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DCA2010-00001 DCAioo .- o000 l NIP s 4. LAND USE PROPOSAL DESCRIPTION Tr: IGARD = 120 DAYS = N/A FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2010-00001 FILE TITLE: LAND USE APPROVAL EXTENSIONS APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 REQUEST: The Community Development Director requests a development code amendment to amend the text of the Site Development Review (18.360), Land Partitions (18.420), and Subdivision (18.430) Chapters of the Tigard Community Development Code (l'DC) extending land use decisions with approval periods lapsing between July 1, 2008 and December 31, 2011. The approval period will be extended through December 31, 2012. In addition, a new chapter is proposed (List of Terms — 18.115) that lists all defined terms within the TDC. LOCATION: Citywide. COMP. PLAN DESIGNATION: Not applicable. ZONE: Not applicable. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.380, 18.390, 18.420, and 18.430; Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goal 9, Economic Development;Goal 10,Housing;and Statewide Planning Goals 1,2, 9 and 10. DA'Z'E COMMENTS SENT: FEBRUARY 4,2010 DA 1'E COMMENTS DUE: FEBRUARY 18,2010 DATE DLCD NOTICE WAS SENT: JANUARY 11.2010 (48 days prior to first evidentiary hearing) DECISION MAKING BODY BELOW: ❑ TYPE I ['TYPE II ❑ TYPE III ® TYPE IV ® PLANNING COMMISSION (MON.) DA 1'E OF HEARING: MARCH 1,2010 TIME: 7:00 PM ® CITY COUNCIL (TUES.)DA 1'E OF HEARING: APRIL 13,2010 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: Cheryl Gaines,Associate Planner (503) 718-2437 • • PRE-APR HELD BY: CITY OF TIGARD PLANNING DIVIS 'iii• a E /{ED �� LAND USE PERMIT APPLICATION JAN ® 5 2010 City of Tigard Permit Center 13125 SW Hall Blvd., Tigard, OR 97223 T I GARD Phone: 503.639.4171 Fax::503.598.1960 CITY OF TIGARD PLANRII /ENGINEEIIING • File# jo1O- 00001 Other Case# Date 1 /6-1/° By 3-7P-024-- -7 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) ®Development Code Amendment(IV) ❑ Historic Overlay(II or III) ❑Site Development Review(II) ❑Home Occupation(H) ❑ Subdivision(II or III) LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) citywide TAX MAPS&TAX LOT NOS. TOTAL SITE SIZE ZONING CLASSIFICATION APPLICANT* City of Tigard MAILING ADDRESS/CITY/STATE/ZIP 13125 SW Hall Blvd. Tigard, OR 97223 PHONE NO. FAX NO. (503) 639-4171 (503) 684-7297 PRIMARY CONTACT PERSON PHONE NO. Cheryl Gaines (503) 718-2437 PROPERTY OWNER/DEED HOLDER(Attach list if more than one) N/A MAILING ADDRESS/CITY/STATE/ZIP PHONE NO. FAX NO. *When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY(Please be specific) Amend the 18.360 (Site Development Review), 18.420 (Minor Land Partition),and 18.430 (Subdivision) to extend land use approvals granted between January 1, 2007 and June 30, 2010 to December 31,2012. In addition, a new chapter is proposed (18.115—List of Terms. This chapter will list all defined terms found in the Community Development Code. 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\other land use applications.doc • THE APPLICANT SHALL CEIFY THAT: ♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true;and the applicants so acknowledge that any permit issued, based on this application,map be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/ ent/Representative's Signature Date Applicant/Agent/Representative's Signature Date Received: Dec 18 2009 03:31pm 44 Dec 18 09 04:31p JAMIE WYLAND 035795693 p.1 SO December 18th 2009 City of Tigard 0 Cheryl Caine 13125 SW Hall Blvd Tigard, OR 97223 Re: City of Tigard proposal to extend timelines for existing Land Use Approvals Ms. Caine; Our company owns approximately 20 acres within the bull mountain area of Tigard. The property currently has City land use approvals for a residential • subdivision known as Sunrise Lane. We have worked on land use approvals and annexation for this property over the last 4 years. Like most of our society, we did not foresee the current economic downturn. We understand that City staff is working toward action to extend existing land use approvals. We are in complete support of City staff extending current land use approvals to help Tigard property owners maintain their investments and property values. We have instilled some very hard work and invested a great deal of money into Sunrise Lane. As I think you would agree, we hope that the economy will turn around within the next three years and an extension would help greatly. Two suggestions I would make are take action swiftly and keep the proposed extension language simple. We have until July 2010 to complete certain improvements on the site, there are some very important lead time items involved to be able to complete those improvements on time. In order for our company to plan ahead, the approval for land use extension must happen early next quarter, ideally for our property, be completed by late February or early March. To do this I would suggest that you notify DLCD to ensure that their required notice period will not obstruct you from getting this action in front of the Council for a vote at the earliest possible hearing. By making the extension language simple, both Planning Commission and City Council are more likely to have fewer questions and may facilitate a quicker decision. Please keep me posted as your work progresses on this matter. Do not hesitate to call me with any questions at 503-209-7555. Sincerely; John Wyland SRL 79 LLC Cq Nick Arilson;Vk E-mail Gary Pagenstecher, Via E-mail Susan Hartnett Via E-mail J.T. SMITH 2594 Coeur D'A:ene Dr. Phone: 503-657•34C2 v ww.j_SrnitnCO.Com • • MEMORANDUM T I GARD TO: File DCA2010-00001 FROM: Cheryl Gaines,Associate Planner RE: Revised Code Language DATE: 2/1/10 Attached please find revised code language following a meeting with the City Attorney on January 20, 2010 and subsequent staff discussions. This is the code language to be routed for comment. DCA2010-00001/LAND USE APPROVAL EXTENSIONS CODE AMENDMENT • Explanation of Formatting This text amendment employs the following formatting: [Bold/Underlined] —Text to be added [ ] —Text to be removed New Code Chapter (18.115): Chapter 18.115 LIST OF TERMS Sections: \ �' 18.115.010 List of Terms 18.115.010 List of Terms The following terms are defined in Chapter.18:120,Definitions, unless indicated otherwise. (list of defined terms-,-,see Attachm nt,l) \ \ N N Amended Code Chapters (18:360,18.420, & 18.430): �:. \ 'Chapter 18.360 `, SITE DEVELOPMENT REVIEW 18.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or major modification of an approved plan or existing development, as defined in Section 18.360.020.A, shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. B. Minor modifications. Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060, shall be processed as a Type I procedure,as governed by Section 18.390.030, using approval criteria contained in Section 18.360.060. C. Approval period. Site development review approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. The site development review approval by the Director shall lapse if: 1. Substantial construction of the approved plan has not begun within a one-and-one-half years period; or 2. Construction on the site is a departure from the approved plan. D. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year; provided that: a. No changes are made on the original site development review plan as approved by the Director; 2 b. The applicant can show intent of initiating construction'on the site within the one-year extension period; and ' \ 3: c. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was b sed \ \ 2. Approval periods for Site Development Review:lapsing between July 1,2008 and December 31, 2011 shall be automatically-.extended through/December 31, 2012. No further extensions will be granted. E. Phased development. \\\\\\ 1. The Director shall.appr`ove,a time schedule for developing a site inphases over a period of time of one year, butrin no case shall the total time period for all-phases be greater than three years without reapplying for site development'review. 2. The criteria for approving a phased site development review proposal is that all of the following are satisfied:" a. ..The public'facilities are,constructed innconjunction with or prior to each phase; N \\\\The development and`occupancy4of any phase is not dependent on the use of temporary public.facilities. A temporary public facility is any facility not constructed to the applicable City or'district standard; c. The phased development,shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal; and d. The Director's decision may be appealed as provided by Section 18.390.040.G.No notice need be given of the Director's decision. 3. The Director may waive or modify the approval period for projects within the Washington Square Regional Center in accordance with Section 18.630.020.C. (Ord. 09-13) I 18.420 LAND PARTITIONS 18.420.030 Approval Process A. Decision-making process. The Director shall approve, approve with conditions or deny an application partition, which shall be reviewed by means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.420.050. ,-� B. Time limit on approval. The partition approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. C. Lapsing of approval. The partition or approval by,the,Director sh°all lapse if: 1. The partition has not been recorded or has been improperly recorded with Washington County without the satisfactory completion of all conditions attached to the approval; 2. The final recording is a departure,from the approved-plan. '` \ \ D. Extension. \ \ ` 1. The Director shall, upon written request by'the applicant and'payment of the required fee, grant an extension of the-approval period not to exceed'one year provided that a. No changes are made on the original'plan.as approved-by;the Director; N \ t 2- b. The applicant'call\show intent of recording the approved partition or lot line adjustment „within1theyone-year extension period; and\ \ 3:sc There hae`'beeh\no chap g es in the applicable Comprehensive Plan policies and ordinance 'provisions on whi h the approval was based. i 2. Approval\periods for Land Partitions lapsing between July 1, 2008 and December 31, 2011 shall be`automatically extended through December 31, 2012. No further extensions will be granted. ', \ \ % \ / \ 18.430 SUBDIVISIONS 18.430.030 Approval Process A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.040. An application for subdivision may also be reviewed concurrently with an application for a planned development, as governed by Chapter 18.350. B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.070. 40 10 C. Approval period. Preliminary plat approval by the Approval Authority shall be effective for a period of 1-1/2 years from the date of approval. The preliminary plat shall lapse if: 1. A final plat has not been submitted within a 1-1/2 year period; or 2. The final plat does not conform to the preliminary plat as approved or approved with conditions. C. Extension. 1. The Director shall, upon written request by the applicant;and payment of the required fee, grant one extension of the approval period not to exceed one,year;,provided that: a. No changes are made on the original relimina' plat plan as approved; g P rY 1? P , PP b. The applicant has expressed written intent of submitting a. final plat within the one-year extension period; 3, c. There have been no changes to the applicable ordinance provisions\,on which the approval was based; and ' �, ,� \. 'N 4. d. An extension of time will not preclude.the development of abutting properties. \ --....c N \ ti 2. Approval periods for Subdivisions lapsing between July 1, 2008 and December 31, 2011 shall be automatically-extended through December 31, 2012. 'No further extensions will be granted. F E. Phased development. " z, 1. The,Approval_Authority may approve a time schedule for developing a subdivision in phases, but in/no,case-shall'-the actual construction'time period for any phase be greater than two years without reapplying fo a prelimmnary plat; 2. The\criteria for approving'a phased site development review proposal are: a. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provisionof public facilities prior to building occupancy; b. The developmentlarid occupancy of any phase shall not be dependent on the use of temporary public facilities' /" (1) For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable City or district standard; and (2) The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. 3. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. (Ord. 09-13) I CHAPTER 18.115 LIST OF TERMS Sections: 18.115.010 List of Terms 18.115.010 List of Terms The following terms are defined in Chapter 18.120,Definitions,unless indicated otherwise. Abandoned Sign See Chapter Alteration, Structural Bikeway 18.780, Signs Alternative Access Billboard See Chapter 18.780, Abutting Lots Amendment Signs Accept Amenity Buildable Area Access Americans with Disabilities Building Accessory Building Act Building Envelope Accessory Dwelling Unit See Annexation Building,Primary Dwelling-Related Definitions Antenna See also Chapter Building Height Accessory Structure 18.798, Wireless Building Official Acre Communication Facilities Building Permit Active Use Facilities See Open Apartment See Dwelling-Related Business See Chapter 18.780, Space Facility-Related Definitions Signs Definitions Appeal Caliper Addition Applicant Canopy Cover See Chapter Adjacent Lots See Abutting Lots Application 18.790, Tree Removal Adjoining Lots See Abutting Approval Authority Change of Use Lots Approved Plan City Administrative Action Archaeological Site City Engineer Adult Bookstore See Adult Area See Chapter 18.780, Signs City of Tigard Entertainment-Related Assessed Valuation City Recorder Definitions Attached Dwelling See Collocation See Chapter 18.798, Adult Entertainment-Related Dwelling-Related Definitions Wireless Communication Definitions Awning Sign See Chapter Facilities •Adult Bookstore 18.780, Signs Commercial Forestry See • Adult Motion Picture Balloon See Chapter 18.780, Chapter 18.790, Tree Removal Theater Signs Commission • Specified Anatomical Areas Banner See Chapter 18.780, Common Wall • Specified Sexual Activities Signs Complete and Entire Adult Motion Picture Theater Base Flood See Flood-Related Complex See Adult Entertainment- Definitions Comprehensive See Related Definitions Basement Comprehensive Plan-Related `A'-Frame Sign See Chapter Bench Sign See Chapter 18.780, Definitions 18.780, Signs Signs Comprehensive Plan-Related Aisle Berm Definitions Bike Lane • Comprehensive Alley • • • Generalized •Apartment Floodway See Flood-Related , • Land •Attached Dwelling Definitions • Plan Coordination • Detached Dwelling Floodway Fringe See Flood Conditional Use • Duplex Related Definitions Floor Area Construct See Chapter 18.780, • Dwelling Floor Area Ratio Signs • Manufactured Home Flush Pitched Roof Sign See Contiguous Lots See Abutting • Multi le Famil Dwelling Chapter 18.780, Signs Corner Lot See Lot-Related • Single-Family Dwelling Freestanding Sign See Chapter Definitions Easement 18.780, Signs Corner Side See Yard Related Egress Freeway Interchange See Definitions Electrical Sign See Chapter Chapter 18.780, Signs Council 18.780, Signs Freeway-Oriented Sign See Cul-de-sac Electronic Information Sign Chapter 18.780, Signs Cultural Institution Auxiliary See Chapter 18.780, Signs Front See Yard-Related Sign See Chapter 18.780, Signs Enlargement Definitions Entryway Sign See Chapter Frontage See also Chapter Cutout See Chapter 18.780, 18.780, Signs 18.780, Signs Signs Dedication Exception Front Lot Line See Lot-Related Dedication,Fee In Lieu Of FAA See Chapter 18.798, Definitions Deed Wireless Communication Garage Demolish Facilities Generalized See Comprehensive Density Face Plan-Related Definitions Density Bonus Face of a Building See Chapter Glare 18.780, Signs Guyed Tower See Chapter Density Transfer FCC See Chapter 18.798, Detached Dwelling See p 18.798, Wireless Dwelling-Related Definitions Wireless Communication Communication Facilities Development Facilities Habitable Floor Area Fence, Sight-Obscuring Hazardous Tree See Chapter Development Review See Chapter 18.780, Signs Final Action 18.790, Tree Removal Development Site Final Decision See Final Action Home Occupation Directional Sign See Chapter Final Order See Final Action Homeowners Association Findings Household 18.780, Signs Flag Lot See Lot-Related Director g Housing Complex See Chapter Display Surface See Chapter Definitions 18.780, Signs Flashing Sign See Chapter Immediate or Serious Danger 18.780, Signs 18.780, Signs See Chapter 18.780, Signs Drainage Way Drive Through Facility Floodplain See Flood-Related Impact Analysis Driveway Definitions Impervious Surface Duplex See Dwelling Related Flood-Related Definitions Implementing Ordinance Definitions • Base Flood Improved Lot See Lot-Related Dwelling See Dwelling-Related • Floodplain Definitions • Floodway y Improvement Dwelling-Related Definitions • Floodway Fringe Industrial Park See Chapter 18.780, Signs •Accessory Dwelling Unit • Ingress • Lot Depth Non-Residential Building See Interior Lot See Lot-Related •Lot Line Chapter 18.755,Mixed Solid Definitions • Lot Line Adjustment Waste And Recyclable Storage Land See Comprehensive Plan- • Lot of Record Non-Structural Trim See Related Definitions • Lot Width Chapter 18.780, Signs Land Form Alteration Occupancy Permit Landscaping • Rear Lot Line p n g Off-Site Impact • Side Lot Line Lattice Tower See Chapter Off-Site Improvement 18.798, Wireless • Substandard Lot Open Space Facility-Related Communication Facilities • Tax Lot Definitions Lawn Sign See Chapter 18.780, • Through Lot •Active Use Facilities Signs • Zero Lot Line • Minimal Use Facilities Legal Entity See Chapter Lot Width See Lot-Related • Passive Use Facilities 18.780, Signs Definitions Oregon Administrative Rules Legislative Maintenance See Chapter Oregon Revised Statutes Lighting Methods See Chapter 18.780, Signs Outdoor Storage 18.780, Signs Manufactured Home See Owner Loading Area See Loading Space Dwelling-Related Definitions Painted Wall Decorations See Loading Space Minimal Use Facilities See Open Chapter 18.780, Signs Lot See Lot-Related Definitions Space Facility-Related Painted Wall Highlights See Lot Area See Lot-Related Definitions Chapter 18.780, Signs Definitions Mitigation Painted Wall Sign See Chapter Lot Averaging See Lot-Related Mixed Solid Waste See Chapter 18.780, Signs Definitions 18.755,Mixed Solid Waste Park Lot Coverage See Lot-Related And Recyclable Storage Parking Space Definitions Mixed-Use Development Partition Lot Depth See Lot-Related Mobile Home Party Definitions Mobile Home Park Passive Use Facilities See Open Lot Line See Lot-Related Mobile Home Subdivision Space Facility-Related Definitions Monopole See Chapter 18.798, Definitions Lot Line Adjustment See Lot- Wireless Communication Perimeter Related Definitions Facilities Permitted Use Lot of Record See Lot-Related Moving Sign See Chapter Person See also Chapter 18.780, Definitions 18.780, Signs Signs Lot-Related Definitions Multiple-Family Dwelling See Plan Coordination See • Corner Lot Dwelling-Related Definitions Comprehensive Plan-Related • Flag Lot Multi-Unit Residential Definitions • Front Lot Line Building See Chapter 18.755, Plat • Improved Lot Mixed Solid Waste And Premises See Chapter 18.780, • Interior Lot Recyclable Storage Signs • Lot Neighborhood Activity Center Projecting Sign See Chapter Noise 18.780, Signs • Lot Area Nonconforming Sign See Projection See also Chapter • Lot Averaging Chapter 18.780, Signs 18.780, Signs • Lot Coverage Nonconforming Situation • .. .. •. . • • Provider See Chapter 18.798, Single-Family Dwelling See Tree See also Chapter 18.790, Wireless Communication Dwelling-Related Definitions Tree Removal Facilities Site Uniform Building Code See Pruning See Chapter 18.790, Slope Chapter 18.780, Signs Tree Removal Source-Separated Recyclable Use Public Business Day See Chapter 18.755,Mixed Vehicle Parking Space Public Support Facilities Solid Waste And Recyclable Vision Clearance Area Quasi Judicial Storage Visual Obstruction Reader-Board Sign See Chapter Specified Anatomical Areas See Wall Sign See Chapter 18.780, 18.780, Signs Adult Entertainment-Related Signs • Rear See Yard-Related Definitions Definitions Wetlands Rear Lot Line See Lot-Related Specified Sexual Activities See Will Definitions Adult Entertainment-Related Window Receipt Definitions Wireless Communication Recreational Vehicles Storage Area See Chapter Facility See Chapter 18.798, Remodel 18.755,Mixed Solid Waste Wireless Communication Removal See Chapter 18.790, And Recyclable Storage Facilities Tree Removal Story Wireless Communication Reserve Strip Story, First Facility,Attached See Chapter Residence Story,Half 18.798, Wireless Residential Trailer Street Communication Facilities Revolving Sign See Chapter Street,Private Wireless Communication 18.780, Signs Street,Public Transmissions Towers See Right-of-Way Structural Alteration See Chapter 18.798, Wireless Road Chapter 18.780, Signs Communication Facilities Roof Structure Yard See Yard-Related Definitions Roof Line See Chapter 18.780, Subdivision Yard-Related Definitions Signs Substandard Lot See Lot-Related • Corner Side Roof Sign See Chapter 18.780, Definitions • Front Signs Substantial Improvement • Rear Rotating Sign See Chapter Surface Street See Chapter • Side 18.780, Signs 18.780, Signs Sensitive Lands See Chapter Tax Lot See Lot-Related •Yard 18.790, Tree Removal Definitions Zero Lot Line See Lot Related Setback Temporary Sign See Chapter Definitions Shopping Center See Chapter 18.780,Signs Zoning District 18.780, Signs Temporary Use Shopping Plaza See Chapter Tenant Sign See Chapter 18.780, 18.780, Signs Signs Side See Yard-Related Definitions Through Lot See Lot-Related Side Lot Line See Lot-Related Definitions Definitions Tigard-Based Nonprofit Sign See Chapter 18.780, Signs Organization Sign Structure See Chapter Traffic Flow Plan 18.780, Signs " City of Tigard • MEMORANDUM T I GARD TO: Tim Ramis, City Attorney FROM: Cheryl Caines,Associate Planner RE: Land Use Approval Extension Code Amendment DCA2010-00001 DATE: January 14, 2010 Attached please find proposed code language to extend land use approvals granted between January 1, 2007 and June 30, through December 31, 2012. These additional extensions will apply to Planned Developments, Ste Development Reviews, Subdivisions, and Land Partitions. Following are some specific questions regarding the proposed amendments: 1) Will the amendment, as proposed, automatically extend • expired cases that did not request and receive the one year extensions under n° current regulations? If not is there a way to allow them an extension at this point— for example, with an amnesty clause? • expired cases that did request and receive the one year extension? • cases that requested extensions and were denied? 2) If we grant this extension to newer decisions would they still get the one year extension in addition to the 2012 extension? For example,if a decision was issued May 1, 2010, then it automatically will be extended through December 31, 2012. Can the applicant then get an additional one year under the current regulations? If no, then do we need to state that somehow in the amendment? \s G(5. L D ° a kfr VA5 • u,,,o VZ6. • • 0 IIIII el MEMORANDUM T I GARD TO: Planning Division FROM: Cheryl Gaines,Associate Planner RE: Additional Approval Extensions for Site Development Review,Land Partitions, and Subdivisions DATE: 1/5/10 This application is for a proposed amendment to the Tigard Community Development Code that will give additional time extensions for land use approvals granted between January 1, 2007 and June 30, 2010. The proposed extension will carry approvals through December 31, 2012. The additional extension will be limited to Planned Developments, Site Development Review, Land Partitions, and Subdivisions. The amendments are being proposed in response to the national and regional economic downturn that has prevented applicants from constructing developments or reaching final plat approval prior to the approvals expiring. Currently the code allows a one (1) year extension if approval criteria can be met. Many of the applicant's have obtained these approvals but are still unable to begin construction or reach final plat at this time. This amendment may allow enough time for the economy to recover and construction to begin on these projects. In addition, a new chapter is proposed (18.115 List of Terms) that will list all defined terms found within the Community Development Code and will direct readers to the definition. The proposed code language is attached. Affected code chapters are: 18.115 List of Terms (new chapter) 18.350 Planned Developments 18.360 Site Development Review 18.420 Land Partitions 18.430 Subdivisions • • DCA2010-00001 CODE AMENDMENT Explanation of Formatting This text amendment employs the following formatting: [Bold/Underlined] —Text to be added [Striketchleugh] —Text to be removed New Code Chapter (18.115): „ _ f Chapter 18.115 LIST OF TERMS Sections: {\., •+ \ 18.115.010 List of Terms \ 18.115.010 List of Terms ` ' K. The following terms are defined in Chapten18.120,Definitions;.unless indicated otherwise. az� \� >:;:~; � \ ;� .. (list of defined terms), ' \ \. N f < ''. \ \ ; =pj Amended Code Chapters 08;350 48.360, , 18 420, & 18.430): \\, \ -,...,' \, \ - \ Chapte 8.350 ' PLANNED DEVELOPMENTS 18.350.030 Administrative Provisions \ N \ 4.,. i A. Time limit on filing of detailed development plan. The concept plan approval expires after 1-1/2 years unless an application`for`detailed development plan and, if applicable, a preliminary plat approval or request for extension is'fled.,Action on the detailed development plan shall be taken by the Planning Commission by means of/a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria in Section 18.350.070. B. Zoning map designation. The planned development overlay zone application shall be concurrently approved if the detailed development plan is approved by the Planning Commission. The zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. • • C. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: -I- a. No changes have been made on the original concept development plan as approved by the Commission; 2- b. The applicant can show intent of applying for detailed development plan or preliminary plat review within the one-year extension period; and 3, c. There have been no changes to the applicable,Comprehensive Plan policies and ordinance provisions on which the approval was based. ,\ " \ \\ \ 2. Detailed plan approvals granted on or after January 1, 2007 through June 30, 2010 that meet the approval requirements unde''r'section 18.350.030.CA. arc shall be extended to December 31, 2012. This subsection\(2)''shall terminate on January 2, 2013, without further action of the City Council. N / D. Phased development. . 4› 1. The Commission shall approve atime`schedule for develop ng a site in phases, but in no case shall the total time period for all'\phases be,&greater than\seven years without reapplying for conceptual development plan review: i2. The criteria for approving a P hased detal\develo ment plan,?i o osal are that a. The public facilities shall/be-~constructed in'conjunction with or prior to each phase; and b: The-development and occupancy'of ariy,phase:shall not be dependent on the use of temporary ;public facilities.;A temporary public facility is any facility not constructed to the applicable 'City or district standard. ' \ \':\ \ E. Substantial inodifications to concept\plan. If the Planning Commission finds that the detailed developmerit'."plan or preliminary, plat does not substantially conform to the concept plan, a new concept plan shall be required.; F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter. \\ G. Issuance of occupancy permits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued. However, when the Director determines that immediate execution of any feature of an approved detailed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary conditions, the Director shall, as a precondition of the issuance of a required permit, require the posting of a performance bond or other surety to secure execution of the feature at a time certain not to exceed one year. (Ord. 06-16) • • Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or major modification of an approved plan or existing development, as defined in Section 18.360.020.A, shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. , B. Minor modifications. Minor modifications of an approved plan pi-existing developments, as defined in Section 18.360.060, shall be processed as a Type I procedure,`as governed by Section 18.390.030, using approval criteria contained in Section 18.360.060. a t>I C. Approval period. Site development review approval by the Director shall'be effective for a period of 1-1/2 years from the date of approval.The site`development review approval�by the Director shall lapse if: \\'`1. Substantial construction of the approved plan has tlbegun within a one-and-one-half years period; or y ~` • 2. Construction on the site is a departure from the.approved-plan„ D. Extension. 1. The Director shall, upon written request by he applicant and,payment of the required fee, grant an extension of the approval period not to exceed one year; provided that site 3- a. No changes are,made on.theioriginal sit development review plan as approved by the Director; _ - z. • b. The applicant can show�intent of initiating construction on the site within the one-year extension period; and \' \ • 3-: c. There•have been no changes to the,applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. \<, 'x. r 2. Approvals granted on or after January 1,2007 through June 30,2010 shall be extended to December 31,2012:'.T'bis',s,ulisection (2) shall terminate on January 2,2013,without further action of the City courieiL . E. Phased development. 1. The Director shall approve a time schedule for developing a site in phases over a period of time of one year, but in no case shall the total time period for all phases be greater than three years without reapplying for site development review. 2. The criteria for approving a phased site development review proposal is that all of the following are satisfied: a. The public facilities are constructed in conjunction with or prior to each phase; b. The development and occupancy of any phase is not dependent on the use of temporary • • public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard; c. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal; and d. The Director's decision may be appealed as provided by Section 18.390.040.G.No notice need be given of the Director's decision. 3. The Director may waive or modify the approval period forprojects within the Washington Square Regional Center in accordance with Section 18.630.020:C. (Ord. 09-13) 18.420 LAND PARTITIONS \\ r. 18.420.030 Approval Process A. Decision-making process. The Director shall approve,,approve with conditions or:deny an application partition, which shall be reviewed\by,Means of a Type\II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 1:8.420.050. \ a \>a B. Time limit on approval. The partition;approval tby the Director'shall be effective for a period of 1-1/2 years from the date of approval. :.; C. Lapsing of approval.,;The partition\\or approval bythe Direcfor.,shall lapse if: 1. The partition has noebeen recorded or has°been improperly recorded with Washington County without-the-satisfactory completion of all conditions attached to the approval; 2. cthe-final recording is a departure from the'approved plan. D. Extension' N 1. The Director\shall, upon written request by the applicant and payment of the required fee, grant an extension,of the approval,period not to exceed one year provided that: -l- a. No changes are made on the original plan as approved by the Director; 2, b. The applicant can show intent of recording the approved partition or lot line adjustment within the one-year extension period; and c. There have been no changes in the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approvals gran et d on or after January 1, 2007 through June 30,2010 shall be extended to December 31, 2012. This subsection (2) shall terminate on January 2, 2013, without further action of the City Council. • • 18.430 SUBDIVISIONS 18.430.030 Approval Process A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.040. An application for subdivision may also be reviewed concurrently with an application for a planned development, as governed by Chapter 18.350. ,_ B. Review of final plat. Review of a final plat for subdivision'shall:;be\processed by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.070. \ \ C. Approval period. Preliminary plat approval by the/Approval Authority shall\be effective for a period of 1-1/2 years from the date of approval. The preliminary plat shall lapse i£\. \ 1. A final plat has not been submitted within a 1-1/2,year,period;or \. 2. The final plat does not conform`to the,preliminary plat�as approved or approved with conditions. tt \ \ C. Extension. 1. The Director shall;;upon written request by the`applicantand p yment of the required fee, grant one extension\of the approval period not to exceed'one year;provided that: .\ N\ t a. No changes are.made on tlieiforiginal preliminary plat plan as approved; b:':The'-applicant,has expressed written intent.,of submitting a final plat within the one-year }r extension period;:, '\\ ' 3. c.N;There have been'rio`changes4o>the applicable ordinance provisions on which the approval was based;,and \ ‘, \: \:• 4. d. An extension of time w.ill!not preclude the development of abutting properties. 2. Approvals granted on'or after January 1,2007 through June 30,2010 shall be extended to December 31,2012:.::This subsection (2)shall terminate on January 2,2013,without further action of the City Council. E. Phased development. 1. The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat; 2. The criteria for approving a phased site development review proposal are: a. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; • b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: (1) For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable City or district standard; and (2) The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. 3. The application for phased development approval shall ;be reviewed concurrently with the preliminary plat application and the decision may be£.appealed in the same manner as the preliminary plat. (Ord. 09-13) \`\ • \ \ \ \ ti \ a, `\ ,;; " • • N 5 • CHAPTER 18.115 LIST OF TERMS Sections: 18.115.010 List of Terms 18.115.010 List of Terms The following terms are defined in Chapter 18.120,Definitions,unless indicated otherwise. Abandoned Sign See Chapter Alteration,Structural Bikeway 18.780, Signs Alternative Access Billboard See Chapter 18.780, Abutting Lots Amendment Signs Accept Amenity Buildable Area Access Americans with Disabilities Building Accessory Building Act Building Envelope Accessory Dwelling Unit See Annexation Building,Primary Dwelling-Related Definitions Antenna See also Chapter Building Height Accessory Structure 18.798, Wireless Building Official Acre Communication Facilities Building Permit Active Use Facilities See Open Apartment See Dwelling-Related Business See Chapter 18.780, Space Facility-Related Definitions Signs Definitions Appeal Caliper Addition Applicant Canopy Cover See Chapter Adjacent Lots See Abutting Lots Application 18.790, Tree Removal Adjoining Lots See Abutting Approval Authority Change of Use Lots Approved Plan City Administrative Action Archaeological Site City Engineer Adult Bookstore See Adult Area See Chapter 18.780, Signs City of Tigard Entertainment-Related Assessed Valuation City Recorder Definitions Attached Dwelling See Collocation See Chapter 18.798, Adult Entertainment-Related Dwelling-Related Definitions Wireless Communication Definitions Awning Sign See Chapter Facilities • Adult Bookstore 18.780, Signs Commercial Forestry See • Adult Motion Picture Balloon See Chapter 18.780, Chapter 18.790, Tree Removal Theater Signs Commission • Specified Anatomical Areas Banner See Chapter 18.780, Common Wall • Specified Sexual Activities Signs Complete and Entire Adult Motion Picture Theater Base Flood See Flood-Related Complex See Adult Entertainment- Definitions Comprehensive See Related Definitions Basement Comprehensive Plan-Related `A'-Frame Sign See Chapter Bench Sign See Chapter 18.780, Definitions 18.780, Signs Signs Comprehensive Plan-Related Aisle Berm Definitions Bike Lane • Comprehensive Alley r • • • Generalized •Apartment Floodway See Flood-Related • Land • Attached Dwelling Definitions • Detached Dwelling Floodway Fringe See Flood- • Plan Coordination Related Definitions Conditional Use • Duplex Floor Area Construct See Chapter 18.780, • Dwelling Floor Area Ratio Signs • Manufactured Home Flush Pitched Roof Sign See Contiguous Lots See Abutting • Multi le-Famil Dwelling Lots P Y g Chapter 18.780, Signs • Single-Family Dwelling Freestanding Sign See Chapter Corner Lot See Lot-Related Easement 18.780, Signs ••;;t''• Definitions Corner Side See Yard-Related Egress Freeway Interchange See Electrical Sign See Chapter Chapter 18.780, Signs Definitions 18.780, Signs Freeway-Oriented Sign See - 'r Council Electronic Information Sign Chapter 18.780, Signs Cul-de-sac Cultural Institution Auxiliary See Chapter 18.780,Signs Front See Yard-Related Sign See Chapter 18.780, Signs Enlargement Definitions Entryway Sign See Chapter Frontage See also Chapter Cutout See Chapter 18.780, 98,780, Signs 18.780, Signs Signs Dedication Exception Front Lot Line See Lot-Related Dedication,Fee In Lieu Of FAA See Chapter 18.798, Definitions Wireless Communication Garage ' Deed Facilities Generalized See Comprehensive ''.i Demolish Density Face Plan-Related Definitions Density Bonus Face of a Building See Chapter Glare Density Transfer 18.780, Signs Guyed Tower See Chapter Detached Dwelling See FCC See Chapter 18.798, 18.798, Wireless Dwelling-Related Definitions Wireless Communication Communication Facilities Development Facilities Habitable Floor Area Development Review See Fence, Sight-Obscuring Hazardous Tree See Chapter Chapter 18.780, Signs Final Action 18.790, Tree Removal Final Decision See Final Action Home Occupation Development Site Directional Sign See Chapter Final Order See Final Action Homeowners Association 18.780, Signs Findings Household Director Flag Lot See Lot-Related Housing Complex See Chapter f, Display Surface See Chapter Definitions 18.780, Signs 18.780, Signs Flashing Sign See Chapter Immediate or Serious Danger Drainage Way 18.780, Signs See Chapter 18.780, Signs Drive Through Facility Floodplain See Flood-Related Impact Analysis Driveway Definitions Impervious Surface Duplex See Dwelling Related Flood-Related Definitions Implementing Ordinance • Base Flood Improved Lot See Lot-Related Definitions Definitions Dwelling See Dwelling-Related • Floodplain Definitions • Floodway Improvement Dwelling-Related Definitions • Floodway Fringe Industrial Park See Chapter 18.780, Signs •Accessory Dwelling Unit • • Ingress • Lot Depth Non-Residential Building See Interior Lot See Lot-Related • Lot Line Chapter 18.755,Mixed Solid Definitions • Lot Line Adjustment Waste And Reyclable Storage Land See Comprehensive Plan- • Lot of Record Non-Structural Trim See Related Definitions • Lot Width Chapter 18.780, Signs Land Form Alteration Occupancy Permit Landscaping • Rear Lot Line Off-Site Impact Lattice Tower See Chapter • Side Lot Line Off-Site Improvement 18.798, Wireless • Substandard Lot Open Space Facility-Related Communication Facilities • Tax Lot Definitions Lawn Sign See Chapter 18.780, • Through Lot •Active Use Facilities Signs • Zero Lot Line •Minimal Use Facilities Legal Entity See Chapter Lot Width See Lot-Related •Passive Use Facilities 18.780, Signs Definitions Oregon Administrative Rules Legislative Maintenance See Chapter Oregon Revised Statutes Lighting Methods See Chapter 18.780, Signs Outdoor Storage 18.780, Signs Manufactured Home See Owner Loading Area See Loading Space Dwelling-Related Definitions Painted Wall Decorations See Loading Space Minimal Use Facilities See Open Chapter 18.780, Signs Lot See Lot-Related Definitions Space Facility-Related Painted Wall Highlights See Lot Area See Lot-Related Definitions Chapter 18.780, Signs Definitions Mitigation Painted Wall Sign See Chapter Lot Averaging See Lot-Related Mixed Solid Waste See Chapter 18.780, Signs Definitions 18.755,Mixed Solid Waste Park Lot Coverage See Lot-Related And Recyclable Storage Parking Space Definitions Mixed-Use Development Partition Lot Depth See Lot-Related Mobile Home Party Definitions Mobile Home Park Passive Use Facilities See Open Lot Line See Lot-Related Mobile Home Subdivision Space Facility-Related Definitions Monopole See Chapter 18.798, Definitions Lot Line Adjustment See Lot- Wireless Communication Perimeter Related Definitions Facilities Permitted Use Lot of Record See Lot-Related Moving Sign See Chapter Person See also Chapter 18.780, Definitions 18.780, Signs Signs Lot-Related Definitions Multiple-Family Dwelling See Plan Coordination See • Corner Lot Dwelling-Related Definitions Comprehensive Plan-Related • Flag Lot Multi-Unit Residential Definitions • Front Lot Line Building See Chapter 18.755, Plat • Improved Lot Mixed Solid Waste And Premises See Chapter 18.780, • Interior Lot Reyclbble Storage Signs Neighborhood Activity Center Projecting Sign See Chapter • Lot Noise 18.780, Signs • Lot Area Nonconforming Sign See Projection See also Chapter • Lot Averaging Chapter 18.780, Signs 18.780, Signs • Lot Coverage Nonconforming Situation • • Provider See Chapter 18.798, Single-Family Dwelling See Tree See also Chapter 18.790, Wireless Communication Dwelling-Related Definitions Tree Removal Facilities Site Uniform Building Code See Pruning See Chapter 18.790, Slope Chapter 18.780, Signs Tree Removal Source-Separated Recyclable Use Public Business Day - See Chapter 18.755,Mixed Vehicle Parking Space Public Support Facilities Solid Waste And Recyclable Vision Clearance Area Quasi Judicial Storage Visual Obstruction Reader-Board Sign See Chapter Specified Anatomical Areas See Wall Sign See Chapter 18.780, 18.780, Signs Adult Entertainment-Related Signs Rear See Yard-Related Definitions Definitions Wetlands Rear Lot Line See Lot-Related Specified Sexual Activities See Will Definitions Adult Entertainment-Related Window Receipt Definitions Wireless Communication Recreational Vehicles Storage Area See Chapter Facility See Chapter 18.798, Remodel 18.755,Mixed Solid Waste Wireless Communication Removal See Chapter 18.790, And Recyclable Storage Facilities Tree Removal Story Wireless Communication Reserve Strip Story, First Facility,Attached See Chapter Residence Story,Half 18.798, Wireless Residential Trailer Street Communication Facilities Revolving Sign See Chapter Street,Private Wireless Communication 18.780, Signs Street,Public Transmissions Towers See Right-of-Way Structural Alteration See Chapter 18.798, Wireless Road Chapter 18.780, Signs Communication Facilities Roof Structure Yard See Yard-Related Definitions Roof Line See Chapter 18.780, Subdivision Yard-Related Definitions Signs Substandard Lot See Lot-Related • Corner Side Roof Sign See Chapter 18.780, Definitions • Front Signs Substantial Improvement • Rear Rotating Sign See Chapter Surface Street See Chapter • Side 18.780, Signs 18.780, Signs Sensitive Lands See Chapter Tax Lot See Lot-Related • Yard 18.790, Tree Removal Definitions Zero Lot Line See Lot Related Setback Temporary Sign See Chapter Definitions Shopping Center See Chapter 18.780, Signs Zoning District 18.780, Signs Temporary Use Shopping Plaza See Chapter Tenant Sign See Chapter 18.780, 18.780,Signs Signs Side See Yard-Related Definitions Through Lot See Lot-Related Side Lot Line See Lot-Related Definitions Definitions Tigard-Based Nonprofit Sign See Chapter 18.780, Signs Organization Sign Structure See Chapter Traffic Flow Plan 18.780, Signs • • PRE-APPLICATION NOTES City of Tigard December 30,2009 STAFF PRESENT: Cheryl Gaines,Dick Bewersdorff, Susan Hartnett APPLICANT: City of Tigard PROPERTY LOCATION: NA,Legislative TAX MAP/LOT#: NA PROPOSAL DESCRIPTION: To amend the development code text in Sections 18.350 (Planned Development), 18.360 (Site Development Review), 18.420 (Minor Land Partition), 18.430 (Subdivision) to provide an additional extension for land use cases from 2007 - 2009. COMP PLAN DESIGNATION: NA ZONING: NA NEIGHBORHOOD MEETING: A neighborhood meeting is not required for a CDC text change. NARRATIVE: Include a narrative that responds to the applicable review criteria. The narrative must contain the text of the applicable review criteria, findings of fact relative to each criterion, and a conclusion as to whether the criterion has been met. APPLICABLE REVIEW CRTl'ERIA: Zoning Map and Text Amendments 18.380.020 A.Legislative amendments.Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure,as governed by Section 18.390.060G. 18.390.060 Based on the information provided, the text amendment request will be a Type IV Process, with a public hearing before the Planning Commission. The Planning Commission then makes a recommendation to City Council to either approve the request as proposed,modify the request, or deny the request. A subsequent hearing (or hearings) is then held by the City Council. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1.The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; [Goals 1,Public Involvement;Goal 2,Land Use Planning;] • • 2.Any federal or state statutes or regulations found applicable; 3.Any applicable METRO regulations; 4.Any applicable comprehensive plan policies; [Goal: 1,Public Involvement;and Goal 2,Land Use Planning;and 5.Any applicable provisions of the City's implementing ordinances [I DC 18.350, 18.360, 18.380, 18.390, 18.420 and 18.430]. Application Fees for Zoning Text Amendment (Legislative): NA (City Application) Decision timeline is at least 4 months from receipt of a complete application. The 120-day rule is not applicable to legislative changes. PREPARED BY: duAlk, ect4,i4„) Cheryl Gaines Associate Planner • • Extension 1. What about: • Foster Estates (keeps dragging on) • Approvals done by WACO and annexed to City • SDRs/CUPs that are hanging on and partially done,will this affect them? CUP does not currently address extensions. • Cross Ridge Subdivision (SUB2006-00013) Effective 6/2/07 Extension granted until 12/2/09 Applicant withdrew and requested refund of tree cash assurance,which was processed and returned 2. Accela: • Shouldn't we be putting extensions under Activities rather than Comments? • ... an activity/comment that an approval has expired? • Cross Ridge subdivision not shown as withdrawn in database 3. Other jurisdictions • Including but not limited to: Portland,Tualatin,Washington County, Newberg, Corvallis,Bend,Redmond,Albany • Redmond (version 1) • Tualatin (version 2) 4. Code • Date (June 2012, Dec 2012, etc.) • 2007/2008/2009 cases or go back to approvals of a certain date • Easiest to extend to date certain rather than extend each case a specified time like 3 years • Automatic termination? • If an approval was automatically extended without a regular extension, do we want or are we legally required to also allow regular extension—as in Redmond? • If we do that, then when does the 1 year start, after the Dec 2012 date? • Issue with extending without a review is that we are unaware of any code changes that may affect the approval. • Is it fair and equitable to give automatic extensions at no cost to those who did not apply for an extension under 18.350.050 (D)(1)? Is that just something we don't worry about? • • 18.430.030 Approval Process A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.040. An application for subdivision may also be reviewed concurrently with an application for a planned development, as governed by Chapter 18.350. B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.070. C. Approval period. Preliminary plat approval by the Approval Authority shall be effective for a period of 1-1/2 years from the date of approval. The preliminary plat shall lapse if: 1. A final plat has not been submitted within a 1-1/2 year period; or 2. The final plat does not conform to the preliminary plat as approved or approved with conditions. D. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant one extension of the approval period not to exceed one year; provided that: a. 4-No changes are made on the original preliminary plat plan as approved; b. 2, The applicant has expressed written intent of submitting a final plat within the one-year extension period; c. 3 There have been no changes to the applicable ordinance provisions on which the approval was based; and d. 4. An extension of time will not preclude the development of abutting properties. 2. Notwithstanding section 18.350.030 (D)(1) above, subdivision approvals, including approvals that have received an extension of time, that were due to expire after January 1, 2009, are hereby extended to December 31, 2012. Subdivision approvals that are approved and take effect after July ??, 2009, shall comply with section 18.350.030(C) (i.e. a two year approval) unless the applicant applies for and receives an extension of time granted in accordance with section 18.350.030(D)(1). Approvals which have been automatically extended by this regulation may apply for an additional extension of time in accordance with section 18.350.030(D)(1). or 2. Subdivision approvals granted on or after January 1, 2007 through June 30, 2009 shall be extended to December 31, 2012. This subsection(2)shall terminate on January 2, 2013, without further action of the City Council. • Department of Land Conservation and Development g r , Oregon 635 Capitol Street,Suite 150 j F{i.+c.�.,_,. 7,;;•�1y Salem,OR 97301-2540 , 1?1,g ii ; Th dore R xubnwski,Governor (503)373-0050 •••.�.. '.� /' Fax(503)378-5518 • 3� www.lcd.state.or.us NOTICE OF ADOPTED AMENDMENT ` : 5/10/2010 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 001-10 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: Friday,May 21,2010 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: Cheryl Caines,City of Tigard Gloria Gardiner,DLCD Urban Planning Specialist <paa> N • • F ' m DLCD DEPT.OF Notice of Adoption. MAY 3 2010 This Form/trust be mailed tCf:DLCD within 5-Workins Days after the:Final LAND CONSERVATION 1 Ordinance is signed by the public Official Designated by the jurisdiction AND DEVELOPMENT and:aWother requirements of ORS 197.615 and OAF:660-4187000 Jurisdiction: City of Tigard Local file number DCA2010-00001 Date of Adoption: 4/27/10 pate Mailed: 4/30/10 Was a Notice of Propcised Amendment (Form 1) mailed to DLCD? g Yes 0 No Date: 1/11/2010 - 0 Comprehensive Plan Text Amendment 0 Comprehensive Plan Map Amendment N.J.-and yse Regulation.Amendrnent 0 Zoning Map Amendment 0 New Land Use Regulation . 0 Other: Summarize the adopted amendment Do not use.technical terms: Donot write "See Attached". A Development Code Amendment to amend; the text of the Site Development Review (18.360); Land Partitions (18:420)i and $ulxliVisiOna,(1.8:4q0)Chapters of the Tigard Community Development Code,(TDC) to extend land use approvals for Subdivisions with approval periods lapsing between July 1, 2.008,and December 31, 2010 and Site Development Reviews and Land Partitions with approvals lapsing between July 1,2008 and December 31, 2011. Subdivision approVals::areextended'thraugh December M., 2011 and Site Developtnent Reviews and'Ladd-PartitionS are extended,through'Decernber 31 2012. In addition, a new chaPter,is adopted (Liat of Terms 1.8116) that lists:all:defined.terrns within the TDC, • Does*the Adoption differ from proposal? Yes, Please explain below: The lapsing period affected and the-time extension dates have changed from the original proposal. :Subdivision approvals lapsing between.July-t, 2008 and December 31, 2010 are extended through .Decemberal,.201 1. Land Partition and :Site Development Review approvals lapsing between July 1, 20:08 and December 31, 2011 a"re extended through Dedernber 31, 2012. The'type8 of approvals extended did net-change Plan':Map Changed from: NIA to: N/A Zone'Map Changed frOm: NIA to: N/A Location: N/A Acresinvolved: N/A Specify Density: previous: N/A New: N/A Applicable Statewide planning goals: 2 . 34 5 6 . 7 8 9 10 11 12 1,3 14 15 16 17 113 J9 11 EI D 11 : 1 ■2 171- I ' ) PI r7 - . Was an Exception AdoPted? 0 YES Ej NO Did DLCD receive a Notice of Proposed Amendment... 45-days.priOr to first evidentiary hearing? Yet 0 No 4 ' If• o, do the.statewide planning goals apply? 0 Yes 0 No If no, did Emergency Circumstances require immediate adoption'? 0,Yes .0 No DLCD file No. 001-10(18065) [16111] — _ _ Amk.. ; • lir Please list all affected StOtebrfecletal:AgOeiCie's; Local Governments or Special Districts Clean.Water,Ser*leeS,Xetro, and '1'',najntiir Valley Fire and.1testile: • •.,• . - . - odai;Ccinta0t: Cheryl Carnes, Associate Planner ',Phone: (503),7184437 • Extension Address: 13125 SW RAI Boulevard _ Fax Number 503-718-2748 • • . . . , City:.Tigard_ • Zip 97223 Address: cherylc@tigaird-or.go* , _ • • , • , ' • ADOPTION susmiTTAI, REQUIREMENTS This Form 2 must be.retei*eab*DLCD:..nOlintkthan 5 days after the orditinfidettibeen Signed by the public official to:SionilieniiiirOked;orditinnee(s) , . .fper ORS 197:45 and OAR Chapter 660 18 1. •This',Filtrif2 Milk be submitted by only(not byn.pplidatit).• , . • .2.: When:Submittingi•pleaseprint Form this 2 On Ight*eei)•paper. a**11iible, . • • •i 3.—Send this Form and'Dile(1) Complete Paper Copy and One(1) ElectiOniebigital,CA(documents and . . maps)of the Adopted tb:theeddieSg in number 6 ; • 4 Electronic Submittals: Form Notice 611-A4000On Vvill.,06t140*cepte:ciitt'elp40 or any electronic Or digital,foritiat at this dine: The Adopted Materials inUstinclude-the final decision the official designated by the jurisdiction. • The Final Decision must include aPproved&igned'ordinarice(s), finding(s),. exhibit(s),and any map(t):' , • - • 6 IfoLCD:Noticenf.Adontion,must beSubmitted-in OneffleompletePaner Con*and One ' • Electronic ,fllgitalCD via UnitedStates Poital•Service,to nmbn:Carrier or iand.tnrried to , the DLCD Salem Office and stanined4vithithe incoming date stamp (for subthinalitittructionS,. also See,# 5)],MAIL the PAPER COPY and Ofthe AdOpted'Amendnient to: • • - ATTENTION: PLAN.AMENI:)NI,ENT SPECIALIST — •- DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635CARITOL,STREET NE,SUITE 150 • • SALEM; OREGON 7- ö1-240 . • 7. Submittal of this Mot*of Adoption must include the signed ordinance(S);'finding(s);.exhibit(s) and any other'•.: suPplerriebtary information(see-ORS 197.615). $. Deadline to appeals to LUBA is calculated 6venty-one:(21) daYs frOm.the receipt(postmark date)of adoption (see ORS 197.830 to 197.$45.): 9. Ari addition to sending-the FOrrn2-Notice ofAdoption 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:AO . . • 'DWI)(see ORS 197.615,)- 10. -Need More eopies7 you can now access thee forms Online at httn://www.led.state:orms/. You-may also- _ • call the DLCD Office at(503)373-0050;orfa x.your requestio:-(503)378-5518: tlpdatOd D6coitiber.22, - _ . • CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 10-09 AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE (DCA2010-00001) CHAPTERS 18.360 — SIlE DEVF.T,OPMENT REVIEW, 18.420 — LAND PARTITIONS, AND 18.430 — SUBDIVISIONS TO EXTEND LAND USE APPROVALS AND ADD A NEW CHAPTER (18.115 — LIST OF 'PERMS) THAT LISTS ALL DEFINED "1'ERMS FOUND IN THE DEVELOPMENT CODE. WHEREAS, the Community Development Director, in response to public request, initiated the Development Code Amendment to extend land use approvals for Subdivisions with approvals lapsing between July 1, 2008 and December 31, 2010 and Site Development Reviews and Land Partitions with approvals lapsing between July 1, 2008 and December 31, 2011 as a response to the economic downturn; and WHEREAS, these Subdivision approvals will be extended through December 31, 2011 and these Site Development Review and Land Partition approvals will be extended through December 31, 2012 to allow more time to construct developments once the economy improves; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing; and WHEREAS, the Tigard Planning Commission held a public hearing on March 1, 2010, and recommended approval of the proposed amendment with a 9-0 vote; and WHEREAS, notice of the public hearings was published in the Tigard Times Newspaper at least 10 business days prior to the public hearings; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the applicable review criteria: Community Development Code Chapters 18.380, and 18.390; Comprehensive Plan Goal 1, Public Involvement, 2, Land Use Planning, 9.1, Economic Development, and 10.1, Housing; and Statewide Planning Goals 1, 2, 9 and 10; and WHEREAS, the Tigard City Council held a public hearing on April 13, 2010 and April 27, 2010 to consider the proposed amendments; and Cert. .• to l r a tnie copy gf the original dcaarrnt w" ' City.c}rTigarl..City Hal . • Rerun(-, City ._Truer! •ORDINANCE No. 10- t`7 Date �: 1.(j TIGARD Page 1 • • WHEREAS,the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: The findings in the February 19,2010 Staff Report to the Planning Commission and the Minutes of the March 1, 2010 Planning Commission hearing are herby adopted as support for the Planning Commission's recommendation to Council. SECTION 3: City Council amended the Planning Commission's recommendation through the public hearing process. The Minutes of the March 30, 2010 and April 20, 2010 Council Workshop meetings and the Minutes of the April 13, 2010 and April 27, 2010 public hearings are hereby adopted in explanation of the Council's decision. • SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. PASSED: By U Dan i l)US vote of all Council members present after being read by number and title only, this r�`7 -'day of � ti i L , 2010. a erne Wheatley, City Recordel APPROVED: By Tigard City Council this gi_f__day of pi.f ,2010. Craig Dirksen,Mayor Approved as to form Attorney Q . oty Date ORDINANCE No.10- Pi Page 2 • EXHIBIT A DCA;2010-0000 .. 1 -f LAND USE APPROVAL EXTENSIONS " CODE AMENDMENT Introduction The proposed development code amendment (DCA2010-00001) is to create a new chapter that lists all defined terms found in the Tigard Community Development Code (TDC). In addition an amendment is proposed to extend land use decisions (Site Development Reviews, Land Partitions, and Subdivisions) with approvals lapsing between July 1, 2008 and December 31, 2011 until December 31, 2012. • Following please find the proposed code amendments,broken into two categories: I. New code sections—(18.115) H. Amendments to existing sections— (18.360, 18.420,& 18.430) Deletions to existing chapters indicated by eefigh. Additions to existing chapters indicated by bold and underlined. No formatting differences for new chapters. • - .ir rT ws^ i' f7. p�4 r'2r�°i s n n i�t ,d,i �'r '+F E� :'` v ' :. ko ,{�' � 2 { . ':fi 1. f.�k._'..1 '.::. ..t^.—te vT.c, S..ac': ^!�''i€iz-. �.:•. `..+�f7Ss3]c� ..r - Chapter(18.115) List of Terms The following terms are defined in Chapter 18.120,Definitions,unless indicated otherwise. Abandoned Sign See Chapter Adult Bookstore See Adult Amendment 18.780, Signs Entertainment-Related Amenity Abut Definitions Americans with Disabilities Abutting Lots Adult Entertainment- Act Accept Related Definitions Annexation Access • Adult Bookstore Antenna See also Chapter Accessory Building •Adult Motion Picture 18.798, Wireless Accessory Dwelling Unit See Theater Communication Facilities Dwelling-Related Definitions • Specified Anatomical Areas Apartment See Dwelling- Accessory Structure . Specified Sexual Activities Related Definitions Acre Appeal Active Use Facilities See Adult Motion Picture Applicant Open Space Facility-Related Theater See Adult Application Definitions Entertainment-Related Approval Authority Addition Definitions Approved Plan Adjacent Lots See Abutting `A'-Frame Sign See Chapter Arcade See Design-Related Lots 18.780, Signs Definitions Adjoining Lots See Abutting Aisle Archaeological Site Lots Alley Area See Chapter 18.780, Administrative Action Alteration,Structural Signs Alternative Access • • Argument See Section City Dedication,Fee In Lieu Of • 18.390.080, General City Engineer Deed Provisions City of Tigard Demolish Assessed Valuation City Recorder Density Attached Dwelling See Collocation See Chapter Density Bonus Dwelling-Related Definitions 18.798, Wireless Density Transfer Awning See Design-Related Communication Facilities Design-Related Definitions Definitions Column See Design-Related •Arcade Awning Sign See Chapter Definitions 18.780,Signs Commercial Forestry See •Awning Balloon See Chapter 18.780, Chapter 18.790, Tree • Band Signs Removal •Bay Band See Design-Related Commission • Belt Course Definition Common Wall • Canopy Banner See Chapter 18.780, Complete and Entire • Chamfer Signs Complex . . - Base Flood See Flood-Related Comprehensive See • Column Definitions Comprehensive Plan-Related • Cornice Basement Definitions • Eaves • Bay See Design-Related Comprehensive Plan- • Entry Definitions Related Definitions • Frieze Belt Course See Design- • Comprehensive • Marquee Related Definitions • Generalized • Bench Sign See Chapter • Medallion •Land • Para et 18.780,Signs p Berm • Plan Coordination • Pilaster Bike Lane Conditional Use •. Bikeway Construct See Chapter String Course y 18.780,Si •Transom Signs Billboard See Chapter 18.780, g Signs Contiguous •Turret Buildable Area Contiguous Lots See •Visible Transmittance Building Abutting Lots Detached Dwelling See Building Envelope Corner Lot See Lot-Related Dwelling-Related Defcnitions Building,Primary Definitions Development Building Height Corner Side See Yard-Related Development Adjustment See Building Official;See also Definitions Section 18.370.020, Chapter 18.780, Signs Cornice See Design-Related Adjustments Building Permit Definitions Development Review See Business See Chapter 18.780, Council Chapter 18.780,Signs Signs Covered Soil Area See Development Site Caliper Landscaping-Related Definitions Directional Sign See Chapter Canopy See Design-Related Cul-de-sac 18.780,Signs Definitions Cultural Institution Auxiliary Director Canopy Cover See Chapter Sign See Chapter 18.780,Signs Display Surface See Chapter 18.790, Tree Removal Cutout See Chapter 18.780, 18.780,Signs Chamfer See Design-Related Signs Drainage Way Definitions g Change of Use Dedication Drive-Through Facility • • Driveway Final Decision See Final Action Guyed Tower See Chapter Duplex See Dwelling-Related Final For Purposes Of Appeal 18.798, Wireless i Definitions See Section 18.390.080, Communication Facilities Dwelling See Dwelling Related General Provisions Habitable Floor Area Definitions Final Order See Final Action Hazardous Tree See Chapter Dwelling-Related Definitions Findings 18.790, Tree Removal •Accessory Dwelling Unit Flag Lot See Lot-Related Home Occupation Definitions Homeowners Association •Apartment Household •Attached Dwelling Flashing Sign See Chapter 18.780,Signs Housing Complex See Chapter • Detached Dwelling Floodplain See Flood-Related 18.780,Signs • Duplex Immediate or Serious Danger Dnitions •Dwelling Flood-Related Definitions See Chapter 18.780,Signs •Manufactured Home . Base Flood Impact Analysis •Multiple-Family Dwelling •Floodplain Impervious Surface • Single-Family Dwelling • Implementing Ordnance Floodway Ordinance Improved Lot See ated Easement • Floodway Fringe D nitions Eaves See Design Related Floodway See Flood-Related r Ira vement Definitions Definitions p Effective Date See Section Industrial Park See Chapter Floodway Fringe See Flood- 18.780,Signs 18.390.080, General Provisions Related Dnitions Egress Ingress Floor Area Interior Lot See Lot-Related -Electrical Sign See Chapter Floor Area Ratio 18.780,Signs Definitions • Flush Pitched Roof Sign See Land See Comprehensive Plan-. Electronic Information Sign Chapter 18.780,Signs See Chapter 18.780,Signs Related Definitions Freestanding Sign See Chapter Land Form Alteration Enlargement 18.780,Signs Landscaping Entry See Design-Related Freeway Interchange See p g Definitions y Landscaping-Related Chapter 18.780,Signs Definitions Entryway Sign See Chapter Freeway-Oriented Sign See 18.780,Signs • Covered Soil Area Chapter 18.780,Signs •Open Soil Evidence See Section Frieze See Design-Related . 18.390.080, General Provisions Definitions • Root Paths Exception Front See Yard-Related • Soil Volume Calculations FAA See Chapter 18.798, Definitions Lattice Tower See Chapter Wireless Communication Frontage See afro Chapter 18.798, Wireless Facilities Communication Facilities 18.780,Signs Face Lawn Sign See Chapter 18.780, Front Lot Line See Lot-Related Face of a Building See Chapter Signs 18.780,Signs Dffinrnons Legal Entity See Chapter Garage 18.780,Signs, Twines:" FCC See Chapter 18.798, Generalized See Comprehensive ' `B Wireless Communication Legislative Facilities Plan-Related Definitions Lighting Methods See Chapter Fence,Sight-Obscuring Glare 18.780,Signs Final Action Loading Area See Loading Space • • Loading Space Marquee See Design-Related •Passive Use Facilities Lot See Lot-Related Definitions Definitions Oregon Administrative Rules Lot Area See Lot-Related Medallion See Design-Related Oregon Revised Statutes Definitions Definitions Outdoor Storage Lot Averaging See Lot-Related Minimal Use Facilities See Open Owner Definitions Space Facility-Related Painted Wall Decorations See Lot Coverage See Lot-Related Definitions Chapter 18.780,Signs Definitions Mitigation Painted Wall Highlights See Lot Depth See Lot-Related Mixed Solid Waste See Chapter Chapter 18.780,Signs Definitions 18.755,Mixed Solid Waste Painted Wall Sign See Chapter Lot Line See Lot-Related And Recyclable Storage 18.780, Signs Definitions Mixed-Use Development Parapet See Design Related Lot Line Adjustment See Lot- Mobile Home Definitions Related Definitions Mobile Home Park Park Lot of Record See Lot-Related Mobile Home Subdivision Parking Space Definitions Monopole See Chapter Partition ' Lot-Related Definitions 18.798, Wireless Party • Corner Lot Communication Facilities Passive Use Facilities See Open • Flag Lot Moving Sign See Chapter Space Facility-Related g 18.780,Signs Definitions • Front Lot Line Multiple-Family Dwelling See Perimeter • Improved Lot Dwelling-Related Definitions Permitted Use •Interior Lot Multi-Unit Residential Person See also Chapter 18.780, •Lot Building See Chapter 18.755, Signs • Lot Area Mixed Solid Waste And Pilaster See Design-Related •Lot Averaging Recyclable Storage Definitions •Lot Coverage Neighborhood Activity Center Plan Coordination See •Lot Depth Noise Comprehensive Plan-Related •Lot Line Nonconforming Sign See Definitions Chapter 18.780,Signs Plat •Lot Line Adjustment Nonconforming Situation Premises See Chapter 18.780, •Lot of Record Non-Residential Building See Stns. •Lot Width g Chapter 18.755,Mixed Solid Projecting Sign See Chapter •Rear Lot Line Waste And Recyclable Storage 18.780,Signs • Side Lot Line Non-Structural Trim See Projection See also Chapter • Substandard Lot Chapter 18.780,Sign.r 18.780, Signs •Tax Lot Occupancy Permit Provider See Chapter 18.798, •Through Lot Off-Site Impact Wireless Communication • Zero Lot Line Off Site Improvement Facilities Lot Width See Lai-Related Open Soil See Landscaping- Pruning See Chapter 18.790, Definitions Related Definitions Tree Removal Maintenance See Chapter Open Space Facility-Related Public Business Day 18.780,Signs Definitions Public Support Facilities Manufactured Home See • Active Use Facilities Quasi Judicial Dwelling-Related Definitions •Minimal Use Facilities • • . Reader-Board Sign See Chapter Soil Volume Calculations See Traffic Flow Plan 18.780,Signs Landscaping-Related Definitions Transom See Design-Related Rear See Yard-Related Definitions Source-Separated Recyclable Definitions Rear Lot Line See Lot-Related See Chapter 18.755,Mixed Tree See also Chapter 18.790, Definitions Solid Waste And Recyclable Tree Removal Receipt Storage Turret See Design-Related Recreational Vehicles Special Adjustments,See Section Definitions Remodel 18370.020,Adjustments Uniform Building Code See Removal See Chapter 18.790, Specified Anatomical Areas See Chapter 18.780,Signs Tree Removal Adult Entertainment-Related Use Reserve Strip Definitions Vehicle Parking Space Residence Specified Sexual Activities See Visible Transmittance See Residential Trailer Adult Entertainment-Related Design-Related Definitions Responsible Party,See Section Definitions Vision Clearance Area 18.230.030,Penalty Storage Area See Chapter Visual.Obstruction Revolving Sign See Chapter 18.755,Mixed Solid Waste Wall'Sign See Chapter 18.780, 18.780,Signs And Recyclable Storage Signs Right-of-Way Story Wetlands Road Story,First Will Roof Story,Half Window Roof Line See Chapter 18.780, Street Wireless Communication Signs Street,Private Facility See Chapter 18.798, Roof Sign See Chapter 18.780, Street,Public Wireless Communication Signs String Course See Design-Related Facilities Root Paths See Landscaping- Definitions Wireless Communication Facility,Attached See Related Definitions Structural Alteration See Rotating Sign See Chapter Chapter 18.780,Signs Chapter 18.798, Wireless 18.780,Signs Structure Communication Facilities Wireless Communication Sensitive Lands See Chapter Subdivision Transmissions Towers See 18.790, Tree Removal Substandard Lot See Lot-Related Setback Chapter 18.798, Wireless Definitions Communication Facilities Shopping Center See Chapter Substantial Improvement Yard See Yard-Related.D fnitions 18.780, Signs Surface Street See Chapter Yard-Related Definitions Shopping Plaza See Chapter 18.780,Signs • Corner Side 18.780,Signs Tax Lot See Lot-Related Side See Yard-Related Definitions •Front Definitions Side Lot Line See Lot-Related Temporary Sign See Chapter •Rear Definitions 18.780,Signs • Side Sign See Chapter 18.780, Signs Temp orary Use •Yard Sign Structure See Chapter Tenant Sign See Chapter 18.780, Zero Lot Line See Lot-Related 18.780, Signs Signs Definition Single-Family Dwelling See Through Lot See Lot-Related Zoning District Dwelling Related Definitions Definitions Site Tigard-Based Nonprofit Slope Organization • • 1-,,yy r��yy;,,,�p�1 ny- �-r- t �.�'3�� v� vr: fi _*r� s �jf J M � ,d f r t F fCi uk.4( n C e P,76, , i�Yw C C 6 1 srt ;�Q qf��L p'.,. ''!6 ty.�',�'V' .:'S.4 't�swt..y-4 .. ty2 _`' ?'x' .. .;.cs...>...i � �� �tiV� 4` ��� �, >, �!.5 �+� ss7 Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.030 Approval Process A. New developments and major modifications.Site development review for a new development or major modification of an approved plan or existing development, as defined in Section 18.360.020A, shall be processed by means of a Type II procedure, as governed by Section 18.390.040,using approval criteria contained in Section 18.360.090. B. Minor modifications. Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060, shall be processed as a Type I procedure;as governed by Section 18.390.030,using approval criteria contained in Section 18.360.060. C. Approval period. Site development review approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. The site development review approval by the Director shall lapse if 1. Substantial construction of the approved plan has not begun within a one-and-one-half years period; or 2. Construction on the site is a departure from the approved plan. D. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year;provided that: 47 a. No changes are made on the original site development review plan as approved by the Director; b. The applicant can show intent of initiating construction on the site within the one-year extension period;and c. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Site Developm be ent Review lapsing tween July 1, 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. E. Phased development. • • 1. The Director shall approve a time schedule for developing a site in phases over a period of time of one year,but in no case shall the total time period for all phases be greater than three years without reapplying for site development review. 2. The criteria for approving a phased site development review proposal is that all of the following are satisfied: a. The public facilities are constructed in conjunction with or prior to each phase; b. The development and occupancy of any phase is not dependent on the use of temporary public facilities.A temporary public facility is any facility not constructed to the applicable City or district standard; c. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal;and - • d. The Director's decision may be appealed as provided by Section 18.390.040.G. No notice need be given of the Director's decision. 3. The Director may waive or modify the approval period for projects within the Washington Square Regional Center in accordance with Section 18.630.020.C. (Ord. 09-13) 18.420 LAND PARTITIONS 18.420.030 Approval Process A. Decision-making process. The Director shall approve, approve with conditions or deny an application partition,which shall be reviewed by means of a Type II procedure, as governed by Chapter 18.390,using approval criteria contained in Section 18.420.050. B. Time limit on approvaL The partition approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. C. Lapsing of approval. The partition or approval by the Director shall lapse if: 1. The partition has not been recorded or has been improperly recorded with Washington County without the satisfactory completion of all conditions attached to the approval; 2. The final recording is a departure from the approved plan. D. Extension. • • L The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that a. No changes are made on the original plan as approved by the Director; 27 b. The applicant can show intent of recording the approved partition or lot line adjustment within the one-year extension period;and c. There have been no changes in the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Land Partitions lapsing between July 1, 2008 and December 31, 2011 shall be automatically extended through December 31. 2012. No further extensions will be granted. • 18.430 SUBDIVISIONS 18.430.030 Approval Process A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of a Type II procedure, as governed by Chapter 18.390,using approval criteria contained in Section 18.430.040.An application for subdivision may also be reviewed concurrently with an application for a planned development,as governed by Chapter 18.350. B. Review of final plat.Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.070. C. Approval period. Preliminary plat approval by the Approval Authority shall be effective for a period of 1-1/2 years from the date of approval.The preliminary plat shall lapse if 1. A final plat has not been submitted within a 1-1/2 year period;or 2. The final plat does not conform to the preliminary plat as approved or approved with conditions. C. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant one extension of the approval period not to exceed one year;provided that: a. No changes are made on the original preliminary plat plan as approved; 27 b. The applicant has expressed written intent of submitting a final plat within the one-year extension period; 3 c. There have been no changes to the applicable ordinance provisions on which the - , approval was based; and 4 d. An extension of time will not preclude the development of abutting properties. 2. Approval periods for Subdivisions lapsing between July 1, 2008 and December 31, 2010 shall be automatically extended through December 31, 2011. No further extensions will be granted. E. Phased development. 1. The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat; 2. The criteria for approving a phased site development review proposal are: • a. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: (1) For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable City or district standard;and (2) The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. 3. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. (Ord. 09-13) _. _ _. _ - a a �'� '� a .� x t v. k� f4'..• fir s { ���1���y},��. .� •ttftitt.lt7hv't�'� ft .' `a 0004227235 AP.R E,:.201113 7008 2810 0001 3831 9030 , 4''.": `�:M'Att.Ei3FROM;Z1-.„ °e�223.......:,,,,,,,,i.::,,.;,.,.,:,;1,.,.‘: sl.. wJ ,} 4 1 .� ':' . 1St , City of Tigard Current ik. Division 13125 SW Hall Blvd. , - i , , TIGARD Tigard, OR 97223 � � Y =1. 'f 44 a*e ATTN: PLAN AMENDMENT SPECIALIST ' .•s. 4; , `" Y� z _ CSR. Dept. of Land Conservation 8E Develop 635 Capital Street NE,Suite 150 Salem,OR 97301 2540r �r a a tz ; k 's t ��334x ri yyI ti ,::,:,,,f,.1.,,,,,,...., 4. i un v .r r ''," x µ.; ,w ems . 1 r`s 4 "lea 1 + y a{"_g "" 120 DAYS =N/A = DATE OF FILING: 4/28/201 �_ �rt« DATE MAILED: 4/29/2010 CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT (DCA) 2010-00001 Case Name: LAND USE APPROVAL EXTENSIONS 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. 10-07). THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MAIERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION FIELD A PUBLIC HEARING TO RECEIVE 'IESTIMONY ON MARCH 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 APRIL 13, 2010 AND APRIL 27, 2010 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER Subject: A A Development Code Amendment to amend the text of the Site Development Review (18.360), Land Partitions (18.420), and Subdivisions (18:430) Chapters of the Tigard Community Development Code (TDC) to extend land use approvals for Subdivisions with approval periods lapsing between July 1, 2008 and December 31, 2010 and Site Development Reviews and Land Partitions with approvals lapsing between July 1, 2008 and December 31, 2011. Subdivision approvals are extended through December 31, 2011 and Site Development Reviews and Land Partitions are extended through December 31, 2012. In addition, a new chapter is adopted (List of Terms - 18.115) that lists all defined terms within the ZONE: N/A. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.380, 18.390, 18.420, and 18.430; Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goal 9, Economic Development; Goal 10,Housing; and Statewide Planning Goals 1, 2,9 and 10. Action: > IX Approval as Requested ❑ Approval with Conditions I I 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 MAY 27, 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. .y • CITY OF TIGARD, OREGON • TIGARD CITY COUNCIL ORDINANCE NO. 10-09 AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE - (DCA2010-00001) CHAPTERS 18.360 — SITE DEVELOPMENT REVIEW, 18.420 — LAND PARTITIONS, AND 18.430 — SUBDIVISIONS TO EXTEND LAND USE APPROVALS AND ADD A NEW CHAPTER (18.115 — LIST OF 'TERMS) THAT LISTS ALL DEFINED 'TERMS FOUND IN THE DEVELOPMENT CODE. WHEREAS, the Community Development Director, in response to public request, initiated the Development Code Amendment to extend land use approvals for Subdivisions with approvals lapsing between July 1, 2008 and December 31, 2010 and Site Development Reviews and Land Partitions with approvals lapsing between July 1, 2008 and December 31, 2011 as a response to the economic downturn; and WHEREAS, these Subdivision approvals will be extended through December 31, 2011 and these Site Development Review,and Land Partition approvals will be extended through December 31, 2012 to allow more time to construct developments once the economy improves; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing; and WHEREAS, the Tigard Planning Commission held a public hearing on March 1, 2010, and recommended approval of the proposed amendment with a 9-0 vote; and WHEREAS, notice of the public hearings was published in the Tigard Times Newspaper at least 10 business days prior to the public hearings; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the applicable review criteria: Community Development Code Chapters 18.380, and 18.390; Comprehensive Plan Goal 1, Public Involvement, 2, Land Use Planning, 9.1, Economic Development, and 10.1, Housing; and Statewide Planning Goals 1, 2, 9 and 10; and WHEREAS, the Tigard City Council held a public hearing on April 13, 2010 and April 27, 2010 to consider the proposed amendments; and Cert0.ed to be a true copy of the original doc m ent on :C Tigard Cuy H 11111$ , By 4'4 lit Date. � �Tigard (-r— TIGARD ORDINANCE No. 10- D` Page 1 WHEREAS, the Tigard City gancil has determined that the proposellevelopment code amendment is consistent with the applicab e review criteria, and that approving tie request would be in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: The findings in the February 19, 2010 Staff Report to the Planning Commission and the Minutes of the March 1, 2010 Planning Commission hearing are herby adopted as support for the Planning Commission's recommendation to Council. SECTION 3: City Council amended the Planning Commission's recommendation through the public hearing process. The Minutes of the March 30, 2010 and April 20, 2010 Council Workshop meetings and the Minutes of the April 13, 2010 and April 27, 2010 public hearings are hereby adopted in explanation of the Council's decision. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By U rl(,YIt 11'1[)AS vote of all Council members present after being read by number and title only, this c-`7 r•day of_412-u. L-. , 2010. Ca AA,tee a erine Wheatley, City Recorder APPROVED: By Tigard City Council this �� day of ( _ , 2010. � a Craig Dirksen, Mayor Approved as to form: Attorney 2a to Date ORDINANCE No. 10- Di Page 2 EXHIBIT A • • = : .DCA2010-0000:1•. LAND USE APPROVAL EXTENSIONS CODE AMENDMENT Introduction The proposed development code amendment (DCA2010-00001) is to create a new chapter that lists all defined terms found in the Tigard Community Development Code (TDC). In addition an amendment is proposed to extend land use decisions (Site Development Reviews, Land Partitions, and Subdivisions) with approvals lapsing between July 1, 2008 and December 31, 2011 until December 31,2012. Following please find the proposed code amendments,broken into two categories: I. New code sections— (18.115) II. Amendments to existing sections— (18.360, 18.420,& 18.430) Deletions to existing chapters indicated by s.triketliretigh• Additions to existing chapters indicated by bold and underlined. No formatting differences for new chapters. 4 r At. 4 t :4. C dea•: a <;: �.>.<-;:'. { .: .,�to=:-: t Chapter(18.115) List of Terms The following terms are defined in Chapter 18.120,Definitions,unless indicated otherwise. Abandoned Sign See Chapter Adult Bookstore See Adult Amendment 18.780, Signs Entertainment-Related Amenity Abut Definitions Americans with Disabilities Abutting Lots Adult Entertainment- Act Accept Related Definitions Annexation Access • Adult Bookstore Antenna See also Chapter Accessory Building • Adult Motion Picture 18.798, Wireless Accessory Dwelling Unit See Theater Communication Facilities Dwelling-Related Definitions • Specified Anatomical Areas Apartment See Dwelling- Accessory Structure Related Definitions • Specified Sexual Activities Acre Appeal Active Use Facilities See Adult Motion Picture Applicant Open Space Facility-Related Theater See Adult Application Definitions Entertainment-Related Approval Authority Addition Definitions Approved Plan Adjacent Lots See Abutting `A'-Frame Sign See Chapter Arcade See Design-Related Lots 18.780, Signs Definitions Adjoining Lots See Abutting Aisle . Archaeological Site Lots Alley Area See Chapter 18.780, Administrative Action Alteration, Structural Signs Alternative Access • • .. Argument See Section City Dedication,Fee In Lieu Of 18.390.080, General City Engineer Deed i Provisions City of Tigard Demolish Assessed Valuation City Recorder Density Attached Dwelling See Collocation See Chapter Density Bonus Dwelling-Related Definitions 18.798, Wireless Density Transfer Awning See Design-Related Communication Facilities Design-Related Definitions Definitions Column See Design-Related • Arcade Awning Sign See Chapter Definitions • Awning 18.780, Signs Commercial Forestry See Balloon See Chapter 18.780, Chapter 18.790, Tree • Band Signs Removal • Bay Band See Design-Related Commission • Belt Course Definitions Common Wall • Canopy Banner See Chapter 18.780, Complete and Entire • Chamfer Signs Complex Base Flood See Flood-Related Comprehensive See • Column Definitions Comprehensive Plan-Related • Cornice Basement Definitions • Eaves Bay See Design-Related Comprehensive Plan- • Entry Definitions Related Definitions • Frieze Belt Course See Design- • Comprehensive • Marquee Related Definitions • Generalized • Medallion Bench Sign See Chapter • Land 18.780, Signs • Parapet • Plan Coordination Berm • Pilaster Bike Lane Conditional Use ••String Course Bikeway Construct See Chapter • Transom Signs gns Billboard See Chapter 18.780, 18.780, . Turret Signs Contiguous Buildable Area Contiguous Lots See • Visible Transmittance Building Abutting Lots Detached Dwelling See Building Envelope Corner Lot See Lot-Related Dwelling-Related Definitions Building,Primary Definitions Development Building Height Corner Side See Yard-Related Development Adjustment See Building Official; See also Definitions Section 18.370.020, Chapter 18.780, Signs Cornice See Design-Related Adjustments Building Permit Definitions Development Review See Business See Chapter 18.780, Council Chapter 18.780, Signs Signs Covered Soil Area See Development Site Caliper Landscaping-Related Definitions Directional Sign See Chapter Canopy See Design-Related Cul-de-sac 18.780, Signs Definitions Cultural Institution Auxiliary Director Canopy Cover See Chapter Sign See Chapter 18.780,Signs Display Surface See Chapter 18.790, Tree Removal Cutout See Chapter 18.780, 18.780, Signs Chamfer See Design-Related Signs Drainage Way Definitions Dedication Drive-Through Facility Change of Use • • Driveway Final Decision See Final Action Guyed Tower See Chapter Duplex See Dwelling-Related Final For Purposes Of Appeal 18.798, Wireless f Definitions See Section 18.390.080, Communication Facilities Dwelling See Dwelling-Related General Provisions Habitable Floor Area Definitions Final Order See Final Action Hazardous Tree See Chapter Dwelling-Related Definitions Findings 18.790, Tree Removal • Accessory Dwelling Unit Flag Lot See Lot-Related Home Occupation Definitions Homeowners Association • Apartment Household •Attached Dwelling Flashing Sign See Chapter 18.780, Signs Housing Complex See Chapter • Detached Dwelling Floodplain See Flood-Related 18.780, Signs • Duplex Immediate or Serious Danger Definitions • Dwelling Flood-Related Definitions See Chapter 18.780, Signs • Manufactured Home • Base Flood Impact Analysis • Multiple-Family Dwelling • Floodplain Impervious Surface • Single-Family Dwelling • Implementing Ordinance Floodway Easement Improved Lot See Lot-Related • Floodway Fringe Definitions Eaves See Design-Related Floodway See Flood Related Definitions y Improvement Definitions Industrial Park See Chapter Effective Date See Section Floodway Fringe See Flood 18.390.080, General Provisions y g 18.780, Signs Related Definitions Ingress Egress Floor Area Electrical Sign See Chapter Interior Lot See Lot Related Floor Area Ratio Definitions 18.780,Signs Flush Pitched Roof Sign See Electronic Information Sign Land See Comprehensive Plan Chapter 18.780, Signs Related Definitions See Chapter 18.780, Signs Freestanding Sign See Chapter Enlargement g p Land Form Alteration 18.780, Signs Landscaping Entry See Design Related Freeway Interchange See Landscaping-Related Definitions Chapter 18.780, Signs Entryway Sign See Chapter Definitions Freeway-Oriented Sign See 18.780,Signs • Covered Soil Area Chapter 18.780, Signs • Open Soil Evidence See Section P Frieze See Design-Related 18.390.080, General Provisions •Root Paths Definitions Exception Front See Yard Related • Soil Volume Calculations FAA See Chapter 18.798, Definitions Lattice Tower See Chapter Wireless Communication 18.798, Wireless Frontage See also Chapter Facilities 18.780, Signs Communication Facilities Face Lawn Sign See Chapter 18.780, Front Lot Line See Lot-Related Face of a Building See Chapter Signs Definitions 18.780, Signs Legal Entity See Chapter FCC See Chapter 18.798, Garage Generalized See Comprehensive 18.780, Signs, `Business" Wireless Communication Legislative Plan-Related Definitions Facilities Lighting Methods See Chapter Fence,Sight-Obscuring Glare 18.780, Signs Final Action Loading Area See Loading Space • • Loading Space Marquee See Design-Related • Passive Use Facilities Lot See Lot-Related Definitions Definitions Oregon Administrative Rules J Lot Area See Lot-Related Medallion See Design-Related Oregon Revised Statutes Definitions Definitions Outdoor Storage Lot Averaging See Lot-Related Minimal Use Facilities See Open Owner Definitions Space Facility-Related Painted Wall Decorations See Lot Coverage See Lot-Related Definitions Chapter 18.780, Signs Definitions Mitigation Painted Wall Highlights See Lot Depth See Lot-Related Mixed Solid Waste See Chapter Chapter 18.780, Signs Definitions 18.755,Mixed Solid Waste Painted Wall Sign See Chapter Lot Line See Lot-Related And Recyclable Storage 18.780, Signs Definitions Mixed-Use Development Parapet See Design-Related Lot Line Adjustment See Lot- Mobile Home Definitions Related Definitions Mobile Home Park Park Lot of Record See Lot-Related Mobile Home Subdivision Parking Space Definitions Monopole See Chapter Partition Lot-Related Definitions 18.798, Wireless Party • Corner Lot Communication Facilities. Passive Use Facilities See Open • Flag Lot Moving Sign See Chapter Space Facility-Related g 18.780, Signs Definitions • Front Lot Line Multiple-Family Dwelling See Perimeter • Improved Lot Dwellin g Related Definitions Permitted Use • Interior Lot Multi-Unit Residential Person See also Chapter 18.780, • Lot Building See Chapter 18.755, Signs • Lot Area Mixed Solid Waste And Pilaster See Design-Related • Lot Averaging Recyclable Storage Definitions • Lot Coverage Neighborhood Activity Center Plan Coordination See • Lot Depth Noise Comprehensive Plan-Related p Nonconformin g Sign See • Lot Line Definitions Chapter 18.780, Signs Plat • Lot Line Adjustment Nonconforming Situation g Premises See Chapter 18.780, • Lot of Record Non-Residential Building See Sig ns • Lot Width Chapter 18.755,Mixed Solid Projecting Sign See Chapter • Rear Lot Line Waste And Recyclable Storage 18.780, Signs • Side Lot Line Non-Structural Trim See Projection See also Chapter • Substandard Lot Chapter 18.780, Signs 18.780, Signs • Tax Lot Occupancy Permit Provider See Chapter 18.798, • Through Lot Off-Site Impact Wireless Communication • Zero Lot Line Off-Site Improvement Facilities Open Soil See Landscaping- Pruning See Chapter 18.790, Lot Width See Lot-Related g Definitions Related Definitions Tree Removal Maintenance See Chapter Open Space Facility-Related Public Business Day 18.780, Signs Definitions Public Support Facilities Manufactured Home See • Active Use Facilities Quasi Judicial Dwelling-Related Definitions • Minimal Use Facilities i • Reader-Board Sign See Chapter Soil Volume Calculations See Traffic Flow Plan 18.780, Signs Landscaping-Related Definitions Transom See Design-Related i Rear See Yard-Related Definitions Source-Separated Recyclable Definitions Rear Lot Line See Lot-Related See Chapter 18.755,Mixed Tree See also Chapter 18.790, Definitions Solid Waste And Recyclable Tree Removal Receipt Storage Turret See Design-Related Recreational Vehicles Special Adjustments,See Section Definitions Remodel 18.370.020,Adjustments Uniform Building Code See Removal See Chapter 18.790, Specified Anatomical Areas See Chapter 18.780, Signs Tree Removal Adult Entertainment-Related Use Reserve Strip Definitions Vehicle Parking Space Residence Specified Sexual Activities See Visible Transmittance See Residential Trailer Adult Entertainment-Related Design-Related Definitions Responsible Party,See Section Definitions Vision Clearance Area 18.230.030,Penalty Storage Area See Chapter Visual Obstruction Revolving Sign See Chapter 18.755,Mixed Solid Waste . Wall Sign See Chapter 18.780, 18.780, Signs And Recyclable Storage Signs Right-of-Way Story Wetlands Road Story,First Will Roof Story,Half Window Roof Line See Chapter 18.780, Street Wireless Communication Signs Street,Private Facility See Chapter 18.798, Roof Sign See Chapter 18.780, Street,Public Wireless Communication Signs String Course See Design-Related Facilities Root Paths See Landscaping- Definitions Wireless Communication Related Definitions Structural Alteration See Facility,Attached See Rotating Sign See Chapter Chapter 18.780, Signs Chapter 18.798, Wireless Communication Facilities 18.780, Signs Structure Wireless Communication Sensitive Lands See Chapter Subdivision Transmissions Towers See 18.790, Tree Removal Substandard Lot See Lot-Related Chapter 18.798, Wireless Setback Definitions Communication Facilities Shopping Center See Chapter Substantial Improvement Yard See Yard-Related Definitions 18.780, Signs Surface Street See Chapter Yard-Related Definitions Shopping Plaza See Chapter 18.780, Signs • Corner Side 18.780, Signs Tax Lot See Lot-Related Side See Yard-Related Definitions • Front Definitions Side Lot Line See Lot-Related • Rear Temporary Sign See Chapter De fi nitions 18.780, Signs • Side Sign See Chapter 18.780, Signs Temporary Use • Yard Sign Structure See Chapter Tenant Sign See Chapter 18.780, Zero Lot Line See Lot-Related 18.780, Signs Signs Definitions Single-Family Dwelling See Through Lot See Lot-Related Zoning District Dwelling-Related Definitions Definitions Site Tigard-Based Nonprofit Slope Organization • • • cry a=r; �. s erode. :_,�.,. ... . _............. . .... ....: _ ...... ....,._ ,... . .-..:..-. ..-.,.. .... _. .,._ . J Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or major modification of an approved plan or existing development, as defined in Section 18.360.020.A, shall be processed by means of a Type II procedure, as governed by Section 18.390.040,using approval criteria contained in Section 18.360.090. B. Minor modifications. Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060, shall be processed as a Type I procedure•-:as governed by Section 18.390.030, using approval criteria contained in Section 18.360.060. C. Approval period. Site development review approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. The site development review approval by the Director shall lapse if: 1. Substantial construction of the approved plan has not begun within a one-and-one-half years period; or 2. Construction on the site is a departure from the approved plan. D. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year;provided that: 4- a. No changes are made on the original site development review plan as approved by the Director; b. The applicant can show intent of initiating construction on the site within the one-year extension period; and c. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Site Development Review lapsing between July 1, 2008 and December 31. 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. E. Phased development. • • 1. The Director shall approve a time schedule for developing a site in phases over a period of time of one year, but in no case shall the total time period for all phases be greater than three years without reapplying for site development review. 2. The criteria for approving a phased site development review proposal is that all of the following are satisfied: a. The public facilities are constructed in conjunction with or prior to each phase; b. The development and occupancy of any phase is not dependent on the use of temporary public facilities.A temporary public facility is any facility not constructed to the applicable City or district standard; c. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal;and d. The Director's decision may be appealed as provided by Section 18.390.040.G. No notice need be given of the Director's decision. 3. The Director may waive or modify the approval period for projects within the Washington Square Regional Center in accordance with Section 18.630.020.C. (Ord. 09-13) 18.420 LAND PARTITIONS 18.420.030 Approval Process A. Decision-making process. The Director shall approve, approve with conditions or deny an application partition, which shall be reviewed by means of a Type II procedure, as governed by Chapter 18.390,using approval criteria contained in Section 18.420.050. B. Time limit on approval. The partition approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. C. Lapsing of approval. The partition or approval by the Director shall lapse if: 1. The partition has not been recorded or has been improperly recorded with Washington County without the satisfactory completion of all conditions attached to the approval; 2. The final recording is a departure from the approved plan. D. Extension. • • 3- c. There have been no changes to the applicable ordinance provisions on which the approval was based; and 4. d. An extension of time will not preclude the development of abutting properties. 2. Approval periods for Subdivisions lapsing between July 1, 2008 and December 31, 2010 shall be automatically extended through December 31, 2011. No further extensions will be granted. E. Phased development. 1. The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat; 2. The criteria for approving a phased site development review proposal are: a. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: (1) For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable City or district standard; and (2) The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. 3. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. (Ord. 09-13) L The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 4- a. No changes are made on the original plan as approved by the Director; b. The applicant can show intent of recording the approved partition or lot line adjustment within the one-year extension period;and 3- c. There have been no changes in the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Land Partitions lapsing between July 1,2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. 18.430 SUBDIVISIONS 18.430.030 Approval Process A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.040. An application for subdivision may also be reviewed concurrently with an application for a planned development, as governed by Chapter 18.350. B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.070. C. Approval period. Preliminary plat approval by the Approval Authority shall be effective for a period of 1-1/2 years from the date of approval. The preliminary plat shall lapse if: 1. A final plat has not been submitted within a 1-1/2 year period; or 2. The final plat does not conform to the preliminary plat as approved or approved with conditions. C. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant one extension of the approval period not to exceed one year;provided that: a. No changes are made on the original preliminary plat plan as approved; 2- b. The applicant has expressed written intent of submitting a final plat within the one-year extension period; • u in ( ciccirunic ❑ muul: DLCD Notice of Adoption COP This Form 2 must be mailed to DLCD within 5-Working Days after the Final Ordinance is signed by the public Official Designated by the jurisdiction and all other requirements of ORS 197.615 and OAR 660-018-000 r"' `'ii"r` „0111, Jurisdiction: City of Tigard Local file number: DCA2010-00001 Date of Adoption: 4/27/10 Date Mailed: 4/30/10 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? ® Yes U No Date: 1/11/2010 n Comprehensive Plan Text Amendment n Comprehensive Plan Map Amendment • Land Use Regulation Amendment ❑ Zoning Map Amendment ❑ New Land Use Regulation ❑ Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". A Development Code Amendment to amend the text of the Site Development Review (18.360), Land Partitions (18.420), and Subdivisions (18.430) Chapters of the Tigard Community Development Code (TDC) to extend land use approvals for Subdivisions with approval periods lapsing between July 1, 2008 and December 31, 2010 and Site Development Reviews and Land Partitions with approvals lapsing between July 1, 2008 and December 31, 2011. Subdivision approvals are extended through December 31, 2011 and Site Development Reviews and Land Partitions are extended through December 31, 2012. In addition, a new chapter is adopted (List of Terms — 18.115) that lists all defined terms within the TDC. Does the Adoption differ from proposal? Yes, Please explain below: The lapsing period affected and the time extension dates have changed from the original proposal. Subdivision approvals lapsing between July 1, 2008 and December 31 , 2010 are extended through December 31 , 2011. Land Partition and Site Development Review approvals lapsing between July 1 , 2008 and December 31, 2011 are extended through December 31, 2012. The types of approvals extended did not change. 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 XX XI 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 Oleral Agencies, Local Governmenter Special Districts: Clean Water Services, Metro, and Tualatin Valley Fire and Rescue. Local Contact: Cheryl Caines, Associate Planner Phone: (503) 718-2437 Extension: Address: 13125 SW Hall Boulevard Fax Number: 503-718-2748 City: Tigard Zip: 97223 E-mail Address: cherylc @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 • CITY OF TIGARD, OREGON • TIGARD CITY COUNCIL ORDINANCE NO. 10-cri AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE (DCA2010-00001) CHAP'T'ERS 18.360 — STYE DEVELOPMENT REVIEW, 18.420 — LAND PARTITIONS, AND 18.430 — SUBDIVISIONS TO EXTEND LAND USE APPROVALS AND ADD A NEW CHAPTER (18.115 LIST OF 'PERMS) THAT LISTS ALL DEFINED TERMS FOUND IN THE DEVELOPMENT CODE. WHEREAS, the Community Development Director, in response to public request, initiated the Development Code Amendment to extend land use approvals for Subdivisions with approvals lapsing between July 1, 2008 and December 31, 2010 and Site Development Reviews and Land Partitions with approvals lapsing between July 1, 2008 and December 31, 2011 as a response to the economic downturn; and WHEREAS, these Subdivision approvals will be extended through December 31, 2011 and these Site Development Review and Land Partition approvals will be extended through December 31, 2012 to allow more time to construct developments once the economy improves; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing; and WHEREAS, the Tigard Planning Commission held a public hearing on March 1, 2010, and recommended approval of the proposed amendment with a 9-0 vote; and WHEREAS, notice of the public hearings was published in the Tigard Times Newspaper at least 10 business days prior to the public hearings; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the applicable review criteria: Community Development Code Chapters 18.380, and 18.390; Comprehensive Plan Goal 1, Public Involvement, 2, Land Use Planning, 9.1, Economic Development, and 10.1, Housing; and Statewide Planning Goals 1, 2, 9 and 10; and WHEREAS, the Tigard City Council held a public hearing on April 13, 2010 and April 27, 2010 to consider the proposed amendments; and • - to be a true COPY g{the original document a '1- City gCTigard City .e R... . , City Tigard ORDINANCE No. 10- t`. Date -4 • g, /O TIGARD Page 1 WHEREAS, the Tigard City Ccil has determined that the proposelevelopment code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: The findings in the February 19, 2010 Staff Report to the Planning Commission and the Minutes of the March 1, 2010 Planning Commission hearing are herby-adopted as support for the Planning Commission's recommendation to Council. SECTION 3: City Council amended the Planning Commission's recommendation through the public hearing process. The Minutes of the March 30, 2010 and April 20, 2010 Council Workshop meetings and the Minutes of the April 13, 2010 and April 27, 2010 public hearings are hereby adopted in explanation of the Council's decision. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By U YICYIt rn D AS vote of all Council members present after being read by number and title only, this aN 7 r�day of-,4._ -ui 1-- , 2010. Ca i erine Wheatley, City Recorder APPROVED: By Tigard City Council this �7 day of Lyi , 2010. C 1I a Craig Dirksen,Mayor Approved as to form: f.....411r Attorney 4... . 1....--7. 2_ 6 t Date ORDINANCE No. 10- Di Page 2 EXHIBIT A DCA2010-00001 LAND USE APPROVAL:EXTENSIONS CODE AMENDMENT Introduction The proposed development code amendment (DCA2010-00001) is to create a new chapter that lists all defined terms found in the Tigard Community Development Code (1'UC). In addition an amendment is proposed to extend land use decisions (Site Development Reviews, Land Partitions, and Subdivisions) with approvals lapsing between July 1, 2008 and December 31, 2011 until December 31, 2012. Following please find the proposed code amendments,broken into two categories: I. New code sections— (18.115) II. Amendments to existing sections— (18.360, 18.420,& 18.430) • Deletions to existing chapters indicated by strikegivetith. Additions to existing chapters indicated by bold and underlined. No formatting differences for new chapters. 4 Y !. TM;' A._.?.F1n l• �.'k v.:..:i.,:>r�', (.• t, p�t 1 - �r. O . Chapter(18.115) List of Terms The following terms are defined in Chapter 18.120,Definitions,unless indicated otherwise. Abandoned Sign See Chapter Adult Bookstore See Adult Amendment , 18.780, Signs Entertainment-Related Amenity Abut Definitions Americans with Disabilities Abutting Lots Adult Entertainment- Act Accept Related Definitions Annexation Access • Adult Bookstore Antenna See also Chapter Accessory Building • Adult Motion Picture 18.798, Wireless Accessory Dwelling Unit See Theater Communication Facilities Dwelling-Related Definitions • Specified Anatomical Areas Apartment See Dwelling- Accessory Structure Related Definitions Acre • Specified Sexual Activities Appeal Active Use Facilities See Adult Motion Picture Applicant Open Space Facility-Related Theater See Adult Application Definitions Entertainment-Related Approval Authority Addition Definitions Approved Plan Adjacent Lots See Abutting `A'-Frame Sign See Chapter Arcade See Design-Related Its 18.780, Signs Definitions Adjoining Lots See Abutting Aisle Archaeological Site Lots Alley Area See Chapter 18.780, Administrative Action Alteration, Structural Signs Alternative Access • • J Argument See Section City Dedication,Fee In Lieu Of 18390.080, General City Engineer Deed i Provisions City of Tigard Demolish Assessed Valuation City Recorder Density Attached Dwelling See Collocation See Chapter Density Bonus Dwelling-Related Definitions 18.798, fireless Density Transfer Awning See Design-Related Communication Facilities Design-Related Definitions Definitions Column See Design-Related • Arcade Awning Sign See Chapter Definitions • Awning 18.780, Signs Commercial Forestry See Balloon See Chapter 18.780, Chapter 18.790, Tree • Band Signs Removal • Bay Band See Design-Related Commission • Belt Course Definitions Common Wall • Canopy Banner See Chapter 18.780, Complete and Entire • Chamfer Signs Complex • Column Base Flood See Flood-Related Comprehensive See Definitions Comprehensive Plan-Related • Cornice Basement Definitions • Eaves Bay See Design-Related Comprehensive Plan- • Entry Definitions Related Definitions • Frieze Belt Course See Design- • Comprehensive • Marquee Related Definitions • Generalized • Medallion Bench Sign See Chapter • Land 18.780, Signs • Parapet • Plan Coordination - Berm • Pilaster Bike Lane Conditional Use • String Course Bikeway Construct See Chapter • Transom Billboard See Chapter 18.780, 18.780, Signs Contiguous • Turret Signs Buildable Area Contiguous Lots See •Visible Transmittance Building Abutting Lots Detached Dwelling See Building Envelope Corner Lot See Lot-Related Dwelling-Related Definitions Building,Primary Definitions Development Building Height Corner Side See Yard-Related Development Adjustment See Building Official; See also Definitions Section 18370.020, Chapter 18.780, Signs Cornice See Design-Related Adjustments Building Permit Definitions Development Review See Business See Chapter 18.780, Council Chapter 18.780, Signs Signs Covered Soil Area See Development Site Caliper Landscaping-Related Definitions Directional Sign See Chapter Canopy See Design-Related Cul-de-sac 18.780, Signs Definitions Cultural Institution Auxiliary Director Canopy Cover See Chapter Sign See Chapter 18.780,Signs Display Surface See Chapter 18.790, Tree Removal Cutout See Chapter 18.780, 18.780, Signs Chamfer See Design-Related - Signs Drainage Way Definitions Dedication Drive-Through Facility Change of Use 1 • • Driveway Final Decision See Final Action Guyed Tower See Chapter Duplex See Dwelling-Related Final For Purposes Of Appeal 18.798, Wireless i Definitions See Section 18.390.080, Communication Facilities Dwelling See Dwelling-Related General Provisions Habitable Floor Area Definitions Final Order See Final Action Hazardous Tree See Chapter Dwelling-Related Definitions Findings 18.790, Tree Removal •Accessory Dwelling Unit Flag Lot See Lot-Related Home Occupation Definitions Homeowners Association •Apartment Household •Attached Dwelling Flashing Sign See Chapter 18.780, Signs Housing Complex See Chapter •Detached Dwelling Floodplain See Flood-Related 18.780, Signs • Duplex Immediate or Serious Danger Definitions •Dwelling Flood-Related Definitions See Chapter 18.780,Signs • Manufactured Home , •Base Flood Impact Analysis • Multiple-Family Dwelling • Floodplain Impervious Surface • Single-Family Dwelling • Floodwa Implementing Ordinance y Improved Lot See Lot-Related Easement • Floodway Fri Eaves See Design-Related y n g e Definitions_ Floodway See Flood-Related Improvement Definitions , Definitions Effective Date See Section Industrial Park See Chapter Floodway Fringe See Flood 18.780, Signs 18.390.080, General Provisions Related Definitions. Ingress Egress Floor Area Interior Lot See Lot-Related Electrical Sign See Chapter Floor Area Ratio 18.780, Signs Definitions Flush Pitched Roof Sign See Land See Comprehensive Plan-. Electronic Information Sign Chapter 18.780, Signs See Chapter 18.780, Signs p Related Definitions Freestanding Sign See Chapter Land Form Alteration Enlargement 18.780, Signs n Landsca i Entry See Design-Related Landscaping Freeway Interchange See Landscaping-Related Definitions Chapter 18.780, Signs Definitions Entryway Sign See Chapter Freeway-Oriented Sign See 18.780, Signs y • Covered Soil Area Chapter 18.780, Signs • Open Soil Evidence See Section P Frieze See Design-Related 18.390.080, General Provisions • Root Paths Definitions Exception Front See Yard Related • Soil Volume Calculations FAA See Chapter 18.798, Definitions Lattice Tower See Chapter Wireless Communication Frontage See also Chapter 18.798, Wireless Facilities 18.780, Signs Communication Facilities Face Lawn Sign See Chapter 18.780, Front Lot Line See Lot-Related Face of a Building See Chapter Signs 18.780, Signs Definitions Legal Entity See Chapter FCC See Chapter 18.798, Garage Generalized See Comprehensive 18.780, Signs, `Business" Wireless Communication Legislative Plan-Related Definitions Facilities Lighting Methods See Chapter Fence,Sight-Obscuring Glare 18.780, Signs Final Action Loading Area See Loading Space • • • Loading Space Marquee See Design-Related • Passive Use Facilities Lot See Lot-Related Definitions Definitions Oregon Administrative Rules i Lot Area See Lot-Related Medallion See Design-Related Oregon Revised Statutes Definitions Definitions Outdoor Storage Lot Averaging See Lot-Related Minimal Use Facilities See Open Owner Definitions Space Facility-Related Painted Wall Decorations See Lot Coverage See Lot-Related Definitions Chapter 18.780, Signs Definitions Mitigation Painted Wall Highlights See Lot Depth See Lot-Related Mixed Solid Waste See Chapter Chapter 18.780, Signs . Definitions 18.755,Mixed Solid Waste Painted Wall Sign See Chapter Lot Line See Lot-Related And Recyclable Storage 18.780, Signs Definitions Mixed-Use Development Parapet See Design-Related Lot Line Adjustment See Lot- Mobile Home Definitions Related Definitions Mobile Home Park Park Lot of Record See Lot-Related Mobile Home Subdivision Parking Space Definitions Monopole See Chapter Partition . Lot-Related Definitions 18.798, Wireless Party • Corner Lot Communication Facilities Passive Use Facilities See Open • Flag Lot Moving Sign See Chapter Space Facility-Related 18.780, Signs Definitions • Front Lot Line Multiple-Family Dwelling See Perimeter • Improved Lot Dwelling-Related Definitions Permitted Use • • Interior Lot Multi-Unit Residential Person See also Chapter 18.780, • Lot Building See Chapter 18.755, Signs • Lot Area Mixed Solid Waste And Pilaster See Design-Related • Lot Averaging Recyclable Storage Definitions • Lot Coverage Neighborhood Activity Center Plan Coordination See • Lot Depth Noise Comprehensive Plan-Related Nonconforming Sign See Definitions • Lot Line Chapter 18.780, Signs Plat d Lot Line Adjustment Nonconforming Situation Premises See Chapter 18.780, • Lot of Record Non-Residential Building See Signs • Lot Width Chapter 18.755,Mixed Solid Projecting Sign See Chapter • Rear Lot Line Waste And Recyclable Storage 18.780, Signs • Side Lot Line Non-Structural Trim See Projection See also Chapter • Substandard Lot Chapter 18.780, Signs 18.780, Signs • Tax Lot Occupancy Permit Provider See Chapter 18.798, • Through Lot Off-Site Impact Wireless Communication • Zero Lot Line Off-Site Improvement Facilities Lot Width See Lot Related Open Soil See Landscaping- Pruning See Chapter 18.790, Definitions Related Definitions Tice Removal Maintenance See Chapter Open Space Facility-Related Public Business Day 18.780, Signs Definitions Public Support Facilities Manufactured Home See • Active Use Facilities Quasi-Judicial Dwelling-Related Definitions 0 Minimal Use Facilities • i Reader-Board Sign See Chapter Soil Volume Calculations See Traffic Flow Plan 18.780, Signs Landscaping-Related Definitions Transom See Design-Related i Rear See Yard-Related Definitions Source-Separated Recyclable Definitions Rear Lot Line See Lot-Related See Chapter 18.755,Mixed Tree See also Chapter 18.790, Definitions Solid Waste And Recyclable Tree Removal Receipt Storage Turret See Design-Related Recreational Vehicles Special Adjustments,See Section Definitions Remodel 18.370.020,Adjustments Uniform Building Code See Removal See Chapter 18.790, Specified Anatomical Areas See Chapter 18.780, Signs Tree Removal Adult Entertainment-Related Use Reserve Strip Definitions • Vehicle Parking Space Residence Specified Sexual Activities See Visible Transmittance See Residential Trailer Adult Entertainment-Related Design-Related Definitions Responsible Party,See Section Definitions Vision Clearance Area 18.230.030,Penalty Storage Area See Chapter Visual Obstruction Revolving Sign See Chapter 18.755,Mixed Solid Waste Wall Sign See Chapter 18.780, 18.780, Signs And Recyclable Storage Signs Right-of-Way Story Wetlands Road Story, First Will Roof Story,Half Window Roof Line See Chapter 18.780, Street Wireless Communication Signs Street,Private Facility See Chapter 18.798, Roof Sign See Chapter 18.780, Street,Public Wireless Communication Signs String Course See Facilities Design Related Wireless Communication Root Paths See Landscaping- Definitions Facility,Attached See Related Definitions Structural Alteration See Rotating Sign See Chapter Chapter 18.780, Signs Chapter 18.798, Wireless 18.780, Signs Structure Communication Facilities Wireless Communication Sensitive Lands See Chapter Subdivision Transmissions Towers See 18.790, Tree Removal Substandard Lot See Lot-Related Chapter 18.798, Wireless Setback Definitions Communication Facilities Shopping Center See Chapter Substantial Improvement ' Yard See Yard-Related D finitions 18.780, Signs Surface Street See Chapter Yard-Related Definitions Shopping Plaza See Chapter • 18.780;Signs • Corner Side 18.780, Signs Tax Lot See Lot-Related Side See Yard-Related Definitions • Front Definitions Side Lot Line See Lot-Related Temporary Sign See Chapter • Rear De fi nitions 18.780, Signs • Side Sign See Chapter 18.780, Signs Temporary Use • Yard Sign Structure See Chapter Tenant Sign See Chapter 18.780, Zero Lot Line See Lot-Related 18.780, Signs Signs Definitions Single-Family Dwelling See Through Lot See Lot-Related Zoning District Dwelling-Related Definitions Definitions Site Tigard-Based Nonprofit Slope Organization • • "'^TAT .0 e `b ..vdy-r ut,..:a.Yl ..4+- r..•x ice..... ... ._ .... ... • v_.♦ ,. .. Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or major modification of an approved plan or existing development, as defined in Section 18.360.020.A, shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. B. Minor modifications. Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060, shall be processed as a Type I procedure;as governed by Section 18.390.030, using approval criteria contained in Section 18.360.060. C. Approval period. Site development review approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. The site development review approval by the Director shall lapse if: 1. Substantial construction of the approved plan has not begun within a one-and-one-half years period; or 2. Construction on the site is a departure from the approved plan. D. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year;provided that: 4- a. No changes are made on the original site development review plan as approved by the Director; b. The applicant can show intent of initiating construction on the site within the one-year extension period;and - 3: e. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Site Development Review lapsing between July 1. 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. E. Phased development. • • 1. The Director shall approve a time schedule for developing a site in phases over a period of time of one year,but in no case shall the total time period for all phases be greater than three years without reapplying for site development review. 2. The criteria for approving a phased site development review proposal is that all of the following are satisfied: a. The public facilities are constructed in conjunction with or prior to each phase; b. The development and occupancy of any phase is not dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard; c. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal; and d. The Director's decision may be appealed as provided by Section 18.390.040.G. No notice need be given of the Director's decision. 3. The Director may waive or modify the approval period for projects within the Washington Square Regional Center in accordance with Section 18.630.020.C. (Ord. 09-13) 18.420 LAND PARTITIONS 18.420.030 Approval Process A. Decision-making process. The Director shall approve, approve with conditions or deny an application partition, which shall be reviewed by means of a Type II procedure, as governed by Chapter 18.390,using approval criteria contained in Section 18.420.050. B. Time limit on approval. The partition approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. C. Lapsing of approval. The partition or approval by the Director shall lapse if: 1. The partition has not been recorded or has been improperly recorded with Washington County without the satisfactory completion of all conditions attached to the approval; 2. The final recording is a departure from the approved plan. D. Extension. • • 1. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: J a. No changes are made on the original plan as approved by the Director; b. The applicant can show intent of recording the approved partition or lot line adjustment within the one-year extension period; and c. There have been no changes in the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Land Partitions lapsing between July 1. 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. 18.430 SUBDIVISIONS 18.430.030 Approval Process A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.040. An application for subdivision may also be reviewed concurrently with an application for a planned development, as governed by Chapter 18.350. B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria contained in Section ,18.430.070. C. Approval period. Preliminary plat approval by the Approval Authority shall be effective for a period of 1-1/2 years from the date of approval. The preliminary plat shall lapse if: 1. A final plat has not been submitted within a 1-1/2 year period;or 2. The final plat does not conform to the preliminary plat as approved or approved with conditions. C. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant one extension of the approval period not to exceed one year;provided that: a. No changes are made on the original preliminary plat plan as approved; b. The applicant has expressed written intent of submitting a final plat within the one-year extension period; • • c. There have been no changes to the applicable ordinance provisions on which the approval was based; and 4-7 d. An extension of time will not preclude the development of abutting properties. 2. Approval periods for Subdivisions lapsing between July 1, 2008 and December 31, 2010 shall be automatically extended through December 31, 2011. No further extensions will be granted. E. Phased development. 1. The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat; 2. The criteria for approving a phased site development review proposal are: a. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: (1) For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable City or district standard; and (2) The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. 3. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. (Ord. 09-13) • • a U.S. Att • arty/Planning C E ' RE' DGA201600001 CI (Dom:. � Land Use Approval Extens. ns ided) O For del I "Notice of Adoption" om0 0.FFICIAL USE r_q 43 Postage $ C 0 Gym©�� ? R \� ft 1 Certified Fee cr 4 > a • 0 Pgspgant 0 I= Return Receipt Fee - 9� �((§§((�8 D Q (Endorsement Required) t �) O I� Restricted Delivery Fee G O (Endorsement Required) SpS d�� H7N rq co Total Postage&Fees rU / Sent To ' cO ATTN: PLAN AMENDMENT SPECIALIST CI bYieeG ApE70oj Oregon Dept.of Land Conservation&Development r- or PO Box No. 635 Capital Street NE,Suite 150 City,State,DR./ m - -- Sale ,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 item 4 if Restricted Delivery is desired. -`invA-wr _ ❑Agent • Print your name and address on the r- �f� • Addressee so that we can return the card to you. B. Rec 've• ted lame) C. Date of Delivery • Attach this card to the back of the mailpiece, . a 1-� C or on the front if space permits. L_ \ J D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No ' ATTN: PLAN AMENDMENT SPECIALIST ■ ' Oregon Dept.of Land Conservation&Development 635 Capital Street NE,Suite 150 3. Service Type Salem,OR 97301-2540 ' Ctt Certified Mail ❑Express Mail - - - ❑Registered ❑Retum Receipt for Merchandise ; ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 1 • (T r a n s f e r f r o m s e r v i c e l a b e l) I 7 0 0 8 2 810 0001 3 8 31 9030 ' PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-154o • ._I • • City Attorney Ramis said it would be useful to him and to the City staff if the City Council would take some time to describe those questions the Council members would like to have answered about these resolutions. If there are particular cases,concerns,or examples that the City Council members are concerned about,to give those examples so staff would have some structure to base the response. Mayor Dirksen said the only outstanding issue in this case is the letter brought up by Mr. Roth and confirm whether there was a subsequent letter that corrected that issue. This could be done after this district is closed. Councilor Buchner said there is some misinformation about the residential program. It does not come up often,because the vast majority of the fees have been under$15,000. The issue of when the deferral is triggered needs to be resolved. City Attorney Ramis said the resolution states that an agreement must be entered into that the obligation to,in the future,pay the deferred amount applies to the property owners or their successors. It implies that the obligation can continue. The contract is recorded and,apparently,runs with the land. g. 8:57:07 PM Mayor Dirksen closed the public hearing. h. City Council Consideration: Resolution No. 10-20 Motion by Council President Wilson,seconded by Councilor Webb,to adopt Resolution No. 10-20. RESOLUTION NO. 10-20—A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 46 (SW BAYLOR STREET AND 72ND AVENUE)AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO.09-57 The motion was approved by a majority vote of Council Present Mayor Dirksen Yes Council President Wilson Yes *Councilor Buehner Abstain Councilor Henderson Yes Councilor Webb Yes *Councilor Buehner advised the Mayor she was abstaining because she could not vote effectively in the current situation. 8:58:22 7. LEGISLATIVE PUBLIC HEARING(CONTINUED FROM APRIL 13,2010)—CONSIDER A CODE AMENDMENT TO EXTEND LAND USE APPROVALS (DCA2010-00001) a. Mayor Dirksen announced the continuation of the public hearing. b. City Attorney Ramis advised this is a continuation of the hearing;hearing procedures are those that were announced for this matter on April 13,2010. c. Declarations or Challenges TIGARD CITY COUNCIL-April 27,2010 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov ( Page 10 of 14 • • d. Staff Report: 8:58:58 PM Associate Planner Caines reviewed the staff report and recapped what has occurred to date. Staff has come to the City Council requesting extend land use approvals that were lapsing between July 1,2008, and December 31,2011 to December 31,2012. The second component of the amendment is to create a new CDC chapter that lists all defined terms founds in the Community Development Code. Planning Commission held a public hearing on March 1,2010 on this matter. There was no testimony supporting or opposing the proposed amendment. The Planning Commission voted unanimously(9-0) to recommend the amendment of the Code as proposed. Between the Planning Commission hearing and the first hearing scheduled for the City Council meeting of April 13,it became clear to staff that future code amendments could have a significant impact on development and how development looks in the future. Staff came to City Council during a study session meeting with an update Council to let them know of this concern and that this had not been discussed at the Planning Commission hearing. At the City Council hearing on April 13,2010,the staff report was presented. Four people testified in favor of the proposed amendment and City Council decided,after hearing the public testimony and noting the concerns brought forward in the workshop, to explore some alternative approaches during a workshop that was held on April 20t. The hearing tonight is a continuation of the hearing begun on April 13,2010. During the April 20 workshop meeting,staff presented options to the City Council. Council members discussed the proposed options and made changes to one of the recommendations. Based on that discussion and recommendation,staff prepared an ordinance reflecting the changes for City Council consideration. She outlined the recommended changes. 9:02:14 PM Association Planner Gaines advised that after the first public hearing,staff received an April 14,2010, email from John Frewing regarding this issue. City Council has been made aware of this testimony and Association Planner Caines introduced the communication into the record. e. Public Testimony 9:02:55 PM Ernie Platt,representing the Homebuilders Association testified; 15555 SW Bangy Road,Lake Oswego OR. He said based on the comments of this evening and those comments contained in the staff report, he said he would have preferred a uniform extension of all categories of land use,but this is still an acceptable resolution to the situation. f. Staff Recommendation: Association Planner Caines said staff is forwarding the Planning Commission's recommendation to approve the requested Development Code Amendments. Councilor Buehner asked if the proposed ordinance before the City Council is the item the City Council discussed with modification to Option 2,which is different from the Planning Commission. Association Planner Caines said this is the modified ordinance and clarified that staff is recommending that Council approve the ordinance that is before them tonight. g. Council Discussion Mayor Dirksen advised that the ordinance before the City Council is Ordinance No. 10-07,which has been modified with respect to Option 2. Assistant Community Development Director Hartnett said the material the City Council received tonight is consistent with the direction given by City Council at last week's workshop. If this is what the City Council wants to do,then she suggested the motion be to TIGARD CITY COUNCIL-April 27, 2010 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 11 of 14 approve the ordinance as modified. Assistant Community Development Director Hartnett said the staff recommendation is for approval of the Planning Commission's recommendation,which was brought to the City Council on April 13,2010. Councilor Henderson asked for clarification on the proposed ordinance's effect. Association Planner Caines clarified the extension dates,which vary depending on the application. Most will expire in 2010 and have gone through extension requests. The language is broad to include all applicable development applications made in the time period affected by the recession and to extend those to December 31, 2011. h. Mayor Dirksen closed the public hearing. Council Consideration: Ordinance No. 10-07 Mayor Dirksen suggested wording for a motion. Association Planner Gaines clarified that the proposed ordinance before the City Council is set forth to have subdivisions only extended to 2011. Motion by Councilor Buehner, seconded by Councilor Webb,to adopt Ordinance No.10-07 in the format provided this evening from staff. ORDINANCE NO. 10-07—AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE(DCA 2010-00001) CHAPTERS 18.360 SITE DEVELOPMENT REVIEW, 18.420 LAND PARTITIONS,AND 18.430 SUBDIVISIONS TO EXTEND LAND USE APPROVALS AND ADD A NEW CHAPTER 18.115 LIST OF TERMS,THAT LISTS ALL DEFINED 1'lRMS FOUND IN THE DEVELOPMENT CODE. The motion was approved by a unanimous vote of Council present: Mayor Dirksen: Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Yes Councilor Webb Yes 8. COUNCIL GOAL UPDATE 9:09:20 PM Assistant City Manager Newton reviewed the progress on goals. A copy of the report is on file in the City Recorder's office. 9. COUNCIL LIAISON REPORTS Councilor Buehner gave a report on a workshop she attended last week of all the experts involved in advising what kind of water treatment process would be appropriate. By the end of the day,after detailed analyses of the pros and cons of 17 options, the options were limited to six proposals to be carried forward for further discussion at the next workshop. The big issue is to determine whether to use a membrane-type treatment system. It was decided that with the costs and needs of the area,there was no need to look at that type of methodology. They are only going to consider a basic treatment process. In response to a question from Councilor Henderson,Councilor Buehner advised the options for treatment are much more sophisticated than what exists now at the treatment plant. When the new plant comes on line,only TIGARD CITY COUNCIL—April 27, 2010 City of Tigard J 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 ( www.tigard-or.gov I Page 12 of 14 • AGENDA ITEM No 7 • Date: . April 27, 2010. • • 'TESTIMONY SIGN-UP SHEETS •Please sign'on the following page(s) if you wish to testify before City Council on LEGISLATIVE PUBLIC HEARING - - (Continued from April 13, 2010) DEVELOPMENT CODE AMENDMENT(D;CA)2010-00001 . LAND USE APPROVAL EXTENSIONS . _.._ REQUEST: The Community Development Director requests a development code amendment to amend the text of the Site Development Review(18:360),Land Partitions-(18.420)', and Subdivision (18.430) Chapters of the Tigard Community Development Code(TDC)extending land use decisions With approval periods lapsing between July 1,2008 and December 31,201L The approval period will be :. ,extended through December 31,:2012. In addition,a new chapter is proposed (List • of Terms_18.115) that lists all defined terms within the TDC. LOCATION: Citywide: .COMPREHENSIVE PLAN DESIGNATION:: Not applicable. `ZONE: .. • _- .. . Not,applicable. APPLICABLE REVIEW CRITERIA: Community'Development, Code Chapters 18:360, 18.380, 18:390, 18.420, and 18.430; Comprehensive Plan.Goals • • 1, Public Involvement; Goal 2,Land Use Planning; Goal 9,Economic Development; Goal 10,Housing; and Statewide Planning Goals 1, 2,9 and 10. • , This.is a City of Tigard ublicnee ,•sub 1 ect to the State of Ore g on's.public meeting and records laws. All written and oral testimony become part of the public record and is openly ' ,. .I available to all members of the public. The names and ad'dres`ses ofpersons who attend or participate in City of Tigard public meetings will be iricluded'in the meeting minutes, - which is a public record Due to Time Constraints City Council has Imposed a Five-minute Time Limit -on Testimony - • • • AGENDA ITEM No. 7 April 27,2010 PLEASE PRINT 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. Proponent–(Speaking In F a v o r) .. .. Opponent-(Speaking Against) .. ... ...... Neutral.._. . .. _ . .. .. Name,Address&Phone o. Name,Address&Phone No. Name,Address&Phone No. &rm /q HeAmoo 5575-5- sui R, �oQ7O3S Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Co,rn ent,,A it 'P1 SA-W/7 — Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. . .. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. • • 114 City of Tigard Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE: April 27, 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 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA CABT.F,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—April 27, 2010 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 www.tigard-or.gov I Page 1 of 4 • • City of Tigard Tigard Business Meeting - Agenda :T I GARDx TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) CITY CENTER DEVELOPMENT AGENCY(CCDA) MEETING DATE/TIME: April 27, 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 • Discuss Upcoming Urban Growth Boundary Expansion Methodology and Local Government Input o Community Development Department • Administrative Items • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss potential litigation ORS 192.660(2)(h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order- City Council&Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications &Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. PROCLAMATIONS—Mayor Dirksen 1.1 Stand Against Racism Day—April 30,2010 1.2 Be Kind to Animals Week—May 2-8, 2010 7:45 PM 3. CITIZEN COMMUNICATION (Two Minutes or Less,Please) • Tigard Chamber of Commerce Chief Executive Officer Debi Mollahan • Follow-up to Previous Citizen Communication • Citizen Communications Sign Up Sheet TIGARD CITY COUNCIL-April 27, 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 • i • 7:55 PM I 4. 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: 4.1 Approve Council Meeting Minutes a. January 26, 2010 4.2 Receive and File: a. Lake Oswego and Tigard City Councils Joint Meeting Minutes of January 11,2010 4.3 Approve Application to the Department of Justice for a Strategic Enhancement Monitoring Program Grant • 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/Local Contract Review Board/City Center Development Agency has voted on those items which do not need discussion. 7:50 PM 5. INFORMATIONAL PUBLIC HEARING — FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 45 (SW HOODVIEW) a. Open Public Hearing b. Review Hearing Procedures—City Attorney c. Declarations or Challenges d. Staff Report: Community Development Depaiuthent e. Public Testimony f. Staff Recommendation g. Council Discussion h. Close Public Hearing i. City Council Consideration: Resolution No. 10- 8:05 PM 6. INFORMATIONAL PUBLIC HEARING — FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 46 (SW BAYLOR—72ND) a. Open Public Hearing b. Review Hearing Procedures—City Attorney c. Declarations or Challenges d. Staff Report: Community Development Department e. Public Testimony f. Staff Recommendation g. Council Discussion h. Close Public Hearing i. City Council Consideration: Resolution No. 10- TIGARD CITY COUNCIL-April 27, 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 8:20 PM 7. LEGISLATIVE PUBLIC PARING (CONTINUED FROM APR913, 2010) — CONSIDER A CODE AMENDMENT TO EXTEND LAND USE APPROVALS (DCA2010-00001) a. Continue Public Hearing b. Review Hearing Procedures: City Attorney c. Declarations or Challenges d. Summation by Community Development Department e. Public Testimony f. Staff Recommendation g. Council Discussion h. Close Public Hearing i. Council Consideration: Ordinance No. 10- 9:25 PM 8. COUNCIL GOAL UPDATE • Administration Department 9:40 PM 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9:45 PM 12. ADJOURNMENT I:\ADM\CATHY\CCA\2010\1 00427.doc TIGARD CITY COUNCIL-April 27, 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 M_ r • • Agenda Item# • Meeting Date , April 27,2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard,Oregon Issue/Agenda Title Development Code Amendment (DCA2010-00001) to Ext- .d Land Use Approvals Prepared By Cheryl Caines Dept Head Approval: /1/ k. 'ity Mgr Approval: ISSUE BEFORE THE COUNCIL Depending on the outcome of the April 20, 2010 Workshop, City Council may approve, modify, or reject an amendment to the Tigard Community Development Code (l'UC) that automatically extends land use approvals lapsing between July 1,2008 and December 31,2011 until December 31,2012 and creates a new code chapter (18.115) that will list all defined terms found in the TDC. STAFF RECOMMENDATION Staff forwarded the Planning Commission's recommendation to approve the requested Development Code Amendment at a public hearing on April 13,2010. KEY FACTS AND INFORMATION SUMMARY ♦ The City is considering a code amendment to extend land use approvals for Site Development Reviews, Subdivisions, and Minor Land Partitions (DCA2010-00001). This amendment is proposed as a means to respond to the economy. ♦ Planning Commission held a public hearing on March 1, 2010 to discuss the amendment. No one testified in favor or opposition of the amendment. The Commission voted 9-0 to recommend approval of the amendment as proposed. ♦ Staff briefed Council on March 30, 2010 about possible effects upcoming legislation may have upon development and subdivision regulations that were not anticipated when the Planning Commission heard this matter in early March. • At the workshop City Council determined that more time was needed to review the topic and that another workshop was needed to discuss alternative approaches after hearing staff's presentation and public testimony at the scheduled April 13th public hearing. • At the April 13th hearing, Council asked staff for information on approaches used within other jurisdictions, if the proposed code could be easily modified to only include certain types of approvals, and whether there was a way to review these approvals considering new code standards through a lesser review process. • Four proponents testified (Ernie Platt of the Home Builders Association,Jeff Smith of J.T. Smith Companies,John Wyland of J. T. Smith Companies, and Jim Lampus of TLB, LLC). All are applicants or represent applicants who will be affected by the proposed code amendment. The testimony was generally supportive of the amendment as proposed. One applicant also noted that requiring a review for extensions opens up the applicant to more appeals, and lenders and appraisers no longer consider the original approval valid for financing purposes. • • ♦ The hearing was held open and continued to April 27th to get further public testimony on any alternative approaches. ♦ Prior to the April 27th continuance, a Council workshop was held (April 20th) to receive the information requested of staff and to discuss the alternative approaches. OTHER ALTERNATIVES CONSIDERED None,but more information may be provided in the Friday Council newsletter. CITY COUNCIL GOALS Not directly applicable to current or long-term Council goals. ATTACHMENT LIST None at this time. Attachments may be provided in the Friday Council newsletter based upon discussion at the April 20, 2010 hearing. FISCAL NOTES By extending existing approvals,there is the potential for loss of fees from new application submittals. I i II Ili Illi MEMORANDUM TIGARD TO: File DCA2010-00001 ' FROM: Cheryl Gaines,Associate Planner RE: Revised Ordinance and Code Language Code Amendment to Extend Land Use Approvals (DCA2010-00001) DA'Z'E: 4/27/10 As requested by City Council, Staff presented options at the April 20, 2010 workshop for the proposed code amendment to extend approvals for previously approved Site Development Reviews, Land Partitions, and Subdivisions until December 31, 2012. Four options were presented: Option 1: As recommended by Planning Commission, extend Partitions (MLP), and Subdivisions (SUB), and Site Development Reviews (SDR) until December 31, 2012. Option 2: Extend MLPs and SUBs only until December 31, 2011 and SDRs until December 31, 2012. Option 3: Extend SDRs until December 31, 2012 and not extend SUBs or MLPs. Option 4: Do not extend any land use approvals. The City Council discussed the options presented and favored Option 2 with one revision— to only shorten the extension time for Subdivision approvals. Councilor Buehner suggested Land Partitions be grouped with Site Development Reviews instead of Subdivisions since Partitions are typically "Mom & Pop" developers who may be hit harder by the recession than larger development companies. Attached please find a revised ordinance and code language that reflects the City Council's recommendations. Subdivisions are extended through December 31, 2011 and Land Partitions and Site Development Reviews are extended through December 31,2012. SUPPLEMENTAL PACKET FOR `-/ D7'/b (DATE OF MEETING) ..,- --,,,, 7 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL • ORDINANCE NO. 10- AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE (DCA2010-00001) CHAPTERS 18.360 — SI'1'E DEVELOPMENT REVIEW, 18.420 — LAND PARTITIONS, AND 18.430 — SUBDIVISIONS TO EXTEND LAND USE APPROVALS AND ADD A NEW CHAPTER (18.115 — LIST OF TERMS) THAT LISTS ALL DEFINED 'TERMS FOUND IN THE DEVELOPMENT CODE. WHEREAS, the Community Development Director, in response to public request, initiated the Development Code Amendment to extend land use approvals for Subdivisions with approvals lapsing between July 1, 2008 and December 31, 2010 and Site Development Reviews and Land Partitions with approvals lapsing between July 1, 2008 and December 31, 2011 as a response to the economic downturn; and WHEREAS, these Subdivision approvals will be extended through December 31, 2011 and these Site Development Review and Land Partition approvals will be extended through December 31, 2012 to allow more time to construct developments once the economy improves; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing; and WHEREAS, the Tigard Planning Commission held a public hearing on March 1, 2010, and recommended approval of the proposed amendment with a 9-0 vote; and WHEREAS, notice of the public hearings was published in the Tigard Times Newspaper at least 10 business days prior to the public hearings; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the applicable review criteria: Community Development Code Chapters 18.380, and 18.390; Comprehensive Plan Goal 1, Public Involvement, 2, Land Use Planning, 9.1, Economic Development, and 10.1, Housing; and Statewide Planning Goals 1, 2, 9 and 10; and WHEREAS, the Tigard City Council held a public hearing on April 13, 2010 and April 27, 2010 to consider the proposed amendments; and ORDINANCE No. 10- Page 1 WHEREAS, the Tigard City cal has determined that the proposillevelopment code amendment is consistent with the applicaMire review criteria, and that approving 7e request would be in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: The findings in the February 19, 2010 Staff Report to the Planning Commission and the Minutes of the March 1, 2010 Planning Commission hearing are herby adopted as support for the Planning Commission's recommendation to Council. SECTION 3: City Council amended the Planning Commission's recommendation through the public hearing process. The Minutes of the March 30, 2010 and April 20, 2010 Council Workshop meetings and the Minutes of the April 13, 2010 and April 27, 2010 public hearings are hereby adopted in explanation of the Council's decision. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2010. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2010. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE No. 10- Page 2 - EXHIBIT A e • ____. J ,.2 x .4 "T 'sue d 04."- .a.,v ca s ,. �. ' Y�'x ,cct:s,•s:,:q ri n a rl..> nyr._:Cn r'4Efr_ "-six` f�. �+t>'� Yl~ •r♦ � �ist���s �„-�Y.� �„� "3""�'�e � �� ��j��.�s , � r,®, V 010 uguo i - a r� ; -��� it, '� � :�a fir, "k�?.'a t?,ts'.'°�' x.✓.����+�� '��.i„�e:���s��' ti��:. i�4{��� y x i w‘X-7-41,.i5. f''s.- N, r`-. 3 Q '.4.1,-...% 'f $-'.3 2 > gym. v ..i� r v,„ 1/4t t r at;`T. 's jy,i ) ILM 4'k " g sa A Ya a r*s ur s f '-'k .NTH t �dNt'I fr l = rg-4..�..'lnai{:'�.'�:�.3.*kf�v.`.�; r'([(:�t3,r'•$f.8. .e=, r�. ,.:�1� �rN..+'".�. '?zr4�..a.�-:�.+:i�i::�d.:i4.�7.�.�'s.�::h`�` Introduction The proposed development code amendment (DCA2010-00001) is to create a new chapter that lists all defined terms found in the Tigard Community Development Code (11)C). In addition an amendment is proposed to extend land use decisions (Site Development Reviews, Land Partitions, and Subdivisions) with approvals lapsing between July 1, 2008 and December 31, 2011 until December 31, 2012. Following please find the proposed code amendments,broken into two categories: I. New code sections— (18.115) II. Amendments to existing sections— (18.360, 18.420,& 18.430) Deletions to existing chapters indicated by striketkeetigh. Additions to existing chapters indicated by bold and underlined. No formatting differences for new ...» —.....,' ....,.. ; .r'�s .......chap..ters. �' S z n ( .. ,�,L<' l T ...� . t ...::.::��. � ,7s ..,.. , as, S:».. a .��°T � �.. f! I:�c s . 'W �" :s e-.V, jl t:w.g.t 4^V� � -� Fi 4w2. ,� .414,1 ti :3 w.s Chapter(18.115) List of Terms The following terms are defined in Chapter 18.120,Definitions,unless indicated otherwise. Abandoned Sign See Chapter Adult Bookstore See Adult Amendment 18.780, Signs Entertainment-Related Amenity Abut Definitions Americans with Disabilities Abutting Lots Adult Entertainment- Act Accept Related Definitions Annexation Access •Adult Bookstore Antenna See also Chapter Accessory Building • Adult Motion Picture 18.798, Wireless Accessory Dwelling Unit See Theater Communication Facilities Dwelling-Related Definitions • Specified Anatomical Areas Apartment See Dwelling- Accessory Structure Related Definitions • Specified Sexual Activities Acre Appeal Active Use Facilities See Adult Motion Picture Applicant Open Space Facility-Related Theater See Adult Application Definitions Entertainment Related Approval Authority Addition Definitions Approved Plan Adjacent Lots See Abutting `A'-Frame Sign See Chapter Arcade See Design-Related Lots 18.780, Signs Definitions Adjoining Lots See Abutting Aisle Archaeological Site Lots Alley Area See Chapter 18.780, Administrative Action Alteration, Structural Signs Alternative Access • • Argument See Section City Dedication,Fee In Lieu Of 18.390.080, General City Engineer Deed Provisions City of Tigard Demolish Assessed Valuation City Recorder Density Attached Dwelling See Collocation See Chapter Density Bonus Dwelling-Related Definitions 18.798, Wireless Density Transfer Awning See Design-Related Communication Facilities Design-Related Definitions Definitions Column See Design-Related • Arcade Awning Sign See Chapter Definitions 18.780, Signs Commercial Forestry See • Awning Balloon See Chapter 18.780, Chapter 18.790, Tree • Band • Signs Removal • Bay Band See Design-Related Commission • Belt Course Definitions Common Wall • Canopy Banner See Chapter 18.780, Complete and Entire • Chamfer Signs Complex Base Flood See Flood-Related Comprehensive See • Column Definitions Comprehensive Plan-Related • Cornice Basement Definitions • Eaves Bay See Design-Related Comprehensive Plan- • Entry Definitions Related Definitions • Frieze Belt Course See Design- • Comprehensive • • Marquee Related Definitions Generalised • Medallion Bench Sign See Chapter • Land 18.780, Signs •Parapet • Plan Coordination Berm • Pilaster Conditional Use Bike Lane • String Course Bikeway Construct See Chapter Billboard See Chapter 18.780, 18.780, Signs •Transom Contiguous •Turret Signs Buildable Area Contiguous Lots See •Visible Transmittance Building Abutting Lots Detached Dwelling See Building Envelope Corner Lot See Lot-Related Dwelling-Related Definitions Building,Primary Definitions Development Building Height Corner Side See Yard-Related Development Adjustment See Building Official;See also Definitions Section 18.370.020, Chapter 18.780, Signs Cornice See Design-Related Adjustments Building Permit Definitions Development Review See Business See Chapter 18.780, Council Chapter 18.780, Signs Signs Covered Soil Area See Development Site Caliper Landscaping-Related Definitions Directional Sign See Chapter Canopy See Design-Related Cul-de-sac 18.780, Signs Definitions Cultural Institution Auxiliary Director Canopy Cover See Chapter Sign See Chapter 18.780,Signs Display Surface See Chapter 18.790, Tree Removal Cutout See Chapter 18.780, 18.780, Signs Chamfer See Design-Related Signs Drainage Way Definitions Dedication Drive-Through Facility Change of Use • • • Driveway Final Decision See Final Action Guyed Tower See Chapter Duplex See Dwelling-Related Final For Purposes Of Appeal 18.798, Wireless Definitions See Section 18.390.080, Communication Facilities Dwelling See Dwelling-Related General Provisions Habitable Floor Area Definitions Final Order See Final Action Hazardous Tree See Chapter Dwelling-Related Definitions Findings 18.790, Tree Removal Flag Lot See Lot-Related Home Occupation •Accessory Dwelling Unit g Homeowners Association • Apartment Definitions Flashing Sign See Chapter Household • Attached Dwelling g Complex 18.780, Signs Housin C lex See Chapter • Detached Dwelling Floodplain See Flood Related 18.780, Signs • Duplex Immediate or Serious Danger Definitions •Dwelling Flood-Related Definitions See Chapter 18.780, Signs • Manufactured Home • Base Flood Impact Analysis • Multiple-Family Dwelling • Floodplain Impervious Surface • Single-Family Dwelling • Floodwa Implementing Ordinance Easement y Improved Lot See Lot-Related • Floodway Fringe Definitions Eaves See Design Related Floodway See Flood-Related Improvement Definitions p Definitions Industrial Park See Chapter Effective Date See Section Floodway Fringe See Flood 18.390.080, General Provisions y g 18.780, Signs Related Definitions Ingress Egress Floor Area Electrical Sign See Chapter Interior Lot See Lot-Related Floor Area Ratio Definitions 18.780,Signs Flush Pitched Roof Sign See Land See Comprehensive Plan-. Electronic Information Sign Chapter 18.780, Signs Si g See Chapter 18.780, Signs Related Definitions Freestanding Sign See Chapter Land Form Alteration Enlargement 18.780, Signs Landscaping Entry See Design-Related Freeway Interchan e See Definitions g Landscaping-Related Chapter 18.780, Signs Definitions Entryway Sign See Chapter Freeway-Oriented Sign See •Covered Soil Area 18.780, Signs Chapter 18.780, Signs Evidence See Section • Open Soil Frieze See Design-Related 18.390.080, General Provisions •Root Paths Definitions Exception Front See Yard Related • Soil Volume Calculations FAA See Chapter 18.798, Definitions Lattice Tower See Chapter Wireless Communication Frontage See alto Chapter 18.798, Wireless Facilities Communication Facilities Face 18.780, Signs Lawn Sign See Chapter 18.780, Face of a Building See Chapter Front Lot Line See Lot-Related Signs Definitions g 18.780,Signs Garage Legal Entity See Chapter FCC See Chapter 18.798, 18.780, Signs, `Business" Wireless Communication Generalized See Comprehensive Plan-Related Definitions Legislative Facilities Lighting Methods See Chapter Fence,Sight-Obscuring Glare 98,780, Signs Final Action Loading Area See Loading Space • • Loading Space Marquee See Design-Related • Passive Use Facilities Lot See Lot-Related Definitions Definitions Oregon Administrative Rules Lot Area See Lot-Related Medallion See Design-Related Oregon Revised Statutes Definitions Definitions Outdoor Storage Lot Averaging See Lot-Related Minimal Use Facilities See Open Owner Definitions Space Facility-Related Painted Wall Decorations See Lot Coverage See Lot-Related Definitions Chapter 18.780, Signs Definitions Mitigation Painted Wall Highlights See Lot Depth See Lot-Related Mixed Solid Waste See Chapter Chapter 18.780, Signs Definitions 18.755,Mixed Solid Waste Painted Wall Sign See Chapter Lot Line See Lot-Related And Recyclable Storage 18.780, Signs Definitions Mixed-Use Development Parapet See Design-Related Lot Line Adjustment See Lot- Mobile Home Definitions Related Definitions Mobile Home Park Park Lot of Record See Lot-Related Mobile Home Subdivision Parking Space Definitions Monopole See Chapter Partition Lot-Related Definitions 18.798, Wireless Party • Corner Lot Communication Facilities Passive Use Facilities See Open • Flag Lot Moving Sign See Chapter Space Facility-Related g 18.780, Sig ns • Front Lot Line Definitions Multiple-Family Dwelling See Perimeter • Improved Lot lateed Definitions Dwellin -R g Permitted Use • Interior Lot Multi-Unit Residential Person See also Chapter 18.780, • Lot Building See Chapter 18.755, Signs • Lot Area Mixed Solid Waste And Pilaster See Design-Related • Lot Averaging Recyclable Storage Definitions • Lot Coverage Neighborhood Activity Center Plan Coordination See • Lot Depth Noise Comprehensive Plan-Related • Lot Line Nonconforming Sign See Definitions Chapter 18.780, Signs Plat •Lot Line Adjustment Nonconforming Situation Premises See Chapter 18.780, • Lot of Record Non-Residential Building See Sins • Lot Width g Chapter 18.755,Mixed Solid Projecting Sign See Chapter •Rear Lot Line Waste And Recyclable Storage 18.780, Signs • Side Lot Line Non-Structural Trim See Projection See also Chapter • Substandard Lot Chapter 18.780, Signs 18.780, Signs • Tax Lot Occupancy Permit Provider See Chapter 18.798, • Through Lot Off-Site Impact Wireless Communication • Zero Lot Line Off Site Improvement Facilities Lot Width See Lot Related Open Soil See Landscaping- Pruning See Chapter 18.790, Definitions Related Definitions Tree Removal Maintenance See Chapter Open Space Facility-Related Public Business Day 18.780,Signs Definitions Public Support Facilities Manufactured Home See •Active Use Facilities Quasi Judicial Dwelling-Related Definitions • Minimal Use Facilities • • Reader-Board Sign See Chapter Soil Volume Calculations See Traffic Flow Plan 18.780,Signs Landscaping-Related Definitions Transom See Design-Related Rear See Yard-Related Definitions Source-Separated Recyclable Definitions Rear Lot Line See Lot-Related See Chapter 18.755,Mixed Tree See also Chapter 18.790, Definitions Solid Waste And Recyclable Tree Removal Receipt Storage Turret See Design-Related Recreational Vehicles Special Adjustments,See Section Definitions Remodel 18.370.020,Adjustments Uniform Building Code See Removal See Chapter 18.790, Specified Anatomical Areas See Chapter 18.780, Signs Tree Removal Adult Entertainment-Related Use Reserve Strip Definitions Vehicle Parking Space Residence Specified Sexual Activities See Visible Transmittance See Residential Trailer Adult Entertainment-Related Design-Related Definitions Responsible Party,See Section Definitions Vision Clearance Area 18.230.030, Penalty Storage Area See Chapter Visual Obstruction Revolving Sign See Chapter 18.755,Mixed Solid Waste Wall Sign See Chapter 18.780, 18.780, Signs And Recyclable Storage Signs Right-of-Way Story Wetlands Road Story,First Will Roof Story,Half Window Roof Line See Chapter 18.780, Street Wireless Communication Signs Street,Private Facility See Chapter 18.798, Roof Sign See Chapter 18.780, Street,Public Fireless Communication Signs String Course See Design-Related Facilities Root Paths See Landscaping- Definitions Wireless Communication Related Definitions Structural Alteration See Facility,Attached See Rotating Sign See Chapter Chapter 18.780, Signs Chapter 18.798, Wireless 18.780,Signs Structure Communication Facilities Sensitive Lands See Chapter Subdivision Wireless Communication Transmissions Towers See 18.790, Tree Removal Substandard Lot See Lot-Related Chapter 18.798, Wireless Setback Definitions Communication Facilities Shopping Center See Chapter Substantial Improvement Yard See Yard-Related Definitions 18.780,Signs Surface Street See Chapter Yard-Related Definitions Shopping Plaza See Chapter 18.780,Signs • Corner Side 18.780,Signs Tax Lot See Lot-Related • Front Side See Yard-Related De fi nitions Definitions Side Lot Line See Lot-Related •Rear Temporary Sign See Chapter Definitions 18.780, Signs •Side Sign See Chapter 18.780, Signs Temporary Use •Yard Sign Structure See Chapter Tenant Sign See Chapter 18.780, Zero Lot Line See Lot-Related 18.780,Signs Signs Definitions Single-Family Dwelling See Through Lot See Lot-Related Zoning District Dwelling-Related Definitions Definitions Site Tigard-Based Nonprofit Slope Organization • • • ��"��✓ 5,��b',^11 'CRX'`(0� y� ¢��E)�i.k ���� �n a rt'-tsT�rr`�lu�y��'�a'��S #r� fix,��;, '�t'.�,ss f�W�d';"`�"r�2��'ti";+,1""�.�h��`4�` �s.�"��`"�y.�e�.ia ��1� ,�..�.��U:T3'.�..._�.�.,... h`'�f+ml'--��Y.nY z r`��.:..�'�.�.:,'?'w�Wx�.�t+Y"=! "-.T.5`_si"C"�`�€+�".'w?f��_��?� �'rx>' f. 'fix ^rj•*t s"�`�� w��_ y '4"�r... . Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or major modification of an approved plan or existing development, as defined in Section 18.360.020.A, shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. B. Minor modifications. Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060, shall be processed as a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.360.060. C. Approval period. Site development review approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. The site development review approval by the Director shall lapse if 1. Substantial construction of the approved plan has not begun within a one-and-one-half years period; or 2. Construction on the site is a departure from the approved plan. D. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year;provided that: 4, a. No changes are made on the original site development review plan as approved by the Director; 2, b. The applicant can show intent of initiating construction on the site within the one-year extension period; and 3, c. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Site Development Review lapsing between July 1, 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. E. Phased development. • • 1. The Director shall approve a time schedule for developing a site in phases over a period of time of one year,but in no case shall the total time period for all phases be greater than three years without reapplying for site development review. 2. The criteria for approving a phased site development review proposal is that all of the following are satisfied: a. The public facilities are constructed in conjunction with or prior to each phase; b. The development and occupancy of any phase is not dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard; c. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal; and d. The Director's decision may be appealed as provided by Section 18.390.040.G. No notice need be given of the Director's decision. 3. The Director may waive or modify the approval period for projects within the Washington Square Regional Center in accordance with Section 18.630.020.C. (Ord. 09-13) 18.420 LAND PARTITIONS 18.420.030 Approval Process A. Decision-making process. The Director shall approve, approve with conditions or deny an application partition, which shall be reviewed by means of a Type II procedure, as governed by Chapter 18.390,using approval criteria contained in Section 18.420.050. B. Time limit on approval. The partition approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. C. Lapsing of approval. The partition or approval by the Director shall lapse if: 1. The partition has not been recorded or has been improperly recorded with Washington County without the satisfactory completion of all conditions attached to the approval; 2. The final recording is a departure from the approved plan. D. Extension. • • 1. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 4- a. No changes are made on the original plan as approved by the Director; 2, b. The applicant can show intent of recording the approved partition or lot line adjustment within the one-year extension period; and 33-. c. There have been no changes in the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Land Partitions lapsing between July 1, 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. 18.430 SUBDIVISIONS 18.430.030 Approval Process A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.040. An application for subdivision may also be reviewed concurrently with an application for a planned development, as governed by Chapter 18.350. B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.070. C. Approval period. Preliminary plat approval by the Approval Authority shall be effective for a period of 1-1/2 years from the date of approval. The preliminary plat shall lapse if: 1. A final plat has not been submitted within a 1-1/2 year period; or 2. The final plat does not conform to the preliminary plat as approved or approved with conditions. C. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant one extension of the approval period not to exceed one year; provided that: a. No changes are made on the original preliminary plat plan as approved; 2, b. The applicant has expressed written intent of submitting a final plat within the one-year extension period; • • 3: c. There have been no changes to the applicable ordinance provisions on which the approval was based; and 4- d. An extension of time will not preclude the development of abutting properties. 2. Approval periods for Subdivisions lapsing between July 1, 2008 and December 31, 2010 shall be automatically extended through December 31, 2011. No further extensions will be granted. E. Phased development. 1. The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat; 2. The criteria for approving a phased site development review proposal are: a. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: (1) For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable City or district standard;and (2) The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. 3. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. (Ord. 09-13) \n/s4-('n öS4Dt1 _-1-, Cheryl Caines ��"-a-i'-vi -&L7 From: jfrewing [jfrewing@teleport.comj / Sent: Wednesday, April 14, 2010 11:29 AM To: Cheryl Caines; Ron Bunch Subject: Extension of Approved Developments Cheryl, I watched last evening's start of hearings on the proposed extension of approved developments. It certainly seems a reasonable thing to do under most circumstances. I do think that before a development begins,having obtained a case-by-case extension of its approval period,there should be some kind of examination to see that the prior conditions have not changed. Obviously if some zoning has changed, maybe the extended approval should not be allowed. The examation should not only be a Type I consideration(city staff)but should be the same level as the earlier approval,ie notice and opportunity for public hearing. As an example,I mention the Gertz development Edgewood 2,where I was a party to the proceeding. You were staff reviewer,I believe. In the approval process,I asked for a thru street or bike/ped passageway from Edgewood to MacDonald St. Gertz said this was not possible,because he didn't want to build a short bridge over Pinebrook Creek and didn't control the adjacent appropriate land for such a thru accessway. I noticed yesterday that Gertz now has the necessary lots for sale on what was an adjoining development that must have gone bankrupt or into foreclosure and which he now controls. This is a case where one of the conditions "preventing" a thru accessway has now changed and any approval on extension to build at Edgewood 2 should include a condition that the thru accessway be provided on property controlled by Gertz. If you have questions or comments on my evaluation,please do let me know as soon as possible,and do please include this evaluation in the record of the consideration of a code change to extend the start date of approved developments. Thanks, John Frewing SUPPLEMENTAL PACKET FOR a-7. iD (DATE OF MEETING) 1 1/ ;' , • • City of Tigard Tigard Workshop Meeting Agenda TIGARD: TIGARD CITY COUNCIL MEETING DATE/TIME: April 20, 2010 — 6:30 p.m. - Workshop Meeting MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Times noted are estimated. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Workshop meetings are cablecast on Tualatin Valley Community TV as follows: Replay Schedule for Tigard City Council Workshop Meetings - Channel 30 • Every Sunday at 11 a.m. • Every Monday at 6 a.m. • Every Tuesday* at 2 pm (*Workshop meetings are not aired live. Tuesday broadcasts are a replay of the most recent workshop meeting. • Every Thursday at 12 p.m. • Every Friday at 3 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL—APRIL 20, 2010 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 2 1 • • City of Tigard Tigard Workshop Meeting - Agenda TIGARD• TIGARD CITY COUNCIL MEETING DATE/TIME: April 20, 2010 — 6:30 p.m. - Workshop Meeting MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 p.m • > 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. 1. WORKSHOP MEETING 1.1 Call to Order- City Council 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications &T.iaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 6:40 PM 2. REVIEW REGIONAL TRANSPORTATION PLANNING ACTIVITIES • Staff Report: Community Development Department • 6:55 PM 3. DISCUSS TIGARD TOWN CENTER DESIGNATION • Staff Report: Community Development Department 7:25 PM 4. DISCUSS DEVELOPMENT CODE AMENDMENT (DCA2010-00001) TO EXTEND LAND USE APPROVALS • Staff Report: Community Development Department 7:55 PM 5. UPDATE ON PACIFIC HIGHWAY/HALL/GREENBURG/MAIN CONSTRUCTION AND AMERICAN RECOVERY AND INVESTMENT ACT OF 2009 (ARRA) FUNDED PAVEMENT OVERLAY CONSTRUCTION PROJECTS • Staff Report: Public Works Department 8:10 PM 6. ADJOURNMENT I:\ADM\CATHI'\CCA\2010\100420 Workshop.doc TIGARD CITY COUNCIL— APRIL 20, 2010 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of 2 • • Agenda Item# Meeting Date April 20, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard,Oregon Issue/Agenda Title Discussion of Development Code Amendment (DCA2010-00001) to Extend Land Use Approvals Prepared By: Cheryl Caines Dept Head Approval: r-1/°-- [/F/ City Mgr Approval: • ISSUE BEFORE THE COUNCIL What alternative approaches should be considered for a proposed code amendment extending previously approved land use decisions, lapsing between July 1,2008 and December 31, 2011,until December 31, 2012. STAFF RECOMMENDATION Discuss alternative approaches to the proposed amendment considering public testimony and issues raised at the April 13, 2010 public hearing and the effect anticipated legislation may have on development standards, specifically land division applications (partitions and subdivisions). KEY FACTS AND INFORMATION SUMMARY • The City is considering a code amendment to extend land use approvals for Site Development Reviews, Subdivisions, and Minor Land Partitions (DCA2010-00001). This amendment is proposed as a means to respond to the economy. • Planning Commission held a public hearing on March 1, 2010 to discuss the amendment. No one testified in favor or opposition of the amendment. The Commission voted 9-0 to recommend approval of the amendment as proposed. • Staff briefed Council on March 30, 2010 about possible effects upcoming legislation may have upon development and subdivision regulation that was not anticipated when the Planning Commission heard this matter in early March. At the workshop City Council determined that more time was needed to discuss and review the topic, but the upcoming April 13th hearing could not be rescheduled at such a late date. City Council decided to hear the staff presentation and public testimony on the proposed amendment on April 13, '2010 and then follow up with a workshop on April 20th to discuss alternative approaches. These approaches will be considered and open for public testimony during a continuance of the public hearing tentatively scheduled for April 27, 2010. Council may deliberate/vote on the amendment or direct staff to draft an alternative ordinance to be voted upon at another date certain. More information can be provided in the Friday Council newsletter following the hearing on Tuesday (April 13`s). S •. • ■\. OTHER ALTERNATIVES CONSIDERED None, but moreinformation may be provided in the Friday Council newsletter. CITY COUNCIL GOALS Not directly applicable to current or long-term Council goals. ATTACHMENT LIST None at this time. Attachments may be provided in the Friday Council packet based upon issues raised and public testimony at the April 13, 2010 hearing. FISCAL NOTES By extending existing approvals, there is the potential for loss of fees from new submittals. • Land Use Extension Alternative Approaches April 20, 2010 Council Workshop At City Council's request, Staff has outlined options to address concerns about the proposal to extend land use approvals permitting development to occur in the future using the current standards. A table outlining the pros and cons of each option is found below. Option 1: As recommended by Planning Commission, extend Partitions and Subdivisions (Land Divisions) and Site Development Reviews (SDR) until December 31,2012. Option 2: Extend Land Divisions only until December 31,2011 and SDRs until December 31,2012. Option 3: Extend SDRs until December 31,2012 and not extend Land Divisions. Option 4: Do not extend any land use approvals. Cases Included: Land Site Dev New Expiration Options Division Review Date Pros Cons • Allows applicants additional time to secure • Extends approvals,based on current 1 ✓ ✓ Dec. 31,2012 financing and develop as soon as the economy standards,which may be beyond improves. anticipated tree code amendments. • Land divisions will expire before anticipated tree • Extension may not be sufficient for code amendments. applicants to develop or secure financing • Allows applicants additional time to develop. if the economy has not improved. 2 ✓ ✓ Dec. 31,2011 —LD • Leaves City Council the option to revisit the Dec. 31,2012-SDR issue in the future to assess whether additional extensions are necessary and how code • amendments are taking shape. • Allows applicants of Site Development Reviews • May put Tigard at a disadvantage to other to develop as soon as the economy improves. cities regarding the supply of buildable 3 ✓ Dec. 31,2012 single-family lots. • Does not address the economic concerns of applicants seeking to divide their land. • All future development must meet standards in • May put Tigard at a disadvantage to other 4 None place at the time of application. cities in the region. vw: Cheryl Gaines • • From: Ken Gertz[Ken @Gertzco.com] Sent: Monday, April 19, 2010 4:52 PM To: Cheryl Gaines Subject: Development extension stuff Cheryl, Could you please forward me any relevant info on the upcomming extension meeting. I think it is on the 27th, and would like to know what the current position is. Thank you Ken Gertz President Gertz Fine Homes Voice 503-692-3390 Fax 503-692-5433 1 Cheryl Caines • • From: Gary Shepherd [gary@oregonlandlaw.com] Sent: Monday, April 19, 2010 4:49 PM To: Cheryl Caines Subject: RE: decision extensions Cheryl—thanks. One thing that I noticed right away is what happens with applications that involve more than just the main component.? For example: what if a site development review application in the Tigard Triangle needs a variance application to make it work and both are approved together. The amendments deal with the main site development review but there is never any reference to a companion application. Gary From: Cheryl Caines [mailto:cherylc @tigard-or.gov] Sent: Monday, April 19, 2010 2:59 PM To: 'Gary Shepherd' Subject: RE: decision extensions Mr. Shepherd, Attached please find the proposed code language. City Council is concerned with the effect of allowing development to occur in the future under outdated standards,so they are reviewing alternative approaches at a Workshop tomorrow evening at 6:30. The first part of the public hearing was held on April 13th and the hearing is continued to April 27th at 7:30 if you would like to testify on either the proposed language or the alternatives that will be presented at that hearing. Let me know if you have any questions. Cheryl From: Dick Bewersdorff Sent: Monday, April 19, 2010 11:03 AM To: 'Gary Shepherd' Cc: Cheryl Caines Subject: RE: decision extensions It is a one time extension. The City is considering extending certain approvals as have other area jurisdictions. Cheryl Caines is the planner in charge and I have copied her. From: Gary Shepherd [mailto:gary@oregonlandlaw.com] Sent: Monday, April 19, 2010 10:47 AM To: Dick Bewersdorff Subject: decision extensions Mr. Bewersdorff: Good morning. I have a general question for you concerning extensions of planning decisions. I know your code states that 1 year extensions may be given. However, I do not see a limitation on the number of one year extensions in section 18.360.030(D). Given the difficult realities our industry faces and will continue to face, has the City implemented or discussed implementing a policy concerning additional extensions so that approved projects have a chance to be built? Thank you for your time. Gary, Shepherd 1 Gary P. Shepherd, Attorney • • OREGON LAND LAW PO Box 86159 Portland, OR 97286 (503) 233-1985 gars @oregonlandlaw.com • NOTICE: DO NOT read, copy or disseminate this e-mail message unless you are the intended recipient. The information contained in this e-mail message is privileged, confidential and protected from disclosure. Any dissemination, distribution or copying is strictly prohibited by anyone other than the intended recipient. If you think you received this e-mail message in error, please e-mail the sender at gary @oregonlandlaw.com or call (503) 233-1985. 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." 2 / Cheryl Caines • From: jfrewing [jfrewing @teleport.com] Sent: Wednesday, April 14, 2010 11:29 AM To: Cheryl Caines; Ron Bunch Subject: Extension of Approved Developments Cheryl, I watched last evening's start of hearings on the proposed extension of approved developments. It certainly seems a reasonable thing to do under most circumstances. I do think that before a development begins,having obtained a case-by-case extension of its approval period,there should be some kind of examination to see that the prior conditions have not changed. Obviously if some zoning has changed, maybe the extended approval should not be allowed. The examation should not only be a Type 1 consideration(city staff)but should be the same level as the earlier approval, ie notice and opportunity for public hearing. As an example, I mention the Gertz development Edgewood 2,where I was a party to the proceeding. You were staff reviewer, I believe. In the approval process, I asked for a thru street or bike/ped passageway from Edgewood to MacDonald St. Gertz said this was not possible,because he didn't want to build a short bridge over Pinebrook Creek and didn't control the adjacent appropriate land for such a thru accessway. I noticed yesterday that Gertz now has the necessary lots for sale on what was an adjoining development that must have gone bankrupt or into foreclosure and which he now controls. This is a case where one of the conditions "preventing" a thru accessway has now changed and any approval on extension to build at Edgewood 2 should include a condition that the thru accessway be provided on property controlled by Gertz. If you have questions or comments on my evaluation,please do let me know as soon as possible,and do please include this evaluation in the record of the consideration of a code change to extend the start date of approved developments. Thanks, John Frewing 1 • • City of Tigard MEMORANDUM T I GARD TO: City Council FROM: Cheryl Caines,Associate Planner RE: Development Code Amendment to Extend Land Use Approvals (DCA2010-00001) DATE: April 16, 2010 At the April 13, 2010 public hearing, Mayor Dirksen asked for information on what other jurisdictions had adopted to extend land use approvals. Attached please find a matrix that outlines code amendments that other jurisdictions have passed to extend approvals. Like Tigard's proposed amendment, these extensions are in addition to what is normally allowed under current code with the City of Tualatin as one exception. All of the amendments are in response to poor economic conditions. Additional Land Use Extensions Other Jurisdictions City Extensions? Enact date Inclusion Date Extension Length Approval Types Extended only if approved between 1/1/2007 and Albany yes 1/27/2010 12/31/2008 one year land use undefined(up to 2 extensions may be Bend yes 2/4/2009 only if approval has not expired land use granted,not to exceed 2 years total) it Newberg yes 5/18/2009 up to 2 years after expiration,must apply up to 1 year land use by 12/31/2010 final plat:only if submitted before final plat:to 365 days(from 180 days); land use,preliminary plan: through 12/31/09 and due to expire after 6/30/2012;pre-app:through final plat,land use,pre-app, Portland yes 5/27/2009 5/27/2006;land use,preliminary plan: 12/31/2010(if held between 4/1/2007- preliminary plan 5/27/06-12/31/08;pre-app:held between 4/1/2007-12/31/2009 12/31/2008)or valid for 2 years(if held between 1/1/2009-12/31/2009) land use,excluding those Redmond yes 8/11/2009 only if approved before 7/1/2009 and due to 7/1/2011,preserving eligibility for with time-regulated to expire after 1/1/2009 ordinary extension conditions Tualatin yes 10/26/2009 only if approved between 1/1/2007 and to 12/31/2012,replacing eligibility for •6/30/2009 ordinary extension architectural review Washington approvals expiring between 8/6/09 and Coun yes 8/6/2009 8/6/10 one year land use • '. 1ti • • Councilor Webb agreed with the above comments by Mayor Dirksen and Council President Wilson. Her experience in the newspaper business was that when the economy was down,businesses that succeeded advertised more to capture more business. Those businesses that decided to pare back, - usnally went out of business. She said she believes this same comparison could be true for WES. The limited service has deterred her own personal ability to take advantage of WES. Mr.Joseph commented on expanding WES service. TriMet is limited in what they can do based on the agreement with Portland&Western Railroad. At 16 trips per day,WES provides as many trips as Portland&Western agreed to. It comes down to railroad issues,Federal railroad administration,etc. Unfortunately,TriMet is not in a position to expand service. TriMet agrees with the statements just made as they would like to have service that ran all of the time. The basis of commuter rail is that it would take people to and from work. TriMet is looking at reducing the final trip on WES,as one possibility because there are 13 riders on the way to Beaverton and on the return trip to Wilson,there are 20 riders. This is exceptionally low ridership. The option of reducing the frequency will not be chosen. WES averages a little more than 1200 rides per day,which is 40 percent of capacity. To be good stewards of public funds,TriMet needs to look at its performance as with any services. TriMet,in January,launched the"WES works" campaign. They are interested in growing the ridership of WES; however,they are limited as to what they can do. Mr. Mills added that in the last three months,the ridership has increased from a year ago. It was unfortunate that WES opened in a down economy. The 1200 rides a day is good. WES is here to stay. Councilor Buehner said Highway 99W is now at over-capacity. Tigard is under-served by bus service. Pacific Highway is the heaviest travelled road(non-freeway)in the entire state. Reducing bus service will add to traffic,slow down buses,and possibly cost TriMet some ridership. Parts of Tigard are densely developed,more so than SE and NE Portland. Yet,Tigard does not have the same service as does SE and NE Portland. To reduce the service we now have,will cost Tigard residents jobs that will impact TriMet because of the reduction in payroll taxes. She asked TriMet to rethink what it plans to do with Line 12. In response to a question from Mayor Dirksen,Mr.Mills reviewed the reductions planned for Line 12 relating to frequency in service. Mr.Mills agreed with Councilor Buehner in that the buses on Line 12 will be more crowded. When the economy returns,the first restorations will be on the frequent service lines and Line 12 is one of those. Mayor Dirksen said the Council understands the circumstances TriMet is faced with. Mayor Dirksen said TriMet will be a receiving a letter from the Washington County Coordinating Committee, representing the views of the majority the Washington County communities and the County itself. In response to an inquiry about the impending departure of General Manager Hansen,Mr.Mills said at a recent Board meeting,it was announced there will be a national search conducted. It will be the Board's decision on a replacement and Mr. Hansen will also be involved in the selection process. The search committee will make a recommendation to the Board. There will be a transition period. 7:58:06 PM 7. LEGISLATIVE PUBLIC HEARING—CONSIDER A CODE AMENDMENT TO EXTEND LAND USE APPROVALS (DCA2010-00001) a. Mayor Dirksen opened the public hearing. TIGARD CITY COUNCIL-April 13, 2010 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 7 of 11 • • b. City Attorney Ramis reviewed procedures. c. There were no declarations or challenges. d. Summation by Community Development Department 8:02:03 PM Associate Planner Gaines presented the staff report along with a slide presentation. She reviewed the components of the proposed amendment o New Chapter proposed for the Community Development Code, 18.115,which lists all of the defined terms found throughout the Code. o An extension of previously approved land use decisions,January 1,2007-June 30,2010. Under the current Code those land use decisions were effective for 18 months and the applicant can request a one-year extension so the approval expiration dates would be July 1,2008—December 31,2011. The Code language would be added to certain sections of the Code for Site Development Review (typically commercial and multi-family projects),subdivisions and minor land partitions. The amendment would automatically extend cases within these periods to December 31,2012. There are 42 cases that would be affected by the amendment. She reviewed the locations of the affected properties on a map. On March 1,2010,the Planning Commission held a public hearing. There was no testimony supporting or opposing the amendment. There was some concern that the extension might not be long enough to see through to an upturn in the economy. The amendment can be revisited for another extension. The Planning Commission voted,9-0,to recommend the amendment as proposed. She reviewed the staff report,which included the positive outcomes fostered by this amendment. One concern is there might be Code changes in the long-term that could affect how development looks in the future. If the proposed ordinance is adopted,development could occur under outdated standards. Councilor Buchner asked if the City Council had the authority to extend some types of permits and not others. Associate Planner Caines said yes. Language regarding extensions is included throughout the Code. This would be another subsection within the extension subsection of the Code. Mayor Dirksen asked how other jurisdictions have handled extensions. She said the City of Tualatin approved an extension for a limited type of properties that needed architectural design review. Associate Planner Caines advised she could get information regarding other jurisdictions. e. Council President Wilson said he would like to consider possible alternatives. He said he was curious about allowing extensions for any reason,not just economic. He wondered if there was a possibility when a project is approved and then has expired,to bring it back under an administrative permit process if the project was substantially the same. Associate Planner Caines advised there was nothing currently in the process to do this. She said that if someone was approved under a set of standards then those standards could not be changed. Council President Wilson gave the example of a permit issued under a Type III process and then the permit expires and the project is withdrawn. He suggested a process if the developer comes back later with the same project,the staff would review the project for conformance;i.e.,have laws changed or is there a changed circumstance. If not, then the permit would be reissued. Associate Planner Gaines said this is not a possibility under the current Code. City Manager Prosser said this might be an alternative proposal the City Council would want to consider in TIGARD CITY COUNCIL—April 13, 2010 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 8 of 11 • • place of what is before them tonight. Council President Wilson asked if staff thought this would be a good idea. Community Development Director Bunch said he has seen other jurisdictions use such a process as"an amendment to an overall approved development plan." This would be processed as either a Type I or Type II and would save the developer considerable expense. Staff would need to evaluate the Code and review examples for similar processes in other jurisdictions. Council President Wilson said if there is still some validity to the initial decision,then he would like to hear additional comments by staff after they have done their research. Community Development Director Bunch said staff would conduct the review and pointed out the additional complications in that other agencies that would have jurisdiction over the development and they also have standards that could change;i.e., Clean Water Services. 8:14:33 PM f. Public Testimony The Mayor announced that it is City Council's intention to take public testimony and continue this hearing to April 27. Council will take additional testimony on the 27th,which would give citizens an opportunity to review and consider proposed language. Written comment would also be considered by the City Council before it deliberates. o Ernie Platt,Homebuilders Association,1555 SW Bangy Road,Lake Oswego OR,said staff outlined the situation clearly and noted his appreciation for the City taking up this issue at this time. He noted that a number of agencies in the area have come up with some kind of process as discussed. He referred to the economic conditions as they have affected development proposals. Mr.Platt advised HBA had worked with the City of Tualatin when they amended their Code. They only identified two approved partitions that would be subject to extension. Both of these developers indicated they were not interested in an extension. Mr.Platt reviewed that Washington County granted extensions for a time certain and it has turned out this was not long enough. The County is in the process of considering another extension. He requested,as the Mayor had announced, that the heating be kept open so if there is further modification of this proposal,that there be opportunity for the public to address the changes. Mr. Platt said that, as proposed now,the Code amendment is a straightforward way to proceed. He acknowledged the concerns for changes in the future. o John Wyland, JT Smith Companies,2694 Coeur d'Alene Drive,West Linn, OR 97068,thanked the staff for their work on the proposed amendment. He said his company owns 19 acres on Bull Mountain known as the Sunrise Lane Subdivision. Their company has expended a lot of time, effort,and money on land use approvals for this property. He said they have already exhausted the one-year extension allowed by the Code. The extension in very important to their company. He said they have properties in other cities including Newberg. Newberg's extension approval"covers everything"—commercial and residential. The process for an extension is Newberg consists of a letter to request a time extension. Mr.Wyland said he supports the current proposal as it is written. He said the proposal would promote economic recovery in the City of Tigard. o John Smith,23600 Salamo,West Linn,OR 97068 advised he agreed with Mr.Wyland. Developers need the help through extensions. He advised these have been offered in other jurisdictions. He said West Linn has granted a conditional extension;however,banks consider this to be an "unknown"and,therefore,it is not an approval. Appraisers also do not consider a conditional TIGARD CITY COUNCIL-April 13, 2010 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 9 of 11 • • extension to constitute an approval. This is detrimental to securing financing. Developers need the extension. He referred to his Tigard project,which had been challenged several times at LUBA, and a condition would open them up to potential new challenges. He urged the City Council to approve the extension to give them more time. He thanked the City Council for its consideration of this matter. 8:26:15 PM o James Lampus, 13219 Deerfield Court,Lake Oswego, Oregon 97035 reviewed renderings representing an approved development of 37,000 square feet on SW 72nd and Dartmouth Road. He thanked staff for their help on this project,which meets the spirit of the Code. The project is pedestrian friendly and would be constructed so that it would connect with the streetscape. The project has undergone extensive redesign to add to the potential of what the Tigard Triangle could be. If an extension was possible,then they would have certainty that their project was approved and their leasing plan is ready to go. Once the economy is better and they market to attract tenants to secure financing,they would not have to start over with the process. He requested the support of the City Council In response to a question from City Attorney Ramis,Mr.Lampus advised he would provide smaller renderings for the record. 8:31:58 PM d. Continuation of hearing. Motion by Council.President Wilson,seconded by Councilor Webb,to continue the hearing to April 27,2010. The motion was approved by a unanimous vote of Council Present: Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Absent Councilor Webb Yes Mayor Dirksen advised that the City Council would be discussing this proposed amendment to the Code at its workshop meeting next Tuesday. This workshop meeting would not be a time to take testimony. Testimony could be offered at the continued hearing on April 27. Mr. Smith,who testified earlier,asked if the City Council would be planning to make a decision on this matter on April 27. Mayor Dirksen said that would be the Council's assumption,but it would depend on what they hear. Between now and April 27,Mayor Dirksen said people who cannot come to the meeting could send written testimony,which will be considered at that meeting. Council reviewed Agenda Item No. 6 at this time. 8. COUNCIL LIAISON REPORTS: None 9. NON AGENDA ITEMS None 8:59:05 PM City Manager Prosser announced the Executive Session: TIGARD CITY COUNCIL-April 13, 2010 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639 4171 I www.tigard-or.gov I Page 10 of 11 • • Patty Lunsford From: Cathy Wheatley Sent: Thursday, April 15, 2010 10:21 AM" To: Patty Lunsford; Carol Krager Subject: FW: Message from 35C-1 Attachments: S35C-110041509180.pdf Supplemental packet information for Item No. 7—City Council meeting of April 13, 2010. Public hearing was opened. Staff report given. Public testimony taken. There will be a City Council workshop on 4/20 on this matter. The public hearing was continued to April 27 at which time add'I public testimony (oral or written) will be entered into the record. City Council anticipates making a decision on the 27`h Cathy From: CM452000PIER @TIGARD-OR.GOV [mailto:CM452000PIER @TIGARD-OR.GOV] Sent: Thursday, April 15, 2010 2:19 AM To: Cathy Wheatley Subject: Message from 35C-1 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 • • AGENDA ITEM No. 7 Date: April 13, 2010 i TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLIC HEARING: CONSIDER A CODE AMENDMENT TO EXTEND LAND USE APPROVALS (DCA2O1O-00001) 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/Leg.PH/DCA2010-00001 • AGENDA ITEM No. 7 April 13, 2010 PLEASE PRINT 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. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. p Gbh U.i L. JWI 4 CO.0.. `iSp. (Ii-LIkinJ l vg q 7o be Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. jEFF 5 4 -L ¼ 577068 Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. ...((nn G`w� us' ( 3,x(9 ti? laid CT Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Legislative Hearing Statement by City Attorney Any person may offer relevant oral and/or written testimony. Oral testimony may be offered only by a person who has been asked to speak by the Mayor. City staff will identify applicable standards in the 4 staff report at the beginning of the hearing. Members of the City Council will be aske&whether they have any potential conflicts. A Council member with a potential conflict may participate after fully describing the potential conflict. An actual conflict exists if the decision wouldkresult in:financial benefit to the Council member or family member. In cases of actual conflict,the Council member will'not participate. After the discussion of conflicts,any person may challenge participation of a Council member based on an actual conflict or failure to disclose a potential conflict. The Council member in question may respond to such a challenge. After the discussion of conflicts and any challenges,City staff will summarize ze the written staff report and explain the proposed amendments. 'Then those in favor of the proposed amendments testify. Then those who oppose the amendments or who havequestions'or concerns testify. Council members may ask the staff and the witnesses questions throughoun.the hearing until the record closes. After all testimony is taken,the City staff can make a dosing statement. After the record is closed,the City Council will deliberate. During deliberations,the CitytCouncil may reopen the public portion of the hearing if necessary to receive additional evidence before making a decision. A copy of the rules of procedure for the hearing and copies.of agendas for today's hearing are available at the entrance. The staff report on this hearing has been available for viewing and downloading on the City's website and.a,paper copy of the staff report has been available at City Hall. You must testify orally or in writing before the closeof the,public record to preserve your right to appeal the Council's decision tO the Land.Use Board of Appeals. Failure to-raise an issue clearly enough so that Council understands and can address the,issue,precludes raising the issue on appeal. Please do not repeat testimony offered'•by yourself orearlier witnesses. If you agree with the statement of an earlier witness, please just state that and add any additional points of your own. Demonstrations from the audience that prolong•or interfere with the hearing are prohibited. Please refrain from-them. Comments from the audience other than from a recognized speaker should not be offered and will not be part of the record. When you are called to testify,please come forward to the table. Please begin your testimony by giving your name,please spell your last name,and give your full mailing address including zip code. If you represent someone else,please say so. If you have any exhibits you want us to consider, such as a copy of your testimony,photographs,petitions,or other documents or physical evidence,at the close of your comments you must hand all new exhibits to the City Recorder. These exhibits will be marked as part of the record. The City staff will keep exhibits until appeal opportunities expire,and then you can ask them to return your exhibits. I:\ADM\CATHY\CCA\Legislative Information\City Attorney Legislative Script(2).doc 50014-36799 00,Attorney Legislative Script(2)IMSQ ce/2/22/2010 yr j - • • 74 q = ., City of Tigard TIGARD Tigard Business Meeting - Agenda TIGARD CITY COUNCIL MEETING DATE: April 13, 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 dit PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (I'DD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling. 503-639-4171, ext. 2410 (voice) or 503-684-2772 (Ii)D -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—April 13, 2010 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of III • a Ph _ k. City of Tigard TIGARD' Tigard Business Meeting - Agenda TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) CITY CENTER DEVELOPMENT AGENCY(CCDA) MEETING DATE/TIME: April 13, 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 • STUDY SESSION o Discuss Use of Urban Renewal Funds to Subsidize Temporary Use Fees for Downtown Tigard Businesses—Community Development Department Staff o Administrative Items • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor negotiations under ORS 192.660(2) (d) and real property negotiations under ORS 192.660(2) (e).All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),but must not 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. 1. BUSINESS MEETING 1.1 Call to Order-City Council&Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications &Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. PROCLAMATION—Mayor Dirksen o Days of Remembrance Week—April 11-18,2010 3. CITIZEN COMMUNICATION (Two Minutes or Less,Please) • Tigard High School Student Envoy Taylor Friesen • Tigard Chamber of Commerce Chief Executive Officer Debi Mollahan • Follow-up to Previous Citizen Communication • Citizen Communications Sign Up Sheet TIGARD CITY COUNCIL—April 13, 2010 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of • • 4. 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: 4.1 Approve Council Minutes for November 24,December 15 and December 22,2009 and January 5 and 12,2010 4.2 Receive and File: a. Council Calendar b. Tentative Agenda 4.3 Appoint John Storhm to Temporarily Fill the Seat of Library Board Member Scott Hancock,Deployed by the United States Military for Approximately One (1)Year 4.4 Accept the 2009 Solid Waste Report and Retain Existing Solid Waste Rates 4.5 Amend Master Fees and Charges Schedule to Institute Fees for New Downtown Land Use Review Procedures 4.6 Approve a Resolution Approving an Intergovernmental Agreement Between the Cities of Tigard and Beaverton and Washington County for the Highway 217 Interchange Management Study 4.7 Approve Submittal of Application for ODOT Readiness Initiative Grant Funds 4.8 Local Contract Review Board: a. Approve Change Order No. 2 for Hoodview Sewer Reimbursement District No. 45 • Consent Agenda-Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately Or the Council/City Center Development Agency has voted on those items which do not need discussion. 5. RECEIVE TREE CITY USA GROWTH AWARD AND PRESENT TREE STEWARDSHIP AWARDS • Community Development Department 6. UPDATE ON PROPOSED TRIMET SERVICE CUTS • Community Development Department 7. LEGISLATIVE PUBLIC HEARING — CONSIDER A CODE AMENDMENT TO EXTEND LAND USE APPROVALS (DCA2010-00001) 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- TIGARD CITY COUNCIL-April 13, 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 • • 8. COUNCIL LIAISON REPORTS 9. NON AGENDA ITEMS 10. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 11. ADJOURNMENT I\ADM\CATHY\CCA\2010\100413.doc TIGARD CITY COUNCIL-April 13, 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 444 • • Agenda Item# Meeting Date April 13,2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Development Code Amendment to Extend Land Use A.growls Prepared By: Cheryl Caines Dept Head Approval: AK,�Liaity Mgr Approval: d44 ISSUE BEFORE THE COUNCIL Shall City Council approve an amendment to the Tigard Community Development Code (l'DC) automatically extending land use approvals lapsing between July 1, 2008 and December 31, 2011until December 31, 2012 and creating a new code chapter (18.115) that will list all defined terms found in the TDC? The extension portion of the amendment only applies to chapters 18.360 — Site Development Review, 18.420 — Land Partitions, and 18.430 - Subdivisions. STAFF RECOMMENDATION Staff is forwarding the Planning Commission's recommendation to approve the requested Development Code Amendment. KEY FACTS AND INFORMATION SUMMARY • There are two main components to the proposed amendment. One is to extend land use approvals. This amendment was initiated by the City due to the economic downturn and requests from applicants whose approvals were expiring and interested parties, such as the Home Builders Association (HBA). ♦ The second component is to create a new chapter (18.115) that lists all defined terms found in the TDC, which will help users find defined terms that are currently spread throughout the code. ♦ The proposed amendment to extend land uses only affects Type II Site Development Reviews, Subdivisions, and Minor Land Partitions. • Currently approvals lapse 18 months after the effective date unless the development is under construction or a plat has been recorded. A one (1) year extension period to the original 18 month approval can be requested. ♦ When the staff report was written, there were approximately 42 cases which would be extended under the amendment. Of those, 14 have already expired. An additional 14 will expire in 2010. The remaining 14 will expire in 2011. An updated list of cases with approvals lapsing within the affected time period has been provided showing the case number/name, location, expiration date, and indication of whether the applicant requested and received an extension to the original approval period (Attachment 4). ♦ Many other jurisdictions in Oregon (Portland, Tualatin, Newberg, Bend, Redmond, and Albany) have approved similar code amendments extending approvals in light of the poor economic conditions. • On March 1, 2010 Planning Commission held a public hearing to discuss the amendment. No one testified in favor or against the amendment. • Planning Commissioners asked questions regarding code changes since the decisions were originally approved and whether further extensions could be granted if conditions did not improve. A motion to recommend approval of the amendment as presented passed 9-0. • The amendment may facilitate the construction of previously approved commercial and residential development • by allowing construction to begin as soon as the economy improves. • If the cases lapse, applicants may choose not to develop because seeking new approvals will mean additional fees and time to go back through the land use process. In addition, new code standards that require significant changes to the original plan, may make the development too costly. • Other communities in the Metro region have adopted similar extensions for land use approval meaning development could begin as the economy improves. No extensions could put Tigard at a competitive disadvantage. One concern with extending older approvals is that development could occur under outdated standards if the code is modified in the future. For example, a future amendment to the tree code could lead to a significant change in the way trees are handled in subdivisions. These changes will likely be more in line with the new Comprehensive Plan goals, may eliminate cumbersome mitigation calculations, and include preservation options not currently found in the code. Staff briefed Council on these concerns at a workshop meeting on March 30, 2010. At the workshop City Council determined that more time was needed to discuss and review the topic, but the upcoming April 13th hearing could not be rescheduled at such a late date. City Council decided to hear the staff presentation and public testimony on the proposed amendment on April 13, 2010 and then follow up with a workshop on April 20`h to discuss alternative approaches. A continuance of the public hearing may be scheduled for April 27th to hear public testimony on alternatives and possibly to deliberate/vote on the amendment. OTHER ALTERNATIVES CONSIDERED • No Action — The code would remain unchanged, and extensions for site development review, land partitions, and subdivision approvals would be limited to one (1) year. • Expanded Action — Expand the time limitation to include approvals lapsing before June 30, 2008 or after December 31, 2011. • Alternate Actions—Remove the clause prohibiting further extensions beyond December 31, 2012. CITY COUNCIL GOALS Not applicable to current or long term council goals. ATTACHMENT LIST Attachment 1: Ordinance Exhibit A: Proposed Code Amendments Attachment 2: Planning Commission Meeting Minutes March 1, 2010 Attachment 3: Staff Report to the Planning Commission dated February 19, 2010 Attachment 4: Spreadsheet showing cases with approvals lapsing between July 1, 2008 and December 31, 2011. FISCAL NOTES By extending existing approvals, there is the potential for loss of fees from new submittals. ATTACHMENT 1 CITY OF TIGARD, OREGON • TIGARD CITY COUNCIL ORDINANCE NO. 10- AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE (DCA2010-00001) CHAPTERS 18.360 — SITE DEVELOPMENT REVIEW, 18.420 — LAND PARTITIONS, AND 18.430 — SUBDIVISION, EXTENDING LAND USE APPROVALS LAPSING BETWEEN JULY 1, 2008 AND DECEMBER 31, 2011, UNTIL DECEMBER 31, 2012 AND ADDING A NEW CHAPTER (18.115 — LIST OF TERMS) THAT LISTS ALL DEFINED TERMS FOUND IN THE DEVELOPMENT CODE. WHEREAS, the Community Development Director, in response to public request, initiated the Development Code Amendment to extend land use approvals for Site Development Reviews, Land Partitions and Subdivisions with approvals lapsing between July 1, 2008 and December 31, 2011 as a response to the economic downturn; and WHEREAS, these approvals will be extended through December 31, 2012 to allow more time to construct developments once the economy improves; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing; and WHEREAS, the Tigard Planning Commission held a public hearing on March 1, 2010, and recommended approval of the proposed amendment with a 9-0 vote; and WHEREAS, notice of the public hearings was published in the Tigard Times Newspaper at least 10 business days prior to the public hearings; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the applicable review criteria: Community Development Code Chapters 18.380, and 18.390; Comprehensive Plan Goal 1, Public Involvement, 2, Land Use Planning, 9.1, Economic Development, and 10.1, Housing; and Statewide Planning Goals 1, 2, 9 and 10; and WHEREAS, the Tigard City Council held a public hearing on April 13, 2010 to consider the proposed amendments; and ORDINANCE No. 10- Page 1 WHEREAS, the Tigard City eincil has determined that the proposOievelopment code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: The findings in the February 19, 2010 Staff Report to the Planning Commission and the Minutes of the March 1, 2010 Planning Commission 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. 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 rlr;, 2 ti- ry� 1<V ,it5 - i,-�4t?�, t 323 Ly�g1 St zi X i3 e1 ?a> - c'' �- - j_- 1 ✓ C 4 -, d - i y' Introduction The proposed development code amendment (DCA2010-00001) is to create a new chapter that lists all defined terms found in the Tigard Community Development Code (TDC). In addition an amendment is proposed to extend land use decisions (Site Development Reviews, Land Partitions, and Subdivisions) with approvals lapsing between July 1, 2008 and December 31, 2011 until December 31, 2012. Following please find the proposed code amendments,broken into two categories: I. New code sections— (18.115) II. Amendments to existing sections— (18.360, 18.420, & 18.430) Deletions to existing chapters indicated by stfikethretigh. Additions to existing chapters indicated by bold and underlined. No formatting differences for new chapters. .;w=' k," .t� ,Y,,.,�:r,.y. „>;'a., %uCN:.,.4, rw+. .,C` �5,:::4r;iRw� C-.•,,r4n�.^•,.;,a:r ..r,". d�'",^V.4<cer",_:�x �yn• ..;Xw,f' ,1 '� .estt@ ,�,�,k°`"- ter'x�'�':x�,.:k_. i�t^. w ;,,, ,ivr Fh :'!$}" 'a&�:,1 .',Y.�.. :���r`:�,�iK ifs��7 5��1�`x-"'�'s. {: 1b 3' 'r.,. .. ..•.��. s. '; :_ a. ,`*.400a..r.��x, r.- �ir,L`' s `b A• °r.. e . §` .�° .i ,� >^;,� 1aa ,°�. �x� irck,.L`'�: vc'��..1. s;�. ..5. s '-'n�7�':vs.;; 4. C3-t x'` .: eW&Code:SectYOns:t h�. � �t fiK a d ,, uty w r i b. y ..n w# .t c' }'=.,..,..,..i � �'��� �' ;�"��;+ `-�`x? ��'1' S:. '#+ 4'}!��,�6� ����x,.d�•:ti}° ... ,r.�,�','C �, �, a-'�5.• ,' ant's•_„`.r">'v'�:��,:,rk, x tv:?,,,;s ;���.'r� � ea ` 5,x,r 's�r..._.�, ,.� f. A..».�a'- a��'�,«`' Chapter (18.115) List of Terms The following terms are defined in Chapter 18.120,Definitions,unless indicated otherwise. Abandoned Sign See Chapter Adult Bookstore See Adult Amendment 18.780, Signs Entertainment-Related Amenity Abut Definitions Americans with Disabilities Abutting Lots Adult Entertainment- Act Accept Related Definitions Annexation Access • Adult Bookstore Antenna See also Chapter Accessory Building • Adult Motion Picture 18.798, Wireless Accessory Dwelling Unit See Theater Communication Facilities Dwelling-Related Definitions • Specified Anatomical Areas Apartment See Dwelling- Accessory Structure Related Definitions • Specified Sexual Activities Acre Appeal Active Use Facilities See Adult Motion Picture Applicant Open Space Facility-Related Theater See Adult Application Definitions Entertainment Related Approval Authority Addition Definitions Approved Plan Adjacent Lots See Abutting `A'-Frame Sign See Chapter Arcade See Design-Related its 18.780, Signs Definitions Adjoining Lots See Abutting Aisle Archaeological Site Lots Alley Area See Chapter 18.780, Administrative Action Alteration, Structural Signs Alternative Access 0 0 • Argument See Section City Dedication, Fee In Lieu Of 18.390.080, General City Engineer Deed Provisions City of Tigard Demolish Assessed Valuation City Recorder Density Attached Dwelling See Collocation See Chapter Density Bonus Dwelling-Related Definitions 18.798, Wireless Density Transfer Awning See Design-Related Communication Facilities Design-Related Definitions Definitions Column See Design-Related • Arcade Awning Sign See Chapter Definitions 18.780, Signs Commercial Forestry See • Awning Balloon See Chapter 18.780, Chapter 18.790, Tree • Band Signs Removal • Bay Band See Design-Related Commission • Belt Course Definitions Common Wall • Canopy Banner See Chapter 18.780, Complete and Entire • Chamfer Signs Complex Base Flood See Flood-Related Comprehensive See • Column Definitions Comprehensive Plan-Related • Cornice Basement Definitions • Eaves Bay See Design-Related Comprehensive Plan- • Entry Definitions Related Definitions • Frieze Belt Course See Design- • Comprehensive • Marquee Related Definitions • Generalized • Medallion Bench Sign See Chapter • Land 18.780, Signs • Parapet • Plan Coordination Berm • Pilaster Conditional Use Bike Lane • String Course Bikeway Construct See Chapter • Transom Billboard See Chapter 18.780, 18.780, Signs Signs Contiguous • Turret Buildable Area Contiguous Lots See • Visible Transmittance Building Abutting Lots Detached Dwelling See Building Envelope Corner Lot See Lot-Related Dwelling-Related Definitions Building, Primary Definitions Development Building Height Corner Side See Yard-Related Development Adjustment See Building Official; See also Definitions Section 18.370.020, Chapter 18.780, Signs Cornice See Design-Related Adjustments Building Permit Definitions Development Review See Business See Chapter 18.780, Council Chapter 18.780, Signs Signs Covered Soil Area See Development Site Caliper Landscaping-Related Definitions Directional Sign See Chapter Canopy See Design-Related Cul-de-sac 18.780, Signs Definitions Cultural Institution Auxiliary Director Canopy Cover See Chapter Sign See Chapter 18.780, Signs Display Surface See Chapter 18.790, Tree Removal Cutout See Chapter 18.780, 18.780, Signs Chamfer See Design-Related Signs Drainage Way Definitions Dedication Drive-Through Facility Change of Use S 0 Driveway Final Decision See Final Action Guyed Tower See Chapter Duplex See Dwelling-Related Final For Purposes Of Appeal 18.798, Wireless Definitions See Section 18.390.080, Communication Facilities Dwelling See Dwelling-Related General Provisions Habitable Floor Area Definitions Final Order See Final Action Hazardous Tree See Chapter Dwelling-Related Definitions Findings 18.790, Tree Removal Occupation Home Occu • Accessory Dwelling Unit Flag Lot See Lot-Related p Definitions Homeowners Association •Apartment Household • Attached Dwelling Flashing Sign See Chapter 18.780, Signs Housing Complex See Chapter • Detached Dwelling Floodplain See Flood Belated 18.780, Signs • Duplex Immediate or Serious Danger Definitions • Dwelling Flood Related Definitions See Chapter 18.780, Signs • Manufactured Home • Base Flood Impact Analysis • Multiple-Family Dwelli Impervious Surface p Y n g • Floodplain • Single Family Dwelling Implementing Ordinance • Floodway Improved Lot See Lot-Related Easement • Floodwa Fringe Y n g Definitions Eaves See Design-Related Floodway See Flood Related Definitions Y Improvement Definitions Industrial Park See Chapter Effective Date See Section Floodway Fringe See Flood- 18.390.080, General Provisions Y rin g 18.780, Signs Related Definitions Ingress Egress Floor Area Electrical Sign See Chapter Interior Lot See Lot-Related Floor Area Ratio Definitions 18.780, Signs Flush Pitched Roof Sign See Plan- Electronic Information Sign Land See Comprehensive Plan Chapter 18.780, Signs Related Definitions See Chapter 18.780, Signs Freestandin Si See Chapter Enlargement g p Land Form Alteration 18.780, Signs Entry See Design-Related Landscaping g Freeway Interchange See Landscaping-Related Related Defnitions Chapter 18.780, Signs Definitions Entryway Sign See Chapter Freeway-Oriented Sign See 18.780, Signs • Covered Soil Area Chapter 18.780, Signs • Open Soil Evidence See Section Frieze See Design-Related 18.390.080, General Provisions •Root Paths Definitions Exception Front See Yard Related •Soil Volume Calculations FAA See Chapter 18.798, Definitions Lattice Tower See Chapter Wireless Communication Frontage See also Chapter 18.798, Wireless Facilities Communication Facilities Face 18.780, Signs Front Lot Line See Lot-Related Lawn Sign See Chapter 18.780, Face of a Building See Chapter Signs Signs Definitions 18.780, Si g Garage Legal Entity See Chapter FCC See Chapter 18.798, 18.780, Signs, `Business" Wireless Communication Generalized See Comprehensive Plan-Related Definitions Legislative Facilities Lighting Methods See Chapter Fence,Sight-Obscuring Glare 18.780, Signs Final Action Loading Area See Loading Space 0 • Loading Space Marquee See Design-Related • Passive Use Facilities Lot See Lot-Related Definitions Definitions Oregon Administrative Rules Lot Area See Lot-Related Medallion See Design-Related Oregon Revised Statutes Definitions Definitions Outdoor Storage Lot Averaging See Lot-Related Minimal Use Facilities See Open Owner Definitions Space Facility-Related Painted Wall Decorations See Lot Coverage See Lot-Related Definitions Chapter 18.780, Signs Definitions Mitigation Painted Wall Highlights See Lot Depth See Lot-Related Mixed Solid Waste See Chapter Chapter 18.780,Signs Definitions 18.755,Mixed Solid Waste Painted Wall Sign See Chapter Lot Line See Lot-Related And Recyclable Storage 18.780, Signs Definitions Mixed-Use Development Parapet See Design-Related Lot Line Adjustment See Lot- Mobile Home Definitions Related Definitions Mobile Home Park Park Lot of Record See Lot-Related Mobile Home Subdivision Parking Space Definitions Monopole See Chapter Partition Lot-Related Definitions 18.798, Wireless Party • Corner Lot Communication Facilities Passive Use Facilities See Open • Flag Lot Moving Sign See Chapter Space Facility-Related g 18.780, Sig ns • Front Lot Line Definitions Multiple-Family Dwelling See Perimeter • Improved Lot Dwelling-Related Definitions g elated D fi Permitted Use • Interior Lot Multi-Unit Residential Person See also Chapter 18.780, • Lot Building See Chapter 18.755, Signs • Lot Area Mixed Solid Waste And Pilaster See Design-Related • Lot Averaging Recyclable Storage Definitions • Lot Coverage Neighborhood Activity Center Plan Coordination See • Lot Depth Noise Comprehensive Plan-Related • Lot Line Nonconforming Sign See Definitions • Lot Line Adjustment Chapter 18.780, Signs Plat Nonconforming Situation Premises See Chapter 18.780, • Lot of Record Non-Residential Building See Sig ns • Lot Width Chapter 18.755,Mixed Solid Projecting Sign See Chapter • Rear Lot Line Waste And Recyclable Storage 18.780, Signs • Side Lot Line Non-Structural Trim See Projection See also Chapter • Substandard Lot Chapter 18.780, Signs 18.780, Signs • Tax Lot Occupancy Permit Provider See Chapter 18.798, • Through Lot Off-Site Impact Wireless Communication • Zero Lot Line Off Site Improvement Facilities Lot Width See Lot Related Open Soil See Landscaping- Pruning See Chapter 18.790, Definitions Related Definitions Tree Removal Maintenance See Chapter Open Space Facility-Related Public Business Day 18.780, Signs Definitions Public Support Facilities Manufactured Home See •Active Use Facilities Quasi Judicial Dwelling-Related Definitions • Minimal Use Facilities • • Reader-Board Sign See Chapter Soil Volume Calculations See Traffic Flow Plan 18.780, Signs Landscaping-Related Definitions Transom See Design-Related Rear See Yard-Related Definitions Source-Separated Recyclable Definitions Rear Lot Line See Lot-Related See Chapter 18.755,Mixed Tree See also Chapter 18.790, Definitions Solid Waste And Recyclable Tree Removal Receipt Storage Turret See Design-Related Recreational Vehicles Special Adjustments, See Section Definitions Remodel 18.370.020,Adjustments Uniform Building Code See Removal See Chapter 18.790, Specified Anatomical Areas See Chapter 18.780, Signs Tree Removal Adult Entertainment-Related Use Reserve Strip Definitions Vehicle Parking Space Residence Specified Sexual Activities See Visible Transmittance See Residential Trailer Adult Entertainment-Related Design-Related Definitions Responsible Party, See Section Definitions Vision Clearance Area 18.230.030,Penalty Storage Area See Chapter Visual Obstruction Revolving Sign See Chapter 18.755,Mixed Solid Waste Wall Sign See Chapter 18.780, 18.780, Signs And Recyclable Storage Signs Right-of-Way Story Wetlands Road Story, First Will Roof Story,Half Window Roof Line See Chapter 18.780, Street Wireless Communication Signs Street,Private Facility See Chapter 18.798, Roof Sign See Chapter 18.780, Street,Public Wireless Communication Signs String Course See Design-Related Facilities Root Paths See Landscaping- Definitions Wireless Communication Facility,Attached See Related Definitions Structural Alteration See Rotating Sign See Chapter Chapter 18.780, Signs Chapter 18.798, Wireless 18.780, Signs Structure Communication Facilities Sensitive Lands See Chapter Subdivision Wireless Communication Transmissions Towers See 18.790, Tree Removal Substandard Lot See Lot-Related Chapter 18.798, Wireless Setback Definitions Communication Facilities Shopping Center See Chapter Substantial Improvement Yard See Yard-Related Definitions 18.780, Signs Surface Street See Chapter Yard-Related Definitions Shopping Plaza See Chapter 18.780, Signs • Corner Side 18.780,Signs Tax Lot See Lot-Related • Front Side See Yard-Related Definitions Definitions Side Lot Line See Lot-Related •Rear Temporary Sign See Chapter . Definitions 18.780, Signs • Side Sign See Chapter 18.780, Signs Temporary Use •Yard Sign Structure See Chapter Tenant Sign See Chapter 18.780, Zero Lot Line See Lot-Related 18.780, Signs Signs Definitions Single-Family Dwelling See Through Lot See Lot-Related Zoning District Dwelling-Related Definitions Definitions Site Tigard-Based Nonprofit Slope Organization . • �i"a .n �x -=" -k••e�='�>"a' :�''�'.R'7w:•:F'a,'^4�.�.°,. :r� ,.N3.,,.. ,t°, "c'i�e• '''ti'"5 a� :.�y_E�t'� it f .=�i•:a a�}5�::�e.� °'� :'�..'�.+a � �5. �:r��+,:;, �":fir" �y `� p .� " 257•�.1�QQ V*0 n s .a. r�rx�am: tbi*py��� �n4Ya,4� .�w:,.fns�l:;ihQ�.r;e1•.�,.[z•.*✓n.£'N2�h.���:,tf'i'Ys+.�,. Y,�!�kka`..i t'A�.' t:Y 7�t).5�.7£i�C.f1`;f,Y 4d»Xd'sif.- -A�i,t3l b.�N *Yi.�".�'•",SnSr'�`F Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or major modification of an approved plan or existing development, as defined in Section 18.360.020.A, shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. B. Minor modifications. Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060, shall be processed as a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.360.060. C. Approval period. Site development review approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. The site development review approval by the Director shall lapse if: 1. Substantial construction of the approved plan has not begun within a one-and-one-half years period; or 2. Construction on the site is a departure from the approved plan. D. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year;provided that: 4- a. No changes are made on the original site development review plan as approved by the Director; 2- b. The applicant can show intent of initiating construction on the site within the one-year extension period; and e. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Site Development Review lapsing between July 1, 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. E. Phased development. S 1. The Director shall approve a time schedule for developing a site in phases over a period of time of one year,but in no case shall the total time period for all phases be greater than three years without reapplying for site development review. 2. The criteria for approving a phased site development review proposal is that all of the following are satisfied: a. The public facilities are constructed in conjunction with or prior to each phase; b. The development and occupancy of any phase is not dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard; c. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal; and d. The Director's decision may be appealed as provided by Section 18.390.040.G. No notice need be given of the Director's decision. 3. The Director may waive or modify the approval period for projects within the Washington Square Regional Center in accordance with Section 18.630.020.C. (Ord. 09-13) 18.420 LAND PARTITIONS 18.420.030 Approval Process A. Decision-making process. The Director shall approve, approve with conditions or deny an application partition, which shall be reviewed by means of a Type II procedure, as governed by Chapter 18.390,using approval criteria contained in Section 18.420.050. B. Time limit on approval. The partition approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. C. Lapsing of approval. The partition or approval by the Director shall lapse if: 1. The partition has not been recorded or has been improperly recorded with Washington County without the satisfactory completion of all conditions attached to the approval; 2. The final recording is a departure from the approved plan. D. Extension. • 11111 L The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 4- a. No changes are made on the original plan as approved by the Director; 2 b. The applicant can show intent of recording the approved partition or lot line adjustment within the one-year extension period; and c. There have been no changes in the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Land Partitions lapsing between July 1, 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. 18.430 SUBDIVISIONS 18.430.030 Approval Process A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.040. An application for subdivision may also be reviewed concurrently with an application for a planned development, as governed by Chapter 18.350. B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.070. C. Approval period. Preliminary plat approval by the Approval Authority shall be effective for a period of 1-1/2 years from the date of approval. The preliminary plat shall lapse if: 1. A final plat has not been submitted within a 1-1/2 year period; or 2. The final plat does not conform to the preliminary plat as approved or approved with conditions. C. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant one extension of the approval period not to exceed one year;provided that: a. No changes are made on the original preliminary plat plan as approved; 27 b. The applicant has expressed written intent of submitting a final plat within the one-year extension period; 3, c. There have been no changes to the applicable ordinance provisions on which the approval was based;and 47 d. An extension of time will not preclude the development of abutting properties. 2. Approval periods for Subdivisions lapsing between July 1, 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. E. Phased development. 1. The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat; 2. The criteria for approving a phased site development review proposal are: a. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: (1) For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable City or district standard; and (2) The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. 3. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. (Ord. 09-13) ATTACHME NT-2 4 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes March 1, 2010 1. CALL TO ORDER President Walsh called the meeting to order at 7:01 pm.The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Present: Commissioners Anderson, Caffall, Doherty, Fishel, Gaschke, Hasman, Muldoon, Vermilyea, and Walsh; Alternate Commissioner Shavey Absent: Alternate Commissioner Schmidt Staff Present: Ron Bunch, Community Development Director; Susan Hartnett, Assistant Community Development Director; Cheryl Caines,Associate Planner; Doreen Laughlin, Sr. Administrative Specialist 3. COMMUNICATIONS Jeremy Vermilyea informed the commission that he had been elected to be chair of the Tigard Transportation Advisory Committee (TTAC),which meets the first Wednesday of each month. There will be a meeting the upcoming Wednesday so he anticipates reporting back on that at a later time. 4. CONSIDER MEETING MINUTES 2-1-2010 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. At this point Walsh asked the commission to consider a change of order for the evening. This, in light of the fact that Community Development Director,Ron Bunch, wasn't feeling well and, to enable him to leave earlier and get some much needed rest, to take his item at the top of the order. No one objected so the workshop regarding Planning Commission goals and work plan for 2010 began. r:\r,RPr.N\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10.doc Page 1 of 7 • • 6. WORK SHOP—Goals for PC Work Plan, 2010 Vice President Vermilyea gave a quick run-down of what the Commission had asked of staff regarding their work plan. He said his preference was to be pro-active rather than reactive to what comes down the pike. Ron Bunch, Community Development Director, spoke to the subject. He said he would talk about the 10 or 12 items that the commission had asked him to identify that relate specifically to the Planning Commission's goals and work program. He said he also related them to what the City Council wishes to accomplish in the next year— both in the short-term and also in the mid-range projects two to five years out. He noted that two of Council's five goals are applicable to Community Development. They are 1) Implement the Comprehensive Plan, and 2) implement Downtown Urban Renewal. He went over his memo and spoke about the action items (objectives) associated with each of the two noted goals that require staff work (Exhibit A). QUESTIONS FROM COMMISSIONERS OF STAFF One of the commissioners said, I count at least 8 major topics and several sub-topics. We won't have the time to get to all of these in any great detail during the course of this year. How will we approach this?Will we set two or three priorities and then build a calendar around attacking those priorities?What's the thought process in terms of how we're going to go forward because I'm feeling a bit adrift in terms of what the next year is really going to look like. I'd like us to think about self-imposed deadlines, etc.What do we do next? Identify the two or three things we want to emphasize and then talk about the calendaring aspect of it or... how do we want to do this? Walsh said: "Along the same lines, I'd like to see some sort of matrix with what the priorities are. Bunch said he thinks that's important. The chronology on some of these have been set to a degree—the Transportation System Plan is underway, Downtown Circulation Plan is underway." Vermilyea interjected that he has a little deeper knowledge now that he's sitting on the TTAC. The TSP and the Downtown Circulation Plan's are pretty much "horses out of the barn."There's already been a year and a half, two years of work on each of those. The heavy lifting on those things has pretty much been done. To me those are in a separate category than the ones where we're really going to have to start from scratch: the Triangle, the 99W area—given the timing on the HCT [high capacity transit] issues, to me those two are high priorities and probably the top two. It seems to me we have to figure out of the others, the Community Development Code, the Tree Code, and the Public Facility Plan, particularly what the other thing is —that we are the ones who are going to be driving as opposed to the transportation related ones that are already kind of`down the road'. Bunch responded saying the tree code update is really high on council's agenda. They want that done —they've got the Urban Forestry Master Plan completed;however, they want to take enough time with the Tree Code to make sure we identify any potential problems. That's anywhere from an 8 to 21 month program. There are things we can get done in the interim. The I-5 99W multi-modal corridor refinement plan is about a 15 month project. 1:\LRPIN\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10.doc Page 2 of 7 • • We'll get the technical work done within the year and then review, and then we'll have some changes coming forward to you. Walsh reiterated that he would like a matrix of priorities and some timing—knowing how long these things are going to take. It would be very helpful to see all of that on one piece of paper. Please, if you could bring that back at a future time or just send it out by email so we can have it to review and then we can pick it up at a future meeting. Bunch thanked him and said he would do that. Commissioner Shavey asked what things the commission could do to help staff on this. Bunch said 99W is significant. I'm thinking of the Planning Commission in terms of playing a different role. In the past there've been a large number of projects and issues come forward. He said, in some respects, the Planning Commission deserves better communication on some of these big projects. We need to keep you in the loop in terms of what's happening,when it's happening, and also bring issues forward to the commission in the form of work sessions. These TGM projects are oftentimes strictly structured with a Technical Advisory Committee, a Citizen's Advisory Committee, and then a steering group that steers the project along a set course. My objective would be to keep the Planning Commission and other stakeholders in the loop on this very important issue. So that would be a big help. Also, we have some real code issues—regulatory issues we need assistance with. We'll be bringing these to you in fairly short order. Having the Planning Commissions' attention on those kinds of things - like the extension of approvals that you'll hear tonight— is going to be very important to us. We're all facing some challenging issues. Lastly, there are things that Council and staff has interest in - sustainability, economic development, etc. As we begin to develop those kinds of issues —working with you in work session would be very helpful. You will not lack for work this next year, I promise you that. So thank you for that question. Commissioner Muldoon said he'd like to see included on the matrix interdependencies and organizational drivers because there may be some things that the Commission can do that might not be the top level priority which have fewer drivers or where we have a greater role. Bunch noted that there are some synergies associated with implementing Urban Renewal decisions made with economic development, for example. TSP Plan, Hwy99W in terms of transportation efficiencies, so the interplay of those elements is important. He stated that he'd identify some of that. "Tree code—to what extent is the Tree Board going to be involved in dealing with the Tree code update - or do you see that more at the planning level?" Susan Hartnett,Assistant Community Development Director, answered briefly. She said they'd had a pretty lengthy conversation with Council about how to approach the Tree Code Project over all. They talked about 2 different optional ways to approach it and they did make a decision. She said she anticipates bringing that back to this group since this group was part of their joint conversation in January. We are also going to be proposing a specific community involvement approach which would include Tree Board,Parks and Recreation Board, and Transportation Advisory Committee members as sort of the core of that and then identifying additional community and industry related representation. We haven't necessarily I:\Id2PI.N\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10.doc Page 3 of 7 made a clear decision just yet as to whether or not we would invite a member of the Planning Commission to be the specific liaison. We thought that might be something we would talk to you about. Our notion is that the tree code cross-cuts so many interests that it doesn't make sense to say it's this group or that group. It really needs to be a little of everybody involved. Commissioner Vermilyea summed it up saying "It sounds to me that the way you're describing this is,we're going to have a dedicated group focused solely on tree code for a while and then we will get periodic updates of that and at some point have a work session and go through the final approval process. That's not going to be an integral sort of week by week, month by month project for us like it was when we did the Comp Plan." Hartnett: Yes, that's correct. Walsh reiterated that what the Commissioners are asking of Ron Bunch is a matrix adding priority timelines, drivers or interdependencies; and some summary comment regarding staff and resources required. He said he's anticipating a rather large piece of paper - but as brief as possible -in matrix format. He also asked whether there's an overall summary of the Comp Plan. He'd like to see that in the future. Commissioner Doherty added that that would be a very good communication tool: 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2010-00001 LAND USE APPROVAL EXTENSIONS REQUEST: The Community Development Director requests a development code amendment to amend the text of the Site Development Review (18.360),Land Partitions (18.420), and Subdivision (18.430) Chapters of the Tigard Community Development Code (TDC) extending land use decisions with approval periods lapsing between July 1, 2008 and December 31, 2011. The approval period will be extended through December 31, 2012. In addition, a new chapter is proposed (List of Term— 18.115) that lists all defined terms within the TDC. Walsh opened up the public hearing. STAFF REPORT Cheryl Caines,Associate Planner,went over the staff report (staff reports are available one week before each scheduled meeting.) Using a PowerPoint slide (Exhibit B) she went over the affected approval dates, expiration dates, and the new expiration date. She noted that staff is recommending that the Planning Commission find in favor of amending the Site Development Review, Land Partition, and Sub-division chapters of the Development Code as determined with the alterations that may come about through the public process. I:\LRPLN\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10.doc Page 4 of 7 • • SOME OF THE QUESTIONS FROM COMMISSIONERS OF STAFF You mentioned that codes have changed since some of these projects were approved... have they changed so greatly that it's not something that developers when— ayear or two down the road— would have to go through the entire the process again or were they code changes that thy can incorporate into what they already have? Caines: The only major amendment we've had is the Downtown Code. At this point there was one development from 2008 which has gotten an approval extension for the year and the applicant actually tried to incorporate what we had anticipated to be the design standards for the new Downtown Code into his plan. So he's pretty well set for fitting in with the new Development Code for Downtown. The other is the Knoll project on the corner of Hunziker and Hall that was just approved— they've already submitted for a building permit and have funding so they probably will be beginning their construction in the next 6 months. So the ending approval date would be June 30, 2010. Obviously, I don't anticipate any major code changes between now and June 30, 2010. So it would be really few of these cases that are affected by the code change. I don't foresee that it'd be a problem. If we approve this it will revive already expired approvals? Yes. Do you anticipate any projects that expired and were approved pursuant to Measure 37 claims being impacted by this? No. You raised an issue with respect to the omission of language regarding no additional extensions. If we approve this extension, and leave that language alone, and it turns out that 2012 isn't going to be enough time, we have to come back and re-extend it... Can we then at that time deal with that language issue? We could, yes. Susan Hartnett interjected"There are many other communities in the Metro areas that have done or are about to do similar extensions on their land use approvals and I frankly think we ought to think about the competitive disadvantage we would place Tigard in when the economy does begin to pick up.Jurisdictions that have a very high bar for entry into that community's development process are likely to see a longer return to normalcy. There is some advantage to us in not being too harsh on that. It's going to be a long, slow, return. Allowing some flexibility for those reviews that have already gone through the queue and got approved is I think in our best interest at this point—the community's best interest" Are the changes proposed consistent with what other communities are doing? Hartnett: Yes, they are. This was prompted by a request from a Tigard developer who has his ear to the ground on the commercial development side.This isn't really the residential side, and the commercial side is actually pacing behind the residential side. They're starting to see some pick-up in residential. Commercial is still going down. I:\LRPLN\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10.doc Page 5 of 7 . • PUBLIC TESTIMONY—IN FAVOR: None. PUBLIC TESTIMONY--OPPOSED: None. PUBLIC TESTIMONY CLOSED DELIBERATIONS Commissioner Doherty thinks it's a great idea. She thinks this is something that can go year by year. It's tough for some of those folks and if codes are not going to be a big issue then I don't see a problem. There was some discussion regarding the economy and the fact that,most likely, they need to be prepared to come back and look at this again. The general consensus was that this is the right move at this.point. MOTION: Commissioner Muldoon made the motion: "I move that we forward a recommendation of approval for application of Development Code Amendment DCA2010-00001 to amend the text for Site Development Review (18.360), Land Partitions (18.420), and Subdivision (18.430) Chapters of the Tigard Community Development Code to extend land use decisions with approval periods lapsing between July 1, 2008 and December 31, 2011. The extension would be advanced to extent through December 31,2013 [later corrected to 2012]. In addition, approval authorize the addition of a new chapter 18.115 listing defined TDC terms. No amendments to staff recommendations. The motion was seconded by Commissioner Doherty. (Commissioner Fishel corrected the motion to advance the extension to December 31, 2012—rather than the stated 2013. They all agreed to the correction and then a vote was taken. The motion CARRIED on a recorded vote, the Commission voted as follows: AYES: Commissioner Anderson, Commissioner Fishel, Commissioner Caffall, Commissioner Doherty, Commissioner Gaschke, Commissioner Hasman, Commissioner Muldoon, Commissioner Vermilyea, and Commissioner Walsh (9) I:\LRPLN\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10.doc Page 6 of 7 • NAYS: None (0) ABSTAINERS: None (0) ABSENT: None (0) President Walsh noted that this would go to Council on April 30th. 7. OTHER BUSINESS Commissioner Vermilyea noted that he'd forgotten to mention something during his update on the TTAC during the "Communications" portion of the agenda. He said the Tigard Transportation Advisory Committee is in the process of forwarding a bicycle &pedestrian sub-committee to look at bike/ped issues inside of Tigard. He said if anyone is interested in participating in that, they are welcome to do so. The TTAC meeting is on Wednesday (March 3) at 6:30pm in the 2nd floor conference room at the library. He suspected they will have additional information on when and where the bike/ped group is going to meet. Walsh went over the upcoming topics on the Planning Commission calendar. He gave a gentle reminder to the commissioners that, especially during public hearings, they need to ask to be recognized and wait to be called on by him before talking. 8. ADJOURNMENT President Walsh adjourned the meeting at 8:04 pm. Doreen Laughlin,Planning •mmission Secretary gip A . - 4 sent David alsh 1:\LRPLN\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10.doc Page 7 of 7 EXHIBIT A . MEMORANDUM TIGARD TO: Pres. Walsh,VP Vermilyea, & Planning Commission Members FROM: Ron Bunch, Community Development Director RE: 2010—2011 Planning Work Program DATE: February 24, 2010 • INTRODUCTION Staff appreciates the Planning Commission's interest in the tasks the Community Development (CD) Planning Divisions have before them this next fiscal year and beyond. The following summarizes these tasks. BACKGROUND / DISCUSSION CD's priority is to help Council achieve its 2010 goals. Two of Council's five goals are applicable to CD. They are 1) Implement the Comprehensive Plan, and 2) Implement Downtown Urban Renewal. Following are specific objectives associated with each of the two noted goals that require staff work: a) Complete the Transportation System Plan (rSP); b) Begin Area Plans (Tigard Triangle,99W Corridor,etc.); c) Continue to Promote and Plan for 99W(Pacific Highway) Light Rail; d) Initiate Developer Outreach and Recruitment for the Downtown; e) Adopt Downtown Circulation Plan;and f) Update the Tree code. 2010 Land Use /Transportation Projects which the Planning Divisions are, or will be,working to implement Council Goals and Objectives include the following: 1) 2035 Transportation System Plan; 2) Downtown Circulation Plan; 3) 99W High Capacity Transit (HCT) Land Use Plan (includes large parts of the Tigard Triangle); 4) Interstate 5 / 99W Corridor Multi-Modal Refinement Plan from(Portland to Tigard); 5) Funding Alternatives for Highway 99W HCT Alternatives Analysis; and 6) Tree Code Update. 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"T1 may. .q! ,i. 1 f ATTACHMENT 3 • Agenda Item: 5.1 Hearing Date: March 1,2010 Time: 7:00 PM STAFF REPORT TO THE . PLANNING COMMISSION : • FOR THE CITY OF TIGARD, OREGON SECTION I. APPLICATION SUMMARY CASE NAME: LAND USE APPROVAL EXTENSIONS CASE NO.: Development Code Amendment (DCA) DCA2010-00001 PROPOSAL: The Community Development Director requests a development code amendment to amend the text of the Site Development Review (18.360), Land Partitions (18.420), and Subdivision (18.430) Chapters of the Tigard Community Development Code (TDC) extending land use decisions with approval periods lapsing between July 1, 2008 and December 31, 2011. The approval period will be extended through December 31, 2012. In addition, a new chapter is proposed (List of Term— 18.115) that lists all defined terms within the'1'DC. APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONE: Not Applicable. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.380, 18.390, 18.420, and 18.430; Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goal 9, Economic Development; Goal 10,Housing; and Statewide Planning Goals 1, 2, 9 and 10. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find in favor to amend the Site Development Review, Land Partitions, and Subdivision regulations, with any alterations as determined through the public hearing process and make a final recommendation to the Tigard City Council. llCA2010-00001 LAND USE APPROVAL EXTENSIONS PAGE 1 OF 10 3/1/10 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION S • SECTION III. PROPOSAL & BACKGROUND INFORMATION The proposal is to amend the Site Development Review, Land Partitions, and Subdivision code section of the Tigard Community Development Code (TDC) extending land use decisions with approvals lapsing between July 1, 2008 and December 31, 2011. In addition, a new chapter (18.115 — List of Terms, Attachment 1) is proposed that lists all defined terms found in the TDC. The application was initiated by the City in response to the national economic downturn and requests made by applicants and interested parties, such as the Home- Builder's Association (HBA). Copies of letters received from John Wyland with J.T. Smith Companies and Ernie Platt with the Home Builder's Association are included in the Planning Commission packet (Attachments 2 & 3). Currently the TDC grants an eighteen month approval period for Site Development Review (SDR), Land Partitions (MLP), and Subdivisions (SUB) that begins on the date an approval becomes final or effective. The TDC allows the Community Development Director to grant a one year extension of the approval upon written request by the applicant, payment of the required fee, and satisfaction of approval criteria. Those criteria include: no changes made to the original plan approved by the Director, intent of initiating construction or recording of plat within the one year extension period, and no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. Subdivision extensions also require that the extension will not preclude the development of abutting properties. Staff has reviewed land use approvals from 2005 through 2009 and determined that there are a total of 42 cases that will be affected by this amendment. Of the 100 SDR, MLP, and SUB cases approved during this period, many cases are not affected by this amendment since the development was constructed, the applications were withdrawn, the sites were located in the Washington County Urban Service Area, or subdivision/partition plats were recorded. Of the 42 cases affected by the amendment - 12 are SDRs, 15 are MLPs, and 15 are SUBs. As of the date of this report, 12 had already expired. An additional 8 will expire in the next six months. The purpose of the proposed extension is to allow applicants to begin previously approved residential and commercial projects as soon as financial resources are available and the market demands. If there is no extension, applicants will need to re-apply for approval, which will take additional time and financial resources. The proposed amendment only affects SDRs, SUBs, and MLPs, all of which are Type II administrative decisions. Type III decisions are not included because the applications follow a different process and involve public hearings. Since the bulk of incomplete projects expire in 2009 and 2010, the time frame chosen captures the greatest number of cases affected by the economic downturn. By including approvals lapsing on December 31, 2011, the intent is to automatically extend these cases by the one (1) year allowed by code, but not allow further extensions. Many other jurisdictions in Oregon (Portland, Tualatin, Newberg, Bend, Redmond, and Albany) have approved similar code amendments extending approvals in light of the poor economic conditions. In addition to the extension language, a new chapter of the 'l'L)C is proposed (18.115- List of Terms). Many definitions can be found in chapter 18.120 — Definitions, but some are spread throughout the code and may be difficult to find. This user-friendly list indicates which terms are defined and where to find such definitions. ISSUE SUMMARY • This amendment was initiated by the City due to the economic downturn and request from applicants and interested parties. e The amendment only affects Type II Site Development Reviews, Subdivisions, and Minor Land Partitions, with approvals lapsing between July 1, 2008 and December 31, 2011. Currently there are 42 cases which would be extended. 1CA2010-00001 I,AN1) USE i APPROVAL 10C1'J;NSIONS PAGE 2 OE 10 3/1/10 PUBLIC I II?,\RING STAFF REPORT"1'O PLANNING COMMISSION • • o Land use approvals expire 18 months after the effective date unless under construction or a plat has been recorded. The existing code allows a one (1) year extension period to the original 18 month approval. o The amendment may facilitate the construction of previously approved commercial and residential development by allowing construction to begin as soon as the economy improves. Applicants may choose to act on the approval rather than letting them expire. Denying the amendment would require additional time for applicants to re-apply and payment of additional fees. It is also possible that the applicant would be subject to new code requirements adopted after their original approval. SECTION IV. SUMMARY OF APPLICABLE CRITERIA APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states that legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. The proposal is to amend chapters 18.360, 18.420, and 18.430 of the Tigard Development Code and creation of a new chapter, 18.115. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. Section 18.390.060.G establishes standard decision-making procedures for reviewing Type IV applications. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1) The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2) Any federal or state statutes or regulations found applicable; 3) Any applicable METRO regulations; 4) Any applicable comprehensive plan policies; and 5) Any applicable provisions of the City's implementing ordinances. Findings and conclusions are provided below for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. o The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; At least 45 day advance notice must be provided to the Oregon Department of Land Conservation and Development (DLCD). This notice was mailed on January 11, 2010, 48 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code (TDC) 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 (February 11, 2010) prior to the Planning Commission public hearing. A second notice will be published prior to the City Council hearing. In addition a notice of the public hearings was mailed to interested citizens, and a request for comments was sent to affected agencies. Statewide Planning Goal 2 —Land Use Planning This goal outlines the land use planning process and policy framework. The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process 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 DCA2010-00001 LAND USE APPROVAL EXTENSIONS PAGE 3 OF 10 3/1/10 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • amending the Code consistent with Goal 2. Statewide Planning Goal 9 — Economic Development This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Economic Development goal and policies is discussed later in this report. Statewide Planning Goal 10 — Housing This goal outlines provisions to insure state housing needs are met. This text amendment indirectly affects this goal by allowing more time for previously approved subdivisions and partitions to be completed, creating more sites for single family units. o Applicable Comprehensive Plan Policies: Comprehensive Plan Goal 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. Two public hearings are held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. The City has mailed notice of the Planning Commission and City Council hearings to interested citizens. A request for comments was mailed to affected agencies. The City published notice of the Planning Commission hearing in the Tigard-Tualatin Times (February 8, 2010). After the Planning Commission public hearing, additional notice will be published prior to the City Council hearing. With these public involvement provisions, the proposed Development Code Amendment is consistent with applicable Citizen Involvement policies. Comprehensive Plan Goal 2: Land Use Planning Goal 2.1: Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. Policy 2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. The current development code allows an applicant to request a one (1) year extension. An additional extension is proposed for land use decisions lapsing between July 1, 2008 and December 31, 2011. The request updates the implementing regulations of the Comprehensive Plan, which is the Tigard Development Code, consistent with the applicable provisions of the Land Use Planning Goal. Goal 9.1 Develop and maintain a strong, diversified, and sustainable local economy. Policy 3. The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Policy 1. The City shall adopt and maintain land use policies, codes, and standards that provide opportunities to develop a variety of housing types that meet the needs, preferences, and financial capabilities of Tigard's present and future residents. The proposed amendments are indirectly related to goals 9 (Economic Development) and 10 (Housing) of the DCA2010-00001 I.ANI) USE APPROVAL.I?X'1'1?NSIC)NS PAGE 401?10 3/1/10 PUBLIC I IlsARING STAFF REPORT TO PLANNING COMMISSION • • • Comprehensive Plan. The amendment will allow more time for projects to be completed when economic times are better, thus furthering the City goals for maintaining a strong economy and providing a variety of housing types. Any applicable provision of the City's implementing ordinances. Code Section 18.380 Zoning Map and Text Amendments: 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 Decision-Making Procedures: This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. DCA2010-00001 LAND USE APPROVAL EXTENSIONS CODE AMENDMENT Explanation of Formatting This text amendment employs the following formatting: [Bold/Underlined] —Text to be added [Stril et:II-rough] —Text to be removed New Code Chapter (18.115): (list of defined terms—see Attachment 1) Amended Code Chapters (18.360, 18.420, & 18.430): Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or major modification of an approved plan or existing development, as defined in Section 18.360.020.A, shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. B. Minor modifications. Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060, shall be processed as a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.360.060. DCA2010-00001 LAND USE APPROVAL EXTENSIONS PAGE 5 OF 10 3/1/10 PUBLIC ITEARING STAFF REPOR'1"1'O PLANNING COMMISSION • • C. Approval period. Site development review approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. The site development review approval by the Director shall lapse if: 1. Substantial construction of the approved plan has not begun within a one-and-one-half years period; or 2. Construction on the site is a departure from the approved plan. D. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year;provided that: 4-: a. No changes are made on the original site development review plan as approved by the Director; 2 b. The applicant can show intent of initiating construction on the site within the one-year extension period; and c. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Site Development Review lapsing between July 1, 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. E. Phased development. 1. The Director shall approve a time schedule for developing a site in phases over a period of time of one year, but in no case shall the total time period for all phases be greater than three years without reapplying for site development review. 2. The criteria for approving a phased site development review proposal is that all of the following are satisfied: a. The public facilities are constructed in conjunction with or prior to each phase; b. The development and occupancy of any phase is not dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard; c. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal; and d. The Director's decision may be appealed as provided by Section 18.390.040.G. No notice need be given of the Director's decision. 1)CA20]0-00001 ],,\ND USF,\PPRO\'.\],10(T1sNSIONS P,\GIi 6 OF 10 3/1/10 PUBLIC I II?,\1tING S1'AI'1'RI?POR'1"1'O PLANNING COMMISSION • • 3. The Director may waive or modify the approval period for projects within the Washington Square Regional Center in accordance with Section 18.630.020.C. (Ord. 09-13) 18.420 LAND PARTITIONS 18.420.030 Approval Process A. Decision-making process. The Director shall approve, approve with conditions or deny an application partition, which shall be reviewed by means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.420.050. B. Time limit on approval. The partition approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. C. Lapsing of approval. The partition or approval by the Director shall lapse if: 1. The partition has not been recorded or has been improperly recorded with Washington County without the satisfactory completion of all conditions attached to the approval; 2. The final recording is a departure from the approved plan. D. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 4- a. No changes are made on the original plan as approved by the Director; 2, b. The applicant can show intent of recording the approved partition or lot line adjustment within the one-year extension period; and 3- c. There have been no changes in the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Land Partitions lapsing between July 1, 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. 18.430 SUBDIVISIONS 18.430.030 Approval Process A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.040. . An application for subdivision may also be reviewed concurrently with an application for a planned development, as governed by Chapter 18.350. DCA2010-00001 LAND USE APPROVAL EX'I'BNSIONS PAGE 7 OF 10 3/1/10 PUBLIC I HEARING STAFF REPORT TO PL ANNTNG COMMISSION • B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.070. C. Approval period. Preliminary plat approval by the Approval Authority shall be effective for a period of 1- 1/2 years from the date of approval. The preliminary plat shall lapse if: 1. A final plat has not been submitted within a 1-1/2 year period; or 2. The final plat does not conform to the preliminary plat as approved or approved with conditions. • C. Extension. L The Director shall, upon written request by the applicant and payment of the required fee, grant one extension of the approval period not to exceed one year;provided that: a. No changes are made on the original preliminary plat plan as approved; 2 b. The applicant has expressed written intent of submitting a final plat within the one-year extension period; c. There have been no changes to the applicable ordinance provisions on which the approval was based; and 4. d. An extension of time will not preclude the development of abutting properties. 2. Approval periods for Subdivisions lapsing between July 1, 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. E. Phased development. 1. The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat; 2. The criteria for approving a phased site development review proposal are: a. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: (1) For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable City or district standard; and (2) The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. DCA2010-00001 LAND USI APPROVAL 1sX'n NSIONS PAGE 8 OF 10 3/1/10 PUBLIC IJ1;ARING STAFF R1?POWI"10 PLANNING COMMISSION • • 3. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. (Ord. 09- 13) SECTION V. STAFF ANALYSIS As demonstrated, the proposed amendment complies with the applicable state planning goals and City Comprehensive Plan Goals. One concern of extending previous approvals is that development will be constructed utilizing outdated standards due to amendments to regulations that may have occurred or will occur in the future. As of this date there have been few major amendments to the TUC that will affect the land use decisions lapsing between July 1, 2008 and December 31, 2011. The majority of the affected cases would be designed utilizing the same standards in place today. Staff has reviewed code amendments adopted since May 2008 and found one that that affects one of the 42 cases, the Dolan Commercial Building (SDR2007-00006). This proposed development is located on Main Street. New design and development standards were recently adopted for Tigard's Downtown. If the applicant had to re-apply, then the proposal would need to meet the new Downtown standards. In this case, the applicant was aware of possible code changes and worked with Staff to design a building incorporating the expected design standards. Other alternatives are listed below in Section VI. Expanding the amendment to include approvals expiring before June of 2008 and after December 31, 2011 does not seem necessary at this point. The majority of the affected cases will expire in 2010 and 2011. The end date of the recession cannot be determined at this time. If the Commission would like the option of additional extensions in the future, then the proposed clause prohibiting future extensions of these cases can be removed. SECTION VI. OTHER ALTERNATIVES No Action —The code would remain unchanged, and extensions for site development review, land partitions, and subdivision approvals would be limited to one (1) year. Expanded Action — Expand the time limitation to include approvals lapsing before June 30, 2008 or after December 31, 2011. Alternate Actions—To remove the clause prohibiting further extensions. SECTION VII. ADDITIONAL CITY STAFF, OUTSIDE AGENCY, AND INTERESTED PARTY COMMENTS The City of Tigard, Building Division, Public Works Department, and the Community Development Design Review Engineer were given copies of the proposed code amendment. No comments were received. Assistant Community Development Director, Susan Hartnett, suggested utilizing June 30th instead of July 1st as the beginning date and utilizing a table to show graphically the timeframes covered by the extension. City Arborist,Todd Prager, reviewed the proposal and had no comments or objections. Tualatin Valley Fire and Rescue, Metro, Tualatin Valley Water District, and the Oregon Department of Land Conservation and Development (DLCD) were notified of the proposed amendment. No comments were received. 1CA2010-00001 LAND USE APPROVAL EXTENSIONS PAGE 9 OF 10 3/1/10 PUBLIC IIE?ARING STAFF REPORT TO PLANNING COMMISSION • Clean Water Services was sent a copy of the proposed amendment and had no objections to or concerns with the proposal. ATTACHMENTS: Attachment 1: Proposed Chapter 18.115 —List of Terms Attachment 2: Letter from John Wyland,J. T. Smith Companies Attachment 3: Letter from Ernie Platt, Home Builders Association ' - uf``"j February 19, 2010 PREPARED BY: Cheryl Gaines DATE Associate Planner 1 l / • February 19, 2010 APPROVED'Y: Dic. Bewersdor,lf DATE Planning Manager • • DCA2010-00001 LANI) USE APPROVAL 1?X'1'l:'.NSIONS PAG1 10 OI'10 3/1/10 PUBLIC I IIF,ARING STAFF RI 1301.2.1"1'0 PLANNING COMMISSION • ATTACHMENT 1 • CHAPTER 18.115 LIST OF TERMS Sections: 18.115.010 List of Terms 18.115.010 List of Terms The following terms are defined in Chapter 18.120,Definitions,unless indicated otherwise. Abandoned Sign See Chapter Alley Banner See Chapter 18.780, 18.780, Signs Alteration, Structural Signs Abut Alternative Access Base Flood See Flood-Related Abutting Lots Amendment Definitions Accept Amenity Basement Access Americans with Disabilities Bay See Design-Related Definitions Accessory Building Act Belt Course See Design-Related Accessory Dwelling Unit See Annexation Definitions Dwelling-Related Definitions Antenna See also Chapter Bench Sign See Chapter 18.780, Accessory Structure 18.798, Wireless Signs Acre Communication Facilities Berm Active Use Facilities See Open Apartment See Dwelling-Related Bike Lane Space Facility-Related Definitions Bikeway Definitions Appeal Billboard See Chapter 18.780, Addition Applicant Signs Adjacent Lots See Abutting Lots Application Buildable Area Adjoining Lots See Abutting Approval Authority Building Lots Approved Plan Building Envelope Administrative Action Arcade See Design-Related Building,Primary Adult Bookstore See Adult Definitions Building Height Entertainment-Related Archaeological Site Building Official; See also Definitions Area See Chapter 18.780, Signs Chapter 18.780, Signs Adult Entertainment-Related Argument See Section Building Permit Definitions 18.390.080, General Provisions Business See Chapter 18.780, • Adult Bookstore Assessed Valuation Signs • Adult Motion Picture Attached Dwelling See Caliper Theater Dwelling-Related Definitions Canopy See Design-Related • Specified Anatomical Areas Awning See Design-Related Definitions • Specified Sexual Activities Definitions Canopy Cover See Chapter Adult Motion Picture Theater Awning Sign See Chapter 18.790, Tree Removal See Adult Entertainment- 18.780, Signs Chamfer See Design-Related Related Definitions Balloon See Chapter 18.780, Definitions `A'-Frame Sign See Chapter Signs Change of Use 18.780, Signs Band See Design-Related City Definitions City Engineer Aisle • • City of Tigard Demolish Duplex See Dwelling-Related City Recorder Density Definitions Collocation See Chapter 18.798, Density Bonus Dwelling See Dwelling-Related Wireless Communication Density Transfer Definitions Facilities Design-Related Definitions Dwelling-Related Definitions Column See Design-Related • Arcade e Accessory Dwelling Unit Definitions • Awning • Apartment Commercial Forestry See .• Band - • Attached Dwelling Chapter 18.790, Tree Removal • Bay • Detached Dwelling Commission • Belt Course Common Wall • Duplex • Canopy • Dwelling Complete and Entire • Chamfer • Manufactured Home Complex Comprehensive See • Column • Multiple-Family Dwelling Comprehensive Plan-Related • Cornice • Single-Family Dwelling Definitions a Eaves Easement Comprehensive Plan-Related • Entry Eaves See Design-Related Definitions • Frieze Definitions • Comprehensive ® Mar uee Effective Date See Section q 18.390.080, General Provisions e Generalised a Medallion • Land Egress • Parapet Electrical Sign See Chapter • Plan Coordination • Pilaster 18.780, Signs Conditional Use • String C Construct See Chapter 18.780, g ourse Electronic Information Sign • Transom See Chapter 18.780, Signs Signs Contiguous • Turret Enlargement Contiguous Lots See Abutting • Visible Transmittance Entry See Design-Related Lots Detached Dwelling See Definitions Corner Lot See Lot-Related Dwelling-Related f De Definitions Entryway Sign See Chapter Definitions Development 18.780, Signs Corner Side See Yard-Related Development Adjustment See Evidence See Section Definitions Section 18.370.020, 18.390.080, General Provisions Cornice See Design-Related Adjustments Exception Definitions Development Review See FAA See Chapter 18.798, Council Chapter 18.780, Signs Wireless Communication Covered Soil Area See Development Site Facilities Landscaping-Related Definitions Directional Sign See Chapter Face Cul-de-sac 18.780, Signs Face of a Building See Chapter Cultural Institution Auxiliary Director 18.780, Signs Sign See Chapter 18.780, Signs Display Surface See Chapter FCC See Chapter 18.798, Cutout See Chapter 18.780, 18.780, Signs Wireless Communication Signs Drainage Way Facilities Dedication Drive-Through Facility Fence, Sight-Obscuring Dedication, Fee In Lieu Of Driveway Final Action Final Decision See.Final Action Deed • • Final For Purposes Of Appeal Habitable Floor Area Lot Area See Lot-Related See Section 18.390.080, Hazardous Tree See Chapter Definitions General Provisions 18.790, Tree Removal Lot Averaging See Lot-Related Final Order See Final Action Home Occupation Definitions Findings Homeowners Association Lot Coverage See Lot-Related Flag Lot See Lot-Related Household Definitions Definitions Housing Complex See Chapter Lot Depth See Lot-Related Flashing Sign See Chapter 18.780, Signs Definitions 18.780, Signs Immediate or Serious Danger Lot Line See Lot-Related Floodplain See Flood-Related See Chapter 18.780, Signs Definitions Definitions Impact Analysis Lot Line Adjustment See Lot- Flood-Related Definitions Impervious Surface Related Definitions o Base Flood Implementing Ordinance Lot of Record See Lot-Related ® Floodplain Improved Lot See Lot-Related Definitions • Floodway Definitions Lot-Related Definitions • Floodway Fringe Improvement • Corner Lot Floodway See Flood-Related Industrial Park See Chapter • Flag Lot 18.780, Signs Definitions • Front Lot Line Ingress Floodway Fringe See Flood e Improved Lot Related Definitions Interior Lot See Lot Related • Interior Lot Definitions Floor Area Land See Comprehensive Plan- ®Lot Floor Area Ratio 0 Lot Area Flush Pitched Roof Sign See Related Definitions Chapter 18.780, Signs Land Form Alteration 0 Lot Averaging Freestanding Sign See Chapter Landscaping Lot Coverage 18.780, Signs Landscaping-Related o Lot Depth Freeway Interchange See Definitions ®Lot Line • Covered Soil Area o Lot Line Adjustment Chapter 18.780, Signs 1 Freeway-Oriented Sign See • Open Soil o Lot of Record Chapter 18.780, Signs • Root Paths o Lot Width Frieze See Design-Related • Soil Volume Calculations • Rear Lot Line Definitions Lattice Tower See Chapter • Side Lot Line Front See Yard-Related 18.798, Wireless • Substandard Lot Definitions Communication Facilities Frontage See also Chapter Lawn Sign See Chapter 18.780, ° Tax Lot ° Through Lot 18.780, Signs Signs • Zero Lot Line Front Lot Line See Lot-Related Legal Entity See Chapter Definitions 18.780, Signs, `Business" Lot Width See Lot-Related Garage Legislative Definitions Generalized See Comprehensive Lighting Methods See Chapter Maintenance See Chapter Plan-Related Definitions 18.780, Signs 18.780, Signs Glare Loading Area See Loading Space Manufactured Home See Guyed Tower See Chapter Loading Space Dwelling-Related Definitions 18.798, Wireless Lot See Lot-Related Definitions Marquee See Design-Related Communication Facilities Definitions . • Medallion See Design-Related Oregon Revised Statutes Rear Lot Line See Lot-Related Definitions Outdoor Storage Definitions Minimal Use Facilities See Open Owner Receipt Space Facility-Related Painted Wall Decorations See Recreational Vehicles Definitions Chapter 18.780, Signs Remodel Mitigation Painted Wall Highlights See Removal See Chapter 18.790, Mixed Solid Waste See Chapter Chapter 18.780, Signs Tree Removal 18.755,Mixed Solid Waste Painted Wall Sign See Chapter Reserve Strip And Reyclable Storage 18.780, Signs Residence Mixed-Use Development Parapet See Design-Related Residential Trailer Mobile Home Definitions Responsible Party, See Section Mobile Home Park Park 18.230.030,Penalty Mobile Home Subdivision Parking Space Revolving Sign See Chapter Monopole See Chapter 18.798, Partition 18.780, Signs Wireless Communication Party Right-of-Way Facilities _ Passive Use Facilities See Open Road Moving Sign See Chapter Space Facility-Related Roof 18.780, Signs Definitions Roof Line See Chapter 18.780, • Multiple-Family Dwelling See Perimeter Signs Dwelling-Related Definitions Permitted Use Roof Sign See Chapter 18.780, Multi-Unit Residential Person See also Chapter 18.780, Signs Building See Chapter 18.755, Signs Root Paths See Landscaping- Mixed Solid Waste And Pilaster See Design-Related Related Definitions Reyclable Storage Definitions Rotating Sign See Chapter Neighborhood Activity Center Plan Coordination See 18.780, Signs Noise Comprehensive Plan-Related Sensitive Lands See Chapter Nonconforming Sign See Definitions 18.790, Tree Removal Chapter 18.780, Signs Plat Setback Nonconforming Situation Premises See Chapter 18.780, Shopping Center See Chapter Non-Residential Building See Signs 18.780, Signs Chapter 18.755,Mixed Solid Projecting Sign See Chapter Shopping Plaza See Chapter Waste And Recyclable Storage 18.780, Signs 18.780, Signs Non-Structural Trim See Projection See also Chapter Side See Yard-Related Definitions Chapter 18.780, Signs 18.780, Signs Side Lot Line See Lot-Related Occupancy Permit Provider See Chapter 18.798, Definitions Off-Site Impact Wireless Communication Sign See Chapter 18.780, Signs Off-Site Improvement Facilities Sign Structure See Chapter Open Soil See Landscaping- Pruning See Chapter 18.790, 18.780, Signs Related Definitions Tree Removal Single-Family Dwelling See Open Space Facility-Related Public Business Day Dwelling-Related Definitions Definitions Public Support Facilities Site e Active Use Facilities Quasi Judicial Slope o Minimal Use Facilities Reader-Board Sign See Chapter Soil Volume Calculations See e Passive Use Facilities 18.780, Signs Landscaping-Related Definitions Oregon Administrative Rules Rear See Yard Related Definitions • • Source-Separated Recyclable Transom See Design-Related See Chapter 18.755,Mixed Definitions Solid Waste And Recyclable Tree See also Chapter 18.790, Storage Tree Removal Special Adjustments, See Turret See Design-Related Section 18.370.020, Definitions Adjustments Uniform Building Code See Specified Anatomical Areas See Chapter 18.780, Signs Adult Entertainment-Related Use Definitions Vehicle Parking Space Specified Sexual Activities See Visible Transmittance See Adult Entertainment-Related Design-Related Definitions Definitions Vision Clearance Area Storage Area See Chapter Visual Obstruction 18.755,Mixed Solid Waste Wall Sign See Chapter 18.780, And Reyclable Storage Signs Story Wetlands Story, First Will Story, Half Window Street Wireless Communication Street,Private Facility See Chapter 18.798, Street,Public Wireless Communication String Course See Design-Related Facilities Definitions Wireless Communication Structural Alteration See Facility,Attached See Chapter Chapter 18.780, Signs 18.798, Wireless Structure Communication Facilities Subdivision Wireless Communication Substandard Lot See Lot-Related Transmissions Towers See Definitions Chapter 18.798, Wireless Substantial Improvement Communication Facilities Surface Street See Chapter Yard See Yard-Related Definitions 18.780, Signs Yard-Related Definitions Tax Lot See Lot-Related • Corner Side Definitions • Front Temporary Sign See Chapter 0 Rear 18.780, Signs • Side Temporary Use • Yard Tenant Sign See Chapter 18.780, Zero Lot Line See Lot-Related Signs Through Lot See Lot-Related Definitions Definitions Zoning District Tigard-Based Nonprofit Organization Traffic Flow Plan Jl1IVI IL V V I L/11V.., bU,Sb/9b69' ATTACHMENT 2 •• • December 18th 2009 City of Tigard Cheryl Caine 13125 SW Hall Blvd Tigard, OR 97223 Re: City of Tigard proposal to extend timelines for existing Land Use Approvals Ms. Caine; Our company owns approximately 20 acres within the bull mountain area of Tigard_ The property currently has City land use approvals for a residential • subdivision known as Sunrise Lane_ We have worked on land use approvals and annexation for this property over the last 4 years. Like most of our society, we did not foresee the current economic downturn. We understand that City staff is working toward action to extend existing land use approvals. We are in complete support of City staff extending current land use approvals to help Tigard property owners maintain their investments and property values. We have instilled some very hard work and invested a great deal of money into Sunrise Lane. As I think you would agree, we hope that the economy will turn around within the next three years and an extension would help greatly. Two suggestions I would make are take action swiftly and keep the proposed extension language simple. We have until July 2010 to complete certain improvements on the site, there are some very important lead time items involved to be able to complete those improvements on time. In order for our company to plan ahead, the approval for land use extension must happen early next quarter, ideally for our property, be completed by late February or early March. To do this I would suggest that you notify DLCD to ensure that their required notice period will not obstruct you from getting this action in front of the Council for a vote at the earliest possible hearing. By making the extension language simple, both Planning Commission and City Council are more likely to have fewer questions and may facilitate a quicker decision. Please keep me posted as your work progresses on this matter. Do not hesitate to call me with any questions at 503-209-7555. Sincerely; • John Wyland SRL 79 LLC Cc; Nick Wilson;Via E-mail Gary Pagenstecher; Via E-mail Susan Hartnett Via E-mail J.T. SMITH - 209_ Coeur D'Aene Dr. �uS•6E7. 34;7.2 vNI1.r-srlit-loacOm ATTACHMENT 3 • HB• Home Builders Association :;; ri 4 of Metropolitan Portland • ® FEB 1 1 MO February 10, 2010 cretT''OF—MARDI PLANK*GIPN INEE N Mr. David Walsh Chair, Tigard Planning Commission Planning Commissioners City Hall 13125 SW Hall Blvd. Tigard, OR 97223 RE: Development Code Amendment 2010-00001 Dear Chair Walsh and Commissioners: It is on behalf of the 1000+ members of the Home Builders Assn. of Metro Portland that I am sending you these comments. As we know all too well, this region and even the entire country has been experiencing a severe economic downturn, and this is particularly evident in the homebuilding industry. There are countless builders and developers who have submitted applications for partitioning of property or other land use actions, who simply have not had the ability to go forward with their projects. •This proposal before you is a very straight forward approach at a code amendment that will allow many applicants to keep their projects `alive', with some hope of going forward with the expectation that these economic times will improve. I urge you to act favorably on this proposed amendment to the Tigard code, and to recommend its approval to the city council. Thank you for the opportunity to provide these comments. Sincer � Ef nre Platt Director of Local Government Affairs 15555 SW Bangy Road 0 Suite 301 0 Lake Oswego, Oregon 97035 Phone: 503.684.1880 • Fax: 503.684.0588 ® www.homebuildersportland.org Striving for Affordability, Balance and Choice Land Use Cases Lapsing Between July 1, 2008 and December 31, 2011 (as of 4/6/2010) IFile Number Name Location I Expiration Date Extension Filed 2006 SUB2006-00013 Cross Ridge Estates 14175 SW 103rd Ave. 12/2/2009 yes MLP2006-00003 Schenk Partition 9175 SW N.Dakota St. 12/6/2008 no 2007 SUB2007-00001 Fanno Ranch 14775 SW 76th Ave. 11/17/2008 no SUB2007-00003 Foster Estates 14259 SW 100th Ave. 3/17/2009 no SUB2007-00004 Samson Heights 14504 SW Fern St. 2/17/2009 no SUB2007-00006 Greco Estates 9350 SW Lehman St. 5/17/2010 yes SUB2007-00007 Nash Garden 10342 SW McDonald St. 6/7/2010 yes SUB2007-00008 Sunrise Lane 14825 SW Sunrise Ln. 7/11/2010 yes IP SUB2007-00009 Hunters Trail 13740 SW Ash Ave. 8/12/2009 no SUB2007-00010 Aspen Gardens 12030 SW 135th Ave. 4/24/2009 no SUB2007-00011 Troy Park 12300 SW Bull Mtn.Rd. 6/12/2010 yes SUB2007-00013 Gertz Homes II 8990 SW Edgewood St. 4/2/2011 yes -- MLP2007-00003 Westview Partition 10800 SW N.Dakota St. 1 3/23/2009 no MLP2007-00007 Anderson Partition 12330 SW 121st Ave. I 1/10/2010 no MLP2007-00009 Fisher Partition 9240 SW O'Mara St. 5/6/2010 yes MLP2007-00012 Maxim Partition 10765 SW N. Dakota St. 5/21/2009 no MLP2007-00015 Ajami Partition 10660 SW 71st Ave. 9/15/2010 yes — MLP2007-00017 Gavojdea Partition 12625 SW Grant Ave. 9/26/2009 no SDR2007-00003 One Dartmouth (Specht) 6860 SW Clinton St. 4/20/2010 yes II SDR2007-00006 Dolan Commercial Bldg 12500 SW Main St. 7/31/2010 yes SDR2007-00007 Arnell Office Bldg 11725 SW 68th Ave. 9/11/2010 no SDR2007-00008 Amber Woods 11930 SW 70th Ave. 5/29/2010 yes SDR2007-00010 RCM Office Building 7050 SW Clinton St. 12/26/2009 no 2008 SUB2008-00001 Rosewood Court 14010 SW Hall Blvd. 7/8/2010 no H SUB2008-00002 Medallion Meadows 11760 SW Gaarde St. 2/20/2010 no SUB2008-00003 Highland Hills WACO 9/10/2011 WACO SUB2008-00004 Jamestowne Village 122nd and SW James St. 3/24/2010 no I 1 Land Use Cases Lapsing Between July 1, 2008 and December 31, 2011 (as of 4/6/2010) MLP2008-00002 Fifth Avenue Investments 8876 SW Edgewood St. I 11/21/2009 no • MLP2008-00003 Jensen Partition 12660 SW 136th Ct. 10/18/2010 yes MLP2008-00004 Bean Partition 11400 SW Fonner St. 1/11/2011 yes MLP2008-00005 Re to Partition 11400 SW 90th Ave. 2/16/2011 yes MLP2008-00007 Agnesse Partition 11640 SW 95th Ave. 4/14/2010 no MLP2008-00008 Gilbert Partition 6816 SW Walnut Terr. 4/7/2011 no SDR2008-00003 Dartmouth Commons 11930 SW 72nd Ave. 6/24/2010 no SDR2008-00007 Lanphere Enterprises 10655 SW Greenburg Rd. 10/30/2010 no SDR2008-00008 Sylvan Industries 7404 SW Cherry St. 4/8/2011 no • 2009 MLP2009-00003 Sanders Partition 12390 SW 106th Ave. 1/8/2011 no MLP2009-00002 Cross Partition WACO 8/3/2011 WACO SDR2009-00003 Luke-Dorf 11895 SW Greenburg Rd. 6/2/2011 no SDR2009-00005 The Knoll at Tigard 112340 SW Hall Blvd. 9/6/2011 no SDR2009-00006 Dave&Busters 10125 SW Wash Sq.Rd. 9/11/2011 no SDR2009-00007 AutoZone 13405 SW Pacific Hwy. TBD 2010 MLP2010-00001 Sonic Partition 15300 SW Pacific Hwy. BD SDR2010-00001 Pittman/Brooks Addition 15255 SW 72nd Ave. TBD I i I. I. WACO -Cases approved by Washington County and annexed into the City of Tigard. These cases will not be affected. • TBD - Cases still in review. Lapsing dates have not been determined. I I r- • Agenda Item# Meeting Date March 30,2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard,Oregon Issue/Agenda Title Discussion of Code Amendment to Extend Land Use Approvals P Pre ared By: Cheryl Cakes Dept Head Approval: C`'�` +J City Mgr Approval: ISSUE BEFORE THE COUNCIL Discuss a proposed code amendment extending previously approved land use decisions prior to the City Council hearing scheduled for April 13,2010. STAFF RECOMMENDATION Receive information about the potential effect anticipated legislation may have on development standards, specifically land division applications (partitions and subdivisions). KEY FACTS AND INFORMATION SUMMARY • The City is considering a code amendment to extend land use approvals for Site Development Reviews, Subdivisions, and Minor Land Partitions (DCA2010-00001). This amendment is proposed as a means to respond to the economy. • The cases affected are those with approvals lapsing between July 1, 2008 and December 31, 2011. The lapsing date would be automatically extended through December 31, 2012. ♦ There are 15 subdivisions and 15 partitions that will be extended by the proposed amendment. • Planning Commission held a public hearing on March 1, 2010 to discuss the amendment. No one testified in favor or opposition of the amendment. ♦ There was some discussion of code amendments since the original approvals, such as the Downtown code standards, and amendments to be approved in the near future, of which there are none. The motion to recommend approval of the amendment as proposed passed 9-0. • Following Council's decision in mid-February to undertake a comprehensive update of the Urban Forestry regulations, staff has been refining the work scope of that effort. It has recently become clear that the project may have a more significant effect on development and subdivision regulation than was anticipated when the Planning Commission heard this matter in early March. • Staff wants to update the Council prior to the hearing scheduled for April 13,2010. OTHER ALTERNATIVES CONSIDERED None. • • a ' r CITY COUNCIL GOALS Council Goal 1 -Implement the Comprehensive Plan by amending the tree code. ATTACHMENT LIST Attachment 1: Proposed Code Amendments FISCAL NOTES There is no fiscal impact anticipated for this action. ` • • Attachment 1 DCA2010 00001/LAND USE APPRC VA EXTENS Old . - 'io o F 0 laria This:te_xt amendment=employs:the following formatting [Boa'd%ITrid.7 inedj; =Textao':be:ad veil:: ? ; ; °_ ;:::.`; ;'`; :` ':`;:'::; [S l l igk]77Y--C t.to:<lie xemo; . New Code Chapter (18.115): Chapter 18.115; LIST OF TERMS '' Sections: 18.115.010 List of Terms - _ 18.115.010 List of Terms a �M- " :- The following terms are defined in Ch' `ter 18: 20;Definitions unless indicated otherwise. �. try " -Ai� e nt 1) WVst of defined terms-"settach ties ` alit Y":AI !�y .Jt - - '*t-%r* Amen Code hap (18.360;;18.420,'�8-18430) # l'fi'',, CIaapter 18360 ` SIDE DEVELOPMENT REVIEW :A Ac 18.360.030 Approva cess . :x A. New developments anil`fl aj'br modifications. Site development review for a new development or major modification of an approved plan or existing development,as defined in Section 18.360.020,A,shall be processed by means of a Type II procedure,as governed by Section 18.390.040,using approval criteria contained in Section 18.360.090. B. Minor modifications. Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060,shall be processed as a Type I procedure,as governed by Section 18.390.030,using approval criteria contained in Section 18.360.060. C. Approval period. Site development review approval by the Director shall be effective for a period of 1-1/2 years from the date of approval.The site development review approval by the Director shall lapse if - • • i 1. Substantial construction of the approved plan has not begun within a one-and-one-half years period;or 2. Construction on the site is a departure from the approved plan., D. Extension. 1. The Director shall,upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed oneyear;provided that: 4-: a No changes are made on the original In site develo ch review plan as approved by the T;;r: •tie Director; ` ;q.=:: 27 12, The applicant can show intent of initiating;c_Oiastruction o_n:gie site within the one-year extension period; and ,,c4: `' `,. 3: C. There have been no changes to the ap.0 ble Comprehensive Plari`policies and ordinance provisions on which the approval was b 2. Approval periods for Site`D_evelopment Rev w lapsing between July 1. 2008 and December 31, 2011 shall be automatically extendldthrough December 31, 2012. No further extensions will be granted. r _ - " r,4, E. Phased development * -:' _ , -4" 1. The Director l appro time schedule;. or;develop g a site in phases over a period of time of one year; _ t in no - .i shall the-toral`time period' or all phases be greater than three years without reaps 'r:Sng fosse development,.review. '''AqK 450/It**. :,,,,,, 2. The criteriia-�f`or=,approve :,,A3hased'sit�e velopinent review proposal is that all of the 3 following are satisfied: •• .- ° ''''''41P' a. Thiepublic facilities are conned in conjunction with or prior to each phase; b. The`development and ?ccupancy of any phase is not dependent on the use of temporary public facilities.A ten iporary public facility is any facility not constructed to the , applicable . or district standard; VEc Pl c. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal;and • d. The Director's decision may be appealed as provided by Section 18.390.040.G. No notice need be given of the Director's decision. 3. The Director may waive or modify the approval period for projects within the Washington Square Regional Center in accordance with Section 18.630.020.C. (Ord. 09-13) • • 18.420 LAND PARTITIONS 18.420.030 Approval Process A. Decision-making process. The Director shall approve, approve with conditions or deny an application partition,which shall be reviewed by means of a Type II procedure, as governed by Chapter 18.390,using approval criteria contained in Section w 20.050. 4,` B. Time limit on approval. The partition approval by the �xector shall be effective for a period of 1-1/2 years from the date of approval. '-0;;,, C. Lapsing of approval. The partition or approyai the Director sli-"j a..se if 1. The partition has not been recorded or has been improperly re i e_d with Washington County without the satisfactory completior'of all conditions attached �t e approval; 2. The final recording is a depa"' m the approve1an. � D. Extension. 'µ t� ~s =v - ;° o p 'ea.nt aria a ent of the required fee, 1. The Director shall�upeiin_�written req: t by� ; �, . � �p ym q grant an extension l'of th.e'a}proval perio n4:tp exceee i .year provided that 17 & No changes are-Made or :tlae original p a as approved by the Director; b.-T '°ir. an s Jir intent of rec p ie approved partition or lot line adjustment _e app3Z: -; can show;{ ,....,Qx; Pp s thin the o' dr extension period anel_ 3•: c , e have been i. changes, in the applicable Comprehensive Plan policies and orcltnapce provision on which the approval was based. 2. Approval f) .ads for Lard: Partitions lapsing between July 1, 2008 and December 31, 2011 shall b etomi'tr�cally extended through December 31, 2012. No further l extensions wilened. 18.430 SUBDIVISIONS 18.430.030 Approval Process A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of a Type II procedure, as governed by Chapter 18.390,using approval criteria contained in Section 18.430.040.An application for subdivision may also be reviewed concurrently with an application for a planned development,as governed by Chapter 18.350. Ill • B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.070. C. Approval period. Preliminary plat approval by the Approval Authority shall be effective for a period of 1-1/2 years from the date of approval. The preliminary plat shall lapse if: 1. A final plat has not been submitted within a 1-1/2 year period;or fns 2. The final plat does not conform to the preluninaJat as approved or approved with conditions. C. Extension. _ _ N,31%,, 1. The Director shall, upon written request::by the applicant and p'y�ient of the required fee, grant one extension of the approval period ti o,t to exceed one year;pr©lded that a. No changes are made on th-\original preliminary=i�lat Ilan as approved >.. 2: b. The applicant has expresses w� enjntent of"submitting a final plat within the one-year extension period; '4., , c. There have,:°--J een no,changes« the ap;l.c 8 rdinance provisions on which the v was-base d• '. . ""'- appxo approval ,and r�- : -, 4. d. An extension'otime will= ot preclude �e development of abutting properties. 2. A r_o'v'al periods for'S;u'bdivisions=lapsing between July 1, 2008 and December 31, 0" hall b toms:"a extend d hro •h a - .ember 3 2012. No further Y-Pensions will b�-' anted:'``_`= ,_ E. Phased dde ' '"4;= =e opment. „�s 1. The Approuthori {;, ay approve a time schedule for developing a subdivision in phases,but in° - e . R'.the actual construction time period for any phase be greater than p �w� . P YP � two years withou' e b -<; •g for a preliminary plat; 2. The criteria for approving a phased site development review proposal are: a. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; . b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: (1) For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable City or district standard;and • • (2) The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. 3. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. (Ord. 09-13) '<o sv` f4 J 3 , '''1'.-.0:1*. ...., .,r.;1.;`' - 4-''�` 46'. E.Y. : _ -_ 4';',14.1:g "•ate -'1;'i!:`-1.' - • Y.z i'4 'fit':t,',r, '^,;«:zF` JY.. • • • • , COMMUNITY - SP! 11 NEWR$S PUBLIC HEARING ITEM• 6605 SE Lake Road,Portland,OR 97222 The following will be considered by the PO Box 22109 Portland OR 97269-2109 Y1 Tigard City Council at a Public Hearing on Tuesday April 13, 2010 at 7:30 PM at the Phone:503-684-0360 Fax:503-620-3433 Tigard Civic Center - Town Hall, 13125 SW E-mail: legals@commnewspapers.com Hall Blvd.,Tigard,Oregon. TIGARD Public oral or written testimony is invited. AFFIDAVIT O F PUBLICATION I ' The public hearing on this matter win Oc netu State of Oregon, County of Washington, SS ` under Title 18 and rules of procedure adopted by the Council I, Charlotte Allsop, being the first duly sworn, and available at City Hall or the rules of procedure set forth in- depose and say that I am the Accounting Section 18.390.060.E. The Planning Commission's review is for Manager of The Times (serving Tigard, ) the purpose of making a recommendation to the City Council on Manager & Sherwood), a newspaper Tigard, of the request. The Council will then hold a public hearing on the request prior to making a decision. , _ general circulation, published at Beaverton, • in the aforesaid county and state, as defined Further information may be obtained from the City of Tigard by ORS 193.010 and 193.020; that Planning Division (Staff contact: Cheryl Caines) at 13125 SW Hall Blvd., Tigard, Oregon 97223 Or by calling 503-639- City of Tigard 4171. • Public Hearing/DCA2010-00001 DEVELOPMENT CODE AMENDMENT(DCA) TT11423 2010-00001 LAND USE APPROVAL EXTENSIONS .REQUEST: The Community Development Director requests a development code amendment to amend the text of the Site A copy of which is hereto annexed,was Development Review (18.360), . Land Partitions (18.420),_ published in the entire issue of said and Subdivision (18.430) Chapters of the Tigard Community newspaper for Development Code (TDC) extending land use decisions with. . 1 approval periods lapsing between July 1, 2008 and December week in the following 31, 2011. The approval period will be extended through g Issue: December 31, 2012. In addition, a new chapter is proposed March 25, 2010 (List of Term — 18.115) that lists all defined terms within the TDC. LOCATION:'Citywide. COMPREHENSIVE PLAN Ug-140 DESIGNATION: Not applicable. ZONE: Not applicable. APPLICABLE REVIEW CRITERIA: Community •Charlotte Allsop (Accounting anager} Development Code Chapters 18.360, 18.380, 18:390, 18.420, and 18.430;Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goal 9, Economic Development; Subscribed and sworn to before me this Goal 10,1Housing;and Statewide Planning Goals 1,2,9 and 10. March 25, 2010. The proposed amendments are available for review on the City's cam-"• Web site at http://www.tigard-or.gov/city hall/departments/cd/ (y , code amendment.asp. a w t Publish 03/25/2010. TT- 11423-• " my wimp/1100w'.[Armco Wont 107 cures_l NOTARY PUBLIC FOR OREGO My commission expires Acct#10093001 • Attn: Patty Lunsford City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Size: 2 x 5.75 Amount Due: $96.03* `Please remit to address above. • ..r... ......►.■J IA.. ■ .}.._�.. .... ... .",:..,,;aye;.,+:.,. . "' ,�:...,. ' * :?:.Sic?.tltl 3 � ; �Y:U{kaSuittp lilt t5to M'=GGsS. ei , t# • rA •uRelens u! coz-1i5-I uaaMjaq • • : . aue16aag1CN uo paleool Alluaivanuo0 ::,•.. .goa-i na1:r 1k %y =3J , [9,:-,. '.,; .J ('' ,dsoH ," '? ul BJegIN MS j te+ a 1 c • r } ��, Pk! e4�N MS COMMUNITY y . el ��' 1 SPAPEkS oBems0 elel 6605 SE Lake Road,Portland,OR 97222 }j� Nod BPNe •PO Box 22109 Portland OR 97269-2109 Phone:503-684-0360 Fax:503-620-3433 ",� E-mail: Iegals @commnewspapers.com • Y $.41:4 i fi 4" Y AFFIDAVIT OF PUBLICATION State of Oregon, County of Washington, SS I, Charlotte Allsop, being the first duly sworn, depose and say that I am the Accounting Manager of The Times (serving Tigard, Tualatin & Sherwood), a newspaper of general circulation, published at Beaverton, in the aforesaid county and state, as defined by ORS 193.010 and 193.020; that City of Tigard Public Hearing/DCA2010-00001 TT11423 A copy of which is hereto annexed, was published in the entire issue of said newspaper for 1 week in the following issue: March 25, 2010 cyLkcko Charlotte Allsop (Accounting anager) - Subscribed and sworn to before me this March 25, 2010. ,■ OFFICIAL SEAL �� ROBIN A BURGESS : . NOTARY PUBLIC•OREGON �,;;',, COMMISSION N0.43728 2013 MISSION EXPIRES MAY 16,Ze4) MYCOM NOTARY PUBLIC FOR OREGONI:��� My commission expires Acct#10093001 . Attn: Patty Lunsford City of Tigard ' 13125 SW Hall Blvd . Tigard, OR 97223 Size: 2 x5.75 Amount Due: $96.03* *Please remit to address above. • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes March 1,2010 1. CALL TO ORDER President Walsh called the meeting to order at 7:01 pm. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Present: Commissioners Anderson, Caffall, Doherty, Fishel, Gaschke, Hasman, Muldoon,Vermilyea, and Walsh;Alternate Commissioner Shavey Absent: Alternate Commissioner Schmidt Staff Present: Ron Bunch, Community Development Director; Susan Hartnett, Assistant Community Development Director; Cheryl Caines,Associate Planner;Doreen Laughlin, Sr. Administrative Specialist 3. COMMUNICATIONS Jeremy Vermilyea informed the commission that he had been elected to be chair of the Tigard Transportation Advisory Committee (TTAC),which meets the first Wednesday of each month. There will be a meeting the upcoming Wednesday so he anticipates reporting back on that at a later time. 4. CONSIDER MEETING MINUTES 2-1-2010 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. At this point Walsh asked the commission to consider a change of order for the evening. This,in light of the fact that Community Development Director, Ron Bunch, wasn't feeling well and, to enable him to leave earlier and get some much needed rest, to take his item at the top of the order. No one objected so the workshop regarding Planning Commission goals and work plan for 2010 began. I:\LRPLN\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10.doc Page 1 of 7 • • 6. WORK SHOP — Goals for PC Work Plan, 2010 Vice President Vermilyea gave a quick run-down of what the Commission had asked of staff regarding their work plan. He said his preference was to be pro-active rather than reactive to what comes down the pike. Ron Bunch, Community Development Director, spoke to the subject. He said he would talk about the 10 or 12 items that the commission had asked him to identify that relate specifically to the Planning Commission's goals and work program. He said he also related them to what the City Council wishes to accomplish in the next year— both in the short-term and also in the mid-range projects two to five years out. He noted that two of Council's five goals are applicable to Community Development. They are 1) Implement the Comprehensive Plan, and 2) implement Downtown Urban Renewal. He went over his memo and spoke about the action items (objectives) associated with each of the two noted goals that require staff work (Exhibit A). QUESTIONS FROM COMMISSIONERS OF STAFF One of the commissioners said, I count at least 8 major topics and several sub-topics. We won't have the time to get to all of these in any great detail during the course of this year. How will we approach this?Will we set two or three priorities and then build a calendar around attacking those priorities?What's the thought process in terms of how we're going to go forward because I'm feeling a bit adrift in terms of what the next year is really going to look like. I'd like us to think about self-imposed deadlines, etc.What do we do next? Identify the two or three things we want to emphasize and then talk about the calendaring aspect of it or... how do we want to do this? Walsh said: "Along the same lines, I'd like to see some sort of matrix with what the priorities are. Bunch said he thinks that's important. The chronology on some of these have been set to a degree—the Transportation System Plan is underway, Downtown Circulation Plan is underway." Vermilyea interjected that he has a little deeper knowledge now that he's sitting on the TTAC. The TSP and the Downtown Circulation Plan's are pretty much "horses out of the barn." There's already been a year and a half, two years of work on each of those. The heavy lifting on those things has pretty much been done. To me those are in a separate category than the ones where we're really going to have to start from scratch: the Triangle, the 99W area—given the timing on the HCT [high capacity transit] issues, to me those two are high priorities and probably the top two. It seems to me we have to figure out of the others, the Community Development Code, the Tree Code, and the Public Facility Plan, particularly what the other thing is — that we are the ones who are going to be driving as opposed to the transportation related ones that are already kind of`down the road'. Bunch responded saying the tree code update is really high on council's agenda. They want that done—they've got the Urban Forestry Master Plan completed; however, they want to take enough time with the Tree Code to make sure we identify any potential problems. That's anywhere from an 8 to 21 month program. There are things we can get done in the interim. The I-5 99W multi-modal corridor refinement plan is about a 15 month project. 1:\LR1'N\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10.dnc Page 2 of 7 • • We'll get the technical work done within the year and then review, and then we'll have some changes coming forward to you. Walsh reiterated that he would like a matrix of priorities and some timing—knowing how long these things are going to take. It would be very helpful to see all of that on one piece of paper. Please,if you could bring that back at a future time or just send it out by email so we can have it to review and then we can pick it up at a future meeting. Bunch thanked him and said he would do that. Commissioner Shavey asked what things the commission could do to help staff on this. Bunch said 99W is significant. I'm thinking of the Planning Commission in terms of playing a different role. In the past there've been a large number of projects and issues come forward. He said,in some respects, the Planning Commission deserves better communication on some of these big projects. We need to keep you in the loop in terms of what's happening,when it's happening, and also bring issues forward to the commission in the form of work sessions. These TGM projects are oftentimes strictly structured with a Technical Advisory Committee, a Citizen's Advisory Committee, and then a steering group that steers the project along a set course. My objective would be to keep the Planning Commission and other stakeholders in the loop on this very important issue. So that would be a big help. Also,we have some real code issues—regulatory issues we need assistance with. We'll be bringing these to you in fairly short order. Having the Planning Commissions' attention on those kinds of things - like the extension of approvals that you'll hear tonight is going to be very important to us. We're all facing some challenging issues. Lastly, there are things that Council and staff has interest in - sustainability, economic development, etc. As we begin to develop those kinds of issues—working with you in work session would be very helpful. You will not lack for work this next year, I promise you that. So thank you for that question. Commissioner Muldoon said he'd like to see included on the matrix interdependencies and organizational drivers because there may be some things that the Commission can do that might not be the top level priority which have fewer drivers or where we have a greater role. Bunch noted that there are some synergies associated with implementing Urban Renewal decisions made with economic development, for example. TSP Plan,Hwy99W in terms of transportation efficiencies, so the interplay of those elements is important. He stated that he'd identify some of that. "Tree code—to what extent is the Tree Board going to be involved in dealing with the Tree code update - or do you see that more at the planning level?" Susan Hartnett,Assistant Community Development Director, answered briefly. She said they'd had a pretty lengthy conversation with Council about how to approach the Tree Code Project over all. They talked about 2 different optional ways to approach it and they did make a decision. She said she anticipates bringing that back to this group since this group was part of their joint conversation in January. We are also going to be proposing a specific community involvement approach which would include Tree Board, Parks and Recreation Board, and Transportation Advisory Committee members as sort of the core of that and then identifying additional community and industry related representation.We haven't necessarily I:\LRPLN\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10.doc Page 3 of 7 • • • made a clear decision just yet as to whether or not we would invite a member of the Planning Commission to be the specific liaison. We thought that might be something we would talk to you about. Our notion is that the tree code cross-cuts so many interests that it doesn't make sense to say it's this group or that group. It really needs to be a little of everybody involved. Commissioner Vermilyea summed it up saying"It sounds to me that the way you're describing this is,we're going to have a dedicated group focused solely on tree code for a while and then we will get periodic updates of that and at some point have a work session and go through the final approval process. That's not going to be an integral sort of week by week, month by month project for us like it was when we did the Comp Plan." Hartnett: Yes, that's correct. Walsh reiterated that what the Commissioners are asking of Ron Bunch is a matrix adding priority timelines, drivers or interdependencies; and some summary comment regarding staff and resources required. He said he's anticipating a rather large piece of paper- but as brief as possible -in matrix format. He also asked whether there's an overall summary of the Comp Plan. He'd like to see that in the future. Commissioner Doherty added that that would be a very good communication tool: 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2010-00001 LAND USE APPROVAL EXTENSIONS REQUEST: The Community Development Director requests a development code amendment to amend the text of the Site Development Review (18.360), Land Partitions (18.420), and Subdivision (18.430) Chapters of the Tigard Community Development Code (TDC) extending land use decisions with approval periods lapsing between July 1, 2008 and December 31, 2011. The approval period will be extended through December 31, 2012. In addition, a new chapter is proposed (List of Term— 18.115) that lists all defined terms within the TDC. Walsh opened up the public hearing. STAFF REPORT Cheryl Gaines,Associate Planner,went over the staff report (staff reports are available one week before each scheduled meeting.) Using a PowerPoint slide (Exhibit B) she went over the affected approval dates, expiration dates, and the new expiration date. She noted that staff is recommending that the Planning Commission find in favor of amending the Site Development Review,Land Partition, and Sub-division chapters of the Development Code as determined with the alterations that may come about through the public process. I:\LRPLN\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10.doc Page 4 of 7 • • • SOME OF THE QUESTIONS FROM COMMISSIONERS OF STAFF You mentioned that codes have changed since some of these projects were approved... have they changed so greatly that it's not something that developers when— a year or two down the road— would have to go through the entire the process again or were they code changes that thy can incorporate into what they already have? Caines: The only major amendment we've had is the Downtown Code.At this point there was one development from 2008 which has gotten an approval extension for the year and the applicant actually tried to incorporate what we had anticipated to be the design standards for the new Downtown Code into his plan. So he's pretty well set for fitting in with the new Development Code for Downtown. The other is the Knoll project on the corner of Hunziker and Hall that was just approved—they've already submitted for a building permit and have funding so they probably will be beginning their construction in the next 6 months. So the ending approval date would be June 30, 2010. Obviously, I don't anticipate any major code changes between now and June 30, 2010. So it would be really few of these cases that are affected by the code change. I don't foresee that it'd be a problem. If we approve this it will revive already expired approvals? Yes. Do you anticipate any projects that expired and were approved pursuant to Measure 37 claims being impacted by this? No. You raised an issue with respect to the omission of language regarding no additional extensions. If we approve this extension, and leave that language alone, and it turns out that 2012 isn't going to be enough time, we have to come back and re-extend it... Can we then at that time deal with that language issue? We could,yes. Susan Hartnett interjected"There are many other communities in the Metro areas that have done or are about to do similar extensions on their land use approvals and I frankly think we ought to think about the competitive disadvantage we would place Tigard in when the economy does begin to pick up.Jurisdictions that have a very high bar for entry into that community's development process are likely to see a longer return to normalcy. There is some advantage to us in not being too harsh on that. It's going to be a long, slow,return. Allowing some flexibility for those reviews that have already gone through the queue and got approved is I think in our best interest at this point—the community's best interest." Are the changes proposed consistent with what other communities are doing? Hartnett: Yes, they are. This was prompted by a request from a Tigard developer who has his ear to the ground on the commercial development side. This isn't really the residential side, and the commercial side is actually pacing behind the residential side. They're starting to see some pick-up in residential. Commercial is still going down. I:\LRPLN\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10.doc Page 5 of 7 • • PUBLIC TESTIMONY—IN FAVOR: None. PUBLIC TESTIMONY—OPPOSED: None. PUBLIC TESTIMONY CLOSED DELIBERATIONS Commissioner Doherty thinks it's a great idea. She thinks this is something that can go year by year. It's tough for some of those folks and if codes are not going to be a big issue then I don't see a problem. There was some discussion regarding the economy and the fact that,most likely, they need to be prepared to come back and look at this again. The general consensus was that this is the right move at this.point. MOTION: Commissioner Muldoon made the motion: "I move that we forward a recommendation of approval for application of Development Code Amendment DCA2010-00001 to amend the text for Site Development Review (18.360), Land Partitions (18.420), and Subdivision (18.430) Chapters of the Tigard Community Development Code to extend land use decisions with approval periods lapsing between July 1,2008 and December 31, 2011. The extension would be advanced to extent through December 31,2013 [later corrected to 2012]. In addition, approval authorize the addition of a new chapter 18.115 listing defined TDC terms. No amendments to staff recommendations. The motion was seconded by Commissioner Doherty. (Commissioner Fishel corrected the motion to advance the extension to December 31, 2012—rather than the stated 2013. They all agreed to the correction and then a vote was taken. The motion CARRIED on a recorded vote, the Commission voted as follows: AYES: Commissioner Anderson, Commissioner Fishel, Commissioner Caffall, Commissioner Doherty, Commissioner Gaschke, Commissioner Hasman, Commissioner Muldoon, Commissioner Vermilyea, and Commissioner Walsh (9) I:\LRPLN\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10.doc Page 6 of 7 • • • NAYS: None (0) ABSTAINERS: None (0) ABSENT: None (0) President Walsh noted that this would go to Council on April 30th. 7. OTHER BUSINESS Commissioner Vermilyea noted that he'd forgotten to mention something during his update on the TTAC during the "Communications" portion of the agenda. He said the Tigard Transportation Advisory Committee is in the process of forwarding a bicycle &pedestrian sub-committee to look at bike/ped issues inside of Tigard. He said if anyone is interested in participating in that, they are welcome to do so. The TTAC meeting is on Wednesday (March 3) at 6:30pm in the 2nd floor conference room at the library. He suspected they will have additional information on when and where the bike/ped group is going to meet. Walsh went over the upcoming topics on the Planning Commission calendar. He gave a gentle reminder to the commissioners that, especially during public hearings, they need to ask to be recognized and wait to be called on by him before talking. 8. ADJOURNMENT President Walsh adjourned the meeting at 8:04 pm. Ea Doreen Laughlin, Planning mmission Secretary rte ' A . ' -4•ent David ' alsh I:\LRPLN\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10.doc Page 7 of 7 .. L L A.,.... : . 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'7"^774,-":',. •v''.t.4! ,,,,;.'07".,,,,, .'""sv:.").-1-,:iltir,k-',:ire-7*.-gr;c4.7e*.k1.1-;•• :,=?Aa- '..-1.,,,.,..-1.•.:„ii-k,4-4•44c.:.-- 4t...,.,.4,--' V...;. .V .,i, '''';`,::''''').':'''' '44%,,, e4.,!:;,.!::'j.', ''4K':')'4...;i .:t.,..,' 74;I el-‘i-;•,,,_'•..?7,7<,..:',.,- -V.,'.-.014iitiltrei i't".:,'-'=„4,,,igSt4'=',.--;:g----::"=!'*'K.4,1°'14-'-=;- "tg4=i;'•Cggi-T-..V;,r-g(''',".-; -=';'''' »--/-,j,t,7,:''.g.i-=--,',...,-,7,:''7;'T''',,,I.,,,r,-'w*** , - -- ' - ' • ' • . - ' - * ' 1 :',.;j•'''."-:::','.',"..^.,'::?,,,.,rrg'.;,',,,,,,..•,.:,.,„,.1,":::,-;X,•, • S 'T.. 43.E Ca PLEASE SIGN IN HERE r ; Tigard Plan ing Commission ciro Agenda Item # Page of_I_ Date of Hearing 2 - - 1 0 Case Number(s) ,>C N 20 - 0000 1 tt Case Name t.-■ke.n5■om r �ANC��S� lc»c.�.S Lfl C Nmen .-4-5 Location C°-EAtA i If you would like to speak on this item, please CLEARLY PRINT your name, address, and zip code below: Proponent (FOR the proposal): Opponent (AGAINST the proposal): Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: • I Agenda Item: 5.1 Hearing Date: March 1.2010 Time: 7:00 PM STAFF REPORT TO THE - e1 PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON AR p SECTION I. APPLICATION SUMMARY CASE NAME: LAND USE APPROVAL EXTENSIONS CASE NO.: Development Code Amendment (DCA) DCA2010-00001 PROPOSAL: The Community Development Director requests a development code amendment to amend the text of the Site Development Review (18.360), Land Partitions (18.420), and Subdivision (18.430) Chapters of the Tigard Community Development Code (TDC) extending land use decisions with approval periods lapsing between July 1, 2008 and December 31, 2011. The approval period will be extended through December 31, 2012. In addition, a new chapter is proposed (List of Term - 18.115) that lists all defined terms within the TDC. APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONE: Not Applicable. LOCATION: Citywide: APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.380, 18.390, 18.420, and 18.430; Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goal 9, Economic Development; Goal 10, Housing; and Statewide Planning Goals 1, 2, 9 and 10. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find in favor to amend the Site Development Review, Land Partitions, and Subdivision regulations, with any alterations as determined through the public hearing process and make a final recommendation to the Tigard City Council. DCA2010-00001 LAND USE APPROVAL EXTENSIONS PAGE 1 OF 10 3/1/10 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • IP SECTION III. PROPOSAL & BACKGROUND INFORMATION The proposal is to amend the Site Development Review, Land Partitions, and Subdivision code section of the Tigard Community Development Code (MC) extending land use decisions with approvals lapsing between July 1, 2008 and December 31, 2011. In addition, a new chapter (18.115 — List of Terms, Attachment 1) is proposed that lists all defined terms found in the TDC. The application was initiated by the City in response to the national economic downturn and requests made by applicants and interested parties, such as the Home Builder's Association (HBA). Copies of letters received from John Wyland with J.T. Smith Companies and Ernie Platt with the Home Builder's Association are included in the Planning Commission packet (Attachments 2 & 3). Currently the TDC grants an eighteen month approval period for Site Development Review (SDR), Land Partitions (MLP), and Subdivisions (SUB) that begins on the date an approval becomes final or effective. The TDC allows the Community Development Director to grant a one year extension of the approval upon written request by the applicant, payment of the required fee, and satisfaction of approval criteria. Those criteria include: no changes made to the original plan approved by the Director, intent of initiating construction or recording of plat within the one year extension period, and no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. Subdivision extensions also require that the extension will not preclude the development of abutting properties. Staff has reviewed land use approvals from 2005 through 2009 and determined that there are a total of 42 cases that will be affected by this amendment. Of the 100 SDR, MLP, and SUB cases approved during this period, many cases are not affected by this amendment since the development was constructed, the applications were withdrawn, the sites were located in the Washington County Urban Service Area, or subdivision/partition plats were recorded. Of the 42 cases affected by the amendment - 12 are SDRs, 15 are MLPs, and 15 are SUBs. As of the date of this report, 12 had already expired. An additional 8 will expire in the next six months. The purpose of the proposed extension is to allow applicants to begin previously approved residential and commercial projects as soon as financial resources are available and the market demands. If there is no extension, applicants will need to re-apply for approval, which will take additional time and financial resources. The proposed amendment only affects SDRs, SUBs, and MLPs, all of which are Type II administrative decisions. Type III decisions are not included because the applications follow a different process and involve public hearings. Since the bulk of incomplete projects expire in 2009 and 2010, the time frame chosen captures the greatest number of cases affected by the economic downturn. By including approvals lapsing on December 31, 2011, the intent is to automatically extend these cases by the one (1) year allowed by code, but not allow further extensions. Many other jurisdictions in Oregon (Portland, Tualatin, Newberg, Bend, Redmond, and Albany) have approved similar code amendments extending approvals in light of the poor economic conditions. In addition to the extension language, a new chapter of the TDC is proposed (18.115- List of Terms). Many definitions can be found in chapter 18.120 —Definitions, but some are spread throughout the code and may be difficult to find. This user-friendly list indicates which terms are defined and where to find such definitions. ISSUE SUMMARY • This amendment was initiated by the City due to the economic downturn and request from applicants and interested parties. • The amendment only affects Type II Site Development Reviews, Subdivisions, and Minor Land Partitions, with approvals lapsing between July 1, 2008 and December 31, 2011. Currently there are 42 cases which would be extended. DCA2010-00001 AND USE APPROVAL EXTENSIONS PAGE 2 OF 10 3/1/10 PUBLIC 1-TEARING STAFF REPOR'1"10 PLANNING COMMISSION • • ♦ Land use approvals expire 18 months after the effective date unless under construction or a plat has been recorded. The existing code allows a one (1) year extension period to the original 18 month approval. ♦ The amendment may facilitate the construction of previously approved commercial and residential development by allowing construction to begin as soon as the economy improves. Applicants may choose to act on the approval rather than letting them expire. Denying the amendment would require additional time for applicants to re-apply and payment of additional fees. It is also possible that the applicant would be subject to new code requirements adopted after their original approval. SECTION IV. SUMMARY OF APPLICABLE CRITERIA APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states that legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. The proposal is to amend chapters 18.360, 18.420, and 18.430 of the Tigard Development Code and creation of a new chapter, 18.115. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. Section 18.390.060.G establishes standard decision-making procedures for reviewing Type IV applications. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1) The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2) Any federal or state statutes or regulations found applicable; 3) Any applicable METRO regulations; 4) Any applicable comprehensive plan policies; and 5) Any applicable provisions of the City's implementing ordinances. Findings and conclusions are provided below for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. • The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; At least 45 day advance notice must be provided to the Oregon Department of Land Conservation and Development (DLCD). This notice was mailed on January 11, 2010, 48 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code (TDC) 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 (February 11, 2010) prior to the Planning Commission public hearing. A second notice will be published prior to the City Council hearing. In addition a notice of the public hearings was mailed to interested citizens, and a request for comments was sent to affected agencies. Statewide Planning Goal 2—Land Use Planning This goal outlines the land use planning process and policy framework. The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process 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 DCA2010-00001 I,AND USE APPROVAL EXTENSIONS PAGE 3 OF 10 3/1/10 PUBLIC I-TEARING STAFF REPORT TO PLANNING COMMISSION • amending the Code consistent with Goal 2. Statewide Planning Goal 9 —Economic Development This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Economic Development goal and policies is discussed later in this report. Statewide Planning Goal 10—Housing This goal outlines provisions to insure state housing needs are met. This text amendment indirectly affects this goal by allowing more time for previously approved subdivisions and partitions to be completed, creating more sites for single family units. • Applicable Comprehensive Plan Policies: Comprehensive Plan Goal 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. Two public hearings are held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. The City has mailed notice of the Planning Commission and City Council hearings to interested citizens. A request for comments was mailed to affected agencies. The City published notice of the Planning Commission hearing in the Tigard-Tualatin Times (February 8, 2010). After the Planning Commission public hearing, additional notice will be published prior to the City Council . hearing. With these public involvement provisions, the proposed Development Code Amendment is consistent with applicable Citizen Involvement policies. Comprehensive Plan Goal 2: Land Use Planning Goal 2.1: Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. Policy 2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. The current development code allows an applicant to request a one (1) year extension. An additional extension is proposed for land use decisions lapsing between July 1, 2008 and December 31, 2011. The request updates the implementing regulations of the Comprehensive Plan, which is the Tigard Development Code, consistent with the applicable provisions of the Land Use Planning Goal. Goal 9.1 Develop and maintain a strong, diversified, and sustainable local economy. Policy 3. The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Policy 1. The City shall adopt and maintain land use policies, codes, and standards that provide opportunities to develop a variety of housing types that meet the needs, preferences, and financial capabilities of Tigard's present and future residents. The proposed amendments are indirectly related to goals 9 (Economic Development) and 10 (Housing) of the DCA2010-00001 LAND USE APPROVAI,EXTENSIONS PAGE 4 OF 10 3/1/10 PUBLIC HEARING STAFF RI PORT'TO PLANNING COMMISSION • • Comprehensive Plan. The amendment will allow more time for projects to be completed when economic times are better, thus furthering the City goals for maintaining a strong economy and providing a variety of housing types. Any applicable provision of the City's implementing ordinances. Code Section 18.380 Zoning Map and Text Amendments: 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 Decision-Making Procedures: This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. DCA2010-00001 - LAND USE:APPROVAL EXTENSIONS • • CODE-AMENDMENT . • • Explanation of Formatting • This text amendment employs the following formatting: [Bold/Underlined] —Text to be added [ lam] -Text to be removed • • New Code Chapter (18.115): • (list of defined terms — see Attachment 1) Amended Code Chapters (18.360, 18.420, & 18.430): Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or major modification of an approved plan or existing development, as defined in Section 18.360.020.A, shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. B. Minor modifications. Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060, shall be processed as a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.360.060. DCA2010-00001 LAND USE APPROVAL EXTENSIONS PAGE 5 OF 10 3/1/10 PUBLIC I-IEARING STAFF REPORT TO PLANNING COMMISSION • • • C. Approval period. Site development review approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. The site development review approval by the Director shall lapse if: 1. Substantial construction of the approved plan has not begun within a one-and-one-half years period; or 2. Construction on the site is a departure from the approved plan. D. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year; provided that: 4- a. No changes are made on the original site development review plan as approved by the Director; 2 b. The applicant can show intent of initiating construction on the site within the one-year extension period; and c. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Site Development Review lapsing between July 1,2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. • E. Phased development. 1. The Director shall approve a time schedule for developing a site in phases over a period of time of one year, but in no case shall the total time period for all phases be greater than three years without reapplying for site development review. 2. The criteria for approving a phased site development review proposal is that all of the following are satisfied: a. The public facilities are constructed in conjunction with or prior to each phase; b. The development and occupancy of any phase is not dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard; c. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal;and d. The Director's decision may be appealed as provided by Section 18.390.040.G. No notice need be given of the Director's decision. DCA2010-00001 LAND USE APPROVAL,EXTENSIONS PAGE 6 OF 10 3/1/10 PUBI.IC HEARING STAFF 11E1'O12'1"M PLANNING COMMISSION • • 3. The Director may waive or modify the approval period for projects within the Washington Square Regional Center in accordance with Section 18.630.020.C. (Ord. 09-13) 18.420 LAND PARTITIONS 18.420.030 Approval Process A. Decision-making process. The Director shall approve, approve with conditions or deny an application partition, which shall be reviewed by means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.420.050. B. Time limit on approval. The partition approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. C. Lapsing of approval. The partition or approval by the Director shall lapse if: 1. The partition has not been recorded or has been improperly recorded with Washington County without the satisfactory completion of all conditions attached to the approval; 2. The final recording is a departure from the approved plan. D. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 4, a. No changes are made on the original plan as approved by the Director; 2 b. The applicant can show intent of recording the approved partition or lot line adjustment within the one-year extension period; and 3: c. There have been no changes in the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Land Partitions lapsing between July 1, 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. 18.430 SUBDIVISIONS • 18.430.030 Approval Process A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.040. An application for subdivision may also be reviewed concurrently with an application for a planned development, as governed by Chapter 18.350. DCA2010-00001 LAND USE APPROVAL EXTENSIONS PAGE 7 OF 10 3/1/10 PUBLIC I-TEARING STAFF REPORT TO PLANNING COMMISSION • • B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.070. C. Approval period. Preliminary plat approval by the Approval Authority shall be effective for a period of 1- 1/2 years from the date of approval. The preliminary plat shall lapse if: 1. A final plat has not been submitted within a 1-1/2 year period; or 2. The final plat does not conform to the preliminary plat as approved or approved with conditions. C. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant one extension of the approval period not to exceed one year;provided that: a. No changes are made on the original preliminary plat plan as approved; 2, b. The applicant has expressed written intent of submitting a final plat within the one-year extension period; 3- c. There have been no changes to the applicable ordinance provisions on which the approval was based; and 4. d. An extension of time will not preclude the development of abutting properties. 2. Approval periods for Subdivisions lapsing between July 1, 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. E. Phased development. 1. The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat; 2. The criteria for approving a phased site development review proposal are: a. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: (1) For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable City or district standard;and (2) The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. DCA2010-00001 LAND USE APPROVAL EXTENSIONS PAGE 8 OF 10 3/1/10 PUB] I-IEARING STAFF REPORT TO PLANNING COMMISSION • • 3. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. (Ord. 09- 13) SECTION V. STAFF ANALYSIS As demonstrated, the proposed amendment complies with the applicable state planning goals and City Comprehensive Plan Goals. One concern of extending previous approvals is that development will be constructed utilizing outdated standards due to amendments to regulations that may have occurred or will occur in the future. As of this date there have been few major amendments to the TDC that will affect the land use decisions lapsing between July 1, 2008 and December 31, 2011. The majority of the affected cases would be designed utilizing the same standards in place today. Staff has reviewed code amendments adopted since May 2008 and found one that that affects one of the 42 cases, the Dolan Commercial Building (SDR2007-00006). This proposed development is located on Main Street. New design and development standards were recently adopted for Tigard's Downtown. If the applicant had to re-apply, then the proposal would need to meet the new Downtown standards. In this case, the applicant was aware of possible code changes and worked with Staff to design a building incorporating the expected design standards. Other alternatives are listed below in Section VI. Expanding the amendment to include approvals expiring before June of 2008 and after December 31, 2011 does not seem necessary at this point. The majority of the affected cases will expire in 2010 and 2011. The end date of the recession cannot be determined at this time. If the Commission would like the option of additional extensions in the future, then the proposed clause prohibiting future extensions of these cases can be removed. SECTION VI. OTHER ALTERNATIVES No Action —The code would remain unchanged, and extensions for site development review, land partitions, and subdivision approvals would be limited to one (1) year. Expanded Action — Expand the time limitation to include approvals lapsing before June 30, 2008 or after December 31, 2011. Alternate Actions —To remove the clause prohibiting further extensions. SECTION VII. ADDITIONAL CITY STAFF, OUTSIDE AGENCY, AND INTERESTED PARTY COMMENTS The City of Tigard, Building Division, Public Works Department, and the Community Development Design Review Engineer were given copies of the proposed code amendment. No comments were received. Assistant Community Development Director, Susan Hartnett, suggested utilizing June 30th instead of July 1st as the beginning date and utilizing a table to show graphically the timeframes covered by the extension. City Arborist,Todd Prager,reviewed the proposal and had no comments or objections. Tualatin Valley Fire and Rescue, Metro, Tualatin Valley Water District, and the Oregon Department of Land Conservation and Development (DLCD) were notified of the proposed amendment. No comments were received. DCA2010-00001 LAND USE APPROVAL EXTENSIONS PAGE 9 OF 10 3/1/10 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • Clean Water Services was sent a copy of the proposed amendment and had no objections to or concerns with the proposal. ATTACHMENTS: Attachment 1: Proposed Chapter 18.115 —List of Terms Attachment 2: Letter from John Wyland,J. T. Smith Companies Attachment 3: Letter from Ernie Platt, Home Builders Association out.4.... February 19, 2010 PREPARED BY: Cheryl Gaines DATE Associate Planner • /1/4"e"- /. February 19, 2010 APPROVED :Y: Dic Bewersdo .'f \ DATE Planning Mara: • • • • • • DCA2010-00001 LAND USE APPROVAL,EXTENSIONS PAGE 10 OF 10 3/1/10 PUBLIC I-TEARING STAFF REPORT TO PLANNING COMMISSION ATTACHMENT 1 • • CHAPTER 18.115 LIST OF TERMS • Sections: • 18.115.010 List of Terms 18.115.010 List of Terms The following terms are defined in Chapter 18.120,Definitions,unless indicated otherwise. Abandoned Sign See Chapter Alley Banner See Chapter 18.780, 18.780, Signs Alteration,Structural Signs Abut Alternative Access Base Flood See Flood-Related Abutting Lots Amendment Definitions Accept Amenity Basement Access Americans with Disabilities Bay See Design-Related Definitions Accessory Building Act Belt Course See Design-Related Accessory Dwelling Unit See Annexation Definitions Dwelling-Related Definitions Antenna See also Chapter Bench Sign See Chapter 18.780, Accessory Structure 18.798, Wireless Signs Acre Communication Facilities Berm Active Use Facilities See Open Apartment See Dwelling-Related Bike Lane Space Facility-Related Definitions Bikeway Definitions Appeal Billboard See Chapter 18.780, Addition Applicant Signs Adjacent Lots See Abutting Lots Application Buildable Area Adjoining Lots See Abutting Approval Authority Building Lots Approved Plan Building Envelope Administrative Action Arcade See Design-Related Building,Primary Adult Bookstore See Adult Definitions Building Height Entertainment-Related Archaeological Site Building Official;See also Definitions Area See Chapter 18.780, Signs Chapter 18.780, Signs Adult Entertainment-Related Argument See Section Building Permit Definitions 18.390.080, General Provisions Business See Chapter 18.780, • Adult Bookstore Assessed Valuation Signs • Adult Motion Picture Attached Dwelling See Caliper Theater Dwelling-Related Definitions Canopy See Design-Related • Specified Anatomical Areas Awning See Design-Related Definitions • Specified Sexual Activities Definitions Canopy Cover See Chapter Adult Motion Picture Theater Awning Sign See Chapter 18.790, Tree Removal See Adult Entertainment- 18.780, Signs Chamfer See Design-Related Related Definitions Balloon See Chapter 18.780, Definitions `A'-Frame Sign See Chapter Signs Change of Use 18.780, Signs Band See Design-Related City Aisle Definitions City Engineer • • City of Tigard Demolish Duplex See Dwelling-Related City Recorder Density Definitions Collocation See Chapter 18.798, Density Bonus Dwelling See Dwelling-Related Wireless Communication Density Transfer Definitions Facilities Design-Related Definitions Dwelling-Related Definitions Column See Design-Related • Arcade •Accessory Dwelling Unit Definitions • Awning •Apartment Commercial Forestry See e Band •Attached Dwelling Chapter 18.790, Tree Removal • Bay •Detached Dwelling Commission • Common Wall • Belt Course •Duplex Complete and Entire • Canopy •Dwelling Complex • Chamfer •Manufactured Home Comprehensive See • Column • Multiple-Family Dwelling Comprehensive Plan-Related • Cornice • Single-Family Dwelling Definitions • Eaves Easement Comprehensive Plan-Related • Entry Eaves See Design-Related Definitions • Frieze Definitions • Comprehensive • Mar uee Effective Date See Section 18.390.080, General Provisions • Generalised • Medallion • Land Egress • • Parapet Electrical Sign See Chapter • Plan Coordination • Pilaster 18.780, Signs Conditional Use • Strin C Construct See Chapter 18.780, g ourse Electronic Information Sign Signs • Transom See Chapter 18.780, Signs Contiguous • Turret Enlargement Contiguous Lots See Abutting •Visible Transmittance Entry See Design-Related Lots Detached Dwelling See Definitions Corner Lot See Lot-Related Dwelling-Related Definitions Entryway Sign See Chapter Development 18:780, Signs Definitions P Corner Side See Yard-Related Development Adjustment See Evidence See Section Section 18.370.020, 18.390.080, General Provisions Definitions Adjustments Exception d Cornice See Design-Related A� FAA See Chapter 18.798, Definitions Development Review See p Council Chapter 18.780, Signs Wireless Communication Covered Soil Area See Development Site Facilities Landscaping-Related Definitions Directional Sign See Chapter Face Cul-de-sac 18.780, Signs Face of a Building See Chapter 18.780, Signs Cultural Institution Auxiliary Director FCC See Chapter 18.798, Sign See Chapter 18.780, Signs Display Surface See Chapter p Cutout See Chapter 18.780, 18.780, Signs Wireless Communication Signs Drainage Way Facilities Dedication Drive-Through Facility Fence, Sight-Obscuring Driveway Final Action Dedication, Fee In Lieu Of y Final Decision See Final Action Deed • • Final For Purposes Of Appeal Habitable Floor Area Lot Area See Lot-Related See Section 18.390.080, Hazardous Tree See Chapter Definitions General Provisions 18.790, Tree Removal Lot Averaging See Lot-Related Final Order See Final Action Home Occupation Definitions Findings Homeowners Association Lot Coverage See Lot-Related Flag Lot See Lot-Related Household Definitions Definitions Housing Complex See Chapter Lot Depth See Lot-Related Flashing Sign See Chapter 18.780, Signs Definitions 18.780, Signs Immediate or Serious Danger Lot Line See Lot-Related Floodplain See Flood-Related See Chapter 18.780, Signs Definitions Definitions Impact Analysis Lot Line Adjustment See Lot- Flood-Related Definitions Impervious Surface Related Definitions • Base Flood Implementing Ordinance Lot of Record See Lot-Related • Floodplain Improved Lot See Lot-Related Definitions • Floodway Definitions Lot-Related Definitions • Floodway Fringe Improvement • Corner Lot Floodway See Flood Related Industrial Park See Chapter • Flag Lot Definitions 18.780, Signs • Front Lot Line Ingress Floodway Fringe See Flood- • Improved Lot Related Definitions Interior Lot See Lot Related • Interior Lot Definitions Floor Area Land See Comprehensive Plan- • Lot Floor Area Ratio • Lot Area Related Definitions Flush Pitched Roof Sign See • Avera Chapter 18.780, Signs Land Form Alteration gmg Freestanding Sign See Chapter Landscaping •Lot Coverage 18.780, Signs Landscaping-Related •Lot Depth Freeway Interchange See Definitions •Lot Line • Covered Soil Area • Line Adjustment Chapter 18.780, Signs 1 Freeway-Oriented Sign See • Open Soil •Lot of Record Chapter 18.780, Signs • Root Paths •Lot Width Frieze See Design-Related • Soil Volume Calculations •Rear Lot Line Definitions Lattice Tower See Chapter • Side Lot Line Front See Yard-Related 18.798, Wireless • Substandard Lot Definitions Communication Facilities •Tax Lot Frontage See also Chapter Lawn Sign See Chapter 18.780, 18.780, Signs Signs •Through Lot Front Lot Line See Lot-Related Legal Entity See Chapter • Zero Lot Line Definitions 18.780, Signs, `Business" Lot Width See Lot-Related Garage Legislative Definitions Generalized See Comprehensive Lighting Methods See Chapter Maintenance See Chapter Plan-Related Definitions 18.780, Signs 18.780, Signs Glare Loading Area See Loading Space Manufactured Home See Guyed Tower See Chapter Loading Space D2velling-Related Definitions 18.798, Wireless Lot See Lot-Related Definitions Marquee See Design-Related Communication Facilities Definitions • • • Medallion See Design-Related Oregon Revised Statutes Rear Lot Line See Lot-Related Definitions Outdoor Storage Definitions Minimal Use Facilities See Open Owner Receipt Space Facility-Related Painted Wall Decorations See Recreational Vehicles Definitions Chapter 18.780, Signs Remodel Mitigation Painted Wall Highlights See Removal See Chapter 18.790, Mixed Solid Waste See Chapter Chapter 18.780, Signs Tree Removal 18.755,Mixed Solid Waste Painted Wall Sign See Chapter Reserve Strip And Recyclable Storage 18.780, Signs Residence Mixed-Use Development Parapet See Design-Related Residential Trailer Mobile Home Definitions Responsible Party, See Section Mobile Home Park Park 18.230.030, Penalty Mobile Home Subdivision Parking Space Revolving Sign See Chapter Monopole See Chapter 18.798, Partition 18.780, Signs Wireless Communication Party Right-of-Way Facilities Passive Use Facilities See Open Road Moving Sign See Chapter Space Facility-Related Roof 18.780, Signs Definitions Roof Line See Chapter 18.780, Multiple-Family Dwelling See Perimeter Signs Dwelling-Related Definitions Permitted Use Roof Sign See Chapter 18.780, Multi-Unit Residential Person See also Chapter 18.780, Signs Building See Chapter 18.755, Signs Root Paths See Landscaping- Mixed Solid Waste And Pilaster See Design-Related Related Definitions Recyclable Storage Definitions Rotating Sign See Chapter Neighborhood Activity Center Plan Coordination See 18.780, Signs Noise Comprehensive Plan-Related Sensitive Lands See Chapter • Nonconforming Sign See Definitions 18.790, Tree Removal Chapter 18.780, Signs Plat Setback Nonconforming Situation Premises See Chapter 18.780, Shopping Center See Chapter Non-Residential Building See Signs 18.780, Signs Chapter 18.755,Mixed Solid Projecting Sign See Chapter Shopping Plaza See Chapter Waste And Re yclable Storage 18.780, Signs 18.780, Signs Non-Structural Trim See Projection See also Chapter Side See Yard-Related Definitions Chapter 18.780, Signs 18.780, Signs Side Lot Line See Lot-Related Occupancy Permit Provider See Chapter 18.798, Definitions Off-Site Impact Wireless Communication Sign See Chapter 18.780, Signs Off-Site Improvement Facilities Sign Structure See Chapter Open Soil See Landscaping- Pruning See Chapter 18.790, 18.780, Signs Related Definitions Tree Removal Single-Family Dwelling See Open Space Facility-Related Public Business Day Dwelling-Related Definitions Definitions Public Support Facilities Site • Active Use Facilities Quasi-Judicial Slope • Minimal Use Facilities Reader-Board Sign See Chapter Soil Volume Calculations See • Passive Use Facilities 18.780, Signs Landscaping-Related Definitions Oregon Administrative Rules Rear See Yard-Related Definitions • • Source-Separated Recyclable Transom See Design-Related See Chapter 18.755,Mixed Definitions Solid Waste And Recyclable Tree See also Chapter 18.790, Storage Tree Removal Special Adjustments, See Turret See Design-Related Section 18.370.020, Definitions Adjustments Uniform Building Code See Specified Anatomical Areas See Chapter 18.780, Signs Adult Entertainment-Related Use Definitions Vehicle Parking Space Specified Sexual Activities See Visible Transmittance See Adult Entertainment-Related Design-Related Definitions Definitions Vision Clearance Area Storage Area See Chapter Visual Obstruction 18.755,Mixed Solid Waste Wall Sign See Chapter 18.780, And Recyclable Storage Signs Story Wetlands Story, First Will Story,Half Window Street Wireless Communication Street,Private Facility See Chapter 18.798, Street,Public Wireless Communication String Course See Design-Related Facilities Definitions Wireless Communication Structural Alteration See Facility,Attached See Chapter Chapter 18.780, Signs 18.798, Wireless Structure Communication Facilities Subdivision Wireless Communication Substandard Lot See Lot-Related Transmissions Towers See Definitions Chapter 18.798, Wireless Substantial Improvement Communication Facilities Surface Street See Chapter Yard See Yard-Related Definitions 18.780, Signs Yard-Related Definitions Tax Lot See Lot-Related • Corner Side Definitions • Front Temporary Sign See Chapter • Rear 18.780, Signs • Side Temporary Use • Yard Tenant Sign See Chapter 18.780, Zero Lot Line See Lot-Related Signs Through Lot See Lot-Related Definitions Definitions Zoning District Tigard-Based Nonprofit Organization Traffic Flow Plan uec 16 .u9 U4::61p JAMIE WYLAND 5035795693 ATTACHMENT 2 • • December 18th 2009 City of Tigard 00 Cheryl Caine 13125 SW Hall Blvd Tigard, OR 97223 Re: City of Tigard proposal to extend timelines for existing Land Use Approvals Ms. Caine; Our company owns approximately 20 acres within the bull mountain area of Tigard. The property currently has City land use approvals for a residential subdivision known as Sunrise Lane. We have worked on land use approvals and annexation for this property over the last 4 years. Like most of our society, we did not foresee the current economic downturn. We understand that City staff is.working toward action to extend existing land use approvals. We are in complete support of City staff extending current land use approvals to help Tigard property owners maintain their investments and property values. We have instilled some very hard work and invested a great deal of money into Sunrise Lane. As I think you would agree, we hope that the economy will turn around within the next three years and an extension would help greatly. Two suggestions I would make are take action swiftly and keep the proposed extension language simple. We have until July 2010 to complete certain improvements on the site, there are some very important lead time items involved to be able to complete those improvements on time. In order for our company to plan ahead, the approval for land use extension must happen early next quarter, ideally for our property, be completed by late February or early March. To do this I would suggest that you notify DLCD to ensure that their required notice period will not obstruct you from getting this action in front of the Council for a vote at the earliest possible hearing. By malting the extension language simple, both Planning Commission and City Council are more likely to have fewer questions and may facilitate a quicker decision. Please keep me posted as your work progresses on this matter. Do not hesitate to call me with any questions at 503-209-7555. Sincerely; John Wyland SRL 79 LLC Cc, Nick Wilson;Via E-mail Gary Pagenstecher; Via E-mail Susan Fiartnet;Via E-mail J.T. SMITH 2O94 Coeur D'A ene Dr. Prone: 503• •3402 w.rvvi.j:smlt•ico.com , #t, ATTACHMENT 3 • , 4 A., �1 .4 r I D Home Builders Association n of Metropolitan Portland __o.. FEB 1 1 2010 February 10, 2010 CITY OF TIGA D PLANNING/' NGINEERiNG Mr. David Walsh Chair, Tigard Planning Commission Planning Commissioners City Hall 13125 SW Hall Blvd. Tigard, OR 97223 RE: Development Code Amendment 2010-00001 Dear Chair Walsh and Commissioners: It is on behalf of the 1000+ members of the Home Builders Assn. of Metro Portland that I am sending you these comments. As we know all too well, this region and even the entire country has been experiencing a severe economic downturn, and this is particularly evident in the homebuilding industry. There are countless builders and developers who have submitted applications for partitioning of property or other land use actions, who simply have not had the ability to go forward with their projects. This proposal before you is a very straight forward approach at a code amendment that will allow many applicants to keep their projects `alive', with some hope of going forward with the expectation that these economic times will improve. I urge you to act favorably on this proposed amendment to the Tigard code, and to recommend its approval to the city council. Thank you for the opportunity to provide these comments. S incerel?, r Elr e Platt Director of Local Government Affairs 15555 SW Bangy Road ® Suite 301 • Lake Oswego, Oregon 97035 Phone: 503 68/1.1880 ® Fax: 503.684.0588 ® www.homebuildersportland.org Striving for Affordability, Balance and Choice • a . r PUBLIC HEARING ITEM: The following will be,considered by the Tigard e Planning Commission at a Public Hearing on Monday March 1. 2010 at 7:00 PM at the ` Tigard Civic Center - Town Hall, 13125 SW * comiviuNny Hall Blvd.,Tigard,Oregon. SPADET I G A R D Public oral or written testimony is invited. . - R S The public hearing on this matter will be held 6605 SE Lake Road,Portland,OR 97222 under Title 18 and rules of procedure adopted PO Box 22109 Portland OR 97269 2109 by the Council and available at City Hall•or the rules of procedure Phone:503-684-0360 Fax:503-620-3433 set forth in Section 18.390.060.E. The Planning Commission's E-mail: 3-68 X360 Fax:503-620-3433 review is for the purpose of making a recommendation to the City Council on the request. The Council will then hold a public hearing on the request prior to making a decision. AFFIDAVIT O F PUBLICATION Further information may be obtained from the City of Tigard' Planning Division(Staff contact: .Cheryl Caines)at 13125 SW State of Oregon, County of Washington, SS Hall Blvd.,Tigard,Oregon 97223 or by calling 503-639-4171. I, Charlotte Allsop, being the first duly sworn, DEVELOPMENT CODE AMENDMENT depose and say that I am the Accounting (DCA)2010-00001 Manager of The Times (serving Tigard, LAND USE APPROVAL EXTENSIONS Tualatin & Sherwood), a newspaper of general circulation, published at Beaverton, REQUEST: The Community Development Director requests, in the aforesaid county and state, as defined a development code amendment to amend the text of the Site by ORS 193.010 and 193.020, that Development Review (18.360), 'Land Partitions (18.420), and Subdivision (18.430) Chapters of the Tigard Community City of Tigard Development Code (TDC) extending land use'decisions with Public Hearing/DCA2010-00001 PC approval periods lapsing between July 1,2008 and December 31, TTI1411 2011. The approval period will be extended through December 31,2012. In addition,a new chapter is proposed(List of Term— 18.115)that lists all defined terms within the TDC. LOCATION: A copy of which is hereto annexed, was Citywide. COMPREHENSIVE PLAN DESIGNATION: Not published in the entire issue of said applicable. ZONE: Not applicable. APPLICABLE REVIEW newspaper for CRITERIA: Community Development Code Chapters 18.360, 1 18.380, 18.390, 18.420,and 18.430;Comprehensive Plan Goals week in the following issue: 1, Public Involvement; Goal 2, Land Use Planning; Goal 9, February 11, 2010 Economic Development; Goal 10, Housing; and Statewide Planning Goals.1, 2, 9 and 10. The proposed amendments are available for review on the City's Web site at http://www.tigard- C/ko./"(( ` f , or.gov/city hall/departments/cd/code amendment.asp. (,U6�L Publish 02/11/2010. TT11411 Charlotte AlIsop (Accounting M nager) • Subscribed and sworn to before me this February 11, 2010. OFFICIAL SEAL ROBIN A BURGESS Zes) � NOTARY PUBLIC-OREGON '�r COMMON ISSION RES NO.437285 MAY 16 NOTARY PUBLIC FOR ORECN MY COMMISSI EXPI ,2013 My commission expires Acct#10093001 Attn: Patty Lunsford City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Size: 2 x 5.75" Amount Due $96.03* Please remit to address above. NOTICE TO MORTGAGEE,ANHOLDER,VENDOR OR SE R: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, 111 q IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER p . TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, MARCH 1, 2010, AT 7:00 PM AND THE TIGARD CITY COUNCIL ON TUESDAY,APRIL 13,2010,AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CEN1'ER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING 'TESTIMONY FROM THE PUBLIC. FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2010-00001 FILE TITLE: LAND USE APPROVAL EXTENSIONS APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 REQUEST: The Community Development Director requests a development code amendment to amend the text of the Site Development Review (18.360), Land Partitions (18.420), and Subdivision (18.430) Chapters of the Tigard Community Development Code (UDC) extending land use decisions with approval periods lapsing between July 1, 2008 and December 31, 2011. The approval period will be extended through December 31, 2012. In addition, a new chapter is proposed (List of Terms — 18.115) that lists all defined terms within the TDC. LOCATION: Citywide. COMP. PLAN DESIGNATION: Not applicable. ZONE: Not applicable. APPLICABLE REVIEW • CRITERIA: Community Development Code Chapters 18.360, 18.380, 18.390, 18.420, and 18.430; Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goal 9, Economic Development;Goal 10,Housing;,and Statewide Planning Goals 1, 2,9 and 10. THE PUBLIC HEARINGS ON THIS MATTER WIT.T. BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICEIRE AVAILABLE FOR PERSONS VMH IMPAIRED HEARING. THE CITY WIT I.ALSO ENDEAVOR T ARRANGE FOR QUALIFIED SIGN WT GUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (TDD - 'TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRITTEN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL "TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRIl"1'EN "TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKF, ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25fi) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT ASSOCIATE PLANNER CHERYL CAINES AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO cherylcatigard-or.gov. • PLEASE POST ON THE CITY'S WEBSITE AT htto://www.tigard-or.aov/citv hall/deoartments/cd/code amendment.asa PROPOSAL: DEVELOPMENT CODE AMENDMENT (DCA) 2010-00001 The Community Development Director requests a Development Code Amendment to amend the text of the Site Development Review (18.360), Land Partitions (18.420), and Subdivision (18.430) Chapters of the Tigard Community Development Code (TDC) extending land use decisions with approval periods lapsing between July 1, 2008 and December 31, 2011. The approval period will be extended through December 31, 2012. In addition, a new chapter is proposed (List of Terms - 18.115) that lists all defined terms within the TDC. Click here to see the proposed changes HEARING DATES: Planning Commission: Monday, March 1, 2010, 7:00 PM City Council: Tuesday, April 13, 2010, 7:30 PM • • PLEASE PROVIDE A LINK TO THE APPLICATION SUMMARY BELOW FROM Click here to see the Proposed code changes IN THE PROPOSAL DESCRIPTION ABOVE (pg. 1). FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2010-00001 FILE TITLE: LAND USE APPROVAL EXTENSIONS PROPOSED CODE Community Development Code Chapters 18.360, 18.420 & 18.430 AMENDMENTS: Community Development Code Chapter 18.115 (New code chapter). City of Tigard APPLICANT: 13125 SW Hall Boulevard Tigard, OR 97223 The Community Development Director requests a Development Code Amendment to amend the text of the Site Development Review (18.360), Land Partitions (18.420), and Subdivision (18.430) Chapters of the Tigard Community REQUEST: Development Code (TDC) extending land use decisions with approval periods lapsing between July 1, 2008 and December 31, 2011. The approval period will be extended through December 31, 2012. In addition, a new chapter is proposed (List of Terms - 18.115) that lists all defined terms within the TDC. LOCATION: Citywide • ZONE: N/A Community Development Code Chapters 18.360, 18.380, 18.390, 18.420, and APPLICABLE 18.430; Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use REVIEW CRITERIA: Planning; Goal 9, Economic Development; Goal 10, Housing; and Statewide Planning Goals 1, 2, 9 and 10. • STAFF CONTACT: Cheryl Caines, Associate Planner cherylc(a tgard-or.gov or 503-718-2437 HEARING DATES: Planning Commission: Monday, March 1, 2010, 7:00 PM City Council: Tuesday, April 13, 2010, 7:30 PM PLEASE PROVIDE A LINK TO THE PROPOSED CODE AMENDMENTS LANGUAGE ATTACHED FROM Community Development Code Chapters 18.360, 18.420 & 18.430 IN THE APPLICATION SUMMARY ABOVE (pg. 2). FINALLY, PLEASE POST THE PUBLIC HEARING DATES/INFORMATION AT http://www.tigard- or.govlcity hall/public notices/default.aso a . City of Tigard TIGARD REQUEST FOR COMMENTS DA'Z'E: February 4, 2010 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Cheryl Gaines,Associate Planner Phone: (503) 718-2437 Fax: (503) 718-2748 Email: cheryl@tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2010-00001 LAND USE APPROVAL EXTENSIONS REQUEST: The Community Development Director requests a development code amendment to amend the text of the Site Development Review (18.360), Land Partitions (18.420), and Subdivision (18.430) Chapters of the Tigard Community Development Code (MC) extending land use decisions with approval periods lapsing between July 1, 2008 and December 31, 2011. The approval period will be extended through December 31, 2012. In addition, a new chapter is proposed (List of Term — 18.115) that lists all defined terms within the TDC. LOCATION: Citywide. COMPREHENSIVE PLAN DESIGNATION: Not applicable. ZONE: Not applicable. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.380, 18.390, 18.420, and 18.430;Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goal 9, Economic Development; Goal 10, Housing; and Statewide Planning Goals 1, 2, 9 and 10. 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: Thursday February 18, 2010. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting CITY OF TIGARD REQUEST FOR COMMENTS . NOTIFIC.N LIST FOR LAND USE & COMMUNITY [ LOPMENT APPLICATIONS FILE NOS.: DCIA! � x 010 " 0000! FILE NAME: PrD✓a-1 E -le-, ; 0 S CITY OFFICES . . C.D.ADMINISTRATION/Ron Bunch,CD Director X DEVELOPMENT SERVICES/Gus Duenas,Development Engineer X PUBLIC WORKS/Brian Rager,Assistant PW Director X C.D.ADMINISTRATION/Susan Hartnett,Asst.CD Director AC DEVELOPMENT SERVICES/Todd Prager,Assoc.Planner/Arborist _PUBLIC WORKS/Steve Martin,Parks Manager _CITY ADMINISTRATION/Cathy Wheatley,City Recorder X BUILDING DIVISION/Mark Vandomelen,Building Official HEARINGS OFFICER(+2 sets) _DEVELOPMENT SERVICES/Planning-Engineering Techs. _POLICE DEPARTMENT/Jim Wolf,Crime Prevention Officer .V PLANNING COMMISSION(+12 sets) _LONG RANGE PLANNING/Christine Darnell,Code Compliance Specialist(DCA) X FILE/REFERENCE(+2 sets) SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.*X TUALATIN VALLEY FIRE&RESCUE* X TUALATIN VALLEY WATER DISTRICT* X CLEAN WATER SERVICES Planning Manager North Division Administrative Office Development Services Department 15707 SW Walker Road John K.Dalby,Deputy Fire Marshall 1850 SW 170'"Avenue • David Schweitzer/SWM Program Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97006 2550 SW Hillsboro Highway Beaverton,OR 97005-1152 Hillsboro,OR 97123 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON * _ CITY OF TUALATIN* _OR.DEPT.OF FISH&WILDLIFE a 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) It US ARMY CORPS.OF ENG. X Durham,OR 97224 _ Paulette Allen,Growth Management Coordinator OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Maps&cws Letter Only) _ Mel Huie,Greenspaces Coordinator(CPA/ZOA) - 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 t O.Gerald Uba,Ph.D.,Planning&Devlpmnt(CPA/DCA/ZON) King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Powedions in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning • 155 N.First Avenue _ CITY OF LAKE OSWEGO* Routing TTRC–Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Naomi Vogel-Beattie(General Apps Lake Oswego,OR 97034 _Planning Division(ZCA)MS 14 _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Brent Curtis(CPA) —CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Development Review Coordinator _Doria Mateja(zcA)MS 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacations) _Sr.Cartographer(CPAJZCA)MS 14 1900 SW 4'h Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,surveyoracmhAs 15 Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _OR.PARKS&REC.DEPT. _WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1 -DISTRICT 2A• _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(wcccA)°911^(MOnopae Tower s) Chad Gordon,Assistant District Manager (Notify if ODOT R/R-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,Sr.Crossing Safety Specialist •(Notify if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13th Street,NE,Suite 3 725 Sumner Street NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R Predecessor) Bruce Carswell,President&General Manager 1200 Howard Drive SE Albany,OR 97322-3336 —SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Gerald Backhaus(see Mao for/yea contact) (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 Area Contact) Brian Every(Apps E of NaNN.cf 99w) 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-Nov-09) (Also update:is\curpin\setup\labels\annexations\annexation_utilities and franchises.doc,mailing labels&auto text when updating this documer j I 1 DLCDONotice of di in person ❑ electronic ❑ mailed ❑ • Proposed Amendment 2 THIS FORM 1 MUST BE RECEIVED BY DLCD AT LEAST C� 45 DAYS PRIOR TO THE FIRST EVIDENTIARY HEARING C.fJ PER ORS 197.610, OAR 660-018-000 p For DLCD Use Only Jurisdiction: City of Tigard Date of First Evidentiary Hearing: March 1,2010 Local File Number: DCA2010-00001 Date of Final Hearing: April 13,2010 Is this a REVISION to a previously submitted proposal? ❑ Yes ® No Date submitted: ❑ Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ® Land Use Regulation Amendment ❑ Zoning Map Amendment ❑ New Land Use Regulation ❑ Urban Growth Boundary Amendment ❑ Transportation System Plan Amendment ❑ Other: Briefly Summarize Proposal. Do not use technical terms. Do not write "See Attached"(limit 500 characters): Amend the Tigard Community Development Code Chapters 18.350 (Planned Developments), 18.360 (Site Development Review), 18.420 (Land Partitions), and 18.430 (Subdivision) to extend land use approvals granted between January 1, 2007 and June 30, 2010 through December 31,2012. In addition a new chapter is proposed (18.115—List of Terms). This chapter will list all defined terms found in the Community Development Code. The proposed code language is attached. Has sufficient information been included to advise DLCD of the effect of proposal? ®Yes, text is included For Map Changes: Include 8'h"x11" maps of Current and Proposed designation. ❑ Yes, Maps included Plan map changed from: To: Zone map changed from: To: Location of property (do not use Tax Lot): Previous density: New density: Acres involved: Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ® ® ❑ ❑ Is an exception to a statewide planning goal proposed? ❑ YES ® NO Goals: Affected state or federal agencies, local governments or special districts (It is jurisdiction's responsibility to notify these agencies. DLCD only records this information): Clean Water Services, Metro, and Tualatin Valley Fire and Rescue. Local Contact: Cheryl Caines Phone: 503-718-2437 Extension: Address: 13125 SW Hall Blvd. City: Tigard Zip: 97223 Fax Number: 503-718-2748 E-mail Address: cherylc @tigard-or.gov DLCD file No. SLVIITTAL REQUIREMEWS 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 1 must be submitted by local jurisdictions only (not by applicant). 2. When submitting,please print this Form 1 on light green paper if available. 3. Text: Submittal of a proposed amendment to the text of a comprehensive plan or land use regulation must include the text of the amendment and any other information the local government believes.is necessary to advise DLCD of the effect of the proposal. "Text"means the specific language being added to or deleted from the acknowledged plan or land use regulations. A general description of the proposal is not adequate. Do Not Submit Form 1 Without Supporting Documentation. 4. Maps: Submittal of a proposed map amendment must also include a map of the affected area showing existing and proposed plan and zone designations. The map should be legible and on 81/2 x 11 inch paper. Please provide the specific location of property, such as an address and tax lot number. Include text regarding background,justification for the change, and the application if there was one accepted by the local government. 5. Exceptions: Submittal of proposed amendments that involve a goal exception must include the proposed language of the exception. 6. Unless exempt by ORS 197.610(2), proposed amendments must be received at the DLCD's Salem office at least 45-days before the first evidentiary hearing on the proposal. (The clock begins on the day DLCD Receives your proposal in the Salem Office.) The first evidentiary hearing is usually the first public hearing held by the jurisdiction's planning commission on the proposal. 7. DLCD would like you to submit ONE PAPER COPY and ONE.(1)Electronic Digital CD including any maps (for submittal instructions, also see# 4)] MAIL the PAPER COPY and CD of the proposed amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 8. Electronic Submittals: Must be pre-authorized to meet the Form 1 Notice of Proposed Amendment (45-day deadline) only by a phone call to the Plan Amendment Specialist, email notification will not be acceptable for pre-authorization. After authorization an email copy maybe accepted as the substitute for the CD, and one hard copy must be sent via United States Postal Service, Common Carrier or Hand Carried to the DLCD Salem Office and stamped with the incoming date stamp. 9. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. Please print forms on 8-1/2x11 green paper only if available. You may also call the DLCD Office at (503) 373-0050 x283; or Fax your request to: (503) 378-5518; or Email your request to larry.french(a�state.or.us http://www.Icd.state.or.us/LCD/forms.shtml Updated December 22,2009 i • DCA2010-00001 CODE AMENDMENT Explanation of Formatting This text amendment employs the following formatting: [Bold/Underlined] —Text to be added [ ] —Text to be removed New Code Chapter 18.115 : 4 ' Chapter 18.115 ;( LIST OF TERMS' Sections: '\ 18.115.010 List of Terms 1 \J� 18.115.010 List of Terms t \ The following terms are defined in Chapter..,18:120;Definitions;;unless indicated otherwise. (list of defined terms); / v.° Amended Code Chapters (18'.350;-18.360., 18'420, & 18.430): \ Chapter 18.350 . PLANNED DEVELOPMENTS 18.350.030 Administrative Provisions A. Time limit on filing of detailed development plan. The concept plan approval expires after 1-1/2 years unless an application\for'detailed development plan and, if applicable, a preliminary plat approval or request for extension is filed. Action on the detailed development plan shall be taken by the Planning Commission by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria in Section 18.350.070. B. Zoning map designation. The planned development overlay zone application shall be concurrently approved if the detailed development plan is approved by the Planning Commission. The zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. • • C. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: �- a. No changes have been made on the original concept development plan as approved by the Commission; 27 b. The applicant can show intent of applying for detailed development plan or preliminary plat review within the one-year extension period; and 37 c. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Detailed plan approvals granted on or after'January 1, 2007 through June 30, 2010 that meet the approval requirements under 'section 18.350.030.C.1. a`-c shall be extended to December 31, 2012. This subsection\(2)\shall terminate on January 2, 2013, without further action of the City Council. \ s .r" \. D. Phased development. :✓ 1. The Commission shall approve a time'schedule for developing a site in phases, but in no case shall the total time period for all\phases be greater than seven years without reapplying for conceptual developmenttplan review:\ ' �e \ ' 2. The criteria for approving a\phased detail'development plan proposal are that: ti a. The public facilities shall\be!constructed'in'conjunction with or prior to each phase; and b." The development and occupancy"of ariy,phase shall not be dependent on the use of temporary public facilities:`A temporary public facility is any facility not constructed to the applicable City or district'standard. E. Substantial modifications fo Concept plan. If the Planning Commission finds that the detailed development',plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required. F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter. \ G. Issuance of occupancy permits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued. However, when the Director determines that immediate execution of any feature of an approved detailed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary conditions, the Director shall, as a precondition of the issuance of a required permit, require the posting of a performance bond or other surety to secure execution of the feature at a time certain not to exceed one year. (Ord. 06-16) • Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or major modification of an approved plan or existing development,as defined in Section 18.360.020.A, shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. / B. Minor modifications. Minor modifications of an approved plan orexisting developments, as defined in Section 18.360.060, shall be processed as a Type I procedure;as governed by Section 18.390.030, using approval criteria contained in Section 18.360.060. q:/"\\ C. Approval period. Site development review approval by the Director shall`be effective for a period of 1-1/2 years from the date of approval. The site development review approval,by the Director shall lapse if: 1. Substantial construction of the approved plan has not\egun,within a one-and-one,half years period; or 2. Construction on the site is a departure from theaapproved'plan. D. Extension. y~, N N \ \\ L The Director shall;upon written request brtlie!apPlicanf and payment of the required fee, grant an extension of the approval period not to exceed one year; provided that 4, a. No changes are made on the`original sit&development review plan as approved by the Director; l ("b. The applicant can show intent of initiating construction on the site within the one-year extension period; and c. There•have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approvals granted on or after January 1,2007 through June 30,2010 shall be extended to December 31,2012\.This.subsection (2) shall terminate on January 2,2013,without further action of the CiWCouncil. E. Phased development. 1. The Director shall approve a time schedule for developing a site in phases over a period of time of one year, but in no case shall the total time period for all phases be greater than three years without reapplying for site development review. 2. The criteria for approving a phased site development review proposal is that all of the following are satisfied: a. The public facilities are constructed in conjunction with or prior to each phase; b. The development and occupancy of any phase is not dependent on the use of temporary • • public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard; c. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal; and d. The Director's decision may be appealed as provided by Section 18.390.040.G.No notice need be given of the Director's decision. 3. The Director may waive or modify the approval period for projects within the Washington Square Regional Center in accordance with Section 18.630.020.6. (Ord. 09-13) N 18.420 \>,‘'• LAND PARTITIONS N, 18.420.030 Approval Process A. Decision-making process. The Director shall approve, approve with conditions or\deny an application partition, which shall be reviewed4by means of a Type,Il procedure, as governed by Chapter 18.390, using approval criteria contained in'Section 1.8.420.050. B. Time limit on approval. The partition approvalsi the Director'shall be effective for a period of 1-1/2 years from the date ofapp\oval. ,`. �° \ C. Lapsing of approval•:..,partit n,or approvalsbyftlie Directonshall lapse if: 1. The partition has not been recorded or has`been improperly recorded with Washington County without the-satisfactory Cbmpletion Of-all conditions attached to the approval; \ ,i\ 2. The final recording is,\departure from the-approved plan. D. Extension: . N 1. The Director.shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 4: a. No changes made on the original plan as approved by the Director; 2 b. The applicant can—show intent of recording the approved partition or lot line adjustment within the one-year extension period; and c. There have been no changes in the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approvals granted on or after January 1, 2007 through June 30,2010 shall be extended to December 31, 2012. This subsection (2) shall terminate on January 2, 2013, without further action of the City Council. • • 18.430 SUBDIVISIONS 18.430.030 Approval Process A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.040. An application for subdivision may also be reviewed,.concurrently with an application for t. F a planned development, as governed by Chapter 18.350. ' B. Review of final plat. Review of a final plat for subdivision shallbe processed by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.070. C. Approval period. Preliminary plat approval by 119)Approval Authority shall be effective for a period of 1-1/2 years from the date of approval. The gitliiginary plat shall lapse if:\ 1. A final plat has not been submitted within a 1-1/2,year period;or "4'.' A f,NW 2. The final plat does not conform to tlie?preliminary playas pproved or approved with conditions. C. Extension `�° \ ,tiv ti 1. The Director shall po written requ st\by the applicant\and p yment of the required fee, grant one extension`oftlie approval p \t o y eriod not to',cxceed one a"arprovided that: x::;. '1 4' a. No changes are made onathe original preliminary plat plan as approved; ' :4` ' :per: . :°\y \' A.\° ..,.'`, .\:,�j,tea• `�. \.�\���� ' a\ �".� '� IL Th applicantp has expressed written intent of submitting a final plat within the one-year extension period,\ 3-: c. 'Theme have been *changes the the applicable ordinance provisions on which the approval was based; and ,,.:. '\ vV 4. d. An extension of time will preclude the development of abutting properties. 1 2. Approvals gra t'nor after January 1,2007 through June 30,2010 shall be extended to December 31,20121 'This subsection (2) shall terminate on January 2,2013,without further action of the City Council. E. Phased development. 1. The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than. two years without reapplying for a preliminary plat; 2. The criteria for approving a phased site development review proposal are: a. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; • • b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: (1) For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable City or district standard; and (2) The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. 3. The application for phased development approval shallzbe reviewed concurrently with the preliminary plat application and the decision mayt,lieappealed in the same manner as the preliminary plat. (Ord. 09-13) A'`` N`'` N - .: \ A VC A ` cckk —, \‘\ \ V;- .�vA w" 'I Vv�: off\ ‘ : ,, :; ;;;Z;,;, ‘\,,. ;; \C' \\ fall\\e2,, :�I \Ik Cg..?N II t , ;;i,\ \V ' - *,/� • • CHAPTER 18.115 LIST OF TERMS Sections: 18.115.010 List of Terms 18.115.010 List of Terms The following terms are defined in Chapter 18.120,Definitions,unless indicated otherwise. Abandoned Sign See Chapter Alteration,Structural Bikeway 18.780, Signs Alternative Access Billboard See Chapter 18.780, Abutting Lots Amendment Signs Accept Amenity Buildable Area Access Americans with Disabilities Building Accessory Building Act Building Envelope Accessory Dwelling Unit See Annexation Building,Primary Dwelling-Related Definitions Antenna See also Chapter Building Height Accessory Structure 18.798, Wireless Building Official Acre Communication Facilities Building Permit Active Use Facilities See Open Apartment See Dwelling-Related Business See Chapter 18.780, Space Facility-Related Definitions Signs Definitions Appeal Caliper Addition Applicant Canopy Cover See Chapter Adjacent Lots See Abutting Lots Application 18.790, Tree Removal Adjoining Lots See Abutting Approval Authority Change of Use Lots Approved Plan City Administrative Action Archaeological Site City Engineer Adult Bookstore See Adult Area See Chapter 18.780, Signs City of Tigard Entertainment-Related Assessed Valuation City Recorder Definitions Attached Dwelling See Collocation See Chapter 18.798, Adult Entertainment-Related Dwelling-Related Definitions Wireless Communication Definitions Awning Sign See Chapter Facilities • Adult Bookstore 18.780, Signs Commercial Forestry See • Adult Motion Picture Balloon See Chapter 18.780, Chapter 18.790, Tree Removal Theater Signs Commission • Specified Anatomical Areas Banner See Chapter 18.780, Common Wall • Specified Sexual Activities Signs Complete and Entire Adult Motion Picture Theater Base Flood See Flood-Related Complex See Adult Entertainment- Definitions Comprehensive See Related Definitions Basement Comprehensive Plan-Related `A-Frame Sign See Chapter Bench Sign See Chapter 18.780, Definitions 18.780, Signs Signs Comprehensive Plan-Related Aisle Berm Definitions Alley Bike Lane • Comprehensive • • • Generalized • Apartment Floodway See Flood-Related • Land • Attached Dwelling Definitions • Plan Coordination • Detached Dwelling Floodway Fringe See Flood Conditional Use • Duplex Related Definitions Construct See Chapter 18.780, • Dwellin Floor Area g Floor Area Ratio Signs • Manufactured Home Flush Pitched Roof Sign See Contiguous Lots See Abutting • Multi le Famil Dwelling Chapter 18.780, Signs Corner Lot See Lot-Related • Single-Family Dwelling Freestanding Sign See Chapter Definitions Easement 18.780, Signs Corner Side See Yard Related Egress Freeway Interchange See Definitions Electrical Sign See Chapter Chapter 18.780, Signs Council 18.780, Signs Freeway-Oriented Sign See Cul-de-sac Electronic Information Sign Chapter 18.780, Signs Cultural Institution Auxiliary See Chapter 18.780, Signs Front See Yard-Related Sign See Chapter 18.780, Signs Enlargement Definitions Entryway Sign See Chapter Frontage See also Chapter Cutout See Chapter 18.780, 18.780, Signs 18.780, Signs Signs Dedication Exception Front Lot Line See Lot-Related Dedication, Fee In Lieu Of FAA See Chapter 18.798, Definitions Deed Wireless Communication Garage Demolish Facilities Generalized See Comprehensive Density Face Plan-Related Definitions Density Bonus Face of a Building See Chapter Glare 18.780, Signs Guyed Tower See Chapter Density Transfer FCC See Chapter 18.798, Detached Dwelling See p 18.798, Wireless Dwelling-Related Definitions Wireless Communication Communication Facilities Development Facilities Habitable Floor Area Development Review See Fence,Sight-Obscuring Hazardous Tree See Chapter Chapter 18.780, Signs Final Action 18.790, Tree Removal Development Site Final Decision See Final Action Home Occupation Directional Sign See Chapter Final Order See Final Action Homeowners Association Findings Household 18.780, Signs Flag Lot See Lot-Related Director g Housing Complex See Chapter Display Surface See Chapter Definitions 18.780, Signs 18.780, Signs Flashing Sign See Chapter Immediate or Serious Danger 18.780, Signs See Chapter 18.780, Signs Drainage Way Drive Through Facility Floodplain See Flood-Related Impact Analysis Driveway Definitions Impervious Surface Duplex See Dwelling Related Flood-Related Definitions Implementing Ordinance Definitions • Base Flood Improved Lot See Lot-Related Dwelling See Dwelling-Related • Floodplain Definitions Definitions • Floodway Improvement Dwelling-Related Definitions • Floodway Fringe Industrial Park See Chapter • Accessory Dwelling Unit 18.780, Signs • • Ingress • Lot Depth Non-Residential Building See Interior Lot See Lot-Related • Lot Line Chapter 18.755,Mixed Solid Definitions • Lot Line Adjustment Waste And Recyclable Storage Land See Comprehensive Plan- •Lot of Record Non-Structural Trim See Related Definitions • Lot Width Chapter 18.780, Signs Land Form Alteration Occupancy Permit Landscaping • Rear Lot Line Off-Site Impact Lattice Tower See Chapter • Side Lot Line Off-Site Improvement 18.798, Wireless • Substandard Lot Open Space Facility-Related, Communication Facilities • Tax Lot Definitions Lawn Sign See Chapter 18.780, • Through Lot •Active Use Facilities Signs • Zero Lot Line • Minimal Use Facilities Legal Entity See Chapter Lot Width See Lot-Related • Passive Use Facilities 18.780, Signs Definitions Oregon Administrative Rules Legislative Maintenance See Chapter Oregon Revised Statutes Lighting Methods See Chapter 18.780, Signs Outdoor Storage 18.780, Signs Manufactured Home See Owner Loading Area See Loading Space Dwelling-Related Definitions Painted Wall Decorations See Loading Space Minimal Use Facilities See Open Chapter 18.780, Signs Lot See Lot-Related Definitions Space Facility-Related Painted Wall Highlights See Lot Area See Lot-Related Definitions Chapter 18.780, Signs Definitions Mitigation Painted Wall Sign See Chapter Lot Averaging See Lot-Related Mixed Solid Waste See Chapter 18.780, Signs Definitions 18.755,Mixed Solid Waste Park Lot Coverage See Lot-Related And Recyclable Storage Parking Space Definitions Mixed-Use Development Partition Lot Depth See Lot-Related Mobile Home Party Definitions Mobile Home Park Passive Use Facilities See Open Lot Line See Lot-Related Mobile Home Subdivision Space Faczlity-Related Definitions Monopole See Chapter 18.798, Definitions • Lot Line Adjustment See Lot- Wireless Communication Perimeter Related Definitions Facilities Permitted Use Lot of Record See Lot-Related Moving Sign See Chapter Person See also Chapter 18.780, Definitions 18.780, Signs Signs Lot-Related Definitions Multiple-Family Dwelling See Plan Coordination See • Corner Lot Dwelling-Related Definitions Comprehensive Plan-Related • Flag Lot Multi-Unit Residential Definitions • Front Lot Line Building See Chapter 18.755, Plat • Improved Lot Mixed Solid Waste And Premises See Chapter 18.780, • Interior Lot Recyclable Storage Signs Neighborhood Activity Center Projecting Sign See Chapter • Lot Noise 18.780, Signs • Lot Area Nonconforming Sign See Projection See also Chapter •Lot Averaging Chapter 18.780, Signs 18.780, Signs • Lot Coverage Nonconforming Situation . . • e Provider See Chapter 18.798, Single-Family Dwelling See Tree See also Chapter 18.790, Wireless Communication Dwelling-Related Definitions Tree Removal Facilities Site Uniform Building Code See Pruning See Chapter 18.790, Slope Chapter 18.780, Signs Tree Removal Source-Separated Recyclable Use Public Business Day See Chapter 18.755,Mixed Vehicle Parking Space Public Support Facilities Solid Waste And Recyclable Vision Clearance Area Quasi-Judicial Storage Visual Obstruction Reader-Board Sign See Chapter Specified Anatomical Areas See Wall Sign See Chapter 18.780, 18.780, Signs Adult Entertainment-Related Signs Rear See Yard-Related Definitions i Definitions Wetlands Rear Lot Line See Lot-Related Specified Sexual Activities See Will Definitions Adult Entertainment-Related Window Receipt Definitions Wireless Communication Recreational Vehicles Storage Area See Chapter Facility See Chapter 18.798, Remodel 18.755,Mixed Solid Waste WY/ireless Communication Removal See Chapter 18.790, And Recyclable Storage Facilities Tree Removal Story Wireless Communication Reserve Strip Story, First Facility,Attached See Chapter Residence Story,Half 18.798, Wireless Residential Trailer Street Communication Facilities Revolving Sign See Chapter Street,Private Wireless Communication 18.780, Signs Street,Public Transmissions Towers See Right-of-Way Structural Alteration See Chapter 18.798, Wireless Road Chapter 18.780, Signs Communication Facilities Roof Structure Yard See Yard-Related Definitions Roof Line See Chapter 18.780, Subdivision Yard-Related Definitions Signs Substandard Lot See Lot-Related • Corner Side Roof Sign See Chapter 18.780, Definitions • Front Signs Substantial Improvement •Rear Rotating Sign See Chapter Surface Street See Chapter •Side 18.780, Signs 18.780, Signs •Yard Sensitive Lands See Chapter Tax Lot See Lot-Related 18.790, Tree Removal Definitions Zero Lot Line See Lot-Related Setback Temporary Sign See Chapter Definitions Shopping Center See Chapter 18.780, Signs Zoning District 18.780, Signs Temporary Use Shopping Plaza See Chapter Tenant Sign See Chapter 18.780, 18.780, Signs Signs Side See Yard-Related Definitions Through Lot See Lot-Related Side Lot Line See Lot-Related Definitions Definitions Tigard-Based Nonprofit Sign See Chapter 18.780, Signs Organization Sign Structure See Chapter Traffic Flow Plan 18.780, Signs pcI 2ol0— 0000 • U.S. Postal Servicem, , CERTIFIED MAIL. RECEIPT Cr (Domestic Mail Only;No Insurance Coverage Provided) m Cr For delivery information visit our website at www.usps.como ct) ra ,may 11_ USE ouilfev -Postage $ I•-IL �1 22 3 T/q m�/ _ CeRiBed Fee 2..%0 ®Q �C p Ret Receipt Fee H p (Endorsement Required) 2.30 It �� i ° 2010 Restricted Delivery Fee I (Endorsement Required) ® �'7,�7� .S . ■co Total Postage&Fees $ ./,op �'ATTENTION: PLAN AMENDMENT SPECIALIST °DDEPT OF LAND CONSERVATION AND DEVELOPMEI N1635 CAPITOL STREET NE, SUITE150 !SALEM, OR 97301-2540 • • :•., .u9uS .• cc-everse or nstructions • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. S gnature item 4 if Restricted Delivery is desired. I ) ❑Agent • Print your name and address on the reverse X / 0 Addressee l so that we can return the card to you. Received by(Printed ame) C. Dale of D ivery ; • Attach this card to the back of the mailpiece, am" - Delivery or on the front if space permits. 1 L! t D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No . ATTcNT4ON: Plan Amendme 1k Specialis* De.par}tne.rt{- of Land Consz.rvation ard Developme 635 Capitol S-1-reek- NE, Si.0+e ISO ' Salem, OR °I730I-2514O • 3. Service Type ur Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number r 7008 2810 0001 3831 8989 • (Transfer from service Labe° PS Form 3811, February 2004 Domestic Return Receipt 102595-o2-M-154o 1 • • Department Head Approval 0 7Date: 17-eC-� �'� CV Request to Schedule a Council or LCRB Agenda Item -File with Cathy Wheatley or email to #Agenda - Meeting Date April 13, 2010 Packet Material Due* 3/30 at 5 p.m. *(2 weeks before meeting date, see reverse side of this form) Agenda Topic (state as you want the title to appear on the agenda) Consider and Adopt a Development Code Amendment to Extend the Approval Period for Specified Land Use Decisions in Recognition of the Economy's Impact on Development Activities. Meeting Type/Item Placement Item Information (check all that apply) Business - Executive Session ❑ Local Contract Review Board ❑ Business —Business Meeting ® Motion requested (specify below) ❑ *Business—Consent Agenda ❑ Ordinance Business—Study Meeting ❑ PowerPoint presentation ❑ Special ❑ Public Hearing ❑ Special—Executive Session ❑ Public Hearing— Informational ❑ Workshop ❑ Public Hearing—Legislative ❑ Public Hearing— Quasi Judicial ❑ Receive and File ❑ Resolution ❑ Information about this topic (why is it before the Council): Due to the economy's effect on development many previously approved land use applications have or will expire before construction can begin. Applicants are currently allowed to apply for one extension of one (1 ) year, Applicant's and others representing the development community are requesting the City grant additional extensions,which may allow those with existing approvals to begin construction once the economy improves. Other jurisdictions in the area have amended their codes to allow for longer extensions. City Council will decide if the Tigard Community Development Code should be amended to grant longer extensions to applicants caught in this economic downturn. Consent Agenda Item (Briefly describe what Council is being asked to consider, how much it will cost, and how it will be funded.) Estimated time needed at meeting (not required for consent agenda) 30 minutes Staff contact person(s) Cheryl Caines • S If a motion (other than an ordinance or resolution) is requested, please specify "Should Council If a legal ad is required, please specify your publication date estimated date of 2/4/10 Other information/instructions i:\adm\csthy\fomu\request to schedule.doc • • REAuesT FBI CøM,4tEN7s • • CleanWater Services Our commitment is clear. RECEIVED PLANNING FEB 17 2010 MEMORANDUM CITY OFTIGARD Date: February 15, 2010 To: Cheryl,Caines, Associate Planner, City of Tigard From: Jackie Sue Humphreys*, Clean Water Services (the District) Subject: Tigard Code Amendments and Land Use Approval Extensions, DCA 2010-00001 Clean Water Services has no concerns or objections to this application request. • 2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 Phone:(503)681-3600• Fax: (503)681-3603 •www.CleanWaterservices.org tog • a : .. . City of Tigard TIGARD REQUEST FOR COMMENTS DA'Z'E: February 4.2010 TO: Susan Hartnett,Assistant CD Director FROM: City of Tigard Planning Division STAFF CONTACT: Cheryl Caines.Associate Planner Phone: (503) 718-2437 Fax: (503) 718-2748 Email: cheryl@tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2010-00001 LAND USE APPROVAL EXTENSIONS REQUEST: The Community Development Director requests a development code amendment to amend the text of the Site Development Review (18.360), Land Partitions (18.420), and Subdivision (18.430) Chapters of the Tigard Community Development Code (11)C) extending land use decisions with approval periods lapsing between July 1, 2008 and December 31, 2011. The approval period will be extended through December 31, 2012. In addition, a new chapter is proposed (List of Term — 18.115) that lists all defined terms within the TDC. LOCATION: Citywide. COMPREHENSIVE PLAN DESIGNATION: Not applicable. ZONE: Not applicable. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.380, 18.390, 18.420, and 18.430; Comprehensive Plan Goals 1,Public Involvement; Goal 2, Land Use Planning; Goal 9, Economic Development; Goal 10, Housing; and Statewide Planning Goals 1, 2, 9 and 10. 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: Thursday February 18, 2010. 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: z +4 c n. *k cAk fa.ifre etc{GY+S,o0 5 giioutg �l2 .�i u+-e 30, 2-cot a De- 3l,20// - & Geoi't54sll�-v.- `)/z flee 3/,W/z dak- , I�Ju,f J- / Se cu�� daeA vt,`4 VI/let t- G.� J e- e PCB kr,j. /i tt_ wlnct ?L p u` hlll�.kft._ 11 Us - 1----€. wA s • (A),1/ 4/14-a_cLe,Q 40,,t), ceoto-r.,--e) 4e_ fr t cid- k l fie,e ce- . Name&Number of Person Commenting w,y► C2 tfti) ,. . 0- • /i • -!/ . "1 0' . Via,-,,k. .A..:16,A ?Wool • ilrrve6,1 14.aeJid `Dak Da,�- 64, Cop, -c. /' / vi /2/3//a(o • /ZF17 I ( � elcii. e 7 -41wog - 7/1 icfra /thc10il- • /2/3//Dg . ' . 1 /I 1.0 6/30/08 6/.3v/9, I /701 1y/3. /Os. iz/s/ /el ll ( 08 (c I30%f 6/30 o 7 // /0$ /2l3l�p, / •/3/fdo ill /05 6 /3 0 l/0 6/3ek 7005 12/3, /,o ,z13.4 Lb Rio 4730711 d/s41l L I/1 h 0 / ./31 /1/ /2/,/ //z. . 1/LI" b/30(nL 6/301i3 • • HBA Home Builders Association ECERiED of Metropolitan Portland • FEB 1 1 2010 February 10, 2010 CITY OF TIGARD PLANNNI /ENG;NEERINC Mr. David Walsh Chair, Tigard Planning Commission Planning Commissioners City Hall 13125 SW Hall Blvd. Tigard, OR 97223 RE: Development Code Amendment 2010-00001 Dear Chair Walsh and Commissioners: It is on behalf of the 1000+ members of the Home Builders Assn. of Metro Portland that I am sending you these comments. As we know all too well, this region and even the entire country has been experiencing a severe economic downturn, and this is particularly evident in the homebuilding industry. There are countless builders and developers who have submitted applications for partitioning of property or other land use actions, who simply have not had the ability to go forward with their projects. This proposal before you is a very straight forward approach at a code amendment that will allow many applicants to keep their projects `alive', with some hope of going forward with the expectation that these economic times will improve. I urge you to act favorably on this proposed amendment to the Tigard code, and to recommend its approval to the city council. Thank you for the opportunity to provide these comments. Sincer- ;, E nie Platt Director of Local Government Affairs 15555 SW Bangy Road • Suite 301 • Lake Oswego, Oregon 97035 Phone: 503.684.1880 • Fax: 503.684.0588 • www.homebuildersportiand.org • Striving for Affordability,Balance and Choice • . City of Tigard T I G A R D REQUEST FOR COMMENTS DATE: February 4,2010 TO: Todd Prager,City Arborist FROM: City of Tigard Planning Division STAFF CONTACT: Cheryl Gaines,Associate Planner Phone: (503) 718-2437 Fax: (503) 718-2748 Email: cheryl(a,tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2010-00001 LAND USE APPROVAL EXTENSIONS REQUEST: The Community Development Director requests a development code amendment to amend the text of the Site Development Review (18.360), Land Partitions (18.420), and Subdivision (18.430) Chapters of the Tigard Community Development Code (1'DC) extending land use decisions with approval periods lapsing between July 1, 2008 and December 31, 2011.. The approval period will be extended through December 31, 2012. In addition, a new chapter is proposed (List of Term — 18.115) that lists all defined terms within the TDC. LOCATION: Citywide. COMPREHENSIVE PLAN DESIGNATION: Not applicable. ZONE: Not applicable. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.380, 18.390, 18.420, and 18.430; Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goal 9, Economic Development; Goal 10, Housing; and Statewide Planning Goals 1, 2, 9 and 10. 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: Thursday February 18, 2010. 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. PLF,ASE CHECK THE FOLLOWING ITEMS THAT APPLY: � We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting. ,e {re.yer RANAn /t1t4itc 4 IS • ._ ®0 AFFIDAVIT OF MAILING :41 ra UrigARD I,Patricia L. Lunsford,being first duly sworn/affi m,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: {Qusk Appmpnan Box(s)&low} © NOTICE OF FINAL ORDER FOR DCA2010-00001/LAND USE APPROVAL EXTENSIONS (File No./Name Reference) ❑ AMENDED NOTICE HEARING BODY: HEARING DATE: El City of Tigard Planning Director ❑ Tigard Hearings Officer El Tigard Planning Commission ® Tigard City Council (4/13/2010) &(4/27/2010) 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 April 29,2010, and deposited in the United States Mail on April 29,2010,postage prepaid. fi (Person that epare• otic- / STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the r�g day of 1,14 ,2010. OFFICIAL SEAL SHIRLEY L TREAT AdAiL-1 .� NOTARY PUBLIC•OREGON �� COMMISSION NO.416777 1 MY COMMISSION EXPIRES APRIL 25,20.11 : NOTARY PUT B C OF OREGON My Commission Expires: ` i 120 DAYS =N/A EXH I B IT A ..� DATE OF FILING: 4/28/200 DATE MAILED: 4/29/2010 CITY OF TIGARD Washington County, Oregon • NOTICE OF FINAL, ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT (DCA) 2010-00001 Case Name: LAND USE APPROVAL EXTENSIONS 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. 10-07). 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 FIELD A PUBLIC HEARING TO RECEIVE "TESTIMONY ON MARCH 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 "IESTIMONY ON APRIL 13, 2010 AND APRIL 27, 2010 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER Subject: > A Development Code Amendment to amend the text of the Site Development Review (18.360), Land Partitions (18.420), and Subdivisions (18.430) Chapters of the Tigard Community Development Code (TDO) to extend land use approvals for Subdivisions with approval periods lapsing between July 1, 2008 and December 31, 2010 and Site Development Reviews and Land Partitions with approvals lapsing between July 1, 2008 and December 31, 2011. Subdivision approvals are extended through December 31, 2011 and Site Development Reviews and Land Partitions are extended through December 31, 2012. In addition, a new chapter is adopted (List of Terms - 18.115) that lists all defined terms within the 'I'DC. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.380, 18.390, 18.420, and 18.430; Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goal 9, Economic Development; Goal 10,Housing; and Statewide Planning Goals 1, 2,9 and 10. 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 MAY 27, 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-_09 AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE (DCA2010-00001) CHAPTERS 18.360 — SITE DEVELOPMENT REVIEW, 18.420 — LAND PARTITIONS, AND 18.430 — SUBDIVISIONS TO EXTEND LAND USE APPROVALS AND ADD A NEW CHAPTER (18.115 LIST OF TERMS) THAT LISTS ALL DEFINED TERMS FOUND IN THE DEVELOPMENT CODE. WHEREAS, the Community Development Director, in response to public request, initiated the Development Code Amendment to extend land use approvals for Subdivisions with approvals lapsing between July 1, 2008 and December 31, 2010 and Site Development Reviews and Land Partitions with approvals lapsing between July 1, 2008 and December 31, 2011 as a response to the economic downturn; and WHEREAS, these Subdivision approvals will be extended through December 31, 2011 and these Site Development Review and Land Partition approvals will be extended through December 31, 2012 to allow more time to construct developments once the economy improves; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing; and WHEREAS, the Tigard Planning Commission held a public hearing on March 1, 2010, and recommended approval of the proposed amendment with a 9-0 vote; and WHEREAS, notice of the public hearings was published in the Tigard Times Newspaper at least 10 business days prior to the public hearings; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the applicable review criteria: Community Development Code Chapters 18.380, and 18.390; Comprehensive Plan Goal 1, Public Involvement, 2, Land Use Planning, 9.1, Economic Development, and 10.1, Housing; and Statewide Planning Goals 1, 2, 9 and 10; and WHEREAS, the Tigard City Council held a public hearing on April 13, 2010 and April 27, 2010 to consider the proposed amendments; and Certifred to be a tnie copy of the original daztrrrn on • C. • TiganI City H.- % •� Date .'a +1 TIGARD ORDINANCE No. 10- Dr Page 1 WHEREAS, the Tigard CitySuncil has determined that the proposdevelopment code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: The findings in the February 19, 2010 Staff Report to the Planning Commission and the Minutes of the March 1, 2010 Planning Commission hearing are herby adopted as support for the Planning Commission's recommendation to Council. SECTION 3: City Council amended the Planning Commission's recommendation through the public hearing process. The Minutes of the March 30, 2010 and April 20, 2010 Council Workshop meetings and the Minutes of the April 13, 2010 and April 27, 2010 public hearings are hereby adopted in explanation of the Council's decision. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By U Y Rfit rn DIAS vote of all Council members present after being read by number and title only, this c `i t-day of.A -t.i L. , 2010. Ga-t _'A _ 1 1 I a erine Wheatley, City Recorde. APPROVED: By Tigard City Council this o day of I _ ,2010. ‘._,-_, Craig Dirksen,Mayor Approved as to form: c_. , ,f.„..,_,_..: grAttorney 4.. . 1._--i. 2a to Date ORDINANCE No. 10- Di Page 2 • • ! EXHIBIT A ' I .,:DCA2010=00001 - i ' AND- USE APPROVAL EXTENSIONS :'?_°-' C:ODE AMENDMENT Introduction The proposed development code amendment (DCA2010-00001) is to create a new chapter that lists all defined terms found in the Tigard Community Development Code (113C). In addition an amendment is proposed to extend land use decisions (Site Development Reviews, Land Partitions, and Subdivisions) with approvals lapsing between July 1, 2008 and December 31, 2011 until December 31,2012. Following please find the proposed code amendments,broken into two categories: I. New code sections— (18.115) II. Amendments to existing sections— (18.360, 18.420,& 18.430) - Deletions to existing chapters indicated by strikethrengh. Additions to existing chapters indicated by bold and underlined. No formatting differences for new chapters. - .WS:- -+'SY ""'"� -+,t.': 3n; 't4 -fit r..,•.4.L+�t'.,,asas'i„-:,,�r•P:l'�n���Ty-E%'r't� "''t. ^4h9��'.v,.- 'A:aAz`;..Nih-iK: i;:�t�t'7'�?s`.`1C�.��-t'":its_:J':Lik�`i w'yY"N" ''rtt r`iSs'"' ". ..ae.;�"`^ ;-`3.".`'""� 51:`Ih::� ,,�1"!!���.Ss�.�. '''I"'.^R�*'�:*8'.des-<,a..a�r-y<,�1':,�yr.4 .�,,5.�yaN� r ':�f<:f..gn,:t�:-< ,(�d,�-<�,;niz;�,-,�,�:,,a,�F?�,-.�'; ;��;•,�`.,,• :��' {'..� � '` .TF¢+�,.':s:?;{� •t a hvG�4 �f,+Y".-!*`_?S.''4t=n��(�"�`.p�;f i�'",y.�,.�.�:C��"..^.�'<�-...�,?�<��T^;?+•._u�fx..,::��re M p�;:_�.,, �n.,..Y.gdt 9.�'jt. Z iii2.kl'.;�le:.:.#40C".Li�n.Cl'. O:SY".? ?. », 5 '�' ;,4:^ i�;.'.�`. G, �4�ry' 'C`; d. ,�. r.'nr..u= u�dl�G:�-�t�.^daaF w " .M,�m.. a.n.;,r,.�F c: +�?e:�: .+r^:�i.�i ;^,✓u.'-�ix.t� dS?', o-�k.;r?4?.e�:�4��9<1i:s�:�>5:4:3�:y<'.:�.�r�l,�.�s<a T.lf't',ei5.?..r-..-,+,>rc:::_•. Chapter(18.115) List of Terms The following terms are defined in Chapter 18.120,Definitions,unless indicated otherwise. Abandoned Sign See Chapter Adult Bookstore See Adult Amendment 18.780, Signs Entertainment-Related Amenity Abut Definitions Americans with Disabilities Abutting Lots Adult Entertainment- . Act Accept Related Definitions Annexation Access • Adult Bookstore Antenna See also Chapter Accessory Building • Adult Motion Picture 18.798, Wireless Accessory Dwelling Unit See Theater Communication Facilities Dwelling-Related Definitions Specified Anatomical Areas Apartment See Dwelling- Accessory Structure Related Definitions Acre • Specified Sexual Activities Appeal Active Use Facilities See Adult Motion Picture Applicant Open Space Facility-Related Theater See Adult Application t Definitions Entertainment-Related Approval Authority Addition Definitions Approved Plan Adjacent Lots See Abutting `A'-Frame Sign See Chapter Arcade See Design-Related Lots 18.780, Signs Definitions Adjoining Lots See Abutting Aisle Archaeological Site Lots Area Area See Chapter 18.780, Administrative Action Alteration, Structural Signs Alternative Access • • Argument See Section City Dedication,Fee In Lieu Of 18.390.080, General City Engineer Deed a Provisions City of Tigard Demolish Assessed Valuation City Recorder Density Attached Dwelling See Collocation See Chapter Density Bonus Dwelling-Related Definitions 18.798, Wireless Density Transfer Awning See Design-Related Communication Facilities Design-Related Definitions Definitions Column See Design-Related • Arcade Awning Sign See Chapter D finitions Awning 18.780, Signs Commercial Forestry See • Balloon See Chapter 18.780, Chapter 18.790, Tree • Band Signs Removal • Bay Band See Design-Related Commission • Belt Course Definitions Common Wall • Canopy Banner See Chapter 18.780, Complete and Entire • Chamfer Signs Complex • Column Base Flood See Flood-Related Comprehensive See Definitions Comprehensive Plan-Related • Cornice Basement Definitions • Eaves Bay See Design-Related Comprehensive Plan- •Entry Definitions Related Definitions • Frieze Belt Course See Design- • Comprehensive •Marquee Related Definitions • Generalized •Medallion Bench Sign See Chapter • Land 18.780,Signs •Parapet • Plan Coordination Berm •Pilaster Bike Lane Conditional Use • String Course Bikeway Construct See Chapter •Transom Billboard See Chapter 18.780, 18.780, Signs Contiguous •Turret Signs Buildable Area Contiguous Lots See •Visible Transmittance Building Abutting Lots Detached Dwelling See Building Envelope Corner Lot See Lot-Related Dwelling-Related Definitions Building,Primary Definitions Development Building Height Corner Side See Yard-Related Development Adjustment See Building Official;See also Definitions Section 18.370.020, Chapter 18.780,Signs Cornice See Design-Related Adjustments Building Permit Definitions Development Review See Business See Chapter 18.780, Council Chapter 18.780,Signs Signs Covered Soil Area See Development Site Caliper Landscaping-Related Definitions Directional Sign See Chapter Canopy See Design-Related Cul-de-sac 18.780, Signs Definitions Cultural Institution Auxiliary Director Canopy Cover See Chapter Sign See Chapter 18.780, Signs Display Surface See Chapter 18.790, Tree Removal Cutout See Chapter 18.780, 18.780, Signs Chamfer See Design-Related Signs Drainage Way Definitions Dedication Drive-Through Facility Change of Use • • Driveway Final Decision See Final Action Guyed Tower See Chapter Duplex See Dwelling-Related Final For Purposes Of Appeal 18.798, Fireless • i Definitions See Section 18.390.080, Communication Facilities Dwelling See Dwelling-Related General Provisions Habitable Floor Area Definitions Final Order See Final Action Hazardous Tree See Chapter Dwelling-Related Definitions Findings 18.790, Tree Removal •Accessory Dwelling Unit Flag Lot See Lot-Related Home Occupation Definitions Homeowners Association •Apartment Household •Attached Dwelling Flashing Sign See Chapter 18.780, Signs Housing Complex See Chapter • Detached Dwelling Floodplain See Flood-Related 18.780,Signs •Duplex Immediate or Serious Danger Definitions • D' g Flood-Related Definitions See Chapter 18.780,Signs • Manufactured Home Impact Analysis • Base Flood • Multiple-Family Dwelling • Floodplain Impervious Surface • Single-Family Dwelling • Floodway Implementing Ordinance y Improved Lot See Lot-Related Easement • Floodway Fringe Eaves See Design-Related y g Definitions Floodway See Flood-Related Improvement Definitions Definitions Effective Date See Section Industrial Park See Chapter Floodway Fringe See Flood- 18.780, Signs 18.390.080, General Provisions Related Definitions Ingress Egress Floor Area Interior Lot See Lot-Related Electrical Sign See Chapter Floor Area Ratio 18.780, Signs Definitions Flush Pitched Roof Sign See Land See Comprehensive Plan-. Electronic Information Sign Chapter 18.780, Signs Si g See Chapter 18.780, Signs Related Definitions Freestanding Sign See Chapter Land Form Alteration Enlargement 18.780,Signs Landscaping Entry See Design-Related Freeway Interchange See Landscaping-Related Definitions Chapter 18.780,Signs Definitions Entryway Sign See Chapter Freeway-Oriented Sign See 18.780,Signs Covered Soil Area Chapter 18.780, Signs • Open Soil Evidence See Section P Frieze See Design-Related 18.390.080, General Provisions • Root Paths Definitions Exception Front See Yard Related • Soil Volume Calculations FAA See Chapter 18.798, Definitions Lattice Tower See Chapter Wireless Communication Frontage See also Chapter 18.798, Wireless Facilities Communication Facilities 18.780, Signs Face Lawn Sign See Chapter 18.780, Front Lot Line See Lot-Related Face of a Building See Chapter Signs 18.780,Signs Definitions Legal Entity See Chapter FCC See Chapter 18.798, Garage Generalized See Comprehensive 18.780, Signs, `Business" Wireless Communication Legislative Plan-Related Definitions Facilities Lighting Methods See Chapter Fence,Sight-Obscuring Glare 18.780, Signs Final Action Loading Area See Loading Space • • Loading Space Marquee See Design-Related • Passive Use Facilities Lot See Lot-Related Definitions Definitions Oregon Administrative Rules i Lot Area See Lot-Related Medallion See Design-Related Oregon Revised Statutes Definitions Definitions Outdoor Storage Lot Averaging See Lot-Related Minimal Use Facilities See Open Owner Definitions Space Facility-Related - Painted Wall Decorations See Lot Coverage See Lot-Related Definitions Chapter 18.780, Signs Definitions Mitigation Painted Wall Highlights See Lot Depth See Lot-Related Mixed Solid Waste See Chapter Chapter 18.780, Signs Definitions 18.755,Mixed Solid Waste Painted Wall Sign See Chapter Lot Line See Lot-Related And Recyclable Storage 18.780, Signs Definitions Mixed-Use Development Parapet See Design-Related Lot Line Adjustment See Lot- Mobile Home Definitions Related Definitions Mobile Home Park Park Lot of Record See Lot-Related Mobile Home Subdivision Parking Space Definitions Monopole See Chapter Partition Lot-Related Definitions 18.798, Wireless Party • Corner Lot Communication Facilities Passive Use Facilities See Open • Flag Lot Moving Sign See Chapter Space Facility-Related g 18.780,Signs Definitions • Front Lot Line Multiple-Family Dwelling See Perimeter • Improved Lot lateed Definitions Dwellin -R g Permitted Use • Interior Lot Multi-Unit Residential Person See also Chapter 18.780, • Lot Building See Chapter 18.755, Signs • Lot Area Mixed Solid Waste And Pilaster See Design-Related • Lot Averaging Recyclable Storage Definitions • Lot Coverage Neighborhood Activity Center Plan Coordination See • Lot Depth Noise Comprehensive Plan-Related • Lot Line Nonconforming Sign See Definitions • Lot Line Adjustment Chapter 18.780, Signs Plat Nonconforming Situation Premises See Chapter 18.780, • Lot of Record Non-Residential Building See Sig ns • Lot Width Chapter 18.755,Mixed Solid Projecting Sign See Chapter • Rear Lot Line Waste And Recyclable Storage 18.780, Signs • Side Lot Line Non-Structural Trim See Projection See also Chapter • Substandard Lot Chapter 18.780, Signs 18.780, Signs •Tax Lot Occupancy Permit Provider See Chapter 18.798, •Through Lot Off-Site Impact Wireless Communication • Zero Lot Line Off-Site Improvement Facilities Lot Width See Lot Related Open Soil See Landscaping- Pruning See Chapter 18.790, Definitions Related Definitions Tree Removal Maintenance See Chapter Open Space Facility-Related Public Business Day 18.780, Signs Definitions Public Support Facilities Manufactured Home See • Active Use Facilities Quasi Judicial Dwelling-Related Definitions • Minimal Use Facilities • • Reader-Board Sign See Chapter Soil Volume Calculations See Traffic Flow Plan 18.780,Signs Landscaping-Related Definitions Transom See Design-Related ' Rear See Yard-Related Definitions Source-Separated Recyclable Definitions Rear Lot Line See Lot-Related See Chapter 18.755,Mixed Tree See also Chapter 18.790, Definitions Solid Waste And Recyclable Tree Removal Receipt Storage Turret See Design-Related Recreational Vehicles Special Adjustments,See Section Definitions Remodel 18.370.020,Adjustments Uniform Building Code See Removal See Chapter 18.790, Specified Anatomical Areas See Chapter 18.780, Signs Tree Removal Adult Entertainment-Related Use Reserve Strip Definitions Vehicle Parking Space Residence Specified Sexual Activities See Visible Transmittance See Residential Trailer Adult Entertainment-Related Design-Related Definitions Responsible Party,See Section Definitions Vision Clearance Area 18.230.030,Penalty Storage Area See Chapter Visual Obstruction . Revolving Sign See Chapter 18.755,Mixed Solid Waste Wall Sign See Chapter 18.780, 18.780,Signs And Recyclable Storage Signs Right-of-Way Story Wetlands Road Story,First Will Roof Story,Half Window Roof Line See Chapter 18.780, Street Wireless Communication Signs Street,Private Facility See Chapter 18.798, Roof Sign See Chapter 18.780, Street,Public fireless Communication Signs String Course See Design-Related Facilities Root Paths See Landscaping- Definitions Wireless Communication Related Definitions Structural Alteration See Facility,Attached See Rotating Sign See Chapter Chapter 18.780, Signs Chapter 18.798, Wireless Communication Facilities 18.780, Signs Structure Wireless Communication Sensitive Lands See Chapter Subdivision Transmissions Towers See 18.790, The Removal Substandard Lot See Lot-Related Chapter 18.798, finless Setback Definitions Communication Facilities Shopping Center See Chapter Substantial Improvement Yard See Yard-Related Definitions 18.780, Signs Surface Street See Chapter Yard-Related Definitions Shopping Plaza See Chapter 18.780, Signs • Corner Side 18.780, Signs Tax Lot See Lot-Related Side See Yard-Related Definitions • Front Definitions • Rear Side Lot Line See Lot-Related Temporary Sign See Chapter D fi nitions 18.780, Signs • Side Sign See Chapter 18.780,Signs Temporary or Use • Yard Sign Structure See Chapter Tenant Sign See Chapter 18.780, Zero Lot Line See Lot-Related 18.780, Signs Signs Definitions Single-Family Dwelling See Through Lot See Lot-Related Zoning District Dwelling-Related Definitions Definitions Site Tigard-Based Nonprofit Slope Organization • • :!. -.. ,.. -�,-^.'*Fc:t=��aj'�d'� a`"�` . ;alt,,-m.yitu t gi 'i°» ,rep.:,. 'Pi z�.1?'."-";`;,y>'t;'i�':, :,3'. �" ' .<'';l::s::iii a=�T,`ai- 's:"{kBP;C,��Ct3+ fta" o.� �Lar .�,''rr�: ^yy� 5� �. .�J ,4 y.S,'' j"_'' �„''%rten<;„x_�:; ta`Ia,.,}�,,.!1+f.p' �? � ' ]I; eGt�©11S*' �t� ' �F� .� �i `"'{�d� a� � '�� " ' !v*rr '�'`� ' �eee�� �C��tJ�le�er.a,,. .,. �c. � ' � ���e..r� J Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or major modification of an approved plan or existing development, as defined in Section 18.360.020.A, shall be processed by means of a Type II procedure, as governed by Section 18.390.040,using approval criteria contained in Section 18.360.090. B. Minor modifications. Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060, shall be processed as a Type I procedure;as governed by Section 18.390.030,using approval criteria contained in Section 18.360.060. C. Approval period. Site development review approval by the Director shall be effective for a . period of 1-1/2 years from the date of approval. The site development review approval by the Director shall lapse if: 1. Substantial construction of the approved plan has not begun within a one-and-one-half years period;or 2. Construction on the site is a departure from the approved plan. D. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year;provided that: 4 a. No changes are made on the original site development review plan as approved by the Director; 2: b. The applicant can show intent of initiating construction on the site within the one-year extension period;and e. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Site Development Review lapsing between July 1, 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. E. Phased development. • • • 1. The Director shall approve a time schedule for developing a site in phases over a period of time of one year,but in no case shall the total time period for all phases be greater than three years without reapplying for site development review. 2. The criteria for approving a phased site development review proposal is that all of the following are satisfied: a. The public facilities are constructed in conjunction with or prior to each phase; b. The development and occupancy of any phase is not dependent on the use of temporary public facilities.A temporary public facility is any facility not constructed to the applicable City or district standard; c. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal;and • d. The Director's decision may be appealed as provided by Section 18.390.040.G. No notice need be given of the Director's decision. 3. The Director may waive or modify the approval period for projects within the Washington Square Regional Center in accordance with Section 18.630.020.C. (Ord. 09-13) 18.420 LAND PARTITIONS 18.420.030 Approval Process A. Decision-making process. The Director shall approve, approve with conditions or deny an application partition, which shall be reviewed by means of a Type II procedure, as governed by Chapter 18.390,using approval criteria contained in Section 18.420.050. B. Time limit on approval. The partition approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. C. Lapsing of approval. The partition or approval by the Director shall lapse if: 1. The partition has not been recorded or has been improperly recorded with Washington County without the satisfactory completion of all conditions attached to the approval; 2. The final recording is a departure from the approved plan. D. Extension. . 1. • • c. There have been no changes to the applicable ordinance provisions on which the approval was based; and 4. d. An extension of time will not preclude the development of abutting properties. 2. Approval periods for Subdivisions lapsing between July 1, 2008 and December 31, 2010 shall be automatically extended through December 31, 2011. No further extensions will be granted. E. Phased development. 1. The Approval Authority may approve a time schedule for developing a subdivision in phases,but in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat; 2. The criteria for approving a phased site development review proposal are: a. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: (1) For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable City or district standard; and (2) The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. 3. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. (Ord. 09-13) I 1. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 47 a. No changes are made on the original plan as approved by the Director; b. The applicant can show intent of recording the approved partition or lot line adjustment within the one-year extension period;and c. There have been no changes in the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Land Partitions lapsing between July 1, 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted. 18.430 SUBDIVISIONS 18.430.030 Approval Process A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of a Type II procedure, as governed by Chapter 18.390,using approval criteria contained in Section 18.430.040. An application for subdivision may also be reviewed concurrently with an application for a planned development,as governed by Chapter 18.350. B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.070. C. Approval period. Preliminary plat approval by the Approval Authority shall be effective for a period of 1-1/2 years from the date of approval.The preliminary plat shall lapse if: 1. A final plat has not been submitted within a 1-1/2 year period; or 2. The final plat does not conform to the preliminary plat as approved or approved with conditions. C. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant one extension of the approval period not to exceed one year;provided that: a. No changes are made on the original preliminary plat plan as approved; 2, b. The applicant has expressed written intent of submitting a final plat within the one-year extension period; • Bob Betcone, Senior Project Manager DCA2010-00001 The Trust for Public Land LAND USE APPROVAL EXTENSIONS 806 SW Broadway, Suite 300 //�� Portland, OR 97205 EXHIBIT V John Wyland J.T. Smith Companies 2694 Coeur D'Alene Drive West Linn, OR 97068 Ernie Platt,Director of Local Government Affairs HBA of Metro Portland 15555 SW Bangy Road, Suite 301 Lake Oswego, OR 97035 Greg Specht, Chief Executive Officer Specht Development, Inc. 15325 SW Beaverton Creek Court Beaverton, OR 97006 Jeff Smith 23600 Salamo West Linn, OR 97068 Jim Lampus 13219 Deerfield Ct. Lake Oswego, OR 97035 John Frewing 7110 SW Lola Lane Tigard, OR 97223 ' • • AFFIDAVIT OF MAILING •� • T I GARD I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Planning Assistant for the City of Tigard,Washington County, Oregon and that I served the following: (Check inane&x()Below) © NOTICE OF PUBLIC HEARING FOR: DCA2010-00001/LAND USE APPROVAL EXTENSIONS (file No/Name Reference) ❑ AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer • Tigard Planning Commission (3/1/2010) • Tigard City Council (4/13/2010) 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 February 8,2010,and deposi -• • the United States Mail on February 8,2010,postage prepaid. (Person . . .'repare9Notic / STATE OF OREGON County of Washington ss. City of Tigard - Subscribed and sworn/affirmed before me on the l day of 4-4 , 2010. 9 : OFFICIAL SEAL r art< SHIRLEY L TREAT / i) y NOTARY PUBUC-OREGON O ) �� ( COMMISSION NO.416777 () MY COMMISSION EXPIRES APRIL 25,2011 () NOTARY PUB IC OF OREGO My Commission Expires: EXHIBI A NOTICE TO MORTGAGEE,kNHOLDER,VENDOR OR SER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, ,II IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, MARCH 1, 2010, AT 7:00 PM AND THE TIGARD CITY COUNCIL ON TUESDAY,APRIL 13,2010,AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2010-00001 FILE TITLE: LAND USE APPROVAL EXTENSIONS APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 REQUEST: The Community Development Director requests a development code amendment to amend the text of the Site Development Review (18.360), Land Partitions (18.420), and Subdivision (18.430) Chapters of the Tigard Community Development Code (MC) extending land use decisions with approval periods lapsing between July 1, 2008 and December 31, 2011. The approval period will be extended through December 31, 2012. In addition, a new chapter is proposed (List of Terms — 18.115) that lists all defined terms within the TDC. LOCATION: Citywide. COMP. PLAN DESIGNATION: Not applicable. ZONE: Not applicable. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.380, 18.390, 18.420, and 18.430; Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goal 9, Economic Development;Goal 10,Housing;and Statewide Planning Goals 1,2, 9 and 10. THE PUBLIC HEARINGS ON THIS MAi ER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL. AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVIC•ARE AVAILABLE FOR PERSONS 40TH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (1'DD - 'TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRI1"1'EN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WTT.T, THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT ASSOCIATE PLANNER CHERYL CAINES AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO cherylc atigard-or.gov. ■ 1 • • Bob Betcone, Senior Project Manager DCA2010-00001 The Trust for Public Land LAND USE APPROVAL EXTENSIONS 806 SW Broadway, Suite 300 Portland, OR 97205 EXHIBIT John Wyland J.T. Smith Companies 2694 Coeur D'Alene Drive West Linn, OR 97068 Ernie Platt,Director of Local Government Affairs HBA of Metro Portland 15555 SW Bangy Road, Suite 301 Lake Oswego, OR 97035 Greg Specht, Chief Executive Officer Specht Development,Inc. 15325 SW Beaverton Creek Court Beaverton, OR 97006 • • Barry Albertson Josh Thomas 15445 SW 150th Avenue 10395 SW Bonanza Tigard, OR 97224 Tigard, OR 97224 David Walsh Tim Esau 10236 SW Stuart Court PO Box 230695 Tigard, OR 97223 Tigard, OR 97281 Don&Dorothy Erdt Ross Sundberg 13760 SW 121st Avenue 16382 SW 104th Avenue Tigard, OR 97223 Tigard, OR 97224 Ellen Beilstein Sue Rorman 14630 SW 139th Avenue 11250 SW 82nd Avenue Tigard, OR 97224 Tigard, OR 97223 Todd Harding and Blake Hering Jr. Norris Beggs &Simpson Naomi Gallucci 121 SW Morrison, Suite 200 11285 SW 78 Avenue Portland, OR 97204 Tigard, OR 97223 Vanessa Foster Brian Wegener 13085 SW Howard Drive 9830 SW Kimberly Drive Tigard, OR 97223 Tigard, OR 97224 Susan Beilke Patricia Keerins 11755 SW 114th Place 12195 SW 121st Avenue Tigard, OR 97223 Tigard, OR 97223 John Frewing Alexander Craghead 7110 SW Lola Lane 12205 SW Hall Boulevard Tigard, OR 97223 Tigard, OR 97223-6210 Paul Owen CPO 4B 10335 SW Highland Drive 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Tigard, OR 97224 Rex Caffall Craig Smelter 13205 SW Village Glenn PO Box 1467 Tigard, OR 97223 Tualatin, OR 97062 . • Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Joseph Dyar 10285 SW Highland Drive Tigard, OR 97224-4668 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 CITY OF TIGARD- CITYWIDE INTERES I"ED PARTIES (i:\curpin\setup\labels\CIT CityWide.doc) UPDATED: 18-Sep-09