Ordinance No. 96-24 std •
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CITY OF TIGARD,OREGON
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ORDINANCE N0.96-�
AN ORDINANCE TO AMEND PROVISIONS OF THE COMPREHENSIVE PLAN AND
COMMUNITY DEVELOPMENT CODE BY ADOPTING REVISED COMPREHENSIVE PLAN
POLICY 6.1.1 IMPLEMENTATION STRATEGY 3 AND COMMUNITY DEVELOPMENT CODE
SECTION 18.92.020 AND 18.92.030 TO ALLOW THE ONSITE TRANSFER OF DENSITY ON
SITES WITH WETLANDS WHICH ARE ZONED R-12,R-25 AND R-40. .
WHEREAS, the City of Tigard finds it necessary to revise the Comprehensive Plan and ° x
Community Development Code periodically to improve the operation and implementation of the , � g}
Plan and Code; and
WHEREAS, the City Council held a public hearing on June 11, 1996 and July 9, 1996 to kill
consider the proposed amendments as set forth herin;and '} `:,
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WHEREAS, the City Council finds it necessary to promote the efficient use of land zoned for "
multi-family while protecting wetland resources.
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NOW,THEREFORE; THE CITY OF TIGARD ORDAINS AS FOLLOWS: ��.
;^ SECTION 1: The Housing Section of the Tigard Comprehensive Plan 6.11, Implementation ` s
j Strategy 3 is amended by deleteing the language striket#reagh
The Tigard Community Development Code, through the Planned Development .r
process, shall establish a procedure to allow properties exhibiting physical constraint
characteristics, e.g., steep slopes or floodplains, to develop with density transfers
allowable on the site.No FneFe than 25%of the dwellings May be tFan6fe
SECTION 2:The Tigard Municipal Code Chapter 18.92,"Density Computations"is amended by
deleting the language in s4ikeeat-and adding the language underlined.
18.92.020 Density Calculation.
A.Net Development area,in acres,shall be determined by subtracting the following land
area(s)from the gross acres,which is all of the land included in the legal description of 3 �
the property: ,
1.All sensitive land areas:
a.Land within the 100-year floodplain;
b.Land or slopes exceeding 25 percent;
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c.Drainageways;and '
ORDINANCE No.96- `I
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a d.Wetlands;
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2. All land dedicated to the public for park purposes;
3. All land dedicated for public right-of-way: x�
° a. Single-family: allocate 20 percent of gross acres for public facilities;and
z b. Multiple-family: allocate 15 percent of gross acres for public facilities;
4. All land proposed for private streets;and
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5. A Int of nt Io�et fh ..
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�Mw„cu appucaule base zoning district,if an
existing dwelling is to remain on the site.
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B. To calculate the net units per acre,divide the number of square feet in the net acres by
the minimum number of square feet required for each lot by the applicable zoning district. !m„ u y, -
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18.92.030 Residential Density Transfer. #
3}Y,arF4. §
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A. Units per acre calculated by subtracting land areas listed in Subsection 18.92.020(A)(1)a-c � "�?
from the gross acres may be transferred to the remaining buildable land areas subject to the
following limitations
! 1. The number of units which can be transferred is limited to the number of units which could E1_
have been allowed on 25%of the unbuildable area if not for these regulations '
2. The number of units is limited to 25 percent of the total number of units which could have i `s
been constructed on the unbuildable area if not for these regulations;and
3.The total number of units per site does not exceed 125 percent of the maximum number of I
units per gross acre permitted for the applicable comprehensive plan designation. :aN1
B. Units per acre calculated by subtracting land areas listed in Subsection 18 92 020 (A)(1)(d)
from the-gross acres may be transferred to the remaining buildable land areas on land zoned R 3 `
i 12.R-25,and R-40 subject to the following limitations: =b fi�•
1.The number of units which can be transferred is limited to the number of units which would ��
have been allowed on the wetland area if not for these regulations'
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2.The total number of units per site does not exceed the maximum number of units per crossx , t
acre permitted for the applicable comprehensive plan designation
18C.All density transfer development proposals shall comply with the development standards of
the applicable underlying zoning district unless developed under the provisions of Chapter 18.80, -_
planned Development.(Ord.89-06;Ord.83-52)
ORDINANCE No.96-1)
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SECTION 3: The relevant criteria in this case are Statewide Planning Goals 1,2, 5, 6,7, 9, 10
} 11 and 12; City of Tigard Comprehensive Plan Policies 1.1.1.a. and c., 2.1.1,
~� 3.4.1,6.1.1,8.1.1; and Community Development Code Chapter 18.30, 18.84.and
18.92. '
The amendments are consistent with the applicable Statewide Planning Goals based on the
following findings:
Citizen Involvement: Goal 1 requires a citizen involvement program that ensures the
opportunity for citizens to be involved in the planning process Tigard Comprehensive Plan { ,W
Policy 2.1.1 and Tigard Community Deveiooment C:nrja(`hart°=,u —
r ,'. Naiion ana notice. Notice of the City Council hearing and opportunity for response were
advertised in the local newspaper and request for comments were sent to all CITs,DLCD,and x:
Metro.Copies of the ordinance drafts have been available at least seven days prior to the
hearings which follows Community Development Code Procedure.This goal is satisfied.
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Land Use Planning: Goal 2 requires,in part,that adopted comprehensive plans be `;
revised to take into account changing public policies and circumstances.The
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amendments would fine-tune existing adopted and acknowledged comprehensive plan policy
reiatea to iiiaiaris'la --..m physically constrained lands,specifically wetlands. This
goal is satisfied.
a Open Space,Natural and Scenic Resources:Goal 5 requires that,adopted
comprehensive plans conserve open space and protect natural and scenic resources. ;.
The amendments would increase the potential density adjacent to wetland areas.The , X
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amendments will not reduce the amount of protection currently afforded wetlands under existing
regulation.This goal is satisfied. 4 ��
Air,Water and Land Resources Quality:Goal 6 requires that comprehensive plans
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maintain and improve the quality of the air,water and land resources.The amendments
would not have an adverse impact on these resources.This goal is satisfied.
Areas Subiect to Natural Disasters and Hazards:Goal 7 requires that comprehensive
plans protect life and property from natural disasters and hazards.The amendments would k
not modify existing comprehensive plan or land use regulations that control lands subject to }k
natural hazards such as floodplain and steep slopes.This goal is satisfied. t b t
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( Economic Development: Goal 9 requires that adequate opportunities for economic
development be provided by the community.The amendments could increase development
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opportunities on land adjacent to wetlands.This goal is satisfied. r
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Housing: Goal 10 requires that plans shall encourage the availability of adequate
numbers of needed housing units at various price ranges and rent ievels and allow for
flexibility of housing location,type and density. The amendments would have the potential ,'1
of increasing the number of multi family units which could be built on sites with wetlands.The
�. amendment would increase the availability of adequate numbers of needed housing at various
J prices throughout the city. This goal is satisfied.
ORDINANCE No.96-Q
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1 Public Facilities and Services: Goal 11 requires that development be guided and
supported by types and levels of public facilities and services appropriate for the needs
f 1 and requirements of the area to be served. The city has adequate facilities and services
available to serve existing Multi-Family land use districts.The city's public facilities plan would
accommodate the density proposed by this amendmes it.It does not effect the criteria that
require adequate transportation facilities be available to serve these residential land uses.This
goal is satisfied.
Transportation: Goal 12 requires that the city provide and encourage a safe,convenient
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and economic transportation system. The amPnr1m�. c aiiiuw me transfer of density
from sites with wetiands from the wetland portion of the site to the buildable portion of the site.
The amendments would not affect the criteria that require adequate transportation facilities be ft
available to serve these residential land uses. The amendments would not cause an unsafe and
inconvenient transportation system.This goal is satisfied.
The amendments are consistent with the City's acknowledged Comprehensive Plan based on �� x
the following findings: ,Z
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General Policies: Policy 1.1.1(a)requires that legislative changes_be consistent with
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- .a� e planning goals and the regional development plan.The findings above address
statewide goals. There is no applicable adopted regional plan.Metro was sent a request for
comments,and none were received. This policy is satisfied.
General Policies: Policy 1.1.1(c)requires that the Comprehensive Plan and the
Community Development Code be kept current with the needs of the community.The
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amendments would promote a more efficient urban form and accommodate additional housing
units.This policy is satisfied.
Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen F
involvement program and shall assure that citizens will be provided an opportunity to t
be involved in all phases of the planning process.A request for comments was sent to all
City CITs,and the Planning Commission and City Council hearings were legally advertised.This
policy is satisfied.
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Natural Features and Open Space:Policy 3.4.1(c)states that the city shall designate,in s
accordance with goal 5,the following as areas of significant environmental concern.(a.)
significant wetlands and(b.)areas valued for their fragile character as habitats for plants, -
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animal or aquatic life,or having endangered plant or animal species,or specific natural
features,valued for the need to protect natural areas. "
Policy 3.4.2(a)states the city shall protect fish and wildlife habitat along stream corridors
by managing the riparian habitat and controlling erosion,and by requiring that areas of
standing trees and natural vegetation along natural drainage course and waterways be
maintained to the maximum extent possible;
The amendments would increase the potential density adjacent to wetland areas.Thet '
amendments will not reduce the amount of protection currently afforded wetlands under existing
regulation.This policy is satisfied.
J Housing: Policy 6.1.1 requires that the city provide an opportunity for a diversity of
housing densities and residential types at various prices and rent levels.This policy is
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primarily implemented through OAR 660-07,the Metropolitan Housing Rule. The rule requires
the city maintain sufficient residential buildable land to provide the opportunity for at least 50%of
new units to be attached single family or multi-family housing and to provide for an overall :
J density of ten units per acre.The amendments would increase the number of multi-family units
that could be built.This policy is satisfied.
Transportation: Policy 8.1.1 states that the City shall plan for a safe and efficient street
' and roadway system that meets current needs and anticipated future growth and L
(t2VAt4nmPylf_Tha amanrim�•f_:..�Y1,1thz;�-������� vi uensny from sites wim wetlands
from the wetland portion of the site to the buildable portion of the site.It does not affect the `
criteria that require adequate transportation facilities be available to serve these residential land ;
uses. The amendments would not cause an unsafe and inconvenient transportation system. }
This policy is satisfied. u,
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: f 4fi.
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Procedures for Decision Making: Legislative: Chapter 18.30 establishes procedures for s ��
consideration of legislative changes to the provisions of t„a_r„h n. Iimnahte o1�..
f - iiiipiememing ordinances and maps. Section 18.30.120 lists the standards for the ( "
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decision of a legislative change. The standards and responses to these criteria are as
follows:
1. The statewidelannin
p g goals and guidelines adopted under Oregon Revised
Statutes Chapter 197. These standards are addressed in Section IV under'Statewide Goals' s
*, in this staff report.
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Any federal or state statutes or guidelines found applicable. The state's � � �, ,art
' Transportation Planning Rule is addressed below under"Oregon Administrative Rule". fx y= -,.
r 3. Applicable plans and guidelines adopted by the Metropolitan Service
District.There are no applicable plans or guidelines adopted by Metro.
4. The applicable comprehensive plan policies and map. These standards are
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addressed in Section IV under'Compliance with Comprehensive Plan Policies'in
this staff report. a •
5. The applicable provisions of the implementing ordinances. The implementing
ordinances are contained in the Tigard Community Development Code,which are
addressed in this section of the staff report. <
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6. Consideration may also be given to proof of a change in the neighborhood or
community or a mistake or inconsistency in the comprehensive plan or
implementing ordinance which is the subject of the application.
x The applicant has satisfied this code section. it is satisfied because the first five
standards have been adequately addressed in this staff report and the sixth standard is
optional only.
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SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, h
' f signature by the Mayor,and posting by the City Recorder.
ORDINA,'NCE No.96��
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PASSED: By LULGLtu vote of all Council members present after being read Y j•
' by number and title only,this day of_/(,r��_r� ,1996.
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Catherine Wheatley,City Aecorder
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APPROVED:By Tigard City Council this �� day of 1996. "[
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J&Nicoli, ayor
sF` Approved as to form: w
City Attomey �?
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Date su
iAdtYMdebrd\Cpa96-03.ord
Nels M. 06/27!96 2:13 PM
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u 3 ORDINANCE No.963k�—f r � ¢
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