Ordinance No. 02-12 Attachment 2
CITY OF TIGARD, OREGON
ORDINANCE NO. 02- I.a (Revised)
AN ORDINANCE ADOPTING THE COMPREHENSIVE PLAN AND DEVELOPMENT CODE
CHANGES FOR THE WASHINGTON SQUARE REGIONAL CENTER (CPA2001-
00002/ZOA2001-00002).
WHEREAS, The City Council adopted the Washington Square Regional Center Plan, Zone change,
Comprehensive Plan text changes and Development Code text changes in March, 2000 but delayed
implementation until recommendations on several areas of concerns could be developed; and
WHEREAS, The Washington Square Regional Center Implementation Task Force has met to discuss
the recommendations and has prepared a report which includes conclusions and recommendations for
the successful implementation of the Washington Square Regional Center Plan and amendments; and
WIIEREAS, the Task Force recommended several changes to the Development Code and
Comprehensive Plan text that was previously adopted; and
WHEREAS, Staff has prepared findings which show that the piupvscd a►nendincnts to the Development
Code and Comprehensive Plan comply with Community Development Code Section, 18.390.060;
Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 3.4.2.1), 8.1.1, and 8.2.1; Statewide Planning Goals 1.,
2, 5, and 12; Metro Functional Plan Titles 1, 3,4, and 7 and the Regional Transportation Plan; and
WHEREAS, the Planning Commission.held a public hearing,which was noticed in accordance with the
City standards, on December 3, 2001 and voted to recommend approval of the requested amendments to
the City Council; and
WHEREAS, the City Council held a public hearing, which was noticed in accordance with City
standards, on January 22, 2002, and continued to February 26, 2002, and voted to approve the proposed
amendments.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The adopted Comprehensive Plan text amendment and Development Code text
amendments, are shown in Exhibits A and B.
SECTION 2: The requested amendments are approved based on the analysis and findings in the
staff report(Exhibit C) and supplemental findings(Exhibit D).
SECTION 3: The approved amendments shall be effective on the date that the Washington Square
Regional Center Plan and associated amendments become effective, but no less than
30 days after its passage by the City Council.
ORDINANCE NO. 02- I
Page 1 of 2
ATTACHMENT 2
PASSED: By 1 ti vote of all Council members present after being read by number and.
title only,thi��'tay of t z0•v� 2002.
Catherine Wheatley,CityPlecorder
APPROVED: By Tigard City Council this `day ofd"'LCU- - 2002.
jamesiE. Grifit 'M
Ap roved as to form:
ty Attorney
Date
ORDINANCE NO. 02- is\Irpin\julia\cpa\washin/washington square adoption ORD.doc
Page 2 of 2 02/13/02/4:20 PM
Exhibit A
WASHINGTON SQUARE REGIONAL CENTER
Proposed Text Amendments to the Tigard Development Code
Amendments to the following sections of the development code are necessary in order to
implement the Washington Square Regional Center Plan:
18.360 — Site Development Review
18.370 —Variances and Adjustments
18.520 — Commercial Zoning Districts
18.630 —Washington Square Regional Center
18.760 — Non-Conforming Situations
Following is the proposed text which reflects a combination of changes. When the Washington
Square Regional Center Plan was adopted, a new code section, 18.630 was adopted at that time as
well but not implemented and incorporated into the development code since the implementation of the
Plan was delayed. Since that time, changes were made to the code and staff identified the need for
formatting and clerical changes to allow the adopted language to better fit into the existing
development code. In addition, the Washington Square Regional Center Implementation Plan Task
Force identified the need for additional code amendments. In order to visualize the impetus behind
each change, staff has identified each change as follows:
Previously adopted Washington Square standards that have been re-formatted to fit into the existing
development code is highlighted (No changes to the content, just moved around within the
development code).
Text that has been added to cross-reference with the WSRC standards, to clarify existing adopted
standards or to fix clerical errors is double underlined. (New text but no major content changes, just
added language to clarify the original intent and to cross reference for easier usage of the code).
Task Force recommended changes to previously adopted Washington Square text is bold and
italicized(New text and content that was not previously provided for).
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE I
Exhibit A
18.360
SITE DEVELOPMENT REVIVEW
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 18.360.030A, 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. The Director shall, upon written request by the applicant and payment of the required fee, grant
an extension of the approval period not to exceed one year; provided that:
1. No changes are made on the original site development review plan as approved by the Director;
2. The applicant can show intent of initiating construction on the site within the one year extension period;
and
3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions
on which the approval was based.
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 Subsection 18.390.040.6. No notice need
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 2
Exhibit A
be given of the Director's decision.
3. The Director may waive or modify the aooroval period for oroiects within the Washington
Square Regional Center in accordance with 18.630.020.0.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 3
Exhibit A
Chapter 18.370
VARIANCES AND ADJUSTMENTS
Sections:
18.370.010 Variances
18.370.020 Adjustments
18.370.010 Variances
A. Purpose. The purpose of this section is to provide standards for the granting of variances from the
applicable zoning requirements of this title where it can be shown that, owing to special and unusual
circumstances related to a specific property, the literal interpretation of the provisions of the applicable
zone would cause an undue or unnecessary hardship, except that no use variances shall be granted.
B. Applicability of provisions.
1. The variance standards are intended to apply to individual platted and recorded lots only.
2. An applicant who is proposing to vary a specification standard for lots yet to be created through a
subdivision process may not utilize the variance procedure unless otherwise specified in Section
18.730.030, Zero Lot Line Setback Standards, or Chapter 18.430, Subdivisions.
C. Approval process and standards.
1. Variances shall be processed by means of a Type II procedure, as governed by Section 18.390.040,
using standards of approval contained in Subsection 2 below.
2. The Director shall approve, approve with conditions, or deny an application for a variance based on
finding that the following criteria are satisfied:
a. The proposed variance will not be materially detrimental to the purposes of this title, to any other
applicable policies and standards, and to other properties in the same zoning district or vicinity;
b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or
other circumstances over which the applicant has no control, and which are not applicable to other
properties in the same zoning district;
c. The use proposed will be the same as permitted under this title and City standards will be
maintained to the greatest extent that is reasonably possible while permitting reasonable economic
use of the land;
d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land
forms or parks will not be adversely affected any more than would occur if the development were
developed as specified in the title; and
e. The hardship is not self-imposed and the variance requested is the minimum variance which would
alleviate the hardship.
3. The Director shall approve, approve with modifications, or deny an application for a subdivision
variance subject to the criteria set forth in Section 18.160.120.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 4
Exhibit A
18.370.020 Adjustments
A. Purpose. The purpose of this section is to establish two classes of special variances:
1. "Development adjustments" which allow modest variation from required development standards within
proscribed limits. Because such adjustments are granted using "clear and objective standards," these
can be granted by means of a Type I procedure, as opposed to the more stringent standards of
approval and procedure for variances.
2. "Special adjustments" which are variances from development standards which have their own approval
criteria as opposed to the standard approval criteria for variances contained in Section 18.370.0100.
B. Development adjustments.
1. The following development adjustments will be granted by means of a Type I procedure, as governed
by Section 18.390.030, using approval criteria contained in Subsection B2 below:
a. Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard setback
required in the base zone. Setback of garages may not be reduced by this provision.
b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard
setbacks required in the base zone.
c. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone.
2. Approval criteria. A development adjustment shall be granted if there is a demonstration of compliance
with all of the applicable standards:
a. A demonstration that the adjustment requested is the least required to achieve the desired affect;
b. The adjustment will result in the preservation of trees, if trees are present in the development area;
c. The adjustment will not impede adequate emergency access to the site;
d. There is not a reasonable alternative to the adjustment which achieves the desired affect.
C. Special adjustments.
1. Adjustments to development standards within subdivisions (Chapter 18.430). The Director shall
consider the application for adjustment at the same time he/she considers the preliminary plat. An
adjustment may be approved, approved with conditions, or denied provided the Director finds:
a. There are special circumstances or conditions affecting the property which are unusual and peculiar
to the land as compared to other lands similarly situated;
b. The adjustment is necessary for the proper design or function of the subdivision;
c. The granting of the adjustment will not be detrimental to the public health, safety, and welfare or
injurious to the rights of other owners of property; and
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 5
Exhibit A
d. The adjustment is necessary for the preservation and enjoyment of a substantial property right
because of an extraordinary hardship which would result from strict compliance with the regulations
of this title.
2. Adjustment to minimum residential density requirements (Chapter 18.510). The Director is authorized
to grant an adjustment to the minimum residential density requirements in 18.510.040, by means of a
Type I procedure, as governed by 18.390.030 as follows:
a. For development on an infill site as follows:
(1) In the R-25 zone, sites of .75 acre or smaller.
(2) In the R-40 zone, sites of .75 acre or smaller.
b. For development on sites larger than those contained in 1 above, if the applicant can demonstrate
by means of detailed site plan that the site is so constrained that the proportional share of the
required minimum density cannot be provided and still meet all of the development standards in the
underlying zone.
c. To be granted an adjustment in either Subsections a or b above, the applicant must demonstrate
that the maximum number of residential units are being provided while complying with all applicable
development standards in the underlying zone. There is nothing in this section which precludes an
applicant for applying to a variance to these standards, as governed by Section 18.370.010.
3. For adjustments to density requirements in the Washington Square Regional Center, the standards o
18.630.020.E cooly.
4. For Modifications to dimensional and minimum density requirements for developments within the
Washington Square Regional Center that include or abut designated Water Resource overlay areas.
the standards of 18.630.020.E apply.
5. Adjustment to access and egress standards (Chapter 18.705).
a. In all zoning districts where access and egress drives cannot be readily designed to conform to
Code standards within a particular parcel, access with an adjoining property shall be
considered. If access in conjunction with another parcel cannot reasonably be achieved, the
Director may grant an adjustment to the access requirements of Chapter 18.705 through a Type
II procedure, as governed in Section 18.390.030, using approval criteria contained in
Subsection 2b below.
b. The Director may approve, approve with conditions, or deny a request for an adjustment from
the access requirements contained in Chapter 18.705, based on the following criteria:
(1) It is not possible to share access;
(2) There are no other alternative access points on the street in question or from another
street;
(3) The access separation requirements cannot be met;
(4) The request is the minimum adjustment required to provide adequate access;
(5) The approved access or access approved with conditions will result in a safe access;
and
(6) The visual clearance requirements of Chapter 18.795 will be met.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 6
Exhibit A
6. Adjustments to landscaping requirements (Chapter 18.745)
a. Adjustment to use of existing trees as street trees. By means of a Type I procedure, as
governed by Section 18.390.030, the Director shall approve, approve with conditions, or deny a
request for the use of existing trees to meet the street tree requirements in Section 18.745.030
providing there has been no cutting and filling around the tree during construction which may
lead to its loss, unless the following can be demonstrated:
(1) The ground within the drip-line is altered merely for drainage purposes; and
(2) It can be shown that the cut or fill will not damage the roots and will not cause the tree to
die.
b. Adjustment for street tree requirements. By means of a Type I procedure, as governed by
Section 18.390.030, the Director shall approve, approve with conditions, or deny a request for
the adjustments to the street tree requirements in Section 18.745.030, based on the following
approval criteria:
(1) If the location of a proposed tree would cause potential problems with existing utility
lines;
(2) If the tree would cause visual clearance problems; or
(3) If there is not adequate space in which to plant street trees.
7. Adjustments to parking standards (Chapter 18.765).
a. Reduction from minimum parking requirements. By means of a Type 11 procedure, as governed
by Section 18.390.040, the Director may authorize up to a 20% reduction in the total minimum
vehicle parking spaces required in Section 18.765.070H when an applicant for a development
permit can demonstrate in a parking study prepared by a traffic consultant or in parking data
from comparable sites that:
(1) Use of transit, demand management programs, and/or special characteristics of the
customer, client employee or resident population will reduce expected vehicle use and
parking space demand for this development, as compared to standards Institute of
Transportation Engineers (ITE)vehicle trip generation rates and minimum city parking
requirements, and
(2) A reduction in parking will not have an adverse impact on adjacent uses.
b. Reductions in minimum parking requirements in new developments for transit improvements.
The Director may authorize up to a 20% reduction in the total minimum vehicle parking spaces
required in Section 18.765.070H by means of a Type II procedure, as governed by Section
18.390.040, when the applicant:
(1) Incorporates transit-related facilities such as bus stops and pull-outs, bus shelters,
transit-oriented developments and other transit-related development; and
(2) Documents operational characteristics indicating the number of transit users, or number
of non-auto users for a particular facility.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 7
Exhibit A
c. Reductions in minimum parking requirements in existing developments for transit improvements.
The Director may authorize up to a 10% reduction in the total minimum vehicle parking spaces
required in Section 18.765.070H at a conversion ratio of one space per 100 square feet of transit
facility by means of a Type I procedure as governed by Section 18.390.030, when the applicant:
(1) Incorporates transit-related facilities such as bus stops and pull-outs, bus shelters, transit-
oriented developments and other transit-related development; and
(2) Meets the following requirements:
(a) A transit facility must be located adjacent to a street with transit service. The facility should
be located between the building and front property line, within 20 feet of an existing transit
stop, or the facility may include a new transit stop if approved by Tri-Met.
(b) A transit facility shall include a covered waiting or sitting area.
d. Increases in the maximum parking requirements. The Director may approve off-street parking in
excess of the maximum allowed parking spaces in Section 18.765.070G by means of a Type II
procedure, as governed by Section 18.390.040, when the applicant can demonstrate that all of the
following criteria are met:
(1) The individual characteristics of the use at that location requires more parking than is generally
required for a use of this type and intensity;
(2) The need for additional parking cannot be reasonably met through provision of on-street parking
or shared parking with adjacent or nearby uses; and
(3) The site plan shall indicate how the additional parking can be redeveloped to more intensive
transit-supportive use in the future.
e. Reduction in required bicycle parking. The Director may approve a reduction of required bicycle
parking per Section 18.765.050E by means of Type II procedure, as governed by Section
18.390.040, if the applicant can demonstrate that the proposed use by its nature would be
reasonably anticipated to generate a lesser need for bicycle parking.
f. Use of alternative parking garage layout. By means of a Type II procedure, as governed by Section
18.390.040, the Director may approve an alternative design of parking garage which differs from the
dimensional standards contained in Figure 18.765.2 when it can be shown that 1) the proposed
structure meets design guidelines of the Urban Land Institute's (ULI) Dimension of Parking, Current
Edition (199X); or 2) a similar structure functions efficiently using proposed modified layout,
circulation and dimensions.
g. Reduction in length of stacking lane. By means of a Type I procedure, as governed by 18.390.030,
the Director may allow a reduction in the amount of vehicle stacking area required in 18.765.040 D2
if such a reduction is deemed appropriate after analysis of the size and location of the development,
limited services available and other pertinent factors.
8. Adjustments to sign code (Chapter 18.780).
a. By means of a Type II procedure, as governed by 18.390.040, the Director shall approve, approve
with conditions, or deny a request for an adjustment to the sign code based on findings that at least
one of the following criteria are satisfied:
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 8
Exhibit A
(1) The proposed adjustment to the height limits in the sign code is necessary to make the sign
visible from the street because of the topography of the site, and/or a conforming building or
sign on an adjacent property would limit the view of a sign erected on the site in conformance
with Chapter 18.780, Signs;
(2) A second freestanding sign is necessary to adequately identify a second entrance to a business
or premises that is oriented towards a different street frontage;
(3) Up to an additional 25% of sign area or height may be permitted when it is determined that the
increase will not deter from the purpose of Chapter 18.780, Signs. This increase should be
judged according to specific needs and circumstances which necessitate additional area to
make the sign sufficiently legible. The increase(s) shall not conflict with any other
non-dimensional standards or restrictions of this chapter;
(4) The proposed sign is consistent with the criteria set forth in Subsection 18.780.130 G;
(5) The proposed exception for a second freestanding sign on an interior lot which is zoned
commercial or industrial is appropriate because all of the following apply:
(a) The combined height of both signs shall not exceed 150% of the sign height normally
allowed for one freestanding sign in the same zoning district; however, neither shall exceed
the height normally allowed in the same zoning district;
(b) Neither sign will pose a vision clearance problem or will project into the public right-of-way;
and
(c) Total combined sign area for both signs shall not exceed 150% of what is normally allowed
for one freestanding sign in the same zoning district; however, neither shall exceed the
height normally allowed in the same zoning district.
b. In addition to the criteria in Subsection a above, the Director shall review all of the existing or
proposed signage for the development and its relationship to the intent and purpose of Chapter
18.780, Signs. As a condition of approval of the adjustment, the Director may require:
(1) Removal or alteration of nonconforming signs to achieve compliance with the standards
contained in Chapter 18.780, Signs;
(2) Removal or alteration of conforming signs to establish a consistent sign design throughout the
development; and
(3) Application for sign permits for signs erected without permits or removal of such illegal signs.
9. Adjustments to setbacks to reduce tree removal (Chapter 18.790). By means of a Type I procedure, as
governed by Section 18.390.030, the Director may grant a modification from applicable setback
requirements of this Code for the purpose of preserving a tree or trees on the site of proposed
development. Such modification may reduce the required setback by up to 50%, but shall not be more
than is necessary for the preservation of trees on the site. The setback modification described in this
section shall supersede any special setback requirements or exceptions set out elsewhere in this title,
including but not limited to Chapter 18.730, except Section 18.730.040.
10. Adjustments to wireless communication facilities (Chapter 18.798).
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 9
Exhibit A
a. By means of a Type II procedure, as governed by 18.390.040, the Director shall approve, approve
with conditions, or deny a request for an adjustment to the requirement that a wireless
communication tower be set back at least the height of the tower from any off-site residence based
on findings that at the following criteria are satisfied:
(1) The proposed location of the tower complies with the setback requirements for the underlying
zone in which the property is located;
(2) A structural engineer certifies that the tower is designed to collapse within itself;
(3) Because of topography, vegetation, building orientation and/or other factor, a site closer to an
off-site residence will equally or better reduce the visual impacts associated with the tower upon
the off-site residence.
b. By means of a Type I procedure, as governed by 18.390.030, the Director shall approve, approve
with conditions, or deny a request for an adjustment to the requirement that a wireless
communication tower be located 2,000 feet from another tower in a residential zone or 500 feet
from another tower in a non-residential zone based on findings that the following criteria are
satisfied:
(1) The applicant has fully complied with the collocation protocol as provided in 18.797.080; and
(2) A registered radio engineer certifies that a more distant location is not technically feasible and/or
sites at a more appropriate location are not available; or
(3) A location closer than the required separation will reduce visual or other impacts on surrounding
uses better than sites beyond the required separation.
11. Adjustments for street improvement requirements (Chapter 18.810). By means of a Type II procedure,
as governed by 18.390.040, the Director shall approve, approve with conditions, or deny a request for
an adjustment to the street improvement requirements, based on findings that the following criterion is
satisfied: Strict application of the standards will result in an unacceptably adverse impact on existing
development, on the proposed development, or on natural features such as wetlands, steep slopes or
existing mature trees. In approving an adjustment to the standards, the Director shall determine that
the potential adverse impacts exceed the public benefits of strict application of the standards.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 10
Exhibit A
Chapter 18.520
COMMERCIAL ZONING DISTRICTS
Sections:
18.520.010 Purpose
18.520.020 List of Zoning Districts
18.520.030 Uses
18.520.040 Development Standards
18.520.050 Special Limitations on Uses
18.520.060 Additional Development and Design Guidelines
18.520.010 Purpose
A Provide range of commercial services for City residents. One of the major purposes of the regulations
governing development in commercial zoning districts is to ensure that a full range of retail and office uses
are available throughout the City so that residents can fulfill all or most of their needs within easy driving
and, ideally within easy walking and/or biking distance of their homes. The location of land within each
commercial district must be carefully selected and design and development standards created to minimize
the potential adverse impacts of commercial activity on established residential areas. At the same time, it
is important to create more opportunities for mixed use, including residential, commercial and institutional
activities, in new and re-developing commercial areas.
B. Facilitate economic goals. Another purpose of these regulations is to ensure that there is a full range of
economic activities and job opportunities within the City limits, in compliance with the economic goals of the
City of Tigard Comprehensive Plan.
18.520.020 List of Zoning Districts
A C-N: Neighborhood Commercial District. The C-N zoning district is designed to provide convenience
goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience
goods and services are those which are purchased frequently, i.e., at least weekly; for which comparison
buying is not required; and which can be sustained in a limited trade area. Such uses include convenience
markets, personal services and repair shops. A limited number of other uses, including but not limited to
restaurants, gas stations, medical centers, religious institutions, transit-related park-and-ride lots and
facilities with drive-up windows, are permitted conditionally.
B. C-C: Community Commercial District. The C-C zoning district is designed to provide convenience
shopping facilities which meet the regular needs of nearby residential neighborhoods. With a service area
of about 1.5 miles, such commercial centers typically range in size from 30,000 - 100,000 gross square feet
on sites ranging from 2 - 8 acres. Separated from other commercially-zoned areas by at least one-half
mile, community commercial centers are intended to serve several residential neighborhoods, ideally at
the intersection of two or more major collector streets or at the intersection of an arterial and collector
street. Housing is permitted on or above the second floor of commercial structures at a density not to
exceed 12 units/net acre, e.g., the maximum density permitted in the R-12 zone. A limited number of other
uses, including but not limited to car washes, gas stations, religious institutions, and transit-related park-
and-ride lots, are permitted conditionally. In addition to mandatory site development review, design and
development standards in the C-C zone have been adopted to insure that developments will be well-
integrated, attractively landscaped, and pedestrian-friendly.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 11
Exhibit A
C. C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of
retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming,
residential uses are limited to single-family residences which are located on the same site as a permitted
use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair
and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline
stations, are permitted conditionally.
D. C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to
accommodate civic and business/professional services and compatible support services, e.g., convenience
retail and personal services, restaurants, in close proximity to residential areas and major transportation
facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density
of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are permitted in conjunction with a
commercial development. Heliports, medical centers, religious institutions and utilities are permitted
conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential
areas and more-intensive commercial and industrial areas.
E. CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central
business district, centered on the City's historic downtown, including a mix of civic, retail and office uses.
Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning
district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning
district, are permitted outright. A wide range of uses, including but not limited to adult entertainment,
utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations,
are permitted conditionally.
F. MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land
within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy.
99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods
and services, business/professional offices, civic uses and housing; the latter includes multi-family housing
at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. A wide range of uses,
including but not limited to community recreation facilities, religious institutions, medical centers, schools,
utilities and transit-related park-and-ride lots, are permitted conditionally. Although it is recognized that the
automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to 1)
support alternative modes of transportation to the greatest extent possible; and 2) encourage a mix of uses
to facilitate intra-district pedestrian and transit trips even for those who drive. The zone may be applied
elsewhere in the City through the legislative process.
G. (MUE-1 and MUE-2): Mixed Use Employment Districts. The MUE 1 and 2 zoning district is
esianed to apply to areas where employment uses such as office, research and development
and light manufacturing are concentrated. Commercial and retail support uses are allowed but
are limited, and residential uses are permitted which are compatible with employment character of
the area. Lincoln Center is an example of an area designated MUE-1, the high density mixed use
employment district. The Nimbus area is an example of an area designated MUE-2 requiring
more moderate densities.
H. MUC : Mixed Use Commercial District. The MUC zoning district includes land around the
Washington Square Mall and land immediately west of Highway 217. Primary uses permitted
include office buildings, retail, and service uses. Also permitted are mixed-use developments and
housing at densities of 50 units per acre. Larger buildings are encouraged in this area with
parking under, behind or to the sides of buildings.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 12
Exhibit A
I. MUC-1: Mixed Use Commercial — 1. The MUC-1 zoning district, which is designed to apply to that portion
of the Durham Quarry site within the City of Tigard, is a mixed-use commercial district bounded by 72nd
Avenue, Findlay Street and the Tigard, Tualatin and Durham city limits. This site is the subject of an
intergovernmental agreement between the cities of Tigard and Tualatin. Pursuant to that agreement the
City of Tualatin shall furnish all planning, building and associated development review/permit services for
the property. This zoning district is intended to mirror the City of Tualatin's Mixed Use Commercial Overlay
District (TDC, Chapter 57). It permits a wide range of uses including commercial lodging, general retail,
offices and housing; the latter includes multi-family housing at a minimum density of 25 units/acre and a
maximum of 50 units/acre. Additional uses, including but not limited to major event entertainment and
motor vehicle retail fuel sales, are permitted conditionally. In addition to the standards of this chapter,
development within this zone is subject to the standards of 18.640.
J. (MUR): Mixed Use Residential Districts. The MUR zonina district is desianed to cooly to
predominantly residential areas where mixed-uses are permitted when compatible with the
residential use. A high density (MUR-1) and moderate density (MUR-2) designation is available
within the MUR zonina district.
18.530.030 Uses
A. Types of uses. For the purposes of this chapter, there are four kinds of use:
1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of
this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the
provisions of Chapter 18.130.03 ;
2. A restricted (R) use is permitted outright providing it is in compliance with special requirements,
exceptions or restrictions;
3. A conditional use (C) is a use the approval of which is at the discretion of the Hearings Officer. The
approval process and criteria are set forth in Chapters 18.=. If a use is not listed as a conditional
use, it may be held to be a similar unlisted use under the provisions of Chapter 18.13003 ;
4. A prohibited (N) use is one which is not permitted in a zoning district under any circumstances.
B. Use table. A list of permitted, limited, conditional and prohibited uses in Commercial zones is presented in
Table 18.520.1.
C. Accessory structures.
1. Accessory structures are permitted in all commercial zones providing the site is still in compliance with
all development standards, including but not limited to setbacks, height, lot coverage and landscaping
requirements, of the base zone. All accessory structures shall comply with all requirements of the
Uniform Building Code. All accessory structures except those less than 120 square feet in size require
a building permit.
2. All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes,
except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798), shall have
setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb
fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping and
Screening, shall be provided and maintained around these structures and accessory attachments.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 13
Exhibit A
TABLE 18.520.1
USE TABLE: COMMERCIAL ZONES
USE CATEGORY C-N C-C C-G C-P CBD MUE zu MUC-1 MUC28 MUE MUR
1 and 228 1 and 228
RESIDENTIAL
Household Living N R R R R R P 26P P P
Group Living N N C N P N C P/C P/c Fr/_C_
Transitional Housing N N C N C N C C C C
Home Occupation R R R R R R P R R R
HOUSING TYPES
Single Units, Attached N/A N/A N/A N/A N/A N/A N/A Fff R 30 P
Singel Units, detached N/A N/A N/A N/A N/A N/A N/A Fev R 30 Rou
Accessory Units N/A N/A N/A N/A N/A N/A N/A R 1 R 31R
Duplexes N/A N/A N/A N/A N/A N/A N/A Fev R P
Multi-family Units N/A N/A N/A N/A N/A N/A N/A P P P
Manufactured Units N/A N/A N/A N/A N/A N/A N/A N N N
Mobile Home Parks, Subdivisions N/A N/A N/A N/A N/A N/A N/A N N N
CIVIC INSTITUTIONAL
Basic Utilities C N N C C C C C 32 C 32 C 32
Colleges N N N N N C C C C C
Community Recreation N P N N P C N P C C
Cultural Institutions P P P P P P P P P N
Day Care P P P P P P P P P P/C
Emergency Services P P P P P P P P P N
Medical Centers C N C C C C C C C C
Postal Service P P P P P P P P P N
Public Support Facilities P P P P P P P P P P
Religious Institutions C C P C P P C P P C
Schools N N N N N C C C C C
Social/Fraternal Clubs/Lodges C C P P P P P P P C
COMMERCIAL
Commercial Lodging N N P R P P P P P N
Eating and Drinking Establishments C P P R P P P P P R
Entertainment-Oriented
- Major Event Entertainment N N C N C N C C N N
- Outdoor Entertainment N N P R15 P N N C N N
- Indoor Entertainment P P P P P P P P P N
- Adult Entertainment N N C N C N N C N N
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 14
Exhibit A
General Retail
- Sales-Oriented P P7 P R16 P R22 Res P R� R34/35
- Personal Services P P P P P R22 R25 P R22 R34/35
- Repair-Oriented P P P N P R22 R25 R22 R22 N
- Bulk Sales N N P N N R22 R25 R22 R22 N
- Outdoor Sales N N P N N N N N N N
- Animal-Related N N N N N P P N N N
Motor Vehicle Related
- Motor Vehicle Sales/Rental N N P/C 12 N C N N Rea R24 N
- Motor Vehicle Servicing/Repair N C8 P/C 12 N R18 R22 R25 N N N
- Vehicle Fuel Sales C C C N C N C C C N
Office P R P P P P P P P W4100
Self-Service Storage N N C N N N N N N N
Non-Accessory Parking C C P P P P P P P N
INDUSTRIAL
Industrial Services N N N N N N N N N N
Manufacturing and Production
- Light Industrial N N N N N R23 N N R23 N
- General Industrial N N N N N N N N N N
- Heavy Industrial N N N N N N N N N N
Railroad Yards N N N N N N N N N N
Research and Development N N N N N R _T'_N Rza N
Warehouse/Freight Movement N N N N N R N N R40144 N
Waste-Related N N N N N N N N N N
Wholesale Sales N N N N C N N N R40144 N
OTHER
Agriculture/Horticulture N N N N N N N
Cemeteries N N N N N N N
Detention Facilities N N C N C N N
Heliports N N C C C N N
Mining N N N N N N N
Wireless Communication Facilities P/R P/R P/R P/R P/R P/R P/R
Rail Lines/Utility Corridors P P P P P P P
Other C cluNA NA C NA NA
P=Permitted R=Restricted C=Conditional Use N=Not Permitted
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 15
EXHIBIT A
'All permitted and conditional uses subject to special development standards contained in
18.520.050A.
2Permitted subject to requirements Chapter 18.742.
3See Chapter 18.798 Wireless Communication Facilities, requirements for permitted and
restricted facilities.
4Uses operating before 7:00 AM and/or after 10:00 PM are conditional uses.
5AI1 permitted, limited and conditional uses must meet special development standards in
18.520.050B.
6Residential units permitted by right, as a mixed use in conjunction with a commercial
development, on or above the second floor of the structure, at densities not to exceed 12
units/net acre.
7Limited to 10,000 gross square feet in size, except retail food and beverage outlets, which are
limited to 40,000 gross square feet or less.
"Limited to motor vehicle cleaning only.
9When combined in single structure, each separate establishment shall not exceed 5,000 gross
square feet.
10Uses operating before 6:00 AM and/or after 11:00 PM; or drive-up windows are conditional
uses.
"A single-family unit providing that it is located on the same site with a permitted or conditional
use in and is occupied exclusively by a caretaker or superintendent of the permitted or
conditional use. Multi-family housing is permitted as part of a PD, subject to Chapter 18.350.
12 Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales
and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and
boats permitted conditionally.
13 Multi-family residential units, developed at R-40 standards, as a mixed-use in conjunction with
commercial development on or above the second floor of the structure, only in the C-P District
within the Tigard Triangle and Bull Mountain Road district.
14 Restaurant permitted with restriction in size in conjunction with and on the same parcel as a
commercial lodging use.
15As accessory to offices or other permitted uses, the total space devoted to a combination of
retail sales and eating/drinking establishments may not exceed more than 20% of the entire
square footage within the development complex.
16 May not exceed 10% of the total square footage within an office complex.
17Single-family attached and multi-family residential units, developed at R-40 standards, except
the area bounded by Fanno Creek, Hall Boulevard, O'Mara, Ash Avenue and Hill Street, within
which property zoned for CBD development which shall be designated R-12 PD and shall be
developed as planned developments in conformance with the R-12 District standards.
"'Motor vehicle cleaning only.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 16
Exhibit A
19Drive-up windows permitted conditionally.
20AII permitted and conditional uses subject to special development standards contained in
18.520.050C.
21 Multi-family residential, at 25 units/gross acre, allowed outright. Pre-existing detached single-
family dwellings are permitted outright.
22 Npm Retail and sales uses may not exceed 60,000 gross leasable area per building within the
Washington Square Regional Center or Tigard Triangle, except for those areas zoned C-G at
the time the MUE zoning district was adopted On e Tigard Triangle.
23AII activities associated with this use, except employee and customer parking, shall be
contained within buildings.
24 Permitted as accessory to a permitted use as long as this use is contained within the same
building as the permitted use, and does not exceed the floor area of the permitted use.
25 Permitted provided the use is no larger than 60,000 square feet of gross floor area per building
or business.
26 Household living limited to single units, attached, and multi-family including but not limited to
apartments, attached condominiums, townhouses and rowhouses at a minimum density of 25
dwelling units per acre and a maximum density of 50 dwelling units per acre.
27Wireless only as attached to structure within height limit—see Chapter 18.798
28AII Permitted and Conditional Uses subject to special development standards contained in
18.630
29Group living with five or fewer residents permitted by right; group living with six or more
residents permitted as conditional use.
30 Pre-existing housing units permitted. Conversion of pre-existing housing units to other uses is
subject to the requirements of Chapter 18.630
31 Permitted for pre-existing housing units, subject to requirements Chapter 18.710.
32Except water, storm and sanitary sewers, which are allowed by right.
33 In-home day care which meets all state requirements permitted by right; freestanding day care
centers which meet all state requirements permitted conditionally.
`This use is allowed only in mixed-use developments in the Washington Square Regional
Center. Commercial uses shall occupy no more than 50% of the total floor area within the
mixed-use development, and shall be permitted only when minimum residential densities are
met.
35The maximum building footprint size permitted for any building occupied entirely by a
commercial use or uses shall be 7,500 square feet.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 17
Exhibit A
18.520.040 Development Standards
A. Compliance required. All development must comply with:
1. All of the applicable development standards contained in the underlying zoning district,
except where the applicant has obtained variances or adjustments in accordance with
Chapters18.370.
2. All other applicable standards and requirements contained in this title.
B. Development standards. Development standards in commercial zoning districts are
contained in Table 18.520.2 below:
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 18
EXHIBIT A
TABLE 18.520.2
COMMERCIAL DEVELOPMENT STANDARDS
CBD MUE
RESIDENTIAL R-25
STANDARD C-N C-C 9 C-G C-P CBD R-40 R-12 C-G MF DU* MUC-1 MUC MUE 1 MUE 2 MUR 1 MUR2
[17][181 [17][181 [17][181 [17][181 [17][181
Minimum Lot Size 5,000 sq ft 5,000 sq ft None 6,000 sq ft None None None None - None None None None None None
Detached unit - - - 1,480 sq ft
Boarding,lodging,rooming house - - - - 6,100 sq ft
Minimum Lot Width 50 ft 50 ft 50 ft 50 ft None None None 50 ft None None None None None None None
Minimum Setbacks
Front yard 20 ft 0/20 ft[101 0 ft[11] 0 ft[11] 0/30 ft[121 20 ft 20 ft 0 ft 20 ft See 0'['9] 0'[21] 0'[21] 0'[21] 10'[21]
Side facing street on corner& 20 ft - - - 0/30 ft[121 20 ft 20 ft - 20 ft 18.640. 0'[19] 0'[21] 0'[21] 5'[21] 10'[21]
through lots 111 050(B)
Side yard 0/20 ft[8] 0/20 ft[8] 0/20 ft[8] 0/20 ft[8] 0/30 ft[121 10 ft[14] 10 ft[141 0/20 ft[8] 10 ft - 0'[19][20] 0,[20] 0,[20] 0,[20] 0,[20]
Side or rear yard abutting more - - - - - 30 ft - - -
restrictive zoning district
Rear yard 0/20 ft[8] 0/20 ft[8] 0/20 ft[8] 0/20 ft[87 0/30 ft 1121 20 ft 1141 20 ft 1141 0/20 ft[87 20 ft 0'[19][20] 0'[20] 0'[20] 0'[20][22] 0'[20][22]
Distance between front of garage& - - - - 20 ft 20 ft - 20 ft N/A N/A N/A N/A N/A
property line abutting a public or
private street.
Minimum building height N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 2 stories 2 stories None 2 stories None
Maximum height 35 ft 35 ft 45 ft 45 ft 80 ft["1 60 ft 60 ft 45 ft 45 ft 70 ft 200' 200' 60' 75' 45'
Maximum Site Coverage[21 85% 80% 85% 85% 85% 80% 80% 85% 80%[161 90% 85% 85% 85% 80% 80%
Minimum Landscape Requirement 15% 20% 15% 15% 15% 20% 20%[15] 15% 20% 10% 15% 15% 15% 20% 20%
Minimum FAR N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 1.25 1.25 1 0.6 0.6 0.3
Minimum Residential Density N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 50 50 25 50 25
unit/acre unit/acre unit/acre unit/acre unit/acr
e
Maximum Residential Density N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A None None 50 None 50
1=[77 unit/acre unit/acr
e
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 19
EXHIBIT A
[1] The provisions of Chapter 18.795 (Vision Clearance) must be satisfied.
[2] Includes all buildings and impervious surfaces.
[3] Applies to all non-residential building development and mixed use development which includes a
residential component. In mixed use development,residential floor area is included in the calculations of
floor area ratio to determine conformance with minimum FAR.
[4] Notwithstanding the requirements of 18.715.020, minimum and maximum density shall be determined
for residential only projects using the number of residential units per acre shown in the above table. The
provisions for density transfer described in 18.715.030.13 apply,using the minimum and maximum
density shown in the above table. Any mixed-use or commercial only development does not have a
minimum density requirement.
[5] For purposes of determining floor area ratio and residential densities,the net development area shall
be uses to establish the lot area, determined per Section 18.715.020.A
61 Adjustments to minimum density in the Washington Square Regional center area subject to the
standards set forth in 18.630.020.E
[7] The maximum density requirements for developments that include or abut designated Water
Resources Overlay district Riparian setbacks per 18.797 are described in 18.630.020.D
[8] No setback shall be required except 20 feet shall be required where the zone abuts a
residential zoning district.
[9] See Section 18.520.050B for site and building design standards.
[10] No front yard setback shall be required, except a 20 foot front yard setback shall apply
within 50 feet of a residential district.
[I I] There shall be no minimum front yard setback requirement; however, conditions in Chapters 18.745
and 18.795 must be met.
[12] There are no setback requirements, except 30 feet where a commercial use within a district
abuts a residential zoningdistrict.
[J31 The maximum heighof any building in the CBD zone within 100 feet of any residential
zoning district shall not exceed 40 feet.
L] Where the side or rear yard of attached or multiple-family dwellings abut a more restrictive
zoning district, such setbacks shall not be less than 35 feet.
[15] Landscaped areas on existing developed property in the CBD shall be retained. Buffering
and screening requirements set forth in Chapter 18.745 shall be met for existing and new
development.
[JL] Lot coverage includes all buildings and impervious surfaces.
[17 Modifications to dimensional and minimum density requirements for developments tha
ude or abut designated Water Resources Overlay District Riparian setbacks per Sectio
18.797 are described in Section 18.630.040(8.
[18] The requirements contained in the Buffer Matrices in Tables 18.745.1 and 18.745.2 shall be
used in calculating widths of buffering/screening and required improvement s to be installed
between proposed uses in the MUC, MUE and MUR zones within the Washington Square
Regional Center (WSRC) and abutting zoning districts not included within the WSRC, or zoning
districts within the WSRC which are not mixed-use. For MUC and MUE zones, the
requirements for Commercial Zones apply. For MUR zones, the requirements for the
Neighborhood Commercial Zone apply.
[19] For Commercial and Mixed-use developments, the maximum front and street side yard
setback is 10 feet. For Residential only developments, the maximum front and street side yard
setback is 20 feet
[20] Side and rear yard setbacks shall be 20' when the zone abuts residential districts shown in
18.510.020 except R-25 and R-40.
[21] The maximum setback is 20 feet
[22] The maximum setback is 10 feet
*Multiple-family dwelling unit
C-N-Neighborhood Commercial District MUC1 —Mixed Use Commercial
C-C-Community Commercial District MUC—Mixed Use Commercial
C-G-General Commercial District MUE 1—Mixed Use Employment/high density
C-P-Professional/Administrative Office Commercial MUE 2—Mixed Use Employment/medium density
CBD-Central Business District MUR 1—Mixed Use Residential/high density
MUR 2—Mixed Use Residential/medium density
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 20
Exhibit A
18.520.050 Special Limitations on Uses
A. In the C-N zone. Special limitations in the C-N zoning district are as follows:
1. The use shall be conducted wholly within an enclosed structure, except as allowed in
Section 3 below;
2. No use shall have a gross floor area greater than 4,000 square feet;
3. Accessory open-air sales, display and/or storage shall be permitted for horticultural and
food merchandise only and shall constitute no more than 5% of the gross building floor
area of any individual establishment; and
4. Uses operating before 7:00 AM and after 10:00 PM shall be subject to the conditional
use provisions, as governed in Chapter 18.330.
B. In the C-C zone. Special limitations in the C-C zoning district are as follows:
1. Such centers shall be developed preferably as a single unit and occupy only one
quadrant of the intersection at which it is located;
2. The use shall be conducted wholly within an enclosed structure, except for outside play
areas for children's day care facilities, and as allowed in Sections 3 and 4 below;
3. No use shall have a gross floor area greater than 5,000 square feet except for the retail
sales of food and beverages, when the maximum floor area shall not exceed 40,000
gross square feet, and all other sales-oriented retail, where the maximum floor area shall
not exceed 10,000 gross square feet;
4. Accessory open-air sales, display and/or storage shall be permitted for horticultural and
food merchandising uses only shall constitute no more than 5% of the gross building
floor area of any individual establishment;
5. Accessory open-air dining or drinking areas shall be permitted for approved eating and
drinking establishments or retail food stores only. Outside dining areas are not permitted
within 200 feet of any developed residential area. Public or private sidewalk areas
around dining areas may not be reduced to less than five feet of clear walkway; and
6. Uses operating before 6:00 AM and/or after 11:00 PM and drive-up windows are subject
to conditional use provisions, as governed by Section 18.330.
C. In the MUE zone. Special limitations in the MUE zoning district are as follows:
1. The maximum floor area ratio (FAR) for all commercial and industrial use types and
mixed-use developments shall not exceed 0.40. Residential use types, including
transient lodging, shall not be subject to this requirement;
2. On lots greater than three acres, general retail sales uses are limited to 30,000 square
feet of gross leasable area plus one additional square foot of gross leasable area of
general retail sales use for each additional four square feet of non-general retail sales
use.
D. In the MUC-1 zone. In addition to the standards of this Chapter, development in the MUC-1
zone is subject to Chapter 18.640 and an Intergovernmental Agreement between the cities
of Tigard and Tualatin.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 21
Exhibit A
E. In the MUC. MUE-1, MUE-2. MUR-1 and MUR-2 zones within the Wash inaton Sauare
eaional Center, the standards of Chanter 18.630 shall also cooly.
18.520.060 Additional Development and Design Guidelines
C. Washinaton Sauare Regional Center
See Section 18.630 for additional development and Design Guidelines
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 22
Exhibit A
CHAPTER 18.630
WASHINGTON SQUARE REGIONAL CENTER DESIGN STANDARDS
Sections:
18.630.010 Purpose and Applicability
18.630.020 Development Standards
18.630.030 Pre-existing Uses
18.630.040 Street Connectivity
18.630.050 Site Design Standards
18.630.060 Building Design Standards
18.630.070 Signs
18.630.080 Entry Portals
18.630.090 Landscaping and Screening
18.630.100 Street and Accessway Standards
18.630.110 Design Evaluation
18.630.010 Purpose and Applicability
A. Purpose
1. This Chapter will implement the vision, concepts and principles contained in the
Washington Square Regional Center Plan,and the recommendations contained in the
Phase H Implementation Plan Summary Report prepared by a Task Force appointed by
the City of Tigard.
2. Metro's Regional Urban Growth Management Functional Plan target growth capacity for
the Washington Square Regional Center will be met by permitting mixed use
development within the Regional Center at densities appropriate for an urban center.
3. A mixed use Regional Center will contain a variety of districts that vary in scale,
predominant use, and character. Distinct districts, connected to each other and to the rest
of the region by a multi-modal transportation system,will provide a range of working,
living and shopping opportunities.
4. Improved multi-modal transportation links, higher densities,variety of land uses, and
enhanced environmental qualities will all contribute to create a desirable, livable
community in the face of dramatic population and employment growth.
5. New mixed-use zoning districts, along with existing residential zoning districts in
established areas, are appropriate for the Regional Center.
B. Design principles. Design standards for public street improvements and for new development
and renovation projects have been prepared for the Washington Square Regional Center. These
design standards address several important guiding principals adopted for the Washington Square
Regional Center, including creating a high-quality mixed use area,providing a convenient
pedestrian and bikeway system, and utilizing streetscape to create a high quality image for the
area.
C. Development conformance. All new developments, including remodeling and renovation
projects resulting in new non single family residential uses, are expected to contribute to the
character and quality of the area. In addition to meeting the design standards described below
and other development standards required by the Development and Building Codes,
developments will be required to dedicate and improve public streets, connect to public facilities
such as sanitary sewer,water and storm drainage, and participate in funding future transportation
and public improvement projects necessary within the Washington Square Regional Center.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 23
Exhibit A
D. Permitted and Conditional Uses. Permitted and Conditional uses are those uses permitted
outright,with restrictions, or conditionally within the MUC, MUE 1, MUE 2, MUR 1 or MUR2
zones pursuant to 18.520.030.
E. Conflicting standards. The following design standards apply to all development located within
the Washington Square Regional Center within the MUC,MUE and MUR zones. If a standard
found in this section conflicts with another standard in the Development Code, standards in this
section shall govern.
18.630.020 Development Standards
A. Compliance Required All development must comply with:
1. All applicable development standards contained in the underlying zoning district, except
where the applicant has obtained variances or adjustments in accordance with Chapters
18.370, and Sub-Sections C throu E of this Section;
2. All other applicable standards and requirements contained in this title.
B. Development Standards. Development standards which apply within mixed-use zones in the
Washington Square Regional Center are contained in Table 18.520.2. Existing developments
which do not meet the standards specified for a particular district may continue in existence and
be altered subject to the provisions of Section 18.630.030.
C. Phasing of Development Standards. Projects may use the Site Development Review process
(Chapter 18.360)to develop a site by phasing compliance with the development standards
established in this Chapter. Such projects must demonstrate how future development of the site,
to the minimum development standards established in this Chapter or greater, can be achieved at
ultimate build out of the site. The Planning Director may waive or modify the approval period
(Section 18.360.030 C) and phased development time schedule(Section 18.360.030 E.1) for
projects approved under this section. If a time period greater than that specified in 18.360.030.0
is necessary,it must be requested at the time of original application with a detailed time line for
completion.
D. Density Requirements for Developments Including or Abutting Riparian Setback.
Notwithstanding the density requirements in Table 18.520.2, the maximum residential density
and mixed-use and non-residential floor area ratio for developments that include or abut Riparian
Setbacks shall be no greater than 110 percent of the minimum residential density and floor area
ratios in all Mixed Use Zones, except when the following are met:
1. Wetlands within the development are expanded or enhanced in conformance with the
Oregon Division of State Lands Wetlands Restoration and Enhancement Program, and if
applicable
2. Fish Habitat within the development is enhanced in conformance with the Oregon
Division of State Lands Fish Habitat Enhancement Program, and if applicable
3. The overall flood storage capacity of the 100-year floodplain within the development is
increased by 10 percent.
If the enhancements described above are approved, or if enhancements are already in existence,
the maximum residential density standards shown in Table 18.520 and no maximum floor area
ratio standards for mixed use and non-residential developments shall apply.
E. Adjustments to Density ReQuoremel2s in the Washington Square Regional Center. The
density requirements shown in table 18.52,2 are designed to implement the goals and
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 24
Exhibit A
policies of the Comprehensive Plan. These requirements apply throughout the
Washinijton Square Regional Center zoning districts, but the City recognizes that some
sites are difficult to develop or redevelop in compliance with these requirements. The
adjustment process provides a mechanism by which the minimum density requirements
may be reduced by up to twenty five percent (25%) of the original requirement if the
proposed development continues to meet the intended purpose of the requirement and
findings are made that all approval criteria are met. Adjustment reviews provide
flexibility for unusual situations and allow for alternative ways to meet the purpose of the
code.
1. Approval Criteria. Adjustment requests will be approved if the review body finds
that the applicant has shown that approval criteria 1 through 4 below, are met.
a. Granting the adjustment will equally or better meet the purpose of the
regulation to be modified; and
b. The proposal will be consistent with the desired character of the area; and
C. If more than one adjustment is being requested, the cumulative effect of
the adjustments results in a project which is still consistent with the
overall purpose of the zone;
d. Any impacts resulting from the adjustment are mitigated to the maximum
extent possible.
2. Procedure. Requests for an adjustment are processed as a Type I application,
along with the development proposal for which the application has been filed.
3. Ineligible regulations. Adjustments are prohibited for the following items:
a. To allow a primary or accessory use that is not allowed by the
regulations;
b. As an exception to any restrictions on uses or development which contain
the words "prohibited" or"not allowed";
C. As an exception to a qualifying situation for a regulation, such as zones
allowed or items being limited to new development.
d. As an exception to a definition or classification
e. As an exception to the procedural steps of a procedure or to change
assigned procedures.
F. Modifications to Dimensional and Minimum Density Requirements for Developments That
Include or Abut Designated Water Resources Overlay District Riparian Setbacks.
Notwithstanding the dimensional and minimum density requirements in Table 18.520.2, the
minimum and maximum dimensional requirements and the minimum residential density and
mixed-use and non-residential floor area ratio for developments that include or abut Riparian
Setbacks shall be subject to modification when modification is necessary to assure that
environmental impacts are minimized Modification reviews provide flexibility for unusual
situations and allow for alternative ways to meet the purpose of the code, while assuring
potential environmental impacts are minimized
1. Approval Criteria. Modification requests will be approved if the review body finds that
the applicant has shown that approval criteria a through d below, are met
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 25
Exhibit A
a. Evidence is provided that the modification(s) are necessary in order to secure
approval under any of the following applicable regulations: federal
Endangered Species Act, National Pollutant Discharge Elimination System
Permit,Section 404 or 401 of the federal Clean Water Act, and Oregon
Removal-Fill Law; and
b. The proposal will be consistent with the desired character of the area as
specified in the Plan;and
C. If more than one modification is being requested, the cumulative effect of the
modifications results in a project that is still consistent with the overall purpose
of the zone;
d. The modification(s)proposed are the minimum required to grant the applicable
permit(s)listed in criteria a.
2. Procedure. Requests for a modification are processed as a Type II procedure along
with the developmentproposal for which the application has been filed.
3. Eligible regulations. Modifications are only available for the dimensional
requirements and minimum density requirements shown on Table 18.520.2 and do not
circumvent or supercede any local, regional, state or federal requirements in regards to
natural resources.
18.630.030 Pre-Existing Uses and Developments within the Washington Square Regional
CenterMixed Use Districts
A. Applicability. Pre-existing housing units in mixed use districts are permitted. Conversion of
pre-existing housing units to other uses is subject to the requirements of this Chapter.
Notwithstanding the provisions of Section 18.760.040,uses prohibited and structures that would
be nonconforming in any of the Regional Center Mixed Use zoning districts that were lawfully in
existence at the time of adoption of the Regional Center Mixed Use districts are considered to be
approved uses and structures. However, future additions, expansions, or enlargements to such
uses or structures, shall be limited to the property area and use lawfully in existence at the time of
adoption of this ordinance (date).
1. An addition, expansion, or enlargement of such lawfully preexisting uses and structures
up to twenty(20%) of the gross floor area lawfully in existence at the time of adoption of
this ordinance will be allowed provided the applicant of such proposed addition,
expansion or enlargement demonstrates substantial compliance with all appropriate
development standards in this Code, or that the applicant demonstrates that the purposes
of applicable development standards are addressed to the extent that the proposed
addition, expansion or enlargement allows.
2. All additions, expansions, or enlargements of existing uses or structures that take place
after using the 20 percent addition, expansion, or enlargement exception shall be in
conformance with the development standards of this Code. Projects may use the Site
Development Review process (Chapter 18.360) to develop a site by phasing compliance
with the development standards established in this Chapter per Section 18.630.020.C.
3. If a pre-existing use is destroyed by fire, earthquake or other Act of God, then the use
will retain its pre-existing status under this provision so long as it is substantially
reestablished within three (3)years of the date of the loss. The reestablished use shall be
in conformance with the development standards of this Code. Projects may use the Site
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 26
Exhibit A
Development Review process (Chapter 18.360) to develop a site by phasing compliance
with the development standards established in this Chapter per Section 18.630.020.C.
18.630.040 Street Connectivity
A. Purnose: The standards provide a way for creating continuity and connectivity within the
Washington Square Regional Center. They provide incremental street and accesswav
development that is consistent with WSRC needs and regional and state planning principles for
connectivity. The primary objective is to create a balanced, connected transportation system that
distributes trips within the WSRC on a variety of streets.
B. Demonstration of standards. All development must demonstrate how one of the following
standard options will be met. Variance of these standards may be approved per the requirements
of Chapter 18.370.010 where topography, barriers such as railroads or freeways, or environmental
constraints such as major streams and rivers prevent street extensions and connections.
1. Design Option
a. Local street spacing shall provide public street connections at intervals of no
more than 530 feet.
b. Bike and pedestrian connections on public easements or right-of-way shall be
provided at intervals of no more that 330 feet.
2. Performance Option
a. Local street spacing shall occur at intervals of no less than eight street
intersections per mile.
b. The shortest vehic le trip over public streets from a major building entrance to a
collector or greater facility is no more than twice the straight-line distance.
C. The shortest pedestrian trip on public right-of-way from a major building
entrance to a collector or greater facility is no more than one and one-half the
straight-line distance.
18.630.050 Site Design Standards
A. Compliance. All development must meet the following site design standards. If a parcel is one
acre or larger a phased development plan May be approved demonstrating how these standards for
the overall parcel can be met. Variance to these standards may be granted if the criteria found in
Section 18.370.010 C2, governing criteria for granting a variance, is satisfied.
1. Building placement on Major and Minor Arterials
a. Purpose: Architecture helps define the character and quality of a street and can
make a strong statement about the overall community and City at large. The
placement and design of buildings provides the framework for the streetscape
and defines the edges of the public right-of-way. Architecture and ground floor
uses can activate the street, either by its design presence or by those who come
and go from it. At intersections, investing in building frontages can create
gateways and special places that add to the character of the area.
b. Standard: Buildings shall occupy a minimum of 50% of all street frontages
along Major and Minor Arterial Streets. Buildings shall be located at public
street intersections on Major and Minor Arterial Streets.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 27
Exhibit A
2. Building setback—
a. Puraose: Buildings and investment in architecture is most conspicuous when it
is visible from the street. The presence of buildings closely sited at the edge of
the right-of-way creates an envelope for the street and a sense of permanence.
b. Standard: The minimum and maximum building setback from public street
rights-of-way shall be in accordance with 18.520.2.
3. Front yard setback design—
a. Puraose: The front yard is the most conspicuous face of a building and
requires special attention. Places for people and pedestrian movement helps
create an active and safer street. Higher level of landscape anticipates a more
immediate visual result.
b. Standard: For setbacks greater than 0', landscaping, an arcade, or a hard-
surfaced expansion of the pedestrian path must be provided between a structure
and a public street or accessway. If a building abuts more than one street, the
required improvements shall be provided on all streets. Landscaping shall be
developed to an L-I standard on public streets and an L-2 standard on
accessways. Hard-surfaced areas shall be constructed with scored concrete or
modular paving materials. Benches and other street furnishings are
encouraged. These areas shall contribute to the minimum landscaping
requirement per Section 18.520.040B and Table 18.520.2.
4. Walkway connection to building entrances—
a. Puraose: As density increases and employee and resident populations increase
it is expected that more people will move between businesses within the
WSRC. Provisions should be made to encourage people to walk from business
to business, and housing to business rather than use automobiles.
b. Standard: A walkway connection is required between a building's entrance and
a public street or accessway. This walkway must be at least six feet wide and
be paved with scored concrete or modular paving materials. Building
entrances at a corner adiacent to a public street intersection are required. These
areas shall contribute to the minimum landscaping requirement per Section
18.520.040B,Table 18.520.2.
5. Parking location and landscape design—
a. Puraose: The emphasis on pedestrian access and a high quality streetscape
experience requires that private parking lots that abut public streets should not
be the predominant street feature. Where parking does abut public streets,high
quality landscaping should screen parking from adjacent pedestrian areas.
b. Standard: Parking for buildings or phases adjacent to public street rights-of-
way must be located to the side or rear of newly constructed buildings. When
buildings or phases are adjacent to more than one public street,primary
street(s) shall be identified by the Citv where this requirement applies. I_n
general, streets with hither functional classification will be identified as
primary streets unless specific design or access factors favor another street. If
located on the side,parking is limited to 50% of therip mary street frontage and
must be behind a landscaped area constructed to an L-I Landscape Standard.
The minimum depth of the L-I landscaped area is five feet or is equal to the
building setback,whichever is greater. Interior side and rear yards shall be
landscaped to a L-2 Landscape Standard, except where a side yard abuts a
public street,where it shall be landscaped to an L-I Landscape Standard.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 28
Exhibit A
18.630.060 Building Design Standards
All new buildings constructed in the MUC, MUE and MUR zones within the WSRC shall comply with
the following design standards. Variance to these standards may be granted if the criteria found in
Section 18.370.010 C2, criteria for granting a variance, is satisfied.
1. Ground floor windows—
a. Pumose: Blank walls along the street frontage tend to be neglected, and are not
pedestrian friendly. Windows help keep "eves on the street"which promotes safety
and security, and can help create a lively street frontage by displaying activities and
products within the building. Lighting at night from ground floor windows also adds
to the presence of activity and the sense that someone is home.
b. Standard: All street-facing elevations within the Building Setback(0 to 10 feet)
along public streets shall include a minimum of 50% of the ground floor wall area
with windows, display areas or doorway openings. The ground floor wall area shall
be measured from three feet above grade to nine feet above grade the entire width of
the street-facing elevation. The ground floor window requirement shall be met
within the ground floor wall area and for glass doorway openings to ground level.
Up to 50% of the ground floor window requirement may be met on an adjoining
elevation as long as the entire requirement is located at a building corner.
2. Building facades—
a. Pumose: Straight, continuous, unarticulated walls lack interest, character and
personality. The standard provides minimum criteria for creating a diverse and
interesting streetscape.
b. Standard: Facades that face a public street shall extend no more than 50 feet without
providing at least one of the following features: (a) a variation in building materials;
(b) a building off-set of at least 1 foot; (c) a wall area that is entirely separated from
other wall areas by a projection, such as an arcade; or(d)by another design features
that reflect the building's structural system. No building facade shall extend for more
than 300 feet without a pedestrian connection between or through the building.
3. Weather protection—
a. Pumose: Weather protection is encouraged to create a better year-round pedestrian
environment and to provide incentive for people to walk rather than drive.
b. Standard: Weather protection for pedestrians, such as awnings, canopies, and
arcades, shall be provided at building entrances. Weather protection is encouraged
along building frontages abutting a public sidewalk or a hard-surfaced expansion of a
sidewalk, and along building frontages between a building entrance and a public
street or accessway.
4. Building Materia is—
a. Pumose: High quality construction and building materials suggest a level of
permanence and stature appropriate to a Regional Center.
b. Standard: Plain concrete block,plain concrete, corrugated metal,plywood, sheet
press board or vinyl siding may not be used as exterior finish materials. Foundation
material may be plain concrete or plain concrete block where the foundation material
is not revealed for more than 2 feet.
5. Roofs and roof lines—
a. Purpose: Roof line systems that blur the line between the roof and the walls of
buildings should be avoided. This standard simply states that roofing materials
should be used on the roof and that wall finish materials should be use on building
walls. The premise is that future buildings in the WSRC should have a look of
permanence and quality.
b. Standard: Except in the case of a building entrance feature,roofs shall be designed
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 29
Exhibit A
as an extension of the primary materials used for the building and should respect the
building's structural system and architectural style. False fronts and false roofs are
not permitted.
6. Roof-mounted equipment—
a. Purpose: Roof top equipment, if not screened properly, can detract from views of
adjacent properties. Also roofs and roof mounted equipment can be the predominant
view where buildings are down slope from public streets.
b. Standard: All roof-mounted equipment must be screened from view from adjacent
public streets. Satellite dishes and other communication equipment must be set back
or positioned on a roof so that exposure from adjacent public streets is minimized.
Solar heating panels are exempt from this standard.
18.630.070 Signs
A. Sign standards. In addition to the requirements of Chapter 18.780 of the Development Code the
following standards shall be met:
1. Zoning district regulations - Residential only developments within the MUC, MUE and
MUR zones shall meet the sign requirements for the R-40 zone 18.780.13013; non-
residential developments within the MUC zone shall meet the sign requirements for the
commercial zones, 18.780.13OC; non-residential development within the MUE zone
shall meet the sign requirements of the C-P zone, 18.780.130D and non-residential
development within the MUR zones shall meet the sign requirements of the C-N zone,
18.780.130E.
2. Sign area limits -The maximum sign area limits found in 18.780.130 shall not be
exceeded. No area limit increases will be permitted.
3. Height limits -The maximum height limit for all signs except wall signs shall be 10 feet.
Wall signs shall not extend above the roofline of the wall on which the sign is located.
No height increases will be permitted.
4. Sign location - Freestanding signs within the Washington Square Regional Center shall
not be permitted within required L- I landscape areas.
18.630.080 Entry Portals
A. Required locations. (Reserved)
18.630.090 Landscaping and Screening
A. Applicable levels. Two levels of landscaping and screening standards are applicable. The
locations were the landscaping or screening is required and the depth of the landscaping or
screening are defined in other sub-sections of this section. These standards are minimum
requirements. Higher standards may be substituted as long as all height limitations are met.
1. L-1 Low Screen-For general landscaping of landscaped and screened areas within
parking lots and along local collectors and local streets, planting standards of Chapter
18.745 Landscaping and Screening, shall apply. In addition the L-1 standard applies to
setbacks on major and minor arterials, and where parking lots abut public streets. Where
the setback is a minimum of 5 feet between the parking lot and a street,trees shall be
planted at 3 1/2 inch caliper, at a maximum of 28 feet on center. Shrubs shall be of a
variety that will provide a 3-foot high screen and a 90% opacity within one year.
Groundcover plants must fully cover the remainder of landscape area within two years.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 30
Exhibit A
2. L-2 General Landscaping - For general landscaping of landscaped and screened areas
within parking lots, and along local collectors and local streets, planting standards of
Chapter 18.745,Landscaping and Screening, shall apply. In addition,trees shall be
provided at a minimum 2 '/2 inch caliper, at a maximum spacing of 28 feet. Shrubs shall
be of a size and quality to achieve the required landscaping or screening effect within two
years.
18.630.100 Street and Accessway Standards
A. Functional Classifications and Street Sections. The Recommended Roadway Functional
Classification Map and Street Cross Sections attached shall govern the improvement and
construction of major streets within the Washington Square Regional Center.
18.630.110 Design Evaluation
The provisions of Section 18.620.090-Design Evaluation apply within the Washington Square Regional
Center.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 31
Exhibit A
18.760.040 Criteria for Nonconforming Situations
A. Development of nonconforming lots of record.
1. Except as provided in Subsection A2 and Subsections B and C below, no
nonconforming lot of record at the effective date of this title or amendment thereto shall
be developed for any use, and no existing use on a nonconforming lot of record shall be
enlarged, extended or reconstructed,
except that the enlargement or expansion of a single-family residence will be allowed in
the CBD zone only;
2. If on the date of adoption of this title a lot does not meet the lot size requirements of the
applicable zoning district in which the property is located, the lot may:
a. Be occupied by one use permitted outright in a commercial zoning district, if the lot is
located within a commercial zoning district; or
b. Be occupied by single-family residential units and accessory structures if located in a
residential zoning district.
3. In any district, construction rn a single nonconforming lot of record existing at the
effective date of this title or amendment thereto, notwithstanding limitations imposed by
other provisions of this title, are subject to the following:
a. The nonconforming lot shall be in a separate ownership and not contiguous with
other lots in the same ownership; and
b. All setback, height and other applicable provisions of the zoning district shall be
satisfied unless appropriate variances and/or adjustments are obtained.
4. If two or more lots, or combinations of lots and portions of lots in single ownership are of
record at the effective date of this title and are made nonconforming as to lot area, width
or depth by this title the lots involved shall be considered to be an undivided parcel for
the purposes of this title; and:
a. No portion of the aggregated parcels shall be conveyed, transferred or used in any
manner which violates or creates a violation of this title; and
b. No division of the parcel shall be made which creates any lot remaining with the
area, width or depth which does not meet the requirements of this title.
B. Nonconforming uses. Where at the time of adoption of this title a lawful use of land exists
which would not be permitted by the regulations imposed by this title, and where such use
involves no structure or building other than a single sign or accessory structure, the use may
be continued as long as it remains otherwise lawful, provided:
1. No such nonconforming use is enlarged, increased or extended to occupy a greater area
of land or space than was occupied at the effective date of adoption or amendment of
this title;
2. No such nonconforming use shall be moved in whole or in part to any portion of the lot
other than that occupied by such use at the effective date of adoption or amendment of
this title;
3. The nonconforming use of land is not discontinued for any reason for a period of more
than six months;
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 32
Exhibit A
4. If the use is discontinued or abandoned for any reason for a period of six months any
subsequent use of land shall conform to the regulations specified by this title for the
zone in which such land is located; and
5. For purposes of calculating the six-month period, a use is discontinued or abandoned
upon the occurrence of the first of any of the following events:
a. On the date when the use of land is vacated;
b. On the date the use ceases to be actively involved in the sale of merchandise or the
provision of services;
c. On the date of termination of any lease or contract under which the nonconforming
use has occupied the land; and
d. On the date a request for final reading o water and power meters is made to the
applicable utility districts.
6. No additional structure, building or sign shall be constructed on the lot in connection with
such nonconforming use of land.
C. Nonconforming development.
1. Where a lawful structure exists at the effective date of adoption or amendment of this
title that could not be built under the terms of this title by reason of restrictions on lot
area, lot coverage, height, yard, equipment, its location on the lot or other requirements
concerning the structure, such structure may be continued so long as it remains
otherwise lawful, subject to the following provisions:
a. No such nonconforming structure may be enlarged or altered in a way which
increases its nonconformity but any structure or portion thereof may be enlarged or
altered in a way that satisfies the requirements of this title or will decrease its
nonconformity; or
b. Should such nonconforming structure or nonconforming portion of structure be
destroyed by any means to an extent of more than 60% of its current value as
assessed by the Washington County assessor, it shall not be reconstructed except in
conformity with the provisions of this title; and
c. Should such structure be moved for any reason for any distance whatever, it shall
thereafter conform to the regulations for the zoning district in which it is located after
it is moved.
D. Nonconforming use of structures.
1. If a single lawful use contained in a single structure involving that structure or structure
and premises in combination (except for a single, accessory structure) existed as of
March 16, 1983, it would not be allowed in the zoning district in which it is located, or
which is nonconforming because of inadequate off-street parking, landscaping or other
deficiency (under the terms of this title or amendment thereto), the lawful use may be
continued so long as it remains otherwise lawful, subject to the following provisions:
a. No existing structure devoted to a use not permitted by this title in the zoning district
in which it is located shall be enlarged, extended, constructed, reconstructed, moved
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 33
Exhibit A
or structurally altered except to accommodate a changing of the use of the structure
to a use permitted in the zone in which it is located;
b. Any nonconforming use may be extended throughout any existing parts of a building
which were manifestly arranged or designed for such use at the time of adoption or
amendment of this title, but no such use shall be extended to occupy any land
outside such building;
c. A change of use for a single use in a single structure may occur under the following
conditions:
(1) The nonconforming use status was registered with the Director in the manner
provided by Subsection 3 for the purpose of establishing the use classification
as listed in any of the permitted use subsections of this title;
(2) The new use is within the registered permitted use classification; and
(3) The new use conforms to the zoning ordinance provisions.
d. When a nonconforming use of a structure and premises is discontinued or
abandoned for six months the structure and premises shall not thereafter be used
except in full conformity with all regulations of the zoning district in which it is located.
For purposes of this section, a use shall be deemed to be discontinued or
abandoned upon the occurrence of the first of any of the following events:
(1) On the date when the structure or premises is vacated;
(2) On the date the use ceases to be actively involved in the sale of merchandise
or the provision of services;
(3) On the date of termination of any lease or contract under which the
nonconforming use has occupied the premises; or
(4) On the date a request for final reading of water and power meters is made to
the applicable utility districts.
e. Where a nonconforming use status applies to a structure and premises, removal or
destruction of the structure shall eliminate the nonconforming use status of the land:
(1) Destruction for the purpose of this subsection is defined as damage to an
extent of more than 60 percent of its current assessed value by the Washington
County assessor; and
(2) Any subsequent use shall conform fully to all provisions of the zoning district in
which it is located.
2. If a single structure or a structure and premises containing a number of lawful uses
(except for a single accessory structure) existed as of March 16, 1983, and those uses
would not be allowed in the zoning district in which they are located, or which are
nonconforming because of inadequate off-street parking, landscaping or other deficiency
(under the terms of this chapter or amendment thereto), the lawful uses may be
continued so long as they remain otherwise lawful, subject to the following provisions:
a. No existing structure devoted to a use not permitted by this title in the zoning district
in which it is located shall be enlarged, extended, constructed, reconstructed, moved
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 34
Exhibit A
or structurally altered except to accommodate a changing of the use of the structure
to a use permitted in the zone in which it is located;
b. Any nonconforming use may be extended throughout any existing parts of a building
which was manifestly arranged or designed for such use as of March 16, 1983, but
no such use shall be extended to occupy any land outside such building except as
limited by Subsection (e) below;
c. A change of use may occur as follows:
(1) The nonconforming use status was registered with the Director in the manner
provided by Subsection 3 below for the purpose of establishing the use
classification as listed in any of the permitted use subsections of this title;
(2) The new use is within the registered use classifications;
(3) The new use does not cause an increase in the total number of square feet in
the registered use classification; or
(4) The new use conforms to the zoning ordinance provisions.
d. Where a structure had vacant units as of March 16, 1983, such vacant spaces shall
be classified with the most restrictive use classification applicable to the structure;
and
e. When the use of the structure, including all uses, is discontinued or abandoned for
three months, the structure and premises shall not thereafter be used except in full
conformity with all regulations of the zoning district in which it is located. For
purposes of this section, a use shall be deemed to be discontinued or abandoned
upon the occurrence of the first of any of the following events:
3. The provisions of Section 18.132.040 shall not be interpreted as granting an owner of a
nonconforming use a vested right. The provisions of the section may be revised in a
manner which does not change the rights granted by this section under this chapter.
E. Non-Conforming Situations in Washington Square Regional Center. For non-conforming
uses and developments in the Washington Square Regional Center, the standards o
18.630.030 apply.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 35
EXHIBIT B
WASHINGTON SQUARE REGIONAL CENTER
Proposed Text Amendments to the Comprehensive Plan
Amendments to the comprehensive Plan to reflect changes recommended by the Task
Force are shown as bold and double underlined.
There are also several changes that were adopted after the original Washington Square
Comprehensive Plan changes were adopted. These changes were approved as part of
the Durham Quarry amendment. There are also some changes that needed to be made to
the adopted text to reflect the Durham Quarry amendments. They are identified by bold
text
WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS
REVISED 10-04-01 PAGE 1
WASHINGTON SQUARE REGIONAL CENTER STUDY
Final Draft
Recommendations for Comprehensive Plan Amendments to Implement the
Washington Square Regional Center Plan
August 25, 1999 (Revised 8-30-2001)
Add the following to implementation strategies, under policies 1.1.1 and 1.1.2:
Implementation strategies
1. The Comprehensive Plan Future Land Use Map and the Official Zoning District map will reflect
the plan policies and apply land use categories in the following manner:
n. Mixed Use Commercial District-Principle development in these areas will be high
density office buildings,retail and service uses. MUC districts will encourage larger
buildings with parking under,behind or alongside the structures. There are two
applicable mixed use commercial zoning districts: MUC and MUC-1. A zoning
designation of MUC will also allow mixed-use development and housing at densities of
50 units an acre. -NA-1C. , ist-4 ets;A41- o e!aFgeF:b4444i14gs with„„iiag, ff4e,
^r a4angskle the- stme *es The Regional Center Plan recommends that land
around the Washington Square Mall and land immediately west of Highway 217 be
4esi,pi4p_,,_ -A use ��� d-ic*^^*MUC. A zoning designation of MUC-1
will allow mixed-use development and housing at densities of 25 to 50 units an
acre. The MUC-1 district is applied to the Durham Quarry site.
0. Mixed Use Residential District-The MUR designation is appropriate for predominantly
residential areas where mixed uses are permitted when compatible with the residential
use. Areas will be designated high density (MUR-1) or moderate density (MUR-2).
Locations within the Washington Square Regional Center are appropriate for this
mixed-use designation.
Add the followin,-to policies under 5.5-Economy:
5.5 THE CITY SHALL PROHIBIT RESIDENTIAL DEVELOPMENT IN COMMERCIAL AND
INDUSTRIAL ZONING DISTRICTS EXCEPT:
COMPLIMENTARY RESIDENTIAL DEVELOPMENT SHALL BE PERMITTED
ABOVE THE FIRST FLOOR IN THE CENTRAL BUSINESS DISTRICT, AND
ABOVE THE SECOND FLOOR IN COMMERCIAL PROFESSIONAL DISTRICTS.
(THE DENSITY OF RESIDENTIAL DEVELOPMENT SHALL BE DETERMINED
IN ACCORDANCE WITH THE R-40 DISTRICTS.) 4 NB;
EXISTING SINGLE FAMILY HOMES WITHIN THE MIXED USE EMPLOYMENT
ZONE SHALL BE CONSIDERED PERMITTED USES AND NEW MULTI-
WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS
REVISED 10-04-01 PAGE 2
FAMILY DEVELOPMENT SHALL BE PERMITTED AND ENCOURAGED TO
DEVELOP AT R-40 DENSITIES-; AND
WITHIN THE MUC, MUR 1 AND 2 AND MUE 1 AND 2 ZONES WITHIN THE
WASHINGTON SQUARE REGIONAL CENTER, WHERE RESIDENTIAL USES
SHALL BE PERMITTED AND ENCOURAGED AT HIGH DENSITIES RANGING
FROM R-25 (MUE 2 AND MUR 2) TO R-50 (MUC,MUE I AND MUR 1).
WITHIN THE MUC-1 DISTRICT, WHERE RESIDENTIAL, USES SHALL, BE
PERMITTED AND ENCOURAGED TO DEVELOP AT A MINIMUM OF 25
UNITS PER ACRE TO A MAXIMUM OF 50 UNITS PER ACRE,
RESIDENTIAL, USES WHICH ARE DEVELOPED ABOVE NON-
RESIDENTIAL USES AS PART OF A MIXED USE DEVELOPMENT SHALL,
NOT BE SUBJECT TO THESE DENSITIES.
Add a new section 11.4-9 with the following:
11.*9 WASHINGTON SQUARE REGIONAL CENTER
In 1995,Metro Council adopted a visionary plan for regional development. The 2040 Growth Concept
described strategies to make the most efficient use of urban land in the face of dramatic population
growth, to create and preserve livable neighborhoods, and to promote a useful, accessible
transportation system.
One of the key elements of the 2040 Growth Concept, was the designation of regional centers. These
are areas of concentrated commerce, local government services and housing served by high-quality
transit. Washington Square is one of three regional centers in Washington County and one of nine in the
region.
The 2040 Growth Concept resulted from extensive regional discussion about the future of the Portland
metropolitan area. Metro,working with local jurisdictions, then developed the Urban Growth
Management Functional Plan in 1996 to implement the Growth Concept. Local citizens and
governments were then to determine the best way to create regional centers given the values, interests
and needs of residents and businesses of that community.
The following findings and policies summarize the results of a thorough public discussion about the future
of the Washington Square Regional Center area. It demonstrates the way the people of Tigard and
Washington County incorporated their expectations for the future into the Regional Center Plan.
Findin
1. With the adoption of the Urban Growth Management Functional Plan, local governments,
businesses,residents and property owners in Washington County began a study of land use,
transportation and other functions around Washington Square.
2. In 1998,the Tigard City Council appointed 23 people to serve on the Washington Square
Regional Center Task Force. Task Force members represent neighborhoods, schools,business
WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS
REVISED 10-04-01 PAGE 3
and property owners, state and local governments and public interest groups. The task force's
charge was to identify issues and set general policy for recommendations about land use,
transportation, open space, aesthetics and other issues relevant to development around
Washington Square. The Task Force also oversaw a public involvement process.
3. The Task Force agreed on a study area that includes 1250 acres, with Washington Square Mall
approximately in the center. The area is bounded by Fanno Creek on the west, SW Greenburg
Road and Hall Blvd. on the east, Progress Downs Golf Course to the north, and Highway 217
and Ash Creek on the south.
4. The Task Force members agreed on a set of principles that would guide development of all
recommendations. These principles are as follows:
Creation/Preservation of Area Identity
1. Reinforce a distinctive Regional Center while recognizing and respecting the character of
the nearby residential community.
2. Retain and develop quality housing, including affordable housing, for all income levels.
3. Facilitate transitions from one use to another, for example, single to multifamily
residential uses.
4. Preserve and enhance Metzger Park and consider additional parks.
5. Encourage environmentally friendly development.
6. Try to keep historic trees.
7. Build for our children: Have a sense of stewardship.
8. Think creatively and be innovative in improving/maintaining quality of life.
9. Consider market forces and development patterns.
10. Maintain and preserve floodplains and wetlands.
Government/Institutional Issues
1. Consider all political boundaries and facilitate cooperation among jurisdictions.
2. Maintain neighborhood schools.
3. Identify and reinforce what makes the learning(educational) environment viable.
Transportation
1. Strive for a self-sufficient, connected transportation system.
2. Consider transportation needs for the whole study area.
3. Plan for a multi-modal transportation system that accommodates increased auto and
non-auto travel needs.
4. Respect and enhance local street networks and neighborhood livability.
5. Maintain an acceptable level of service and safety on regional roads,minimizing the
effect on regional roads outside the study area.
6. Provide good transportation access to the rest of the region.
7. Make the community accessible for all people and modes with connections for cars,
bikes,pedestrians and transit.
8. Maintain a high level of accessibility within and to the regional center.
9. Use appropriate street and streetscape design.
10. Encourage attractive,high quality development.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS
REVISED 10-04-01 PAGE 4
11. Promote long-term viability for the area.Assure infrastructure is available prior to or
with development.
The Regional Center Plan Should
1. Be understandable to lay people
2. Be implementable within a reasonable, staged period of time
3. Help develop a sense of community with a common vision,hope and optimism
4. Be based on statistics and facts for population, employment and other factors
5. Use existing resources as much as possible
6. Encourage compatible and complementary uses
7. Contain solutions to common problems
8. Avoid conflict with other regional centers.
5. The Washington Square Regional Center study area includes land within the City of
Tigard,the City of Beaverton and in unincorporated Washington County. The study covers
approximately 1,074 acres exclusive of public rights-of-way and 1,250 total acres. About 4.2
percent of the net land area within the study area is vacant.
6. The Task Force evaluated all lands within the study area for future development or
redevelopment capacity through 2020. Land identified as having development or redevelopment
potential if it is currently vacant,has infill capacity,holds an opportunity for redevelopment or
currently is used as a large (greater than one acre) surface parking lot. The vast majority of
growth potential will come from redevelopment of existing structures and infill on sites currently
used for surface parking. Over the next 20 years, approximately 192 acres of land will become
available to accommodate employment and residential growth within the study area.
7. Metro' s Regional Urban Growth Management Functional Plan established "target growth
capacity' for each jurisdiction in the region. The goal of setting these target numbers is for each
part of the region to be prepared to accommodate housing and job growth. The target growth
capacity for the Washington Square Regional Center is based on accommodating the following
new jobs and housing units between 1998 and 2020:
Employment: 9,804 jobs
Retail: 1,188 jobs
Office: 8,436 jobs
Lodging: 180 jobs
Housing: 1,500 units
Residents: 2530 people
8. A development program for the Washington Square Regional Center provides for the target
employment and housing growth capacity. Areas including the districts around the Washington
Square Mall,the Lincoln Center office complex, and an emerging mixed-use district south of
Locust will develop at relatively high densities. Areas north of Locust and west of Highway 217
will develop at more moderate intensities,but generally greater than existing intensity in these
areas. Density assumptions are summarized below:
WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS
REVISED 10-04-01 PAGE 5
Land Use: High Density: Moderate Density:
Office @ FAR 1.25 @ FAR 0.6
Retail @ FAR 0.6 @ FAR 0.3
Lodging @ FAR 1.0 @ FAR 1.0
Housing @ 50 DU/Acre @ 25 DU/Acre
9. This development program will require approximately 170-200 acres over the next 20 years.
Adequate development and redevelopment capacity exists within the study area as a whole to
accommodate development as long as densities assumed above are achieved.
10. The Regional Center Task Force reached agreements on basic elements of urban development,
environmental protection, and transportation facilities. The Washington Square Regional Center
Plan describes the vision for the regional center.
11. The Task Force demonstrated an impressive amount of interest in mixed-use neighborhoods
and developments. Increasing land value and transportation costs will contribute to the desire of
workers and employers for proximity of housing and work sites. The regional center' s urban
design concept incorporates the need for improved transportation links,higher density, variety
of land uses and services and a quality of environment necessary to create a desirable, livable
community in the face of dramatic population growth.
12. Major roadways in the study area experience significant traffic congestion during weekday peak
periods. Highway 217, Greenburg Road,Hall Boulevard and Scholls Ferry Road are subject
to traffic delays. The major capacity constraints occur at the Hall Boulevard/Scholls Ferry Road
intersection,the Scholls Ferry Road/Nimbus Avenue intersection, and the Greenburg
Road/Highway 217 ramp intersections. In addition,Highway 217 itself is highly congested.
13. The majority of the arterial and collector streets in the study area have sidewalks. Scholls Ferry
Road and Hall Boulevard have bike lanes within the study area. Highway 217 presents a major
barrier for pedestrians and bicyclists. The only connections between the east and west sides of
the highway in the study area are overcross@s on Hall Boulevard, Scholls Ferry Road and
Greenburg Road. Of these three crossings, sidewalks are found only on Hall Boulevard and
Greenburg Road, with bicycle lanes only on Scholls Ferry Road. The only bike lanes on the
east side of the Washington Square Mall are on Hall Boulevard.
14. The Washington Square Transit Center is located in the northeast parking area of the
Washington Square Mall. This transit center serves as a bus stop for routes 43, 45, 56, 62, 76
and 78. These routes connect Washington Square to transit centers in downtown Portland,
Beaverton, Tigard and Lake Oswego, as well as providing service to the Tualatin area. A
wider selection of transit tools could create a less congested, auto-dependent transportation
system within and connecting to the study area.
15. In the future, those areas already identified as experiencing traffic congestion will continue to be
clogged. In addition, other sections of Hall Boulevard, Greenburg Road, and Cascade Avenue
and Oleson Road will also experience congestion. Traffic estimates do not predict congestion
on local Metzger area streets directly east of Washington Square Mall.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS
REVISED 10-04-01 PAGE 6
16. The Tigard City Council approved the Washington Square Regional Center Plan, September
1999 (WSRC Plan) and related Comprehensive Plan and Zon>ig Code amendments, but
withheld enactment of these policies and standards until a number of transportation,natural
resource, stormwater, and parks and open space issues were addressed.
17. The City provided resources and secured grants from the Transportation and Growth
Management(TGM)Program, State of Oregon, and the Department of Land Conservation and
Development(DLCD), State of Oregon, to undertake additional technical studies to address
these issues during the Phase II Implementation process.
18. The Phase II Implementation work effort focused on a number of issues that were first
articulated by the Tigard City Council, and then defined as charges to the Task Force,
Subcommittees. These charges were:
1. Advise whether the major transportation improvements identified ill the Regional Center
Plan are physically feasible, and whether enviromnental or other pennitti ig issues
represent a"fatal flaw" for project iinplementation.
2. Detenniile whether the proposed Regional Center Plan zoning creates the need for
significant additional transportation iinprovements compared with existing zonnig.
3. Prepare a transportation demand management strategy for the Regional Center.
4. Develop a long-range transportation iinplementation program that addresses public
policy, financial resources and responsibilities, and short-tenn priorities.
5. Map and confine the hydrological characteristics (wetlands and fish habitat) of the
Fanno and Ash Creels Watersheds within the Regional Center.
6. Compile policies and standards for these watersheds related to development iinpacts
iiicludiiig the extent that parks and open spaces activities can exist within the 100-year
floodplaili area.
7. Recommend modifications (as necessary) to the City's natural resource regulations.
8. Assess the stonnwater management needs for the Regional Center Plan and a
recommended approach for storm water management.
9. Develop a long-tenn fundilig strategy for stone water management.
10. Confirm the parks and open space needs for the Regional Center Plan and a
recommended approach for identifyilig, acquirnig, ilnprovi ig and maintainilig parks and
open space in the area.
11. Develop a long-tenn funding strategy for parks/open space.
19. Based on the work of the Task Force, Technical Subcommittees, and consultation with the
public, the followilig findiligs and conclusions are made:
1. The results of the engilieerilig and enviromnental analysis show that all of the
transportation recommendations from the WSRC Plan can be implemented, and
none of the projects are fatally flawed.
2. A comparison of traffic trip generation potential of current zonilig withili the
Regional Center to that proposed ili the WSRC Plan showed very siinilar future
peak hour trips, and that the transportation system required to serve the WSRC
WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS
REVISED 10-04-01 PAGE 7
Plan is the same as that required to serve the area under current zon>ig.
3. A long-tenn transportation implementation program is described later ill this report,
including a transportation demand management strategy. A financnig strategy is
recommended that produces sufficient revenues over a 20-year period to implement
the i nprovement program.
4. Detailed field reconnaissance was undertaken, and existing vegetative communities
and wetlands withili the Regional Center were mapped. It is recommended that the
Tigard Wetlands and Stream Corridors Map be amended to reflect this work.
5. Existilig federal, state and local regulations and impact review procedures applicable
to public and private developments withili the Regional Center address the
protection of identified natural resource areas. These existing regulations and any
new regulations protectnig natural resources take precedence over any local zoning
designations, existing or proposed.
6. Proposed zoning designations applying to resource areas do not ill and of
themselves threaten natural resource values or potentially cause enviromnental
impacts any more or less significantly compared to existing or less intensive zoning.
7. Modifications to City of Tigard development standards that apply to sites that
include natural resource areas along Ash and Fanno Creeks are recommended in
order to minimize enviromnental impacts. Applicable development standards
include waiving milunum FAR and residential density standards, adjusting building
setbacks and others.
8. The results of an assessment of existing and future flooding and water quality needs
within the Regional Center showed that existing stonnwater facilities are inadequate,
and identified regional stonnwater improvements remain unfounded.
9. A long-tenn stonnwater management program is described later in this report. A
financilig strategy is recommended that produces sufficient revenues over a 20-year
period to implement the improvement program.
10. A Greenbelt, Parks and Open Spaces Concept Plan is recommended which
refines the proposals made ill the WSRC Plan. All elements of the Concept Plan
were found to be feasible.
11. A long-tenn greenbelt, parks and open spaces implementation program is described
later iii this report A fnnancilig strategy is recommended that produces sufficient
revenues over a 20 year period to i nplement the i nprovement program.
20. A fnnancilig strategy was developed in detail for transportation, stonnwater, and parks &
open space improvements. Based on the analysis of revenue expected from the variety of
sources described in the strategy, adequate resources were detennined to be available during
WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS
REVISED 10-04-01 PAGE 8
the next 20 years to adequately fund the public improvements necessary to implement the
WSRC Plan. The priinary elements of the financing strategy are:
1. Aggressively pursue federal highway trust fund sources through Metro's
Metropolitan Transportation Improvement Program(MTIP). Metro estimates that
approxiinately S874 million in federal highway trust fund money will be allocated
directly to the Metro region during the years 2000 through 2020.
2. Establish priorities so that locally generated fees from existing businesses and
residents and new development activity located within the Regional Center are
focused on the transportation and infrastructure needs within the Regional Center.
3. Pursue the formation of local improvement district(s) (LIDs)where existing
businesses and residents will directly benefit from improvements to existing
transportation and stonnwater facilities, or relatively modest new improvements are
needed that benefit multiple property owners.
4. Aggressively pursue regional, state, and national grants and funding programs for
specific improvements, and pursue dedications, donations and contributions from
the private sector.
5. Establish an urban renewal district for the Regional Center as a local funding source
for major transportation, storinwater,resource enhancement and parks and open
space improvements that benefit the entire area. Based on the growth projection
utilized for the Washhitaton Sgnare Regional Center Plan, approximately S92-
162 million in accumulated urban renewal revenues would be available for project
activities within the Regional Center over a 20-year period. An important
recoininendation of the financial strategy is the creation of a new urban renewal
district. It is recommended that the urban renewal district be created to include
areas within the City of Tigard, City of Beaverton, and unincorporated Washington
County. This will assure that the entire Regional Center will be eligible for urban
renewal investments.
POLICIES
11.49.1 THE CONCEPTS AND PRINCIPLES CONTAINED IN THE WASHINGTON
SQUARE REGIONAL CENTER PLAN SHALL PROVIDE THE OVERALL GUIDING
FRAMEWORK FOR MORE DETAILED IMPLEMENTING ACTIONS FOR THE AREA.
THE IMPLEMENTING ACTIONS INCLUDE AT A MINIMUM:
a. Comprehensive plan map and zoning map amendments including transportation plan.
b. A public facilities plan for the area including a financing plan.
C. A transportation improvement plan for the area including a financing plan.
d. A parks and open space plan for the area including a financing plan.
e. A recognition of the Regional Center Boundary for the purpose of establishing local,
WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS
REVISED 10-04-01 PAGE 9
regional and state funding priority in order to accomplish the concepts and principles of
the plan.
11.49.2 THREE DISTINCT TYPES OF MIXED USE DISTRICTS SHALL BE
ESTABLISHED FOR THE WASHINGTON SQUARE REGIONAL CENTER. THESE
DISTRICTS ARE:
a. MIXED USE COMMERCIAL DISTRICTS (MUC). THE REGIONAL
CENTER PLAN RECOMMENDS THAT LAND AROUND THE WASHINGTON
SQUARE MALL AND LAND IMMEDIATELY WEST OF HIGHWAY 217 BE
DESIGNATED A MIXED USE COMMERCIAL DISTRICT. PRINCIPAL
DEVELOPMENT IN THESE AREAS WILL BE OFFICE BUILDINGS,RETAIL
AND SERVICE USES. A ZONING DESIGNATION OF MUC WILL ALSO
ALLOW MIXED-USE DEVELOPMENT AND HOUSING AT DENSITIES OF 50
UNITS AN ACRE. MUC DISTRICTS WILL ENCOURAGE LARGER
BUILDINGS WITH PARKING UNDER,BEHIND OR ALONGSIDE THE
STRUCTURES.
b. MIXED USE EMPLOYMENT DISTRICT (MUE). MIXED USE
EMPLOYMENT DISTRICTS REFER TO AREAS WITH CONCENTRATIONS
OF OFFICE,RESEARCH AND DEVELOPMENT,AND LIGHT
MANUFACTURING INDUSTRIAL USES. COMMERCIAL AND RETAIL
SUPPORT USES ARE ALLOWED,BUT ARE LIMITED. THE ZONING WILL
PERMIT RESIDENTIAL DEVELOPMENT COMPATIBLE WITH THE
DISTRICT' S EMPLOYMENT CHARACTER. LINCOLN CENTER IS AN
EXAMPLE OF AN AREA DESIGNATED MUE-1, THE HIGH DENSITY
MIXED-USE EMPLOYMENT DISTRICT. THE NIMBUS AREA IS
DESIGNATED MUE-2,REQUIRING MORE MODERATE DENSITIES.
C. MIXED USE RESIDENTIAL DISTRICTS (MUR). THE MUR
DESIGNATION IS APPROPRIATE FOR PREDOMINANTLY RESIDENTIAL
AREAS WHERE MIXED USES ARE PERMITTED WHEN COMPATIBLE WITH
THE RESIDENTIAL USE.AREAS WILL BE DESIGNATED HIGH DENSITY
(MUR-1) OR MODERATE DENSITY(MUR-2).
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Proposed Amendment to Chapter 8. Transportation. Add new Policies:
8.1.9 THE CITY SHALL ADOPT THE FOLLOWING PEDESTRIAN, BICYCLE AND
PUBLIC TRANSIT IMPROVEMENT STRATEGY IN ORDER TO ACCOMMODATE
EXISTING AND PLANNED LAND USES IN THE WASHINGTON SQUARE REGIONAL
CENTER:
1. Commuter Rail Service and Station: Washington County has proposed commuter rail
services from Wilsonville to Beaverton on the existing freight line to the west of Highway
217. The City supports a commuter rail station in the vicinity of the North: Mall to Nimbus
Overcrossing.
2. Pedestrian Improvements SW Greenburg Road: Construct pedestrian improvements on
SW Greenburg Road between SW Hall Boulevard and Highway 217 to improve pedestrian
crossing opportunities and safety.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS
REVISED 10-04-01 PAGE 12
3. Pedestrian Improvements- SW Hall Boulevard: Construct pedestrian crossing refine
(median) on SW Hall Boulevard between SW Pfaffle Street and SW Locust Street to
improve pedestrian crossing opportunities and safety.
4. Pedestrian And Bicycle Improvements- SW Locust Street: Realign SW 90th Avenue
across SW Locust Street to provide a four-legged intersection at Locust Street. Construct
curb extensions, sidewalks and bicycle lanes to provide improved non-auto accessibility
across and along Locust Street.
5. Pedestrian Access Improvements- Washington Square Mall: Construct pedestrian
improvements (e.g. sidewallcs, landscaping, and connections from parl6ng to the mall and
surrounding arterials) in the Washington Square Mall area.
6. Identify potential bicycle network alignments with connections to existing bikeways,
neighborhoods and activity centers, with particular emphasis on extending the Fanno Creek
Bikeway along Ash Creek.
7. Construct a pedestrian trail within and/or around the Red Tail Public Golf Course. This
presents an opportunity to provide a safe neighborhood walking/exercise area and to serve
more of the population using existing resources.
8. Provide pedestrian/bicycle connections on local streets to, from and within
new developments and redevelopments.
9. Identify potential bicycle network alignments with connections to existing bikeways,
neighborhoods and activity centers, with particular emphasis on extending the Fanno Creek
Bikeway along Ash Creek.
10. Shuttle/People Mover: Develop local area transit service operating between the
Washington Square Mall area, the Nimbus/Cascade districts and Lincoln Center. The
service could use the proposed connections across Highway 217. Initially a shuttle bus, in
the future this service could be converted to some type of fixed route system.
11. Transit Center h-nprovements: Construct capacity and facility improvements (e.g. real tiime
transfer infonmation, lighting, covered connections to the Mall, and additional bus bays) to
the existing transit center at the Washington Square Mall.
12. Transit System Improvements: The City supports transit routing and frequency
improvements in the Regional Center. Tri-Met has provided an outline of potential service
improvements and planning that would need to occur to implement these improvements.
The range of improvements include relocating the Transit Center to provide better
connections into the Mall, coordinating park and ride facilities with the future corm-muter rail
service, providing bus stop improvements in the Regional Center area, and decreasing
transit service headways. Tigard, Tri-Met and employers or developers in the district
should begin to develop a transit improvement plan for the district.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS
REVISED 10-04-01 PAGE 13
13. Travel Demand Management Program: The City recognizes the importance of developing a
travel demand management program for the Regional Center area. A key features of this
prograM will be a Transportation Management Association(TMA) that coordinates the
means of decreasing demand for single occupant vehicles within the Regional Center area,
parking management strategies, transit system improvements, and travel demand
management programs. The City of Tigard, Beaverton, Washington County, Tri-Met,
Metro, ODOT and employers in the area should begin to work together to refine this
framework into a detailed plan for the area.
8.1.10 THE CITY SHALL ADOPT THE FOLLOWING AUTO AND ROADWAY
IMPROVEMENT STRATEGY IN ORDER TO ACCOMMODATE EXISTING AND PLANNED
LAND USES IN THE WASHINGTON SQUARE REGIONAL CENTER:
1. Near TeM1 Traffic Operations Improvements: Small-scale roadway operations
improvement projects shall be implemented in the near fUtUre. These improvements correct
existing system deficiencies or provide needed pedestrian, bicycle or transit facilities:
a. Develop siWial tin-mng improvements on Greenberg Road between Highway 217 and the
Washhigton Square Mall.
b. Constnict a separate eastbound right tuM lane from Hall Boulevard to Scholls Ferry
Road. This could require Hall Boulevard overcrosshig improvements.
c. Constnict pedestrian improvements throughout the district.
d. Develop a shuttle system coiumecting,Lhicohi Center, Washhigton Square Mall and
Nimbus Business Park.
e. Evaluate and confine that the southbound Hall Boulevard right tuM only lane into the
Washhigton Square Mall at Paheblad Lane should be elheinated. Restripe as
appropriate.
£ Develop signal th-u�ng heprovements on Hall Boulevard that 111clude capabilities to allow
buses that have fallen behind schedule to travel to the front of the queue and travel
through the signal prior to other traffic ("queue jLueph1g capabilities")
g. Develop direct access from the Washhigton Square Mall to the Target Store so that
motorists do not have to travel on Hall Boulevard when travelhig between the two
facilities.
h In cooperation with the City of Beaverton and Tri-Met, identify a new Park& Ride site
to replace the existhig site that was intended to be temporary.
2. Highway 217 Improvements: Identify and plan for the heplementation of heprovements to
Highway 217 and its interchanges between Interstate 5 and Highway 26.
3. North: Mall to Niiebus Connection: Construct a bridge over Highway 217 coimecthig the
Washington Square Mall with the Nitebus Business Center. The bridge would include a
two-lane roadway, bike lanes, sidewalks and facilities for transit. The bridge is intended to
be a facility for local travel within the Regional Center.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS
REVISED 10-04-01 PAGE 14
4. SW Nimbus Avenue: There are two components of the SW Nimbus Avenue
hnprovements:
a. North of Scholls Ferry Road: Modify the existing roadway(north of Scholls Ferry
Road) to a 3-lane facility with parking, bike lanes and sidewallcs. Potential for
streetscape improvements including solid median with specific tum slots to individual
properties.
b. Nimbus to Greenburg Cormection: Extend SW Nimbus Avenue to meet Greenbury
Road. This would be a 5-lane roadway with bike lanes and sidewallcs, but no on-street
parlcn g.
5. SW Lincoln Street: Modify Lincoln Street to provide a 3-lane section with par161g, bike
lanes and sidewalks between SW Locust Street and SW Oak Street.
6. SW Hall Boulevard: The Washington Square Regional Center Task Force identified this
project as the fifth priority for implementation in the Re-ional Center area. The project
would first be constructed to 3-lane standards with sidewallcs and bike lanes at five lane
limits between Oleson Road and Highway 217. If after other project recommendations
have been constructed, it is found that Hall Boulevard still needs to be a five-lane facility the
roadway would then be widened again. hi the 111terim, and as possible the City of Tigard or
ODOT would acquire the right of way necessary for a five-lane section
As a three or five-lane facility, this project includes landscaped median with desi-hated left
tum pockets that also provide for improved pedestrian crossing opportunities. This is
consistent with Metro the Reponal Boulevard Designation for Hall Boulevard.
7. SW Cascade Avenue: Improve the existing roadway(north and south of Scholls Ferry
Road) to 3-lane standard with parl6ig, bike lanes and sidewalks. Potential for streetscape
improvements i iclu6ig solid median with specific tum slots to individual properties.
8. SW Locust Street: Modify Locust Street between Hall Boulevard and Greenburg,Road to
include a three-lane section with parl6ig, bike lanes, sidewallcs and other streetscape
improvements to maintain as a lower speed street.
9. SW Oak Street: Modify the roadway to provide 2-lane section with parl6ig, bike lanes
and sidewalk between SW Hall Boulevard and SW Lincoln Street.
10. Washington Square hntemal Roads: Constnict itnproveinents to existi ig Washington
Square Mall intemal circulation roads to public street standards with bike lanes and
sidewallcs.
11. Adopt the functional classification plan for streets 111temal to the Washington Square
Regional Center as shown on Fi,"Lire 1. The following policies apply to local streets within
the regional center:
a. Local street spacnig shall be a maxiinuM of 530 feet.
b. Access way spacnig shall be a maxiinuM of 330 feet.
c. Spacnig of signalized intersections on Major Arterials shall be a minimuM of 600 feet.
d. Existing rights of way will, to the greatest extent possible, be utilized for a local street
WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS
REVISED 10-04-01 PAGE 15
system. Right of way vacations will be considered only when all other policies ill this
Subsection are met.
12. The transportation projects described in this section should be added to the City of Tigard's
Transportation System Plan. The City, ODOT and Metro should work to include these
nnprovements in regional and state nnplementation programs.
11.8.3 NECESSARY PUBLIC FACILITIES INCLUDING SEWER, WATER AND DRAINAGE
FACILITIES, SHOULD BE IN PLACE OR PLANNED TO BE CONSTRUCTED IN
TIME TO SUPPORT NEW DEVELOPMENTS.
11.8.4 NECESSARY TRANSPORTATION FACILITIES, AS DETERMINED BY A TRAFFIC
IMPACT ASSESSMENT, SHOULD BE IN PLACE OR PLANNED TO BE
CONSTRUCTED IN TIME TO SUPPORT NEW DEVELOPMENTS.
Proposed Amendment to Chapter 12. Locational Criteria.
Add a new Section 12.5:
12.5 MIXED USE DISTRICTS
POLICY
12.5.1 THE CITY SHALL PROVIDE FOR MIXED USE DEVELOPMENTS IN ACCORDANCE
WITH:
a. APPLICABLE PLAN POLICIES;
b. APPLICABLE PURPOSE STATEMENTS; AND
C. APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS.
1. Mixed Use Commercial
A. The purpose of the Mixed Use Commercial(MUC) land use designation is:
1. To create a dense mixed-use commercial district that forms the commercial
core of the Washington Square Regional Center;
2. To create a high quality,mixed use commercial district, in conjunctions with the
City of Tualatin, on the site of the former Durham Quarry.
3-2. To provide opportunities for major retail goods and services, office
employment, and housing in close proximity, and with good access to
transportation services;
WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS
REVISED 10-04-01 PAGE 16
44. To implement the Metro 2040 Growth Concept and Urban Growth
Management Functional Plan for areas designated Regional Center within the
City of Tigard.
2. Mixed Use Employment
A. The purpose of the Mixed Use Employment(MUE)land use designation is:
1. To create a mixed-use employment district that is complementary to the rest of
the community and the region;
2. To provide opportunities for employment and for new business and professional
services in close proximity to retail centers and major transportation facilities;
3. To provide for major retail goods and services accessible to the general public,
and minor retail goods and services accessible to the public which works and
lives within the MUE district;
4. To provide for groups and businesses in centers;
5. To provide for residential uses which are compatible with and supportive of
retail and employment uses;
6. To implement the Metro 2040 Growth Concept and Urban Growth
Management Functional Plan for areas designated Regional Center and
Employment within the City of Tigard.
3. Mixed Use Residential
A. The purpose of the Mixed Use Residential(MUR) land use designation is:
1. To create moderate and high density mixed use residential districts in close
proximity to other mixed-use districts;
2. To provide opportunities for a variety of housing types and densities, and to
produce that housing in ways that residents have a high degree of pedestrian
amenities, recreation opportunities and access to transit;
3. To incorporate limited commercial and service uses within mixed-use projects
that provide benefits and amenities to residents,but are compatible with
residential uses.
4. To implement the Metro 2040 Growth Concept and Urban Growth
Management Functional Plan for areas designated Regional Center within the
City of Tigard.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS
REVISED 10-04-01 PAGE 17
Policies
12.5.2 THE CITY SHALL APPLY A MIXED USE COMMERCIAL LAND USE
DESIGNATION FOR AREAS SHOWN AS REGIONAL CENTER IN THE METRO
2040 GROWTH CONCEPT OR TO OTHER AREAS IDENTIFIED BY THE CITY AS
APPROPRIATE FOR MIXED USE COMMERCIAL DEVELOPMENT.-
12.5.3 THE CITY SHALL APPLY A MIXED USE EMPLOYMENT LAND USE
DESIGNATION FOR AREAS SHOWN AS REGIONAL CENTER AND
EMPLOYMENT IN THE METRO 2040 GROWTH CONCEPT.
12.5.4 THE CITY SHALL APPLY A MIXED USE RESIDENTIAL LAND USE DESIGNATION
FOR AREAS SHOWN AS REGIONAL CENTER IN THE METRO 2040 GROWTH
CONCEPT.
IMPLEMENTATION STRATEGIES
1. The Community Development Code shall:
a. Include-a two Mixed Use Commercial Districts; MUC and MUC-1
b. Include high density and moderate density Mixed Use Employment Districts;
C. Include high density and moderate density Mixed Use Residential Districts.
d. Require that:
1. Minimum residential densities and floor area ratios(FAR)be achieved;
2. Certain commercial uses be limited so that a pedestrian-oriented development
pattern is achieved;
3. Design standards for pubic improvements, site design, building design, signs and
landscaping are achieved in order to create high quality,pedestrian-oriented
developments;
4. All areas be subject to Site Development Review.
e. Provide for:
1. Limited adjustments, and phasing so that development standards can be
achieved over time;
2. Lft-nited adjustments in development standards, including minimum density and
FAR requirements, in cases where adjustments are necessary to avoid
environmental impacts
3. Improvements to pre-existing uses and developments so that existing residents
and businesses may continue to thrive;
4. Incentives to preserve and enhance significant wetlands, streams and
WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS
REVISED 10-04-01 PAGE 18
floodplains.
WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS
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EXHIBIT C
STAFF REPORT TO THE
TIGARD CITY COUNCIL Opry OF TIOARD
Commu n ity Development
Shaping A Better Community
SECTION I. APPLICATION SUMMARY
CASE NAME: WASHINGTON SQUARE PHASE II
CASE NO.: Comprehensive Plan Amendment (CPA) CPA2001-00002
Zone Ordinance Amendment (ZOA) ZOA2001-00002
PROPOSAL: Modify the adopted Development Code and Comprehensive Plan text as it relates
to the Washington Square Regional Center. The Washington Square Regional
Center Plan (Regional Center Plan) was adopted by the City Council in March of
2000, however Council voted to delay implementation of the Plan and code
changes until an implementation plan was completed addressing specific areas of
concern. The original Task Force was reconvened to work on the Washington
Square Regional Center Plan: Phase II, Implementation (Implementation Plan).
After 8 months of work by the Task Force, staff and consultant team, the
Implementation Plan was completed and it was determined that additional
amendments were needed to the Development Code and Comprehensive Plan in
order to reflect the Implementation Plan findings. In addition, staff found several
areas within the adopted text that needed to be clarified or cross referenced in the
Development Code prior to it being used. The proposed amendments reflect the
Implementation Plan recommendations and minor changes identified by staff. The
proposal in front of the Planning Commission is to amend portions of: Development
Code sections 18.360, 18.370, 18.520, 18.630, 18.760 and portions of
Comprehensive Plan 1.1.1, 11.9 (previously numbered 11.8), 8.1.9 and 12.5.2.
APPLICANT City of Tigard OWNER: Various
13125 SW Hall Blvd.
Tigard, OR 97223
LOCATION: The area is bounded generally by Fanno Creek on the west, SW Greenburg
Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and
Highway 217, including the Ash Creek area on the southern border.
APPLICABLE
REVIEW
CRITERIA: The criteria applicable to the proposed amendments to the previously adopted
Development Code and Comprehensive Plan are: Community Development
Code Sections, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2,
3.4.24 8.1.1, and 8.2.1; Statewide Planning Goals 1, 2, 5, and 12; and Metro
Functional Plan Titles 1, 3, 4, and 7 and the Regional Transportation Plan.
SECTION II. RECOMMENDATION
The Planning Commission voted to recommend APPROVAL of the requested Comprehensive Plan
amendment and Development Code amendments to the City Council.
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SECTION III. BACKGROUND INFORMATION
History
In 1996, Metro adopted a visionary plan for regional development. This regional plan is known as
the Metro 2040 Growth Concept. Focusing development and growth in regional centers
represented a key aspect of supporting growth of the area and preserving livability. The
Washington Square Regional Center represents one of three regional centers in Washington
County and one of seven in the metropolitan region. The area consists of 1,250 acres of land
and includes land in Tigard, unincorporated Washington County and the City of Beaverton. With
funding from a Transportation and Growth Management Grant (TGM), a master planning effort
was undertaken by the City of Tigard, the City of Beaverton and Washington County to develop
the boundaries and a plan for the regional center. A 23 member Task Force was assembled
and met for over a year to develop the plan. Once the Plan was complete and accepted by the
Task Force, the Planning Commission and City Council held hearings and determined that there
were several areas of concern that needed additional review before the Plan and development
and design standards should become effective. The original Task Force was reconvened (with
a few new members, for a 25 member Task Force) and 4 sub-committees were formed to
review the remaining issues in detail. On July 25, 2001 the Task Force accepted the findings
and recommendations from the sub-committees and passed a resolution forwarding the
Implementation Plan components to the City Council so that they could implement the Regional
Center Plan. As a piece of the Task Force findings, it was determined that minor changes were
needed to the Development Code and Comprehensive Plan above and beyond the changes
previously adopted.
A joint Planning Commission and City Council work session was held on August 21, 2001 to
review the Task Force's recommendations. At this meeting, City Council directed staff to move
forward with the implementation process for the Washington Square Regional Center and final
adoption of the Comprehensive Plan and Development Code amendments. The Planning
Commission held a public hearing on December 3, 2001 to consider the proposed amendments
and voted to recommend approval.
Vicinity Information
The affected parcels and street system are within the area known as the Washington Square
Regional Center. The area consists of 1,250 acres of land and includes land in Tigard,
unincorporated Washington County and the City of Beaverton. The area is bounded generally by
Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf
Course to the north, and Highway 217, including the Ash Creek area on the southern border.
Proposal description
The Washington Square Regional Center consists of 1,250 acres, the majority of which is in the
City of Tigard. When the Regional Center Plan was adopted by Council in March of 2000,
Development Code and Comprehensive Plan text amendments were also adopted but
implementation was delayed. The Task Force working on the Implementation Plan identified
several additional amendments needed in order to implement the Regional Center Plan. In
addition, staff found several formatting and clarification issues that needed to be addressed
before the previously approved amendments could be effectively implemented. The proposal is
to adopt the changes to the previously approved Development Code and Comprehensive Plan to
reflect the Washington Square Regional Center Implementation Plan recommendations.
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The following provides a summary of the Comprehensive Plan changes:
■ Added findings of the section of the Comprehensive Plan regarding the Washington Square
Regional Center to reflect work of the implementation plan.
■ Replaced the transportation improvement strategy section that was previously adopted with a
more comprehensive strategy including pedestrian, bicycle, and transit. The new
transportation strategy is based on recommendation from the (Transportation Technical
Advisory Subcommittee) TTAS and Task Force.
■ Staff added language in the locations criteria information to allow for additional mixed use
sites such as the Durham Quarry.
■ Included language that provides for adjustments to development standards and minimum
density when necessary to avoid environmental impacts.
The following provides a summary of the Development Code changes:
■ Amended 18.360 (Site Development Review, 18.370 (Variances and Adjustments), 18.520
(Commercial zoning Districts), 18.630 (Washington Square Regional Center), and 18.760
(Non-Conforming Situations) to re-format the adopted standards to fit into the existing
Development Code and to clarify and cross reference the standards throughout the code.
■ Added text, based on the Task Force recommendation, to allow for modifications to the
dimensional standards and minimum density requirements for developments abutting water
resources areas.
SECTION IV SUMMARY OF REPORT
❑ Applicable criteria, findings and conclusions
❑ Tigard Development Code 18.390
❑ Statewide Planning Goals
❑ Applicable Comprehensive Plan Policies
❑ Applicable Metro Standards
❑ Additional City staff and outside agency comments
SECTION V. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS
Tigard Development Code 18.390
Chapter 18.390.060G states that for legislative map and text amendments
(Comprehensive Plan and Development Code) the recommendation by the Commission
and the decision by the Council shall be based on consideration of the following factors:
❑ The Statewide Planning Goals and Guidelines adopted under Oregon Revised
Statutes Chapter 197;
❑ 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.
This report addresses the applicable standards listed above and demonstrates that the
proposed amendments comply with all applicable Statewide Planning Goals, Metro regulations,
Comprehensive Plan policies and provisions of the Development Code. There are no applicable
federal or state regulations other than those previously listed.
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FINDING: As discussed in detail throughout this report, the proposed amendments comply,
or can be conditioned to comply, with the standards outlined in 18.390.060.G.
Statewide Planning Goals
The following Statewide Planning Goals were found to be inapplicable to the proposed
Development Code and Comprehensive Plan amendments:
Statewide Planning Goal 3—Agricultural Lands,
Statewide Planning Goal 4— Forest Lands,
Statewide Planning Goal 6—Air, Water and Land Resource Quality,
Statewide Planning Goal 7— Natural Disasters and Hazards,
Statewide Planning Goal 8— Recreational needs,
Statewide Planning Goal 9— Economic Development,
Statewide Planning Goal 10— Housing,
Statewide Planning Goal 11 — Public Facilities and Services,
Statewide Planning Goal 13— Energy Conservation,
Statewide Planning Goal 14— Urbanization,
Statewide Planning Goal 15—Willamette River Greenway,
Statewide Planning Goal 16— Estuarine Resources,
Statewide Planning Goal 17—Coastal shorelands,
Statewide Planning Goal 18— Beaches and Dunes, and
Statewide Planning Goal 19—Ocean Resources.
Statewide Planning Goal 1 —Citizen Involvement:
This goal outlines the citizen involvement requirement for adoption of Comprehensive
Plans and changes to the Comprehensive Plan and implementing documents.
This goal has been met by complying with the Tigard Development Code notice requirements
set forth in Section 18.390. In addition, notice was mailed to all property owners within the
Washington Square Regional Center and within 500 feet of the regional center and notice was
published in the Tigard Times prior to the hearing. Two public hearings are held (one before the
Planning Commission and the second before the City Council) in which an opportunity for public
input is provided.
Statewide Planning Goal 2— Land Use Planning:
This goal outlines the land use planning process and policy framework. The
Comprehensive Plan was acknowledged by DLCD as being consistent with the
statewide planning goals.
The Development Code implements the Comprehensive Plan. The Development Code
establishes a process and policies to review changes to the Development Code consistent with
Goal 2. The City's plan provides analysis and policies, with which to evaluate a request for
amending the Code consistent with Goal 2. As discussed within this report, the proposed
amendments comply with the Development Code and Comprehensive Plan criteria.
Statewide Planning Goal 5— Natural Resources
Requires the inventory and protection of natural resources, open spaces, historic areas
and sites suitable for removal and processing of mineral and aggregate resources.
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This goal is met because the proposed code amendment allows for flexibility of standards when
a project is adjacent to Natural Resources to protect resources above and beyond the
protections already in place on a local, regional, state and federal level.
Statewide Planning Goal 12 -Transportation:
This goal is intended to provide and encourage a safe, convenient and economic
transportation system. This Goal is implemented by Oregon Administrative Rule 660-12,
which is also known as the Transportation Planning Rule (TPR). Section 660-12-060
states that plan amendments which significantly affect a transportation facility shall
assure that allowed land uses are consistent with the identified function, capacity, and
level of service of the facility.
The proposed amendments will not significantly alter the planned improvements previously
approved. The amendments refine the necessary transportation improvements based on the
Task Force findings and provide for more multi-modal development as policy in the
Comprehensive Plan. The revised Comprehensive Plan language will continue to encourage a
safe, convenient and economic transportation system.
FINDING: Based on the analysis above, staff finds that the proposed amendments do not
violate applicable Statewide Planning Goals.
Applicable Comprehensive Plan Policies
Policy 1.1.1(a) requires that legislative changes are consistent with statewide planning
goals and the regional plan adopted by Metro.
The proposal is consistent with Statewide Planning Goals as addressed above under"Statewide
Planning Goals". The proposal conforms with the applicable portions of the Metro "Urban Growth
Management Functional Plan" that was adopted in October, 1996, by Metro, as discussed within
this report.
Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen
involvement program and shall assure that citizens will be provided an opportunity to be
involved in all phases of the planning process. Policy 2.1.2 states that opportunities for
citizen involvement shall be appropriate to the scale of the planning effort.
The Planning Commission and City Council hearings have been legally advertised. Notice has
been sent to property owners within 500' of all properties within the Washington Square Regional
Center and has been published in the Tigard Times to ensure that citizens will have the
opportunity to learn about the hearing and to participate in it.
Natural Areas: Policy 3.4.2.d states that the City shall address Goal 5 requirements
pertaining to the preservation of wetlands and that citizens will participate in making
policy recommendations.
The proposed Development Code amendments are based on recommendations from the
Washington Square Regional Center Task Force which was made up of citizens,
representatives from the business community and agency staff. The standards go further to
protect natural areas by providing for additional flexibility to underlying zoning standards in order
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to protect the natural resources. In addition, there are already standards in place which limit the
density of development adjacent to the natural resource areas and regulates buffers.
Traffic ways: Policy 8.1.1 states that the City shall plan for a safe and efficient street and
roadway system that meets current needs and anticipated future growth and
development.
The amendments to the Comprehensive Plan refine the original amendments which provide a
plan for a transportation system, including alternative modes of transportation, that are safe and
efficient.
Public Transportation: Policy 8.2.1 states that the City shall coordinate with Tri-met to
provide a system that meets both the current and projected needs of the community.
Tri-met was an active participant in both phases of the Washington Square Regional Center
Plan. The amendments to the Comprehensive Plan regarding transportation, transit and other
alternative modes of transportation are based on comments and input from the Task Force.
FINDING: Based on the analysis above, the proposed amendments comply with the
applicable Comprehensive Plan standards and criteria.
Applicable Metro standards
2040 Growth Concept/Functional Plan
The Metro 2040 Growth Concept map identifies the Washington Square area as a regional
center. The 2040 Plan required Tigard to demonstrate how it could comply with the concepts of
the 2040 plan including housing and jobs. The Washington Square Regional Center Plan has
been adopted by the City Council but implementation was delayed until further study could be
done on several areas of concern including: transportation, parks and open spaces, natural
resources and storm water. The proposed amendments to the Comprehensive Plan and
Development Code are in response to the additional work done to complete the implementation
plan. Because the amendments are needed to fully address the regional center plan vision and
goals, the proposed changes support the regional center plan, the 2040 Plan and the Metro
growth concept. The elements of the Functional Plan that are applicable to these code
amendments are: Title 1, Title 3, and the Regional Transportation Plan. The remaining elements
of the functional plan do not apply to the proposed Development Code or Comprehensive Plan
changes. The Washington Square Regional Center Plan and original Development Code and
Comprehensive Plan changes were previously reviewed for compliance with the Metro
Functional Plan and findings made that confirmed the plan complies with the Metro standards.
Metro Functional Plan Title 1 — Requirements for Housing and Employment
Accommodations
Functional Plan policies in Title 1 seek ways to increase the capacity within the urban
growth boundary, such as changing local zoning to accommodate development at higher
densities in locations supportive of the transportation system.
While the proposed amendments allow for flexibility of development standards and density for
developments adjacent to natural resource areas, the City would continue to meet its target
population. The Washington Square Regional Center Plan provides an excess capacity "safety
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EXHIBIT C
net" for the City therefore, a possible reduction in density will not bring the City below its required
target populations.
Metro Functional Plan Title 3 — Water Quality, Flood Management, and Fish/Wildlife
Habitat Conservation protect beneficial uses and functional values of water quality and
flood management resources by limiting uses in these areas. Establish buffer zones
around resource areas to protect from new development.
As stated previously in this report, a portion of the Development Code is proposed to be
amended to allow flexibility for developments when they are adjacent to natural resource areas.
This is in addition to the City's, Clean Water Services (formally USA), state and federal
standards protecting natural resource areas. The Clean Water Services standards are intended
to comply with Metro's Title 3. The proposed amendments, therefore, do not conflict with Title 3
requirements.
Regional Transportation Plan — The RTP provides a regional plan for transportation
improvements and requires City's plans to be consistent. The RTP also provides plans
for Transit, TDM and pedestrian mobility. The RTP replaces Metro Functional Plan Title
6.
The proposed Comprehensive Plan amendments refine the necessary transportation
improvements based on the Task Force findings and provide for more multi-modal development
as policy in the Comprehensive Plan. The revised Comprehensive Plan language will continue
to encourage a safe, convenient and economic transportation system and is consistent with the
RTP.
FINDING: Based on the analysis above, the proposed amendments comply with the
applicable Metro standards.
SECTION VI. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS
The Regional Center Plan was reviewed by a 25 member Task Force which included
representatives from Washington County, Beaverton and Metro. In addition, staff sent request
for comments to the following agencies and staff for comments on the proposed amendments:
City of Tigard Engineering Department, Clean Water Services, Metro, Oregon
Department of Environmental Quality, Oregon Department of Fish and Wildlife, Oregon
Department of Land Conservation and Development, Oregon Department of
Transportation, Oregon Division of State Lands, Washington County, and the City of
Beaverton. No comments were received.
January 9, 2002
PREPARED BY: Julia Hajduk DATE
Associate Planner
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January 9, 2002
APPROVED BY: Barbara Shields DATE
Long Range Planning Manager
is\Irpin\julia\CPA\Washington square\wash sq. phase II CC staff report.doc
1-8-02 10:52 AM
CPA2001-00002/ZOA2001-00002 WASHINGTON SQUARE CODE AND COMPREHENSIVE PLAN AMENDMENT
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Attachment 1
To be included as Exhibit D to Ordinance
Supplemental findings to Staff Report
Statewide Planning Goals
The Washington Square Regional Center Plan and Comprehensive Plan and Development
Code changes to implement the plan were adopted by the City Council in March 2000.
Findings were made showing compliance with the Statewide Planning Goals in the staff
report adopted as an exhibit to the Ordinance (00-18) at that time. Those changes were not
challenged and are now deemed acknowledged. The findings made within this report
support the proposed amendments under consideration at this time and do not pertain to the
adoption of the Washington Square Regional Center Plan or Comprehensive Plan and
Development Code amendments previously approved.
The proposed amendments under consideration at this time are as follows:
The proposed Comprehensive Plan changes: 1.) Add findings of the section of the
Comprehensive Plan regarding the Washington Square Regional Center to reflect work of the
implementation plan; 2.) replace the transportation improvement strategy section that was
previously adopted with a more comprehensive strategy including pedestrian, bicycle, and
transit. The new transportation strategy is based on recommendation from the
(Transportation Technical Advisory Subcommittee) TTAS and Task Force; 3.) add language
in the locations criteria information to allow for additional mixed use sites such as the Durham
Quarry (adopted after the Washington Square Regional Center Plan in June, 2001); and 4.)
include language that provides for adjustments to development standards and minimum
density when necessary to avoid environmental impacts.
The proposed Development Code changes: 1.) amend 18.360 (Site Development Review,
18.370 (Variances and Adjustments), 18.520 (Commercial Zoning Districts), 18.630
(Washington Square Regional Center), and 18.760 (Non-Conforming Situations) to re-format
the adopted standards to fit into the existing Development Code and to clarify and cross
reference the standards throughout the code; and 2.) add text, based on the Task Force
recommendation, to allow for modifications to the dimensional standards and minimum
density requirements for developments abutting water resources areas.
Below is an analysis of applicability of each Statewide Planning Goal in relation to the
proposed amendments:
Statewide Planning Goal 1 — Citizen Involvement
This goal outlines the citizen involvement requirement for adoption of Comprehensive
Plans and changes to the Comprehensive Plan and implementing documents.
Analysis:
This goal has been met by complying with the Tigard Development Code notice requirements
set forth in Section 18.390. In addition, notice was mailed to all property owners within the
Washington Square Regional Center and within 500 feet of the regional center and notice
was published in the Tigard Times prior to the hearing. Two public hearings were held (one
before the Planning Commission and the second before the City Council) in which an
opportunity for public input was provided.
Conclusion: The proposed amendment process is consistent with this goal.
Statewide Planning Goal 2 — Land Use Planning
This goal outlines the land use planning process and policy framework. The
Comprehensive Plan was acknowledged by DLCD as being consistent with the
statewide planning goals.
Analysis:
The Development Code implements the Comprehensive Plan. The Development Code
establishes a process and policies to review changes to the Development Code consistent
with Goal 2. The City's plan provides analysis and policies, with which to evaluate a request
for amending the Code consistent with Goal 2. As discussed within this report and in the
original staff report, the proposed amendments comply with the Development Code and
Comprehensive Plan criteria.
Conclusion: The proposed amendments are consistent with this goal.
Statewide Planning Goal 3 —Agricultural Lands
This goal requires, in part, that adopted comprehensive plans be revised to preserve
and maintain agricultural lands.
Analysis:
This goal is not applicable to the proposed Comprehensive Plan and Development Code
amendments because the amendments do not affect any designated agricultural land.
Conclusion: This goal is not applicable.
Statewide Planning Goal 4— Forest Lands
This goal requires, in part, that adopted comprehensive plans be revised to preserve
and maintain forest lands.
Analysis:
This goal is not applicable to the proposed Comprehensive Plan and Development Code
amendments because the amendments do not affect any acknowledged forest lands.
Conclusion: This goal is not applicable.
Statewide Planning Goal 5 — Natural Resources
Requires the inventory and protection of natural resources, open spaces, historic
areas and sites suitable for removal and processing of mineral and aggregate
resources.
Analysis:
This goal is met because the proposed code amendment allows for flexibility of standards
when a project is adjacent to Natural Resources to protect resources above and beyond the
protections already in place on a local, regional, state and federal level. The City has
previously adopted the required inventories and protective measures and the changes
enhance the existing protective measures by allowing additional ways to protect resources.
Conclusion: The proposed amendments are consistent with this goal.
Statewide Planning Goal 6 — Air, Water and Land Resource Quality
This goal is intended to maintain and improve the quality of air, water and land
resources of the state by controlling waste and process discharges.
Analysis:
The mixed use nature of the Regional Center will help maintain and improve air, water and
land resources quality by reducing vehicle trips, miles traveled, providing denser
development patterns which maximizes land and provides a population density that supports
alternate modes of transportation such as transit, bicycling and walking. This will effectively
reduce air quality impacts. In addition, existing and proposed regulations for development
adjacent to natural resources will continue to provide protections of water quality. New
development adjacent to resource areas will in some cases be required to improve resource
areas in order to get approvals for any mitigation.
Conclusion: The proposed amendments are consistent with this goal.
Statewide Planning Goal 7 — Natural Disasters and Hazards
This goal is intended to protect life and property from natural disasters and hazards.
Analysis:
There are areas in the Regional Center that are in the 100 year floodplain and subject to
flooding. In addition, the area is identified (as is much of the Tigard area) as having a high
earthquake hazard. The relative hazard is based on factors of ground motion amplifications,
liquefaction, and slope instability. All new developments are required to be constructed in
accordance with accepted standards regarding earthquake safety, slides, etc_ In cases
where soil stability is a question, geotechnical reports may also be required. In regards to
floodplain and floodway issues, the City is currently in compliance with this goal and will
continue to be so because there are standards regulating development adjacent to and within
the floodplain which severely limit any development in the floodplains and require a "no net
increase" in the flood level. The City's Comprehensive Plan has been acknowledged by the
Department of Land Conservation and Development (DLCD) and the Development Code
implements the Comprehensive Plan. It should be stressed that any development will be
required to show that it is not resulting in an increase in flood level in order to do any
alteration of the floodplain. If alteration of the floodplain is proposed, the City regulations
require extensive engineering documentation, approval from Division of State Lands (DSL),
US Army Corps of Engineers and other regulating agencies, and a public hearing for any
alteration of the floodplain.
Conclusion: The proposed amendments are consistent with this goal.
Statewide Planning Goal 8 — Recreational Needs
This goal requires that the recreational needs of the citizens of the state and visitors
be considered and, where appropriate, to provide for the siting of necessary
recreational facilities including destination resorts.
Analysis:
This goal is not directly applicable to the proposed Comprehensive Plan and Development
Code amendments because the amendments proposed for adoption do not change any
zoning or standards applicable to recreation. The amendments are consistent with the goal
because the only amendment that relates in any way to this goal provides for reduction of
density and development standards for developments abutting water resource areas if
necessary to comply with resource protection regulations.
Conclusion: To the extent water resource areas serve recreational needs, the amendments
are consistent with the goal because they provide greater protections for those
areas.
Statewide Planning Goal 9 — Economic Development
This goal requires the provision of adequate opportunities for a variety of economic
activities.
Analysis:
The amendments proposed for adoption do not substantially change the zoning or uses from
the existing adopted text (adopted March, 2000). The existing Comprehensive Plan and
Development Code comply with Goal 9 by providing adequate opportunities for a variety of
economic activities. Those opportunities remain essentially intact. The only amendment that
could affect economic development in any way is the amendment which provides for
reduction of density and development standards for developments abutting water resource
areas if necessary to comply with resource protection regulations. Even with this
amendment, the Comprehensive Plan and Development Code still provide for a variety of
economic activities and providing additional protection of water resource areas will have
minimal effects on economic activities. There is an inherent tension between maximizing
protection under Goal 5 and maximizing economic development under Goal 9.
Conclusion: The Comprehensive Plan and Development Code, as amended, continue to
appropriately balance these goals by protecting natural resources while
encouraging economic development that has less impact on natural resources.
Statewide Planning Goal 10— Housing
This goal requires that plans encourage the availability of adequate numbers of
needed housing units at various price ranges and rent levels and allow for flexibility of
housing location, type and density.
Analysis:
The amendments proposed for adoption do not change the zoning, uses or density from the
existing adopted text (adopted March, 2000) except for the amendment which provides for
reduction of density and development standards for developments abutting water resource
areas if necessary to comply with resource protection regulations. The Comprehensive Plan
and Development Code, as amended, will continue to provide substantial opportunities for
housing units of various types and prices, including housing within the Washington Square
plan area. Goal 10 must also be balanced with Goal 5, and the plan and code as amended
balance the goals by protecting natural resources while allowing the development of housing
in areas that will have less impact on natural resources.
Conclusion: The Comprehensive Plan and Development Code, as amended, continue to
appropriately balance these goals by protecting natural resources while
allowing the development of housing in areas that will have less impact on
natural resources.
Statewide Planning Goal 11 — Public Facilities and Services
This goal requires planning and development of a timely, orderly and efficient
arrangement of public facilities and services to serve as a framework for development.
Required public facilities and services are to be provided at levels necessary and
suitable for existing uses.
Analysis:
The adoption of the Washington Square Regional Center Plan (March, 2000) included
adoption of the transportation plan and parks and open spaces plan. The Implementation
Plan components relating to these issues make additional recommendations to clarify the
plans already approved. These plans and the Tigard Transportation System Plan support the
existing land uses and the proposed land use and development potential in the Washington
Square Regional Center area.
Conclusion: The Comprehensive Plan and Development Code, as amended, continue to
comply with this goal by requiring coordination of development and the
provision of public facilities and services.
Statewide Planning Goal 12 -Transportation
This goal is intended to provide and encourage a safe, convenient and economic
transportation system. This Goal is implemented by Oregon Administrative Rule 660-
12, which is also known as the Transportation Planning Rule (TPR). Section 660-12-060
states that plan amendments which significantly affect a transportation facility shall
assure that allowed land uses are consistent with the identified function, capacity, and
level of service of the facility.
Analysis:
The proposed amendments will not significantly alter the planned improvements previously
approved. The amendments refine the necessary transportation improvements based on the
Task Force findings and provide for more multi-modal development as policy in the
Comprehensive Plan. The revised Comprehensive Plan language will continue to encourage
a safe, convenient and economic transportation system and will continue to assure that
allowed land uses are consistent with the transportation infrastructure. The mixed use nature
of the Regional Center, which is unaffected by the amendments, will reduce vehicle trips and
miles traveled by providing denser development patterns and provide a population density
that supports alternate modes of transportation such as transit, bicycling and walking, thereby
improving the efficiency of the transportation system. The amendments have little effect on
transportation.
Conclusion: The Comprehensive Plan and Development Code, as amended, continue to be
consistent with this goal.
Statewide Planning Goal 13 — Energy Conservation
This goal requires that land and uses developed on land shall be managed and
controlled so as to maximize the conservation of all forms of energy, based upon
sound economic principles.
Analysis:
The amendments proposed for adoption do not change the zoning or uses from the existing
adopted text except for the amendment which provides for reduction of density and
development standards for developments abutting water resource areas if necessary to
comply with resource protection regulations. The mixed use nature of the Regional Center
will reduce vehicle trips and miles traveled, and provide a population density that supports
alternate modes of transportation such as transit, bicycling and walking. These previously
adopted provisions promote energy conservation and the amendments do not change these
benefits.
Conclusion: The Comprehensive Plan and Development Code remain consistent with this
goal.
Statewide Planning Goal 14— Urbanization
This goal requires the orderly and efficient transition from rural to urban land use.
Analysis:
This goal is not applicable because the urban growth boundary and transition from urban to
rural zoning is not part of the proposed Comprehensive Plan and Development Code
amendments. The areas affected by the amendments are already urban.
Conclusion: This goal is not applicable.
Statewide Planning Goal 15—Willamette River Greenway
Required protection, conservation and enhancement of lands along the Willamette
River Greenway.
Analysis:
The Washington Square Regional Center is not within the Willamette River Greenway,
therefore, this goal does not apply.
Conclusion: This goal is not applicable.
Statewide Planning Goal 16— Estuarine Resources
This goal requires recognition and protection of unique environmental, economic and
social values of each estuary and associated wetlands and, where appropriate,
protect, maintain and restore the long-term environmental, economic and social values
diversity and benefits of Oregon's estuaries.
Analysis:
The Washington Square Regional Center does not have any estuaries, therefore, this goal
does riot apply.
Conclusion: This goal is not applicable.
Statewide Planning Goal 17 — Coastal Shorelands
This goal requires conservation, protection and, where appropriate, restoration of
coastal shorelands.
Analysis:
The Washington Square Regional Center is not located at the beach or along a coastal
shoreland, therefore, this goal is not applicable.
Conclusion`. This goal is not applicahle_
Statewide Planning Goal 18 — Beaches and Dunes
This goal requires conservation, protection, and where appropriate, restoration of
coastal beaches and dunes.
Analysis:
The Washington Square Regional Center is not located at the beach and there are no dunes
within the Regional Center, therefore, this goal is not applicable.
Conclusion: This goal is not applicable.
Statewide Planning Goal 19 —Ocean Resources
This goal requires conservation of the long-term values, benefits, and natural
resources of the nearshore ocean and the continental shelf.
Analysis:
The Washington Square Regional Center is not located at the beach or along a coastal
shoreland, therefore, this goal is not applicable.
Conclusion: This goal is not applicable.
FINDING: Based on the analysis above, staff finds that the proposed amendments are
consistent with all applicable Statewide Planning Goals.
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