Ordinance No. 02-18 CITY OF TIGARD, OREGON
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ORDINANCE NO. 02- ILL
AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY
DEVELOPMENT CODE CHAPTER 18.350 SECTION 100(B)(2) AND CHAPTER 18.790 SECTION
040(A)(1) TO RESTRICT DENSITY BONUS INCENTIVES FOR PRESERVING TREES OR OPEN
SPACE IN FLOODPLAINS, STEEP SLOPES, DRAINAGEWAYS, AND WETLANDS
THROUGHOUT THE CITY OF TIGARD.
WHEREAS, the City of Tigard City Council initiated a Zone Ordinance Amendment to address density
bonus incentives granted in Planned Development projects involving sensititive land areas, such as
floodplains, steep slopes, drainageway and wetlands, and to limit the ability to seek density bonuses for
providing open space and preserving trees in these areas; and
WHEREAS, the City of Tigard Planning Commission held a public hearing on April 22, 2002 and
recommended approval of the proposed amendment by motion and an unanimous vote in favor; and
WHEREAS, the City Council held a public hearing; on the request on May 28, 2002 and indicated they
were supportive of the proposed zone change and directed staff to prepare langauge and an. Ordinance for
Council review and approval; and
WHEREAS, the City Council determined that the proposed language adequately addressed concerns
regarding protecting sensitive land resources as well as continuing to provide suitable incentives for
providing open space and preserving trees; and
WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines
adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found
applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any
applicable provisions of the City's implementing ordinances; and
WHEREAS, the City Council has found the following to be the only applicable review criteria:
Community Development Code Chapters 18.380, 18.390 and 18.765; Comprehensive Plan Policies
1.1.1, 2.1.1, 2.1.2, and 2.1.3; The Metro 2040 Plan; and Statewide Planning Goals 1, 2, 5 and 10; and
WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent
with the applicable review criteria and that approving the request would be in the best interest of the City
of Tigard.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The specific text amendements attached as "EXHIBIT A-1" to this Ordinance are hereby
adopted and approved by the City Council.
ORDINANCE No. 02A
Page 1
SECTION: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder.
PASSED: By Upja 17Y1`pU5vote of all Council members present after being read by number
and title only,this a�day of '2002.
rine Wheatley, City Rec rder
APPROVED: By Tigard City Council this c. day of ,2002.
J es E. Grif h,Ma
Approved as to form: ?
1 _
Attorney
Date
ORDINANCE No. 02-11
Page 2
Lxhlblt A - 1
ZOA 2002-00001
PLANNED DEVELOPMENT DENSITY BONUS LIMITATION AMENDMENT
PROPOSED DEVELOPMENT CODE: TEXT CHANGES
ADDITIONS: Indicated by UNDERLINE&SHADING
(Additionally,a bar in the far right margin also indicates Where a change has been made. Example: I )
Planned Developments 18.350
18.350.100 Approval Criteria
B. Specific planned development approval criteria. The Commission shall make findings that
the following criteria are satisfied when approving or approving with conditions,the concept
plan. The Commission shall make findings that the criteria are not satisfied when denying an
application.
2. Except as noted,the provisions of the tollowing chapters shall be utilized as guidelines. A
planned development need not meet these requirements where a development plan
provides alternative designs and methods,if acceptable to the Commission,that promote
the purpose of this section. In each case, the applicant must provide findings to justify the
modification of the standards in the chapters listed in Subsection 3 below. The developer
may choose to provide or the commission may require additional open space dedication
and/or provision of additional amenities, landscaping or tree planting.
a. Chapter 18.715,Density Computation and Limitations. Unless authorized below,
density shall be governed by the density established in the underlying zoning district.
The Commission may further authorize a density bonus not to exceed 10% as an
incentive to increase or enhance open space,architectural character and/or site
variation incorporated into the development.These factors must make a substantial
contribution to objectives of the planned development. The degree of distinctiveness
and the desirability of variation achieved shall govern the amount of density increase
which the Commission may approve according to the following:
(1) A maximum of 3% is allowed for the provision of undeveloped common
space exclusi�7e of areas contained in floodplain, Slopes ( reater than 25°«,
draanagew� s,or wetlands that would othc�iwise be precltedeil from
development;
(2) A maximum of 3% is allowed for landscaping;streetscape development;
developed open spaces, plazas and pedestrian pathways and related
amenities;recreation area development; and/or retention of existing
vegetation;
(3) A maximum of 3% is allowed for creation of visual focal points;use of existing
physical amenities such as topography,view,and sun/wind orientation;
(4) A maximum of 3% quality of architectural quality and style;harmonious use
of materials;innovative building orientation or building grouping; and/or
varied use of housing types.
Tree Removal 18.790
18.790.040 Incentives for Tree Retention
A. Incentives.To assist in the preservation and retention of existing trees, the Director may
apply one or more of the following incentives as part of development review approval and
the provisions of a tree plan according to Section 18.790.030:
1. Density bonus. For each 2% of canopy cover provided by existing trees over 12 inches in
caliper that are preserved and incorporated into a development plan,a 1% bonus may be
applied to density computations of Chapter 18.715. No more than a 20% bonus may be
granted for any one development. The percentage density bonus shall be applied to the
number of dwelling units allowed in the underlying zone.,--This bonus is not ap hcablc to
treee" preserved in areas of floodpl<ui� of�es rrcatcr Mian 25%, draina��eNvaYs,or
wetlands that would otherwise be. precluded from dcKe[of7ment-