Ordinance No. 99-22 CITY OF TIGARD,OREGON
ORDINANCE NO.99- 2 2,
A ZONE ORDINANCE AMENDMENT(ZOA 1999-00002)TO AMEND PROVISIONS OF THE
COMMUNITY DEVELOPMENT CODE BY ADOPTING CLARIFYING AMENDMENTS TO
SECTIONS 18.340.020.G., 18.390.040.F., 18.390.040.G.2.c., 18.390.040.H., 18.390.050.6.,
18.390.080.A.1.d., 18.620.010.B., 18.810.020.A., 18.810.020.E., 18.810.030.A., 18 81n 0n;A.,
18.810.080.A. AND 18.810.110.A. & B.TO BETTER DEFINE FINAL DECISIONS, EFFECTIVE
DATES, APPEAL REQUIREMENTS, DEVELOPMENT CONFORMANCE, STANDARDS
APPLICABILITY,AND DEDICATION AND IMPROVEMENTS REQUIREMENTS.
WHEREAS, the City of Tigard finds it necessary to revise the Community Development Code
periodically to improve the operation and implementation of the Code;and
WHEREAS, some of the wording in the Code could be termed ambiguous;and
WHEREAS, the City of Tigard is continually evolving its response to the 1994 Supreme Court decision
relating to dedication and"rough proportionality";and
WHEREAS, the City of Tigard Planning Commission held a public Bearing on July 19, 1999 regarding
the above listed amendments;and
WHEREAS, the City of Tigard Planning Commission voted to recommend the revised Code sections
shown in Exhibit"A";and
WHEREAS, the City Council held a public hearing on August 10, 1999 to consider the amendments.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The proposed amendments are consistent with all relevant criteria based on the facts and
conclusions noted in the attached staff repert(Exhibit B).
SECTION 2: The specific text amendments attached to this Ordinance are hereby adopted and
approved by the City Council.
SECTION 3: This Ordinance shall be effective 30 days after its passage by the Council,signature by
the Mayor and posting by the City Recorder.
PASSED: By U r1 ar1.1 WLO U S vote of all Coun it members present after being read by
number and title only,this !D'—A day of , 1999.
Catherine Wheatley,City 'corder
APPROVED: By Tigard City Council this 4 of -91999.
L
J icoli,Mayor
APPROVED A5 TO FORM:
kz:: —�_
CV tto ni� e
Y
i —
ORDINANCE NO.99-
Page l of l
DRAFT 31T A
TIGARD CIOMM"UNITY DEVELOPMENT CODE
PROPOSED REVISIONS
REM INE/STRIKEOUT VERSION
SECTION 1: Subsection 18.340.020.G. of the Tigard Community Development Code is
amended to read as follows:
G. Final decisio effective date. The decision of the City Council on
an appeal of a Director Interpretation shall be final n <ee #
when tit�ttCO:ctfthd d."@"' ta<ittis mailed to the applicant, Ar id
the-band Use Boa.d of Appeals m a court of competent
lie dfr��sr�c�:fix�u►a�,��� e.�t�rre.x�h �n�l+�,%�1,e decisimris
jurisdiction-
SECTION 2: Subsection 18.390.040.F. of the Tigard Community Development Code is
amended to read as follows:
F. Final decision and effective date. A Type H Administrative Decision is
final for purposes of appeal when at >`� ` tsa itis mailed. A
Type II Administrative Decision beCptno is-effective on the day after the
appeal period expires,uttlspp ittl If an appeal is filed the
decision is effectivC When tile app,-
>< dsrxussd.al}eihe
appeal per�dd lies ptced,the Type II.�dtzttrustxatt��lR>r�sson il�a�mo
t~�`ecttve Qr�:d�smass�l v�`tE�e�pp�a�. •
r Development Code is
SECTION 3: Subsection 18.390.040.G.2.c. of the Tigard Community
amended to read as follows:
C. Appeal procedures. Type III notice and hearing procedures shall be used
for all Type II Administrative Appeals, as provided in Sections 18.390.050
C-Felt.
SECTION 4: Subsection 18.390.040.H. of the Tigard Community Development Code is
amended to read as follows:
H. Final decision and effective datg. The decision of the Hearings Officer with
regard-teranp-on appeal of a Type II Administrative decision is the final
decision of the Citypti.poses of appeal on the day the decision is mailed. The decision i
and final.end effective Vin.the day nc�titxf the
decision 1s matted ; Lis final
Page 1
DRAFT
te, Hie appeal pedod filed--Iftn-a , o a
on dirday-aftertim
ISECTIONS: Subsection 18.390.050.G. of the Tigard Community Development Code is amended to read as follows:
IG. Final decision
Final decision.effective date and appeal; The decision of the
Review Autho ri'.--
2>rn;.:;r: .�,..;:r?;:::;::::::>:^» :::'ras.:.:.. F.y:rr:<:%irif• •:::::.:
l ,ncmurussrr �ng �cr
` Type III Ppea -lc,"J§is final for purposes of appeal on the
date mailed. yyy w#haiismg
.;:.r;%••:'•'. ...5.:i%x:,.y�or;.::.:rr+:;:'•...;, .r;r•.:.�:c.•i••'.;',+.;• •6+/::
may tr a Tyke dec�sta i fay in�i t ,U,
ot� ppel t't faretorrt 1r dxt
date�ot���?f the decrslpu is a��Ied. �h��'plrce�f��pi ���
in#lie Form slseeifieti xri�ectioa�fl 390 4J�0G�a�(2,�rre
pr+acuxwsi{ eotioix�1I.390{1�f3 C�F shad Iae£crtvy tztt
plof tile Revievv Atithority is e&ctive on the
::/q�:i+•?';^e::N::Oi'CHI+.Y:;:<.;end!:::.}'rc:nV.:ry:.ry.
�' �a1''h�rinn Ott AnnP,al e�e�zs� �f�}!�% �, ' fSt�itot�C?x#�Itlj?
eflF fry n ire 1 tp.n fioe,mftlxe.... oti is naifnd
SECTION 6: Subsection 18.390.080.A.I.d. of the Tigard Community Development Code is
amended to read as follows:
d "Effective date"means the date on which aparticular action or
decision may be undertaken or otherwise implemented.
f:< ...
oesr i "?a rch are sti eot t evt V"T b > `: " of
_ 1 #i PPS y 3', p:..
bawd;or of1•i�er,the sect;1'e date vvtii nornelly Iii tie day aII
the appeal per;odt ayiea dit � ex' ` p
pend hxptre the cfeciart .....................the sj o`tapreal
becomes effective sthe snomerit ti� �1�sssal� >< suiii
ine .s .tznose tnat air .nc�t subfept to.arty fu #hf appt 4r�tevc
�Viti3ln theity 8fBQtatly1ER:t1V$ ► uet� 43yJkiU1
dfi -I a appeal period has run , if the.e is an appeal, on the-clay
afte. the appeal is resolved-.
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DRAFT
SECTION 7: Subsection 18.620.010.8, of the Tigard Community Development Code is
amended to read as follows:
B. Development col&Qoance, All new developments, including remodeling
>:: .::..< :: k : on-sin le
and renovation projects resulting in�� pti� a:� g family
residential use,are expected to contribute to the character and quality of
the area. In addition to meeting the design standards described( ttii
apitr
belowandother development standards required by the
E✓ viit Development and Building Codes,stCf developments will be
required to:
Dedicate and improve public streets,iO tk C + lf that
d�ds�tis�n .Exi�p�t3v�t�n#is d�r,�tl�r�l�te�.end.ra�ghiy
p�ap�rtlntE .ta a�n t�tptt�;p �fii��d��+ei �s�e�€,
Connect to public facilities such as sanitary sewer,water and storm
drainage;and
3. Participate in funding future transportation and of public
improvement projects ani romr t
vithe Tigard Triangle,provided that
....h
the rertu►rement to panheagaftjirectly related-and rought
SECTION 8: Subsection 18.810.020.A. of the Tigard Community Development Code is
amended to read as follows:
A. When standards apply. Unless otherwise provided,the-standard
sV�v... a imcs-for construction, reconstruction or repair of streets,
sidewalks,curbs, and other public improvements within the eity-shall occur
in accordance with the standards of this title. No development may occur
klttd tt�►ld u&eppteI3tt may bepprcn? unless the public facilities
related to development comply with the public facility requirements
established in this section end adequate pubito f�oilfties are available
Appttcaztts may be requ�rett ddtoato tact aid butfdequtcec>F pubic
tmprowem�nts Duty wltert the requr�re�€ �a�� �s°dtrcctly r�l�tcdta`;�r
roughly proporttpnC.tv,the.�mpeteevelpmt<
SECTION 9: Subsection 18.810.030.A. of the Tigard Community Development Code is
amended to read as follows:
A. Improvements.
I. No developr::ent shall occur unless the development has frontage or
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approved access to a publwr;street.
�J:.i:ii{}.':�iiti:SY:$i%[�:ilii'L:14:;::�4/::`i}QS�Yi.YG�)f�YtQy{{�:fiV,:t�(fL,.:%;t,W,'.iR`:y��yj<?$;S,i,}v`:1:�{� •►cL�l]'�■RM}('4•:3+ti'tt;>'yfpY:Oaf;[.'j::1ST::YI.i}�'v'��]ti�yijy�'�:(>'::
2. IN!3.
� + �3�t�t�t'���'4 Sw1+.F k���FY'.{t .J�.�`i'�•P:!•iti!: /.�.F��MM�•}}:::C•ii:
<�l�i:i�if.<isf:�%:S{;%fN:;YF.•'i, J..iv':YNxyl:'i'YJF;•.MH.•%J$.+JJf�J::Y.✓•f�i`:;p �:.<r'S:?::Y'+:i'f.}�[>4::••vv}}
ot
PON etpar►er ;nhrardtua M",AM
trtdr } o
meet. �ndard..bp�.�ali��tr �:npt�v�mdtt#s•�e�tan�th+�
...:...::::..f..q•.':':4i:;::-.Vii::p...i'.iii••.:.}••:.ii'.ri%::i:ii:4:4f:.:rp%i.:!?iy;y:,:::...�::.:• .:.v;:.::y.
x.$.i.:.:.::x..:.:.C•... ..i.:..::•..:.,;.i:.�,;::>:..;..;:is gi {.:> o;}::.i:::.�:.;::.:i:��;dev+sl .�me��;
4. Any new street or additional street width planned as a portion of an
'4n accordanm,
existing street shall
be-dedicated and inkp.-Ove-
tHm-code
s. ftte ty cov dool cabs req ..h ,app, t
prvicl strut[marblrements the City Engineer may accept a future
improvements guarantee in lieu of street improvements if one or
more of the following conditions exist:
a. A'partial improvement is not feasible due to the inability to
achieve property design standards;
b. A partial improvement may create a potential safety hazard
to motorists or pedestrians;
C. Due to the nature of existing development on adjacent
properties it is unlikely that street improvements would be
extended in the foreseeable future and the improvement
associated with the project under review does not,by itself,
provide a significant improvement to street safety or
capacity;
d. The improvement would be in conflict with an adopted
capital improvement plan;
a
e. The improvement is associated with an approved land
partition on property zoned residential and the proposed
land partition does not create any new streets;or
f. Additional planning work is required to define the
appropriate design standards for the street and the
application is for a project which would contribute only a
Page 4
DRAFT
minor portion of the anticipated future traffic on the street.
6, ke ,an
7.
s
� �dalR air
�Ieyelo �oit"1 �; ct entf:
w�iere the�� a5.�ett In approving an t
ease to the standards,the approval authority shall determine
'pub In evaluating the
pu}ilis-hene€rt� pac a nee #,the approval authority
shall consider the criteria fisted m Section 18.810.030.E.1
hd�tm a star A . , maywib: tin? ,
�vo„uld� s�u�ili�zsaftY.�
SECTION 10: Subsection 18.810.070.A. of the Tigard Community Development Code is
amended to read as follows:
A. idewa Alsfia""Ti" d
�trds l�n:„ ee
stde� e. o
deelo�m nt ma r va e e
sidexadji�ing' ho e, elopm� e;ete to side
of thesfre, .
dewign-standar4q-as set fbi4h in the
-l— On beth sides F aFter-ial deelleeter-streets to L. built at the fif e e
2
On both sides-1-11 Ather-str-eets and k.F-destr-ian easements and-
Page 5
DRAFT ,
pedestrian ways
and
3. Ort one aide OF an-
SECTION 11: Subsection 18.8 1 0.080.A. of the Tigard Community Development Code is
amended to read as follows:
A. Dedication Requirements.
I. Where a proposed park,playground or other public use shown in a
development plan adopted by the City is located in whole or in part
in a subdivision,the Commission may require the dedication or
reservation of such area within the subdivision,"..'..'P .
res+�rvatton orf`dedication:s r�u�hly pz�p�rtifa tu.the;�m� �f
th�.subdrvts�ati off,�#��psi' .system;
2. Where considered desirable by the Commission in accordance with
adopted comprehensive plan policies,and where a development
plan of the City does not indicate proposed public use areas,the
Commission may require the dedication or reservation of areas
within the subdivision or sites of a character, extent and location
suitable for the development of parks =&other public use,
pr+a�rded that the reservation ac dedtcat��n rs iraug�iy prcp�r���tx
to tbp tmp�4`t c�fthc.subdrvtslon on tie p�r�cyst .;
SECTION 12: Subsections 18.8 10.1 10.A. and B. of the Tigard Community Development
Code are amended to read as follows:
A. Bikeway extension. Developments adjoining proposed bikeways identified
on the City's adopted pedestrian/bikeway plan shall include provisions for
the future extension of such bikeways through dedication of easements or
rights-of--way,prvv;ded such dedication r dcrectlrrelate #+ .aid aught
prcportoinaI fo thc.impac$,at the�evelopmen#.
B. Cost of construction. Development permits issued for planned unit
developments, conditional use permits, subdivisions and other
developments which will principally benefit from such bikeways shall be
conditioned to include the Aust or construction of bikeway improvement
a�amount rgtsg�tly.pror�ipn��tv�e ti;��,,��.n�th�r�eve�c►prz� x�
Page 6
R `T
Q l�
SECTION 13: The Tigard Community Development Code is amended by adding a new
subsection 18,810.020,E. to read as follows:
:..•::. ::MAM
:" tre "'#sella .. trt *'; {ttles a . dSts ,et< ir
gf\acm\90024\codeamend,rd1(6/4/99)
Page 7
EXHIBIT 6
Agenda Item:
Hearing Date: July 19,1999
(iY OF YIOARD
SECTION 1• APPLICATION SUMMARY
FILE NAME: CLARIFYING AMENDMENTS RELATING TO FINAL DECISIONS,
EFFECTIVE DATES. APPEAL REQUIREMENTS, DEVELOPMENT
CONEORMAN STANDARDS APPLICABILITY, AND
DEDICATION AND IMPROVEMENTS REQUIREMENTS,
CASE: Zone Ordinance Amendment ZOA 1999-00002
PROPOSAL: The City of Tigard proposes clarification amendments to the Tiggard
Communityy Development Cade languagge in Sections 18.340.020.G.,
18.390.040.F., 18.390.040.G.2.c., 15.390.040.H., 18.390.050.G.,
18.390.080.A.1.d., 18.620.010.B., 18.810.020.A., 18.810.020.E.,
18.810.030.A., 18.810.070.A., 18.810.080.A. and 18.810.110.A.&B. to
better define Final Decisions, Effective Dates, Ap�eal Requirements,
Development Conformance, Standards Applicability, and Dedication
and Improvements Requirements.
APPLICANT: City of Tigard OWNER: N/A
13125 SW Hall Boulevard
Tigard, Oregon 97223
ZONING
DESIGNATION: N/A
LOCATION: Citywide
APPLICABLE
REVIEW
CRITERIA: Statewide Planning Goals 1, 2, 3 and 11; Tigard Comprehensive Plan
Policies 1.1.1.a., 2.1.1, 2.1.3, 7 and 8; and Community Development
Code Sections 18.380.020 and 18.390.060.G.
EC;7I0iv j : ZtHrr r[cCytvnvecNDATION
Staff a e s hat e a :s5 0" eopos r i ance
e P O L u ect o o Io a o f io
a
//19/Yy a i nrr na_r v..o
r FREFORT TO THE ci AIWNG COMMISSION Page 1 of 3
ZOA 1999.=2,;LARIFYING CODE AMENDMENTS
SECTION III, BACKGROUND INFORMATION
City Staff has been working with the City Attorney's office to clarify ambiguities in
Development Code language relating to public improvements, effective dates and final
decisions. It clarifies that Type 11 procedures concludes with appeal to the Hearings Officer
as was intended and written originally. Amendments to improvement requirements and
relative to dedication provide for greater assurance of compliance with Dolan.
Ordinance language .as drafted by the City Attorney's office is attached. Additions are
redlined and deletions shown by strikeout.
SECTION IV APPLICABLE REVIEW CRITERIA
The relevant criteria in this case are Statewide Planning Goals 1, 2, 3 and 11; Tigard
Comprehensive Plan Policies 1.1.1.a., 2.1.1, 2.1.3, 7 and 8; and Community Development
Code Chapter 18.390.
The proposal is consistent with the applicable Statewide Planning Goals based on the
following findings:
1. Goal 1, Citizen Involvement, is met because the City has followed its adopted citizen
involvement program which involved review by its Citizen Involvement Team
structure, and public hearings as listed above. The City's Citizen Involvement
is Policies in the Comprehensive Plan have been acknowledged to be in compliance
with Goal 1. Notice for all hearings was provided in the Tigard Times which
summa:-ized and outlined the amendments being made to existing code provisions
and was done so for each public hearing. Copies of the ordinance drafts have been
available at least seven days prior to the hearings which follows Community
Developmef it Code Procedure.
2. Goal 2, Land Use Planning, is met because the City applied all relevant Statewide
Planning Goals, City Comprehensive Plan Policies and Community Development
Code requirements in review of this proposal.
3. Goal 3, Natural Features and Open Space are met because these policies call for
development control of floodplains and greenway areas and these provisions provide
a tool consistent with recent case law to assess the impact and need for.
improvements, reservations and dedication that is roughly proportional to the impact
of the development.
4. Goal 11, Public Facilities and Services and Goal 12 Transportation, are met because
the proposed measures assist in implementing the provision of public facilities and
services, and transportation facilities in a more timely, orderly and efficient manner to
provide better defined levels of service improvements consistent to the impacts of
those developments.
7/19/99 STAFF REPORT TO THE PLANNING COMMISSION. Pago 2 of 3
YOA 19W40001IUMIFYING CODE AMENDMENTS
The proposal is consistent with the City's acknowledged Comprehensive Plan based on the
following findings;
1. Policies 1.1.1.a. and c. are satisfied because the proposed code changes are
consistent with Statewide Planning Goals as indicated above and the changes help
to keep the development code current with local needs and recent case law.
2. Policies 2.1.1 and 2.1.3 are satisfied because the proposal has been reviewed at
public hearings and through the City's Public Involvement process.
3. The proposed changes are consistent with the provisions of Comprehensive Plan
Policies 7, Public Facilities and Services and 8, Transportation which call for ensuring
that as a precondition to development, developments coincide with the availability of
adequate services and that development is to provide streets and right-of-way
consistent with City standards. The proposed chpnges clarify ambiguities in existing
code language that will help to assure compliance with Dolan.
4. Community Development Code Section 18.390.060.6. which establishes procedures
for legislative code changes is satisfied according to the above findings. No other
applicable Metro,federal or state regulations apply.
SECTION V OTHER STAFF COMMENTS
The City of Tigard Engineering Department, Police Department, and Building Division
have reviewed the proposal and have offered no comments or objections.
SECTION VI. -_ AGENCY COMMENTS
GTE, NW Natural Gas Co., Cablevision, PGE, Metro Area Communications,US West
Communications,Tri-Met Transit Development,Washington County Dept.of Land Use
& Transportation, Metro Area Boundary Commission, Oregon DLCD, ODOT and
members of the Citizen Involvement Teams have all had the opportunity to review the
proposal and have offered no comments or objections.
No other comments have been received.
6/30/99
PREPARED BY; Richard Bewoddif DATE
Planning Ma ager
__ - .
-W-19/99
.n ate
7/18/99 STAFF REPORT TO THE PLANNING COMMISSION Pam
ZoA 199940002K ARIFYING CODE AMENDMENTS