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Ordinance No. 72-35 f f CITY OF TIGARD, OREGON ORDINANCE NO. 72-35 I AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 70-32 - ''CITY OF TIGARD ZONING ORDINANCE OF 1970" - TO INCLUDE THEREIN CHAPTER 105 - SITE DEVELOPMENT PLAN REVIEW, INCIDENT TO ISSUANCE OF BUILDING PERMITS WITHIN A-2, C-3, C-•4, C-5, C-P, M-2, h1-3 AND M-4 ZONES AND CONDIT'I'ONAL USES THEREOF, PRESCRIBING PROCEDURES, PRESCRIBING EFFECTIVE DATE AND DECLARING AN EMERGENCY.__ _ THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The City Council :finds that pursuant to Chapter 227 ""-""" ORS and Ordinance No. 70-32 - "City of Tigard Zoning Ordinance of 1970" - the hereinafter amendments to sai- zoning ordinance, after due a;' legal notice, were submitted to public hearing by the City Plannia,d Commission on March 21, 1972 and the Council thereafter recommended that said zoning ordinance be amended as hereinafter set forth. Section 2: The Council finds that after due and legal notice a g public hearing was held by the City Council on April 10, 1972 and continued to May S, 1972 whereat all interested persons were afforded an opportunity to be heard with respect thereto, and the Council further finds that all legal and proper actions have been taken and conditions precedent fulfilled with respect to the amendments to the City's zoning ordinance as here- inafter set forth. Section 3: That Ordinance No. 70-32 - "City of Tigard Zoning Ordinance of'197011, be, and the same is hereby, amended and supplemented to add thereto the following: "CHAPTER 105 - SITE DEVELOPMENT PIAN REVIEW" CHAPTER 105 - SITE PLAN REVIEW In the A-2, C-3, C-4, C-5, C-P, M-2, I4-3 and M-4 zones, and for con- ditional uses within all zones, building permits and certificates of occupancy shall be isaued in accordance with a site development plan approved by the Planning Commission, or a Subcommittee of the Planning Commission, for the lot or tract on which the proposed use, uses or major remodelings and additions are to be located. Section 105-1 Purpose The purposes and objectives of the site plan review authority by the Planning Commission are to: a. Bring the proposed development into conformance with the standards and policies of the adopted Tigard Community Plan; b. Encourage originality, flexibility, and innovation in site planning and development; c. Conserve the City's natural beauty and visual character by'insuring that structures, signs and other improvements are properly related to their sites, and to surrounding sites and structures; Page 1 - ORDINANCE No. 72- 5 k d, Protect and enhance the City's appeal to tourists and visitors and thus support and stimulate business and industry and promote the desirability of investment and occupancy in business, commercial and industrial properties; e. Stabilize and improve property values and prevent blighted areas and, thus, increase tax revenues; f„ Achieve the beneficial influence of pleasant j environments for living and working on behavioral patterns and, thus, decrease the cost of governmental services; g. Foster civic pride and community spirit so as to improve the quality and quantity of citizen participation in local government and in community growth, change and improvement, and to attract new residents by reason of the City's favorable environ- went. Section 105-2 Procedure A prospective applicant for a building permit or certificate of occupancy whose site is subject to development plan review shall submit to the City Planning Commiszion a site development plan which includes the following elements; a. A site plan, drawn to scale, showing topography and final grading, the location of all buildings and structures, signs, uses, driveways, pedestrian walks, landscaped areas, fences, walls, off-street perking and loading areas, and railroad tracks. The site plan shall indicate the location of entrances and exits and the direction of traffic flow into and out of off-street parking and loading areas, the location of each parking space and each loading berth and areas of turning and maneuvering vehicles. The site plan shall also indicate how utility service and drainage are to be provided; b. A. general site plan, showing adjoining properties, streets, buildings, driveways, and other improvements; c. A landscape plan, drawn to scale, showing the location of existing -trees proposed to be removed and to be retained on the site, the location and design of landscaped areas, the varieties a-rid sizes of trees and plant materials to be planted on the site, other pertinent landscape features, and irrigation systems required to maintain trees and plant materials; d. Architectural drawings or sketches, drawn to scale, and all elevations of the proposed structures and other improvements as they will appear on completion of construction. Section 105-3 Site Development Requirement: 105-3.1 A-2, Multi-Family Residential Zone a. Useable Open Space and Recreation Areas An area or areas lor uses a open space and recrea- tional purposes shall be provided in multi-family developments. A minimum, of two-hundred (200) square feet of recreation area shall be provided for each of the first twenty (20) dwelling units; two-hundred fi tk (250) square feet for units twenty-one (21) through thirty (30); and three-hundred (300) square feet for each unit over thirty, (30). The surface area of recreation buildings, including swimming Page 2 ORDINANCE No. 72- r" pools, may be included in computing the minimum sine of the area. Recreation areas shall not be located in required yards, parking or maneuvering areas. ( Table For Computing Multl-Family Open Space Requirements: Dwelling Units Minimum Square Feet 10 2,000 20 4,000 30 6,500 40 9,500 50 12,50b 60 15,500 b. landscaping and Screenin j areas n an apar went complex not occupied by structures, paved roadways, walkways or patios shall be landscaped and maintained. The .front 12 feet from the street right-of-way shall be .land- i scaped to include evergreen shrubs or a combing- tion of lawn, evergreen or deciduous shrubs and i trees, and/or perennial or annual flowers. 2. Landscaping and other improvements shall be established and maintained to provide an attractive t setting and privacy for the occupants, including buffers or other improvements which shall effectively i screen the development from any adjoining single { family dwellings. 3. All off-street parking and maneuvering areas shall . be substantially screened from view on the public right--of-way by evergreen shrubs. Tree and shrub plantings within parking areas shall be provided and maintained at approximately 70 feet on center each way. (See Figure 1). 4. landscaping shall be installed prior to issuance of occupancy permits, unless security equal to the cost of the landscaping as determined by the City Planner is filed with the City assuring such installation within six months after occupancy. } "Security" may consist of a faithful performance bond payable to the City, cash, certified check or f such other assurance of completion approved by the City Attorney. If the installation of -the landscaping is not completed within the six-month period, the security may be used by the City to i complete the installation. 5. All landscaping shall be continually maintained in a substantially similar manner as originally approved by the Planning Commission, unless altered with Commission approval. 105-3.2 C-3, General Commercial and C-4, Neighborhood Commercial Zones a.. Landscaping and-Screening ree am-d-s-h-r-uV—plantings within parking areas shall be provided and maintained at approximately 70 feet on center each way. (See Figure 1). 2. All arses not occupied by paved roadways, structures, or walkways shall be landscaped. A minimum of the .front 10 feet from the street right-of-way shall be landscaped. i Psge 3 - ORDINANCE No. 72.35 3. Not less than 10% of the total lot area shall be lcndscaped. 4. installation and maintenance of landscaping shall comply with the requirements of Section 105-3.1-b. (4) and (5). 105-3.3 C-S, Limited Neighborhood Cem— rcial and C-P, Commercial :. Professional Zones �._ a. Landsca ing and Screening,rug1:firee anshruoi an•tings within parking areas shall be provided and maintained at approximately 70 feet on center each way. (See Figure 1) 2. All areas not occupied by paved roadways or walk- ways shall be landscaped. A minimum of the front 10 ,feet from the street �­?ght-of-way shall be landscaped and maintained. 3. Other landscaping shall conform to the minimum standards designated within Chapter 155 and 156 of the Zoning Ordinance. 4. Installation and maintenance of landscaping shall comply with the requirements of Section 105-3.1-b. (4) and (5). 105-3.4 M-2, General Industrial and M--3, right Industrial and M-4, Industrial Park Zones ,Al+ a. Landsca.yin and Screenin ^ee an shruD plantings within parking areas shall be provided and maintained at approximately 70 feet on center each way. (See Figure 1) 2. All areas not occupied by paved roadways, structures, or walkways shall be landscaped. A minimum of the front 20 feet shall be landscaped to include any or a combination of any of the following: lawn, evergreen or deciduous -trees or shrubs, and perennial or annual flowers. 3. Other landscaping within the M-4 zone shall conform to the minimum standards designated within Chapter 180 of the Zoning Ordinance. 4. Installation and maintenance of landscaping shall comply with the requirements of Section 105•-3.1-b. (4) and W. 105--3.5 Addition— Standards a. All utility service lines shall be placed underground. Section 105-4 Action and Findings a. In reviewing the proposed site development plan the Planning Commission shall consider the purposes and standards of the Zoning Ordinance and Community Plan with a view to achieving a maximum of safety, convenience and amenity for the subject property and adjoin3.ng;' properties. To these ends the Planning Commission shall consider the location of buildings, parking areas, and other features with respect to the topography of the lot and its existing, natural features such. as trees and slope, the efficiency, adequacy and safety of the proposed layout of internal ^tr _ts Ari r ays tho .deq,lacy y G 41 Ct 40 or.� r. ....y e, __, and location of the green area provided, bearinginmind the possible effects of irregularly-shaped lots; the adequacy, location and screening of parking lots; and the adequacy of covenants, agreements or other specific documents concerning -the ownership and maintenance of any common land. Page 4 - ORDINANCE No.. 72-0 b, If the planning Comfinds that a proposed site development plan does not :meet the purpos ndes f shall e regulations, it shall disapprove thheetPlather with reasars submit its findings in writing, t to the applicant. t Section 205-5 Extairation a. A Site development plan approved by the Planning Cam' s - � mission shall remain valiiddfcr a period of one at the year drof that following the date of PP" time construction has not begun, then said site plan rppraval shall lapse and shall be in effect only if resubmitted to the Planning- Commission and again an approved. ermftashall begin accordancepwith hement eapproved building p sito develnpmerit plan. Any departure from such plan shalS be a cause for reancation of ermi.t.a Any proposed changes 3 or a denial of an occupancy ermit P t in an approved plan shall be submitted to the Planning Commission for review and approval. Site developmentts, shall be complete before issuance of occupancy p unless an exteneion of no longer th&n 6 months is granted by the Planning Commission. Section 105-6 Appeals The a plicant for site development plan approval shall have the right to SPP Commission P appeal the decision of the Planning to the City Council. The Council shall review he entire record of said application and may affirm, modify or establish such other or additional conditions to the decision as it may deem appropriate regarding such application consistent with the intent of the Zoning Ordinance. section 4: Inasmuch as it is necessary for thepeace, Tigard thattthend safety of the people of the C' `y zoning matters as hereinabove set forth be established with 'the possible delay to thereby curr^ruly maintain the legislative least poss integrity ib the City's Zoning Ord_. '.t.4es, an emergency is hereby declared ;,o exist and this ordinance shall beMeffective upon its enactment by the Council and app Y h PASSED: By u€ �gs vote of all Council members present, after eang read three times by number and title only, this 12�71 day of Jun __._..._,_._-_ 1972• Recor day of June �_ , 1972. i APPROVED; By the Mayor, this "�! cyo y a Page 5 ORDINANCE No. 72-15