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Ordinance No. 77-25 i CITY OF TIGARD, OREGON ORD1NA1gCE NO. 77-25 AN ORDINANCE AMENDING ORDINANCE N0. 70-32, ENTITLED "CITY OF TIGARD ZONING ORDINANCE OF 1970," AS AMENDED AND AS CODIFIED AS TITLES 18 OF THE TIGARD MUNICIPAL CODE AND ORDINANCE NO. 68-48 ENTITLED "CITY OF TIGARD SUBDIVISION ORDINANCE OF 1968, " AS ATTENDED AND AS CODIFIED AS TITLE 17 OF THE TIGARD MUNICIPAL CODE, REVISING PROCEDURES FOR REVIEIV OF ZONE CHANGES, MINOR AND MANOR LAND PARTITIONS, SUBDIVISIONS, SITE DEVELOPMENT AND ARCHITECTURAL DESIGN REVI0,1 PRESCRIBING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. ! THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: City Council finds that pursuant to ORS 227, Ordinance 70-32 "City of Tigard Zoning Ordinance of 1970" and ORD 68-48 "City of. Tigard Subdivision Ordinance of 1968" hereinafter stated amendments to said zoning and subdivisions ordinance after due and legal notice was submitted by public hearing by the City Planning Commission on April 5, 1977 date and to City Council thereafter recommended that said zoning and subdivision ordinances be amended is hereinafter set forth. Secy: Council further finds that after due and legal notice public hearing was held by the City Council on. April 11, 1977 whereat all interested persons were afforded an opportunity to be heard with respect thereto and, conditions presided fulfilled with respect to the following amendments to the City Zoning and Subdivision Ordinance. r% Section 3: The Council further finds that the purpose for these amendments is to protect the public health, safety and general welfare and further more said amendments serve to implement the City's Comprehensive Planning objectives and policies, and to effect efficient and objectible procedures to be followed in land use matters. Section 4: That Chapter 18.92.020 of the Tigard Municipal Code be 1 amended to read as follows: fi "Section 18.92.020 Appeal to the City Council. > , (a) An action or :euling of the Planning Commission authorized by this title may be appealed to the City Council within 15 days after the Commission has rendered its decision ` by filing written notice with the City Recorder. Notice of $' appeal shall state the name or names of the petitioner, date and action of the Commission being challenged and the reasons for such an appeal, a fee may be established by the City Council a; to defray the cost of preparing a ver=batim transcription of the Commission hearing. If no appeal is taken within the 15 day period, the decision of the Commission shall be final. If an appeal is filed, the Council shall receive a report and recommendation from the Planning Commission and a verbatim transcript of the hearing before the Commission and shall hold a hearing on the record established before the Planning Commission. Notice of the public hearing shall by by one publication in a newspaper of general circulation in the City, not less than 5 days and not more than 10 days prior to the date of the hearing. (b) The City Council shall have the power to call up any action or ruling of the Planning Commission .for hearing and review by the City Council. In any instance in which the Council exercises its power to call up a legislative matter,,; the Council shall decide at the time i.t suets the matter for public hearing whether new testimony shall be received, or the matter heard on the record as in appeals pursuant to Paragraph (a) above. If new testimony is to be allowed, the notice of public hearing shall be written so as to inform the public of that fact." Section 5: That Chapter 18.88.060 be amended to read as follows: 1118.88.060 Hearing City Council. t (a) Following the prescribed hearing before the t Planning Commission a written report containing the findings and recommendations of the Planning Commission as embodied in f' ordinance form shall be forwarded to the City Council by the City Recorder. (b) Upon receipt of the Planning Commission recommendation the City Council shall act to confirm, reverse, modify, or remand the matter back to the Planning Commission for further testimony, or the City Council may set a time for hearing before the City Council. If the matter is "judicial" or "quasi-judicial" in character, the hearing shall be held on the record, that is, no new testimony shall be taken. If the matter is "legislative" in character, the Council may take additional testimony at the i time set for public hearing, or may decline to take new testimony." Section 6: That title 18.56.048 subsection (b) be amended to read as follows: f 3 "Actions by the Planning Commission in granting approval shall be forwarded to the City Council in ordinance form according to the provisions of Chapter 18.88. A Planning Commission action to deny the application may be appealed to the City Council as } provided in Chapter 18.92." Ordinance No. 77-25 Page k t Section 7: That Chapter 18.84.071 be amended to read as follows: 111 .84.071 A eoLLcil. A party aggrieved by the ac ion o xe ann ng ocin hearings officer or any person to whom notice of the hearing was set pursuant to Section 18.84.051 may appeal such approval or denial to the City Council. The Council may on its own motion review any action taken by the Planning Commission or by the hearings officer. Any appeal here- under shall be subject to provisions of Chapter 18.92. In accordance with the procedures set forth in this Title 17, the City Council shall hold a hearing with respect to the appeal on the application as set forth in the transcript of the hearings the written findings of the Planning Commission or of the hearings officer, and the action proposed be taken by the Planning Commission, hearings officer with respect to the proposed use of the land. The City Council shall determine the matter on the basis of the record previously developed. The City Council may amend, rescend, or affirm any action previously taken either by the Planning Commission or the hearings officer." Section 8: That Chapter 17.16.100 be amended to read as follows: 17.16.100 Tentative Approval. "within 60 days of the date of submission of the preliminary plat the Planning Director or his agent will review the plan and reports of the agencies listed in section 17.17.090 and may give tentative approval of the preliminary plat as submitted or it may be modified; or if disapproved shall express the Planning Director's disapproval and reasons therefore. No tentative plan for a proposed subdivision and no tentative plan for a major partition shall be approved unless: IM Ordinance No. 77-25 Page: r i (1) Streets and roads are laid out so as to conform to approved the plats of subdivisions ormaps of majorpartiti ns alread all other for adjoining property as to width, general respects, unless the city determines it to be in the public interest to . modify the street or road pattern.; (2) Streets and roads held for private use are clearly in- dicated on the tentative plan and all reservations or restrictions relating to such private roads and streets are set forth thereon; (3) The tentative plan complies with the comprehensive plan and applicable zoning regulations of the city then in effect; (4) No tentative plat of a subdivision or map of a major roved unless there will exist adequate quantity partition shall be app, diposal and quality of water taid an addescribed���inethesproposedsplat o support the proposed Prior to approval of any tentative plan of any subdivision or major partition, the planning director shall coordinate his review thereof with all affected city, county, state and federal agencies and all affected special districts. Where it appears that the proposal affects jurisdictional interests of any public body other than the city, theproceedings enable anyshall such affecteddagencyfor ut period owfnecessary time as � ort thereon. consider the proposal and rep Following receipt of written comments from agencies as listed in 17.16.090 the Planning Director, Director of Public s, and Building official shall review the concerns of the affecctedtedagencies as well as other applicable city regulations rec plat ommend t ptrovheal, disapproval or modification of the proposed Planning Director :for use in his final determination. The action of the Planning Director shall be noted on two copies of the preliminary plat including reference to any attached documents describing any conditions or restrictions, and one copy ll be retl -I LLcd to the anpli.cant and one retained in the ofr�+eonfin shaords of the Planning Director s letermi. __ city Recorder with rec which the action was taker_." Section 9: That Sections 17.24.030 be amended to read as follows: "17.2.4,030 Sketch Map Submission to Planning DirDirector.for A A Sketch map shall be submitted to the Planning and determination of the propose Plan an pr visionsd minor land nofhTitle217 consistent with the Comprehensiveproposal includes or and 18 of the Tigard Municipal Code. If the prop should the Planning Director reof land and quire the�poposalthe ishall�not be processed easements for roads or as a minor land pofrtiobutthisntiitlem�itherespecte'toumadoronly r '.;.sbmeland ppursuant to artition the requirements or subdivision." Ordinance No. 77-25 Page 4 r Section 10: That Chapter 18.58 and 18.59 be amended in full as follows: "Chapter 18.58 DESIGN REVIEtxI 18.58.010 Intent and Purpose The intent and purpose of Design Review is to promote the general welfare by encouraging attention to site planning and giving regard to the natural environment, creative project design and the character of the neighborhood or area. A. It is in the public interest and necessary for the promotion of the safety, convenience, comfort and prosperity of the citizens of the City of Tigard. (1) To preserve and enhance the natural beauties of the land and of the man-made environment, and enjoyment thereof: (2) To maintain and improve the qualities of, and relation- ships between individual buildings, structures, and the physical developments which best contribute to the amenities and attractiveness of an area or neighborhood; (3) To protect and insure the adequacy and usefulness of public and private developments as they relate to each other and to the neighborhood or area. (4) To insure that each individual development provides for a quality environment for the citizens utilizing that development as well as the community as a whole. B. In order to prevent the erosion of natural beauty, the decay of environmentc.l amenities and the dissipation of both usefulness and function, it is declared necessary: (1) To stimulate creative design for individual buildings, groups, of buildings and structures, and other physical developments; (2) To encourage the innovative use of materials, methods and techniques; (3) To integrate the functions, appearances and locations of buildings- and improvements so as to best achieve a balance between privateprerogatives and preferences, and the public interest and welfare. Ordinance No. 77-25 Page 5 g ,� f 18.58.020 ADMINISTRATION A. Action: Within 30 days of receipt of Design Plans in conformance with all aspects of the Tigard Municipal Code the Planning Director or his agent shall approve, disapprove or approve with conditions all Design Review Plans required by this chapter, except as may be other- wise provided under Section 18.58.040. B. Findings: Action by the Planning Director or his agent shall be based upon written findings pursuant to the criteria of Chapter 18.58.060D. C. Appeal: Action of the Planning Director or his agent may be appealed to the Design Review Board by the applicant or adjacent property owner provided: a. The appellant deliver to the Planning Director a written notice of appeal, stating his reasons for appeal based upon the criteria of Chapter 18.58. b. Said written notice of appeal is received by the Planning Director within fifteen (15) days of the applicant's receipt of n,.%tice of action by the Planning Director or his agent. D. Decision.: The decision of the Design Review Board shall be final order subject to the provisions of 18.92 of the Tigard Municipal Code. E. Fee Required: At the time of the filing of the application for approval of a Design Review Plan, the applicant shall pay a fee to be determined by resolution of the City Council. A request for modification of an approved Design Plan, Pursuant to Sections8.58.06u (a) (3) shall be accompanied by a fee as prescribed by Resolution of the City Council. 18.58.030 Applicability Except for single family dwellings, no building permit or -certificate of occupancy shall be issued except in conformance with Chapter 18.58. All new buildings, structures and physical improvements and relocation, addition, extension and exterior changes of or to existing buildings, structures and physical Improvements shall fi be subject to design review including preparation of a design plan, except as otherwise provided by Section 18058,040, �. The term " physicalimprovement" not limited to as used herein includes, but is Parking lot areas in excess of three spaces and loading areas, retaining walls, signs, and out and fill or r grading actions. P Ordinance No. 77-x25 Page 6 ` y 18.58.040 Conditional Applicability i The Planning Commission or City Council may, as a condition ' of approval for a Zoning Ordinance amendment, subdivision approval, or conditional use approval, require conformance to the requirements of Chapter 18.58 and may specify Design approval authority. F. Final Plan: Following approval of the Design Plan the applicant shall prepare final plans incorporating all aspects of the Design Review Plan approval and file four copies with any f necessary documents with the Planning Director. The Planning Director will check the plans for conformance with Plan approval. If the final plans ar found to befti .compliance it shall be so certified by the Planning Director's signature. A copy of the certified plans will be distributed to the applicant, Director of Public Works, Building Official and e, a copy placed on file with the Planning Department. 18.58.50 Matters Exempt Single family detached dwelling structures and accessory''" physical improvements, except as may be required pursuant to section 18.58.040 are exempt from Design Revievr. 18.58.060 Design Review Procedure A. Conformity to Site Plan 4 1. No building permit, grading permit, parking permit or sign permit shall be issued, nor any use commence or be enlarged, changed or altered until a design review plan, as required under Chapter 18.58 is approved by the Planning Director or his agent, or as may be prescribed ; pursuant to Section 18.58.040. '. As may be dvte-. ,tined by the Plan~„g Director or his agent, a grading permit, parking permit or sign permit may be approved after preliminary consultation, with an applicant, provided adequate evidence and findings india nate compliance with the intent and purpose of Section 3. The Planning Director may approve changes in approved �r design plans when he detenines the changes will not si.gnificahtly alter the character, density, intensity t or otherwise significantly change the plan. Significant changes must be approved anew as required.by this � Chapter. tom, 4. The applicant shall demonstrate continued compliance with the approved landscape plan at 12 months from the 4: date of issuance of occupancy for the approved site ., use plan. Non compliance with the approved landscape plan pursuant to this section shall be treated as a Zoning Ordinance. r violation. Ordinance No. 77-25 Page 7 i - 66@ k 4 B. Preliminary The applicant is encouraged to conslt the design guide- u. r lines and development plans of the City of Tigard that affects the tract to be developed or improvements to be 6 made before he prepares required design review materials. He should also discuss the concepts of the proposed development or improvement ;aith the staff of the City of Tigard Planning Department. x. C. Application for Design Review The applicant for approval of a Design Review Plan shall 1 consider the intent and purpose and the standards of 1 Chapter 1 .58 in preparing a Design Plan as herewith` required. As a minimum the Design Plan must contain, as appropriate, the following: �1 Site Plan (including vicinity reap) 2 Architectural Drawings (preferably prepared by a licensed Architect) (3) Landscape Plan and Irrigation Plan (preferably prepared by a licensed landscape architect) The application and Design_ Plan and support documentation shall be submitted in the form as required by the Planning ng Director determines it within Department. If the Planni the public .interest, due to the complexity and/or uniqueness of a proposed project, he may require the services of a licensed architect and/or landscape architect. }: D. Standards_and Criteria The review and approval of design plans and proposals as set forth herein, based on the following criteria, shall assure that a development or physical improvement is designed and located in a manner which will best satisfy the pus-pose and intent of this section. 1. Relationship to neighborhood and areas a. It will not impair or interfere with, either the development use, or enjoyment of other property in the vicinity, or the orderly and pleasing develop- ment of the neighborhood or area as a whale, or the designed functions of public larsds and rights-of-way. b. It will not directly, or in a cumulative fashion, impair, inhibit, or limit further investment or im-- provements, in the vicinity, on the same or other properties, including public lands and rights-of-way. 2. Project Development a, It will properly and adequately perform or satisfy its functional requirements without being unsightly or creating substantial disharmony with regard to its local and surxoun.dings; Ordi.mAce No. 77-25 Page S b. It will provide a safe, pleasing and liveable environment for those people utilizing the development, and immediate neighbors or community as a whole. c. It will be properly and adequately landscaped with maximum retention of trees, minimum soil removal and minimum grade changes as shall be in keeping with the general appearance of the neighborhood or area, and the safe, efficient and attractive development of the site. d. It shall provide a minimum on-site landscape area of 10°% and in accordance with the following formula: Residential zones - front 12' from the street. right-of-way Commercial zones - front 101 Industrial zones - front 20+ This is in addition to the requirements that 1. All areas not occupied by paved roadways or walkways shall be landscaped and maintained. 2. Tree and shrub planting areas of a minimum 8' in width within parking areas shall be provided and maintained at approximately 701 on center each way or an ag egiate amount. 3. A minimum five (5) foot landscape strip along any lot boundary upon which a yard is required. 4. All off street parking and loading areas shall be effectively screened from view from the public right-of-way. 3. Aesthetic Design It will minimize or eliminate adverse visual effects which might otherwise result from unplanned or inap- propriate development, design or juxtaposition. Such adverse effects may include, but are not limited to those produced by the design and locational character- istics of; a. The scale, mass, height, area and materials of buildings and structures; b. Surface and subsurface drainage and appurtenant structures; c. Cut and fill or the reforming of the natural terrain and structural appurtenant thereto such as retaining walls; d. Areas, paths, and rights-of-way for the containment movement or general circulation of persons, animals, vehicles, conveyances and watercraft; e. Other developments or improvements such as, but not limited to, utility lines, storage or service areas and advertizing 'features, which may result in a diminution or elimination of sun and light exposure, views, vistas, privacy, and general aesthetic value` of the neighborhoodor area.. , Ordinance No. 77-25 Page 9 18e5 8.070 T-Iinor Deviations A. Yards Required by the underlying zoning district may be varied up to twenty (20) percent provided said variation is demonstrated to result in a superior design in the public interest or relates to a practical difficulty associated with the natural character of the site. B. Parking required by the underlying zoning district to tiventy (20%) percent where special conditions warrant said variation, and considering such factors as the following; 1. Availability of POblic Transit 2. Multiple or joint use of parking facilities 3. Special conditions such as housing for the elderly, low income or studio apartments. 18.58.030 Bonding and Assurances A. The Planning Director may require a bond or other adequate ;3 assurance as a condition of the Design Plan that conformance to the approved design plan is completed. The Planning Director may approve and release bonds up to x,50,000. The bond or other assurance shall be released when conformance to the Design Plan is certified by the Planning Director x or his agent. B. Landscaping shall be installed prior to issuance of occu- pancy permits, unless security equal to the cost of the landscaping as determined by the Planning Director is filed with the City Recorder assuring such installation .. within 6 months after occupancy. OSecurityn may consist of . a faithful performanop bond payable to the city, cash, certified check or such other assurance of completion I 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 complete the installation. 18.58.090 Validity Period Design plans approved by the Planning Director shall remain valid,for a period of one year following the date of its approval. If at the end of that time construction has not begun, then the { site plan approval shall lapse and shall be in effect only if x, resubmitted to the Director and again approved. All construction and development under any building permit shall be in accardance with the approved design plans. Any departure from such plan other than that provided for in Section 18.58.070 shall be a cause for revocation of a building permit or a denial of an ' occupancy permit. Any proposed changes in an approved plan shallbesubmitted to the planning Director in accordance with Section 1.8.58.020 for review and approval . Site development shall be completed before issuance of occupancy permits unless an extension of not longer than six months is grantedby the Director. Ordinance No. 77-25 Page 10 18.58.100 Off Site Improvement and Right-of-way Right-of-way necessary to conform to the comprehensive devel- opment plan and off-site improvements including but not limited to street improvements, pedestrian ways, lighting and signali- zation may be required upon the Planning Director finding that a likelihood of an increased need for such improvements is created by the proposed development. Section 11: That Section 18.24 be amended to .read as follows: 1118.24.070 Usable Open Space and Recreation Areas--A-2 zone. An area or areas for usable open space and recreational purposes shall be provided in multi-family developments. A minimum of two hundred square feet of recreation area shall be provided for each of the first twenty dwelling units; two hundred fifty square feet for units twenty-one through thirty; and three hundred square feet for each unit over thirty. The surface area of recreation buildings, including swimming pools, may be included in computing the minimum size of the area. Recreational facilities shall be provided in keep- ing with the need of the prospective tenants. Recreation areas shall not be located in required yards, parking or maneuvering areas. Table for Computing Multi-Family Open Space Requirements: Dwelling Units Minimum Souare Feet 10 2,000 20 4,00O 30 6,500 40 9,500 50 12,500 60 15,500 n 1117.12.030 Planning Director authorized to approve plats and maps--subject to appeal. A. The Planning Director shall have all the power and duties l.rith respect to preliminary and final plats of subdivisions, and maps of major and minor partitions, in accordance with the procedures related thereto, which are authorized by Ore;on Revised Statutes and by this title, and the City Council reserves unto itself the right to exercise equal powers and duties in any given case, at its option. D. Approval by the Pla��ning Director of subdivisions and major and minor partitions of land inside the boundaries of the City is required in accordance with this title Ordinance leo. 77-25 Page 11 before a plat for any such subdivision, or a reap with respect to a major or minor partition, may be riled or recorded in the county recording office and the City Council reserves unto itself the right to exercise equal powers and duties in any given case, at its option. C. Any person aggrieved by a decision of the Planning Director in approving or disapproving any subdivision, major or minor partition proposal may appeal such decision to the Planning Commission by notice served upon and filed with the City Recorder within 30 days after the date of such action of the Planning Director from which the appeal is to be taken. D. .Any person aggrieved by a decision of the Plarning Commission in approving or disapproving any subdivision, major or minor partition proposal may appeal such de- cision to the City Recorder within_ 10 days after the date of such action of the Planning Commission from which the appeal is to be taken. " Section 12: Inasmuch as it is necessary to protect the City of Tigard's .n-serest by amending the procedural and substantive requirements for land use matters an emergency is hereby declared to exist and this ordinance shall. be effective upon its passage by the Council and approval by the Mayor. PASSED: By .; .;,9 �,c vote of all Council members present this day of , 1977, after being read nee imes y num er and tit e on y. ecorder - a y of Ti d APPROVED: By the mayor this 11th day of April , 1977 .Mayor - o ga Ordinance leo. 77-25 Wage 12 a J N ORDINT>NCE A1'','ENDING 70--37, t=?v'l'ITLED "CITY (1f .mGARD ZO:v.LNG ORDINANCE OF 19 7 0, " .-b ,,h4 r,i�FD .'�> /'S CODIFIED 'S5 .1 1,P-L"S 7.8 o THE TIGARD MUNICIPAL CODE AND ORDINANCENOF8 48 E'NTJI LED °CITY p TIGF_RD SUBDIVISION pRD1T NCE OF 1963, IS AV-,r-DED AND 7'S C0D1 i�•D r TITLE ='�E TIG'--'ND 1 .'AL CCI`;, P1tr)Ct X11-:ria FOR �zS 17 OF :ICI EV?E l OF ZCiNE Cti7�,G'�,S, '•"�_^:JR ANID ;MAJOR ? D P? RTIT]0":S, SUE-DIVIS_TO-IN'S, i r:SCRI?Ti,jG AN Si TE DEVEL(-)P:--NT 1_ND rRC'ITEIC.IURAL ES t 1 ';LVL . 11, - EFFECTIVE DATE AND D=CLA=tZING AN E'-iERGENCY. =;E CITY OF '.LICAD O�DA_CN'S =5 r0_ LOI';S: . Secti-on 1: City Council rinds that pursuant to ORS 227, Ordinance - 70-32 "City of —Joard Zoning Ordinance of 1970" and OrS 68-48 "City of Tigard Subdivision Orci_r,ance Of 1968" hereinafter Stated arr,"Zl ;sentS t0 Said 7.Onir,g and SLbC2ivisions ordinance after due and legal notn_ce was s12})3nitted by Di?)l c h ar].ng by i!;e Ci }' Planning Com- ssion c.n �/- :ate and to City Council thereafter recommended that said zoning and subdivision ordinances be amended is hereinafter set forth. S =i 7 council fjjr-_der __nds ti-,at after dile 37 u 1C ccl r!vt?ce & --_- -- public hearing -,,,;as held by the City Coa�cil on _i/ whereat all interested persons werF_' a_SCrc _=.d an L�✓Jt?i" li�iiy �o be n aTd with respect thereto and, conditions presided Luliilled with respect to the following amendments to the City Zoning and Subdivision 0 ±nan,ce. Section 3: The (;ounci I ^urther finds that to purpose i01" tI3 Se a )G�iSentS is Lo prdL the public health, safety a d general welfare and .further more said. amend7ments serve to iimolement the City 's (yC:iU"e le S1Ve Manning objectives and policies, and to e__ecL efflci--lit and dbjC�ct?ble procedures to be i011Owed in land use maters. Section 4: That Chapter 18 . 92. 020 of the Tigard Y'uni cioal Code be _._._ amended to read as follows: "Section 18". 92. 420 Appeal to t:he C_ `y -Council_ (a) An action or ruling of the Pia, ring Co,-mission authorized by this title may be appealed to he City Council within 15 days after the Conrnission has rf}ndered its decision by filing written notice with the City Recorder. Notice of appeal Shall 'state the name or namies of the pets-tioner, date and action of the CoIium ss-ion being challenged and the reasons fpr such an appeal, a fee may be established by the City Council to ORDINANCE NO. 77- 1 LO (3ef ray the Cc!st Of i-5rep-ar-lylg a vC_ bat3i-t transcription Of tl GJ?"Inission hcari-ng If no ap r-,al iS La 1:i:.on w,Ithin the 15 day period, the d,:?ci.si_on of the Co°,:mission shall be fi-nal. TfL an app'aal is filed, %he couI?cil Shall :receive a r pont" ai)d rC COIT.'u?i?C?atioil from the Planning Commission and a verbatim transcript. of the hearing b -?'ore the Coromission and shall hold a hearing on the record estMzbli shed before the PTal?nirlg Co_,,'ni_ssion. Notjce of i=!:e p-L:bl iC hearing shall be by One publication in a nee.-,sDai�er O^ C�n,cra1 c cil?atiOn in "Che City, not less t an 5 days- and not iiiore 'i:h .n l0 days he date oz" the bearing. prior to i: _ (b) -ph eCity Council shall have the a_ o;,�?­ to call up '� _=ti-on or ruling o' the Plai7n_iig CO r-ilSjiOT2 for ileaci-1g ]C7'r_�ri:�;� 4y ti?P C1Ly C011riC-Ll. _n any instance in which the Council exercises its pG:ser to call up a legis- lative matter, the Co:incll shall decide. at the time it sets the matter for public hearing whether new testimony shall be received, or the r,,: i_Le-r heard On the record as in a�DD a.LS Ullrsuant t0 Para�,;raph (a) If 1! W testi-MOny IS �O _ie allot ed, the notice of DaSblic hearing shall be written so as to inform the D-eblic of Cheat fact." Section 5: That Chapter 18. 88 . 060 be amended to r_ad as folloi,,S : "18.88. 060 r2a i rig - City Connell. (a) Following the prescribed hearing before the Planning Co.-u- i ssion a written report contai ning the l:_,dines and reCo?i en da ti G^s Of Lha P1annln_g Cbrcniss ion as e r'1::)Ci i e d in ordinance -Form shall he iot�,:arded to the City Co-:ncl L by _ e Citi' eco:cder. (b) limn receiL t of the Planning ComTission recomjr.:endation the City COIInr.,_l SJia1]_ cC-( T O C-Gi?iirlYr, reverse, mGdlfv, Or r�-;ar!d Lhe irlattter hack to the ?i `,I1i71Q Coi?r,lss:ion `Or furtliP_r teS_J_-)r_y, or the City Council M_=Y S a _Ifs for } _acing "oe=ore the Ci-y _ i1. 1f The ;:eager is "ju61c_a1" or "`!1",asi-- J-L1 _n Co-unci _ character, the hearing shall be held on the record, that is, no new test's ,Ony shall be Laken. If -L-n- I;atCer is "legislative" In CiaaraC .E'I•, theCGuriCi_1 may d�aice ada_tio_,al t.vSt_i.1'TtOT'i!' at. _h,- time Set Zoe pui-1 iC hearing,i e r . IinaV &'? = cline tuo yt: new e teStiii!G'.?y �._ _17g', Or SG � _On 6 `mai. title 18 . 56. 040 s-ih-sect-1 Or (D) %? I n ed t0 rC-aG --------- as f o l l O 5: "Actions by the Planning COmo-rission in grar_ting approval shall be fol-v;ar6ed to the Ci Ly CoIancil in ordinance fa�-M. acCGr"d_.nq to the provisions of Chapter 18. 88. A Planning Comamission action to deny the application may be appealed to the City Council as provided in Chapter 18. 92. " CRDINANCE NO. 77- ■ Section 7 : That Cbapter 18. 84 .011 be alr,;_nded to read I:s follov.,S : r . 13 . 34 . 071 App,--al -co tile �.i_'Y Counczl . A party aaurleve by the action ( C. lJi" L"Si n or hearil?gs officer ol: .=r,y 'L"Son to itielOirl :lpL-ic? oft'Zi? J7c_,_Y7: ng l;':S `;t }ij i i)r3L}3J]t -O 'C CiiOn -13. E4. 031 ray a}�peal such -'p:rcval or r _vial #:o the City Council. 1112 i o }t}C11 y On 17=S O'�'pc ,!-1y . Ctlon 7_a�:en by the lcniSlP7 C i` ; SKCzs age lCals are :aid auz SONS tonafCqMtC, Q3 P:a 15 of "VQK� 55"Q15 or paqE of rajor p5mi al 1C 6Oy approved fl: ad &ElyiVINTLY 05 tc uieth, ;,zeral P111 o: .al- TaSPICTS, n�EfE CitV "PLejoia±s it to �W 51100t Tnx? phzte:n; ) Snoots Lod rnAds 1,16 for pri%"LE .sc :tee Marly lKizated on the nPlat'-I P'aa ADd all 1warvarions or Z.&Stf i C 0 s-o Ch. prl%-aze roads and 50:,Els 21C set forth thereon; (3) Os Lomat!v a p'-- n c,.t-.-;p!i es with t"ne a p, all =nd Zoning ragwaKans of the city thenc in effet; (4) To tentative plat of a Subdivision or [--p of a shall be approved unless there will exist PGe_-uate and C?jalizy of . itey and an 5e-,:aEe dizpcsal sysz—, to supiport tr.ep--oposed use of the 1a ,6 in zlie p:-op-,:sed ?'at. Prior tozpp-rc.-,Tal of &.ny tentative plan of any or iGajc.r i,artiti-op, the planning connission shall cooi-6_nate its ieview reof 'Ciz,h, all affnted City, county, Maze and 1 -..._rel ay.&Psies &1 6 a 3 1 affeclW yjacial disnActs. 2)e 1 E i t X -.._:S -,":-,a t _,c -I- Z)S a 1 a--,-f e C t S intErests a--.' any pt;!Aic Tooy UW_ Ow the .=i to the ie continued for such nnyiod of Hra as necessary to c=:=Die c17)' SUCh 2ffeCted LC7,an(ty LO F-7i6 raport zhey`nn . --7-sa�:,E-,-,Pt o-, wfittez C=Enls from LyWaI&S as listA A. 17 C 9 C l-, P I a 'n i i c -iF -, Fez�t wel, as cffizipl a 1 Y�4aw the conlerEs Of -I - a 2�enc�es as � I � &t*:= appli�ahle city ra,Eulamons aK -!ecC-`.end caLtrr,Y2la disEpprovai or -iC& orl plat to ..:.c DirecLor fe. use of the Planning sac; ? Dc. o:-' V of &Z FOEKM�ary L inQUAng rLAYSOCE ar;� -,eE 60,OMenZS descrAbAZ any conditions or resnictions, and G .._ C S",-,2 lf -I 'z;a -e t UI-.;eaf to the ap3jzanz and Gne rezain& in the DfAve of Kiv QLarKi Oth lewTds of the Pinming Director' s in Wch ZhE PcOcr, cziun 9: That Sections 17, 2L.030 be apen-ed to Vc,ad as follows: ' 17-2= .030 S'F,c-tch Map to Diic-C—c,T. A. sketch pap shall be suboitted to the o: vs EV End T F and p7ovfsjonh of TKA 17 wd A. cf As TSFaic NINK101 ..OA. if the plapasal OAUKI C7 :7,j L::r. T'i r i rEF L'he 6,61 ca t A on of 1 and and Ea 2 c._ _-. _S _C'.-- 1 c: prVPnsEl E'nall -,!01 bE processed as a Minor jall-le pa-- Titicpr! be Dr.-ly - e-SAMAtted porsuant •to thE ef this HKe with resnpct to pa:-. 1.C.-,-_. or sion.It i . C`.c-8C:. OS +'. ,o -OiIiOU I GT c.:C.?.. I 4 i c _"v`_=3=1}r or U • G. _„� --�:.} CG::.c _r!C"� CC- O." .. c:iG rl"C Ci ?:._�_i'SNOI L.`?F' �i }' U- _'i.n -C''• 4. _ ^iii�iFS Oi L7? (J" TU `cS_`1'E c'G C=:Lc-•C c. i.iic :r__li:?_� '-_ - a-- (d +of the _1 t] Gll1. t� tC -•„ __ie_ i�,�a1 z,'_3�u-%�5] st._1.+:Ci:i:'S] cAG L ,e \- �. {;;�\'?�C^=T�cn�S \:R1Ci1 C7 'Sr COilt=?uU�E' tO i` es -i o rb^=",OOG j f a t_ac� =� ss or� an arEa or at -f e D O, p _^1 :1 Cs c:;G c i0 C?�.-_=oa---07: Or 1�G_i-1 u - C ,1 ,cc ^L -nc__C, :i - c L. C.a-2d _ Dr ( ) TO E- C_'rc {f •�T,_i G i Len C. tt. _ c.0 ;3C evc !, pi L' "I;jS - _TC 'S c_1 C' Lr.E TJC 0 d kC 1 t . L } P i • J - t �f Jo t ;ee 0. Li,is c=-ont'l Sr,T::�. "1c OI C. Gam' ,..; . C-r i �. I ii:C•i ;mss. _ `- i ilei_nes },li'. c U, 000 C_.-p er 1S.SS. s - at :: } b LOT o_ c,_ of Lite F sr�-n� P_rec �� ?�lis_:Yt ;ros_� c: .cti �cai d b}: t - C. '� to 4Gi�n ..Ev: -.='='1 c tcM1 -cto� a`li ... aIr, C. Ze- c Tcas0-1s for appeal n L1 Gt.a t1-0 �)- -_ r)OLiCE Cn�r ieT 18. 5S. 1 criteria of Lt,c,n t_,e a _1 ; s :e �.ald ,:•1.i ;.CLI =:✓t?C•E O" LE:1t b n'SCe be of n C_. - c OI on 1.,. -ij LO r 1i enc Or Lt~a �1 t1:C 'Ll l l LI ST G1i:il ilo a:rj'11 i 3 02 2DDT0Yal O- a ad Uv -s0'L`L :0D C'i be to nay r _..� Iii-=.Cat'c,r, C . erecu", 10 5u to S=cLic•n - Ci Cct_rtcil 5v :... r c' tar Cal 'r _ st-�Yc 'mss ' c- or t0 -j- - ' l,�i_. i. f'K _Ci. alv y - Sa11. l:,' stTUC L-nc Cf a J 5O �.,l aT• "`" .rain 7r�t1u0Eg' bU't. is �. s^2 Cs end _ . L <,,s3cal 'tree r T a :+=." .in=nYO _ rs it, -ri�� ; _l Led tCJt Yc� - -r• aTid CVL and i�r .rtc alcasf C a. 77- 1 , va r C:C-',C Sl,=Il :o c�1x- E_l� Jv ui2 - „_-� " C;.•:Jt' OI i".tom z.t:.1 "'. '2cCj n_. P:S .:111 •1?� D1lLCUr c =:�':.?_E.- _ -riC r:'�_ _�c .LS J, ,_C OT OZ ,- - '-- �, l ` n;le ._:n'-1y Structures tl-d accessory Cpl �.i: C1_ - 7 iXC DC , r,-';t-Si -, -,=ioII �. ?,. �,_. _, moi._ _ fe 1cam. CC, Citi.. 1 t0 S1 - c L,e cG- :-I C:f 1' -C mac- �C c C'r __ P 1 C o1" C7r _ c r,_ C,_ a .,.�C _C•; i_.J^•VAC'. _ - C, .o •, ,cri _c t1C)Il v;.tet .c.7j.E7 D cT7�p ,7• - pr�L_ - c ` , _ c. =pM j.�c tc. Fi,c C_._.c•C =T_ OSI,__ yr c ,❑ - - - C ;C _-c s x ' cs Of ♦-f�,i: _ C. E --- - � =., .`, .-` _ 3�:S�G�?�. 'y} Gri �ti Ci L tCr aot is "Lm.- 10 CO2vul Wans d the CIVY of " 'A" 77" affects the be rocs befura 1-2 foq'i1 ir6 1, =nt OL _.-. —O:1L discuss the CO:.c= t_ of QW ploy2now' .'• -.r _ng �_ a,lt. -,:1 to ..-, S',- -f _.,e City of} J _ T,_. g.>_:1 Kant ;nf -t,i'TG:fl O' .( C �- _.D .1 1 `. ,> In the ---nt and uur :;s- and stile -5 _ _ __ Gr_._j 2 ij'as1_n ?}c; 2c nc=cl.ITil i' i _ ) i- est CC,7 , a_ Lainc ire_C•r "'?f r_S 2 %;3ni..:U ill tl7e Des_gtl Fla _ - the -ollo-ingo /7 Site Plan Uncltidi& V?cini`ty map) _ t -i - + c (r,, eiErably Dfep,^red 1)y y }icerced i -) ANO ieC i. e - Plan architect) 1i F MAY l an and The ,p2jcation and ) t e _ `:npn Director s at. '-1 tll _pd O- C ��_ If - i ✓ c c o =ire t -n7 >, .t�- -;d/o1 LO due r_i�._ _ nad ,-. he any leqldrenbe !"roces D. S �-_a_ c_ anc CT - feria as set . F Wed on "E Brit i5 c } ; - an - �,;ci7 ill _sf n _ fi a _ection. __1. in to Ta - ha.,! Zither the A_` ; w 1, a t T r - r r ,n ts: 6evelopment usn or _ r _ � �`�n z L-tC•y t-� CL vicinity, e oVerly &-T!6 =2 s 2 ,.:701 - �or the O --c-'�d. c ham= I ,v�i00d or �_. d ) sl,-�:.J on c. C.): iOC`;is - `- � TI=r t 2. .0 ' e tie f o'r)i_ OT SWAY it �... , 7 i f Gi + or t?z .3 c sl :} 7 its lo functional r __ _ to local�21...d1�f,_T-r.!Jt.�' L;ith`r.E'�2T6 E.. creating .,�` 0����' 1 1. $t -i C t to Q ,'C` i•<'C11? , .d b~t' ti,E'. C:=}.V �3� lc. _.. Jd• l i.0 rcSLlL 00) 1E;CL C DiO\ iCa`,d ;C i - t n b I "J r! L1_Ur ;.:'cr', r.. '1)bli •rl� s _ r1 .ciufal CL3:ec%? r o'-actical riilI?r-illi}' i=cCGr: �Li'd with of t'rie cite_. t.o B. ar Pr.ing requir ed by 'lie id u::Cle1'l�,',U� �', ip� L1_ i_.i Y Sri �1 CC:.:i•`i ti 0:715 ;:ETTant c.a .d Valle ti On, �0=5 :s the follo 7r--S 1 l�ii._bilit}' Gf �" liC T' it - 2. I'm'It1ple or joint i se of par :inc, iaciliiias 3. Cii*:Cial COnC1tiC'n5 clJch c5 hUU=1 '- for the elderly, - `file Planning Diiect.Or rr:ay Tequi-re.a bond OT Utt]Er odecUate A. r si:^n r?zn t` at confo,;:ance 2ssura"=.ce as 2 COnliti.on O1. t"-e '- ,re p]anr�ii'?� 77irEctor CEci"'n plan P) is Cot;-lilEt. 'd. to t� ntl it � :d -i(1 a���, :r-'2 hp:]d Gr other id ?"el b-1. S i p 1.O s p rC `d an ,..a.y u.tr-' .� 1 i .:�?r11 �L+7i rO_- -73re i.0 tile L 51on - F5ura:1'-= Thal be tC a r t;ie �rireCter a - - �S CeT ti=led by !SSUcc '_C of Urt - .. r si:all be instal led pr;oT to ? _ t^,e n a7 T? S�CVi it\' :-L:UrI to tr cUSt O= - n� -17i i'f.^ �) r?CLor 1S f'` Ci GJ, h rie C. Ly C �_c_.Lr iP.' SllCll inS�$lti ifi Ori W� 4!?sn ' �� n.Siecllri t " i_.., .y CUn=1St O. a _a n_L'_ �." ' ' GCCL:I•ar±C} } i.- r LLirl'i Otl-:or bond payable to the .city, tach, cerLi --ed.cnec. o- If -�",cre6 by -,I-,e c- ty attorne}'. assurance of cc.mpletlan ar i `ti l�P c_an, S LOt. CC' 't D' le._ed kTi t'.-in T�St2llatlon OI -'De o to 0 U_it ,,t.0 '-%= USE-6 u- the Cit}' _ire 5_?. t,i;lll tl w.f-.._1C,V Lhe .. _ _ _'rle instailation. l8.`S.G90 Va✓i cit} `eriod Ile pl D, -,. -:!C tor s ,all Te .alu 1721id Zoci2n P any 'P:1?C' 20by ,..5 "1-?-r - a1 1 Ipr a ne od OI C•:, - c c ci C at ire cnd UT_ +..l:dt }r ��r t 7'1V i f oSlib ii t eed Se end al l be U p!an apil oval =r,a13 acs,: -all i -iP. a: r'-GVeC:, h11 GJP.S. is L1c, . and 6eve cp—ii_rlt a to the Leis'ecto'r and a&a tPr'� i7 aCC..�zdcT-t- ,,'i 3}l the approl o } under any building Permit shall be uecic:r: pl an5, nny dc—Da-EtuTe from Such plan Cill-cT i n that pr011 G"G �c, o f a Ii7.11 1 C1_=1 _c.all. iP a CaUle IO: !r: CEC t"tC ..moi..`..C _,ed C;antes S t. { 7.t c r a C ' -l.al Ci a i oCC`� P,ct'_' `:c Dir ector an v OT e� -, x ova d rCCO G 1C 1tn Ctxr? i be CG':�1_.Le6 i}efo-re iSs.. .nze p,{ p^..ClltcnG}' i Site 0,E. f l 073 tom. - -..� r�i tc t?:�.e_:5 ail e?'iFL'S1Gn OZ not lG:l_er te,o_. 7:. %�✓ntPS15. granted by '.he bcarC. - t { - - t t LO 'iS fu - ll c• .,ct •. r_nd rrc�c.t �a.a}_ r i. all_ lie arca O. c2S ,U_ _ r cry C.. ,�., -1 t.l -ill?I� (') :{+.a i(. .. �L =Ul'ir�cGc:—illy Gavc1�n.�D�S. .. i.- - ^�� t } t. j�,P, e7�2 S„a•ll �2 .r r c v i 6e,d -or ilaCR OI -- =2Pt U= - c• -.:n })c�--.. sri �� u rt\' SraTC ' -nits ^ 01 1.Y)c iLC2p 1PCC'='rll tiii� the minimum s ze Of is, arcd h'Crcaa-2U, S G. n. - �.. ith ea tna p=oecti\e rCC. C. - or S r ?0 ?0 6, 00 40 60 _ �F-) - - -- -cs - 7�nc S V0tS Or —1 ��iC_ fir�;7iO?^a i �G kt ;S 1977, _. -r 2 it APPROVED: BY s MaYOr tt,is _ �_ � � _ ��°�Y of �� _ . .. _n X517 h C+'; yrr — City of Tigard MEMORANDUM TO: CITY COUNCIL FROM: STAFF HE: PROPOSED PROCEDURAL CHANGES Since the March 21 study session both the Design Review Board and the Planning Commission have reviewed the proposed changes and have recommended City Council approval. In reviewing the pro- posed changes both bodies recommended changes. These changes and other minor changes are listed below with the new wording underlined and wording to be removed in parentheses O . Page 3, Section 7, Line 8 ". . .the procedures set forth in this title and Title 17, . . . " Page 4, Section 8, Paragraph 5, Line 2 It .partition, the planning director (commission) shall co- ordinate.his (its) review thereof. . . " Page 6, Section 10, Paragraph 2, Line 3 ". . .Chapter 18.58.060 D". ------------------ Paragraph C, Line 2 " . . .appealed to the Design Review Board by the applicant or adjacent property owner provided:" ------------------ Paragraph C.a, Line 1 "The appellant (applicant) deliver. . .11 ------------------ Paragraph C.b, Lines 2 & 3 ". . .Director within fifteen (15) (ten (10)) of (the applicant 's receipt of notice of) action. . . " Page 8, Paragraph C (3) , Line 1 "Landscape and Irrigation Plan" Page 10, Paragraph A, Line 1 "Yards required by the underlying zoning district may be varied up to twenty. . . " ......... .._.. ----------------- Paragraph 18.58.090 Last Sentence s "By the director (board) . . ." Add after Section 11 '117.12.030 Planning Director authorized to approve plats and snaps--subject to appeal . (a) The planning di-pec- E for shall have all the power and duties with respect to pre- liminary and final plats of subdivisions, and maps of major i and minor partitions, in accordance with the procedures re- lated thereto, which are authorized by Oregon Revised Statutes and by this title, and the city council reserves unto itself the right to exercise equal powers and duties in any given a case, at its option. (b) Approval by the planning director of subdivisions and major and ming partitions of land inside the boundaries of the city is required in accordance with this title before a plat for any such subdivision, or a map with respect to a major or minor partition, may be filed or recorded in the county recording office, and the city council reserves unto itself the right to exercise equal powers and duties in any given case, at its option. (c) Any person aggrieved by a decision of the planning director in approving or disapproving any subdivision, major or minor partition proposal may appeal such decision to the Planning Commission by notice served upon and filed with the city recorder within 30 days after the date of such action of the planning director from which the appeal is to be taken. (d) Any person aggrieved by a decision of the Planning Commission in approving or disapproving any subdivision, major or minor partition proposal may appeal such decision to the city recorder within 10 days after the date of such ac- tion of the Planning Commission from which the appeal is to be taken. " <z CITY OF TIGARD, OREGON ORDINANCE No. 77- AN ORDINANCE AMENDING ORDINANCE No. 70-32, ENTITLED "CITY OF TIGARD ZONING ORDINANCE OF 1970;' AS AMENDED AND AS CODIFIED AS TITLES 18 OF THE TIGARD MUNICIPAL CODE AND ORDINANCE No. 68-48 ENTITLED 'CITY OF TIGARD SUBDIVISION ORDINANCE OF 1968", AS AMENDED AND AS CODIFIED AS TITLE 17 OF THE TIGARD MUNICIPAL CODE, REVISING PROCEDURES FOR REVIEW OF ZONE CHANGES, MINOR AND MAJOR LAND PARTITIONS, SUBDIVISIONS, SITE DEVELOPMENT AND ARCHITECTURAL DESIGN REVIEW, PRESCRIBING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: City Council finds that pursuant to ORS 227 Ordinance 70-32 "City of Tigard Zoning Ordinance of 1970" and ORS 68-48 "City of Tigard Subdivision Ordinance of 1968" hereinafter stated amendments to said zoning and subdivisions ordinance after due and legal notice was submitted by public hearing by the City Planning Commission on date and to City Council thereafter recommended that said zoning and subdivision ordinances be amended is hereinafter set forth. Section 2: Council further finds that after due and legal notice public hearing was held by the City Council on whereat all interested persons were afforded an opportunity to be heard with respect thereto and, conditions presided fulfilled with respect to the following amendments to the City Zoning and Subdivision Ordinance. Section 3: The Council further finds that the purpose for these amendements is to protect the public health, safety and general welfare and furthermore said amendments serve to implement the City's Comprehensive Planning objectives and policies, and to effect efficient and objectible procedures to be followed in land use matters. Section 4: That Chapter 18.92.020 of the Tigard Municipal Code be amended to read as follows: "Section 18.92.020 appeal to the City Council. An action or ruling of the Planning Commission authorized by this title may be appealed to the City Council within 15 days after the Commission has rendered its decision by filing written notice with the City Recorder. Notice of appeal shall state the name or names of the petitioner, date and action of the Commission being challenged and the reasons for such an appeal, a fee may be estabisihed by the City Council to defray the cost of preparing a verbatim transcription of the Commission hearing. If no appeal is taken within the 15 day period, the decision of the Commission shall be final.- If an appeal is filed, the Council shall receive a report and recommendation from the Planning Commission and a verbatim transcript of the hearing before the Commission and shall hold a hearing onthe record established before the Planning Commission. Notice of the public hearing shall be by one publication in a newspaper of general circulation in the City, not less than 5 days and not more than 10 days Opi`or to the date of the hearing." .z Section 5: That Chapter 18,88.060 be amended to read as follows: "18.88,060 hearing - City Council (a) Following the prescribed hearing for the Planning Commission a written report containing the findings and recommendations of the Planning Commission as embodied in ordinance shall be forwarded to the City Council by the City Recorder. (b) Upon receipt of the Planning Commission recommendation Council shall act to confirm, modify or remand back to the Planning Commission for further testimony." Section 6: That title 18.56.040 subsection (b) be amended to read As follows: "Actions by the Planning Commission in granting approval shall be forwarded to the City Council in ordinance form according to the provisions of Chapter 18.88. A Planning Commission action to deny the application may be appealed to the City Councilcas provided in Chapter 18.92." Section 7: That Chapter 18.84.071 be amended to read as follows "18.84.071 Appeal to the City Council. A party aggrieved-,by,.the action of the Planning Commission or hearings officier or any person to= 3oAl notice of the hearing was sent pursuant to Section 18.84.051 may appeal such approval or denial to the City Council. The Council may on its own motion review any action taken by the Planning Commission or by i the hearings officier. Any appeal here under shall be subject to provisions of Chapter 18.92. In accordance with the procedures set forth in the subdivision ordinance, Title 17, the City Council shall hold a hearing with respect to the appeal on the application as set forth in the transcript of the hearing, the written findings of the Planning Commission or of the hearings officier, and the action proposed be taken by the Planning Commission, hearings officer with respect to the proposed use of the land. The City Council shall determine the matter on the basis of the record previously developed. The City Council may amend, rescend, or affirm any action previously taken either by the Planning Commission or the hearings officer." Section 8: That Chapter 17.18.100 be amended to read as follows: 17.16.100 Tentative Approval. "within 60 days of the date of submission of the preliminary plat the .Pianning Director or his agent will review the plan and reports of the agencies listed in section 17.16.090 and may give tentative approval of the preliminary plat as submitted or it may be modified; or if disapproved shall express the Planning Director's disapproval and reasons therefore. No tentative plan for a proposed subdivision and no tentative plan for a major partition shall be approved unless: ORDINANCE No. 77- 2 is (1) Streets and roads are laid out so as to conform to the plats of subdivisions or maps of major partitions already approved for adjoining property as to width, general direction and in all other reppects, unless the city determines it to be in the public interest to modify the street or road pattern; (2) Streets and roads held for private use are clearly indicated on the tentative plan and all reservations or restrictions relating to such private roads and streets are set forth thereon; (3) The tentative plan complies with the comprehensive plan and applicable zoning regulations of the city then in effect; (4) No tentative plat of a subdivision or map of a major partition shall be approved unless there will exist adequate quantity and quality of water and an adequate sewage disposal system to support the proposed use of the land described in the proposed plat. Prior to approval of any tentative plan of any subdivision or major partition, the planning commission shall coordinate its review thereof with all affected city, county, state and federal agencies and all affected special districts. Where it appears that the proposal affects jurisdictional interests of any public body other than the city, the review proceedings shall be continued for such period of time as necessary to enable any such affected agency to consider the proposal and report thereon. Folluwi ;g receipt of written comments from agencies as listed in 17.16.090 the Planning Director, Director of Public Works, and Building Official shall review the concerns of the affected agencies as well as other applicable city regulations and recommend approval, disapproval or modification of the proposed tentative plat to the Planning-Director for use in his final determination. The action of the Planning Director shall be noted on two copies of the preliminary plat including reference to any attached documents describing any conditions or restrictions, and one copy shall be returned to the applicant and one retained in the office of City Recorder with records of the Planning Director's determination in which the action was taken.." Section 9: That Sections 17.24.030 be amended to read as follows: "17.24.030 Sketch Map - Submission to Planning Director. A sketch map shall be submitted to the Planning Director for review and determination of the proposed minor land partition shall be consistent with the Comprehensive Plan and provisions of Title 17 and 18 of the Tigard Municipal Code. If the proposal includes or should the Planning Director require the dedication of land and easements for roads or streets, the proposal shall not be processed as a minor land partition but may be only re-submitted pursuant to the requirements of this title with respect to major land partition or subdivision." ORDINANCE No. 77-� 3 Section 10: That Chapter 18.58 and 18.59 be amended in full as follows: "Chapter 18.58 DESIGN REVIEW 18.58.010 Intent and Purpose The intent and purpose of Design Review is to promote the general welfare by encouraging attention to site planning and giving regard to the natural environment, creative project design and the character of the neighborhood or area. A. It is in the public interest and necessary for the promotion of the safety, convenience, comfort and prosperity of the citizens of the City of Tigard. (1) To preserve and enhance; the natural beauties of the land and of the man-made environment, and enjoyment thereof; (2) To maintain and improve the qualities of, and relationships between individual buildings, structures, and the physical developments which best contribute to the amenities and attractiveness of an area or neighborhood; (3) To protect and insure the adequacy and usefulness of public and private developments as they relate to each other and to the neighborhood or area. (4) To insure that each individual development provides for a quality environment for the citizens utilizing that development as well as the community as a whole. B. In order to prevent the erosion of natural beauty, the decay- of environmental amenities and the dissipation of both use- fulness and function, it is declared necessary: (1) Tostimulatecreative design for individual buildings, groups, of buildings and structures, and other physical devalopments; (2) To encourage the innovative use of materials, methods ! and techniques; i (3) To integrate the functions, appearances and locations of buildings and improvements so as to best achieve a balance between private prerogatives and preferences, and the public interest and welfare. c 3 's ` k ORDINANCE No. 77- 4 F 5 I 18.58.020 ADMINISTRATION A. Action: Within 30 days of receipt of Design Plans in conformance with all aspects of the Tigard Municipal Code the Planning Director or his agent shall approve, disapprove or approve with conditions all Design Review Plans required by this chapter, except as may be other- wise provided under Section 18.58.040. B. Findings: Action by the Planning Director or his agent shall be based upon written findings pursuant to the criteria of Chapter 18.58. C. Appeal: Action of the Planning Director or his agent may be appealed to the Design Review Board by the Applicant provided: a. The applicant deliver to the Planning Director a written notice of appeal, stating his reasons for appeal based upon the criteria of Chapter 18.58. b. Said written notice of appeal is received by the Planning Director within ten (10) days fo the applicant's receipt of notice of action by the Planning Director or his agent. D. Decision: The decision of the Planning Commission shall be a final order subject to the provisions of 18.92 of the Tigard Municipal Code. E. Fee Required: At the time of the filing of the application for approval of a Design Review Plan, the applicaut shall pay a fee to be determined by resolution of the City Council. A request for modification of an approved Design Plan, pursuant to Section 18.58.060 (a) (3) shall be accompanied by a fee as prescribed by Resolution of the City Council 18.58.030 Applicability Except for single family dwellings, no building permit or certificate of occupancy shall be issued except in conformance with Chapter 18.58. All new buildings, structures and physical improvements and relocation, addition, extension and exgerior changes of or to existing buildings, structures, and physical improvements shall be subject to design review including preparation of a design plan, except as otherwise provided by Section 18.58.040. The term °'physical improvement" as used herein includes, but is not limited to, parking lot areas in excess of three spaees and loading areas, retaining walls, signs, and cut and fill or grading actions. 5 ORDINANCE No. 77- �4 a , 18,58.040 Conditional Applicability The Planning Commission or City Council may, as a coed tion of approval for a Zoning Ordinance amendment, subdivision approval, or conditional use approval, require conformance to the requirements of. Chapter 18.58 and may specify Design approval authority. F. Final Plan: Folldwing approval of the Design Plan the applicant shall prepare final plans incorporating all aspects of the Design Review Plan approval, and file four copies with any necessary documents with the Planning Director. The Planning Director will check the plans for conformance with Plan approval. If the final plans are found to be incompliance it shall be so certified by the Planning Director's signature. A copy of the certified plans will be distributed to the applicant, Director of Public Works, Building Official and a ropy placed on file with the Planning Department. 18.58.50 Matters Exempt Single family detached dwelling structures and accessory physical improvements, except as may be required pursuant to Section 18.58.040 are exempt from Design Review. 18.58.060 Design Review Procedure A. Conformity to Site Plan 1. No building permit, grading permit, parking permit or sign permit shall be issued, nor any use commence or be enlarged, changed or altered until a design review plan, as required under Chapter 18,58 is approved by the Planning Director or his agent, or as may be prescribed pursuant to Section 18.58.040. 2. As may be determined by the Planning Director or his agent, a grading permit, parking permit or sign permit may be approved after preliminary consultation with an applicant, provided adequate evidence and findings indicate compliance with the intent and purpose of Section 18.58. 3. The Planning Director may approve changes in approved design plans when he determines the changes will not significantly alter the character, density, intensity or otherwise significantly change the plan. Significant ' .ch$ngastmhstc:bei-apptoved��an:ew-asuxegdibed :bgstH'1s:.Chapter. 4., The applicant shall demonstrate continued compliance with a the approved landscape plan at 12 months from the date of issuannee of occupancy for the approved site use pian. "cion compliance with the approved landscape plan pursuant to this section shall be treated as. a Zoning Ordinance < '? violation. . ORDINANCE No. 77 6 � py: B. Preliminary. The applicant is encouraged to consult the design guidelines and development planscf the City of Tigard that affects the tract to be developed or improvements to be made before he prepares required design review materials. He should also discuss the concepts of the proposed development or improvement with the staff of the City of Tigard Planning Department. C. Application for Design Review The applicant for approval of a Design Review Plan shall consider the intent and purpose and the standards of Chapter 18.58 in preparing a Design Plan as herewith required. As a minimum the Design Plan must contain, as appropriate, the following: (1) Site Plan (including vicinity map) (2) Architectural Drawings (preferably prepared by a licensed Architect) (3) Landscape Plan (preferably prepared by a licensed landscape architect) The application and Design Plan and support documentation shall be submitted in the form as required by the Planning Department If the Planning Director determines it within the public interest, due to the complexity and/or uniqueness of a proposed project, he may require the services of a licensed architect and/or landscape architect. D. Standards and Criteria The review and approval of design plans and proposals as set forth herein, based on the following criteria, shall assure that a development or physical improvement is designed and located in a manner which will best satisfy the purpose and intent of this section. 1. Relationship to neighborhood and areas a. It will not impair or interfere with, either the development use, or enjoyment of other property in the vicinity, or the orderly and pleasing development of the neijhborhood or area as a whole, or the desiged functions of public lands and rights-of-way. b. It will not directly, or in a cumulative fashion, 3' impair, inhibit, or limit further investment or im- provements, In the vicinity, on the same or other properties, including public lands and rights-of-way. 2. Project Development a; It will properly and adequately perform or satisfy its r functional requirements without being unsightly or creating substantial disharmony with regard to its local and surroundings; ORDIWLNCR No. 77 7 b. It will provide a safe, pleasing and liveable environment for those people utilizing the development, and immediate neighbors or community as a whole. c. It will be properly and adequately landscaped with maximum retention of trees, minimum soil removal and minimum grade changes as shall be in keeping with the general appearance of the neighborhood or area, and the safe, efficient and attractive development of the site. d. It shall provide a minimum on-site landscape area of 10% and in accordance with the following formula: Residential zones - front 12' from the streeting right- of-way Commercial zones - front 10' Industrial zones - front 20' This is in addition to the requirements that 1. All areas not occupied by paved roadways or walkways shall be landscaped and maintained. 2. Tree and shtub planting areas of a minimum 8' in width within parking areas shall be provided and maintained at approximately 70' on center each way or an aggregiate amount. 3. A minimum five (5) foot landscape strip along any lot boundary upon which a yard is required. 4. All off street parking and loading areas shall be effectively screened from view from the public right-of-way. Aesthetic Design It will minimize or eliminate adverse visual effects which might otherwise result from unplanned-.or inappropriate development, design or juxtaposition. Such adverse effects may include, but are not limited to those produced by the design and locational characteristics of: A. The scale, mass, height, area and materials of buildings and Structures; b. Surface and subsurface drainage and appurtenant structures; C. Cut and fill or the reforming of the natural terrain and structural appurtenant thereto such as retaining walls; d. Areas, paths, and rights-of-way for the containment movement or general circulation o persons, animals, vehicles, conveyances and watercraft; e. Other developments or improvements such as, but not limited to, utility lines, storage or service areas; and advertizing features, which may result in a diminution or elimination of sun and light exposure, views, vistas, privacy, and general aesthetic value of the `neighborhood or area. ORDINANCE No.- 8 18.58,070 Minor Deviations.., A. Yards Required by the underlying zoning district to twenty (20) percent provided said variationn.is demonstrated to result in a superior design in the public interest or relates to a practical difficulty associated with the natural character of the site. B. Parking required by the underlying zoning district to twen.ty (2070 percent where special conditions warrant said variation, and considering such factors as the following: 1. Availability of Public Transit 2. Multiple or joint use of parking facilities 3. Special conditions such as housing for the elderly, low income or studio apartments. 18.58.080 Bonding and Assurances A. The Planning Director may require a bond or other adequate assurance as a condition of the Design Plan that conformance to the approved design plan is completed. The Planning Director may approve and release bonds up to $50,000. The bond or ;other assurance shall be released when conformance to the Design Plan is certified by the Planning Director or his agent. B. Landscaping shall be installed prior to issuance of occupancy permits, unless security equal to the cost of the landscaping as determined by the Planning Director is filed with the City Recorder assuring such installation within 6 months after occupancy. "Security".may consist of a faithful performance bond payable to the city, cash, certified,check or 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 compkete the installation. 18.58.090 Validity Period Design plans approved by the Planning Director shall remain valid for a period of one year following the date of its approval. If at the end of that time construction has not begun, then the site plan approval shall lapse and shall be in effect only if resubmitted r` to the Director and again approved. All construction and development under any building permit shall be in accordance with the approved design plans. Any departure from such plan other than that provided for in Section 18.58.070 shall b: a cause for revocation of a building permit or a denial of an occupangy permit. Any proposed changes in an approved plan shall be submitted to the Planning Director in accordance with Section 18.58.020 for review and approval. Site development shall be completed before issuance of occupancy permits unless an extension of not longer than six months is granted by the board. =Y ORDINANCE No. 77- 9 ` nc. 18.58.100 Off Site Improvement and Right-of-way Right-of-way necessary to conform to the comprehensive development plan and off-site improvements including but not limited to street improvements, pedestrian ways, lighting and signalization may be required upon the Planning Director finding that a likelihood of an increased need for such improvements is created by the proposed development. Section 11: That Section 18.24 be amended to read as follows: "18.24.070 Usable Open Space and Recreation Areas--A-2 zone. An area or areas for usable open space and recreational purposes shall be provided in multi-family developments. A minimum of two hundred square feet of recreation area shall be provided for each of the first twenty dwelling units; twc hundred fifty square feet for units twenty-one through thirty; and three hundred square feet for each unit over thirty. The surface area of recreation buildings, including swimming pools, may be included in computing the minimum size of the area. Recreational facil- ities shall be provided in keeping with the need of the prospective tenants. Recreation areas shall not be located in required yards, park- ing or manevuering areas. Table for Computing Multi-Family Open Space Requirements: Dwelling Units Minimum Square Feet 10 2,000 20 4,000 30 6,500 40 9,500 50 12,500 60 15,500 " Section 12: Inasmuch as it is necessary to protect the City of Tigard's interest by amending the procedural and substantive requirements for land use matters an emergency is hereby declared to exist and this ordinance shall be effective upon its passage by the Council and approval by the #, Mayor. !rt r 1 CITY OF TIGARD, OREGON ORDINANCE No, 77- AN ORDINANCE AMENDING ORDINANCE No. 70-32, ENTITLED "CITY OF TIGARD ZONING ORDINANCE OF 1970;1 AS AMENDED AND AS CODIFIED AS TITLES 18 0r THE TIGARD MUNICIPAL CODE AND ORDINANCE No. 68-48 ENTITLED "CITY OF TIGARD .SUBDIVISION ORDINANCE OF 1968", AS AMENDED AND AS CODIFIED AS TITLE 17 OF THE TIGARD MUNICIPAL CODE, REVISING PROCEDURES FOR REVIEW OF ZONE CHANGES, MINOR AND MAJOR LAND PARTITIONS, SUBDIVISIONS, SITE DEVELOPMENT AND ARCHITECTURAL DESIGN REVIEW, PRESCRIBING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: City Council finds that pursuant to ORS 227 Ordinance 70-32 "City of Tigard Zoning Ordinance of 1970" and ORS 68-48 "City of Tigard Subdivision Ordinance of 1968" hereinafter stated amendments to said zoning and subdivisions ordinance after due and legal notice was submitted by public hearing by the City Planning Commission on date and to City Council thereafter recommended that said zoning and subdivision ordinances be amended is hereinafter set forth. Section 2: Council further finds that after due and legal notice public hearing was held by the City Council on wher,-,at all interested persons were afforded an opportunity to be heard with resDect thereto and, conditions presided fulfilled with respect to the following amendments to the City Zoning and Subdivision Ordinance. Section 3: The Council further finds that the purpose for these amendements is to protect the public health, safety and general welfare and furthermore said amendments serve to implement the City's Comprehensive Planning objectives and policies, and to effect efficient and objectible procedures to be followed in land use matters. Section 4: That Chapter 18.92.020 of the Tigard Municipal Code be amended to read as follows: "Section 18.92.020 appeal to the City Council. An action or ruling of the Planning Commission authorized by this title may be appealed to the City Council within 15 days after the Commission has rendered its decision by filing written notice with the City Recorder. Notice of appeal shall state the name or names of the petitioner, date and action of the ` Komi -zssion being challenged and the reasons for such an appeal, a fee may be estabisihed by 'the City Council to defray the cost of preparing a verbatim transcription of the Commission hearing. If no appeal is taken within the 15 day period, the decision of the Commission shall be final. If an appeal is filed, the Council shall receive a report and recommendation from the Planning Commission and a verbatim transcript of the hearing before the Commission and shall bold a hearing on the record established before the Planning Commission. Notice of the public hearing shall be by one publication in a newspaper of general circulation in the City, not less than 5 days and not more than 10 days prior to the date of the hearing." - F t t Section 5: That Chapter 18.88.060 be amended to read as follows: ;' t 1,18.88.060 hearing - City Council (a) Following the prescribed I hearing for the Planning Commission a written report containing the fidir.gs i' and recommendations of the Planning Commission as embodied in ordinance £ , shall be forwarded to the City Council by the City Recorder. : (b) U on re eipt Qf t e Planningt Commission recommendation Council c t io conTrnn, me i y or emanel�back to the Planning Commission for further testimony. ,g Section 6: That title 18.56.040 subsection (b) be amended to read as follows: S "Actions by the Planning Commission in granting approval shall be forwarded to the City Council in ordinance form according to the provisions of Chapter 18.88. A Planning Commission action to deny the application i may be appealed to the City Councilor provided in Chapter 18.92." Section 7: That Chapter 18.84.071 be amended to read as follows z "18.84.071 Appeal to the City Council. A party aggrieved-by the action of the Planning Commission or hearings officier or any person to. anom notice of the hearing was sent pursuant to Section 18.84.051 may el Council may on appeal such approval or denial to the Citv Council. The 1 its own motion review any action. taken bN the Planning Commission cr by the hearings officier. Any appeal here under shall be subject to provisions of Chapter 18.92. In accordance with the procedures set forth in the subdivision ordinance, Title 17, the City Council shall hold a hearing with respect to the appeal on the application as set forth in the transcript of the hearing, the written findings of the Planning Commission or of the hearings officier, and the action proposed be taken by the Planning Commission, hearings officer with respect to the proposed use of the land. The City Council shall determine the matter on the basis of the record previously developed. The City Council r av amend, rescend, or affirm any action previously taken either by the Planning ; Commission or the hearings officer. Section 8: That Chapter. 17.1$.100 be amended to read as follows: 17.{6.100 Tentative Approval. "within 60 days of the date of submission of the preliminary plat the Planning Director or his agent will review the plan and reports of the agencies listed in section 17.16.090 and may give tentative approval of the preliminary plat as submitted or it may be modified; or if disapproved shall express the Planning Director's disapproval and reasons therefore. No tentative plan for a proposed subdivision and no tentative plan for a major partition shall be approved unless: 2 ORDINANCE No. 77- g i (I) Streets and roads are laid out so as to conform to the plats of subdivisions or maps of major partitions already approved for adjoining property as to width, general direction and in all other respects, unless the city determines it to be in the public interest to modify the street or road pattern; (2) Streets and roads held for private use are clearly indicated on the tentative plan and all reservations or restrictions relating to such private roads and streets are set forth thereon; (3) The tentative plan complies with the comprehensive plan and applicable zoning regulations of the city then in effect; (4) No tentative plat of a subdivision or map of a major partition shall be approved unless there will exist adequate guantity and quality of water and an adequate sewage disposal system to support the proposed use of the land described in the proposed plat. Prior to approval of any tentative play, of any subdivision or major partition, the planning conunission shall coordinate its review thereof with all affected city, county, state and federal agencies and all affected special districts. Where it appears that the proposal affects jurisdictional interests of any public body other than the city, the review proceedings shall be continued for such period of time as necessary to enable any such affected agency to consider the proposal and report thereon. Following_receipt of written comments from agencies as listed in 17.16.090 the Planning Director, Director of Public Works, and Building Official shall review the concerns of the affected agencies as well as [` other applicable city regulations and recommend approval, disapproval or modification of the proposed tentative plat to the Pl.anning_Director for use in his final determination. ' The action of the Planning Director shall be noted on two copies of the preliminary plat including reference to any attached documents describing any conditions or restrictions, and one copy shall be returned to the applicant and one retained in the office of City Recorder with records of the Planning Director's determination in which the action was taken." Section 9: That Sections 17.24.030 be amended to read as follows: . "17.24.030 Sketch Map - Submission to Planning Director. A` sketch ?nap shall be submitted to the Planning Director for review and determination of the proposed minor land partition shall be consistent with the Comprehensive Plan and provisions of Title 17 and 18 of the Tigard ' Municipal Code. If the proposal includes or should the Planning Director require the dedication of land and easements for roads or streets, the proposal shall not be processed as a minor land partition but may be only re-submitted pursuant to the requirements of this title with respect to major land partition or subdivision." f ORDINANCE No._-7.7- 3 - Section 10: That Chapter 18.56 and 18,59 be amended in full as follows: 1 "Chapter 16.56 DESIGN REVIEW 16.56.010 Intent and Purpose The intent and purpose of Design Review is to promote the general welfare by encouraging attention to site planning and giving regard to the natural environment, creative project design and the character of the neighborhood or area. A. It is in the public interest and necessary for the promotion of the safety, convenience, comfort and prosperity of the citizens of the City of Tigard. (1) To preserve and enhance-z the natural beauties of the land and of the man-made environient, and enjoyment thereof; (2) To maintain and improve the qualities of, and relationships between individual buildings, structures, and the physical developments which best contribute to the amenities and attractiveness of an area or neighborhood; (3) To protect and insure the adequacy and usefulness of public and private developments as they relate to each other and to the neighborhood or area. (4) To insure that each individual development provides for a quality environment for the citizens utilizing that development as well. as the community as a whole. B. In order to prevent the erosion of natural beauty, the decay ` of environ,-nental amenities and the dissipation of both use- fulness and function, it is declared necessary: (1) To stimulate creative design for individual buildings, groi_lps, of buildings and structures, and other physical developments; (2) To encourage the innovative use of materials, methods and techniques; (3) To integrate the functions, appearances and locations of buildings and improvements so as to best achieve a balance bet-weer, private prerogati="=-` and preferences, and ,the public interest and welfare. 4 ORDINANCE No. 77- f I 18.58.020 ADMINISTRATION A. Action: Within 30 days of receipt of Design Plans in conformance with all aspects of the Tigard Municipal Code the Planning Director or his agent shall approve, disapprove or approve with conditions all Design Review Plans required by this chapter, except as may be other- wise provided under Section 18.58.040. B. Findings: Action by the Planning Director or his agent shall be based upon written findings pursuant to the criteria of j Chapter 18.58. C. Appeal: Action of the Planning Director or his agent may be appealed to the Design Review Board by the Applicant provided: _ a. The applicant deliver to the Planning-Director-a- ritten FP g w notice of appeal, stating his reasons for appeal based upon the criteria of Chapter 18.58. b. Said written notice of appeal is received by the Planning f Director within ten (10) days fo the applicant's receipt of notice of action by the Planning �� Director or his agent. D. Decision: The decision of the �'lah� RTk" -� T�.ssian shall be a final order subject to the provisions of 18.92 of the Tigard Municipal Code. E. Fee Required: At the time of the filing of the application for approval of a Design Review Plan, the applicant shall pay a fee to be determined by resolution of the City Council. A request for modification of an approved Design Plan, pursuant to Section 18.58.060 (a) (3) shall be acco-mpanied by a fee as prescribed by Resolution of. the City Council 18.58.030 Applicability Except for single family dwellings, no building permit or certificate of occupancy shall be issued except in conformance with Chapter 18.58. All new buildings, structures and physical improvements and relocation, addition, extension and exterior changes of or to existing buildings, structures and physical improvements shall be subject to design review including preparation of a design plan, except as otherwise provided by Section 18.58.040. The term "physical improvement" as used herein includes, but is not limited to, parking lot areas in excess of three spaces and loading areas, retaining walls, signs, and cut and fill or grading actions. - ORDINANCE No. 77- 5 C k 18.58.040 Conditional Applicability t The Planning Commission or City Council may, as a condition of approval for a 'Zoning Ordinance amendment, subdivision approval, or conditional use approval, require confo,-chance to the reuirements qj of Chapter 18.58 and may specify Design approval authority. E t F. Final Plan: Following approval of the Design Plan the applicant shall ting all aspects of the Design Review prepare final plans incorpora Plan approval. and file four copies with any necessary documents i with the Planning Director, The Planning Director will check the plans for conformance with Plan approval. If the final plans are found to be incompliance it shall be so certified by the Planning Director's signature. A copy of the certified plans will be distributed to the applicant, Director of Public Works, Building Official and a copy placed on file with the Planning Department. 18.58.50 Matters Exempt Single family detached dwelling structures and accessory I t as may be required pursuant to physical improvements, excep Section 18.58.040 are exempt from Design Review. r r 18.58.060 Design Review Procedure A. Conformity to Site Plan eE 1. No building permit, grading permit, parking permit or sign permit shall be issued, nor any use commence or be enlarged, changed or altered until a design review plan, as required under Chapter 18.58 is approved by the Planning Director or his agent, or as may be prescribed pursuant to f 4; Section18.58.040. 2. As may be determined by the Planning Director or his agent, a grading permit, parking permit or sign permit may be approved after preliminary consultation with an applicant, provided adequate evidence and findings indicate compliance with the intent and purpose of Section-18.58. 3. The Planning Director may approve changes in approved design plans when .he determines the changes will not significantly alter the character, density, intensity or otherwise significantly change the plan. Significant changes`.mustc:be-.approved anew as--required_by:�this-.Chapter. _. _ t 4. The applicant shall demonstrate continued compliance with the approved landscape plan at 12 months from the date of issuance.-, of occupancy for the approved site use plan. Non compliance with the approved landscape plan pursuant t to this section shall be treated as. a, Zoning Ordinance i violation. 6 ORDINANCE No. 77 t C B. Preliminary The applicant is encouraged to consult the design guidelines } and development plans d the City of Tigard that affects the tract to be developed or improvements to be made before he prepares required design review materials. lie should also discuss the concepts of the proposed development or improvement f with the staff of the City of Tigard Planning Department. i C. Application for Design Review s The applicant for approval of a Design Review Plan shall consider 1 the intent and purpose and the standards of Chapter 18.58 in f preparing a Design Plan as herewith required. ff( c 4 As a minimum the Design Plan must contain, as appropriate, the following: f i i (1) Site Plan (including vicinity map) (2) Architectural Drawings (preferably prepared by a licensed Architect) (3) Landscape Plan (preferably prepared by a licensed landscape architect) t The application and Design Plan and support documentation shall be submitted in the form as required by the Planning Department { If the Planning Director determines it within the public interest, , due to the complexity and/or uniqueness of a proposed project, he may require the services of a licensed architect and/or landscape architect. k' D. Standards and Criteria The review and approval of design plans and proposals as set for:tb herein, based on the following criteria, shall assure that a development or physical improvement is designed and located in a manner which will best satisfy the pug-pose and intent of this section. 1. Relationship to neighborhood and areas a. It will not impair or interfere with, either the development use, or enjoyment of other property in the vicinity, or the orderly and pleasing development of the neighborhood or area as a whole, or the designed functions of public lands and rights-of-way. b. It will not directly, or in a cumulative fashion, impair, inhibit, or limit further investment or im- provements, In the vicinity, on the same or other properties, including public lands and rights-of-way. 2. Project Development a. It will properly and adequately perform or satisfy its functional requirements without being unsightly or creating substantial disharmony with regard ,to its local # and surroundings; i ORDINANCE No. 77- 7 s b. It will provide a safe, pleasing and liveable environment for those people utilizing the development, and immediate neighbors or community as a whole. C. It will be properly and adequately landscaped with t maximum retention of trees, minimum soil removal and minimum grade changes as shall be in keeping with the general appearance of the neighborhood or area, and the safe, efficient and attractive development of the site. d. It shall provide a minimum on-site landscape area of 10% and in accordance with the following formula: Residential zones - front 12' from the streeting right- of-way Commercial zones - front 10' Industrial zones - front 20' This is in addition to the requirements that 1. All areas not occupied by paved roadways or walkways shall be landscaped and maintained. 2. Tree and shhub planting areas of a minimum 8' in width within parking areas shall be provided and maintained at approximately 70' on center each way or an aggregiate amount. 3. A minimum five (5) foot landscape strip along any lot boundary upon which a yard is required. 4. All off street parking and loading areas shall be effectively screened from view from the public right-of-way. Aesthetic Design It will minimize or eliminate adverse visual effects - which might otherwise result from unplanned-Cor inappropriate development, design or juxtaposition. Such adverse effects may include, but are not limited to those produced by the design and locational characteristics of: A. The scale, mass, height, area and materials of buildings and Structures; b. Surface and subsurface drainage and appurtenant structures; c. Cut and fill or the reforming of the natural terrain and structural appurtenant thereto such as retaining g walls; Q. t1L-a8 anis 8 nd ri ti's" f=way for the contalimient �. p- , g.. y movement or general circulation of persons, animals, vehicles, conveyances and watercraft; e. Other developments or improvements such as, but not limited to, utility lines, storage or service areas and advertizing features, which may result in a diminution or elimination of sun and light exposure, views, vistas, privacy, and general aesthetic value of the neighborhood or area. 18.55.070 Minor Deviations A. Yards Required by the underlying zoning district to twenty (20) percent provided said variation--is demonstrated to result in a superior design in the public interest or relates to a practical difficulty associated with the natural character of the site. B. Parking required by the underlying zoning district to twenty 4207.) percent where special conditions warrant said variation, and considering such factors as the following: 1. Availability of Public Transit 2. Multiple or joint use of parking facilities 3. Special conditions such as housing for the elderly, low income or studio apartments. 18.58.080 Bonding and Assurances A. The Planning Director may require a _bond or other adequate assurance as a condition of the Design Plan that conformance to the approved design plan is completed. The Planning Director may approve and release bonds up to $50,000. The bond or .:-other assurance shall be released when conformance to the Design Plan is certified by the Planning Director or his agent. B. Landscaping shall be installed prior to issuance of occupancy permits, unless security equal to the cost of the landscaping as determined by the Planning Director is filed with the City Recorder assuring such installation within 6 months after occupancy. "Security" may consist of a faithful performance bond payable to the city, cash. certified.check or 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 complete the installation. 18.58.090 Validity Period Design plans approved by the Planning Director shall remain valid for a period of one year following the date--of its approval. If— at the end of that time construction has not begun, then the site plan approval shall lapse and shall be in effect only if resubmitted to the Director and again approved. All construction and development under any building permit shall be in accordance with the approved design plans. Any departure from such plan other than that provided for in Section •18.58.070 shall b=_ a cause for revocation of a building permit or a denial of an occupancy permit. Any proposed changes in an approved plan shall be submitted to the Planning Director in accordance with Section 18.58.020 for review and approval. Site development shall be completed before issuance of occupancy permits unless an extension of not longer than six months is granted by the board. J 9-- ORDIN) NCE No. 77- 18.58.100 Off Site Improvement and Right-of-way Right-of-way necessary to conform to the comprehensive development plan and off-site improvements including but not limited to street improvements, pedestrian ways, lighting and signalization may be required upon the Planning Director finding that a likelihood of an increased need for such improvements is created by the proposed development. Section 11: That Section 18.24 be amended to read as follows: "18.24.070 Usable Open Space and Recreation Areas--A-2 zone. An area or areas for usable open space and recreational purposes shall be provided in multi-family developments. A minimum of two hundred square feet of recreation area shall be provided for each of the first twenty dwelling units; two hundred fifty square feet for units twenty-one through thirty; and three hundred square feet for each unit over thirty. _The surface area of recreation buildings, including swimming pools, may be included in computing the minimum size of the area. Recreational facil- ities shall be provided in keeping with the need of the prospective tenants. Recreation areas shall not be located in required yards, park- ing or manevuering areas. Table for Computing Multi-Family Open Space Requirements: Dwelling Units Minimum Square Feet 10 2,000 20 4,000 - 30 6,500 40 9,500 50 12,500 60 15,500 , Section 12: Inasmuch as it is necessary to protect the City of Tigard's interest by amending the procedural and substantive requirements for land use matters an emergency is hereby declared to exist and this ordinance shall be effective upon its passage by the Council and approval by the Mayor. s f e TIT .._