNS 18.780.090 Special Condition Signs D. Electronic message centers. 1. Electronic Message Center (variable message) sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones;, and at schools that front an arterial street where the sign is not less than 200_feet from an abutting residential use and is oriented to the arterial street. b. The maximum height and area of an electronic message center sign shall be that which is stipulated in Subsection Section 18.780.130.G; • PLEASE POST ON THE CITY'S WEBSITE AT http://www.ticiard-or.gov/city hall/departments/cd/code amendment.asn PROPOSAL: DEVELOPMENT CODE AMENDMENT (DCA) 2009-00006 ELECTRONIC MESSAGE CENTERS A request to amend the Development Code Section 18.780.090.D.1.a & b to allow an electronic message center as the approved freestanding sign at a school fronting an arterial street where the sign is a minimum of 200 feet from an abutting residential use. • Click here to see the proposed changes Planning Commission: Monday, February 1, 2009, 7:00 PM HEARING DATES: City Council: Tuesday, February 23, 2009, 7:30 PM PLEASE POST ON THE CITY'S WEBSITE AT httD://www.tigard-or.gov/city hall/public notices/default.asp and http://www.tigard-or.gov/communitv/calendar/calendar.asp PUBLIC HEARING: Planning Commission • Monday, February 1, 2009, 7:00 PM • Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon 1. DEVELOPMENT CODE AMENDMENT(DCA) 2009-00006 ELECTRONIC MESSAGE CENTERS Planning Commission Agenda STAFF CONTACT: Hap Watkins 503-718-2440 PUBLIC HEARING: City Council Business Meeting • Monday, February 23, 2009, 7:00 PM • Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon 1. DEVELOPMENT CODE AMENDMENT (DCA) 2009-00006 ELECTRONIC MESSAGE CENTERS City Council Agenda STAFF CONTACT: Hap Watkins 503-718-2440 • • PLEASE PROVIDE A LINK TO THE APPLICATION SUMMARY BELOW FROM Click here to see the proposed code chances IN THE PROPOSAL DESCRIPTION ABOVE (pg. 1). FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2009-00006 FILE TITLE: ELECTRONIC MESSAGE CENTERS PROPOSED CODE Community Development Code Chapter 18.780 AMENDMENTS: City of Tigard APPLICANT: 13125 SW Hall Boulevard Tigard, OR 97223 A request to amend the Development Code Section 18.780.090.D.1.a & b to allow REQUEST: an electronic message center as the approved freestanding sign at a school fronting an arterial street where the sign is a minimum of 200 feet from an abutting residential use. LOCATION: Citywide ZONE: Citywide Community Development Code Chapter 18.380, 18.390, 18.510, and 18.780; APPLICABLE Comprehensive Plan Policies 1, 2, 6, 7, and 12; Metro Urban Growth Management REVIEW CRITERIA: Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, 10, and 11. STAFF CONTACT: Darrel "Hap" Watkins, Associate Planner hapCa tgard-or.gov or 503-718-2440 HEARING DATES: Planning Commission: Monday, February 1, 2009, 7:00 PM City Council: Tuesday, February 23, 2009, 7:30 PM • PROPOSED CODE AMENDMENTS DCA2009-00006 DEVELOPMENT CODE AMENDMENT ALLOWING AN ELECTRONIC MESSAGE CENTER FOR SCHOOLS FRONTING AN ARTERIAL STREET Explanation of Formatting These text amendments employ the following formatting: Sti4lethr-etigh - Text to be deleted [Bold, Underline and Italic] — Text to be added The applicant has proposed that an electronic message center be a permitted use for a school on an arterial street where the sign is no closer than 200 feet from an abutting residential use. It is not the intent of the applicant to make electronic message centers a permitted use in all residential zones without limitation or to increase the number of signs allowed at a school. The sign size and number of signs allowed will be regulated by the applicable zone standards for signs. The accurate code language should be as follows: CHAPTER 18.780 SIGNS 18.780.090 Special Condition Signs D. Electronic message centers. 1. Electronic Message Center (variable message) sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones;, and at schools that front an arterial street where the sign is not less than 200 feet from an abutting residential use. b. The maximum height and area of an electronic message center sign shall be that which is stipulated for freestanding signs in Subsection 18.780.130.€; FINALLY, PLEASE PROVIDE A LINK TO THE PROPOSED CODE AMENDMENTS LANGUAGE ABOVE FROM Community Development Code Chapter 18.780 IN THE APPLICATION SUMMARY ABOVE. • • lil lit'P:,iiil L� Cie tfOi t713i1i'.i M 1 DLCD Notice of CO P Amendment y. � 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 For DLCD Use Only Jurisdiction: City of Tigard Local file number: DCA2009-00006 Date First Evidentiary hearing: 2/1/2010 Date of Final Hearing: 2/23/2010 Is this a revision to a previously submitted proposal? ❑Yes No Date submitted: I I Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ® Land Use Regulation Amendment ❑ Zoning Map Amendment ❑ New Land Use Regulation ❑ Other: Briefly Summarize Proposal. Do not use technical terms. Do not write "See Attached" (limit of 500 characters): Amend the Development Code Section 18.780.090.D.1.a & b to allow an electronic message center as the approved freestanding sign at a school fronting an arterial street where the sign is a minimum of 200 feet from an abutting residential use. 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 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: Darrel "Hap" Watkins Phone: (503) 718-2440 Extension: Address: 13125 SW Hall Boulevard Fax Number: 503-718-2748 City: Tigard Zip: 97223- E-mail Address: hap @tigard-or.gov DLCD file No. SIJRVIITTAL REQUIREME '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 81/2 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 8-1/2x11 green paper- only. You may also call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email your request to mara.ulloa @state.or.us - ATTENTION: PLAN AMENDMENT SPECIALIST. http://www.lcd.state.or.us/LCD/forms.shtml Updated November 27,2006 • • DCA2009-00006 DEVELOPMENT CODE AMENDMENT ALLOWING AN ELECTRONIC MESSAGE CENTER FOR SCHOOLS FRONTING AN ARTERIAL STREET February 1,2010 ;Explanation of Formatting iThese text amendments employ the following formatting: leugk - Text to be deleted ![Bold,Underline and Italic] — Text to be added The applicant has proposed that an electronic message center be a permitted use for a school on an arterial street where the sign is no closer than 200 feet from an abutting residential use. It is not the intent of the applicant to make electronic message centers a permitted use in all residential zones without limitation or to increase the number of signs allowed at a school. The sign size and number of signs allowed will be regulated by the applicable zone standards for signs. The accurate code language should be as follows: CHAPTER 18.780 SIGNS 18.780.090 Special Condition Signs D. Electronic message centers. 1. Electronic Message Center (variable message) sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones;.and at schools that front an arterial street where the sign is not less than 200 feet from an abutting residential use. b. The maximum height and area of an electronic message center sign shall be that which is stipulated for freestanding signs in Subsection 18.780.130.6; U.J. Pos • • -TM CE RT I Attn: Tim/Planning 11.1 r- (Domestic RE: DCA2009-00006 ') Q' For delivery Electronic Reader Boards ED "Notice ofProposed Amendment" m e m ra Postage $ m 0.44 - 0% . \-1\ Certified Fee ! R i '� 2.80 4., O Return Receipt Fee S Postma • O (Endorsement Required) '2.^O , Here��dt �; Restricted Delivery Fee �� (Endorsement Required) °,� k!*..,' , 1-1 co Total Postage&Fees $ 15.54 S—ent�o - .. , • co I Sheet 0 hpt.No.; ATTN: PLAN AMENDMENT SPECIALIST CI or PO Box No. Oregon Dept.of Land Conservation&Development City;State,ZIP+4 635 Capital Street NE,Suite 150 i Salem,OR 97301-2540 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signatu item 4 if Restricted Delivery is desired. X ❑Agent I • Print your name and address on the reverse ■ ,ddressee j so that we can return the card to you. - Ilir ed b "tinted Name) C. Date of Delivery • Attach this card to the back of the mailpiece, ti or on the front if space permits. 1. 6■, ' ()-- a D. Is delivery address different from item 1? ❑Yes ! 1. Article Addressed to: If YES,enter delivery address below: ❑ No • ■ Oregon Dept.of Land Conservation ScDevelop re:a 635 C:pitai.Strect NE,Suite 130 3. Service Type Salem,OR`97301-2540 lrt Certified Mail ❑Express Mail - - ❑Registered ❑Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. , 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number — — ----- (Transfer f r o m s e r v i c e labe0 1 7 0 2 8 2 810 0001 3 8 31 8972. PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 • • DCA2009-00006 DEVELOPMENT CODE AMENDMENT ALLOWING AN ELECTRONIC MESSAGE CENTER FOR SCHOOLS FRONTING AN ARTERIAL STREET February 1, 2010 ;Explanation of Formatting ;These text amendments employ the following formatting: Sew - Text to be deleted [Bold, Underline and Italic] — Text to be added The applicant has proposed that an electronic message center be a permitted use for a school on an arterial street where the sign is no closer than 200 feet from an abutting residential use. It is not the intent of the applicant to make electronic message centers a permitted use in all residential zones without limitation or to increase the number of signs allowed at a school. The sign size and number of signs allowed will be regulated by the applicable zone standards for signs. The accurate code language should be as follows: CHAPTER 18.780 SIGNS 18.780.090 Special Condition Signs D. Electronic message centers. 1. Electronic Message Center (variable message) sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones;,and at schools that front an arterial street where the sign is not less than 200 feet from an abutting residential use. b. The maximum height and area of an electronic message center sign shall be that which is stipulated for freestanding signs in Subsection 18.780.130.6; PEQUEsT FdR CQMM€AITS Hap Watkins • • From: Donnelly, Jennifer pennifer.donnelly @state.or.us] Sent: Tuesday, December 22, 2009 8:18 AM To: Hap Watkins Subject: DCA2009-00006 Thank you for the opportunity to review the City of Tigard's development Code Amendment. The department has reviewed the proposal and we have no objections to it. Regards, Jennifer Jennifer Donnelly I Metro Regional Representative Oregon Department of Land Conservation and Development 800 NE Oregon Street, Suite 1145 I Portland, OR 97232 Office: (971) 673-0963 I Cell: (971) 239-9451 I Fax: (971) 673-0922 jennifer.donnelly(astate.or.us I www.oregon.gov/LCD 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 • • • 0 Tualatin Valley Fire & Rescue December 17, 2009 Hap Watkins, Assistant Planner City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 Re: Electronic Reader Boards (DCA) 2009-00006 Dear Hap, The fire district has no comments or conditions regarding this Development Code Amendment. If there is anything about this letter you do not understand, disagree with, or wish to discuss further, please call me. Sincerely, 3f. Dalt" John K. Dalby, Deputy Fire Marshal II Tualatin Valley Fire & Rescue, North Division 14480 SW Jenkins Road Beaverton, OR 97005-1152 (503) 356-4723 • North Division Office 14480 SW Jenkins Road, Beaverton,OR 97005 Phone: 503-356-4700 Fax:503-644-2214 www.tvfr.com v • City of Tigard T I G A R D REQUEST FOR COMMENTS DATE: December 7, 2009 TO: Susan Hartnett,Assistant CD Director FROM: City of Tigard Planning Division STAFF CONTACT: Darrel"Hap"Watkins,Assistant Planner Phone: (503) 718-2440 Fax: (503) 718-2748 Email: hap(itigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2009-00006 - ELECRONIC READER BOARDS - REQUEST: Amend the Development Code Section 18.780.090.D.1.a & b to allow an electronic message center as the approved freestanding sign at a school fronting an arterial street where the sign is a minimum of 200 feet from an abutting residential use. LOCATION: Citywide. COMP PLAN DESIGNATION: Citywide. ZONES: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.380, 18.390, 18.510, and 18.780; Comprehensive Plan Policies 1, 2, 6, 7, and 12; Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3;and Statewide Planning Goals 1, 2, 10,and 11. 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: Monday, December 21, 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. 1/ Written comments provided below: J°s - tl 1-5 no Guy/l 1‘ i/e r► A-7j_ okr- Name&Number of Person Commenting. • • DCA2009-00006 DEVELOPMENT CODE AMENDMENT ALLOWING AN ELECTRONIC MESSAGE CENTER FOR SCHOOLS FRONTING AN ARTERIAL STREET February 1, 2010 Explanation of Formatting These text amendments employ the following formatting: These - Text to be deleted '(Bold, Underline and Italic] - Text to be added The applicant has proposed that an electronic message center be a permitted use for a school on an arterial street where the sign is no closer than 200 feet from an abutting residential use. It is not the intent of the applicant to make electronic message centers a permitted use in all residential zones without limitation or to increase the number of signs allowed at a school. The sign size and number of signs allowed will be regulated by the applicable zone standards for signs. The accurate code language should be as follows: CHAPTER 18.780 SIGNS 18.780.090 Special Condition Signs D. Electronic message centers. 1. Electronic Message Center (variable message) sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones.and at schools that front an arterial street where the si_• - -than-200-feet from an abutting residential use.\ b. The maximum height and area of an electron,i me sage cente' sign shall be that which is stipulated for freestanding signs ubsec on 18.7:1.130.G; �s loci /o.,1%- 5 ( Zh1 j �.E-Q1 w � &I"d_ a4- /fca 2©o r� t a kwerfr . 1a • • 111 City of Tigard T I G A R D REQUEST FOR COMMENTS DALE: December 7.2009 TO: Gus Duenas,Development Engineer FROM: City of Tigard Planning Division STAFF CONTACT: Darrel"Hap"Watkins.Assistant Planner Phone: (503) 718-2440 Fax: (503) 718-2748 Email: hapa,tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2009-00006 • - ELECRONIC READER BOARDS - REQUEST: Amend the Development Code Section 18.780.090.D.1.a & b to allow an electronic message center as the approved freestanding sign at a school fronting an arterial street where the sign is a minimum of 200 feet from an abutting residential use. LOCATION: Citywide. COMP PLAN DESIGNATION: Citywide. ZONES: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.380, 18.390, 18.510, and 18.780; Comprehensive Plan Policies 1, 2, 6, 7, and 12; Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3;and Statewide Planning Goals 1,2, 10,and 11. 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: Monday, December 21, 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: VWe have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting toc.44-vx p , Do¢_.-L e_s 24_70 0 IP City of Tigard T I G A R D REQUEST FOR COMMENTS DATE: December 7,2009 TO: Jim Wolf,Tigard Police Department Crime Prevention Officer FROM: City of Tigard Planning Division STAFF CONTACT: Darrel"Hap"Watkins,Assistant Planner Phone: (503) 718-2440 Fax: (503) 718-2748 Email: hapatigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2009-00006 - ELECRONIC READER BOARDS - REQUEST: Amend the Development Code Section 18.780.090.D.1.a & b to allow an electronic message center as the approved freestanding sign at a school fronting an arterial street where the sign is a minimum of 200 feet from an abutting residential use. LOCATION: Citywide. COMP PLAN DESIGNATION: Citywide. ZONES: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.380, 18.390, 18.510, and 18.780; Comprehensive Plan Policies 1, 2, 6, 7, and 12; Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3;and Statewide Planning Goals 1,2, 10,and 11. 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: Monday, December 21, 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. PL EASE CHECK THE FOLLOWING ITEMS THAT APPLY: / V 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 of M WG‘c I, Z N . • City of Tigard •TIGARD REQUEST FOR COMMENTS DATE: December 7,2009 TO: Planning-Engineering Techs/Community Development Department FROM: City of Tigard Planning Division STAFF CONTACT: Darrel"Hap"Watkins,Assistant Planner Phone: (503) 718-2440 Fax: (503) 718-2748 Email: hap@tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2009-00006 rELECRONIC-READER BOARDS - REQUEST: Amend the Development Code Section 18.780.090.D.1.a & b to allow an electronic message center as the approved freestanding sign/at a school fronting an arterial street where the sign is a minimum of 200 feet from an abutting residential use. LOCATION: Citywide. COMP PLAN DESIGNATION: Citywide. ZONES: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.380, 18.390, 18.510, and 18.780; Comprehensive Plan Policies 1, 2, 6, 7, and 12;Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3;and Statewide Planning Goals 1, 2, 10,and 11. 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: Monday, December 21, 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: \.'\ a i e_c,1--ro in c• M t_S S C 2n -�2,►� Name&Number of Person Commenting: .k{/ 1—"Ri X -C 2 I S ki r X 2`(S) 111 • 40 City of Tigard TIGARD REQUEST FOR COMMENTS DATE: December 7,2009 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Darrel"Hap"Watkins,Assistant Planner Phone: (503) 718-2440 Fax: (503) 718-2748 Email: hap0,tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2009-00006 - ELECRONIC READER BOARDS - REQUEST: Amend the Development Code Section 18.780.090.D.1.a & b to allow an electronic message center as the approved freestanding sign at a school fronting an arterial street where the sign is a minimum of 200 feet from an abutting residential use. LOCATION: Citywide. COMP PLAN DESIGNATION: Citywide. ZONES: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.380, 18.390, 18.510, and 18.780; Comprehensive Plan Policies 1, 2, 6, 7, and 12; Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3;and Statewide Planning Goals 1, 2, 10,and 11. 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: Monday, December 21, 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. 1111--11 CITY OF TIGARD REQUEST FO• COMMENTS NOTIFICWO Q N LIST FOR LAND USE & COMMUNITY1 - • LOPMENT APPLICATIO S ,� J FILE NOS.: C ao-m Olo FILE N' ME:// / �j ,0L2 .7 &i,9Ul/ CITY OFFICES / ./ *-- nifitle , ,,,, v5 ,�,,s,4 rCC.D.ADMINISTRATION/Ron Bunch,CD Director ,DEVELOPMENT SERVICES/Gus Duenas,Development Engineer _PUBLIC WORKS/Brian Rager,Assistant PW Director .D.ADMINISTRATION/Susan Hartnett,Asst.CD Director _DEVELOPMENT SERVICES/Todd Prager,Assoc.Planner/Arborist _PUBLIC WORKS/Steve Martin,Parks Manager CITY ADMINISTRATION/Cathy Wheatley,City Recorder BUILDING DIVISION/Mark Vandomelen,Building Official _HEARINGS OFFICER(+2 sets) DEVELOPMENT SERVICES/Planning-Engineering Techs. POLICE DEPARTMENT/Jim Wolf,Crime Prevention Officer i _PLANNING COMMISSION(+11 sets) LONG RANGE PLANNING/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 1t _ 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 a,cws Letter Only) _ Mel Huie,Greenspaces Coordinator(CPA/Z0A) Mara Ulloa(Comp.Plan Amendments&Measure 37) Routing CENWP-OP-G —CITY OF KING CITY* _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager C.D.Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue '0.Gerald Uba,Ph.D.,Planning&Devlpmnt(CPA/DCA/ZON) - King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(PowedinesinArea) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue — 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) Z Development Review Coordinator _Doria Mateja(ZCA)Ms 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacations) _Sr.Cartographer(r.PazcA)MS,4 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,Surveyor(ZCA)MS 15 Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _OR.PARKS&REC.DEPT. _WA.CO.CONSOL.COMM.AGNCY A,ODOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(wcccA)"911"(Monopoi.rov.r.) Chad Gordon,Assistant District Manager (Notify if ODOT RJR-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,Sr.Crossing Safety Specialist (Notify if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13`'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 Northem/Santa Fe RJR Predecessor) Bruce Carswell,President&General Manager 1200 Howard Drive SE Albany,OR 97322-3336 • —SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Gerald Backhaus(Sea Map lm Are.comas) (If Project is Within%Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 _PORTLAND GENERAL ELECTRIC —NW NATURAL GAS COMPANY _VERIZON _QWEST COMMUNICATIONS 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 fa AreaCon)ase Brian Every(Apps EofeawN.ofssw) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg.12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h:\patty\masters\Request For Comments Notification List.doc (UPDATED: 30-Sep-09) (Also update:is\curpin\setup\labels\annexations\annexation_utilities and franchises.doc,mailing labels&auto text when updating this documet PtnJNiJ& SEcREt Ry 1447!R14L5 0 • . a, IR AFFIDAVIT OF MAILING I . ' . `lrlC LARD 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: +Qk B.44 Mow) © NOTICE OF FINAL ORDER FOR DCA2009-00006/ELECTRONIC MESSAGE CENTERS (File No/Name Reference) ❑ AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ® 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 deposite• in ,e United States Mail on March 1,2010,postage prepaid. . i 0 t2-7Z i (Person that Prepare. lotrce) P , STATE OF OREGON County of Washington ss. City of Tigard S - Subscribed and sworn/affirmed before me on the L day of Wee-41 ,2010. O ,i''T OFFICIAL SEAL 1 ^c+.-� . SHIRLEY L TREAT J NOTARY PUBLIC-OREGON 1 �,'1 COMMISSION NO.416777 dh l MY COMMISSION EXPIRES APRIL 25,2011 N ARY PUB C OF OREGON My Commission Expires: 120 DAYS =N/A • DATE OF FILING: 2/26/2010 DATE MAILED: 3/1/2010 EXHIBIT CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT (DCA) 2009-00006 Case Name: ELECTRONIC MESSAGE CENTERS 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. 10-04). 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 FEBRUARY 1, 2010 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL THE 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 > Community Development Code amendment to Chapter 18.780 (Signs) to allow an electronic message center as the approved sign at a school fronting an arterial street where the sign is a minimum of 200 feet from an abutting residential use and is oriented to the arterial street. At the February 23, 2010 City Council meeting, the Council unanimously approved this amendment. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.380, 18.390, 18.510, and 18.780; Comprehensive Plan Policies 1, 2, 6, 7, and 12; Metro Urban Growth Management Plan Titles 1, 8, and 12;Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, 10, and 11. Action: > ® Approval as Requested ❑ Approval with Conditions (l 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. 10-0,..1 AN ORDINANCE ADOPTING AN AMENDMENT TO THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.780 (DEVELOPMENT CODE AMENDMENT-DCA2009- 00006) WHEREAS,the City has proposed amendments to the Tigard Municipal Code Title 18;and WHEREAS,the Tigard Planning Commission held a public hearing,which was noticed in accordance with City standards, on February 1, 2010, and recommended approval of the proposed DCA2009-00006 by motion and with unanimous vote;and WHEREAS, on February 23, 2010, the Tigard City Council held a public hearing which was noticed in accordance with City standards, to consider the Planning Commission's recommendation on DCA2009-00006; and WHEREAS, on February 23, 2010, the Tigard City Council adopted DCA2009-00006 by motion pursuant to the public hearing and its deliberations;and • WHEREAS, Council's decision to adopt DCA2009-00006 is based on the findings and conclusions found in the City of Tigard Staff Report to the Planning Commission dated January 8, 2010, and the associated record, which are incorporated herein by reference and are contained in land-use file DCA2009-00006;and WHEREAS, the Tigard City Council has determined that the proposed Development Code Amendments are consistent with the applicable Review Criteria,and that approving the amendments would be in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Municipal Code Title 18 is amended as shown in"EXHIBIT A". SECTION 2: The findings in the January 8, 2010 Staff Report to the Planning Commission, Minutes of the February 1, 2010 Planning Commission hearing, and the Minutes of the February 23, 2010 Council hearing 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. • ORDINANCE No. 10- D./ • Page 1 S PASSED: By `r1 :4MOU$ vote of all Council members present after being read by number and title only,this,;:21-3-day of _P- ,2010. ath-h- 1. 1/010 Catherine Wheatley,City Record APPROVED: By Tigard City Council this. 3day of 7,41 a0.-ilit,Vii/ 2010 A Craig Dir en,Mayor Approved as to form: City Attom 7A5//O Date ORDINANCE No. 10- Page 2 S S EXHIBIT "A" AMENDMENTS TO THE TIGARD DEVELOPMENT CODE (TITLE 18) AS PROPOSED IN LAND USE CASE DCA2009-00006 (Bold and underline text indicates proposed new language and strike-through indicates language proposed to be deleted.) CHAPTER 18.780 SIGNS 18.780.090 Special Condition Signs D. Electronic message centers. 1. Electronic Message Center (variable message) sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones; . and at schools that front an arterial street where the sign is not less than 200 feet from an abutting residential use and is oriented to the arterial street. b. The maximum height and area of an electronic message center sign shall be that which is stipulated in Subsection Section 18.780.130.6; INP • ATTACHMENT 2 Agenda Item: 5.1 Hearing Date: February 1,2010 STAFF REPORT TO THE e • PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON 1GcA NARL SECTION I. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO ALLOW ELECTRONIC MESSAGE CENTER FOR SIGNS AT SCHOOLS FRONTING AN ARTERIAL STREET CASE NO.: Development Code Amendment(DCA) DCA2009-00006 PROPOSAL: The Community Development Director requests an amendment to the text of the Signs Chapter (18.780) of the City of Tigard Community Development Code to allow an electronic message center as the approved sign at a school fronting an arterial street where the sign is a minimum.of 200 feet from an abutting residential use and is oriented to the arterial street. APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 APPLICANT'S City of Tigard REP.: 13125 SW Hall Boulevard Tigard,OR 97223 ZONE: Citywide LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.780; Comprehensive Plan Policies 1, 2, 6, 7, and 12; Metro Urban Growth Management Plan Titles 1, 8, and.12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1,2, 10,and 11. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find in favor to amend the Sign Code regulations as proposed by the applicant, with any alterations as determined through the public hearing process and make a final recommendation to the Tigard City Council. DCA2009-00006 Planning Commission Staff Report 020110 Page 1 • SECTION III. BACKGROUND INFORMATION The proposal is to amend the sign code to allow electronic message centers as an approved use for a sign at a school that fronts an arterial street.It is further proposed that the electronic message center sign be a minimum of 200 feet from an abutting residential use and oriented to the arterial street. Currently only zones C-G and CBD are allowed to have electronic message centers. Any future development of a school fronting an arterial street will be able to include this use if the proposed amendment is approved. • SECTION W. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: ♦ The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; Forty-five day advance notice was provided to DLCD on December 11; 2009, 52 days prior to the first scheduled public hearing as required.In addition,the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the public hearing. • Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. • Statewide Planning Goal 10 —Housing This goal outlines provisions to insure state housing needs are met. The Tigard Development Code allows schools within residential zones as a conditional use, which is consistent with the Comprehensive Plan. The electronic message centers will only be allowed on school sites fronting an arterial street. To ensure minimal effect upon surrounding residential uses, the electronic message center is proposed to be a minimum of 200 feet from any abutting residential use and oriented to the arterial street. • Statewide Planning Goal 11—Public Facilities and Services Goal 11 outlines the need to plan and develop an arrangement of public facilities and services which will serve as a'framework for urban and rural development. Schools are considered part of a community's necessary service needs of public facilities. This code amendment only allows electronic message center on an approved school site fronting an arterial street. Allowing an electronic message center on the school site will enhance efficiency of the service needs by providing a sign easily read in dim light or arterial traffic. Such signs will also enhance obtaining school event messages without entering and exiting arterial streets.. DCA2009-00006 Planning Commission Staff Report 020110 Page 2 • • S • Any applicable Metro regulations; Metro Urban Growth Management Plan Title 1—Requirements for Housing and Employment Accommodation of this section of the Functional Plan facilitates efficient use of land within the Urban Growth Boundary (UGB). Each city and county has determined its capacity for providing housing and employment that serves as their baseline and if a city or county chooses to reduce capacity in one location, it must transfer that capacity to another location. Cities and counties must report changes in capacity annually to Metro. This amendment is only to allow the use of electronic message centers. These approved sites are commonly in residential zones, but are not for residential use. Therefore, this text amendment does not reduce the City's housing capacity. Title 8—Compliance Procedures This title ensures that all cities and counties in the region are fairly and equitably held to the same standards and that the Metro 2040 Growth Concept is implemented. It sets out compliance procedures and establishes a process for time extensions and exemptions to Metro Code requirements. This title is not applicable. Title 12—Protection of Residential Neighborhood The purpose of this title is to protect the region's existing residential neighborhoods from air and water pollution, noise and crime, and to provide adequate levels of public services. In particular the title addresses making public schools more accessible to neighborhood residents. Allowing electronic message centers on public and private school sites will enhance reading of the sign by making it easier to see in dim light or in arterial traffic. Metro Regional Framework Plan Policy 1.14 School and Local Government Plan and Policy Coordination 1.14.1 Coordinate plans among local governments,including cities,counties, special districts and school districts for adequate school facilities for already developed and urbanizing areas. 1,14.2 Consider school facilities to be "public facilities" in the review of city and county comprehensive plans for compliance with the Regional Framework Plan. Policy 8.3 Schools 8.3.7 Encourage local jurisdictions to prioritize development applications and streamline processes for public agencies,including schools, to ensure that public • needs are met without jeopardizing opportunities for.citizen input or oversight for health and safety or environmental protection. 8,3.8 Encourage local jurisdictions to partner(including funding)with school districts to jointly use school sites for the public good(such as combined libraries, parks, connections with local services such as police,neighborhood centers,senior centers,etc.). • DCA2009-00006 Planning Commission Staff Report 020110 Page 3 • S These policies have been addressed by the implementation strategies of the Tigard Comprehensive Plan. Allowing electronic message centers on school sites will not adversely affect coordination between local governments and the school districts to insure adequate school facilities are being provided. Currently, electronic message centers are not allowed in residential zones. Allowing electronic message centers as a permitted use enables the school facility to more effectively utilize a sign on land already owned by the school. ® Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: General Policies The city shall ensure that: A. This comprehensive plan and all future legislative changes are consistent with the statewide planning goals adopted by the land conservation and development • commission,the regional plan adopted by the metropolitan service district; B. Any neighborhood planning organization plans and implementation measures adopted by the City of Tigard after the effective date of this comprehensive plan are designed to be consistent with this plan;.and C. The Tigard comprehensive plan and community development code are kept current with the needs of the community.In order to do this: 1. This plan shall be reviewed and updated at least every five years. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and the Regional Plan. Comprehensive Plan Policy 2.1.1,2.1.2 and 2.1.3: Citizen Involvement 2.1.1 The city shall maintain an ongoing citizen involvement program and shall assure that - citizens will be provided an opportunity to be involved in all phases of the planning process. 2.1.2 The opportunities for citizen involvement provided by the city shall be appropriate to the scale of the planning effort and shall involve abroad cross-section of the community: The citizen involvement teams shall be the primary means for carrying out the program; 2.1.3-The city shall ensure that information on land use planning issues.is available in an understandable form for all interested citizens. This policy is satisfied because the notice was published in the Tigard Times of the Planning Commission public hearing and the City Council public hearing. Public input has been invited in the notice. Comprehensive Policy 6.6.1: Housing 6.6.1 The city shall require: A. Buffering between different types of land uses (for example between single family residential and multiple family residential, and residential and commercial uses, and residential and industrial uses)and the following factors shall be considered in determining the type and extent of the required buffer; 1.The purpose of the buffer, for example to decrease noise levels,absorb air pollution, filter dust or to provide a visual barrier; 2.The size of the buffet needed in terms of width and height to achieve the purpose; 3.The direction(s) from which buffering is needed; 4.The required density of the buffering; and DCA2009-00006 Planning Commission Staff Report 020110 Page 4 411 • 5.Whether the viewer is stationary or mobile.Vol. Ii,policy 6-5 • Policy 6.6.1 requires buffering between different types of land uses. The Tigard Development Code does not require a buffet between schools and residential homes, but does require increased setbacks around schools up to 30 feet. The proposed 200-foot setback from an abutting residential use and sign orientation in the direction of traffic on an arterial street are intended as buffers from neighboring uses. Comprehensive Policy 7.8.1: Public Facilities and Services 7.8.1 The city shall work closely with the school districts to ensure the maximum community use of[the] school facilities for Tigard residents through location criteria and the provisions of urban services. Schools are considered public facilities. The Comprehensive Plan states the City shall work closely with the school districts to ensure the maximum community use of the school facilities for Tigard residents through location criteria and the provisions of urban services. These location criteria mainly relate to new schools, but are addressed further below under Policy 12. The proposed code amendment will enhance community use of the facilities. Comprehensive Policy 12.4.1: Location Criteria 12.4.1 The city shall provide for the location of community facilities in a manner which accords with: A. The applicable policies in this plan; B.The location criteria applicable to the scale and standards of the use. Medium impact utilities and facilities • A.Location criteria (1) access (a) there is direct access from the site to a collector street and traffic will not be routed through local neighborhood streets. (b) site access will not cause dangerous intersections or traffic congestion considering the roadway capacity, existing and projected traffic counts,speed limits and number of turning movements. (c) there is public transit within one-quarter mile of the site. (2) impact of the proposed change on adjacent lands Vol. Ii,policy 12-13 (a) it is compatible with surrounding uses,considering scale,character and use. (b) it will reinforce orderly and timely development. (c) associated lights and noise will not interfere with the activities and uses on surrounding properties. (d)large scale construction and parking lots can be buffered from the adjacent uses. (e)privacy of adjacent residential developments can be maintained. (1)the site layout can respond to existing community identity and street patterns. (g) buffering can screen the project from adjacent uses. (h) there is adequate area landscaping to filter the dust from the site area. (3) site characteristics (a) the land intended for development has an average site topography of less than a DCA2009-00006 Planning Commission Staff Report 020110 Page 5 . . . . e li 10%grade, or it can be demonstrated that through engineering techniques, all limitations to development and the provision of services can be mitigated. (note: this does not apply to parks.) (b) the site is of a size which can accommodate the present and future uses and is of a shape which allows for a site layout in a manner which maximizes user convenience and energy conservation. (c) the unique natural features,if any,can be incorporated into the design of the facilities or arrangement of land uses. This policy addresses location of community facilities in accordance with applicable policies of the Comprehensive Plan and with location standards related to the use. These standards are related to access, impact on adjacent lands, and site characteristics. The proposed code amendment should not impact these standards. As has been discussed previously in this report, impact on adjacent lands will be mitigated by setbacks and orientation of the sign face(s) toward the traffic on an atterial street. • Any applicable provision of the City's implementing ordinances. - Code Section 18.380: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present 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. Code Section 18.390: This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Code Section 18.510: This chapter establishes procedures and criteria for development within residential zoning districts. The purpose of these regulations is: 1. Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development -- schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services---at appropriate locations-and at an appropriate scale. The proposed amendment includes provisions to ensure the continued protection of neighborhood livability by requiring that the electronic message center be located at least 200 feet from an abutting property with a residential use: The use is also restricted to school sites fronting an arterial street. Staff believes adding electronic message centers to the list.of activities will not increase the impact on neighboring sites. Presently the code does not allow electronic message centers within a residential zone. • ktti',S'frti!uw~�a tti-j1.7iM�i�r?£� ..Sr ,;7k �l� � ifi'°'t:. 1 , 'C ''a `� ' ,�+J'.y Y '. K•i��• Q' u ., ' <�ti'r✓t , ,,« }� ,.if y; , �,, - r 6-to 0 I I Ill , e �, ''r a c •. ..chiiii111c e l b;:,4Q(l eCr� o)art''ae)' . 17�',t , I3. .'�.:��i? A `�VVVA raf ; ; tr;�0'�c� a. V' i5 `t._I% _ . J„ .ti V ti: ti7,fliar1.' '-' gc vy ;( j �y at . 9 el'e ;t. !�,�ii .y -1- • �w , t y ,i .4,,'' 'O -)t i s �� 1.l;,E {'��1.1 w -` �'",. i, K��3. e. :! E't �.' I.f'•5 ',.}. 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'l i.. �� 4•:••_w�`....�r L„... }�,:so.,`}„„ ,- a.�•�`ssi iv--.,1 �'�qla l ev`l,,`'7 r.:i0, +�,. ti �c ,, ;.,--,. lz,•?e,0 _, ,RNr.: �.,.. .3't: ,y,:iii:, ,di. 1 ?3” > tz� � f �t �i ti ` i� r�' Ft� , ��C �'.�� . f `f. . jQ.tj.C�hitlit�l� ijiXi l�s� �_C§ Lt��,� �� }� a �l'� �e`tor�O'�'r �Q'2 �y +;$ �, e�. ,,; �,, . �� .;� � •' t -4 , 7.." :.,5.,74,.�''".' "vi'''.e--:-W-.--c41 cs, •.r: t 4:t?:•t i��'t, :f' jj ''!••• V '✓�` ,-{,��.•:,,t S.•ry +_{'1.?'s•J- i ! .'c...yti ri.S'ai` �-a�i iii. 4T.1 ' : t..itr',kiii3O AfW4 it A1.C`4 .. 's�,?.. .``l lkt C .••,k`,7V. -!1,.-.h`, hN.: 4:1:0:.:,.. ?`i::..,.'e DCA2009-00006 Planning Commission Staff Report 020110 Page 6 • • The applicant has proposed that an electronic message center be a permitted use for a school on an arterial street where the sign is no closer than 200 feet from an abutting residential use and is oriented to the arterial street. It is not the intent of the applicant to make electronic message centers a permitted use in all residential zones without limitation or to increase the number of signs allowed at a school. The sign size and number of signs allowed will be regulated by the applicable zone standards for signs. The accurate code language should be as follows: . CHAPTER 18.780 SIGNS 18.780.090 Special Condition Signs D.Electronic message centers. 1.Electronic Message Center(variable message) sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones;, and at schools that front an arterial street where the sign is not less than 200 feet from an abutting residential use and is oriented to the arterial street. b.The maximum height and area of an electronic message center sign shall be that which is stipulated in Subaectien Section 18.780.130.6; SECTION V. STAFF ANALYSIS Currently electronic message centers are allowed only in the C-G and CBD commercial zones where schools are not a permitted use. Schools are allowed conditionally in all residential zones and the mixed use zones.The amendment limits electronic message center locations to schools and the busier streets in these zones. In TMC18.780.130.A&BT the area of signs allowed in residential zones is 32 sq. ft. for freestanding signs and 5 % of the gross wall area on which a wall sign is mounted. If it is freestanding, the sign may be six feet in height. The school may choose only one sign, and an electronic message center would be an option for the allowed wall or freestanding sign.The area and height limitations are different in the mixed use zones;however, almost all schools in Tigard are in residential zones. Schools in mixed use zones would comply with the limitations of TMC18.780.130 according to the specific zone in which they are located,provided they front an arterial street and the sign is at least 200 feet from a residential use. Restrictions on sign usage within the residential zones are an important aspect of promoting the peaceful enjoyment of a neighborhood: Schools are typically found in residential neighborhoods to safely and efficiently serve the community's children. The City needs to balance these two uses,and may do so through restrictions on place,size, and buffering. The proposed code amendment addresses the applicant's request by allowing an electronic message center for schools that front an arterial street To ensure the public welfare and safety is protected, the sign's proximity to abutting properties with a residential use must be 200 feet or greater and the sign must be oriented to the arterial street. Staff lielieves that the proposed amendment strikes the best balance of restriction while still meeting the needs of the schools. The potential negative impact by allowing electronic message centers at schools is that the sign would be more noticeable on dim days or at night. The intensity of light from a sign is addressed in Section 18.780.080.A and will not change with this amendment. DCA2009-00006 Planning Commission Staff Report 020110 Page 7 • 111 SECTION Yl. ALTERNATIVES Requested Action —Allow electronic message centers on school sites fronting an arterial street where the sign would be 200- feet or more from an abutting residential use and is oriented to the arterial street. Expected impact would be little to none, only that produced by the light from the sign which is regulated by TMC18.780.080.A. Alternate Actions—Allow electronic message centers on school sites limited by zones,limited by street type or not, limited by location on the property or not, or as recommended by the Commission. Expected impact could be complaints about an electronic message center and its lights from residents on streets with less traffic than arterial streets and/or the sign's light proximity to residential use. No Action — The code would remain unchanged, and electronic message centers would continue to be prohibited in residential zones. Expected impact would be to initiate an enforcement action on one sign, in particular an EMC at Tigard High School. SECfON VII. CITY STAFF & OUTSIDE AGENCY COMMENTS The City of Tigard Police Department,Tualatin Valley Fire and Rescue, Oregon Department of Land Conservation and Development, City of Tigard Development Engineer, and Tualatin Valley Fire and Rescue were sent requests for comments and had no objections. Metro Land Use and Planning and Oregon Department of Transportation were sent requests for comments and did not respond. The City of Tigard Assistant Community Development Director was sent a request for comments and those comments are incorporated in this report. SECTION VIII. PUBLIC COMMENTS Staff has received no comments from the public. at li re 2 Veio PREPARED BY: arrel" Wa ins DATE Assistant ' annex APPROVED BY: ick Bewersdo ff DATE Planning Mana DCA2009-00006 Planning Commission Staff Report 020110 Page 8 . • ATTACHMENT 3 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes February 1, 2010 DRAFT 1. CALL TO ORDER President Walsh called the meeting to order at 7:02 pm. The meeting was held in the Tigard • Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Present: Commissioners Anderson, Fishel, Gaschke, Hasman, Muldoon, Vermilyea, and Walsh. Alternate Commissioners Schmidt& Shavey Absent: Commissioner Doherty, Commissioner Caffall Staff Present: Ron Bunch, Community Development Director;Dick Bewersdorff, Planning Manager; Hap Watkins, Assistant Planner; Michael McCarthy, Streets & Transportation Sr. Project Engineer; Doreen Laughlin, Sr. Administrative Specialist 3. COMMUNICATIONS Commissioner Vermilyea gave a brief report on his involvement(as a Planning Commission representative) on the Tigard Transportation Advisory Committee (F1'AC)which meets the first Wednesday of every month. He said since he's attended the past 3 months or so, they've had overviews of the existing Transportation System Plan, existing finance options,getting an understanding of what the financing mechanisms are as well as understanding state, regional, and local transportation plans. He noted that this is a standing committee and he'll continue to report as things go on. Commissioner Vermilyea also had attended the joint City of Lake Oswego/Planning Commission meeting. He gave a brief overview of that meeting. He noted there was not a lot of interaction at that meeting;it was more of a presentation. He said much of what they spoke about was not likely to be anything that Tigard would be dealing with for the next 15 years or so. I:\LRPLN\Planning Commission\PC Packets for 2010\2-1-10\tpc minutes 2-1-10.doc Page 1 of 5 • 4. CONSIDER MEETING MINUTES 1-4-10 Meeting Minutes: President Walsh asked if there were any additions, deletions, or corrections to the minutes— there being none, Walsh then declared the minutes approved as submitted. 5.1 PUBLIC HEARING—ELECTRONIC MESSAGE CENTERS DCA2009-00003 STAFF REPORT Hap Watkins, Assistant Planner, briefly went over the staff report (staff reports are available one week before each scheduled meeting.) QUESTIONS FROM COMMISSIONERS OF STAFF I understand we currently have a school that's out of compliance with our existing sign regulation, is that correct? Yes, Tigard High School. Are there other schools on arterials — schools that could be affected? Yes, Durham Elementary, Tigard High School, St. Anthony School, Mitch Charter School, Westgate Baptist School, and the Muslim Educational Trust School. These could potentially be affected. So we're saying that we're going to allow a sign at a school site that is not less than 200' from a residential zone and it has to be on an arterial. Those are the two issues correct? Yes —200 feet from an abutting residential use. Explain to me what "abutting" is? For example, if the residential use is across the street—is that abutting? No. So the residential use could be less than 200' from the sign but if it is across the street from the sign— this wouldn't prevent the sign from going up? No, it wouldn't. The orientation of the sign would be perpendicular to the arterial so it would have less effect on the use across the right-of-way. Define an arterial. I take an arterial from our GIS overlay. It lists all the arterial streets. I don't have with me a definition of an arterial. It's the highest use street we have in Tigard. PUBLIC TESTIMONY—IN FAVOR: Barbara Fronczak, 19135 SW 52nd St., Tualatin, OR 97062,Vice Chair of St Anthony's School Advisory Council. She stated that she was there in support of this amendment. It would be used as a means of communication. Enrollment is down due to economy. This is good to get messages out to the residents of I:\LRPLN\Planning Commission\PC Packets for 2010\2-1-10\tpc minutes 2-1-10.doc Page 2 of 5 S Tigard about the school and its benefits, and improve communication within the parent community to inform them of events and activities going on at the school. There were no questions of Ms. Fronczak. • David Casias — 12199 SW Hollow Lane, Tigard, OR 97223 stated his support of the amendment of the code. He speaks as a parent of a St. Anthony student. He believes it would be a great asset to the school to be able to communicate to the school parents and the community in general. There were no questions of Mr. Casias. PUBLIC TESTIMONY— OPPOSED: None. PUBLIC TESTIMONY CLOSED DELIBERATIONS One of the commissioners had a question for staff regarding a school that he said is not on an arterial at this time. The question was to whether, as the City grows, perhaps more streets would be considered arterials. Is there any control as to where signs are placed? Is there any flexibility to dictate where a sign can go on a given piece of property? For example, the Fowler property— suppose the sign goes on the corner and shines in across the street to the . residences that are right there. Any control over that? Nothing other than the 200 foot set-back for residential use. The schools that I visited (Beaverton,Aloha, and Lake Oswego)generally put these type boards central to the building because it's right there— everyone knows what the sign's for. None of them strayed from that. They were all basically central to the building - the midline of the building. The way it's written right now—it has to be oriented to the arterial street. It would be perpendicular to that street— shining both ways. That's one limitation from across the right-of-way. Another question for staff: When you say school... would that include any place that has, say, just kindergartners? No. Preschools are identified in our land use code as `institutional daycare."To be qualified as a school,you have to teach grades 1-12. There were no further questions or deliberations and the following motion was made by Commissioner Anderson, seconded by Commissioner Muldoon. MOTION: "I move that we forward a recommendation of approval to the City Council to amend DCA 2009-00006 to allow electronic signs as stated in the staff report." The motion CARRIED on a recorded vote, the Commission voted as follows: I:\LRPLN\Planning Commission\PC Packets for 2010\2-1-10\tpc minutes 2-1-10.doc Page 3 of 5. • AYES: Commissioner Anderson, Commissioner Fishel, Commissioner Gaschke, Commissioner Hasman, Commissioner Muldoon, Commissioner Vermilyea, and Commissioner Walsh (7) NAYS: None (0) ABSTAINERS: None (0) ABSENT: Commissioner Doherty, Commissioner Caffall (2) 6. WORK SHOP— BRIEFING ON HWY 99/HALL/GREENBURG Mike McCarthy, Streets & Transportation Sr. Project Engineer, gave an informal "gather `round the plans" type of briefing. He gave a general "5000 foot level" overview of the various projects. Some of these projects would include bus pull-outs, street trees, etc. He noted that much of the construction would be done during the nighttime so as to have the least impact on traffic. The commissioners voiced some concerns and some enthusiasm for the various ideas. McCarthy noted that the City would go to great lengths to ensure extensive public information would be given. Among other things, the City will use the City website, Facebook, & Twitter, to get the word out—to let people know when various activities will be happening. McCarthy will provide a miniature version of the plans for the record (Exhibit A). The following is a basic time-line (given after the meeting). February: Design Completion March: Bidding April: Contract Documents and Paperwork May: Construction Start Spring 2011: Construction Completion 7. OTHER BUSINESS Commissioner Vermilyea noted that at the last meeting there was a conversation with staff about providing the Planning Commission with a work plan based on the priorities that the Planning Commission had set for the last few years. His recollection is that Ron Bunch said that it would be between 12 — 15 pages and he wondered where it is, because now it's February. If they're going to plan for the year, the year is moving on. He feels they've let their priorities slide for a couple of years now since they've finished the Comp Plan process. He'd like to focus on what they said they wanted to be working on. In addition, the consensus was that they would prefer it not be that long. They would like a one page bullet point list for 2010. They would like this to be put on the calendar for March 1st. They would like to go through the calendar and work on priorities on March 1St. Walsh added that he'd forgotten to mention that the Electronic Message Center amendment DCA2009-00006 would be going to Council on February 23rd. I:\LRPLN\Planning Commission PC Packets for 2010\2-1-10\tpc minutes 2-1-10.doc Page 4 of 5 8. ADJOURNMENT President Walsh adjourned the meeting at 8:00 pm. Doreen Laughlin, Planning Commission Secretary A A.EST: President David Walsh I:\LAPIN\Planning Commission\PC Packets for 2010\2-1-10\tpc minutes 2-1-10.doc Page 5 of 5 Barbara Frouesak DCA2009-00006 19135 SW 52nd Street ELECTRONIC MESSAGE CENTERS Tualatin, OR 97062 EXHIBI Barbara Frouesak 19135 SW 52nd Ct. Tualatin, OR 97062 David Casias 12199 SW Hollow Ln. Tigard, OR 97223 O • PUBLIC HEARING ITEM: - The following will be considered by the TIGARD PLANNING COMMISSION ON - MONDAY,•FEBRUARY 1; 2010. AT 7:00 PM at the Tigard Civic Center - Town Hall, , • COMMUNITY TIGARD 13125 SW Hall Blvd.,Tigard,Oregon. NEWSPAPERSR Public oral or written testimony is :invited. The public 6605 SE Lake Road,Portland,OR 97222 hearing on this matter will be held under Title 18 and rules of PO Box 22109 Portland OR 97269-2109 procedure adopted by the Council and.available at City Hall or Phone:503-684-0360 Fax:503-620-3433 the rules of procedure set forth in Section 18.390.060.E. The E-mail: legals©commnewspapers.com Planning Commission's'review is for the purpose of making a 1 recommendation to the City Council on the request. The Council will then hold a public hearing on the request prior to making a AFFIDAVIT OF PUBLICATION decision. _ . State of Oregon, County of Washington, SS Further information may be obtained from the City of.Tigard I, Charlotte Allsop, being the first duly sworn, Planning Division (Staff contact: Darrel "Hap" Watkins) at depose and say that I am the Accounting 13125 SW Hall Blvd.,Tigard,Oregon 97223 or by calling 503- Manager of The Times (serving Tigard, 639-4171 or by e-mail to hap @tigard-orgov. Tualatin & Sherwood), a newspaper of general circulation, published at Beaverton, DEVELOPMENT CODE AMENDMENT in the aforesaid county and state, as defined (DCA)2009-00006 by ORS 193.010 and 193.020, that ELECTRONIC MESSAGE CENTERS • • CODE AMENDMENT City of Tigard REQUEST: Amend the Development Code Section 18.780.090. D.1.a&b to allow an electronic message center as the approved Notice of Public Hearing/DCA2009-00006 • freestanding sign at a school fronting an arterial street where the TT11397 sign is a minimum of 200 feet.from an abutting residential use. LOCATION: Citywide. COMP PLAN DESIGNATION: A copy of which is hereto annexed, was - Citywide. ZONES: Citywide. APPLICABLE REVIEW published in the entire issue of said CRITERIA: 'Community Development'Code`Ch`aptei-18.380; newspaper for 18.390, 18.510, and 18.780;'comprehensive Plan-Policies`1-, 2, 6,7,and 12;Metro Urban Growth Management Plan Titles 1,8, Issue: I and 12; Metro Regional Framework Plan Policies 1.14 and 8:3; week in the following i and Statewide Planning Goals 1, 2, 1'0;and 1.1. The proposed January 14, 2010 amendments are available for review on the City's Web site at- http://www.tigard-r.gov/city_halUdepartments/cd/code_amend Cjift_CLY [01 j t r ment.asp. 'C� Publish 01/14/2010. TT11397 Charlotte Allsop (Accounting Man ger) Subscribed and sworn to before me this January 14, 2010. OFFICIAL SEAL ' ROBIN A BURGESS Gc> Ze.e "'I NOTARY PUBLIC-OREGON a- NOTARY PUBLIC FOR OREGQr "` .. COMMISSION NO.437285 My commission expires MY COMMISSION EXPIRES MAY 16,2013 Acct#10093001 Attn: Tim Lehrbach City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Size: 2 x 6 Amount Due: $100.20* Please remit to address above.