Ordinance No. 07-12 QTY OF TIGARD, OREGON
TIGARD QTY COUNCIL
ORDINANCE NO. 07-
AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE
(DCA2007-00001) CHAPTERS 18.330 - CONDITIONAL USE AND 18.510 - RESIDENTIAL
ZONING DISTRICTS, SPECIFICALLY TO ALLOW MAJOR EVENT ENTERTAINMENT AS
A CONDITIONAL USE ON PUBLIC SCHOOL SITES WITHIN ALL RESIDENTIAL ZONES
AND ADD ADDITIONAL DEVELOPMENT STANDARDS FOR THE USE AND
DECLARING AN EMERGENCY.
WHEREAS,the Tigard City Council directed Staff to prepare a Development Code Amendment to
allow Major Event Entertainment uses such as community theatre on school sites; and
WHEREAS, these uses may have adverse impacts on residential areas and it is therefore necessary
to require a Conditional Use permit and additional limitations on school sites; and
WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days
prior to the fust scheduled public hearing; and
WHEREAS, the Tigard Planning Commission held a public hearing on May 7, 2007, and
recommended approval of the proposed amendment with a 8-0 vote; and
WHEREAS, notice of the public hearings was published in the Tigard Tunes Newspaper at least 10
business days prior to the public hearings; and
WHEREAS, the Tigard City Council finds that the individual Major Event Entertainment uses can be
further restricted through the Conditional Use process in order to protect livability of residential
neighborhoods, while providing cultural opportunities for the citizens of Tigard that may not
otherwise be available; and
WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and
Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or
regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan
Policies; and any applicable provisions of the at-/s implementing ordinances; and
WHEREAS,the City Council has found the following to be the applicable review criteria: Community
Development Code Chapters 18.330, 18.380, 18.390 and 18.510; Comprehensive Plan Policies 1, 2
and 6; The Metro Urban Growth Management Plan Titles 1, 8 and 12; Metro Regional Framework
Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1,2 and 10; and
WHEREAS,the Tigard City Council held a public hearing on June 12, 2007 to consider the proposed
amendments; and
ORDINANCE No.07-
Page 1
WHEREAS,the Tigard City Council has determined that the proposed development code amendment
is consistent with the applicable review criteria, and that approving the request would be in the best
interest of the City of Tigard.
NOW, THEREFORE, THE QTY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are
hereby adopted and approved by the City Council.
SECTION 2: In order-to encourage the timely development of cultrual activities an emergency is
declared and this ordinance shall tape effect upon passage by the Council, signature
bythe Mayer, and posting bythe City Recorder.
PASSED: By u ji am yrous voa of all Co cil members present after being read by
number and title only,this I day of j 1 2007.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of )2007.
Craig -ksen,Mayor
Approved as to form:
-V�
Attorney
4u,ru �a a)'
DatdJ
ORDINANCE No. 07-
Page 2
EXHIBIT A
DCA2007-00001
ENTERTAINMENT—ORIENTED USE CODE AMENDMENT
April 2007
Explanation of Formatting
These text amendments employ the following formatting:
[Bold, Underline and Italic] —Text to be added
Proposed code language is as follows:
TABLE 18.510.1
USE TABLE
USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40
Schools C13 C13 C13 C13 C13 C13 C13 C13
'Permitted as a conditional use on public school sites.
CHAPTER 18.330
CONDITIONAL USE
13. Major Event Entertaitunent:
a. The mitutrnttn lot size shall be two acres;
b. Setbacks:
(1) The front yard setback shall be a nlinirtiurn of 30 feet;
(2) On corner lots and through lots, the setback shall be a minimum of 25 feet on any side
facing a street, plus meets visual clearance areas, Chapter 18.795;
(3) The side yard setback shall be a mit1itnum of 25 feet;
(4) The rear yard setback shall be a minitnuun of 30 feet; and
(5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet.
c. Wid1 regard to off-street parking: Exempt,if constructed with a school use for school activities only.
Otherwise,requirements shall comply with Section 18.765;
d. On school sites the use mast be within existing buildings of 10,000 square feet or greater.
Expansions based on the original square footage, up to a maximum of 50% are allowed.