The URL can be used to link to this page

City Council Packet - 10/10/1983 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an ;. REGULAR MEETING AGENDA agenda item needs to sign on the appropriate OCTOBER 10, 1983, 7:30 P.M. sign-up sheet(s). If no sheet is available, FOWLER JUNIOR HIGH ask to be recognized by the Chair at the start 10865 SW WALNUT of that agenda item. Visitor's agenda items are TIGARD, OREGON 97223 asked to be kept to 2 minutes or less; longer matters can be set for a future Agenda by con- tacting either the Mayor or City Administrator. 1. REGULAR MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Non-Agenda Items _ 2. VISITOR'S AGENDA (2 Minutes or Less, Please) COUNCIL RECESS 3. TURA MEETING 3.1 Call to Order and Roll Call 3.2 Business Meeting 3.3 Adjournment CUUNCIL RECONVENE 4. ECONOMIC DEVELOPMENT REPORT Director of Planning and Development 5. INSURANCE ASSOCIATES TEMPORARY USE - PUBLIC HEARING Public Hearing Opened Staff Recommendation - Continue to 10-17-83 6. ST. ANTHONY'S TEMPORARY USE - PUBLIC HEARING Public Hearing Opened Summation by Planning Department Public Testimony: Proponents, Opponents, Cross Examination Staff Response Public Hearing Closed Council Consideration 7. 68TH AVENUE LID #43 (Continued) ODOT/68th Avenue - Franklin to Hampton Funding• Resolution No. 83- Director of Public Works 8. DARTMOUTH LID DISCUSSION Director of Public Works 9. FINAL ACCEPTANCE SCHECKLA PARK SUBDIVISION RESOLUTION NO. 83- Director of Public Works 10. 67TH AND GONZAGA STREET VACATION RESOLUTION NO. 83- City Recorder PAGE 1 - COUNCIL AGENDA - OCTOBER 10, 1983 11. NO PARKING AMENDMENTS f' 11.1 SW 115th - Ordinance No. 83- 11.2 SW Mair_ Street -- Ordinance No. 83- Director of Public Works 12. ESEE ELEMENTS TO COMP PLAN - PUBLIC HEARING Public Hearing Opened Summation by Planning Department Public Testimony: Proponents, Opponents, Cross Examination Staff Response Public Hearing Closed Council Consideration 13. DEVELOPMENT CODE (Continued From September 19, 1983) Summation by Planning Staff Consideration by Council 14. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 14.1 Approve Resolution No. 83- 91 Setting Public Hearing for Plat Vacation - Gulf Side Estates 14.2 Approve Resolution No. 83- 92 Accepting Public Improvements - McDonald Acres 14.3 Approve Resolution No. 83- 93 Accepting Public Improvements - London Square II `. 14.4 Approve Resolution No. 83- 94 Adjusting FY 1983-84 Budget 14.5 Approve Resolution No. 83- 95 Imposing a Return Check Fee 14.6 Receive and File: o League of Oregon Cities Conference Registration 14.7 Approve Council Minutes - 9/26/83 14.8 Approve 78th/Pfaffle/Spruce St. Annexation Resolution No. 83- 96 14.9 Approve Signing Agreement and Purchase Order For Computer Software For Engineering Programs 15. NON-AGENDA ITEMS: From Council and Staff 16. ADJOURNMENT (DH:lw/0316A) PAGE 2 - COUNCIL AGENDA - OCTOBER 10, 1983 T I G A R D C I T Y C O U N C I L f- t REGULAR MEETING MINUTES - OCTOBER 10, 1983 - 7:30 P.M. 1. ROLL CALL: Present: Mayor Wilbur Bishop; Councilors: Tom Brian , John Cook, and Kenneth Scheckla; City Staff: Frank Currie, Director of Public Works and Acting City Administrator; Doris Hartig, City Recorder; Bill Monahan, Director of Planning & Development; and Tim Ramis, Legal Counsel. 2. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS UNDER OPEN AGENDA o Acting City Administrator stated the memo distributed to Council regarding the park reservation system was for their information and an item to be discussed at a later date. o Councilor Scheckla, on behalf of Councilor Scott, requested the 72nd LID status report be discussed. 3. VISITOR'S AGENDA a. Paul Heavirland, 8685 S.W. McDonald, Tigard, submitted a copy of storm water bill addressed to "occupant", stating ha refused to pay until the statement was addressed to the named owner. Staff to review billing procedures and report back. b. Marvin Smith, property owner behind Tigard Senior High School and near Cook Park, spoke to the density designation of his land. He would like to have increased from low density to medium and requested a comprehensive plan change. Planning Director commented the Planning Commission did recommend medium density but when the matter came before Council it was changed. He commented that at this point in the process of adopting the Compehensive plan, the Council can initiate the change for Mr. Smith. Council discussed past testimony regarding this area and the change to low density. Motion by Councilor Cook, seconded by Councilor Scheckla that Council initiate the petition to change the zone. o Mayor Bishop commented he felt Mr. Smith should initiate the request and go through the process and could not support the motion. Motion passed by 3-1 vote of Council present with Mayor Bishop voting NAY. C. John Duncan, property owner at S.W. 74th and Durham Road, stated he was there to answer any questions Councilor Scheckla had regarding the additional fill dirt on his property. He continued by stating he has not authorized anyone to add fill dirt on his property. Councilor Scheckla responded he had no other concern but to see that everyone get the same fair treatment in the City. Director of Public Works stated staff had looked at the site and that additional fill material has been placed. Mr. Duncan stated he has now posted signs and placed a cable across his property to keep people out. Staff is to monitor the situation. PAGE 1 - COUNCIL MINUTES - OCTOBER 10, 1983 C COUNCIL RECESSED AT 8:03 P.M. and RECONVENED AS TURA BOARD � s 4. TURA MEETING c 4.1 ROLL CALL Present: Chairman Wilbur Bishop, Board members Tom Brian, John Cook and Kenneth Scheckla a o Lyle Stewart, consultant, gave final report on revisions needed to the plan and suggested the Board take the items under advisement. He stated this information may be useful for some future projects for P the City. Planning Director commented that Mr. Stewart has gone far beyond his contract and thanked him for his services. Planning Director stated he will report at the next meeting how the project will wind down and TURA will fulfill its obligations. TURA MEETING ADJOURNED AT 8:10 P.M. COUNCIL RECONVENED 5. ECONOMIC DEVELOPMENT REPORT t i o Director of Planning and Development commented on his recommendation . for a new economic development program focusing efforts on the following four areas: 1) the Tigard Triangle; 2) the Central Business District; 3) the North Tigard/Cascade Blvd. Area; 4) the 72nd Ave. Industrial Area. He suggested a Committee be formed as suggested in his memo to stimulate economic development in those r areas. Council felt the Planning Director was taking the right approach, however, suggested the committee be composed of three at E large representatives who would have experience in economics and public relations. Staff to prepare a resolution and bring back for Council consideration. 6. INSURANCE ASSOCIATES TEMPORARY USE - PUBLIC HEARING a. Public Hearing Opened a x o Staff recommended the item be continued to October 17, 1983, at 7:30 P.M. r' t b. Motion by Councilor Cook, seconded by Councilor Brian to continue to October 17, 1983. 4 Motion approved by unanimous vote of Council present. 7. ST. ANTHONY'S TEMPORARY USE r c a. Public Hearing Opened o Staff synopsized memo noting they were requesting temporary classroom space for a 9 month period. o Dennis Henninger, Attorney for applicant, 5050 Douglas Way, Lake } Oswego, Oregon, spoke to the classroom crowding and the need for a temporary classroom space. The second phase of their building c PAGE 2 - COUNCIL MINUTES - OCTOBER 10, 1983 f program is to be completed by September 1984, and if not done will i ask for a reasonable extension. He noted there would be no auto Kr access from off 99W to the school. 4' o Staff recommended the Temporary Use be approved as long as the v applicant can site the building at least as far back as the school. The Building Department will look at the necessary fire, life safety features to be sure the building meets the code. b. Public Hearing Closed 's C. Motion by Councilor Cook, seconded by Councilor Brian, to approve the Temporary Use until October 10, 1984. z Motion approved by unanimous vote of Council present. ? 8. 68TH AVENUE LID #43 (continued) s a. Staff reported on results of meeting with Rep. Norm Smith and ODOT/Federal Highway Administration officials. Staff recommended E. adoption of resolution. requesting ODOT extend construction of S.W. 68th Avenue southerly from S.W. Franklin to Hampton in lieu of constructing Franklin to collector standards contrary to city comprehensive plan. b. RESOLUTION No. 83-96 - A RESOLUTION REQUESTING O.D.O.T. EXTEND CONSTRUCTION OF S.W. 68TH AVENUE SOUTHERLY, FROM S.W. FRANKLIN STREET, TO INTERSECT S.W. HAMPTON STREET IN LIEU OF CONSTRUCTING S.W. FRANKLIN FROM S.W. 68TH TO S.W. 66TH TO COLLECTOR > STANDARDS CONTRARY TO THE CITY'S COMPREHENSIVE PLAN. C. Motion by Councilor Brian, seconded by Councilor Cook, to approve. Approved by unanimous vote of Council present. o Staff to report back status of LID at 12/12/83 meeting. 9. DARTMOUTH LID DISCUSSION o Director of Public Works requested this item be removed from the agenda as the consultant was not ready. 10. FINAL ACCEPTANCE SCHECK;.A PARK SUBDIVISION h` a. Director of Public Works noted one item that is different and means a change in Council policy as it relates to sidewalk construction. A € large number of lots have not been built upon and therefore the sidewalks have not been completed. Council discussed developer's request, suggesting sidewalks for all lots bordering on S.W. Sattler should be completed now. PAGE 3 - COUNCIL MINUTES - OCTOBER 10, 1983 o Fred Wardin, partner of Ward West Inc. Dev. Co. , testified in support of the resolution and was agreeable in placing sidewalks along S.W. Sattler Rd. b. RESOLUTION NO. 83-97 - A RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE COMPLETED PUBLIC IMPROVEMENTS C0NS7:RUCTED WITHIN SCHECKLA PARK ESTATES SUBDIVISION, SUBJECT TO FINAL INSTALLATION OF SIDEWALKS. C. Motion by Councilor Cook, seconded by Councilor Brian, to approve. d. Motion by Councilor Cook, seconded by Councilor Brian, to amend resolution that all lots on S.W. Sattler shall be completed as a condition of the passage of this resolution. Motion approved to amend Resolution 83-97 by majority vote of Council present, with Councilor Scheckla abstaining. 11. RESOLUTION No. 83-98 - A RESOLUTION CONCERNTNG VACATION OF A PORTION OF S.W. 67TH AVENUE AND S.W. GONZAGA STREET, A DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. a. Mayor Bishop inquired if anyone wished to speak regarding the petition. No one responded. City Recorder noted her memo and t. recommend a public hearing be set for November 14, 1983, at 7:30 P.M. b. Motion by Councilor Brian, seconded by Councilor Scheckla, to approve. Approved by unanimous vote of Council present. 12. NO PARKING AMENDMENTS 12.1 ORDINANCE NO. 83- - AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 10.28, OF THE 2IGARD MUNICIPAL CODE BY ADDING TO SECTION 10.28.130 TO PROHIBIT PARKING ON A PORTION OF S.W. 115TH AVENUE, DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. a. Director of Public Works referred to information summary report y noting the traffic hazards on S.W. 115th. Staff is recommending restricting parking on the west side from S.W. Gaarde to S.W. Fonner. Council expressed concern that the property owners were not notified that parking would be restricted. Council discussed alternatives to staff proposal and how to solve the traffic hazards. i b. Motion by Councilor Cook to table item for two weeks. C. After discussion by Council, Councilor Cook withdrew the motion. o Consensus of Council was for staff to notify property owners on S.W. 115th of the contemplated action and report back. PAGE 4 - COUNCIL MINUTES - OCTOBER 10, 1983 . k' Moll 12.2 ORDINANCE NO. 83-46 - AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 10.28, OF THE TIGARD MUNICIPAL CODE BY ADDING TO SECTION 10.28.130 TO PROHIBIT PARKING ON A PORTION OF S.W. MAIN STREET, DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. a. Staff recommended approval of ordinance referring to staff summary report. o J.B. Bishop, Suite 303, 10505 S.W. Barbur Blvd. , Portland, spoke before Council stating he had no knowledge of contemplated action. He testified he preferred to not have the three temporary parking spots, as the tenant's customers could park in the adjoining lot. Director of Public Works recommended the three temporary parking spaces be allowed at this time. b. Motion by Councilor Cook, seconded by Councilor Brian, to adopt. Approved by unanimous vote of Council present. o Mr. Bishop also reported to Council the improper use of the two left turn lanes at the entrance to 99W from S.W. Main. Director of Public Works stated staff is monitoring traffic at that intersection. 13. E.S.E.E. ELEMENTS TO COMP PLAN a. Public Hearing Opened o No one testified. o Director of Planning and Development summarized memo and noted staff recommendation to approve the document and make it a part of the Open Space Element of the Comprehensive Plan. o Planning Director added that the identified resources noted under Section II will not have an effect on the property owners ; only encourage them to preserve the resources. o J.B. Bishop, Suite 303, 10505 S.W. Barbur Blvd. , Portland, Oregon, asked for clarification of resource identified as "G" Fanno Creek Park/Main Street. Staff responded there was no reference in this document to the 100-year floodplain and will add to final document. o Council discussed the map and report and suggested clarification of "II All, Little Bull Mountain Natural Forest. Staff will make adjustments and bring document back for ratification in the comprehensive plan. b. Public Hearing Closed MEETING RECESSED AT 9:45 P.M. AND RECONVENED AT 10:05 P.M. PAGE 5 - COUNCIL MINUTES - OCTOBER 10, 1983 14. DEVELOPMENT CODE (Continued from September 19, 1983) ` a. Director of Planning and Development reviewed staff report and noted list of items to be resolved by Council. Consensus of Council was to go over the items and make recommendations. After discussion with staff consensus of Council on the following items is: 1. "Flexible setbacks" - uniform setback in CN Zone, minimum setback 20' . 2. "Assessory structure height limit" - rescrict any accessory structure over 3' in height, not be allowed within 3' of building. 3. "Sattelite dishes" - add condition to page 284 of code to keep height restriction at 10 feet on ground; recommended large sattelite dishes not be allowed on roofs. 4. "Industrial uses in CBD zone" - do not allow industrial uses in CBD district. Staff has worked out with Robert Randall Co. to deal with their storage problem. 5. "Wholesale, Storage and distribution" - Remove mini-warehouse and light. 6. "Eliminate residential uses as mixed use in conjunction with commercial uses in the CG, CN and CP districts, plus density issues".- Allow residential in CP district and discourage in CG or CN zone, - R20-40 density for CP district. 7. "Allow written and oral arguments" - Consensus oral testimony may be presented if on previous arguments. 8. "Caliper of street trees required should be 3" - 4' above ground; trees to be pruned to 13' local streets; 15' collector streets; and 18 on arterials. 9. "Deadline on placement of final asphalt lift" - recommend adding "not to exceed 3 years or 90% buildage". 10. "Setbacks for multi-family uses located in CBD zone" - required setback for multi-family uses to be 5 feet. 11. "Definition of residential use types in CBD zone" - consensus definition O.K. 12. "Business Tax included as a requirement" - consensus O.K. to include. o Additional item discussed: billboards on SW 99W - consensus to limit number of billboards on 99W; existing billboards to be grandfathered. o Staff clarified items previously discussed and noted minor changes as well as reporting several pages of Mr. Cox's notations would be included as previously agreed. o Staff and Attorney will work on Administrative Procedures and bring back document to Council for public hearing on November 7, 1983. o Mayor Bishop, with Council concurrence, requested no further public input but rather that citizens testify at th public hearing. f t F C PAGE 6 - COUNCIL MINUTES - OCTOBER 10, 1983 b. Motion by Councilor Brian, seconded by Councilor Cook, to adopt comprehensive plan as presented by staff, with consensus reached tonight, with public hearing set for November 9, 1983 as final adoption. o Mayor Bishop noted he would give further comments at that time. Motion carried by unanimous vote of Council present. 15. Councilor Scheckla requested Consent Agenda Items 14.4 ADJUSTING FY 83-84 BUDGET and 14.5 IMPOSING NSF CHECK FEE be removed from consent agenda. a. Motion by Councilor Brian, seconded by Councilor Cook to remove from agenda. Approved by unanimous vote of Council present. 16. RESOLUTION NO. 83-91 - A RESOLUTION CONLERNING A PLAT VACATION OF LOTS 1 THROUGH 13 OF GULF SIDE ESTATES, A PLAT OF RECORD, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. a. Motion by Councilor Brian, seconded by Councilor Cook, to approve. Approved by unanimous vote of Council present. o No one appeared to speak on this item. 17. RESOLUTION No. 83-92 - A RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN MC DONALD ACRES SUBDIVISION, SUBJECT TO HEREIN SPECIFIED CONDITIONS. a. Motion by Councilor Brian, seconded by Councilor Cook, to approve. Approved by unanimous vote of Council present. 18. RESOLUTION No. 83-93 - A RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITH LONDON SQUARE II SUBDIVISION, SUBJECT TO HEREIN SPECIFIED CONDITIONS. a. Motion by Councilor Brian, seconded by Councilor Cook, to approve. Approved by unanimous vote of Council present. 19. RECEIVE AND FILE 19.1 LEAGUE OF OREGON CITIES CONFERENCE REGISTRATION a. Motion by Councilor Brian, seconded by Councilor Cook, to receive and file. Approved by unanimous vote of Council present. PAGE 7 - COUNCIL MINUTES - OCTOBER 10, 1983 19.2 APPROVE COUNCIL MINUTES SEPTEMBER 26, 1983. l a. Motion by Councilor Brian, seconded by Councilor Cook, to approve. Approved by unanimous vote of Council present. 20. APPROVE 78TH/PFAFFLE/SPRUCE STREET ANNEXATION a. RESOLUTION No. 83-96A - A RESOLUTION FURTHERING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND DESCRIBED IN EXHIBIT "A" ATTACHED (78th & Pfaffle). b. Motion by Councilor Brian, seconded by Councilor Cook, to approve. Approved by unanimous vote of Council present. 21. APPROVE SIGNING AGREEMENT AND PURCHASE ORDER FOR COMPUTER SOFTWARE FOR ENGINEERING PROGRAMS. a. Motion by Councilor Brian, seconded by Councilor Cook, to approve. Approved by unanimous vote of Council present. 22. RESOLUTION NO. 83-94 - A RESOLUTION ADJUSTING THE FISCAL YEAR 1983-84 BUDGET, RECOGNIZING REVENUE, TRANSFERRING FUNDS AND APPROPRIATING CONTINGENCY. a. Councilor Scheckla questioned why the Administration Department is running over budget and the Green Thumb Program. Finance Director responded the adjustment to Administration Budget was result of Council approving City Administrator's salary increase. Green Thumb program was explained, noting they were working 20 hours per week and under a program to run continuously through FY 83-84. b. Motion by Councilor Cook, seconded by Councilor Brian, to approve. Approved by 3-1 vote of Council present with Councilor Scheckla voting NAY. o Councilor Scheckla explained he voted "no" as he does not support increase in City Administrator's salary. 23. RESOLUTION No. 83-95 - A RESOLUTION ENACTING A FEE FOR THE COST OF ACCOUNTING AND PROCESSING OF CHECKS RETURNED BY BANKING INSTITUTIONS TO THE CITY FOR NON-PAYMENT. a. Council discussed if the $15 NSF return check fee was adequate and that the citizens should be notified. Finance Director explained the banks charge $6.50 per item and the additional $3.50 is for staff time and material. Council requested this item be monitored to be sure city costs are covered. PAGE 8 - COUNCIL MINUTES - OCTOBER 10, 1983 F f • t b. Motion by Councilor Brian, seconded by Councilor Cook to approve i resolution with the effective date to be January 1, 1984. i Approved by unanimous vote of Council present. o Staff to inform citizens through newsletter of NSF charge. P t 24. 72ND AVENUE LID REPORT E a. Councilor Scott had requested a report on the project and staff referred to memorandum in Council packet to Councilor Scott. Consensus of Council was to request Engineer DeHaas to write letter giving specifics regarding driveways, sight-of-ways and items to be completed. 25. MEETING ADJOURNED AT 11:30 P.M. City Recorder - City of gard ATTEST: Mayor - City of Tigard (DH:pm/0867A) l PAGE 9 - COUNCIL MINUTES - OCTOBER 10, 1983 ,4 y� i Date- - - --- .... -- _. _- ------- --- - I wish to testify before the Tigard City- Council on the following item: (Please print your name) AGENDA ITEM # 6 Item Description: ST. ANTHONY'S TEMPORARY USE ri r. Proponent (for) Opponent (against) Same, Address and Affiliation Name, Address and Affiliation Yo �7'tG( Lam / Z/s GLa i ✓ 1) - /�! i i i e f a } s i t 4 k d t S{F `i !F E f i s r Da to 10/10/83 T I wish to testify before the Tigard City Council on the following item: (Please print your name) AGENDA ITEM # 2 - VISITOR'S AGENDA a.,e, Address & Affiliation / Item�escription .�---�� 1 � z✓ z� e1 �G�s svt/i�-t�/��.-� z l c1 s e �� r do J` � �,. n s� A ft2 Age �6- d M E M O R A N D U M TO: Ima Scott, City Councilwoman FROM: Frank Currie, Public Works Director SUBJECT: Request for Status Report of 72nd A nue Construction Relative to October 15 Completion Date. Attached is a rough comparison of the estimated bid costs and estimated final costs for this project. The amounts are broken down into eight broad categories showing: (1) Bid Estimate, (2) Built to date (thru Aug.) , (3) Estimated final cost, and (4) percent over estimates. While some items show a large percentage increase over estimates, you will note that the estimated total cost is only about 5% above estimates exclud- ing change orders which are, for the most part, not a project cost, but attributable to specific properties or to the city sewer fund. An inspection of the job site will show that the contractors responsibili- ties are substantially complete. Major works remaining to be completed are the pavement markings (contractor) , railroad crossing (Southern Pacific) and traffic signal activation (O.D.O.T. ) . It appears from this rough evaluation that the contract with Columbia Excavating will be completed on time and well within normal limits for a project of this magnitude. CC: City Council Bob Jean, City Administrator 4 CE111 ii ill t f i t w E i 6 4 CONSTRUCTION STATUS S.W. 72nd AVENUE L. I.D. N 21 BUILT EST. FINAL ITEM AMOUNT TO DATE AMOUNT PERCENTAGE 1. Grading & Paving $143,449.51 $143, 252.00 $143, 252.00 -0. 1 2. Base & Leveling Course 154,908.12 200,859. 18 200,860.00 +22.9 3. A.C. Pavement 459,434.88 217,003.41 475,000.00 +3. 3 1 f G 4. Curbs 67,222.65 71,713.15 71,750.00 +6.4 5. Storm drainage 394,715.30 410,639.00 410,640.00 +3.9 6. Traffic Signals 195, 100.00 133,613.50 190, 100.00 -2.6 7. Misc. 135,746.50 81,644.68 136,000.00 (' 8. Change orders 1,550,596.00 1,258,724.92 1,627,600.00 +4.8 1. $215 $215. 2. 5,916.64 5,916.64 3a Wash Co 9,284.00 9, 284.00 b Pac Trust 4,012.90 4,012.90 c So. Pacific 10,407.80 10,407.80 d City Sewer Fund 10, 300.00 10, 300.00 1 , 550,596.00 1 , 12 %,614. 20 1 ,696, 494.00 +8.6 E r s f 1 � - CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 10, 1983 AGENDA ITEM 4: DATE SUBMITTED: October 5, 1983 PREVIOUS ACTION: ISSUE/AGENDA TITLE: T.U.R.A. REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY f Lyle Stewart will be present to present his final report on the revisions needed to our CBD plan. He has -completed his study. I will also discuss the transition of our emphasis on revitalization of the CBD from TURA to our economic development program. - t ALTERNATIVES CONSIDERED e F t SUGGESTED ACTION Hear the report of Lyle Stewart. r AMENDMENTS TO REPORT TIGARD URBAN RENEWAL PLAN Patterson, Stewart and Associates October 3, 1983 AMENDMENTS TO REPORT ACCOMPANYING TI-IF TIGARD URBAN RENEWAL PLAN Amendment 1 - Title Page - Bottom of Page ADD: Amended by Tigard City Council on 19 Amendment 2 - Page (I) -- Correct names as required. Amendment 3 - Pages 3 and 4 - Subsection A-4 which reads: 4. VALUE OF LAND AND IMPROVEMENTS. THE ATTACHED TABLE, LAND AND I[-1E'ROV[_-MFN1; VALUE BY BLOCK, SUMr1l1R I ZES THE 1981-82 RE=AL PROPERTY TAX ROt_1_ FOR THE DOWN- T01%1N REVITALIZATION AREA. ASSES VALUE IS StltfMn21tE:D BELOW: i shall be amended to read: The assessed value of County assessed taxable property only is as follows: County Assessed Value Land $10, 068,245 Improvements 16,451, 745 Total $26, 519,990 Amendment 4 - Page 4 --Mid page which reads: THE TRUE CASH VALUE OF LAND AND IMpiZOVEM.ENTS WI THIN THE RENEVIAL AREA IS ESTIMATED AS FOLLOVIS: ASSESSL_0 VALUE TRUF CASH VALUE HOMESTEAD 847,872 1,039,059 NON-HOMESTEAD 25,672,118 30,41Y,201 TOTAL $26,519,990 $31,456,26o shall be amended to read: - 1 - The 1981-82 Assessed Value and True Cash Value of all taxable land and improvements within the Renewal Area is estimated as follows: Homestead $ 1, 356,600 $ 1, 608,300 Non-Homestead 39, 711,400 47,081, 700 Total $41,068,000 $48, 690, 000 Amendment 5 - Page 4 -- Subsection A-5, which reads: 5 AFFECTED TAXING BODIES THE FOLLOWING AGENCIES LEVY TAXES WITHIN THE DOWNTOWN REVITAI_I7ATION AREA: f WASHINGTON COUNTY I WASHINGTON COUNTY ESD PORTLAND COMMUNITY COLLEGE JT. SCHOOL DISTRICT 41123 JT. i TIGARD WATER DISTRICT UNIFIED SEWERAGE AGENCY 11 TUALATIN RURAL FIRE PROTECTION DISTRICT JT. PORT OF PORTLAND JT. METRO SERVICE DISTRICT METZGER WATER DISTRICT ' shall be amended to read: The following eleven Agencies levy taxes within the Urban Renewal Area: i 1. Washington County . 2. Washington County Education Service District (ESD) ' 3. Portland Community College Joint District 4. Port of Portland Joint District 5. School District No. 23 Joint f E 6. Tigard Water District 7. Unified Sewer Agency (USA) f 8. Tualatin Rural Fire Protection District 9. City of Tigard 10. Metropolitan Service District 11. Metzger Water District (Combined and Indebtedness) 1- k E t F i t f k- F! I - 2 - Amendment 6 - Page 14 -- Section B, first paragraph, which reads: THE UR6M RENEWAL I'LAN S0DULD f AVE' Or1t y !� Srv',L1 Irl( .;C E l."i. EO /11,E)ED SERvICES OR INCREASED POPULATION. SINCE TI 1E l'KO,)E:C f ,^,C I IVI I I E-S ARF TO E'ROV I DE PHYSICAL INFRASTRUCTU::E NECESSARY TO SUPI'OR-i NEW Df-VLLOPME1Jf_T, THERE WILL NOT BE A NEED FOR ADDITIONAL PHYSICAL 1MPkOVEMENI S AS A PESLILT OF THIS PROJECT. IN FACT, OPERATION AND MAINTENANCE COSTS SEfOU1.D E3E: REDUCLO AS A RESULT OF THESE IMPROVEMENTS. FANNO CREEK PARK, IF COrfPLETELY DrVFLOPFD, HAS BEEN ESTIMATED BY THE ORB ORGA1v 1 7AT I ON TO COST 51.;, Ii00 PE- YEAR FOR r1A I t\J I ICE CIN 1980 DOLLARS. Add the following sentence to the first paragraph: However, Local Improvement Districts are proposed to be utilized to finance portions of the project improvements. fourth and fifth paragraphs which read: IT IS ESTIMATED THAT THE ASSESSED VALUE_ OF NF1: DEVLLOPMENT IN THE URBAN RENEWAL AREA MAY REACH 50 MILLION DOLLARS BY 1992. THIS ESTI MATE IS BASED ON A PROJECTED ANNUAL CONSTRUCTION OF 3 MILLION DOLLARS PEP, YEAR IN 1982 DOLLARS. CONSTRUCTION COST IS ASSUMED TO INCREASE 8 PERCENT PER YEAR, AND ASSESSED VALUE OF COMPLETED STRUCTURES IS ASSUh1_:D 10 INCREASE AT A RATE OF 5 PERCENT PER YEAR. AT THE END OF THE URE3AN RENEWAL. PROJECT, THIS ASSESSED VALUE WOULD BE ADDED TO THE TAX ROLLS. IF TAX LEVIES REMAIN CONSTANT, TAX RATES WILL BE REDUCED. FOR EXAMPLE, IF THE CITY`S ASSESSED VALUE INCREASED 8 PERCENT PER YEAR COi-(POUNDED, THE TOTAL 1991/92 VALUE 4:OUL-0 BE 1, 358 MILLION DOLL-ARS. IF THE CITY TAX LEVY WERE HELD CONSTANT AT 51, 629,600 (1, 358, 000 T 114ES $1.20 PEP 1, 000), THE TAX RATE 14OULD BE REDUCED BY 11 CENTS l-" i.`_N Tf IF ADD I T I ONAL ASSESSED VALUE WAS ADDED TO *THE TAX ROLLS. I shall be deleted--they are inaccurate and not needed. i Y i r f E E - 3 - i i E f: t s Amendment 7 - Pages 15, 16 and 17 -- Section E shall be deleted in its entirety and ; replaced with the following: E. THE ESTIMATED TOTAL COST OF EACH PROJECT AND THE SOURCES OF MONEYS TO PAY SUCH COSTS 1 The projects proposed, their cost in 1933 dollars, the percentages of such costs assigned to the various funding sources are set forth in the following table. Note that they have been arranged in priority order. i V t p 5 �y E a i t E i i - 4 - J PROJECT IMPROVEMENTS, ESTIMATED COSTS IN 1983 DOLLARS, AND SOURCES OF FUNDING Sources of Funding Tax Increment Other Proceeds Sources* FIRST PRIORITY PROJECTS" 1.1 Sanitary Sewer - Commercial St. to Burnham St. p 100 SF $186,600 - Commercial St. to Fanno Creek 50 50 LID 1.2 Storm Drain $140, 800 1.3 Widen Main Street Bridge at Fanno Creek 32 68 State $350,100 ------------ 1.4 On and Off Ramps - North side of Pacific Hwy to 32 68 State Commercial and Tigard streets $704,100 1. 5.A Ash Street (South Segment) - Right-of-Way 50 50 LID $41,100 J0 50 LID Ash Street (South Segment) - Construction $393,100 50 50 LID Ash Street (South Segment) - Creel: Crossing $234,700 1.5.B Tigard Street Extension to Ash Street:- 80 20 LID - Right-of-Way $469,400 20 LID - Construction $381,400 80 - Relocate R.R. Tracks $586,700 SO 20 R.R. 1.6.A Off-Street Parking - South of Main Street 20 80 LID $1,261, 500 20 LID 1.6.B Main Street Revitalization - Pedestrian Amenities go 20 LID - On-Street Parking $622,000 15 50 P.D. 1. 7.A Fanno Creek Channelization $140,800 35 SDF 15 42. 5 SDC 1.7. B Fanno Creek Park $234,700 42. 5 State TOTAL FIRST PRIORITY - COST ESTIMATES - 1983 $ @,46690% 05321%0 $5, 749,000 - 5 - Sources of Funding i Tax Increment Other Proceeds Sources* SECOND PRIORITY PROJECTS** % % t 40 LID 2.1 Burnham Street Reconstruction 40 15 SDC $276,000 5 SDF 2.2 Tigard St. Reconstruction - Pacific Highway North 60 20 LID $230,000 15 SDC Commercial St. Reconstruction - Main St. to 95th 5 SDF $257, 000 r k e 2.3 Commercial Street Reconstruction - Main St. to Hall 40 40 LID j 15 SDC } $193,000 5 SDF 2.4 Ash Street (North) - Right-of-Way $ 17,250 50 50 LID F - Construction $ 51, 750 50 50 LID - R.R. Crossing $149, 500 50 50 LID t 2.5. A Ash Street Reconstruction-Scoffins to Commercial St. 40 40 LID 15 SDC $138,000 5 SDF E 2.5. B Scoffins St. Reconstruction - Southeast Segment 40 40 LID 15 SDC $103, 500 5 SDF S i 2.6 Scoffins St. Extension-to Hall Blvd. - Right-of-Way 50 50 LID _ 4 $115,000 - Construction 50 50 LID $57,500 2.7 Civic Center - Land and Buildings $2,000,000 0 100 G.O.B. TOTAL SECOND PRIORITY COST ESTIMATES - 1983 $ $771, 900 $2, 816,600 $3, 588, 500 21. 51% 78.49% * SF - Sewer Fund LID - Local Improvement District SDF - Storm Drain Fund R.R. - Railroad Company P.D. - Private Developer(s) (� SDC - Systems Development Charge G.O.B. - General Obligation Bond Issue i - 6RIMINI[ III - i Summary of Funding Sources: Total Cost Tax Increment Other Sources* First Priority $5,749,000 $2, 696,450 $3,052, 550 % 100.00% 46.90% 53. 10% Second Priority $3, 588, 500 $ 771,900 $2, 816,600 % 100.00% 21. 51% 78.49%c Total $9,337, 500 $3,468,350 $5, 869,150 % 100. 00% 37. 14% 62.86% Amendment 8 - Page 17 -- Section F, which reads: F. THE ANTICIPATED Cor-PLET I ON DATE OF EACH P«OJLC T. > IT IS ANTICIPATED THAT ALL PROJECT ACTIVITIES WILL BE COMPLETED IN 1992. shall be amended to read: F. THE AMENDED COMPLETION DATE OF EACH PROJECT f Depending on the availability of adequate funding, projects are expected to { be completed as follows: First Priority on or before FY 1998-99 Second Priority on or before FY 2000-01 Amendment 9 - Pages 17 and 18, Section G, which reads: G. THE ESTIMATED AMOUNT OF MfJN`Y REQUIRED At�D THE AN1-I C I PATED YEAR It" WHICH INDEBTEDNESS 1•!I LL BE RETIRED OR OTH R%4I SE PROVIDED FOR UNDER oRs 457 .440: THE i:�BLE BELOW SHOWS ESTIMtITLD TAX INCRIJ-11ENT REVI.NU(_ (i)' f-ISCAL YEAK IN COLUMNS ONE AND TWO_ THE RIGHT SIDE OF T(iE TABLE SHOWS ALL URBAN RENEWAL REVENUES AN 1982 DOLLARS FOR COMPAPISON WITH PROJECT COSTS IN SECTION E ABOVE. A TOTAL OF $5,680, 000 IN TAX INCREMENT REVENUE IS ESTIMATED TO BE REQUIRED DURING THE PROJECT PERIOD. shall be deleted in its entirety and shall be replaced with the following: I i - 7 - G. THE ESTIMATED AMOUNT OF (TAX INCREMENT) MONEY REQUIRED AND THE ANTICIPATED YEAH IN WHICH INDEBTEDNESS WILL BE RETIRED ( OR OTHERWISE PROVIDED FOR UNDER ORS 457.440. Two financing methods are being considered by the Tigard Urban Renewal Agency (TURA). Either, or a combination of the two ways, will be employed in carrying out the Urban Renewal Plan. The two methods are: 1. Method One Prior to the receipt of tax increment proceeds for fiscal year 1984-85 and beyond, TURA would enter into an agreement with the City's Department of Public Works to design and implement, or cause to be designed and imple- mented, the projects set forth in Section E of this Report. TURA would monitor the implementation activities to assure that available annual funding will be available to pay the costs of design and implementation work and to comply with the City Council mandated $5,680, 000 total amount of tax incre- ment proceeds which will be available for such work. It is estimated that such $5,680, 000 sum will be adequate to complete all first priority items during or before fiscal 1998-99 and to begin implemen- tation of the second priority items. Funding sources, in addition to those listed in Section E, would be required to complete the second priority .tems. 2. Method Two Prior to collecting tax increment proceeds for fiscal year 1984-85 and beyond, TURA would enter into an agreement with the City's Department of Public Works to design and implement, or cause to be designed and imple- mented, the projects set forth in Section E of this Report. Further, at an early date, TURA would secure a short-term note. Such short-term note (estimated to be feasible during fiscal 1986-87) would be for approximately $250,000 for five years at an estimated fourteen percent (14%) interest. The annual debt service on the note would be paid from annual tax increment proceeds. Further, Urban Renewal Bonds (estimated to be feasible during fiscal 1988-89) would be issued in an amount of approximately $1, 000,000. Such bond issue is herein estimated to be for a ten year (10 yr.) term at nine percent (9%) interest. Annual debt service on the bonds would be paid from annual tax increment proceeds. Depending on construction costs annual, long-term inflation rates (herein calculated at 7%), Method two's financing techniques will allow early imple- mentation of the most critical first priority projects. However, principle and interest payments on both the short-term note and the bond issue could consume all of the allowable $5,680,000 tax increment proceeds before the Fanno Creek Park (first priority) improvements are in place. Funding sources in addition to those listed in Section E would be required to complete the second priority items. - 8 - 3. Tax Increment Process Terminated The use of tax increment proceeds will be terminated when a total sum of $5, 680,000 has be collected. This sum, based on an annual property tax process which yields approximately forty percent (40%) less tax than that ated to be collected during fiscal 199.7-98-- existing in fiscal 1983-84, is estim assuming expected growth within the Urban Renewal Area. Should there be no change in State Law governing the methods of assessing and taxing property from that existing in fiscal 1983-84, such $5,680,000 total tax increment collection is estimated to be in the following fiscal years: s i a. Slow growth in the Urban Renewal Area -- 1997-98 b. Expected growth in the Urban Renewal Area -- 1994-95 c. Rapid growth in the Urban Renewal Area -- 1992-93 s To generate the City Council mandated maximum $5, 680,000 in tax increment E proceeds, the following table describes the expected increase in the Tax Rate of each of the eleven taxing agencies affected by the Tigard Urban Renewal Area: ) k a a r - 9 - ESTIMATED INCREASE IN TAX RATES OF AFFECTED TAXING DISTRICTS REQUIRED TO PRODUCE ESTIMATED ANNUAL TAX INCREMENT PROCEEDS--SELECTED YEARS Fiscal Years Taxing Body 82-83 86-87 90-91 94-95 96-97 97-98 Washington County NIL NIL . 01 . 01 .01 NIL Washington County ESD NIL NIL NIL NIL NIL NIL Metro Service District NIL NIL NIL NIL NIL NIL Port of Portland NIL NIL NIL NIL NIL NIL Portland Community College NIL NIL NIL NIL NIL NIL Unified Sewer Agency NIL NIL ' NIL NIL NIL NIL School District 23-J .01 . 03 .09 .11 .12 . 04 Tualatin R.F.P.D. NIL . 01 .02 .02 .02 .01 Tigard Water District .01 NIL .01 .01 .01 .01 Metzger Water Dist. (Indebt.) None NIL .01 .02 .02 .01 Metzger Water Dist. (Combined) None NIL NIL NIL NIL NIL Tax Code Area 23-20 .02 .05 .13 .16 .18 .06 Tax Code Area 23-21 .01 .05 .13 .18 .19 .07 Tax Code Area 23-22 .02 .04 .11 .14 .15 .05 C - 10 - t s Further, there are three Tax Code Areas which are affected by the Tigard Urban E Renewal Area. The following table illustrates the expected increase in the Tax Rates of each of the three Tax Code Areas: ESTIMATED INCREASE IN TAX RATES OF THE THREE AFFECTED TAX CODE AREAS REQUIRED TO PRODUCE ESTIMATED ANNUAL TAX INCREMENT PROCEEDS-- CURRENT DOLLARS Estimated Increase in Tax Rate to-Generate Tax Increment Annual Tax Increment By Tax Code Areas Proceeds $ 23 - 20 23 - 21 23 - 22 1982-83 5, 550 (rounded) 0.02 0.01 0.02 1983-84 11,190 0.03 0.02 0.03 1984-85 17, 820 0.02 0.02 0.01 1985-86 46,750 0.03 0.02 0.03 1986-87 94,240 0.05 0.05 0.04 1987-88 156,690 0.07 0.08 0.06 1988-89 223,210 0.09 0.10 0.08 1989-90 294, 090 0.11 0.12 0.09 1990-91 380, 900 0.13 0.13 0.11 1991-92 480,900 0.14 0.15 0.12 1992-93 572, 780 0.15 0.17 0.13 1993-94 646,040 0.16 0.17 0.14 1994-95 716,680 0.16 0.18 0.14 1995-96 812,220 0.17 0.19 0.15 1996-97 909,230 0.18 0.19 0.15 1997-98 294, 970* 0.06 0.07 0.04 1982-83 to $5,680,000 Total *Only partial proceeds in 1997-98 required 1997-98 -- 16 Years to reach City Council mandated $5,680,000. t - 11 - Amendment 10 - Page 18 -- Section H, which reads: H. A FINANCIAL ANALYSIS OF THE PL.'W WITH SUFFICIENT INFORMATION TO DETERMINE FEASIBILITY. THE PROJECT COSTS SHOWN IN SECTION E AND THE ESTIMATED REVENUES IN 1932 DOLLARS ARE EQUAL_ TEN YEARS Or TAY, INCPEME:NT REVENUE SHOULD BE SUFFICIENT TO PAY FOR THE PROJECT ACTIVITIES INCLUDED IN THE URBAN RENEWAL PLAN. shall be deleted and replaced with the following: The project costs described in Section E and the revenue sources and funding methods set forth in Section G are such that all first priority projects can be completed within the tax increment limits of $5, 580, 000 as mandated by the City Council. Funding Method One (Section E) is structured to allow a substantial porion of the second priority projects as well--particularly if construction costs inflate at an annual rate less than seven percent (7%). The tax increment process is expected to be terminated at the end CC fiscal year 1997-98, when the estimated 33 million dollars of increased assessed value (41 million dollars of True Cash Value) would be available to all eleven affected taxing agencies. t x I e E I t 4 E f I f - 12 - E t i E f CITY OF TIGARD, OREGON t COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 10, 1983 AGENDA ITEM k: 4 DATE SUBMITTED: October 6, 1983 PREVIOUS ACTION: December, 1982 ISSUE/AGENDA TITLE: Economic Element — Comprehensive Plan Economic Development REQUESTED BY: William A. Monahan DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY Attached is my recommendation foz a new economic development program. szasasascss szs:smss ALTERNATIVES CONSIDERED 'r e -------------------------- SUGGESTED zsassszesassssszzsss:ssscSUGGESTED ACTION �. I am seeking direction from Council for further actions necessary to implement our economic development program. S; MEMORANDUM October 6, 1983 TO: Members of the City Council FROM: William A. Monahan, Director of Planning & Development SUBJECT: Economic Development In December of 1982, the City adopted the Economy Element of the Tigard Comprehensive Plan. This document outlined the plan which I envisioned for the implementation of an economic development program. Since than 1 have met several times with an Economic Development Steering Committee to generate ideas and prepare a preliminary economic development fact sheet. A copy of the draft product prepared by the Steering Committee is attached for your review. We see this as the first step in developing an information, base for Tigard built upon our comprehensive plan. This document could be used as a handout to all companies inquiring about either relocating to, expanding in, or starting up a business in Tigard. Other publications such as a full scale marketing brochure and an inventory of available vacant land would be worthwhile prospects for the committee and staff to preview. The time has now come for a re-evaluation of where we are in terms of economic development. When the comprehensive plan and community development code are both in place, we will have the basis on which to build a business attraction and retention program. Also, staff time should be available to work toward the compilation of a land inventory. I feel that at this time our limited resources should be channeled into the areas of greatest need and potential. Therefore, I am recommending that my staff focus its economic development efforts into four areas: 1. the Tigard Triangle 2. the Central Business District 3. the North Tigard/Cascade Boulevard Area 4. the 72nd Avenue Industrial Area We would work to develop our inventory of each of these areas before working on a city wide inventory. The inventory would have the following elements as spelled out in the Economy Element: a. Identification of the property; b. The size, shape, and limitations of the site; C. The use of the land; d. Identification of buildings on the site; e. The name of the owner; f. The current zoning designation; g. The assessed value; h. The public services available to the site; i. Any known interest on the part of the owner to sell or lease the property; and j. Proximity to other similarly usable land. We would also make contact through the inventory with key property owners and businesses in the areas of prime concern. From there contacts we would identify representatives to work with us in the formation of an Economic Development Committee. This Committee could replace the earlier identified economic development steering committee. The earlier committee tentatively was to be composed of eighteen members. A more workable number of nine members with ex-officio representatives of City Staff and the Chamber of Commerce is proposed. i I recommend that the Committee be comprised as follows: 1. Mayor of Tigard 2. Representations of a. Tigard Triangle s b. Central Business District C. North Tigard/Cascade Blvd. Area r d. 72nd Avenue Industrial Area 3. Representative of a Service Industry 4. Representative of a Industrial Firm 5. Representative of a Large Scale Commercial Entity 5 6. Representative of the Banking or Real Estate Community g Ex-officio members would be the Director of Planning and the Manager of the 'r Tigard Area Chamber of Commerce. F Each of the representatives could be the chairman of a special sub-committee f. dealing with their area o; prime concern. For instance, four separate district sub-committees coulu be formed to deal with the target areas. They i could become the impetus for generating interest in local improvement districts for their areas. In addition, working with the NPO for their particular area, they might make recommendations concerning planning applications. Other sub-committees concerning real estate marketing, industrial development, and the service industries could be formed to generate inventories, develop an outreach system for attracting new industries, and create a network for the sharing of information. I feel that the time is right to convert our previous efforts into a new and constructive effort. We have an opportunity to build on the policies and plans that we now have in place. I am seeking Council directing in this matter and authorization to generate names of potential representatives of the city wide economic development committee. If the Council favors my proposal, it may wish to consider appointing some of the individuals who have served on the Steering Committee. A list of these participants is attached. (WAM:ch/0924A) ECONOMIC DEVELOPMENT STEERING COMMITTEE i Mayor Wilbur Bishop Councilor Tom Brian j Pat Furrer - Attorney E Pat Kennedy - Banker ! Cheryl Kuhn - Chamber Manager Frank Currie - Public Works Director Phil Edin - Planning Commissioner Tony Orlandini - Businessman J.B. Bishop - Property Owner Jerry Voss - PGE Candido Morales - Oregon Human Development Corporation g Rick Ackerman - Businessman John Gibbon - Representative of Property Owner Bill Monahan - Planning Director r f F F S to f f t r I i i 1 4 ttt f LABOR FORCE AND DEMOCRAPIIICS SAME rsuao ` �`� lokr• :;1 Eel Oencn.,e. s°u The City of Tigard's population has •, l grown by 1852 since 1970. This =�*� , I- -1 A tremendous growth coincided with the �� ., _ , '-' c-•-•1 rapid development of Washington County as a high technology center and an ti � 4 -K 'Vancouver - attractive place to live. The County and City labor force are highly educated with a substantial percentage of professional and technical workers. Tigard's labor force is growing as employment opportunities diversify. 1�1i,+r :fie 30 - � Jt: 'Y'' - _ � .,p•pis GROWTH POTENTIALPark- _ rose Further rapid development is -- anticipated. The City's recently P RTLAN n z1 adopted Comprehensive Plan is ` `gj structured to beat accommodate this Milt L- ,o ,« ham �••"" S ..co.sv , growth. New city policies encourage 26 the opening of large tracts of land to Cedar �~ " rAMS ".74`y commercial and industrial activity. A Hilt 26 R""` ra - new Community development code as wrilBeavert n Wo • R ei ` as creation of an Economic D_ve. �et,c s insSteering Committee are further Me indications of the City's desire to : 717 :20 Rw accommodate new businesses. Efforts ar .� �- 212 _ L. are underway to streamline Tigard's permit processing system. Revisions his L S� , �� 1 to the Development Code will assist ` •• s - rrr r ` this effort. 210 = ;` a M, kie Sunny OCake, / 1 Clackamas HOUSING ' 217 774 E.rte f Tigard has a wide diversity of housings`_ styles and prices. New single familyz� r„ Glad- Tualati nn_� Stone construction is taking place in a several planned developments wn HING TON throughout Tigard. During the first West Linn six months of 1983, over 120 building permits for single family homes were dam ✓ 0 on City processed as building activity reached a height unparalleled in the past I �' t three years. The average cost of a - - i 213 n.'nnnnn single family home in ligard is $76,623. Within the city and county areas PUI'UI-Al ION surrounding Tigard, other housing opportunities abound. Styles ranging from modern condominium and single family homes to well preserved farm 1970 19hu homes are available to meet many individual tastes. Homes priced for ligand t,,1uo 14,855 1 j ,. all income levels are available in the area. Washington co%,ntY 151.9m) 245,8om Tigard'a housing stock is in excellent Portland Metropolitan Area 1,007,1-10 1,242,594 21.•.. condition with contemporary houses dominating. Duplexes, apartments and condominiums are available in a In 1983, ligard populatl.,n was 18,3b4, almost trtpla th,' 1•+Iu 1„1.,,1,,1 ,,, variety of price ranges. The average rent in Tigard is $320. LABOR FORCL I'u IhN71A 1. I'ersuns 16 Years of Age and Over ut the Labor Force 719ard's greal.•sl ass. In de. tt: pul.•nt ial to, cent inued y.,nl it y I;,•.wtL TICAR and conunitUm•nt C., rx.rl lc 11 U WASHINGT'UN COUNTY PURT'LAND SMSA development standards. Siuce 1980 1980 1981) encurpurat tors ie. 1961, the Ca ty has rapidly become an urban coltmLtrllity with if stroily, tax base and diversity of business. Tigard's rate of 1.19 per Male 4,422 78,050 Labor Force 635,500 thousand is among the lowest in the Female 3,911 63,710 Unemployed 39,900 Portland metropolitan area. The low rate is credited to sound fiscal management and a strong economic TOTAL 8,333 141.760 Unemployment Rate 6.3 base. Industrial and commercial properties represent a large Source: Bureau of the Census, PSU. proportion of the Tigard tax base. Pending local improvement districts will open up large sections of the community to future development thus I,I••1hilo II,/N of I.MpLUYMI.N7 AMONI. Ut:t.Ll'ATIUN further strengthening the base. Iwo areas are the focus of Tigard's '•I:, P>• c, fltH ltiUlCl It,N :.t- HL5IUF.NCh. economic development effort; the Tigard Triangle and the central business district. '11GARh WASHINGTON COUNT! PURI LAND SMSA Tigard Triangle Manutactur ull Durable l,j2i 27,079 83,500 Early in 1983, the City annexed 162 Nondurable 355 5,521 31,70D acres of the Tigard Triangle. This very desirable area is bounded by .(rade, three major highways; Highway 99W, Wholesale 478 1,814 45,400 Highway 217 and I-5• No more Retail 1.231 19,658 96,600 accessible or visible developable property exists in the Portland Financial, 1ns.,Real Lst. 738 10,384 44,500 metropolitan area. Most of the area lends itself to general. commercial, Transpo., Comm., Uttl. 646 8,770 35,800 commercial professional and industrial parks. Completion of the Haines Constructtou 474 7,272 28,000 Interchange of 1-5 and two Local. Improvement District Road projects Government 303 30,941 81,200 will further enhance public services and accessibility to the area. Agricultural 59 2,771 4,100 Tigard Central Business District Services 6 Misc. 1.799 3,992 107,300 'lite central area of Tigard is the 'IUTAI...... 7,404 124,202 558,100 focus of a revitalization effort. Improvements to roads, storm drainage and railroad crossings will be Son rce• 19811 Cen:.u•• completed. public facility enhancements will add to tilt ecotiomie Jove-lupment pot,! Tal ,.1 ,h. 1)ii .,err :1t.•:,. 1'1 ann,•.f .�.. ., u,.i I.•, -.h,.1P l,i 1. . .-ill.•1 d y.. .. .nw.-ut ••I1 ;. . .1..,14 i SI1(il'1'IN(. Atli) SI.HY'ICLN Tigard is served by several major There are thirteen hospitals in the shopping centers including Tigard Portland Metropolitan Area within Plaza, Canturbury Square, Fred Meye-r's thirty minutes travel time of Tigard. center, Greenway Town Center, and These major health care facilities Washington Square. 'liege User they offer a full range of programs to meet provide abundant and convenient 'the needs of area citizens. Two major shopping opportunities to meet the hospitals are within ten minutes of varied needs of area consumers. most Tigard residents. Washington Square, a reKional shuPpu.l; center, has IIS stuns un a 122 acre site providing tht• must modern ul shopping upportunittes, Ib,, c -Ill et lues .,ver 1 ,100,0oo square legit . i i R BUSINESS PARKSAOL 2 ////& EXISTING PLANNED NAME SQ. FT. SQ. FT. L-- ------ ✓/!ds _ ', 1, PacTrust's Oregon Bus. Park 810,000 258,544 Wa t 3 2. Koji Business Center 187,762 155,000 3, Park 217 155,950 99,950 r� N 4, Tigard Industrial Center 120,000 N/A 'III�� `'y 6 5, Commerce Plaza - Hampton 6 72nd 77,845 N/A g Ojty 6. Fir Loop Business Area 59,264 N/A Z��!!!�`%/ Il \ i AVAILABLE INDUSTRIAL/COMMERCIAL SITES AREAS OF SPECIAL ECONOMIC CONCERN AND BUSINESS PARKS NAME ACREAGE NUMBER OF PARCELS { A. Tigard Triangle 17o.34t B. DurhamRoad 50.5 1 C. Hunziker 37.5 2 D. SW 85th Ave. 18.4 2 E. Boones Ferry i4 2 F. SW 74th Ave. 12 1 G. SW 72nd Ave. 11.1 2 H. Cascade {.M{'LU 1'MI•.N I IN 1ICANI1 '11l:AHD'ti I-AHGEti'I 1'KIVA'11. EMYLUYkkb JULY, 1981 F:MPLU1'ta:� N�IE OF FIRM {'HUUUC'I OH F:HV ICF. --- 375 lnSuraucc 235 Farmers insurance Food Products 200 Lamb-Weston cutlery 180 Gerber Legendary Blades publishers 172 RFD Publications Shopping Center 141 Fred Meyers -Tigard Rotor Vehicle Parts 134 Williams Air Control Utility - Telephone 125 GTE - T-igard Electronic CumpunentS Seotrol Inc. HiKh Vintage Disconnector Swttch.•x 100 AM Siemens-Allis Machinery Coe Manufacturing Other welt known firms having altiliales in 1iy,ard include Tektronix. Ilysta•t . te.",ia Pacific- and 11urrou{hS- EDUCA1fON COLLEGES AND UNIVERSITIES - ENROLLMENT 1982 Tigard residents are served by the OK Tigard and Beaverton School Districts NAME STUDENTS LOCATION DISTANCE`" as well as a good private school system. These systems provide quality PRIVATE educational programs for students, from kindergarten through high school. George Fox 666 Newberg 14 miles Higher education is available from Lewis b Clark 3,054 Portland 7 miles both public and private education institutes. Over 40,000 students are Linfield 1,496 McMinville 28 miles pursuing careers in the arts, engineering, the sciences, medicine Marylhurst Education 840 Portland 10 miles law, and other disciplines at area colleges in close proximity to Oregon Graduate Center 60 Beaverton 5 miles Tigard. Specialized programs of study for people employed in the high Pacific University 1,071 Forest Grove 25 miles technology fields are available at the Oregon Graduate Center and Portland Reed College 1,122 Portland 10 miles State University. PUBLIC Industry - specific training is offered in Tigard by the Oregon Human University of Portland 2.872 Portland 16 miles Development Corporation, in cooperation with the Private Industry Ore. Health Science Univ. 1,431 Portland 7 miles Council and the local Service Delivery Areas. Portland State University 14.541 Portland 8 miles Portland Comm. College 14,363 Portland 3 miles Mt. Hood Comm. College 5,971 Gresham 25 miles Clackamas Comm. College 3.851 Oregon City 12 miles RECREATION OPPORTUNITIES Tigard is easily accessible to many excellent recreational opportunities: the recreation and cultural facilities in Portland, Ht. Hood seventy miles to the east and the scenic Oregon coast For Further Information Contact: eighty miles to the west. The City of Tigard owns and maintains City of Tigard Tigard Chamber of Commerce Cook Park, the only regional park in Burnham & Ash Ave. Washington County. The City operates 12955 SW Pacific Highway this 57-acre multi-facility City park P.O. BOX 23397 as well as several smaller Tigard, OR 97223 neighborhood parks and an expanding Tigard, OR 97223 greenway and bicycle path system. g (503) 639-1656 The Tigard School District, with its (503) 639-4171 modern school facilities and new auditorium at Tigard High School, offers a Lull range of indoor and outdoor recreation year-round to Tigard's citizens. Citizens of Tigard are committed to providing recreational opportunities to all members of the community. In 1980, several citizens conceived of and organized an effort to raise funds for the construction of a new high school football stadium. This community effort is typical of the strong community attitude existing in as mc Tigard. CITY OF TIGARD, OREGON (r COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 10, 1983 AGENDA ITEM N: DATE SUBMITTED: October 6, 1983 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Temporary Use Applications - Insurance REQUESTED BY: Insurance Associates Associates DEPARTMENT HEAD OK• CITY ADMINISTRATOR: INFORMATION SUMMARY Insurance Associates has requested a conditional use to utilize a temporary office for two years. The original advertisement that was prepared stated that the use was for one year. To correct this error the item has been re-advertised requesting a two year period and the hearing has been re-scheduled for October 17, 1983. The applicant has agreed to the set over. ALTERNATIVES CONSIDERED SUGGESTED ACTION Council should hold a public hearing on the temporary use application of Insurance Associates on October 17, 1983. CITY OF TIGARD. OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: OCTOBER 10, 1983 AGENDA ITEM b: DATE SUBMITTED: October 3, 1983 PREVIOUS ACTION: none ISSUE/AGENDA TITLE: St. Anthony's Temporary Use REQUESTED BY: St. Anthony's School DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY St. Anthony's School is requesting approval of a Temporary Use Permit to allow placement of a portable classroom building. The request is for one year from September 6, 1983. The request meets conditions 4 and 5 of the required conditions to approve a temporary use as outlined in Section 18.80.030 of the municipal code. -==axaasa=accasaaszzaa:z.zazas=xzsszas=x.zs....s.==sas=__-____-====s==a.=c..sx=cease ALTERNATIVES CONSIDERED :caaacasr_aaacsaaaaz:saazaaazass�ss=ae___mss==ecs=_=ssc=___�= a x.ssc e.aca.aiscs:csse SUGGESTED ACTION Approve the Temporary Use as requested for one year from October 10, 1983 to October 10, 1984. l ! 1 . Site YIan Pa,wv,� R � � k1h , to le i . p PORTq Sidi � A FIX IN&. s , r - r , Fian r -• , Li ; PRGF��Y _ / _�Gp�c7JL 1 'two - �l T"E�. r z S � O O IV Q � LEA- ku h � ti v ti J W i CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 10/10/83 AGENDA ITEM k: r7 DATE SUBMITTED: 10/4/83 PREVIOUS ACTION: 68th AVENUE L.I.D. 443 ISSUE/AGENDA TITLE: RESOLUTION PUBLIC HEARING REQUESTING O.D.O.T. FUNDING FOR REQUESTED BY: PUBLIC WORKS S.W. 68TH AVENUE-FRANKLI p ON DEPARTMENT HEAD OK: CITY ADMINISTRATOR: _ INFORMATION SUMMARY Staff has met with Rep. Norm Smith and a property owner to consider the fairness approach of the City and State projects. We later met with O.D.O.T. and Federal Highway Administration officials to discuss State and Federal policy regarding where to stop construction. Federal policy refers to restoring traffic cir.culatioH. State policy talks about providing like access. The state would only pave Franklin to interim standards, the Feds would require collector stand- ards on Franklin. If the city will refuse to allow collector standards on a local street the Feds will consider collector standards to Hampton on 68th. The purpose of the attached resolution is to ask the State to secure Federal money to finish the collector. system (ie: traffic circulation) in lieu of paving S.W. Franklin St. , a local street to collector standards, thereby encouraging collector traffic. The city would take care of bringing the local street (Franklin) to interim standards. s:a=sasz�z=:sa:zazzzzzzazaz:zzzzzzzzaaz=aaaxaaaxaa=a.c._=aa�_===�=caaaz===zsazaaas t ALTERNATIVES CONSIDERED 1. Allow state to finish S.W. Franklin to collector standards contrary to our comprehensive plan and continue the L.I.D. as proposed. 2. Allow the state to finish S.W. Franklin to collector standards and only do the L.I.D. to interim standards requiring half street improvements with development. sazzsza acv zaaazzzzz:zaz:zzasazazzzzsazzza zaaa=ana==aa a=�a.=s=a=a==a==s==__=s=_=a=a a (� SUGGESTED ACTION `- Adopt the attached resolution requesting O.D.O.T. extend construction of S.W. 68th Avenue southerly from S.W. Franklin to Hampton in lieu of constructing Franklin to collector standards contrary to our comprehensive plan. F- CITY OF TIGARD, OREGON — COUNCIL AGENDA ITEM SUMMARY \ AGENDA OF: 10/ 1083 AGENDA ITEM k: DATE SUBMITTED: 9/22/83 PREVIOUS ACTION: 4/ 12/82 ISSUE/AGENDA TITLE: Resolution of Placement on Maintenance Period (Res. #82-32) / � i Final Acceptance - Scheckla Park Estates REQUESTED BY: Subdivision - Subject to specific Conditions DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY 1 . This subdivision's Subdivision Compliance Agreement and Performance Bond were approved by Council on 9/27/78, to assure development of said subdivision to City approved standards and to'set a completion deadline for all public improve- ment work therein. 2. The subdivision was placed on its Maintenance Period on 4712/82 (a copy of Resolution #82-32 which facilitated that action is attached hereto) . _ 3. All required work, except sidewalk installation, has been completed. 4. The developer is requesting, of the City, final acceptance of the subdivision prior to total completion of all of the required public improvement work therein; and, is proposing to submit a one year performance bond to assure completion of the"sidewalk net" at a later date. ALTERNATIVES CONSIDERED 1 . Require immediate completion of the sidewalk net within the subdivision, in accord with the original agreement terms, to facilitate uninterrupted pedestrian travel in a timely manner. 2. Approve the applicant's request; and, pass the attached Resolution. zsas.-aa=aaaesasaasszassa:assaaasas==s=aaa�=______________________s======a=assssss== SUGGESTED ACTION 1` Considering that the Council need make a policy decision relative to: 1 . Timely completion of sidewalk networks within new subdivision projects; and 2. Whether or not staff should insist on adherence to the timely completion terms of executed subdivision developments, without exception. . . . . . no recommendation is herewith proposed; though staff does tend to support approving this. ROBERT F. HURFCRU, CIA 538-2148 628-2149 105 N. Meridian Newberg, Oregon 97132 August 23, 1983 City of Tigard Council P. 0. Box 23397 Tigard, OR 97223 ATT: Bob Thompson RE: Scheckla Park Subdivision Dear Mr. Thompson: We have completed all work in Scheckla Park Subdivision as indicated on approved plans and specifications, except for some sidewalks adjacent to 10 unbuilt lots. The approximate footage of sidewalk unfinished/is 950 linear feet. ` rcryt tav.H—�.w c_C J We are submitting a Public WorksnBond in the amount of $$10,000. to cover these unfinished walks and are asking for a special extension until August 25, 198+ to complete them. Therefore, at this time we are requesting a final inspection and a final approval and acceptance by the City of Tigard, with exception to the unfinished sidewalks of Scheckla Park Subdivision and request release of the Maintenance Bond and Public Works Bond you now have on file Thank you for your consideration. Sincerely, G. Ferd Wardin Robert Westlund WARD WEST INC. DEVELOPMENT CO. 2502 Portland Rd. , Suite D Newberg, OR 97132 t� rou .e., ro /a•nw?AGENT 6 Union Indemnit.A.i Insurance Company New York t BOND NUMBER UI 59474 PERFORMANCE BOND — PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS: That we, WARD WEST CONSTRUCTION, INC.— -- -- --_-- —. - -- --- - - ---- as Principal, t and UNION INDEMNITY INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of New York,and authorized to transact a general surety business in the State of OREGON as Surety,are held and firmly bound unto: CITY OF TIGARD as Obligee, in the sum of TEN THOUSAND AND NO--- _---100 '` _ DOLLARS, (5 10,000.00 ),lawful money of the United States of America, for the payment whereof,well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assignc, jointly and severally, firmly by these presents. t` THE CONDITIONS OF THIS OBLIGATION IS SUCH, that WHEREAS, the above-bounden Principal entered into a contract dated the with said Obligee to do and perform the following work, to wit: SIDEWALK COMPLETION, SCHECKLA PARK ESTATES, TIGARD, OREGON TO BE COMPLETED BY AUGUST 25TH, 1984 NOW, THEREFORE, if the above-bounden Principal shall well and truly perform or cause to be performed,each and all cji the requirements and obligations of said contract set forth, then this bond shall be null and void:otherwise it shall remain in force and effect. SIGNED, SEALED AND DATED this 24TH day of AUGUST _19 83 WARD WEST CONSTRUCTION, INC. PRINCIPAL BY FERD WARDIN 1 UNION INDEMNIT U NCE COMPANY 7 BY - DENNIS ERT ATTO RNEY-IN-FACT 9/80 Union Indemnity Insurance U9 59474 1 003 Company of New York Exec:tive Offices 260 Madison Avenue New York, NY 10016 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: iNO T VAI.I11 IF EXECUTED j That Union Indemnity Insurance Company of New York Al-71-Al at AIWif ti i. ltlxa does hereby appoint: Dennis Gilbert or Mary Gilbert _ of Beaverton, Oregon its true and lawful Attorneys)-in-Fact, each individually if there by more than one named, to make, execute, sign, acknowledge,affix the Company Seal to,and deliver any and all surety bonds,undertakings, recognizances,and other contracts of indemnity and writings obligatory in the nature of a bond,forand on behalf of said Company and as act and deed of said Company,not to exceed TWENTY FIVE THOUSAND AND NO/100 DOLLARS($25,000.00)on any single instrument. IN WITNESS WHEREOF, Union Indemnity Insurance Company of New York have executed these presents +S�anrctc', This 24th day of AugUSt 19 83 f �y a SEAL e 's islrs i toabf+a roP�o4 VICE-PRESIDENT Ir � � Y STATE OF NEW YORK ) ss . `we ScyG COUNTY OF NEW YORK) n ` On this 24th day of AL1vl1.S t3383 LUCILLE SCHULTZ9_�before me came the above • named officer of Union Indemnity Insurance Company of New York.to me person- PU %r. Notary Public,State of New York ally known to be the individual and officer described herein,and acknowledged �. e~ No.03-4727511 that he executed the foregoing instrument and affixed the seals of said corpora- �nr�� Qualified in Bronx County tions thereto by authority of his office. Term Expires March 30, 1984 CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of Un1,3n Indemnity Insurance Company of New York:March 17, 1980: RESOLVED, that solely in furtherance of the Company's surety business,the Chairman of the Board,the President,Vice President,an Assistant Vice President or Secretary of this Company hereby is authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach the corporate seal of the Company to such documents; RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate reiating to the Power of Attorney by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking, recognizance or other contract or indemnity or writing obligatory in the nature thereof; and RESOLVED,that any such Attorney-in-Fact may deliver a certification that the foregoing resolutions are still in effect and may insert in such certification the date of the certification but that date may be not tater than the date of delivery of the certificate by the Attorney-in-Fact. 1, Thomas G. O'Brien Ili, Secretary of Union Indemnity Insurance Company of New York, do hereby certify that the foregoing excerpts of the Resolution adopted by the Board of Director of the corporation and the Powers of Attorney issued pursuant thereto, are true and correct and that both the Resolution and Powers of Attorney are in full force and ' effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation F. 'S�NA"Circe this 24th day of A11g,U.St 19- 83 � `Opf OR'�F 1R SEAL so;'Ep row�o� + ' Thomas G. O'Brien III, Secretary Cf t E i I 6 t CITY OF TIGARD, OREGON RESOLUTION NO. 82- 3�? RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN SCHECKLA PARK ESTATE, SUBJECT TO HEREIN SPECIFIED CONDITIONS WHEREAS, the City of Tigard Subdivision Ordinance requires subdividers to install streets, sidewalks, street lights, curbs, storm sewers, sanitary sewers, underground utilities and other public facilities for the development of subdivision; and WHEREAS, the City has required the payment of fees and the execution of a Compliance Agreement which stipulates that: "Upon receipt of certification by the Department of Public Works that all requirements have been met and a One-Year Maintenance Bond,. the City Council agrees to accept the public improvements, subject to the requiremdnts for correction of deficiencies and maintenance for a period of one year . . . . ; and WHEREAS, said Certification has now been received, subject to correction of hereinbelow listed deficiencies; and WHEREAS, the subdivider fiaS48u4mitted a maintenance bond for $115,340.00. n NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tigard, Oregon, hereby accepts the public improvements constrWcted within SCHECKLA PARK ESTATE said subdivision being recorded in Book 44 6h Page 44 in Washington County, Oregon, Plat Records, subject to: : ) Completion of instillation of all sidewalks and driveway aprons. 2) Placement of the (_.) one inch, Class "C", A.C. overlay, including 1/2 street on SW Sattler Road. 3) Continuation of maintenance responsibility and correction of ;deficiencies, which may arise during the guarantee period. 4) Completion of bike path either 3-inch of asphalt or 4-inch of . concrete. PASSED: This 1,1- day of r`t 1982, by the Council of the City of Tigard. Mayor - City of Tigard ATTEST: } ity Recorder - Cit f Tigard CIJ cl) S:ll 4— Ws B6 o9 o' 0 m Iz 0 r— (D In LD ID Nn O :, a) 0 It 96',c cc) (D x-99 Li Elf. o JLS'!DN 111Wlif►•S o & 10 • Wo z lo. 14 0 A so'Gol- to 0 2 t4 Q0 Li %5 C)( clj 0 2 2,j� u) ot OL "Q- A 4 U) _j o 0 O Ln 00 cx) 0 e r- Lr. V) 2 of M.s HJ-88 to co 0 0 *- :� OLm O sl L\j 9909 00 O. tO o" IT [2'621 IT (71 o cD 119 zo, CD a De o p co j o 0 w IT co -11.o, 'oo. co 16 MS .ems rot tz F to 8 z 0 71, Nc'. CID Nc\j 0 kD toOD o" 6�oc.. t•r_ & ?I Ow 8 CD 71 cljIn t 89.16 y0 19,6c, co o' clj t cr C, cm Ln c-i cz) 0 0 Cp cn M29 clj o clj !2 N r.o o C) • 0 og c\j 11) M (D — I c\j Fj clj of PP, 8 8 c"sj eq.o - ry o c. e cli 0 IT Na) 1.4,zgz cz-,so- ..zo.eo.os oc w lOt NIn C\j In rn of clj ma"Ic 91 A s , CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 10/ 10/83 AGENDA ITEM k: f DATE SUBMITTED: PREVIOUS ACTION: ISSUE/AGENDA TITLE: S.W. 67th Ave. & S.W. Gonzaga Street Vacation REQUESTED BY: Petition of property_ Petition owners DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY o The petitioners have submitted a petition for vacation for the following reason(s) : "To comply with Comprehensive NPO #4 Plan calling for super blocks. 67th Street immediately to the North & South has been vacated. Gonzaga Street is unimproved and area could be used for parking and land- scaping." o One hundred percent of all abutting property owners and not less than two-thirds in area of real property owners affected have signed the petition. o The petition has been presented to the City Recorder and found to be sufficient. o At least one of the petitioners has been notified this -matter will come before City Council on 10/ 10/83 o Staff Development Committee recommends Council accept the Resolution setting the hearing. ALTERNATIVES CONSIDERED 1 . Direct staff to give notice to petitioners of intent to deny petition. 2. If no apparent reason to deny petition, set public hearing for 7:30 P.M. , November 14, 1983. SUGGESTED ACTION +� Pass Resolution setting public hearing for 7:30 P.M. , November 14, 1983. PUBLIC HEARING NOTICE CITY OF TIGARD, OREGON RESOLUTION NO. 83-. 98 A RESOLUTION CONCERNING VACATION OF A PORTION OF S.W. 67TH AVENUE AND S.W. GONZAGA STREET, A DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, a vacation petition was received and filed by the City Recorder on September 16, 1983; and WHEREAS, the area described on said Exhibit 1°A" lies within the corporate boundaries of the City of Tigard, Oregon; and WHEREAS, the petition has been signed by Donald Pollock, et al; and WHEREAS, there appears to be no reason why the. petition should not be allowed in whole or in part. ;..,:. NOW, THEREFORE, BE IT. RESOLVED by the City Council of Tigard-,-as follows: (1) "That the public hearing is hereby called to be held by the City Council on Monday, November 14, 1983, at 7:30 P.M. at Fowler Junior High School Lecture Room, 10865 S.W. Walnut Street, within the City of Tigard, at which time and place the Council shall hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said lands." (2) "That the City Recorder be and she is hereby, authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard hereby designated for such purpose, a notice of said hearing in the form hereto attached and by this reference made a part hereof, the first publication to be October 13, 1983 and once each week thereafter for five publishings in all." "The Recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice in the form attached, at or near each end of the area(s) proposed to be vacated." i (3) "That the particular portion of dedicated public right-of-way proposed to be vacated is described as follows: All of that portion of S.W. Gonzaga Street lying between the west line of S.W. 66th Avenue and the west line of S.W. 67th Avenue. Also, all of that portion of S.W. 67th Avenue lying between the south line of S.W. Franklin Street and the south line of S.W. Gonzaga Street as these streets are laid out in the plat of West Portland Heights, a recorded plat in Washington County, Oregon. PASSED: By Council on the In .h day of October , 1983. Wilbur A Bishop . Mayor ATTEST: Dnri s Hart ' - i City Recorder Nov 3,10 1983 TT Publish Oct 13 20 27, 6 t. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY s � C AGENDA OF: August 22, 1983 AGENDA ITEM #: DATE SUBMITTED: August 12, 1983 PREVIOUS ACTION: Resolution of Intent ISSUE/AGENDA TITLE: Public Hearing July 25, 1983 68th Parkway (Hampton ton to Franklin REQUESTED BY: Public Works LID # 43 DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY Staff will make a verbal presentation at the Public Hearing r-. ALTERNATIVES CONSIDERED SUGGESTED ACTION - CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENOA .OF: October 10, 1983 AGENDA ITEM DATE SUBMITTED: September 30, 1983 PREVIOUS ACTION: N/ A ISSUE/AGENDA TITLE: 115th Ave. (Interim) NO-PARKING REQUEST REQUESTED BY: Public Works Dirac jLir_ DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY 1) Staff has received complaints from resident motorists that cars parked along the curb (along the top of the hill) cause moving vehicles to crest the hill in the center of the roadway; that this situation has resulted in many near head-on accidents. 2) Staff has investigated the complaints and concurs that a site distance/parking space/moving vehicle "obstruction" problem does exist. This problem is com- pounded at night, since many residents park on the street. 3) Staff ultimately proposed marking a centerline along 115th Avenue, from Gaarde to Fonner Street, end installing a bike path along the west side thereof. Since 115th is 34 feet wide, this would eliminate parking therealong (resolving the aforesaid problem) and would be a logical extension of the City's bike path system. s:z�acsztacza:sazsssaszszzzzzaszzzs sazaaaacaazssza=a=====__=a_ as=ccc3c acc=xas a.a.s ALTERNATIVES CONSIDERED 1) Consider installing bike path all along the west side, marking a centerline and identifying no parking on the east side (from S.W. Gaarde to S.W. Fonner now. 2) Consider installing bike path, allowing east side parking and no centerline. 3) Install temporary "no parking" at problem areas and notify the property owners that allarking will be prohibited within one year to allow them the opportunity to make other arrangements forJarkinc at �1r==ac=accc.caccc--==aaa=a az,aaesaacaacaaaczasaasz sazszzass:s seasa zsac a_ l� SUGGESTED ACTION Staff proposes"no parking" along the west side of S.W. 115th Avenue as indicated on the attached ordinance, from Gaarde to Fonner. f CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA .OP: (/ �J AGENDA ITEM N: DATE SUBMITTED: 9/30/83 _ PREVIOUS ACTION: ISSUE/AGENDA TITLE: Nn PARKTNC� - MAIN STREET (Southeast end) REQUESTED BY: Police Chief and Director of Public Works DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY 1) This proposed no parking ordinance will limit parking to three spaces along the curb near the flower shop; further, it will provide for no parking for the first 110 feet therealong (between Pacific Highway and the flower shop) and, the last thirty feet therealong (next to the "JB Bishop development site" access) . 2) The new lane markings necessitate such action, to provide for adequate sight distances and safe vehicle movement clearance. s:aaacaaasa:ssa:szsza:ss:sass:sss:sssssazassazsszs=s=====______=====sas===za za==�a ALTERNATIVES CONSIDERED 1) Not allowing any parking therealong; but, such would be detrimental to adjacent businesses. ssassssasszssaaczzs::asaa:s asassssss as zasazaza saza=sz s=z�a=c a==s=_=a s c=c=a z=____=c SUGGESTED ACTION Staff recommend passage of attached ordinance restricting parking as shown '.on attached map. t CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 10, 1983 AGENDA ITEM N : DATE SUBMITTED: September 21 , 1983 PREVIOUS ACTION: ISSUE/AGENDA TITLE: ESEE - Goal # 5 Resources REQUESTED BY: WAM DEPARTMENT HEAD OEC: CITY ADMINISTRATOR: INFORMATION SUMMARY The ESEE Goal # 5 Resource includes an evaluation of various open space and historic resources. Staff has reviewed the sites and identified ways to preserve these resources or prevent adverse impact from conflicting uses. The Planning Commission forwarded this item to you for approval. ALTERNATIVES CONSIDERED Council may approve the addition of this item to the Comprehensive Plan Element on Natural Features and Open Spaces or suggest revisions. r/ SUGGESTED ACTION l Staff recomirends that the Council adopt the ESEE Element and amend the Comprehensive Plan to include this revision. MEMORANDUM September 16, 1983 TO: Members of the City Council FROM: Planning Staff too SUBJECT: ESEE Goal 5 Resources In the spring of 1983, the planning staff with the help of students from Portland Community College, conducted a thorough field study to evaluate sites in Tigard's Urban Growth Boundary which meet Goal 5 guidelines. Goal 5 reads as follows: GOAL: To conserve open space and protect natural and scenic resources. Programs shall be provided that will: (1) insure open space, (2) protect scenic and historic areas and natural resources for future generations, and (3) promote healthy and visually attractive environments in harmony with the natural landscape character. The location, quality and quantity of the following resources shall be inventoried: a. Land needed or desirable for open space; b. Mineral and aggregate resources ; C. Energy sources; d. Fish and wildlife areas and habitats; e. Ecologically and scientifically significant natural areas, including { desert areas; f. Outstanding scenic views and sites ; g. Water areas, wetlands, watersheds and groundwater resources; h. Wilderness areas; i. Historic areas, sites, structures and objects; j. Cultural areas; k. Potential and approved Oregon recreation trails; I. Potential and approved federal wild and scenic waterways and state scenic waterways. Where no conflicting uses for such resources have been identified, such resources shall be managed so as to preserve their original character. Where conflicting uses have been identified, the economic, social, environmental and energy consequences of the conflicting use3 shall be determined and programs developed to achieve the goal. Attached is the staff's analysis of Goal 5 resources. Each potential site is identified and described in relation to Goal 5. in addition, a staff recommendation is included for each site. STAFF RECOMMENDATION: ` The Planning Commission reviewed the information submitted by staff, held a public hearing on this issue, and voted to forward a recommendation to the City Council. Staff recommends that Council review the document and approve it as part of the Comprehensive Plan. i (WAM:lw/0154P) € t i s i i CONTENTS Page ` k 1 LCDC Goal #5 Analysis 1 I. Resource Inventory 1 A. Significant, Outstanding or Needed 1 r B. Conflict Analysis C. Economic, Social, Environmental 2 t and Energy Consequence Analysis 2 D. Program Decision 3 t II. Identified Resource 3 A. Little Bull Mountain Natural Forest 4 B. Summer Creek Floodplain and Riparian Forest 4 e C. Krueger Creek D. Summer Creek Floodplain and Riparian Forest 5 East of S.W. 135th Avenue 5 E. Tigard/Tiedeman Fanno Creek Marsh and Floodplain 6 F. Tualatin River Floodplain West of Cook Park 6 G. Fanno Creek Park/Main Street 7 + H. Fanno Creek North of North Dakota 8 I. Fanno Creek Hall/Bonita — Bonita/Durham 9 J. Ravine 108/113 Tualatin Floodplain 9 K. Durham Elementary School 10 L. John F. Tigard House 10 f M. Summer Creek/Woodward School Fir Grove 11 l N. Windmill/121st and Katherine 12 0. Joy Theatre 12 P. Upshaw House/Seven Gables 13 Q. Tigard Grange 13 R. Kallstrom Fir Grove 14 S. Tigard Street Farmhouse and Windmill 14 T. Tigard Feed and Seed Y G c �!• 1!],!!!�ii � �5/ M A _lam . �' asa�sl a�1_::uf�ul/3�' �1•��_= SIl■w,1..Tslt)♦ �s/-tri- i �` �.•.•'�'•.��i.'.iii:.I!:J,� S �`ff��=-1l I��_./.71Li1.•r..1�IC 11 1 11�� ! j �. ,a,Wool.• \ IIP mine !• ll•tl t ' t �'rf` ■ i�!G ':2 C<'� '�� a,u, ■,'�t uull! , 11 i'��r'' ��•T.! "AMIN - 11-pt �tM:,7�=1 �- � • �� ..,:�rlt :`�� '�'.�. ry r ��■��;:Jam':�i:��` �11 :� � Iw r... MILE ..n.'�'� Few ■_ ��' ,� 1■ =f`'- I c• Ot tt� t,,f� ��.� " �� ►• ;. 1 ��:: .-�.:'_�',',�r r:J:�a� ��r MIM ► .l•l (;�i� 1 L -•� -i =11110 Sl'S,1 C - p � a.: Wh. >:-• s. 1;► ",i ` ifs ►.aIU _ I' �. 7l( _'�� ` r rr •�.•y�` HIM i f� . �:•�� r�;; ��yl � ■ •..q■ Ilil$" Ta-' � •.Z� �, ♦ r 111 ssn� •ac�o :?� I*u �!IJ�■■`` 'Allitr11711►"• I�� t' ��-:�.�� i ��.jrsm VIII ■T�;L [�•�� '�l ��." ./i1. vl�+. w � �i > �� 1`V /� r�rr�Y* f■ii. #� _ .itt' :u , f a. :�'•°` . � '_►' �' ■■r +;.•' '� �' V � � ''.■user ' 1 law 1111191, � �� :►yes w.�■111 151 T:••� ►■.Y'.�-1�• :�a/,�. "..� I i � _ '. ��• t ,. X13�:n:tr �.� �.�.�,•• .- •: _ �� •■nl•u T�1L 1 ��•...•• �� r. _ y �t7l0VR .i�.'7�=:� H� •a a -WWII■n •. \� / AK-03: At _■. .-� i1i�11,l�•iir.�1 ��7:�iwiJ■ti ��.•:� r� t._^�6 �- - ■r t1`�s.o , 8uuihrtltlttllae =` �I��'\1. ■ WIS .� •j .- rr r•" IYIaT� aff, ■ MF,4q1 un. 1 — f miss ,.,.a � ='L•_•r .:, F` I ' « -. -■.ice. '`� _ r � t • rr � � ■tl ...Il� i. LCDC Goal #5 Analysis l� OAR 660-16-000 deals with the implementation of Statewide Planning Goal #5 - Open Spaces, Scenic and Historic Areas, and Natural Resources. There are various steps that must be followed in meeting the goal. This section will deal with these steps by summarizing the findings, conclusions, and actions of the total plan. I. Resource Inventory. The first step is the inventory of resources within the Tigard active urban planning area. Of the required items for inventory, the following are found in the study area: 1. Land needed or desirable for open space. This includes the areas within the 100-year floodplain and greenway of Fanno Creek. 2. Fish and wildlife areas and habitats. This also includes the t Fanno Creek 100-year floodplain and marshland. 3. Ecologically and scientifically significant natural areas. Little Bull Mountain is a part of this inventory. r 4. Water areas, wetlands, watersheds and groundwater resources. The pond and marsh adjacent to Park 217 would be included in this inventory. 5. Historic and Cultural resources. Part of this inventory would j include the Tigard Grange and the John F. Tigard House. A. Significant, Outstanding or Needed t: The resources listed in this inventory are determined to be significant, outstanding and needed related to the overall development of Tigard as a diverse community. It is the determination of the City through this Goal #5 process that these resources are of great value to the community and should be preserved, or preserved to some degree. B. Conflict Analysis For each of the resources identified worthy of some degree of protection, there is a potential of conflict for other uses. Potential conflicts include: 1. Loss of the resource through conversion of the area to a developed residential, commercial or industrial use; for example, the cutting of trees, the filling of a marsh area or the demolition of a historic structure. 2. Creation of adjacent activities that would degrade the resource areas. In particular, this involves the potential of uses adjacent or near to the resource that would disrupt or jeopardize the viability of that resource. i E i f C. Economic, Social, Environmental and Energy Consequence Analysis f Where there is a conflicting use, or the potential thereof, an analysis of the consequences of each of the factors (Economic, Social, Environmental and Energy) must be made. The consequences are: 1. The economic impact of protecting the resource is directly related to the loss of potentially developable land. For example, it would be almost impossible to utilize some of the parcels, or portions thereof, in the floodplain for any type of development due to the cost of fill and engineering. There should be no adverse economic impact from the area's preservation. 6 k The wooded areas on several resource sites will have an impact on a the character and intensity of the use allowed. The trees, however, can be incorporated into required setback and landscaping areas without much loss of net buildable area. 2. Some of the resource areas inventoried have significant social t impact. This could be due to the historic or cultural nature of a site, educational significance because of unique natural characteristics and/or their proximity to schools, i.e. the marsh just north of Fowler Junior High. The wooded areas will be of special significance when the residential areas become heavily developed. These wooded areas will be important breaks or buffers in the residential areas. The loss of these areas would be of considerable social harm due to their unique natural value, environmental significance and community beauty. r 3. Environmental impacts would be great if natural areas were not preserved. The trees provide an important visual buffer or break as well as providing for wildlife habitats. Some of the areas within the 100-year floodplain of Fanno Creek have outstanding ecological, educational and recreational value. Their destruction would cause irreparable impact on the community and environment. 4. There are no known energy consequences of either using or not using the resource areas, other than the fact that without these the members of the Tigard community could potentially have to e drive somewhere else in order to enjoy such amenities. D. Program Decision There are several actions that will be taken to preserve these resources. 1. The significant wooded areas are identified and mapped. The policy of the City's comprehensive plan is that these areas will L. be preserved in a natural state as much as possible or integrated It into the design of any development, i.e. parking lot island, . C building setbacks, street rights-of-way and landscaping areas whenever possible. If it is necessary to remove a portion or all of the trees, the replacement landscape features shall be subject to approval by the applicable approval authority. 2 - 2. Historic structures and cultural sites are placed within the Historic Overlay District (HD) which prescribes standards and procedures for development within each (HD) area. The purpose of the standards and procedures are to preserve the structure on site, whenever possible, and ensure that arty development within the district is compatible with the character of the district; both architecturally and through the overall site plan, 3. Areas designated for residential and within the Fanno Creek 100-year floodplain are protected from development encroachment and will be preserved for greenway, open space and recreational uses. These safeguards are specifically addressed within policy language of the comprehensive plan and within the Sensitive Lands Overlay chapter of the Tigard Community Development Code. Some of the area designated for commercial or industrial use within the Fanno Creek 100-year floodplain will accommodate development provided that they meet the applicable planning policies and the requirements set forth in the Sensitive Lands chapter of the Tigard Community Development Code. 4. The provisions of these policies and ordinances will be implemented administratively by the City staff and through the Hearings Officer, Planning Commission and City Council. II. Identified Resources A. Little Bull Mountain Natural Forest The Little Bull Mountain natural forest area located on the west side of Little Bull Mountain was determined to be a significant Goal #5 resource as an outstanding scenic site. The size of the treed area includes approximately 24.9 acres. The wildlife within the site is limited to small birds and animals. The major significance of this area is its visual impact viewed from many vantage _points within Tigard. This area is the largest stand of nature coniferous trees within the Tigard active urban planning area, and, therefore, serves as a City visual landmark. The Comprehensive Plan designates this area north of Naeve Road, a Low Density Residential (1-5 units to the acre) with a Planned Development overlay zone required of any type of residential development. If the resource is preserved, it will be necessary to situate any structures in a manner that minimizes the loss of the trees. The land also has economic value. Given its proximity to Pacific Highway and adjacent residential areas and its topography, the land does lend itself to a low density residential use. The staff recommendation for this site is to limit conflicting uses. The limited conflicting uses allowed will be single family detached residential units, reviewed through the Planned Development process, 3 - and community recreation reviewed through the Conditional Use ! process. Both of the processes listed in the Community Development Code have standards which review the removal of any major vegetation. In addition, the Tree Removal chapter of the Community Development Code protects major vegetation on undeveloped land. B. Summer Creek Floodplain and Riparian Forest The Summer Creek floodplain and riparian forest were determined to be significant Goal #5 resources as water areas and wetlands, fish and wildlife habitat, and as an open space/recreation site. The size of i. the 100-year floodplain is approximately 2.9 acres. This swamp/marsh is the only one within the area, and is an extension of the similar ecosystem west of. Scholls Ferry Road. The combination of deciduous swamp and coniferous upland vegetation is especially valuable a diverse wildlife habitat, according to Mike Houck, the wildlife biologist who surveyed sites for Washington County. He called the f site an "important wetland," one of the three most important wildlife sites in the area. Summer Creek is the only major tributary basin of Fanno Creek which has not been substantially urbanized. Wetlands such as this will serve an even more important function in purifying ` water as the basin is developed. The Comprehensive Plan designates the site as Medium--High Density { Residential (13-20 units per acre) which might conflict in some ways 1 with preservation of the Goal #4 resources. If the resources are preserved, there may possibly be a loss of buildable land, fewer dwelling units, and additional development costs ; on the other hand, land and amenity values might be enhanced, dwellings might be buffered from road traffic, and local open space generated. If the conflicting use (Medium-High Density Residential, 13-20 units/acre) is allowed unaltered, there may be loss of wildlife habitat, lower water quality, and additional costs of modifying the floodplain. The staff recommendation of this Goal #5 site is that the floodplain and immediately adjacent riparian upland be preserved in their natural condition, including topography and vegetation. Density transfer from the site will be allowed up to 25% of the density allowed on buildable land (non-floodplain). Parcels containing any of the site will be required to develop under Planned Development provisions of the Tigard Community Development Code. C. Krueger Creek The unnamed stream which flows north across this area and into Summer Creek was determined to be a significant Goal #5 resource as a waterway, wildlife habitat, and open space/recreation site. Though not an especially outstanding resource, the creek provides, with its narrow strip of natural vegetation, the kind of small-scale natural features that can markedly soften and buffer the impact of urban development. As wildlife habitat in particular, it would be retained as an important corridor, and would also help minimize the water pollution impact of urbanization. The image is one of small children playing with frogs along a waterway fringed with shrubs and trees. - 4 - mom _ The Comprehensive Plan designates the site as Medium-High Density Residential (13-20 units per acre, except 6-12 units on the south) , which might conflict in some ways with preservation of the Goal #5 resources. If these resources are preserved, there may possibly be loss of buildable land, fewer dwelling units, additional development costs, enhanced amenity values, and local open space. If the conflicting use (Residential) is allowed, there may be loss of wildlife habitat, lower water quality, and additional costs of development and maintenance for structural drainage management. The staff recommendation fns- this Goal X65 site is that the waterway and immediately adjacent ripar.Lan upland (a minimum 25' on each site) be entirely preserved in their natural condition, including topography and vegetation. Density transfer from the site shall be allowed. Parcels containing any of the site shall be required to develop under the provisio-s of Planned Development. D. Summer Creek Floodplain and Riparian Forest East of S.W. 135th Avenue The Summer Creek floodplain and adjacent riparian forest area was determined to be a significant resource as water area and wetlands, fish and wildlife habitat, and as an open space/recreation area. The area within the 100-year floodplain is approximately 9.43 acres. This area is a continuation of the Summer Creek environment west of S.W. 135th Avenue, and many of the same attributes are found in this area. The Comprehensive Plan Map indicates that this area is Medium-High Density Residential (13-20 units to the acre) , which might conflict in some ways with preservation of this area. According to policies 3.2.2 and 3.2.3, residential development within the 100-year floodplain area is not permitted which creates a possible loss of potential buildable land. Density transfer, however, is permitted up to 25% of the area within the 100-year floodplain. If the conflicting use (Medium-High and Medium Density Residential) is allowed within the resource area, there may be a loss of significant vegetation, wildlife habitats, lower water quality and additional costs of modifying the floodplain. The staff recommendation for this resource area is that the land within the 100-year floodplain and the immediately adjacent riparian upland be preserved in their natural condition, including topography and vegetation. E. Tigard/Tiedeman Fanno Creek Marsh and Floodplain The Tigard/Tiedeman marsh and floodplain site is located south of Tigard Street and west of Tiedeman Avenue. The size of this marsh area is approximately 8.7 acres. This area was determined to be a significant resource originally in 1977 by a State Field Biologist as a significant wetland area. Since that time, no development has occurred within the marsh area and the City has continued to consider it to be a resource. There exists, however, various types of �. development adjacent to the area. Directly to the east of Fanno Creek and the marsh area, there are single family and duplex residential units. To the southwest of the marsh area lies Fowler Junior High School. Two or three activity fields separate the school from the marsh area. 5 1 As a fish and wildlife habitat area, it could be retained as an education tool for the community, and school system, especially due to its close proximity to Fowler Junior High School. The Tigard Comprehensive Plan designates this area as Medium Density Residential (6-12 units per acre) although it is almost all within the 100-year floodplain. Policies 3.2.2 and 3.2.3 prohibit residential development within the floodplain area which facilitate the preservation of this marsh site. Density transfer from the site will be allowed up to 25%6 of the unbuildable area (marsh and floodplain). The staff recommendation for this resource site is the marsh area and floodplain area adjacent to the marsh be preserved in their natural state, including topography and vegetation; excluding a pedestrian/bikepath through or adjacent to the area. Any marsh or floodplain development would be required to be reviewed in accordance with the standards of the Sensitive Lands chapter. F. Tualatin River Floodplain West of Cook Park This area of the Tualatin River Floodplain has been determined to be a significant resource as a water area and as open space/recreation area (addition to Cook Park). The size of this resource site is approximately 33.4 acres. This wooded and grassy area connects the floodplain area with Cook Park as an extended greenway. Segments of the pedestrian/bike path have been constructed to the west of this area. The path would be continued through the area as adjacent development occurs, connecting to Cook Park. The Tigard Comprehensive Plan designates this area as Low (1-5 units per acre) and Medium (6-12 units per acre) Density Residential. Since residential development of any type is not permitted within the floodplain (policies 3.2.2 and 3.2.3), this area can be exempted from conflicting development. The staff recommendation .for this resource site is that the floodplain area should be preserved with limited conflicting uses within the area. These conflicting uses would include park and pedestrian/bike pathway related uses. The Sensitive Lands section of the Community Development Code establishes the standards by which any park related development within the floodplain would be reviewed. G. Fanno Creek Park/Main Street This area within Tigard's Central Business District along Fanno Creek, within the 100-year floodplain, has been determined to be a significant resource as a water area and needed open space for recreation purposes. This extends from Main Street on the north to Hall Blvd. on the south and includes approximately 32.5 acres. This area is needed for open space for two reasons: 1) It will provided for a variety of needed park uses in an area of Tigard where park uses are not readily available, and 2) It establishes an open space buffer between residential and commercial uses. i - 6 - r i i 3 _ The park and open space will be developed in two distinct phases. ( The active park area is between Ash Avenue right-of-way and Hall Blvd. The remaining park area will be developed as passive open space in conjunction with the Main Street development project. Both of these park plans and developments have been adopted by the City i Council. I E The Comprehensive Plan for the City designates these areas as Central Business District; which includes park uses as an allowed use. x P Limiting the area only to its natural condition would retard the economic viability of the downtown core. In addition, prohibiting conflicting uses could also limit the City's ability to alleviate existing and potential increased flooding problems due to the E circuitous route of Fanno Creek. z The staff recommendation for this resource site is to allow for conflicting uses, park and commercial development in accordance with the adopted City Council plans. "r H. Fanno Creek North of North Dakota The Fanno Creek floodplain north of North Dakota was determined to be a significant wetland and water area and open space/recreation resource. The resource includes the 100-year floodplain area directly north of North Dakota north to approximately the Black F ( Diamond subdivision area, approximately 36.3 acres in area. This marshy area serves as a buffer between the residential areas on the west and the industrial areas east of Fanno Creek. According to a r number of residents that live adjacent to this area, it also supports s a wide variety of wildlife habitats, The Tigard Comprehensive Plan designates the area to the west of Fanno Creek as Minimum Density Residential (6-12 units per unit) while the area east of the area east of the creek is designated as Light Industrial. Due to the requirements of policies 3.2.2 and t 3.2.3, no residential development can occur within the 100-year floodplain area. Industrial development may occur within the floodplain if the requirements of the Sensitive Lands chapter of the Tigard Community Development Code are met. These standards are clear and concise and require that the functioning capacity of the floodplain be retained and no up or down stream adverse impacts occur as a result of the development. In additional, vegetation must be installed to restore the floodplain/greenway characters of the resource as well as visual screening for the residences or the west side of the creek. It is the City's contention that due to the irregular shaped industrial land in this area it may be necessary to partially develop portions or the floodplain in order to adequately accommodate industrial development. In addition, the railroad already traverses the industrial area which also decreases the desire for the City to preserve the entire east side of the creek. F 7 - i The staff recommendation for this Goal #5 resource area is to: 1) limit i conflicting uses on the industrial side of the creek, 2) provide any I pedestrian/bike pathway that may be required with this section of the I floodplain/greenway area, 3)perform any necessary channel work for Fanno Creek to alleviate existing and potential increased flooding along Fanno Creek. 's Residential development along the west side of the floodplain would be f prohibited. Twenty-five percent of the density on the unbuildable land i may be transferred to the buildable portion of the land for development purposes. I. Fanno Creek Hall/Bonita - Bonita/Durham = t The Fanno Creek floodplain south of Hall Blvd. and north of Bonita Road was considered to be a significant water area and open space/recreation resource. The resource includes the land within the 100-year floodplain, approximately 50 acres in area. The majority of the floodplain area south of Hall Blvd. to about the Bonita Firs development is heavily wooded and provides an excellent buffer for the residential areas along the west and south sides of the creek. Light Industrial designated areas border the creek on the north and east sides. Besides serving as a buffer, the wooded areas also support a wide variety of small birds and animals. Residential development within the 100-year floodplain is prohibited in accordance with policies 3.2.2 and 3.2.3 of Tigard's adopted Comprehensive Plan. Although if additional residential development does occur adjacent to the floodplain/greenway area, a pedestrian/bike pathway would be required to the development, in accordance with the standards set forth in the Sensitive Lands chapter of the Community Development Code. The areas adjacent, and in some cases within, the 100-year floodplain area have been determined to be needed and desired industrial development sites, which are vital to maintain Tigard's strong commercial and industrial economic base. These sites are abutting railroad tracks and have easy access to collector and arterial classified streets. The need to develop these sites may, in some instances, require a portion of the floodplain area to be altered in order to adequately accommodate the developments. Any such proposals would be reviewed in accordance with the standards set forth in the Sensitive Lands section of the Community Development Code, to ensure that there would not be any adverse impacts as a result of any such development. The staff recommendation for this resource area is to limit conflicting uses on all areas within the floodplain that are designated for residential uses. The limitation would include any pedestrian/bike pathway that may be required of development, plus any necessary channel work along Fanno Creek to alleviate existing and potential increased flooding along Fanno Creek. Actual residential development within the t floodplain area is prohibited in accordance with policies 3.2.2 and 3.2.3. Twenty-five percent of the density on the unbuildable portion of the land may be transferred to the buildable portions of the land for development purposes; provided all of the applicable Code requirements are j met. e - 8 - ' 9, On areas designated for industrial uses within the *loodplain, conflicting ( uses w* 11 be allowed fully in accordance with policies 3.2.2 and 3.2. 3 and the standards set forth in the Sensitive Lands chapter of the Community Development Code. J. Ravine 108/113 Tualatin Floodplain This resource area is actually part of the lualatin Floodplain area, yet has a setting much unlike the normal floodplain area. It has , therefore, been considered to be a significant open space, water shed and wetland area; and it includes all of the land designated as floodplain, approximately 35 acres. This low lying area is primarily covered with deciduous trees and underbrush with a few marshy areas. It provides a habitat for a variety of small animals and birds while providing a unique open space resource. In some of the areas, the property owners have maintained the area as lawn. This natural area also functions as a drainageway primarily during the months of higher water concentration. Many of the slopes going into the area exceed 15%, and adjacent to the mobile home park the reinforced slopes are a minimum of 25 percent. The actual floodplain area is less area than the entire resource area. The Tigard Comprehensive Plan indicates that the areas surrounding this resource will be developed for Low Density Residential uses (1-5 units per acre) , except for the mobile home park which is already developed at a Medium Density Residential use (6-12 units per acre). These uses may conflict in some ways with the preservation of this resource. If the entire resource is preserved, there may be a loss of buildable lands, fewer dwelling units, and additional development costs. On the other hand, land and amenity values might be enhanced, dwellings buffered from other dwellings, and local open space generated. If the conflicting use is allowed unaltered, there may be a loss of wildlife habitat, lower water quality, and additional costs of modifying the area. The staff recommendation for this Goal #5 is that the floodplain and the entire ravine area below the 150 foot elevation mark be preserved in their natural condition, including topography and vegetation. Density transfer from the site will be allowed up to 25% of the density allowed within the resource area. Parcels containing any of the resource site will be required to develop under an approved Sensitive Lands permit and the ata—ards set forth in the Community Development Code. K. Durham Elementary School The Durham Elementary School was determined to be a significant historic structure. The school site size includes 5.59 acres. Now part of the Tigard School District 23J, the Durham School was erected in 1920. In 1951, an addition was added to the facility which now houses classes to the sixth grade. In addition, this school house is the only remaining institutional land mark in the southeastern portion of Tigard. Efforts are continuing to place the structure on the National Historic Register. F S t 9 - i The Comprehensive Plan Map indicates the site as Public/Institution. The designation would restrict conflicting uses on the site to public or institution, therefore, no other residential , commercial or industrial uses would be permitted on the site. The Community Development Code includes a Historic Overlay District (HD) which is placed on he school site property. This overlay district requires any development proposal to be reviewed in a public hearing. The standards within the Historic Overlay District chapter requires that all changes with the district be compatible with the historic structure. The staff recommendation for this resource is to preserve the structure as historic and facilitate, if possible, placing the structure on the National Historic Register. A Historic Overlay District designation should be placed over the zoning. L. John F. Tigard House The John F. Tigard House, located on the southwest corner of S.W. 103rd and S.W. Canterbury, was included on the National Register of Historic Structures on July 20, 1979, and, therefore, has been included as a historic resource for the City of Tigard. This structure has been Tigard's historic focal point, and is a good example of early frame construction. In 1979, it was moved from its original location on Pacific Highway to its present location on the southwest corner of S.W. Canterbury and S.W. 103rd. It is currently being restored. The exterior restoration is almost complete, however, there is still substantial work needed on the interior of the structure. The property on which the structure is located is owned by the Tigard Water District. The Comprehensive Plan Map indicates the site is Low Density Residential (1-5 units per acre) with an underlying zoning of R-10 (Single Family Residential). These designations are not in conflict with the historic resource since it is a residential use. The 10,000 square foot minimum lot size appears adequate to situate the structure and accessories in a similar setting as originally built. A Historic Overlay District (HD) designation will be placed upon land area on which the structure and accessories stand. This designation will ensure that any development upon the land area will be compatible with the character of the historic structure. The staff recommendation for this resource is to preserve structure and accessories, and a Historic Overlay District designation should be placed over the land area. M. Summer Creek/Woodward School Fir Grove This heavily treed area has been determined to be a significant Goal #5 resource as a natural area and an outstanding scenic site. The approximately 2.5 acre site is bordered by the Summer Creek floodplain/greenway on the north and east, the Mary Woodward 10 - � J 7i Elementary School on the south and vacant land/residential land on j the west. (The westerly land is designated for Low Density Residential (1-5) units per acre) and is zoned h-4. 5 (YD) , part of the Summerlake development. ) The resource area is largely covered with mature Douglas Fir with various underbrush especially along its edges. It is one of a few undisturbed fir stands in the northwest portion of Tigard, and is seen as a visual amenity by the various neighborhoods in northwest Tigard. Although the wildlife habitats within the area are not significant (small birds and animals) , the area does lend itself as a possible educational tool for school children as well as the surrounding residents. The combination of upland and riparian vegetation presents a diversity of native environments. In addition, this particular site is landlocked and has never been included in any of the adjacent development plans. Once the lower phase of Summerlake has been platted and development initiated, it would be diffizult to incorporate this piece into any development. Given all of the above analysis, it is more apparent that this area should be kept in its natural state. The Comprehensive Plan designates this resource site as Low Density Residential (1-5 units per acre). If the resource is preserved, V there would be a loss of development potential, however if the conflicting use R-4.5 (Single Family Residential) is allowed, there would be a loss of a significant visual, natural and educational x resource within the northwest area of Tigard. i The staff recommendation on this Goal #5 resource is to limit conflicting uses within the resource site to trail and related educational uses. uld be preserved in its natural condition. Otherwise, the resource site sho P N. Windmill/121st and Katherine IT i F The windmill structure has been determined to be significant as a t historic resource. The windmill is situated on the southwest corner f of 121st and Katherine on land dedicated to the City for park t purposes ; approximately .14 acres. The windmill was constructed around 1901 and currently is being restored. The windmill is one of three known windmills in the Tigard planning area, and is a definite structural link to Tigard's historic character. The Comprehensive Plan designates the resource site open space which does not conflict with the presentation or renovation of the resource. In addition, the R-4.5 zoning designation will include a i Historic Overlay District designation (HD) which requires that any modifications to the structure or grounds would be required to meet certain standards of compatibility. The staff recommendation for this historic resource is to renovate and C preserve the windmill structure and allow for other passive related park uses on the site. - 11 - 0. Joy theatre The Joy Theatre has been determined to be a significant historical resource. built in 1939, it is the only indoor theatre in Tigard with a classical marquee. Although, the lobby of the theatre was remodeled after 1939, the remaining portions of the structure are original ana the theatre has never been used for anything other than a theatre use. The Tigard Comprehensive Plan designates the resource site for Commercial-General with the same underlying zoning; which allows theatres outright. Therefore, there would not be any conflicting uses due to land use designations. In addition, adjacent uses include commercial and office uses which complement the theatre. Other information about this potential resource is sketchy to say the least. More time will be needed to gather qualitative information. The staff recommendation for this Goal #5 historic resource is to delay the Goal #5 process until further information can be gathered on the quality of the resource. The perceived quality of the resource, however, is such, primarily due to its marquee and traditional theatre architecture, that staff believes it is necessary to include it within the resource inventory. In the next fiscal year the City will be collecting data for a master City park plan. At that time, it will be necessary to point out all City points of interest as well as recreation areas. The Joy Theatre will be included in the inventory. P. Upshaw House/Seven Gables The Upshaw House has been determined to be a significant historic resource due to the age and architecture of the structure. At this time, the City's knowledge on this unique residence is limited. The residence was erected around 1909, and has never been moved. The site now is approximately 1.1 acres although it appears to have once been at least 13-15 acres. Remnants of the apple orchard still remain. The residence has a classic farm house type architecture with numerous dormers, and remains in good condition. There are very few pre-1930 structures remaining in Tigard, and this particular structure is one of the finest. The Comprehensive Plan designates the area for Low Density Residential with an underlying zone designation of R-10 (Single Family Residential) . Therefore, there is not a conflict between the existing use and the land use designation. To ensure that development on the resource site is compatible with the structure, a Historic Overlay District (HD) will be placed on the site. i The staff recommendation for this resource is to include the structure on the City's .resource inventory and delay the Goal #5 process until further data can be obtained. During the next fiscal year, the City will be proceeding with the development a a master City parks plan which will also point out citywide points of interest as well as park needs and - 12 - assessment. It is the intent of the City to preserve the character of the structure through the standards set forth in the Tigard Community Development Code. Q. Tigard Grange The Tigard Grange building located on Pacific Highway has been determined to be a significant historic resource. Although the City does not know the specific date, it has been stated by the Washington County Historical Society that the grange building is one of the oldest such granges in the west. It is currently being used as a church. The remaining information on the structure is somewhat sketchy. It is a one-story wood-frame structure with a stucco front and wood horizontal siding on the remaining sides. The building is currently in good repair. The Comprehensive Plan designation for this resource site is Commercial-General with an underlying zoning designation of C-G (General Commercial). There does not seem to be a conflict concerning land use. Church uses are not permitted in a C-G zoning district, therefore, it is considered nonconforming. Its use or other subsequent commercial use, however, may be appropriate, provided that the architectural character of the structure remains. The staff recommendation for this resource is to include the structure on the City's resource inventory and delay the Goal #5 process until further data can be obtained regarding the structure. During the next fiscal year, the City will be proceeding with the development of a master City parks plan, which will also discuss citywide points of interest as well as park needs and assessments. It is also the intent of the City to preserve the architectural character of the structure through the review of the standards set forth in the Tigard Community Development Code. R. Kallstrom Fir Grove It has been determined by the City that the Kallstrom Fir Grove is a significant Visual and Natural resource. Located on the east property line of the Kallstrom property, the trees represent the only major stand of Douglas Firs on the south side of the Little Bull Mountain area. Planted by the original owners of the property, the unique row of trees represent a visual landmark for the residents in the area. There is a small plaque along SW 100th denoting the fir grove. The Comprehensive Plan indicates a Low Density Residential (1-5 units per acre) designation for the area with an underlying zoning district designation of R-10 (Single Family Residential). There are no land use conflicts between the use and the tree grove other than the fact that the grove could possibly be destroyed due to subsequent development. The staff recommendation for this resource is to preserve the visual and natural resource. The City recommends that a special NPO #6 policy be written to call special attention to preservation of these trees regardless of the type of subsequent development that may oc..ur on the site. The policy may read: 13 - 4 ' S t t t THE CITY SHALL PRESERVE THE KALLSTROM FIR GROVE ON N.W. 100TH t r, AVENUE. t a. ANY DEVELOPMENT ON OR ADJACENT TO THE SITE ON WHICH THE TREES ARE LOCATED SHALL INCORPORATE THE FIR GROVE INTO THE DEVELOPMENT PLANS. E t i b. A DENSITY TRANSFER SHALL BE PERMITTED IN LIEU OF DESTROYING THE TREES. 6 S. Tigard Street Farmhouse and Windmill f S The farmhouse and windmill on the northside of S.W. Tigard Street 3 just west of Fanno Creek has been determined to be a significant historic resource. Once again, the City has very little information on these structures. Based on the architecture, it appears as though the farmhouse and windmill could pre-date 1920. Both of the ' structures are in good repair. In addition, it is the City's understanding that there is a tree which is rare to this area, that was brought from the eastern United States by the original property owner. k The Comprehensive Plan designation for the resource is Medium Density . Residential (6-12 units per acre) with an underlying zoning of R-12 (Multiple Family). The land use designation could be a potential problem related to land values and the feasibility of keeping the (' single family farmhouse and windmill structures amongst higher density development. In 1982, the owner of the site partitioned off the farmhouse and windmill from the remaining 10 acres; thus somewhat deterring extensive development on the resource. In addition, it is t possible to integrate the farmhouse and windmill architecture into any development proposal. This would be accomplished via the Planning Development (PD) process. The staff recommendation for this resource is to include the structures on t the City's resource inventory and del. v the Goal #5 process until further data can be obtained regarding the oackground and significance of the structures. During the next fiscal year, the City will be proceeding with the development of a master City parks plan which will also discuss E citywide points of interest as well as park needs and assessments. It is also the intention of the City to preserve the architectural character of the farmhouse and uniqueness of the windmill through the review of the standards set forth in the Tigard Community Development Code under the Historic Overlay chapter. T. Tigard Feed and Seed This structure has been determined to be a significant cultural and "historic" resource and should be included on the City's resource inventory. Like so many of the older structures in the community, the City has very little information about this structure. From what ( information the City does .have, it appears that the structure was built in the 1940's or earlier and has never been moved. Apparently a portion of the structure was removed when the viaduct for Pacific �Eg t 14 - �• Highway was built The structure is wood frame and is a classic example of once rural, small town americana. Situated in the center of Tigard 's downtown, it is a focal point to the downtown area. The Comprehensive Plan designates the site as Central Business District (CBD) wi~h the same underlying zoning district. In addition, this silt- falls within the Tigard Urban Revitalization Area which is currently of the subject of a revitalization effort. The staff recommendation for this resource is to include the structure on the City's resource inventory and delay the Goal #5 process until further data can be obtained regarding the background and significance of the structure. During the next fiscal year, the City will be proceeding with the development of a master City parks plan which will also discuss citywide points of interest as well as park needs and assessments. It is also the intent of the City co preserve the architectural character of the structure regardless of the use; through the review of the standards set forth in he Historic Overlay chapter of the Tigard Community Development Code. (JC:pm/0106P) 15 - CITY OF 'rIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 10, 1983 AGENDA ITEM # : / DATE SUBMITTED: September 21 , 1983 PREVIOUS ACTION: ISSUE/AGENDA TITLE: ESEE - Goal # 5 Resources REQUESTED BY: WAM DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY The ESEE Goal # 5 Resource includes an evaluation of various open space and historic resources. Staff has reviewed the sites and identified ways to preserve these resources or prevent adverse impact from conflicting uses. The Planning Commission forwarded this item to you for approval. f ALTERNATIVES CONSIDERED Council may approve the addition of this item to the Comprehensive Plan Element on Natural Features and Open Spaces or suggest revisions. SUGGESTED ACTION Staff recommends that the Council adopt the ESEE Element and amend the Comprehensive Plan to include this revision. MEMORANDUii CT September 16, 1983 TO: Members of the City Council FROM: Planning Staff ko" SUBJECT: ESEE Goal 5 Resources In the spring of 1983, the planning staff with the help of students from Portland Community College, conducted a thorough field study to evaluate sites in Tigard's Urban Growth Boundary which meet Coal 5 guidelines. Goal 5 reads as follows: GOAL: To conserve open space and protect natural and scenic resources. Programs shall be provided that will: (1) insure open space, (2) protect scenic and historic areas and natural resources for future generations, and (3) promote healthy and visually attractive environments in harmony with the natural landscape character. The location, quality and quantity of the following resources shall be inventoried: a. Land needed or desirable for open space; b. Mineral and aggregate resources; C. Energy sources ; d. Fish and wildlife areas and habitats; e. Ecologically and scientifically significant natural areas, including desert areas; f. Outstanding scenic views and sites ; g. Water areas, wetlands, watersheds and groundwater resources; h. Wilderness areas; i. Historic areas, sites, structures and objects; j. Cultural areas; k. Potential and approved Oregon recreation trails; 1. Potential and approved federal wild and scenic waterways and state scenic waterways. r Where no conflicting uses for such resources have been identified, such resources shall be managed so as to preserve their original character. Where conflicting uses have been identified, the economic, social, environmental and energy consequences of the conflicting uses shall be determined and programs developed to achieve the goal. Attached is the staff's analysis of Goal 5 resources. Each potential site is identified and described in relation to Goal 5. In addition, a staff recommendation is included for each site. STAFF RECOMMENDATION: The Planning Commission reviewed the information submitted by staff, held a public hearing on this issue, and voted to forward a recommendation to the City Council. Staff recommends that Council review the document and approve it as part of the Comprehensive Plan. (WAM:lw/0154P) CONTENTS t Page LCDC Goal #5 Analysis 1 I. Resource Inventory I A. Significant, Outstanding or Needed 1 B. Conflict Analysis 1 C. Economic, Social, Environmental and Energy Consequence Analysis 2 D. Program Decision 2 II. Identified Resource 3 A. Little Bull Mountain Natural Forest 3 B. Suimner Creek Floodplain and Riparian Forest 4 C. Krueger Creek 4 D. Summer Creek Floodplain and Riparian Forest East of S.W. 135th Avenue 5 E. Tigard/Tiedeman Fanno Creek Marsh and Floodplain 5 F. Tualatin River Floodplain West of Cook Park 6 G. Fanno Creek Park/Main Street 6 H. Fanno Creek North of North Dakota 7 I. Fanno Creek hall/Bonita - Bonita/Durham 8 J. Ravine 108/113 Tualatin Floodplain 9 K. Durham Elementary School 9 L. John F. Tigard House 10 M. Summer Creek/Woodward School Fir Grove 10 N. Windmill/121st and Katherine 11 0. Joy Theatre 12 P. Upshaw House/Seven Gables 12 Q. Tigard Grange 13 R. Kallstrom Fir Grove 13 S. Tigard Street Farmiouse and Windmill 14 T. Tigard Feed and Seed 14 9 pmtt!A 1. u I 1p"lot, Or. urrup all 151 TORN IL 1910191,01 NE-g-T Ef :..... OR 11 -its ig ==go EA • 1A a fi W ✓ er M WON XC -.1 li•t T \I�r.�f - 1,�_ ■r� 1�, . ., WIN �.�r• � �..•� ��w M oil 1W PT pt gg RPM k LCDC Goal #5 Analysis OAR 660-16-000 deals with the implementation of Statewide Planning Goal #5 - Open Spaces, Scenic and Historic Areas, and Natural Resources. There are a. various steps that must be followed in meeting the goal. This section will deal with these steps by summarizing the findings, conclusions, and actions of the total plan. , s I. Resource Inventory. The first step is the inventory of resources within the Tigard active urban planning area. Of the required items for inventory, the following are found in the study area: 1. Land needed or desirable for open space. This includes the areas within the 100-year floodplain and greenway of Fanno Creek. 2. Fish and wildlife areas and habitats. This also includes the x Fanno Creek 100-year floodplain and marshland. 3. Ecologically and scientifically significant natural areas. Little Bull Mountain is a part of this inventory. 4. Water areas, wetlands, watersheds and groundwater resources. The pond and marsh adjacent to Park 217 would be included in this inventory. 5. Historic and Cultural resources. Part of this inventory would include the Tigard Grange and the John F. Tigard House. C A. Significant, Outstanding or Needed The resources listed in this inventory are determined to be significant, outstanding and needed related to the overall ` development of Tigard as a diverse community. It is the determination of the City through this Goal #5 process that these resources are of great value to the community and should be preserved, or preserved to some degree. Ri B. Conflict Analysis ` } For each of the resources identified worthy of some degree of protection, there is a potential of conflict for other uses. .:. Potential conflicts include: 1. Loss of the resource through conversion of the area to a developed residential, commercial or industrial use; for example, the cutting of trees, the filling of a marsh area or the demolition of a historic structure. 2. Creation of adjacent activities that would degrade the resource areas. In particular, this involves the potential of uses adjacent or near to the resource that would disrupt or jeopardize the viability of that resource. - 1 - C. Economic, Social, Environmental and Energy Consequence Analysis Where there is a conflicting use, or the potential thereof, an analysis of the consequences of each of the factors (Economic, Social, Environmental and Energy) must be made. The consequences are: I. The economic impact of protecting the resource is directly related to the loss of potentially developable land. For example, it would be almost impossible to utilize some of the parcels, or portions thereof, in the floodplain for any type of development due to the cost of fill and engineering. There should be no adverse economic impact from the area's preservation. The wooded areas on several resource sites will have an impact on the character and intensity of the use allowed. The trees, however, can be incorporated into required setback and landscaping areas without much loss of net buildable area. 2. Some of the resource areas inventoried have significant social impact. This could be due to the historic or cultural nature of a site, educational significance because of unique natural characteristics and/or their proximity to schools, i.e, the marsh just north of Fowler Junior F- -,h. The wooded areas will be of special significance when the residential areas become heavily developed. These wooded areas will be important breaks or buffers in the residential areas. The loss of these areas would be of considerable social harm due to their unique natural value, t environmental significance and community beauty. 3. Environmental impacts would be great if natural areas were not preserved. The trees provide an important visual buffer or break as well as providing for wildlife habitats. Some of the areas within the 100-year floodplain of Fanno Creek have outstanding ecological, educational and recreational value. Their destruction would cause irreparable impact on the community and environment. 4. There are no known energy consequences of either using or not using the resource areas, other than the fact that without these the members of the Tigard community could potentially have to drive somewhere else in order to enjoy such amenities. D. Program Decision There are several actions that will be taken to preserve these resources. I. The significant wooded areas are identified and mapped. The policy of the City's comprehensive plan is that these areas will be preserved in a natural state as much as possible or integrated into the design of any development, i.e. parking lot island, building setbacks, street rights-of-way and landscaping areas whenever possible. If it is necessary to remove a portion or all of the trees, the replacement landscape features shall be subject to approval by the applicable approval authority. 2 - 2. Historic structures and cultural sites are placed within the i^ Historic Overlay District (HD) which prescribes standards and procedures for development within each (HD) area. The purpose of the standards and procedures are to preserve the structure on site, whenever possible, and ensure that any development within the district is compatible with the character of the district; both architecturally and through the overall site plan. 3. Areas designated for residential and within the Fanno Creek 100-year floodplain are protected from development encroachment and will be preserved for greenway, open space and recreational uses. These safeguards are specifically addressed within policy language of the comprehensive plan and within the Sensitive Lands Overlay chapter of the Tigard Community Development Code. Some of the area designated for commercial or industrial use within the Fanno Creek 100-year floodplain will accommodate development provided that they meet the applicable planning policies and the requirements set forth in the Sensitive Lands chapter of the Tigard Community Development Code. 4. The provisions of these policies and ordinances will be implemented administratively by the City staff and through the Hearings Officer, Planning Commission and City Council. II. Identified Resources t A. Little Bull Mountain Natural Forest The Little Bull Mountain natural forest area located on the west side of Little Bull Mountain was determined to be a significant Goal #5 resource as an outstanding scenic site. The size of the treed area includes approximately 24.9 acres. The wildlife within the site is limited to small birds and animals. The major significance of this area is its visual impact viewed from many vantage points within Tigard. This area is the largest stand of nature coniferous trees within the Tigard active urban planning area, and, therefore, serves as a City visual landmark. The Comprehensive Plan designates this area a Low Density Residential (1-5 units to the acre) with a Planned Development overlay zone required of any type of residential development. If the resource is preserved, it will be necessary to situate any structures in a manner that minimizes the loss of the trees. The land also has economic value. Given its proximity to Pacific Highway and adjacent residential areas and its topography, the land does lend itself to a low density residential use. The staff recommendation for this site is to limit conflicting uses. The limited conflicting uses allowed will be single family detached ( residential units, reviewed through the Planned Development process, 3 - and community recreation reviewed through the Conditional Use process. Both of the processes listed in the Community Development Code have standards which review the removal of any major vegetation. In addition, the Tree Removal chapter of the Community Development Code protects major vegetation on undeveloped land. B. Summer Creek Floodplain and Riparian Forest The Summer Creek floodplain and riparian forest were determined to be significant Goal #5 resources as water areas and wetlands, fish and wildlife habitat, and as an open space/recreation site. The size of the 100-year floodplain is approximately 2.9 acres. This swamp/marsh is the only one within the area, and is an extension of the similar ecosystem west of Scholls Ferry Road. The combination of deciduous swamp and coniferous upland vegetation is especially valuable as diverse wildlife habitat, according to Mike Houck, the wildlife biologist who surveyed sites for Washington County. He called the site an "important wetland," one of the three most important wildlife sites in the area. Summer Creek is the only major tributary basin of Fanno Creek which has not been substantially urbanized. Wetlands such as this will serve an even more important function in purifying water as the basin is developed. The Comprehensive Plan designates the site as Medium-High Density Residential (13-20 units per acre) which might conflict in some ways with preservation of the Goal X64 resources. If the resources are preserved, there may possibly be a loss of buildable land, fewer dwelling units, and additional development costs ; on the other hand, land and amenity values might be enhanced, dwellings might be buffered from road traffic, and local open space generated. If the conflicting use (Medium-High Density Residential, 13-20 units/acre) is allowed unaltered, there may be loss of wildlife habitat, lower water quality, and additional costs of modifying the floodplain. The staff recommendation of this Goal #5 site is that the floodplain and immediately adjacent riparian upland be preserved in their natural condition, including topography and vegetation. Density transfer from the site will be allowed up to 25% of the density allowed on buildable land (non-floodplain). Parcels containing any of the site will be required to develop under Planned Development provisions of the Tigard Community Development Code. C. Krueger Creek The unnamed stream which flows north across this area and into Summer Creek was determined to be a significant Goal #5 resource as a waterway, wildlife habitat, and open space/recreation site. Though not an especially outstanding resource, the creek provides, with its narrow strip of natural vegetation, the kind of small-scale natural features that can markedly soften and buffer the impact of urban development. As wildlife habi t in particular, it would be retained as an important corridor, and would also help minimize the water pollution impact of urbanization. The image is one of small children playing with frogs along a waterway fringed with shrubs and trees. - 4 - The Comprehensive Plan designates the site as Medium-High Density Residential (13-20 units per acre, except 6-12 units on the south), which might conflict in some ways with preservation of the Goal #5 resources. If these resources are preserved, there may possibly be loss of buildable land, fewer dwelling units, additional development costs, enhanced amenity values, and local open space. If the conflicting use (Residential) is allowed, there may be loss of wildlife habitat, lower water quality, and additional costs of development and maintenance for structural drainage management. The staff recommendation for this Goal #5 site is that the waterway and immediately adjacent riparian upland (a minimum 25' on each site) be entirely preserved in their natural condition, including topography and vegetation. Density transfer from the site shall be allowed. Parcels containing any of the site shall be required to develop under the provisions of Planned Development. D. Summer Creek Floodplain and Riparian Forest East of S.W. 135th Avenue The Summer Creek floodplain and adjacent riparian forest area was determined to be a significant resource as water area and wetlands, fish and wildlife habitat, and as an open space/recreation area. The area within the 100-year floodplain is approximately 9.43 acres. This area is a continuation of the Summer Creek environment west of S.W. 135th Avenue, and many of the same attributes are found in this area. The Comprehensive Plan Map indicates that this area is Medium-High Density Residential (13-20 units to the acre), which might conflict in some ways with preservation of this area. According to policies 3.2.2 and 3.2.3, residential development within the 100-year floodplain area is not permitted which creates a possible loss of potential buildable land. Density transfer, however, is permitted up to 25% of the area within the 100-year floodplain. If the conflicting use (Medium-High and Medium Density Residential) is allowed within the resource area, there may be a loss of significant vegetation, wildlife habitats, lower water quality and additional costs of modifying the floodplain. The staff recommendation for this resource area is that the land within the 100-year floodplain and the immediately adjacent riparian upland be preserved in their natural condition, including topography and vegetation. E. Tigard/Tiedeman Fanno Creek Marsh and Floodplain The Tigard/Tiedeman marsh and floodplain site is located south of Tigard Street and west of Tiedeman Avenue. The size of this marsh area is approximately 8.7 acres. This area was determined to be a significant resource originally in 1977 by a State Field Biologist as a significant wetland area. Since that time, no development has occurred within the marsh area and the City has continued to consider it to be a resource. There exists, however, various types of development adjacent to the area. Directly to the east of Fanno Creek and the marsh area, there are single family and duplex residential units. To the southwest of the marsh area lies Fowler Junior High School. Two or three activity fields separate the school from the marsh area. 5 - 4 4 { z As a fish and wildlife habitat area, it could be retained as an education tool for the community, and school system, especially due to its close proximity to Fowler Junior High School. 1 The Tigard Comprehensive Plan designates this area as Medium Density g: Residential (6-12 units per acre) although it is almost all within the 100-year floodplain. Policies 3.2.2 and 3.2.3 prohibit residential development within the floodplain area which facilitate the preservation of this marsh site. Density transfer from the site will be allowed up to 25% of the unbuildable area (marsh and s, floodplain). . The staff recommendation for this resource site is the marsh area and r floodplain area adjacent to the marsh be preserved in their natural state, including topography and vegetation; excluding a pedestrian/bikepath through or adjacent to the area. Any marsh or floodplain development would be required to be reviewed in accordance with the standards of the Sensitive Lands chapter. F. Tualatin River Floodplain West of Cook Park ti This area of the Tualatin River Floodplain has been determined to be a significant resource as a water area and as open space/recreation area (addition to Cook Park). The size of this resource site is i approximately 33.4 acres. This wooded and grassy area connects the E floodplain area with Cook Park as an extended greenway. Segments of °- the pedestrian/bike path have been constructed to the west of this Er area. The path would be continued through the area as adjacent development occurs, connecting to Cook Park. 4 3 The Tigard Comprehensive Plan designates this area as Low (1-5 units . per acre) and Medium (6-12 units per acre) Density Residential. Since residential development of any type is not permitted within the floodplain (policies 3.2.2 and 3.2.3), this area can be exempted from w conflicting development. i The staff recommendation for this resource site is that the floodplain area should be preserved with limited conflicting uses within the area. These conflicting uses would include park and pedestrian/bike pathway r: related uses. The Sensitive Lands section of the Community Development Code establishes the standards by which any park related development within the floodplain would be reviewed. G. Fanno Creek Park/Main Street e This area within Tigard's Central Business District along Fanno Creek has been determined to be a significant resource as a water area and needed open space for recreation purposes. This extends from Main Street on the north to Hall Blvd. on the south and includes approximately 32.5 acres. This area is needed for open space for two reasons: 1) It will provided for a variety of needed park uses in an area of Tigard where park uses are not readily available, and 2) It establishes an open space buffer between residential and commercial uses. - 6 - The park and open space will be developed in two distinct phases. The active park area is between Ash Avenue right-of-way and Hall Blvd. The remaining park area will be developed as passive open space in conjunction with the Main Street development project. Both of these park plans and developments have been adopted by the City Council. The Comprehensive Pian for the City designates these areas as Central Business District; which includes park uses as an allowed use. Limiting the area only to its natural condition would retard the economic viability of the downtown core. In addition, prohibiting conflicting uses could also limit the City's ability to alleviate existing and potential increased flooding problems due to the circuitous route of Fanno Creek. The staff recommendation for this resource site is to allow for conflicting uses, park and commercial development in accordance with the adopted City Council plans. H. Fanno Creek North of North Dakota The Fanno Creek floodplain north of North Dakota was determined to be a significant wetland and water area and open space/recreation resource. The resource includes the 100-year floodplain area directly north of North Dakota north to approximately the Black Diamond subdivision area, approximately 36.3 acres in area. This marshy area serves as a buffer between the residential areas on the west and the industrial areas east of Fanno Creek. According to a number of residents that live adjacent to this area, it also supports a wide variety of wildlife habitats, The Tigard Comprehensive Plan designates the area to the west of Fanno Creek as Minimum Density Residential (6-12 units per unit) while the area east of the area east of the creek is designated as Light Industrial. Due to the requirements of policies 3.2.2 and 3.2.3, no residential development can occur within the 100-year floodplain area. Industrial development may occur within the floodplain if the requirements of the Sensitive Lands chapter of the Tigard Community Development Code are met. These standards are clear and concise and require that the functioning capacity of the floodplain be retained and no up or down stream adverse impacts occur as a .result of the development. In additional, vegetation must be installed to restore the floodplain/greenway characters of the resource as well as visual screening for the residences or the west side of the creek. It is the City's contention that due to the irregular shaped industrial land in this area it may be necessary to partially develop portions or the floodplain in order to adequately accommodate industrial development. In addition, the railroad already traverses the industrial area which also decreases the desire for the City to preserve the entire east side of the creek. 7 - The staff recommendation for this Goal #5 resource area is to: 1) limit conflicting uses on the industrial side of the creek, 2) provide any pedestrian/bike pathway that may be required with this section of the floodplain/greenway area, 3)perform any necessary channel work for Fanno Creek to alleviate existing and potential increased flooding along Fanno Creek. Residential development along the west side of the floodplain would be prohibited. Twenty-five percent of the density on the unbuildable land may be transferred to the buildable portion of the land for development purposes. I. Fanno Creek Hall/Bonita - Bonita/Durham The Fanno Creek floodplain south of Hall Blvd. and north of Bonita Road was considered to be a significant water area and open space/recreation resource. The resource includes the land within the 100-year floodplain, approximately 50 acres in area. The majority of the floodplain area south of Hall Blvd. to about the Bonita Firs development is heavily wooded and provides an excellent buffer for the residential areas along the wesZ: and south sides of the creek. Light Industrial designated areas border the creek on the north and east sides. Besides serving as a buffer, the wooded areas also support a wide variety of small birds and animals. Residential development within the 100-year floodplain is prohibited in accordance with policies 3.2.2 and 3.2.3 of Tigard's adopted Comprehensive Plan. Although if additional residential development does occur adjacent to the floodplain/greenway area, a pedestrian/bike pathway would be required to the development, in accordance with the standards set forth in the Sensitive Lands chapter of the Community Development Code. The areas adjacent, and in some cases within, the 100-year floodplain area have been determined to be needed and desired industrial development sites, which are vital to maintain Tigard's strong commercial and industrial economic base. These sites are abutting railroad tracks and have easy access to collector and arterial classified streets. The need to develop these sites may, in some instances, require a portion of the floodplain area to be altered in order to adequately accommodate the developments. Any such proposals would be reviewed in accordance with the standards set forth in the Sensitive Lands section of the Community Development Code, to ensure that there would not be any adverse impacts as a result of any such development. The staff recommendation for this resource area is to limit conflicting uses on all areas within the floodplain that are designated for residential uses. The limitation would include any pedestrian/bike pathway that may be required of development, plus any necessary channel work along Fanno Creek to alleviate existing and potential increased flooding along Fanno Creek. Actual residential development within the floodplain area is prohibited in accordance with policies 3.2.2 and 3.2.3. Twenty-five percent of the density on the unbuildable portion of the land may be transferred to the buildable portions of the land for development purposes; provided all of the applicable Code requirements are met. 8 - On areas designated for industrial uses within the floodplain, conflicting uses will be allowed fully in accordance with policies 3.2.2 and 3.2.3 and the standards set forth in the Sensitive Lands chapter of the Community e Development Code. J. Ravine 108/113 Tualatin Floodplain This resource area is actually part of the Tualatin Floodplain area, yet has a setting much unlike the normal floodplain area. It has, s therefore, been considered to be a significant open space, water shed and wetland area; and it includes all of the land designated as floodplain, approximately 35 acres. This low lying area is primarily g covered with deciduous trees and underbrush with a few marshy areas. It provides a habitat for a variety of small animals and birds while providing a unique open space resource. In some of the areas, the property owners have maintained the area as lawn. This natural area also functions as a drainageway primarily during the months of higher water concentration. Many of the slopes going into the area exceed 15%, and adjacent to the mobile home park the reinforced slopes are a minimum of 25 percent. The actual floodplain area is less area than the entire resource area. The Tigard Comprehensive Plan indicates that the areas surrounding this resource will be developed for Low Density Residential uses (1-5 units per acre), except for the mobile home park which is already �- developed at a Medium Density Residential use (6-12 units per acre). These uses may conflict in some ways with the preservation of this resource. If the entire resource is preserved, there may be a loss of buildable lands, fewer dwelling units, and additional development costs. On the other hand, land and amenity values might be enhanced, dwellings buffered from other dwellings, and local open space generated. If the conflicting use is allowed unaltered, there may be a loss of wildlife habitat, lower water quality, and additional costs of modifying the area. The staff recommendation for this Goal #5 is that the floodplain and the entire ravine area below the 150 foot elevation mark be preserved in their natural condition, including topography and vegetation. Density transfer from the site will be allowed up to 25% of the density allowed within the resource area. Parcels containing any of the resource site will be required to develop under an approved Sensitive Lands permit and the standards set forth in the Community Development Code. K. Durham Elementary School t The Durham Elementary School was determined to be a significant historic structure. The school site size includes 5.59 acres. Now part of the Tigard School District 23J, the Durham School was erected in 1920. In 1951, an addition was added to the facility which now houses classes to the sixth grade. In addition, this school house is the only remaining institutional land mark in the southeastern portion of Tigard. Efforts are continuing to place the structure on the National Historic Register. k z F 9 - a The Comprehensive Plan Map indicates the site as Public/Institution. The designation would restrict conflicting uses on the site to public or institution, therefore, no other residential, commercial or industrial uses would be permitted on the site. The Community Development Code includes a Historic Overlay District (HD) which is placed on he school site property. This overlay district requires any development proposal to be reviewed in a public hearing. The standards within the Historic Overlay District chapter requires that all changes with the district be compatible with the historic structure. The staff recommendation for this resource is to preserve the structure as historic and facilitate, if possible, placing the structure on the National Historic Register. A Historic Overlay District designation should be placed over the zoning. L. John F. Tigard House The John F. Tigard House, located on the southwest corner of S.W. 103rd and S.W. Canterbury, was included on the National Register of Historic Structures on July 20, 1979, and, therefore, has been included as a historic resource for the City of Tigard. This structure has been Tigard's historic focal point, and is a good example of early frame construction. In 1979, it was moved from its original location on Pacific Highway to its present location on the southwest corner of S.W. Canterbury and S.W. 103rd. It is currently being restored. The exterior restoration is almost complete, however, there is still substantial work needed on the interior of the structure. The property on which the structure is located is owned by the Tigard Water District. The Comprehensive Plan Map indicates the site is Low Density Residential (1-5 units per acre) with an underlying zoning of R-10 (Single Family Residential). These designations are not in conflict with the historic resource since it is a residential use. The 10,000 square foot minimum lot size appears adequate to situate the structure and accessories in a similar setting as originally built. A Historic Overlay District (HD) designation will be placed upon land area on which the structure and accessories stand. This designation will ensure that any development upon the land area will be compatible with the character of the historic structure. The staff recommendation for this resource is to preserve structure and accessories, and a Historic Overlay District designation should be placed over the land area. M. Summer Creek/Woodward School Fir Grove This heavily treed area has been determined to be a significant Goal #5 resource as a natural area and an outstanding scenic site. The approximately 2.5 acre site is bordered by the Summer Creek floodplain/greenway on the north and east, the Mary Woodward 10 - Elementary School on the south and vacant land/residential land on the west. (The westerly land is designated for Low en ity Residential (1-5) units per acre) and is zoned R-4.5 (PD) , p of the Summerlake development. ) The resource area is largely covered with mature Douglas Fir with various underbrush especially along its edges. It is one of a few undisturbed fir stands in the northwest portion of Tigard, and is seen as a visual amenity by the various neighborhoods in northwest Tigard. Although the wildlife habitats within the area are not significant (small birds and animals), the area does lend itself as a possible educational tool for school children as well as the surrounding residents. The combination of upland and riparian vegetation presents a diversity of native environments. In addition, this particular site is landlocked and has never been included in any of the adjacent development plans. Once the lower Dhase of Summerlake has been platted and development initiated, it would be difficult to incorporate this piece into any development. Given all of the above analysis, it is more apparent that this area should be kept in its natural state. The Comprehensive Plan designates this resource site as Low Density Residential (1-5 units per acre). If the resource is preserved, there would be a loss of development potential, however if the conflicting use R-4.5 (Single Family Residential) is allowed, there would be a loss of a significant visual, natural and educational resource within the northwest area of Tigard. The staff recommendation on this Goal #5 resource is to limit conflicting uses within the resource site to trail and related educational uses. Otherwise, the resource site should be preserved in its natural condition. N. Windmill/121st and Katherine The windmill structure has been determined to be significant as a historic resource. The windmill is situated on the southwest corner of 121st and Katherine on land dedicated to the City for park purposes; approximately .14 acres. The windmill was constructed around 1901 and currently is being restored. The windmill is one of three known windmills in the Tigard planning area, and is a definite structural link to Tigard's historic character. The Comprehensive Plan designates the resource site open space which does not conflict with the presentation or renovation of the resource. In addition, the R-4.5 zoning designation will include a Historic Overlay District designation (HD) which requires that any modifications to the structure or grounds would be required to meet certain standards of compatibility. The staff recommendation for this historic resource is to renovate and preserve the windmill structure and allow for other passive related park uses on the site. - 11 - O. Joy Theatre The Joy Theatre has been determined to be a significant historical resource. Built in 1939, it is the only indoor theatre in Tigard with a classical marquee. Although, the lobby of the theatre was remodeled after 1939, the remaining portions of the structure are original and the theatre has never been used for anything other than a theatre use. The Tigard Comprehensive Plan designates the resource site for Commercial-General with the same underlying zoning; which allows theatres outright. Therefore, there would not be any conflicting uses due to land use designations. In addition, adjacent uses include commercial and office uses which complement the theatre. Other information about this potential resource is sketchy to say the least. More time will be needed to gather qualitative information. The staff recommendation for this Goal #5 historic resource is to delay the Goal #5 process until further information can be gathered on the quality of the resource. The perceived quality of the resource, however, is such, primarily du*-- to its marquee and traditional theatre architecture, that staff believes it is necessary to include it within the resource inventory. In the next fiscal year the City will be collecting data for a master City park plan. At that time, it will be necessary to point out all City points of interest as well as recreation areas. The Joy Theatre will be included in the inventory. P. Upshaw House/Seven Gables The Upshaw House has been determined to be a significant historic resource due to the age and architecture of the structure. At this time, the City's knowledge on this unique residence is limited. The residence was erected around 1909, and has never been moved. The site now is approximately 1.1 acres although it appears to have once been at least 13-15 acres. Remnants of the apple orchard still remain. The residence has a classic farm house type architecture with numerous dormers, and remains in good condition. There are very few pre-1930 structures remaining in Tigard, and this particular structure is one of the finest. The Comprehensive Plan designates the area for Low Density Residential with an underlying zone designation of R-10 (Single Family Residential). Therefore, there is not a conflict between the existing use and the land use designation. To ensure that development on the resource site is compatible with the structure, a Historic Overlay District (HD) will be placed on the site. The staff recommendation for this resource is to include the structure on the City's resource inventory and delay the Goal #5 process until further data can be obtained. During the next fiscal year, the City will be { proceeding with the development a a master City parks plan which will also point out citywide points of interest as well as park needs and 12 - assessment. It is the intent of the City to preserve the character of the structure through the standards set forth in the Tigard Community Development Code. Q. Tigard Grange The Tigard Grange building located on Pacific Highway has been determined to be a significant historic resource. Although the City does not know the specific date, it has been stated by the Washington County Historical Society that the grange building is one of the oldest such granges in the west. It is currently being used as a church. The remaining information on the structure is somewhat sketchy. It is a one-story wood-frame structure with a stucco front and wood horizontal siding on the remaining sides. The building is currently in good repair. The Comprehensive Plan designation for this resource site is Commercial-General with an underlying zoning designation of C-G (General Commercial). There does not seem to be a conflict concerning land use. Church uses are not permitted in a C-G zoning district, therefore, it is considered nonconforming. Its use or other subsequent commercial use, however, may be appropriate, provided that the architectural character of the structure remains. The staff recommendation for this resource is to include the structure on the City's resource inventory and delay the Goal #5 process until further data can be obtained regarding the structure. During the next fiscal year, the City will be proceeding with the development of a master City parks plan, which will also discuss citywide points of interest as well as park needs and assessments. It is also the intent of the City to preserve the architectural character of the structure through the review of the standards set forth in the Tigard Community Development Code. R. Kallstrom Fir Grove It has been determined by the City that the Kallstrom Fir Grove is a significant Visual and Natural resource. Located on the east property line of the Kallstrom property, the trees represent the only major stand of Douglas Firs on the south side of the Little Bull Mountain area. Planted by the originate owners of the property, the unique row of trees represent a visual landmark for the residents in the area. There is a small plaque alc.ng SW 100th denoting the fir grove. The Comprehensive Plan indicates a Low Density Residential (1-5 units per acre) designation for the area with an underlying zoning district designation of R-10 (Single Family Residential). There are no land use conflicts between the use and the tree grove other than the fact that the grove could possibly be destroyed due to subsequent development. The staff recommendation for this resource is to preserve the visual and natural resource. The City recommends that a special NPO #6 policy be written to call special attention to preservation of these trees regardless of the type of subsequent development that may occur on the site. The policy may read: 13 - bq t 3 i THE CITY SHALL PRESERVE THE KALLSTROM FIR GROVE ON N.W. 100TH r AVENUE. a. ANY DEVELOPMENT ON OR ADJACENT TO THE SITE ON WHICH THE TREES ARE k LOCATED SHALL INCORPORATE THE FIR GROVE INTO THE DEVELOPMENT PLANS. b. A DENSITY TRANSFER SHALL BE PERMITTED IN LIEU OF DESTROYING THE t TREES. F 1 S. Tigard Street Farmhouse and Windmill The farmhouse and windmill on the northside of S.W. Tigard Street just west of Fanno Creek has been determined to be a significant historic resource. Once again, the City has very little information on these structures. Based on the architecture, it appears as though the farmhouse and windmill could pre-date 1920. Both of the structures are in good repair. In addition, it is the City's understanding that there is a tree which is rare to this area, that was brought from the eastern United States by the original property owner. The Comprehensive Plan designation for the resource is Medium Density Residential (6-12 units per acre) with an underlying zoning of R-12 (Multiple Family). The land use designation could be a potential problem related to land values and the feasibility of keeping the single family farmhouse and windmill structures amongst higher density development. In 1982, the owner of the site partitioned off the farmhouse and windmill from the remaining 10 acres: thus somewhat deterring extensive development on the resource. In addition, it is possible to integrate the farmhouse and windmill architecture into any development proposal. This would be accomplished via the Planning Development (PD) process. The staff recommendation for this resource is to include the structures on the City's resource inventory and delay the Goal #5 process until further data can be obtained regarding the background and significance of the structures. During the next fiscal year, the City will be proceeding with the development of a master City parks plan which will also discuss citywide points of interest as well as park needs and assessments. It is also the intention of the City to preserve the architectural character of the farmhouse and uniqueness of the windmill through the review of the standards set forth in the Tigard Community Development Code under the Historic Overlay chapter. T. Tigard Feed and Seed This structure has been determined to be a significant cultural and "historic" resource and should be included on the City's resource inventory. Like so many of the older structures in the community, the City has very little information about this structure. From what information the City does have, it appears that the structure was built in the 1940's or earlier and has never been moved. Apparently a portion of the structure was removed when the viaduct for Pacific 14 - Highway was built The structure is wood frame and is a classic example of once rural, small town americana. Situated in the center of Tigard's downtown, it is a focal point to the downtown area. The Comprehensive Plan designates the site as Central Business District (CBD) with the same underlying zoning district. In addition, this site fails within the Tigard Urban Revitalization Area which is currently of the subject of a revitalization effort. The staff recommendation for this resource is to include the structure on the City's resource inventory and delay the Goal #5 process until further data can be obtained regarding the background and significance of the structure. During the next fiscal year, the City will be proceeding with the development of a master City parks plan which will also discuss citywide points of interest as well as park needs and assessments. It is also the intent of the Ci_v to preserve the architectural character of the structure regardless of tiie use; through the review of the standards set forth in he Historic Overlay chapter of the Tigard Community Development Code. (JC:pm/0106P) L 15 — r CITY OF TIGARD, OP ,GON � COUNCIL AGENDA ITEM SUMMARY 6 E •� F AGENDA OF: October 10, 1983 AGENDA ITEM DATE SUBMITTED: October 5, 1983 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Community Development Code REQUESTED BY: William A. Monahan DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY A revised copy of the code has been prepared incorporating the approved revisions generated from numerous public hearings on the code. The revised document is coded to indicate: . A. Approved changes - primarily from the Planning Commission errata sheet and staff cleanup of typos, grammar, etc. B. The errata sheet based on the City Attorney office comments C. A ne=e - -_-_ta sheet perepared by Liz (copy attached) E. Revised subdivision and land partition section to comply with ORS E, Items yet to be resolved Please bring the errata sheets provided to you at prior meetings. These will be helpful to you in reviewing the changes. ALTERNATIVES CONSIDERED Council may approve, amend, or disapprove individual sections or portions thereof. SUGGESTED ACTION Staff suggests that Council look closely at the items highlighted by the above coding. Particular attention should be paid to those pages with A letter 'E' at the top of the page. Staff suggests that Council approve the document. t r 'r N E s: TO: Members of the City Council FROM: William A. Monahan, Director of Planning and Development DATE: October 3, 1983 RE: Community Development Code a A revised version of the Development Code has been prepared for your review. The revised versions incorporate the changes which the Council has approved at earlier public hearings as well as items yet to be acted upon. I I you will be able to differentiate between those have coded the changes so that F already approved and those requiring further action. Please review the code and take note of the remaining items for �. to d:_scuss the remaining issues identified discussion. Staff will be prepared in the attached list. Once the Council finalizes its deliberations on the code, staff recommends that it be given an opportunity to review the code and prepare the following r clean up items: 1. Check all chapters and sections number throughout the code for accessory. 2. Renumber all pages, providing the applicable code numbers at the top of the each page. r 3. Preparation of a complete index. 4. Check all time lines for application approvals for conformance with H B 2295. We will bring the final version back to you on November 7, 1983, along with cleanup changes from the Comprehensive Plan. Our goal is to make all necessary changes to reconcile the code to the plan at the November 7 meeting. At that time we will also present to you some proposed clean up items presented to the CCI and the Planning Commission which represent corrections or ommissions to the plan document and maps. t WM:dmj(0188P) Y N .}1 V m o � W , N ;:a N 09 � w N m bo t t+ � p tot9-4 t S aCdbo O R7 i p C v ^y cd H m � R7 R] O v� 41 =1 -4 N cs J-- 0 t+ Cd w .y ,� mm 3 a r4 v N .0 emA C x m m ou co, 0 --4 d. m w .w a� ..+ •t3 0 w d U =5p p N C m t0 m 0 V p� C' m p a7 R+ � m 'd O w N ..+ V r 1 t0 R+ 6] -4 ..i O 9 mo w O t+ m m H m m m m m � m V O C m � m N U Vco L+ a ad V � C m —1 r4 w Oco m m :w r4 w 41 W -P •o � o m o° m ..++ e Cd rEaom be C m W � a> 3 y oE � v1CSr7 C + N N 0 t = �ft O -. m N .14 a, cd miC: .0 L Wco d d .0 .+ O `+ U U U U U �.4 rl 0 4 E rr4 Cu m cd m Cs m � m 0 0 tj u w w E-4 � H H N H m ra C7 C9 0 0 C) Q Q Q Q Q Q Q Q QQ Q N 4'1 SO O r� Q Q m cn CW) Ln Q Q Q 40 0 � O Q• Q 7 3 %000 Q N CV Ln � Ln W a0 �T S in W-; Ln 00 Gp pp CO A r4 r4 r� rt r+ T" r4 r4 M Ln H N N N N N ! t rte-+ 4 14 14 14 '-+ r+ r"� f 1 • I H b w C 41 FA U 0) r+ O d •� 13 .0 C ri a) d Od0� -.O• .Vw .�+ w M V 0) d to -&) .0 w N O •O 0) GL •i dC� a) > d d C w E to a a .0 d C O 0) i) 1 O to I w d .0 m r+ v 60 O a4 v r+ ••� Q) C C C C ••• G w -4 V ri w 60 a O +1 O - d -.4 d C > -4 d d C o.-4 d w ..+ C O V .4 ed a ri J-- r-4 ri -4 ++ .0 O w 00 00 C •..+ 0. a a) .0 w O C w V .0 ... ..+ C »+ a w a V -.. O ••b w > to -w .F) 41 4.) 0. a.) to O a — &) O m M C w C ao•0 C N -.+ -r7 d) i) C a 10 a O 0) d C C a C) 010 w V d Cs- d V a E -•+ d O E - d w 0 4.) 92. 00 Q. CL a w 6) m r+ a m a oo G w in o m w a ao d o m a C - 4 4j O V ra w a) C d C +� 41b - v -.4 b m a m w a) a O w Ll a) d w O b rd a 0) o > -•• >1..4 w m w .--1 a) 4.1 7 .4 a V w a) b O w a) y) ► 0.10 C ri r♦ A +) C C b r-I -•+ a C V F3 cc 1-1 V .0 w 0) m a) 0. > -.. a) O - C d O 40 C V 00 4) «, w -4 O d +1 d t. C C C . > C +) w > +) C 0. -.a d 0 d 6) C O 1d C O m "4 0) w 0. i V — O W a a) >1 eo N O C) d ® C) V a d E - d -&3 ... 4 V N .0 -0 w 0. d r-i b -4 a C m d w -4 V •.+ C C 0) > O 6) ••+ 4 O 00 4.) a t7 .-i -.a > O O r-! r-I O t+ V > -.• O C O• 0 y 3 a .0 .0 d -.4 a. 0 d a -4 = a) E -0 . ) a O. V V 0 a E O C 0. w 4.1 a d d .A -4 V 4..1 -r+ V C) C a E 4) c a a a w 41 o a = = a V .F) 0 .a) w o a 0 a C V Cu d V a 0 E = >1 .0 C) 0) C C -r. -r. d .0 a) C .9-- 4) X-1 G g to 3 a a m -.4 w to (c a s 3 a 3t E Q) r.: O H r♦ W j O aD � •O A 00 r� CL 00 00 ' ra O {{ 00 E { s v w i A p. Issues To Be Resolved By City council I. Flexible setbacks in Commercial Districts? 18.60, 18.62, 18.64, 18.66 Industrial Districts? 18.68, 18.70, 18.72 Multi-Family Districts? 18.52, 18.54, 18.56, 18.58 2. Accessory structure height limit. 18.139 3. Sattelite dishes on roofs. 18.139 4. Restriction that any accessory structure over 3 ft. in height not be allowed within 3 ft. of buildings. 18.139 5. Industrial Uses in the CBD district. 18.66 6. "Wholesale, storage and distribution 1. Mini-Warehouse 2. Light" are listed as a Conditional Use in the CBD. 18.66. 7. On October 4, 1983, during consideration of ommissions and changes to the Plan, the Planning Commission -voted to recommend to Council elimination of residential uses as a mixed use in conjunction with commercial uses in the CG:. CN and CP districts. In addition, the Planning Commission voted to recommend to City Council that the density for multi family residential development in the CBD be set at R 20. 18.60, 13.62, 18.64 8. Decisions by the Director are subject to written and oral agreement. 18.40 9. Caliper of street trees required should be specified in Section 18.106.030 or 18.106.032. 10. Deadline on placement of final asphalt lift. 18.56 11. Setbacks for multi family uses located in the CBD. 18.66 12. On October 4, 1983, the Planning Commission voted to amend the code as follows: Pg. III-43 18.66.030 C. Residential Use Types - add statement "All lands bounded by Fanno Creek, Hall Blvd. , Omara, Ash Ave. and Hill Street within the CBD shall be designatged R-12 PD and shall be developed as I planned developments in conformance with the R-12 district standards. 13. Business Tax included as requirement in Site Development Review. i i r f (0188P) s c r oa 60 Oa 0. m Wdd I a1 ( U �d C we N C b ,Ej O b H ? r1 C r♦ c' N CCd cd C, ra Cd ..f o Cl) cn r! 0 'a 1 Oa 41 .0 O cd •$m ae a4 u -u ao- •+ a U +� U 4) U 4) .0 U 4) a. .va y 95 o K as C d K 4 a1 C K 4 ca C K 4 cd C 41 >44? 4) 4) 41 41 Q) 41 N 41 U loc Q)J- FA cagj B 41 b ca 41 N -0 df O. 4� 3 s� ... d d 3 .0 ..+ a, m a �» b m —4 4 (n d C a N C C a N C C a N C 41 C C 'S7 C C a N 41 U Gd ^�,,, N cd a4 N '�. N �cd 4 N `�. N W 4 N N •� C N 4 A r-1 C a7 4 39 .G W i e4 A W fh oU w ci a C K .+ —4 � � cd 39 ' d cd 4) E v o di 4) 4) 0 -4 � a! C -•� LA ca C 4) al C K 4) a! C d ca N C cd O On N 3 G •' . CU N 4) O K 4) 4 N d O C N N b 4) O C N b 4 r- .+ p 4) 41 .+ 4 r-a 4 .+ 43 - 4 41 4) 41 4? 05m alw d o O N O a o p a m o o n m o opmo i� ad r1 at 4 3 N W r1 cd 0C N to as 4 N a! 4 N H U H H � O O U a CO) O Z H 0G O a H A � p; w C d a! O 4) W C3 (g r+ 4 H 3a bid H H 03 O O N N a r4 H W H H 41 C7 9. N H H � co D H 2c 3 O O O O O AE c0H r4 ra W H O H C O N N d O � O.. 1 a. ca cn i. .+ U .ca +2 U aS C 4 02I 4 C C 1c -i1 N Lnm a+ O U i t s i 1 1 V w 1 ,.. 00 VA we uull Ln co co � 00 EF. a CO Cd y ZI m r1 y C1 r4 7 OV U3 °' CLU w cd C2.U w v7 -4 o 4 in 4 m m o y 4jv m a» '• l ft N p G v b4 R+ C u fC L+ p C U C m m of m •-� m m cd m .., �• 3 m b •u x v a c+ i ..� y m 3 m ... y 3 •c y x w w G w w O O O m -. O U O O O m m � N N F a Z N N V b Z y ,Z LV N R+ C m m H W y rt •r+ V ca a�I' ;m�.+ mm � H m ad y O-'' W 14 d r4 m d y -w ca m C]+V w to cd D +j cj m a y +j f Ca m m !C G+ .0 C U K m s+ C: —b �CeS0 L .a G U m m cd m • m 'y - °� aG' m m m m 4 aLi � `A -0 i tr 1 c+ C: P933 -y C 3 w w O o o m ., 0 0 0 ..y o H C�j7 0 0 0 m ••+ N N tm+ O g; N N bj b Z CM U D W N GH v) Z CV N L+ b O U y F' `dbom V Q ao m V eo m V G „� m w —4 .0 m ••"� U .N r 4 Co .0 •.+ k O C7 U y r+ W p N c m cd tj p w m m m c0 y W Z Uva O w (1) o cd y m y .+ r t+ w m w y R+ w m w y w p w m w S �+ F o y ... .4 O N N ; v y 4 w > v E w Z O 6.3E-4 �Ln w 7 V Os i I � C] ti uJ a �-+ m W Z O H� N CL x H 1-4 3 O Ln Z H 'r' Z H O tz1 N O N O m O Z H O C: O 1-4 Q O Z a u+ G 0 j N U r < 1-4 ItN U t+ 6D -4 1 c v ILI, awi in 9: Sao, a) A 4) 4 .r4 4) H ••+ 4) 3b I m o � v 64 1 Ln 4) 9: 41 C .0 0 4) w H •.' w c0 H e1 d 1 41 44 w b C �' 41 A ho U $ � e'.7 N W ,41 r4 b ^ -0 ISomw Cd O CI m d 41 .a c 4) G N =3 -4 r4 c o0 eo c ° w t+ O l�V .CrGa C ate-► cs N w 41) � Na 4)'o m 41 0 A .0 A Q 0 4) . b 4) O C . v •.7 A. .; N ro CO.+ 44 O � °. d r4 as O O � o O d K o a w 040 H 4 Cd a 4) cr a as U (D w v o 94 ra 1.4 ab 0 .Oi .O� t; a m w .0 N Cd u i W —4 4-) � O d cm 0 ' cd ro mo yw � N +J+ +m1 m v �as o 4t 0 � � � C+vIt9 0mpadHOCt+ ri W 01 1 O � 4) Wa O 4) = w C Cd V3 to t+ V od d N y od w > O Co 3 w O O 0 N _4 w d O N + rl > .5d w c4 4) d r'c O ^ N O •O w a i N LYi p t+ +) G .r+ N W d HLn U . •C w O r� ad d s 4 ? vi G r-4 ,C U C2. O W N N G d C O .rs > O 4) ;a 0 aC 4J H N w Q ''' o w o o as 41 4) to� 0 0 V v uo ca4.) d to 0 94 w r 1 d dcl 0 CD H 6) v .0L, r4 0 41 co I to w 0; A H 00 ad COa v .y O w b ••° O Pd '� C • a oa w � m 4) C" o oCd 0 eo C> c+ 41 G .0 C" t+ 4) to 4) i al w w -0 -1 E v 4o G o o so., c, a°., 4 � v w ca CO 4) 00 0 r4 O 4 O w U ••+rA1 A w Cw ed O V m U t7T d � Ap roA Cd A m A O CD Rof > N O .e as .rr O 41 "4 K w 3 W C m 0 00 a •U w O " � r4 0 wt -0 w r4) O 44)1 co a w 4)v o roi w � w t+ rs. a Q4 m d wb •�a .�W 0 v) 0 W 0 o 3 a a m ooc 0 0 o O o V W 4 0 i W r+ 14 w U w w U L) L) a as is -4 ra a �4 r+ .0 -4as v .0H 41A > t+ an m W 0 a: >r o] h n W U go A CO2 ca u h ]ti rlM te'1 N •7 O' O� O� C� .�1 a��,, ;\` a N N M M M M Ian jf,- Q' N M M Cn 1 I 1 l I 1 H H H H H N H H H ^ H y eGd. H H 14 H H �i Q-0 cli 1 � tho bo bo N Co F y V3 O N �a) N a O 0 C) •.+ m t+ 0 4) r--) C t+ w 4) C 0. t. C) U 4) C 4) w U d ..+ > OR O O •.+ a) x O > co Cf v U N t+ o -4 r4 a t. 0) 6 O 6 .0 ChoC 0 �q a ,4 +) d o. -4 a N 0 a a.ra N > 4) U 0 4) N CN C) N •a 4) w V C) N 41 > N a � b b 3 � as C •a > -+ -' -4 41 o C N O w o 41a. m -4 4J e0 co a ae x st -4 a c) 0 0 3 4.) a, U 0 «� o 4D U N 1 ••+ 0 a o 4) 0 O w 0 C t+ v -4 Ad H a > x •a V -n V = 0 ..• t. «. 3t t. :In U A - co C -w .0 U . .-4 as ca N @. •a .0 - Ca > 0 60 4) N m 0 •r 0+ A d n cd d N•-. c ao N 4) o > t+ N N 3 0 •a a) V 0 � co .•• u •a U 4) o t+ d x m 4) H a) o .0 0 > o C C o a U d as w .r. 4) 0 0] C. 4) r-d N ... .r.c C .-r to Co N >. N t. H C1 rc .0 -a to,,3 ) 0 a) 41 0 O 4) a) «b .+.) 4j � 60 x - U 0. 0 m a U (1) r4 cd as V 4) (D > 0 0 4) Co H o :we a 4) a 4) 4) C a •a .-4 C ta t. eo 4) 4) 41 94 c" ca o 6 N o > w o 4 0 60 o Co a 0 & 6 0 w o •a U a•.. H .4 w a ca i1 4) . C a) N ..+ a. 4) m w 0 0 41 C) N N c. E w 0 C O a ... .-d r-4 N N ... 3 0 0 ..+ C •.+ w w d .-+ •.+ dpi .moi Cs o co 4) 95 4) N C O a. a. 0 t. C co w (&4 W 4) a .-1 v2 .&) r4 w > N > C m r-4 O 0. U a) Co +► C) Co t. > ac O. H 4) .4 O 4) t+ CO 4) 4) r-1 t+ a 4) r4 4 d 4.) &) U d 4) to oa y a ca w V2 .0 as o. rn t+ U Cl. tti ti 02 y A LA c 1 y1 ... Ca i. :2 cd U 4j :3 toNp a0 N O t1 3S C3. y W w ca C) il- C V N CL e0 p. �j •.+ 0. C ao O .1 a O 0) 0 O d! N 4) -4 N � N d H N 41FA w N UQ.b C m �C O 4) E a N ae1 C) O C N 0 C ••• ri 1-1 0 U .Si t. ra «. C. ••• O 0. "4 aC ra U N 60 C) 4) N N E .0 Oi Ca a C > ,� C7 a O 0) U _.. -4 m 0 > cn E k' 0 r••1 4) r-a 0.b d t+ •+ d C o .• +1 a) N to o ao -W J3 .•• 4) b •.. .0 c N (v • -a C0 4) .0 1 6 A O w O a 0 i+ 4) C o .0 t. a od O o U & O r-I O 41 > •.• r4 4) N ra 41 N O 4) C) 0 N N r. C) O w 4) a w w N b a) •r• O •a o > N •a .ar O cn Ci .0 O o ra b r+ m 0 0 s al a t. 4) a) 40 C C �4 'a C C) Co N N a N N :3 Z to o 4)as a0 •Om + ai N -4 N o a l .�4 3 v w 0 0 3 v 0 c3 N S4 x o Co 4) C) V w m .14 C -1 w N >, t. 4) t+ o d 3 C cs• 4) o b m as 3 --+ m N ca a� -4 a .0 o �+ � W a R. o +) id V 4) N t. N r• a N r-4 U b a) m x a (D co C W r-a 0 O C 4) --) (1) C -4 cd (1) o N a U o (D ca .0 U 4) Ic C E 4) .•+ t. V N >, •.. U 4 a O C O wc .O •-• 60 cd 41 a) N -4 00 O T. .N N M O O cu C b U &) 3 C -4 4) 4) o C o +r 0 •a U •.+ w 4) w N 0 m t. t. .a) 3 •4 4) O N �'. -1 r-c .. r) N ... 4) -4 •7 4) H CV d 3a 41 O +) s a C) C t. -• is ••1 0) ca r 4 A O, A -c 4• trs o a ra N Qd Ca . 4) ca C .0 t+ w 0. w m Od P. .0 H •4 "4 a to ri r1 o O O 0 0) a 4) afl a O do !, m a7 d A r1 to a) W V '�". V 3C C) w a 0 r1 C N ra C O N 47 � N 3 3 O o O 47 O 6a .0 as as 60 C) b b •a O a e+ 0 ..• x 0 x d 4) o r-4 4) 02 r12 u ... r•) -4 ra -4 m ra -a c ,c ao m as t x / - C9 t. 0 > Cs > .0 .0 .0 a .G t\ :� w 0 a) r-44, O o 0 o O v, v t-+ as a ae as aQ in V m v► r� •W .cr o �3 1 1 a M H 1-4 H 'J 1 c l Ln 00 N IV .N N 0 14 04 0 0 ra L r••1 W K o. •a C o a7 H o d 0) O . ON Oca 4j N d .A 0 r-1 w 41 ..+ O ..+ b r-1 N d ra 00 N C O� 1 o 4) w r4 HG) C -4 w b O d C C3a* O O mC N 00 A 4) aN r4 C HU V V) d r♦ 00 N Od a d •�"' +1 O > 6) G »+ ..+ N d b w wa +) to U3 -4 .. W N N Ln, V m N 0). ° Cd T C &) V O C. N md42) w . y 0 .0 d t+ N LA W w L N G0vv) •d b r. +) 00 W .. ) @0;v;) ) M V co ca 0 .w. Ei i&) A W 0) O t-4 r♦ C R1 t. t' bo @t N H .rCi ccoo vNi N m o O N H U d "4 3 060 G r ai rd1 d u, 0y w 0) O b d t) +) N p d N v C d •.a .�-. 4jW N • r-1 d co O w to, -W a) a) tr+ N .o+ c) d (w 3 +) +-a w cn v w .•+ .•q d Nw ow dw r4 0) -4 d d f +1 b a. y 0 w 4 a d r4 d d t+ b +, w i .+ 00 O -4Cle t+ d m O C W r4 N O 4J 00 b —4 O 0) 0) E-4 '� r4 Z 3 d R'+ 4+ P'+ Pd U O N 6' r� +) y r-1 d 3 N �D m W tn K 1 X00 O o a•-)0 ` :o cn .4 N „a . N SA 44 0) N 4 p td+ woN OC =5 .cCn. w ) .0. CG41 +d 41 O Cd d � 41 )nggE W 04 3 bo 0 y Cd 0 ..+ O t, o cn �+ O _ d . 94 fir v1 w3 O O) ..4 41 C ate► o�d N O 6 N y t Cd - c to+ tc v .r-1 0 w x 1!c41 U d N i.1 �. N w � m N d C O d 4.) c.) '. d d y+ ..r d w ca d C t o 41 9U > e�-c G 4 +) V d O N t) Ow ..+ F N o. d a c a o m o � d o d •� i x1 °' d C) t w N C a w C cd+ m w +) a b o v e0 o N U ss +) ..a 3 G m o 4 +) C* 4Cd 41 W w t+ =I co cod = N � C w o) 43 e-1 ..0� 50 O N N C 4 d -4 U C C "4 u ..c w V N b4 0) A G Gy co p ti) . .0 11..4 a r1 .. tj Le S) to O re•a d C 0) 4a C Cr4 3 41 d r 1 A d v U a H 0'+ cn p r� W d 7E'. Ln .r1 0) t. 0) 0O0 iO N ) omaa41 N N re r+ .c o i dd H4m 0) o d o (1) 4 N U r♦ 0. . 1 4 r-=74 02 rZ R1 ] U .&) .0 U E . o w O O O ..+ O� 03 h h U ca x 02 00 0] on h - Cl cn 00 00 00 N N N cn cn cn to H H H N a H N H H H H H H H a U O :w, a0 d d v ah N a) N t. •.+ t C C -A.) m 7 > i U V x41 U ad ..N. d O C t. V) O p d 6) .O O A. .�4 � .f�O m 41 0 .0 N OO W C C) ... a ;{{t O � t.. r0 �iO OA. ca OU ! C: Cka w 19 d GLA -a b ! € $Q -4 d N G U O Ca d 60.A: " t"RC1. d N �. }-F 4) m d ad to d rl b O. 41a � t2. O d N d G 37 14 a 67 o t0. to O > ar W N v Cd � t+ _ P3 O Q) NQ rd O cd m 60N L. O rl a0 4) 4 4j w m t fV W Oi L d C 9 ..co Ca . + ..�+ d w f to O � +1 W ad b c0 7 U LA W g U rd m b U +1 G) • 4 U .0 0% 4) ••+ L. a0 t H d •.+ d •C oo a) N C ad t+ d O O. C 7 W in 3 6 C r1 to 05 H 60;:w O ad N ..+ U Ve a L. U m C A � d y LA r4 p y d 94 CO C O rt N N N O .ate-. N U N l N U 41 '4 J- ad V ti W b0 .U. p O U C -4 y U.V O tOiCd ca to ad G 4) O W o m o OO 0 m cA Cu L. oo �4 d w d WV U aa9 d O •O -4 Y1 +) W a0 w y U vCd d ! as C 6 3 v -0 e'C C tOj ►+ d' d rt uai .N4 O .U. � Cd f O O N N V V 40 41 b w b W A G to .0 r4 ej N J.) @ •O ` Ca Cd r4 0 IV r4 r4 G f it cd i t. H N .LO" .OG' d d y r01 [sr� VJ fi7 r-! N N rl r1 rt "~ ..a .. 00 U 0 r1 A C p p Lt 9 fa 0 y raj h R) ca fn () r i ----------------- COUNCIL INPUT - 8/29/83 PUBLIC HEARING Dennis Arun/AIA - Reiterated many concerns raised by JB Bishop regarding landscaping, flexible setbacks, size of parking spaces. He stated that the code takes substantial property away from development that could be put to economic use. Dan Dolan - Also opposed the CBD landscaping requirements. Bill Cox/Robert Randall Co. - He supported Mr. Brun's statements. He stated that our code promotes urban sprawl by taking away land by utilizing large setbacks. Also, recent changes in legislation emphasize LCDC's change from protecting land from commercial development to providing equal protection for commercial development. He also suggested that the word "hardship" be modified in the code because it doesn't give enough flexibility. Wes Meacham/Time Oil - Suggested that Vehicle Fuel Sales and convenance sales be allowed in light industrial zones. Council expressed its approval of this. JB Bishop - Reiterated statements previously noted in the errata sheets. He also pointed out that Page 79 of the CF Findings, Policies, Implementation Strategies document at 12.1.1 - includes a statement that the 20% landscaping requirement is discretionary, a process based on good design. This applies to medium density and high density residential only. He suggested that parking spaces be as follows: 9' for standard 1 8 1/2' for cr T over 30% of all spaces be compact Bob Bledsoe - Page 111-39 - supports 20' - 40' setback between commercial and residential V-5 change to R4.5 (WAM:lw/0155P) I !+ rel .0e hV3101 o w v c/2 U k 0 to O @ m 0 0 •O "� -4 _. to 0 0 W C sC 4 41 b VAm m �- V L� ° � a b 0 a a _ v 11 6 69 two 04 0 tmd m O t+ 1 m .r+ m ..0+ esao m 0 .0 0 m a��d O m +� •o eo m to 0o z G .a.r � m _ ,u e .d O 1 c. .a0 � fi0 e+ aoa 1 'b b .0 . r4D ! ® + a r�r+ cc mG 0y yav,s ao m o � 0 .0 :w 0 > OD"O a0 i 4 r+ b 4.) m BA rd •i.) "1 < ta ca 43 40 ca 1'= it d 6r 00 v J.1 O r I .' N 0 a r4 .b HW 0 O A, 0 v94 & r+ "' m w 94 w c 9 0 0 cd G 0 ;; 4) m d a .'G° A p 'O ago Q4v W VG m � „SA41m iA - m 44 0 6m0r-I ba 0 ee rAdo g: 3a 0 O O . 1A 0 G 1 = 0 m .0 H 6 dC m � O .4 y,z cn > G <n 0bcr) to m .0 -4 a0 v aD .ra +► as .� W414 r4 O 02— +1 iA co N •.r d 39 m —4 07 r1 C a to Q .r0a G m N m G .p as `4 •.0+ m A. p 0 CD c7 crf G U C] m Os DD Q m G O OD m W &-to r-4cd co co 0 a•'1 S ri m .ra a ++ rl 0 ca 0 a z 43 m m m rd .d .a m N Cd ..d I � 0 � 0 s 1-4 _ "i .moi G C r-4is co 4.) r -1 —4 l 03 .N to 0 v rd a 1 O O RI 07 Ll U 0 m Co p u+ in W a C> o o A N `GcNr1 CNr1 Sad N .0, O QO O m 00 %0 a Go �, rt r' r' r' C') f-4r-i v-4r 1 H H H H H H H H H H 14 H H 1-4 H H m O � w y 00 r♦ m p00 000 O r4 U pye� O rl C A N . O , C! B ! c r. r O y O � N eV O N N N U MV! M M M M r; O C+ a0 to co 00 00 .N a4 O 00 00 +1 m O r♦ r4 re r-4 r-4 U m m ci m m m O W W O to .1O4 /Z U t"r+ .bFA � m ++ A A ao ao m w ae m .tea G O C A q d .0 O L m b .4 xa m 4: m m m O 04 Q O E3 m eA O ga m m $a to «+ O wo v 041ps o� _o ® 4) r4 W w O m a m a 34 A O A m «. A U G t+ o a w m 0 o' ,1-4m e0 m o . W ..+ W O > .4 as r4. 'd r+ O N m O A O ..+ o C .0 40 O. _ V � N �4+ v A Cu -.4 . u cNrf Go 6 0 '7� m J: W1-4 'C �++ O m m r4 N 60 as tYl H H O R+ M p p 0 00 0 0 0 A A r-4 O a0 t+ r N Cb o+ .� m W m r4 N N O ra N r-1 = p O N 0a bo G .r+ mcs r.4 to 40 W U m 'd as 4). - O y x m Aj m m i lu c�i .a r4 ;' v o X- o tot 41m o O a0 o v d C U03 V 'd ..4 f 4= r4 r-4 m a0 m at t+ p d R+ 0 .. p m 0 a00 0 tr+ p c y co U A C p ... .r+ M ca a3 V M ra cl w o � A 'd ,� m m r♦ aD b m O r41;4 U� a0 r4 ri* Otot 6e t+ .r+ �.• N 2 M y W Sl t+ w O VO t+ totd U O bo V P+ .0 m w m -W G W M v v r♦ m as 0 -1p 4) ,o t+ O O O m m .v4 t+ m m m .r+ *11 rO-+ rO-4 b a0 IW y .r+ y U 0 C N N r' O •r. A U .r+ -4 -4 ...1 m 6 b U O W -0..1 U U N N C H L+ m m W C+ w O m 9 m M M ; ® A O p. O A A e4 oo O0 .r+ O W r+ N e i A rt r-4 b0 L] os O eOn 10 enM H H M � � a VJ di m -4 W ..r W rn V O N r-i A td v N cw a ..a a in a b ) a :3 0 o s w oov B s a► 'd Lam+ m �W .d as 10 4J G to 0 U Q w O _ 0. 4)y „may O ca r♦ laf+ c0 s W m O O O sa 94 m O bo O G ad— V � O yl m 04 N O N ++ V d v ca O .0 41 ..c 00 ..r .ed C: Ja V r1 to 6 A ..OCLI a 94 tw m O N m W m .0 cn en 0 O co .0 H U rl ..� m B N cn d s ca..�+� rCD -+ 0 o " C) m b Cd a w w A 1-4 r-+ ca v 0 61 �p i+ 4 .G d tE 0 H NCD Y a0 tft .�. .. F r+ 1d U a 41 � f� C 'O O C C t+l r+ C rl {la . . I . Ql 1+7 cn W cn N fh Cr/ Q r�-i 3c� co Q rte-+ H O+ o� cn cn 00 Od t�f r• N N N N N H H hi N N 4 H H H H H H •y� .m m m c► m a m 0 0 0 0 0 0 0 1 tips. 4 b's-.O+ y1..u+ y�.vi L",.vi �y yaw .Ww .0w ww .0w .0 C" .) w -6 w ..r C&d .4 w ..4 w ..4 w -4 w .14 w ul U O Vo U O U O U O U O Vo s m -b a� (D m V 4) c s m _ w - (d c K+ cin > �Aca 0 a w SO+ ) U d M G � 41 O O W .4 01 m m U O m a w 41 C to+ CD a 0 as m«4 0 O 3 .Oo v i N O m N 3 V _ N • O U O m •r+ co f 000 U 4 > Q. 1, In 00 91. q 44 !, 1-4 41 ,O-1 im+ d f N O� N co i. L O C S to u0► m C '� G Cd N m ra C •.0+ m N of b ca O OD A 00 •.0+ C r4 � C3O .4 -4 t0 m Le b m w a 0 a m 3 b m two m co �4 _ +� N r- -4 m C-4 .O d ri 41 •b r-1 n n .L1 .1.) n r♦ cn N j= L1 v v N v v rd m i► n � v v 07v m C O O O Co O O r1 u9 cf •S •O %0 N m r♦ O Co V O (p1 O O r (h7 000 O'O.1 000 ON O 000 r4 r-4 to Q r- � 00 r-+ ra 6 � -4 r4 a� ra O• N N Q ,Qct vi 00 N1-4 N H H ps. N H � a m ai m �•''� rd'sw 41w rw 41w "4w -4w .4w ..aw U O U A U O U O rA d 0 - G.tea .0 �•z� � w+ 7 46.8 dr O m > o m a b o r-I m 4) Ae.rOa m m � s. o ° •� o rl b � r4 .a r �+ W al O rd 41 I +� t°1+ aa► 3 o m r4 t 41 4) —4 m G m A. A -.4 •1 .:e w .0+ - 0 0 v v-40 0 0 .n 4 O co a 9 " Go 0 0 0 o c a c a 41 41 m r♦ N O m to t.+ � . C to A U rl 1 O A A v 0 W O «a 0 .0 w W GAj 41 4 © ` N al r♦ b O 4-1 •r0+ N .rN N V > OD co 0 � Gai Q. OUB O W N O �++ 40 V di 6L 47 ,Z 0 bo 4o U 4o w r-4 r4 S ai u S A .0 r1 S r4 e4 1 ?a ri W .F' O 4) A O N O pt] O i 't7 c0 D r4 �] r♦ r1 N N cn C7 1 I 1 I Amend 18. 132.030 D(1) to read: ` D. 1. If a single lawful use contained in a single structure involving that structure or structure and premises in combination (except for a single, accessory structure) existed as of March 16, 1983, that would not be allowed in the zoning district in which it is located, or which is nonconforming because of inadequate off-street parking, landscaping, or other deficiency, (under the terms of this ordinance or amendment thereto) the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: Amend 18.132.030 D(1) (c) by deleting the esixting and adding the following language: C. A change of use for a single use in a single structure, may occur under the following conditions: (1) The nonconforming use status was registered with the Planning Director in the manner provided by 18. 132.030 D(3) for the purpose of establishing the use classification as listed in any of the Permitted Uses subsection of this code; and (2) The new use is within the registered Permitted Use classification; or, (3) The new use conforms to the zoning ordinance provisions. Add 18. 132.030 D(2) as follows: t D. 2. If an existing single structure or a structure and premises containing a number of lawful uses (except for a single accessory structure) as of March 16, 1983, that would not be allowed ! in the zoning district in which it is located, or which is nonconforming because of inadequate off-street parking, landscaping, or other deficiency, (under the terms of this ordinance or amendment thereto) the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: a. No existing structure devoted to a use not permitted by this Code in the zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, E moved, or structurally altered except to accommodate a changing of the use of the structure to a use permitted in the zone in which it is located; b. Any nonconforming use may be extended throughout any existing parts of a building which were manifestly arranged or designed for such use as of March 16, 1983, out no such use shall be. . . JI extended to occupy any land outside such building except as limited by 18. 132.030 D (2) (e) . C. A change of use may occur as follows: (1) The nonconforming use status was registed with the Planning Director in the manner provided by 18.132.030 D(3) for the purpose of establishing the use classification as listed in any of the Permitted Use subsections of this Code; (2) The new use is within the registered use classification; (3) The new use does not cause an increase in the total number os square feet in the registered use classification; and (4) The new use conforms to the zoning ordinance provisions. d. Where a structure has vacant units at the time of the adoption of this ordinance, such vacant spaces shall be classified with the most restrictive use classification applicable to the structure. e. When the use of the structure including all uses is i discontinued or abandoned for three months the structure and premises shall not, thereafter be used except in full conformity with all regulations of the zoning district in which it is located. For purposes of this Section, a use shall be deemed to be discontinued or abandoned upon the occurrence of the first of any of the following events: (1) On the date when the structure or premises are vacated, (2) On the date a request for final reading of water and power meters is made to the applicable utility districts. Add 18. 132.030 D(3) as follows: D. 3. Nonconforming uses may be registered with the Planning Director upon proof that the use was inlawful existence as of March 16, 1983. The Planning Director shall: a. Make a nonconforming use determination as provided by Sec. 18.12; b. Maintain a file of registered nonconforming uses and i use Classification; and, C. Approve a business license request involving a change of use upon finding the provisions of D(1) or D(2) are satisfied. Add 18.132.030 D(4) as follows: D. 4. The provisions of 18.132.030 shall not be interpreted as granting an owner of a nonconforming use a vested right. The prcvisions of the section may be revised in a manner which change the rights granted by this section under this ordinance. CSI t Amend 18.132.030 D(1) to read: D. 1. If a single lawful use contained in a single structure involving that structure or structure and premises in combination (except for a single, accessory structure) existed as of MarcT-i 16, 1983, would not be allowed in the zoning district in which it is located, or which is nonconforming because of inadequate off-street parking, landscaping, or other deficiency, (under the terms of this ordinance or amendment thereto) the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: Amend 18.132.030 D(1) by deleting the existing and adding the following language: C. A change of use for a single use in a single structure, may occur under the following conditions: (1) The nonconforming use status was registered with the Planning Director in the manner provided by 18.132.030 D(3) for the purpose of establishing the use classification as listed in any of the Permitted Uses subsection of this code; and (2) The new use is within the registered Permitted Use classification; or, (3) The new use conforms to the zoning ordinance provisions. Add 18.132.030 D(2) as follows: D. 2. If a single structure or a structure and premises containing a number of lawful uses (except for a single accessory struc- ture) existed as of March 16, 1983, and said uses would notated, or be allowed in the zoning district in which they are which is nonconforming because of inadequate off-street parking, landscaping, or other deficiency, (under the terms of this ordinance or amendment thereto) the lawful uses may be con- tinued so long as they remain otherwise lawful, subject to the following provisions: a. No existing structure devoted to a use not permitted by this Code in the zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except to accommodate a changing of the use of the structure to a use permitted in the zone in which it is located; b. Any nonconforming use may be extended throughout any existing parts of a building which was manifestly arranged or designed for such use as of March 16, 1983, but no such use shall be extended to occupy any la d D(2) (e) . outside such building except as limited by 1 C. A change of use may occur as follows: (1) The nonconforming use status was registered with the Planning Director in the manner provided by 18. 132.030 D(3) for the purpose of establishing the use classification as listed in any of the Permitted Use subsections of this Code; (2) The new use in within the registered use classifications; and (3) The new use does not cause an increase in the total number of square feet in the registered use classification; or (4) The new use conforms to the zoning ordinance provisions. d. Where a structure had vacant units as of March 16, 1983, such vacant spaces shall be classified with the most restrictive use classification applicable to the structure. e. When the use of the structure, including all uses, is discontinued or abandoned for three months the structure and premises shall not, thereafter be used except in full conformity with all regulations of the zoning district in which it is located. For purposes of this Section, a use shall be deemed to be discontinued or abondoned upon the occurrence of the first of any of the following events: (1) The vacation of the structure or premises. (2) The making of a request for final reading of water and power meters to the applicable utility districts. Add 18.132.030 D(3) as follows: D. 3. Nonconforming uses may be registered with the Planning Director upon proof that the use was in lawful existance as of March 16, 1983. The Planning Director shall: a. Make a nonconforming use determination as provided by Sec. 18. 12; b. Maintain a file of registered nonconforming uses and use Classification; and, C. Approve a business license request involving a change of use upon finding the provisions of D(1) or D(2) are satisfied. 4 Fff Add 18.132.030 D(4) as follows: D. 4. The provisions of 18.132.030 shall not be interpreted as granting an owner of a nonconforming use a vested right. The provisions of the section may be revised in a manner which does not change the rights granted by this section under this ordinance, z i I i 4 6 a t i f} t(K l E E S f s F. l i t Y E t kZ k' S L } i { S t F 4 `i i F F . i_9 ' 4e+� W.M. :�. " ' irr-•''r +. Yt• �• s ',}ejj�Y'' S»yR #z. 4 ` �t�Y ^s/f�• +'F�,.'L• J a-'S Y.'t} 4 r'Y+.i,;t 1 , � 'S'ty 'j « k t `•.� . �1 11 �.5� 'bF { L �1.t if l'•E1+1� k, �.1'dt: ,3 ;e �MFI 1'`a� �'t 4 �ark ?�� 4 '--t�' ..i' k F '•. R 1 Y�l } f l t� h+ r✓k i:, `t - r - f Y ^�i t G, rt -k F x y,' i t4! ��1.l,. rk 1N f?t5 #ts4 Yi �c4 ; x.. tc i �•,dir k t f 1 r ?-n .'G lei t'`sl�.•? G`r3tyf .µCT e�f4- t t aa' s {1.,, y `fir .. 1... !♦ ♦t �J•E+rrr t n.{ {{,, - ? _ ,y. .T,:• �S t ,k .4 Y r 1 A �.I' ,� s ♦ � '�y a �i } -.4 y7 } �'r �/`1f/ t d t S: 'Eli .'. A. 'I,.ffi••. gy;}Y-.F. 7j:L •\ ]�� r f> .`� ri r��u!'� ?ra'� .';r r ':x 't. - Gy f.}4��-4�'�.�tt �"`J.•T �t_- a z. re z� �� i., ,}�: � 1 5�_ . '. Man Svc= Dt''q� � '� 'AY•"7. -.,r� 't. .y�•G� '12+"x'.R I'� '�.Y� .'ib J`rd�l� � �. `t wy. j''tP�� j fw Y r ; 4. 4 r• r - aY r x T tH . r'(+.�� .y-i..F n; �� oa � t'"b�,��.ri ? ��.-v E. -°<`' '• -a.: �'�,.:r�r E Qk- } t�,✓S .r;5 Srr'� !. sir-fir. •a ��Lbs-•�"�r,. L'4`C .F.t'r�'+ ,i -� .e Y t �, �+ -+�a-cr��"f` E� s�i`7 •5 :3 �nt3Ca yi'>,". .t _ r ' rt`.:� 'X 4 � 3 kap•+ -f-_ s .'!r' *1,) _f' + 11`- J �- .. �o,y ylt �,. t .jz: X,+7 ti' s.% �>t"F r � R . � � K� ii � r. �' tt ft' 't} �{.i['tF'�� .•��rw'`�t�,R-�r`- t;�:t�'cr s � �ia%r., aty. '.: ♦L i tti: o i }�. a• =r�n4 9.[!C'�-�t �, � - �6.y �,,. �+,dr- �� _,,may„-.7 �r.y""t �4��''.Sc:. 1' - f�h•V.>r 5 4't 8"F� r�,2..-,r ,�•fic4r�TS r� ,S' r 3, A �'. � 3+��.�4 r`��;i �.�,�tFs 3{ 4 's - s ..'k".. � <, a �� +t s � t y'"•�mr'�e i. [;s� �s t: .F � ,� (y� T L Cz _.-K *.t '' s "I 4" ,sr•! y7i� " �, �. �t��'t``3!X*�.�t�h�re�z,'ny,�ri`.�"�".` `,� - °- '�a' _ _ tr,F.1•. it�'k t. '� �, €1 � ,a A';''S J ��k�tt r�.[;� ,; �d-��3f� � �� `�4{7 Ft Y "�3 i'*i' 'G � ��{�+t� e} ;?��'•qtr±' Ta{�' ;.�1`�� r ��S l f _6. " s :oyf-3" i�� b,.-' U '131t'1' - 7 ,. q �� _ ■s - i' t..{]X^R :R.'"i�'_..; t.`Y 1 L 1� '}' l fit••• '•t 'q1 r MY '[�I,r�a .�.-s •?r� F�"�.Y '.t - �l•�"�} 'Y � ?e.��h�� _ 'i�t fJF�T'+�.- tSL' l" . dy-�•-'-.�;�„y Y'Ltn , E a �? ,Ar �.,k: '}�� fz✓k..,t? -.. � •kJ!'n �v� v--.- � ;.,ie r j .i� _ .e.. r R tY� T= .,a -.t q r '.'t-i?:-td a -'k t rt r�l T r,+�`q>��..}�t".}`• i.>w4r�cY+ly.`vs 'r s'h�� +�-��1 p J s,C. ��+� �r��r� :�a t�z t� 7� ' /" ♦ . � � _r ..1i ,: .i� r •s .-r f �SY.YL�' L^:-•.t•:,_'. �.e�. �W'T1,' _. - t� s _�.-v' ,r' r.-Sy--F r:�t. - �Y ti r .,^3 � - �� .. rj Ts 1<" � i �.�x;t ry y �;��tr��. �-'�ra:s�' '�'.," �ti- a»� .�„ r#•�' �r� R � ��:w - 9�. y .�.�,.�, , r: ' t ��r+�'tx� ��Yrt ��a.«`'s�`3��,t��,r`> '��.c . �wy :y`• �::`k �r r z�'y��e, ,..YP`Ftf .r`r ,tiit.- +,;ytP•x s r ''8-2f'-cr < TL Y z Y f. yY'f2 S f r -7 y T ,r•"'\ ti ?x} .,,'. ..�... tg�xh�7t��•c*'.� s^"-r�__y: 4?.• Y:7'�< }.. f .}... �, _„iy aL .'E�"+ r-a�-LS Y'.✓- si{1!�i�:s,!tYss°' "'hX'71}4: VSrti� Y ,r;._ _ -. . .. revise copy of the code has been prepared incorporating the approved revisions generated from numerous public hearings on the code. The revised " document is coded to indicate: A. Approved changes - primarily from the Planning Commission errata sheet } and staff cleanup of typos, grammar, etc. >{ The errata sheet based on the City At office comments C. A new errata sheet perepared by Liz (copy attached) E. Revised subdivision and land partition section to comply with ORS E. Items yet to be resolved R s provided to you at prior meetings- These will Please bring the eratta sheet be helpful to you in reviewing the changes. C �► CQ LLQ :'�rASHINGTON QoUrtiY:OREGO�t u � 6 6e0k- 7./00, k " e TIGARD COMPREHENSIVE PLAN t VOLUME THREE COMMUNITY DEVELOPMENT CODE e October 1983 CITY COUNCIL PLANNING COMMISSION Wilbur Bishop — Mayor Frank Tepedino — President John Cook Donald Moen Tom Brian Bonnie Owens Ken Scheckla Deane Leverett Ima Scott Phil Edin Chris Vanderwood John Butler Milt Fyre Cliff Speaker — Former Member Richard Helmer — Former Member Mark Christen — Former Member Roy Bonn — Former Member ` Ron Jordan — Former Member = Committee for Citizen Involvement Wilbur Bishop — Mayor Frank Tepedino — Planning Commission President Park Board Chairman f Gary Ott — NPO #1 Bruce Clark — NPO #2 Bob Bledsoe — NPO #3 Val Allen — NPO #4 Debra Naubert — NPO #5 Phillip Pasteris — NPO #6 Nancy Robbins — NPO #7 Project Staff t William A. Monahan — Director of Planning & Development Jeremy Coursolle — Associate Planner Liz Newton — Associate Planner Ed Sullivan — City Attorney Adrianne Brockman — City Attorney' s Office Susan Schneider — City Attorney' s Office i Loreen Wilson — Office Manager Patt Martin — Word Processing Diane Jelderks — Planning Secretary TABLE OF CONTENTS I. INTRODUCTORY PROVISIONS Page 18.01 Title 18.02 Purpose 18.04 Effective Date 18.06 Severability 18.08 Compliance and Scope 18. 10 Consistency with the Plan and Laws 18. 12 Interpretation 18. 14 Use of Developr..ent 18. 16 Pre—Existing Approvals 18. 18 CertiFicate of Occupancy 18.20 Official Action 18.22 Amendments to Code and Map 18.24 Enforcement 18.26 Definitions II . PROCEDURES FOR DECISION MAKING 18 .30 Legislative 18 .32 Quasi—judicial f l tt :CII. ZONING DISTRICT CLASSIFICATIONS AND REQUIREMENTS Page l i F 18 .40 Administration 18 .42 Use Classifications 18.43 Unlisted Uses: Authorization of Similar Uses Residential 18.44 R-1 (30,000 square feet) Single Family Residential 18.46 R-2 (20,000 square feet) Single Family Residential 18.48 R-3.5 (10,000 square feet) Single Family Residential 18.50 R-4.5 (7,500 square feet) Single Family Residential 18.52 R-7 (5,000 square feet detached) Single Family Residential (3,630 square feet attached) 18.54 R-12 (12 units per acre) Multiple Family Residential 18.56 R-20 (20 units per acre) Multiple Family Residential 18.58 R-40 (40 + units per acre) Multiple Family Residential Commercial i 18.60 C—N (Neighborhood Commercial) 18.62 C—G (General Commercial) 18.64 C—P (Professional/Administrative Office) 18.66 CBD (Central Business District) i Industrial 18 .68 I—P (Industrial Park) 18.70 I—L (Light Industrial) 18.72 I—H (Heavy Industrial) i i i 4 E C c IV. OVERLAY DISTRICTS Page 18.80 Planned Development 18 .82 Historic Overlay District 18 .84 Sensitive Lands 18 . 86 Established Areas 18 .88 Developing Areas V. SUPPLEMENTAL PROVISIONS 18 .90 Environmental Performance Standards 18.92 Density Computations 18.94 Manufactured/Mobile Home Regulations 18. 104 Additional Yard Setback Requirements and Exceptions 18 . 105 Building Height Limitations, Exceptions 18. 106 Landscaping and Screening 18 . 109 Visual Clearance Areas 18 . 110 Fuel Tank Installations 18 .111 Off—Street Parking and Loading Requirements 18. 112 Access and Egress i } r. Page 1g , 114 Storm Water Management (See the adopted 1981 Master Drainage Plan) 18.116 Sanitary Sewer Management (See U.S.A. Agreement) 18 . 118 Signs VI. SITE DEVELOPMENT REVIEW 18 . 120 Site Development Review VII. DEVELOPMENT AND ADMINISTRATION i I B 18 . 130 Conditional Use 18.132 Nonconforming Situations ' 18. 134 Variance 18. 136 Annexations 18. 137 Temporary Uses 18 . 138 Home Occupations !8 . 139 Accessory Uses and Structures 18 .140 Flexible Setback Standards for Developed Lots 18 . 141 Zero Lot Line Setback Standards 18 . 142 Tree Removal VIII. LAND DIVISION AND DEVELOPMENT STANDARDS 18 . 150 Land Division — Subdivision 18 . 152 Land Division — Major and Minor Partition 18 . 156 Street and Utility Improvement Standards 6 18 .01 TITLE i This ordinance shall be known as the Community Development Code of the Citv of Tigard, and shall be referred to herein as this Code. 18 .02 PURPOSE As a means of promoting the general health, safety and welfare of the public, this Code is designed to set forth the standards and procedures governing the development and use of land in Tigard and to implement the Tigard Comprehensive Plan. To these ends, it is the purpose of this Code to: A. Ensure that the development of property within the City is commensurate with the physical characteristics of the land, and in general, to promote and protect the public health, safety, convenience and welfare; B. Promote and diversify the economy of the City; C. Assure the continued provision of an adequate type and supply of land for various uses sufficient to accommodate future growth; D. Encourage the provision o affordable housing in quantities adequate to al a persons ersons some reasonable choice in the 1 selection of a place t , c l forms of energy through sound economical use of E. Conserve al t land and land uses developed on the land; s ` F. Provide for the orderly and efficient transition from rural to urban land use; l G. Afford an efficient and orderly development and arrangement of public services and facilities within the City; H. Provide for and encourage a safe, convenient and economic transportation system within the City; I, Protect the quality of air and water resources of the City; J. Protect life and property in areas subject to floods, landslides and other natural disasters and hazards; i recreational needs of residents of Tigard and K. Provide for the i visitors to the City; L Provide the means for citizens to be involved in aspects of the r planning process; M. Conserve needed open space and protect historic, cultural, natural and scenic resource(, an V C — 1 — N. Provide for the review of those uses which may have a detrimental impact on the community . 18.04 EFFECTIVE DATE A. An ordinance becomes effective immediately under an emergency clause or as otherwise provided by the Charter or ordinance. lP (3 t/ vP t 18.06 SEVERABILITY The provisions of this Code are severable. If any section, sentence, clause or phrase of this Code is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portion of this Code. 18.08 COMPLIANCE AND SCOPE A. Land and structure may be used or developed by construction, LI/ UP reconstruction, alteration, occupancy or otherwise, only as this Code or any amendment thereto permits. B. The requirements of the Code apply to the person undertaking the development or the use of the development and to the person' s successor in interest. C. Where this Code imposes greater restrictions than those imposed or required by other rules or regulations, _thp most estrictive v or that imposinca the higher standard shall govern. D. No lot area, yard, other open space, or off—street parking or loading area existing on or after the effective date of this ordinance shall be reduced below the minimum required for it by / this Code except as provided by Chapter 18. 134 and 18. 150. (/ E. No lot area, yard, or other open space or off—street parking or loading area which is required by this Code for one use shall be a required lot area, yard, or other open space of off—street parking or loading area for another use, except as provided specifically by this Code to the contrary. V 18. 10 CONSISTENCY WITH THE PLAN AND LAWS ch develo ment and and other procedure initiate under this Code shall be consistent wit the adopted Comprehensive Plan of the City of Tigard as imphemented by this / Code and with applicable state and federal laws and V regulations . All provisions of said Code shall be construed in conformity with the adopted Comprehensive Plan. 2 — 18. 12 INTERPRETATION A. The Director shall have the initial authority and responsibility to interpret all terms, provisions and requirements of this Code. A request for an interpretation shall be made in writing to the Director. The Director' s interpretation may be appealed to the Commission as provided by Section 18.32.060(C) . / B. The Director may develop guidelinesnr^`•�^L^� �^ subsection L (A))aab_ove to aid in the implementation and interpretation of the v provisions of this Code. C. The Director shall keep on file in the Department of Planning and Development a record of all interpretations. 3 18 . 14 USE OF A DEVELOPMENT A development shall be used only for a lawful use. A lawful use of a development is one that is not prohibited by law and for which the development is designed, arranged and intended or which is a continuing nonconforming use. 18. 16 PRE—EXISTING APPROVALS A. Planned developments, including the approved density, subdivisions, projects requiring Site Development Review approval or other development applications for which approvals were granted prior to the effective date of this Code may occur �. pursuant to such approvals. B. All development proposals received by the Director after the adoption of this Code shall be subject to review for conformance with the standards under this Code. 18 . 18 CERTIFICATE OF OCCUPANCY k A. In order to assure completion of the work in the manner and at the time approved, the structure or use shall not be used or v occupied for the purposes set forth in the building permit applic tinn until the City has issued a Certificate of Occupancy following completion of the work in substantial conformance to the permit. B. Prior to the final completion of all work, a certificate of occupancy may be issued for a portion of the structure conditioned upon further work being completed by a date cert--�.� f/ 18 .20 OFFICIAL ACTION A. All officials, departments and employees of the City vested with authority to issue permits or grant approvals shall adhere to and require conformance with this Code, and shall issue no permit or grant approval for any development or use which violates or fails to comply with conditions or standards imposed to carry out this Code. 3 — B. Any permit or approval issued or granted in conflict with the provisions of this Chapter, shall be void. The equities of t-he situation will be evaluated by the applicant and the Director. s 4 - 18.22 _ AMENDMENTS TO THE CODE AND MAP 18.22.010 Purpose A. The purpose of this chapter is to set forth the standard and propose governing legislative and quasi—judicial amendment's t03 a this Code and the Zoning District Map. t B. Amendments may be necessary from time to time to reflect changing community conditions, needs and desires, to correct ? mistakes or to address changes in the law. 18.22.020 Legislative Amendments to this Code and Map Legislative amendments to this Code and to the map shall be in accordance with the procedures and standards set forth in Chapter 18 .30 of this Code. 18.22.030 Quasi—Judicial Amendments and Procedures A. Quasi—judicial amendments to this Code and to the map shall be in accordance with the procedures set forth in this Code and the i following: f 1 . The Commission shall decide zone change applications which do not involve Comprehensive Plan map amendments as provided by Section 18.32.060(C) . A petition for review by the Council may be filed as provided by Section 18.32.260�� r 2. The Commission shall make a recommendation to the Council on a zone change application which also involves a concurrent application for a Comprehensive Plan map amendment. The Council shall decide the applications on the record as provided by Section 18.32.260(B) . G 18 22 040 Quasi—Judicial Amendments and Standards for Making the Decision 4 A. A recommendation or a decision to approve, approve with r conditions or to deny an application for a quasi—judicial i amendment shall be based on all of the following standards: / 410 1 . The applicable comprehensive plan policies and map designation. I 2. The statewide planning goals adopted under ORS Chapter 197. until -acknowledgment of the Tigard Comprehensive Plan and � 1 ordinances . r 3 . The applicable standards of any provision of this Code or other applicable implementing ordinance. 41,- 4 . Evidence of change in the neighborhood or community or a L� mi'stake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. - 5 - V F 5 The comprehensive plan provides that the decision shall be based on consideration of the following criteria: a. Conformance with the comprehensive plan policies and �` �`�" criteria. t."' b. The changes will not adversely effect the health, safety and welfare of the community . 18 .22.050 Conditions of Approval or quasi—judicial decision may be for A 1 at' ve Section approval or approval with conditions as provided by 18.32.180(E) . i8.22.060 Record of Amendments The Director shall maintain a record of amendments to the text and map of this Code in a format convenient- for the use of the public and in accordance with Section 18.40.020 of this Code. 6 — 18 .24 ENFORCEMENT 18.24.010 Provisions of this Code Declared to be Minimum Re uirements A. In their interpretation and application, the provisions of this Code shall be held to be minimum requirements, adopted for the protection of the public health, safety, and general. welfare. B. Where this Code imposes greater restrictions than those imposed vat") or required by other rules or regulations. v 18.24.020 Violation of Code Prohibited No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land v in violation of this development code or any amendment thereto. 18 24 025 Penalty Any person violating a provision of this Code shall, upon conviction thereof, be punished by imprisonment not to offense exceed 100 days, or by a fine not to exceed $100 per day p both. A person violating a provision of this Code is guilty of a separate offense for each day during which the violation continues. 16 24 030 Complaints Regarding Violations A. Whenever a violation of this Code occurs, or is alleged to have occurred, any person may file a signed, written complaint. B. such complaints stating fully the causes and basis thereof shall be filed with the Director or designee. The Director shall properly record such complaints, investigate and take action thereon as provided by this Code. 18.2 040 Inspection and Right of Entry A. Whenever the Director has reasonable cause to suspect a violation of any provision of this Chapter exists; or when necessary to investigate an application for or revocation of any approval under any of the procedures described in this Code, the Director or designee may enter on any site or into any structure for the purposes of investigation, provided that no premises shall be entered without first attempting to obtain the consent of the owner or person in control of the premises if other than the owner. B. If consent cannot be obtained, the Director shall secure a search warrant from the City' s Municipal Court before further shall have recourse to every other attempts to gain entry, and remedy provided by law to secure entry . i 7 — 18 .24.050 Abatement of Violations Any development e which occurs contrary to the provisions of this Code or contrary to any permit or approval issued or ,frtar granted hereunder is hereby declared to be unlawful, and may be abated by appropriate proceedings. — 8 — t 18 .26 DEFINITIONS 18.26-010 Meaning of Word General All of the tkits used in this Code have their commonly accepted, dictionary meaning unless they are specifically defined in this Code or the context in which they are used clearly indicates to the contrary . t 18.26.020 meaning of Common Words A. All words used in the present tense include the future tense. l words B. All words used in the singular lural csingular,lude the includethe plural unless a the nd 1 context used in the clearly indicates to the contrary . i C. All words used in the masculine gender include the feminine gender. D. The word "shall" is mandatory and the word "may" is permissive. E. The word "building" includes the word "structure." `s ed for" includes the phrases "arranged for," F. The phrase "us "designed for, "intended for," "maintained for," and "occupied for. l G. The words "land" and "property" are used interchangeably unless N1, � the context clearly indicates to the contrary. f 18 26 030 Meaning of Specific Words and Terms (Also see Chapter 18.42 USE CLASSIFICATIONS) F As used in this Code, the following words and phrases mean: tk Abut or Abuttin r�Ad�ja�c �in 'oinin ots. Two or more lotsgjoined by a common or point. t Access. The place, means or way by which pedestrians, bicycles, and vehicles or all shall have safe, adequate and usable ingress use. A private and egress, public or private, to a property or access is an access not in public ownership or control by means of deed, dedication or easement. i Accessory Building or Structure. A structure incidental and subordinate to the main use of property and located on the same lot as the main use; freestanding and structurally separated from the main use. Administrative Action. A quasi—judicial action, including: 1 . An action conducted pursuant to a portion of the Tigard Community Development Code in which the legal rights, t duties or privileges of specific parties are determined, and any appeal or review therefrom; — 9 — 2. A comprehensive plan map change; or 3 . Any other proceedings as provided by ordinance, rule or resolution adopted by the Council . Adult Bookstore. An establishment having as at least 50% of its merchandise, items, books, magazines, other publications, films or video tapes which are for sale, rent or viewing on the premises and which are distinguished or characterized by their emphasis on matters depicting the specified sexual activities or specified anatomical areas defined herein. Adult Motion Picture Theaters. An establishment used primarily for the presentation of motion pictures or video tapes having as a dominant theme material distinguished or characterized by an emphasis on matters depicting specified sexual activities or specified anatomical areas defined herein. Alley. A minor way which is used primarily for vehicular service access to the back or side of properties otherwise s abutting on a street. Alteration. A change, addition, or modification in construction or occupancy of a structure. When the term is used in connection with a change of occupancy, it is intended to apply to changes of occupancy from one trade or use to another. , Amendment. A change in the wording, context, or substance of this Code, or a change in the boundaries of a district upon the Development District Map. Appeal. A request that a final decision by the Director be considered by a higher authority either on the basis of a de , novo hearing or with the inclusion of evidence in addition io q that considered by the maker of the initial decision that was ✓ i' considered by the Director. t Application. For purposes of this Code, application is defined as materials submitted or to be submitted. Approval Authority . Either the Director, the Initial Hearing Body, or the Council, depending on the context in which the term is used. Basement. Any floor level below the first story in a building, except that a floor level in a building having only one Floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. Building: See Structure t Building Type. fon—residential — Buildings not designed for use as human living quarters comprised of the following types . f I. 10 — i a. Detached: A single main building, freestanding and structurally separated from other buildings . 't b. Attached: Two or more main buildings placed side by side so that some structural parts are touching one lot or development another, located on a site or f portion thereof. ti {E F E� F t ti e: 2. Residential - Buildings designed for use as human living J)Qr,) quarters comprised of the following types: z a. Single Famil Detached: One elling unit, separated w from any other f reestan ing and structurally dwelling unit or buildings, located on a lot or development site. See definitions for mobile home and dwelling unit. r 1 C t b. Single Famill Detached (Zero Lot Line) : A single detached-'dwelling unit with a 0-foot setback from one lot line. C. Duplex: Two dwelling units placed so that some structural parts are in common and are located on a I single lot or development site. E i i. t C r - 11 - d . Single Family Attached: Two dwelling units attached side by she on separaLg lots or devel_ooment sites with some structural parts in common at a common property line. e. Multiple Family Dwelling: A structure containing at least three (3) dwelling units in any vertical or horizontal arrangement, located on a single lot or development site. 3 . The following commonly used terms are not considered building types for purposes of this Code: a. Cluster: A development technique whereby building types are arranged in such a manner as to retain open space areas which are equal to or greater than the cumulative total open space areas normally required ✓ under the applicable development district, and the permitted net density of a site is maintained. b. Condominium: A form of ownership which may be applied to any property (where the owner has a deed to a volume of space), and which is governed by the provisions of ORS 94.023 to 94.072 (relating to the creation of unit ownership) . C. Townhouse: More than two attached units with first floor access (typically two story units) . d. Apartment House: A building or portion thereof designed, built, rented, leased, let, or hired out to be occupied by or is the residence of three (3) or more families living independently of one another. 12 - n Building Envelope. That portion of a lot or development site exclusive of the areas required for front, side, and rear yards and other required open spaces; and which is available for Y siting and constructing a building or buildings. Building Official_ A person charged by a municipality with responsibility for the administration and enforcement of the state building code in the municipality, or his duly authorized representative. (ORS 476 . 805(1)) • Building Height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: E 1. The elevation of the highest adjoining sidewalk or ground surface within a five—foot horizontal distance of exterior t wall of the building when such sidewalk or round surface is not more than 10 feet above lowest grade. i 2. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in Item 1 above is more than 10 feet above lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. City . The area within the territorial limits of the City of Tigard. Commercial Use. Refers to establishments or places engaged in the distribution and sale or rental of goods, and the provision of services including, but not limited to, the following: t retail and wholesale trade establishments, repair and maintenance service establishments, professional offices and services, financial institutions, hotels and motels, and uses deemed by the Director as similar to these. Commission. The Planning Commission of Tigard, Oregon. Complex . A structure or group of structures developed on one 3 lot of record . V Comprehensive Plan. The generalized, coordinated land use map and policy statement of the governing body of the City of Tigard that interrelates all functional and natural systems and activities relating to the use of land, including, but not limited to: sewer and water systems, transportation systems, educational facilities, natural resources, and air and water quality management systems . Comprehensive means all inclusive, r both in terms of the geographic area covered and functional and natural activities and systems occurring in the area covered by the Plan . Generalized means a summary of policies and proposals in broad categories and does riot necessarily indicate specific locations of any area, activity or use. A plan is coordinated _ 13 - . J { when the needs of all levels of government, semi—public and private agencies and the citizens of Tigard have been considered and accommodated as much as possible. Land includes water, both surface and subsurface, and the air. Conditional Use. A use which may be permitted by the approval authority following a public hearing, upon findings by the authority that the approval criteria have been met or will be met upon satisfaction of conditions of approval. Contiguous. Shall mean the same as abutting. Council. The City Council of Tigard, Oregon. Demolish. To raze, destroy, dismantle, deface or in any other manner cause partial or total ruin of a designated structure or resource in a Historic Overlay District. i Density. The intensity of residential land uses, usually stated as the number of housing units per acre, and defined in Chapter 18.92. r Development. A building or mining operation, making a material change in the use or appearance of a structure or land, dividing land into two or more parcels, including partitions and F subdivision as provided in ORS 92.010 to 92.285, and creating or terminating a right of access . (, Development District. An area of land within the Tigard City limits, designated for specific types of permitted developments, subject to the development requirements of that district. Development Site. A combination of lots upon which one or more buildings are constructed as elements of an approval. Director. The Director of Planning and Development for the City of Tigard, Oregon, or designee. Dwelling Unit. A single unit, excluding mobile homes, providing V/ complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation. See Mobile Home. Fact Finding Body. A body sitting for the purpose of determining the facts. The decision of the body is not discretionary . Family. An individual or two or more persons related by blood or marriage or a group of not more than 5 persons (excluding �� 2 '�0 servants) who are not related by blood or marriage. Fence, Sight-obscuringobscuring. A barrier, consisting of wood, metal, or masonry, or similar materials which obstructs vision. i E r a 14 — t a K Final Action, Final Decision, Final Order. A determination reduced in writing, signed and filed by the appropriate approval authority, and 1) With respect to the Planning Director, a decision made under Sections 18.32.060(A) and 18.32.210 of this Code, appealable to 010 a further Approval Authority, and subject to Council review. 2) With respect to the initial hearing body, a decision made under Sections 18.32.060(B) or (C) . 3) With respect to the Council, a decision made under Section 18.32.060(D), and subject to a Petition for Rehearing. Findings . A written statement of the facts determined by the Approval Authority as the basis for making its decision. Approval Authority applies for relevant approval criteria or standards to the findings in order to reach its decision. Flag Lot. A lot or parcel which includes a private accessway as part thereof. Floodplain. The flood-hazard area adjoining a stream or drainageway feature that is subject to inundation by a 100-year storm, and includes the floodway area. Floodway. The normal stream or drainage channel and that adjoining area of the natural floodplain needed to convey the waters, and including the 0-foot rise floodway area defined by the U.S. Corps of Engineers Flood Insurance Study, September 1, 1981. Floor Area. The gross horizontal area, under roof, of all floors of a building, measured from the exterior walls, 9" excluding vents, shafts, courts, and space devoted to off-street parking. Frontage. That portion of a development site which abuts a public or private street. Garage. A building or portion thereof in which a motor vehicle containing gasoline, distillate or other volatile, flammable liquid in its tank, is stored, repaired or kept. Grade (Adjacent Ground Elevation) . The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than 5 feet from the building, between the building and a line 5 feet from the building. Gross Acres. All of the land area included in the legal description of the property. I 15 - L I f Home Occupation. A lawful activity commonly carried on within a dwelling by members of the family occupying the dwelling with no employee or other persons being engaged. Such activity is llloweed, provided that the residential character of the dwelling is maintained and the activity is conducted in such a manner as not to give an outward appearance nor manifest any ta,��pv► characteristic of a business in the ordinary meaning of the term nor infringe upon the rights of neighboring residents to enjoy the peaceful occupancy of their homes. See Chapter 18. 138. Homeowners Association. An incorporated, nonprofit organization operating under recorded land agreements through which each lot owner of a planned development or other described land area is automatically subject to a charge for a proportionate share of the expenses for the organization' s activities, such as maintaining a common property . Implementing Ordinance. An ordinance adopted to carry out the s. comprehensive plan, including, but not limited to the provisions3 P of this Code. Industrial Use. Any usq of land, structure or natural resources involving the manufacturing, processing or assembly of semi-finished or finished products from raw materials, or similar treatment or packaging of previously prepared materials. Legislative.- Land use decisions initiated by the local governing body that apply to a large number of individuals or properties. ` Loading Space. An off-street space or berth on the same lot, or parcel, with a building or use, or contiguous to a group of buildings or uses, for the temporary parking of a vehicle which is loading or unloading persons, merchandise, or materials, and which space or berth abuts upon a street, alley, or other appropriate means of access and egress. Lot. A unit of land that is created by a subdivision partitigD of land. Lot Area. The total horizontal area within the lot lines of a lot. Lot, Corner. A lot situated at the intersection of 2 streets, the interior angle of such intersection does not exceed 135 degrees. Lot Coverage. The percent of a lot area covered by the vertical and horizontal projection of any structures or buildings and pa ki reas. Lot Depth. The distance from the midpoint of the front lot line r to the midpoint of the rear lot line. a s — 16 — s } i p LotInterior. A lot other than a corner lot and having frontage on only one street. i c Lot Line. The property line bounding a lot. � Lot Line Adjustment. The relocation of recorded lot lines which does not result in the creation of an additional lot. Lot Line, Front. In the case of an interior lot, a property line which abuts the street; and in the case of LLt corner lot, the shortest of the t es w except w ere the narrowest side of a lot is a minimum of 75 feet there may be a choice of frontage. Lot Line, Side. Any lot boundary not a front or rear lot line. Lot Line Rear. The record lot line or lines most distant from and generally opposite the front lot line except that in the case of an interior triangular lot or lot with more than four sides it shall mean a straight line 10 feet in length which is: 1. Parallel to the front lot line or its chord; and 2. Intersects the other lot lines at points most distant from the lot line (see figure below) . Lot of Record. Lots lawfully created by a subdivision plat of record in the plat records of Washington County. Lot Through. An interior lot of record which has both a front and rear lot line abutting a street. Lot Width. The average horizontal distance between the side lot lines. Maior Partition. A partition of land which creates 3 lots or3 kV less within one calendar year and includes the creation of a road or street. Minartilesosrwithintone calendar t year, and does not include the creation of a road or street. Mobile Home. A structure transportable in one or more sections, each built on a permanent chassis, which is designed to be used for permanent occupancy as a dwelling. 17 — T� Mobile Home Park. Any place where four or more mobile homes are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person. Mobile Home Subdivision. A subdivision designed and approved for the sale of lots for residential occupancy in mobile homes only. Negotiation. Any activity preliminary to the execution of a binding agreement for the sale of land in a subdivision or partition, including, but not limited to advertising, solicitation and promotion of the sale of such land. Net Acres. The total amount of land which can be used for development excluding the streets and land included in water courses. See Chapter 18.92. Nonconforming Use or Structure. A lawfully existing structure or use, or one in the process of being constructed at the time of the adoption of this Code, which does not conform to the setback, coverage, height, use or other similar requirements of the district in which it is located. Owner. Any person, agent, firm or corporation having a legal or equitable interest in the property. Parcel. A unit of land that is created by partitioning land. Park. An open or enclosed tract of land set apart and devoted to the purposes of pleasure, recreation, ornament, light and air for the general public. Parking Space. An area within a private or public parking area, building or structure, for the parking of one vehicle: 1. Standard: 9 feet wide by 18 feet long 2. Compact: 8 feet 6 inches wide by 15 feet long v/ 3 . Handicap 12 feet wide by 19 feet long Designated Partitioning Land. To divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year. Partitioning land does not include divisions of land resulting from lien foreclosures, divisions of land resulting from foreclosures of recorded contracts for the sale of real property and divisions of land resulting from the creation of cemetery lots; and — 18 — k d e partitioning land does not include any adjustment of a lot line by the relocation of a common boundary where an additional ( parcel is not created and where the existing parcel reduced in } size by the adjustment is not reduced below the minimum lot size established by an applicable zoning ordinance. Partitioning f land does not include the sale of a lot in a recorded r subdivision, even though the lot may have been acquired prior to the sale with other contiguous lots or property by a single z owner. Person. An individual, corporation, governmental agency, f official Advisory Committee of the Cit business trust, estate, trust,--pZrtrM`F`-sT5ip, association, two or more people having a t joint or common interest, or any other legal entity . Plat. A final map, diagram or other writing containing all the descriptions, specification and provisions concerning a subdivision. Private Street. An accessway, which is under private ownership. Public Support Facilities. Refers to services which are necessary to support uses allowed outright in the underlying r zone and involves only minor structures such as power lines and soles, phone booths, fire hydrants, as well as bus stops, benches, and mailboxes, which are necessary to support principal development. E Quasi-judicial. An action which involves the application of )4,J,gt•J adopted policy to a specific development application or amendments. Recreational Vehicles. A vacation trailer or other unit, with r : or without motor power, which is designed for human occupancy _ and to be used temporarily for recreation or emergency purposes F. and has a floor space of less than 200 square feet, excluding built—in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures and bath or toilet rooms . The unit shall be identified as a recreational vehicle by the manufacturer. i Reserve Strip. A strip of property usually one foot in width overlaying a dedicated street which is reserved to the City for control of access until such time as additional right—of—way is s accepted by the City for continuation or widening of the street. Residence. A structure designed for occupancy as living s quarters for one or more persons . Residential Use. A structure used for human habitation by one3 or more persons. s i. r C 19 - F Eg I 2 nded Right-of-Way . A strip ofr land occupied ede t ian a d ,bike paths, a street, crosswalk, p p occupied by pipeline, railroad, _road, electric transmission line, oil or gas p p r storm sewer main, street tre ther water main, sanitary o es ¢r Oland special use. The usage of the term right-of-way division purposes shall mean that every right-of-way herea *er established and shown on a plat or map is to be separate nd distinct from within the dimlots or parce ionsis �orna ing easuof sch uchlotsor and not include parcels. Road or Street. A public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress or egress to such mining or conjunction with the use of such land for forestry, agricultural purposes. F Setback. The minimum allowable horizontal distance from a given point or line of reference, which for purposes of this Code line unless otherwise stated; to the shall be the property a building or structure, fence, or nearest vertical wall of other elements as defined by this Code. s Uncovered aque Specified Anatomical Areas. or sn human yepitals, covered, post-pubertal human genitals, pubertal . pubic areas, post-pubertal human female breast below a point ered human } immediately above the top of the areola, or the cov } male genitals in a discernibly turgid state. S ecified Sexual Activities. Human genitals in a state of ; sexual stimulation or arousal, acts of masturbation, sexual intercourse, sodomy, flagellation, torture or bondage either real or simulated. e Stor . That portion of a building included between the upper surface of any floor and the upper surface of the floor next y above, excerpt that the topmost story shall be that portion of a ce of the topmost floor building included between the upper surfa and the ceiling or roof above. If the finished floor level directly above a basement or unused under-floor space is more than 6 feet above grade as defined herein for more than 50% of e grade as the tot aerein at thtany point, such basement or unused er or is more than 12 feet vund r floor dee. space shall be considered as a story . Story First. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor shall be classified as a first story, provided such floor level is not more than 4 feet below grade, as defined herein, for more than a0% def in dof ehereinl perimeter, or more than 8 feet below grade, at any point. - 20 - Structure or Building. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Subdivide Land. Means to divide an area or tract of land into four or more lots within a calendar year when such area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of such year. Subdivision. Means either an act of subdividing land or an area or a tract of land subdivided as defined in this section. Temporary Use. A use which by nature will last less than a year and does not apply to businesses seeking a temporary or interim location. Tree. Any living, standing woody plant having a trunk 6 inches or more in diameter, 4 feet above the ground level. Use. The purpose for which land or a structure is designed, arranged, or intended, or for which it is occupied or maintained. Vision Clearance Area. A triangular area located at the intersection of two streets, a street and a railroad, or a street and a driveway; defined by a line across the corners the ends of which are on the street or alley lines, an equal and specified distance from the corner. Visual Obstruction. Any fence, hedge, tree, shrub, device, wall, or structure between the elevations of 3 feet and 8 feet above the adjacent curb height or above the elevation of gutter line of street edge where there is no curb, as determined by the Public Works Director or City Engineer, and so located at a street, drive, or alley intersection as to limit the visibility of pedestrians or persons in motor vehicles on said streets, drives, or alleys. Yard. An open space unobstructed from the ground upward except as otherwise provided in this Code. 1 . Yard, Corner Side: A yard extending from the front yard to the rear lot line on the street side of a corner lot. i f 21 - r x 2. Yard, Front: A yard extending across the full width of the lot, the depth of which is the m..iimum horizontal distance F between the front lot line and a line parallel thereto at the nearest point of the main building. i i` E 3. Yard, Rear: A yard extending across the full width of the lot between the rear main building and the nearest point of the rear lot line. t t yt E 4. Yard Side: A yard between the main building and the side lot line extending from the front yard or f ront lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line to the nearest part of the main building. i i i f e r tk F F YFYEp t r r�r B p 22 — 18.30. PROCEDURES FOR DECISION-MAKING: LEGISLATIVE 18.30.010 Purpose The purpose of this Chapter is to establish procedures applicable to the Community Development Code for consideration of legislative changes to the provisions of the comprehensive E plan, implementing ordinances and maps. 18.30.020 The Application Process - t A. A request for a legislative change may be initiated by: 1. Order of the Council; e 2. Resolution of a majority of the Commission; 3. The Director; 4. A neighborhood planning organization or City of Tigard - advisory board or commission; or r7 (,p B. Any persons authorized by this Code to submit a request for approval may be represented by an agent authorized in writing to 3 make the application. C. The applicant shall be required to meet with the Director for a Pre-Application Conference. D. At the Pre-Application Conference, the Director or designee shall: 1. Cite the applicable Comprehensive Plan policies and map designation; 2. Cite the applicable substantive and procedural ordinance r provisions; s t 3. Provide technical data and assistance which will aid the applicant; 4. Identify other policies and regulations that relate to the application; and 5. Identify other opportunities or constraints that relate to the application. E. Due to possible changes in State statutes, or regional or local C policy, information given by staff to the applicant during the Pre-Application Conference is valid for not more than 6 months. E r E 1 . Another Pre-Application Conference is required if any f. variance application is submitted 6 months after the F Pre-Application Conference. 23 - PT 2. Failure of the Director to provide any of the information required by this Chapter shall not constitute a waiver of the standard, criteria or requirements of the applications. 18.30.030 Time Period f r Request Submission ) / A. The Commission shall receive proposed legislative changes twice V (2) yearly not more than 75 days and not less than 45 days before the first Commission meetings in April and October. B. The Commission shall hear the matter within 30 days after the first meeting in April or October depending on which date the item has been scheduled, unless the applicant has submitted a waiver. C. The Council shall receive the Commission' s recommendations and schedule a public hearing within 30 days of the Commission' s recommendation. V� D. The application shall be made on forms provided by the Director. E. The application shall be complete and shall: 1. Contain the information requested on the form; 2. Address the appropriate criteria in sufficient detail for review and action; and 3. Be accompanied by the required fee. F. An application shall be deemed "incomplete" unless it addresses each element required by the form and each element required by this Code and is accompanied by the required fee. G. The Director shall not accept the following applications: 1 . An incomplete application; 2. The Director shall accept all complete applications provided the applicant consents to a 30—day extension in writing and in such cases, the Director shall: a. Act upon the application in the case of a decision by the Director within 60 days of the time the completed application is submitted; or b. Place the application on the appropriate approval authority agenda within 60 days of the time the complete application is sub im tted; and C. Provide the applicant and the record with a letter . stating the reasons the application was not accepted and the reasons the 30--day extension was required. ; C — 24 — X. H. The Director has authority to waive a requirement of this Code in the manner provided by Section 18 .30.060. 18 30 040 Additional Information Required, Waive of Requirements and Report Required A. The Director may require information in addition to that required by a specific Code provision provided: 1. The provision expressly authorizes that additional information may be required; and 2. The information is needed to properly evaluate the proposed development proposal; and 3 . The need can be justified on the basis of a special or unforeseen circumstance. B. The Director may waive a specific requirement for information or a requirement to address a certain approval standard subject to the provisions of subsection (C) below provided: 1. The provision expressly authorizes that a requirement may be waived; and 2. The Director finds that specific information is not necessary to properly evaluate the application; or ,. 3 . The Director finds that a specific approval standard is not applicable to the application. C. Where a requirement is waived, the Director shall: 1 . Prepare a memorandum to the record and to the applicant citing the grant of authority, the specific requirements waived and the reasons; 2. Advise the applicant in writing that the waiver may be challenged at the hearing on the matter and may be denied by the Approval Authority; and 3 . Cite in the staff report for the application, the specific requirements waived, the reasons for the waiver and the specific grant of authority . r 18.30.050 Duties of the Director IL/ PeAr 110&% A. Within 60 days after a request for a legislative change pursuant ' l to Section 18.30.020(A): jf 1 . Give notice of the Commission hearing as provided by Sections 18.30. 100 and 18 . 30. 110. 25 - 2. Prepare a staff report which shall include: a. The facts found relevant to the proposal and found by the Director to be true; b. The statewide planning goals and rules adopted by ORS Chapter 197 found to be applicable and the reasons why any other goal(s) and rules) is not applicable to the proposal except goals 15-19, which are not applicable to the City of Tigard, and need not be addressed; 4 C. Any federal or state statutes or rules, the Director found applicable; d. The Metropolitan Service District plans and rules the Director found to be applicable; e. Those portions of the comprehensive plan found t o be applicable, and if any portion(s) of the pian appears to be reasonably related to the proposal and are not applied, the Director shall explain the reasons why such portion(s) of the pian are not applicable; f. Those portions of the implementing ordinances relevant are not to the proposal; and if the provisions considered, the Director shall explain the reasons why such portion(s) of the ordinances were not considered; and g. An analysis relating the facts found to be true by the Director to the applicable criteria and a statement of the alternatives (Section 18.30.050), a recommendation for approval, approval with modification or denial, and at the option of Director, an alternative recommendation. 3 . 5to Make days the staff report the scheduled date file the public available under Section 18.30.080. 4. Cause the public hearing to be held pursuant to Section 18.30.000 of this Code unless the applicant has requested or consented to a delay. B. Administer the hearings process. C Transmit the record to the Council for hearing set forth in Section 18.30.030 (C), and: 1 . Give notice of the Council hearing as provided by Sections 18 .30.080 and 18.30.090; 2. Prepare a report which shall include at a minimum the following: 26 a. A copy of the staff report submitted to the Planning Commission; b. A copy of the Commission recommendation; and C. A copy of the minutes of the Commission public hearing. 3 . Make a report to the Council; and 4. Administer the hearings process . C. Maintain a register of all applications which have been filed for a decision. The register shall at all times identify at what stage the application is in the process; and D. Maintain and preserve the file for each application. The file shall include, as applicable, a list of persons required to be given notice and a copy of the notice pursuant to Section 18.30.080 and the accompanying affidavits, the application and all supporting information, the staff report, the final adopted document, all correspondence, the minutes of any meetings at which the application was considered and any other exhibits, informa=tion or documentation which was considered with respect to the application. 18.30.060 Recommendation and Alternative Recommendation by the Director A. The Director shall make a recommendation to the Commission on the application, however in addition, the Director may recommend an alternative or alternatives. S. Where the alternative recommendation involves a different plan designation or a different development district designation than is the subject of the application, such alternative recommendation shall be considered only if: 1 . Notice of such an alternative is given as a part of the public hearing notice in addition to the matters contained in Section 18.30.080; and 2. The staff report prepared is provided by Section 18.30.050 (A)(2) supports the alternative recommendation. C. As a result of the public hearing on the proposed change, the Commission may on its own motion recommend to the Council an alternative recommendation, however in addition, the Commission must take action on the specific application before it. 18.30.070 Consolidation of Proceedings A. In the event there is an application for a legislative change to the plan and an application for a legislative change to an implementing ordinance both of which involve either the same geographic area or the same subject matter, the hearings may be consolidated, however: — 27 — 1. The decision on the proposed plan change shall precede the decision on the proposed change to the implementation ordinances; 2. Separate actions shall be taken on each application; and 3. The change to the implementing ordinance shall implement the change to the plan. 18.30.080 Public Hearing Notice A. The Commission shall hold at least one public hearing on each application request; B. The Council shall hold at least one public hearing on each application request; C. Notice of the public hearings on the proposed change and alternatives if any, shall be given by the Director in the following manner: 1 . At least 10 days prior to the scheduled hearing date, notice shall be sent to: a. The applicant; b. Any affected governmental agency; C. The affected recognized Neighborhood Planning Organization; and d. Any person who requests notice in writing and pays a fee established by Counci res lution. 2. At least 2 weeks prior to the hearing, a notice shall be published once a week for two successive weeks prior to the hearing in a newspaper of general circulation in the area for the adoption of regulations under ORS 92.048. 3 . At least 10 days prior to the scheduled public hearing date, notice shall be given in a newspaper of general circulation in the City for all other matters not under the provisions of ORS 92.048. D. The Director shall: 1. For each mailing of notice, cause an affidavit of mailing to be filed and made a part of the record as provided by Section 18.30. 160; and 2. For each published notice, cause an affidavit of publication to be filed and made part of the record as provided by Section 18.30. 160. 28 — 4 4 CIO 18 30 OOQ Mechanics of GivinG Notice and Failure to Give Notice i f' A. Where either the Commission or Council or both intend to hold more than one public hearing on the same application, notice of several public hearings before both Approval Authorities may be given in one notice in the same manner provided under Section s 18.30.080 (C) of this Code. S. The notice given to persons entitled to mailed or published notice pursuant to this section shall include the following information: 1 . The number and title of the file containing the application and the address and phone number of the Director' s office where additional information can be obtained; 2. A description of the location of the proposal reasonably calculated to give notice as to the location of the affected geographic area, 3. A description of the substance of the proposal in 5 sufficient detail for people to determine that a change is contemplated and the place where all relevant materials and information may be obtained or reviewed; 4. The time(s), place(s) and date(s) of other public hearing(s); a statement that public oral or written testimony is invited; and a statement that the hearing will {� be held under this Code and rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.30. 100. R C. The Failure of a person entitled to notice under 18.30.080 (C)(1) to receive notice shall not invalidate the action provided a good faith attempt was made to notify all persons entitled to notice. D. Personal notice is deemed given where the notice is deposited with the United States Postal Service. G. Published notice is deemed given on the date it is published. F. In computing the length of time that notice is given, the first date notice is given shall be included and the day of the hearing shall be included. t S 18.30- 100 Hearings Procedure 6 A. Unless otherwise provided in the rules of procedure adopted by j the City Council: 1 . The presiding officer of the Commission and the Council shall have the authority to: 29 - a, Regulate the course, sequence and decorum of the hearing; {`. b. Dispose of procedural requirements or similar matters; and k, C. Impose reasonable time limits for oral presentations. . 2. No person shall address the Commission or the Council without: a. Receiving recognition from the presiding officer; and b. Stating their full name and residence address. x 3. Disruptive conduct such as audience demonstrations in the form of applause, cheering, display of signs shall be cause for expulsion of a person or persons from the hearing, termination or continuation of the hearing, or other appropriate action determined by the presiding officer. F B. Unless otherwise provided in the rules of procedures adopted by ��{`®�the Council, the presiding officer of the Commission and of the Council, shall conduct the hearing as follows: 1. The hearing shall be opened by a Cement the fromthe presiding officer setting forth the nature er before the body, a general summary of the procedures set {� forth in this section, a summary of the standards set forth in Section 18.30. 120, and whether the decision which will be made is a recommendation to the City Council or whether & it will be the final decision of the Council. 2. A presentation of the Director' s report and other applicable staff reports shall be given. 3 . The public shall be invited to testify . 4. The public hearing may be continued to allow additional testimony or it may be closed. 5. The Approval Authority' s deliberation may include questions to the staff, comments from the staff or inquiries directed to any person present. 18.30-110 Continuation of the Public Hearing The Commission or the Council may continue any hearing and no additional notice shall be required if the matter is continued to a place, date and time certain. 18.30.120 The Standards for the Decision A. The recommendation by the Commission and the decision by the CCouncil shall be based on consideration of the following factors: — 30 — A!P 1 . The statewide planning goals and rules adopted under ORS Chapter 197; Dete41o►-% 2. Any federal or state statutes or rules found applicable; 3 . Applicable plans and rules adopted by the Metropolitan Service District; 4. The applicable comprehensive plan policies and map; and 5. The applicable provisions of the implementing ordinances. B. Consideration may also be given to: 1. 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; and 18.30. 130 Approval Process and Authority A. The Commission shall: 1 . After notice and a public hearing, formulate a recommendation to the Council to approve, approve with modifications or deny the proposed change. 2. Within 10 days of determining a recommendation, cause the written recommendation to be signed by the presiding officer of the Commission and to be filed with the Director. B. Any member of the Commission who voted in opposition to the recommendation by the Commission on a proposed change may file a written statement of opposition with the Director prior to any Council public hearing on the proposed change. The Director shall transmit a copy to each member of the Council and place a copy in the record. i C. If the Commission fails to recommend approval, approval with modification or denial of the proposed legislative change with 60 days of its first public hearing on the proposed change, the Director shall: 1 . Report the failure together with the proposed change to the Council; and 2 . Cause notice to be given, the matter to be placed on the Council' s agenda, a public hearing to be held and a i decision to be made by the Council . No further action ' 3 shall be taken by the Commission. r- — 31 — D. The Council shall: 1 . Have the responsibility to approve, approve with modifications or deny an application for the legislative change or to remand to the Commission for rehearing and reconsideration on all or part of an application transmitted to it under this Code; 2. Consider the recommendation of the Commission, however, it is not bound by the Commission' s recommendation; and 3 . Act by ordinance signed by the Mayor within 10 days after the Council's adoption of the ordinance. 18 30 140 Vote Required for a Leaislative Change A. An affirmative vote by a majority of the qualified voting members of the Commission shall be required for a recommendation for approval or approval with modifications. B. In the event there are 5 members of the Commission present and the votes cast for approval or approval with conditions are insufficient for a recommendation for approval, the decision shall be carried over until the next regularly scheduled meeting if requested by the applicant. All Commission members voting must have reviewed the record. C. In the event 6 or more members of the Commission are present and the votes cast for approval or approval with conditions are insufficient for a recommendation for approval, the proposed change shall be considered denied. D. An affirmative vote by a majority of the qualified members of the Council present shall be required to decide any motion made with respect to the proposed change. 18.30.150 The Final Decision The approved legislative change shall take effect on the thirtieth (30th) day after its enactment unless it is declared to be an emergency in which case the ordinance shall take effect immediately. 18 30 160 The Record of the Public Hearing A. A verbatim record of the proceeding shall be made by stenographic or mechanical means . It shall not be necessary to transcribe testimony. The minutes and other evidence presented as a part of the hearing shall be part of the record. B. All exhibits received and displayed shall be marked so as to provide identification and shall be part of the record. i 32 — C. The official record shall include: 1 . All materials considered by the hearings body; 2. All materials submitted by the Director to the hearings body with respect to he application; 3. The verbatim record made by the stenographic or mechanic means, the minutes of the hearing and other documents considered; 4. The final ordinance; 5. All correspondence; and S. A copy of the notice which was given as provided by Section 18.30.080 of this Code, accompanying affidavits and list of persons who were sent mailed notice. 18.30. 170 Re—Application If an application has been made and denied in accordance with the provisions set forth in this Code or by action by the Land Use Board of Appeals, the Land Conservation and Development Commission or the courts, no new application for the same or substantially similar change shall be accepted within one year from the date of the final action denying the application; except the Council may reinitiate an application upon a finding that there has been a substantial change in the facts surrounding the application policy which would support the re—application. i i e 33 — z. i 1832 PROCEDURES FOR DECISION MAKING: UASI—JUDICIAL t r 18.32 010 Purpose The purpose of this Chapter is to establish procedures under this Code for the consideration of developmentudicial c applications, for the consideration of quasi—j ts and for appeal or review of comprehensive plan amendmenis decisions. 18.32.020 The A lication Process A Applications for approval required under this Chapter may be initiated by: . 1. Order of Council; 2. Resolution of a majority of the Commission; Q 3. The Director; . 4. A neighborhood planning organization or City of Tigard Advisory Board of Commission; or 5. Application of a record owner of property or contract purchasers. _ Any persons authorizedmay be by 1s Code to represented by submit B. agent application for approval y application. authorized in writing to make the app 18.32.030-._ Pre Application Conference Required A The applicant shall be required to meet with the Director or a designee of the Director for a pre—application conference. B At such conference, the Director or designee shall: 1 . Cite the applicable comprehensive plan policies and map designation; 2. Cite the applicable substantive and procedural ordinance provisions; 3 . Provide technical data and assistance which will aid the applicant; 4. Identify other policies and regulations that relate to the application; and 5. Identify other opportunities or constraints that relate to the application. 34 — C. Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the Pre-Application Conference is valid for not more than 6 months. 1 . Another Pre-Applicatiun Conference is required if any variance application is submitted 6 months after the Pre-Application Conference. 2. Failure of the Director to provide any of the information required by this Chapter shall not constitute a waiver of the standard, criteria or requirements of the applications. 18 32 040 Application Submittal Requirements - Refusal of an Application A. The application shall be made on forms provided by the Director as provided by Section 18.32.045(A)(1) of this Code. B. The application shall: 1 . Include the information requested on the application form; 2. Address appropriate criteria in sufficient detail for review and action; and 3 . Be accompanied by the required fee. 4. Include a list, certified by the Washington County Tax Assessor' s Office, of names and addresses of all persons of record who are property owners within (100 or 250 feet) of the site as required by the specific application section of this Code. C. The Director or designee shall not accept: 1. Incomplete applications; or 2. Applications not accompanied by the required fee. / aAl�410&P% D. An application shall be deemed "incomplete" unless it addresses each element required to be considered under applicable provisions of the Tigard Municipal Code and the application form. 18.32.045 Duties of the Director A. The Director shall: 1 . Prepare application forms made pursuant to the standards contained in the applicable state law, comprehensive plan and implementing ordinance provisions; 2. Accept all development applications which comply with the provisions of Section 18.32.040 of this Code; 3 . Within 30 days after accepting an application pursuant to 6/ this Chapter except as provided by Section 18.32.080: a. Give notice as provided by Section 18 .32. 100 and 18.32. 110 except as provided by Section 18.32.090; b. Prepare a staff report which shall. include: Pt" F and The facts deemed 1) relevant to the proposal { found by the Director to be true. y� 2) Those Statewide Planning Goalsan deemeother goal d to b s applicable and the reas nsosal. The Director or not applicable to the proposal approval authority need not deal with lS atewible de planning Goals 15-19, which are not app Tigard. 3) Those portions of the Tigard Comprehensive Plan lementin ordinances which the Director and imp g al. if any deems to be applicable to the propos to be portion of the plan or ordinances appear related to the proposal and are deemed : reasonably the Director not applicable by the Director, shall explain why such portion or portions are not applicable. 4) An analysis relating the facts deemed true by the Director to the applicable criteria and a consideration of alternatives open to the approval authority, resulting in a recommendation of denial, approval, or approval with conditions under Section 18.32.210(E) . D 5) A waiver of information or additional information j®YJ�W required by the Director. C. Make the staff report and all case-file materials te available at least 5 days prior tothe s c entitleduled dato of the final decision to all p notice under tion 3unde 0 or Section 18.se 32.240e of party to the proceeding this Chapter; d , Act on the development application pursuant to Sections 18.32.060(A) and 18.32.100 of this Chapter or cause a hearing to be held pursuant to Sections 18.32.060(8) through (D) and 18.32.130 to 18.32. 190 and Section 18.32.200 of this Chapter, unless the applicant has requested or consented to a delay; 4. Administer the hearings process pursuant to Sections 18.32. 130 through 18.32. 190 and Section 16.32.200 of this Chapter; 5. Maintain a register of all applications which have been filed for a decision. The licashallster tion isiat all n nthe process identify at what stage the app 6. File notice of the final decision in opyfthe records thenotie of the Planning Department and maic and all parties and to final decision to the applicant 36 those persons requesting copies of such notices who pay the necessary fees therefor. The notice of the final decision shall contain the information set forth under Section 18.32.220(C) of this Chapter; 7. Maintain and preserve the file for each application. The file shall include, as applicable, a list of persons required to be given notice and a copy of the notice given pursuant to Section 18.32. 100 and the accompanying affidavits, the application and all supporting information, the staff report, the final decision, including the findings, conclusions and conditions, if any, all correspondence, the minutes of any meeting at which the application was considered, and any other exhibit, information or documentation which was considered by the hearing body with respect to the application; and 8. Administer the appeals pursuant to Sections 18.32.260 through 18.32.320 of this Chapter. 18 32 050 Alternative Recommendation by Director A. The Director shall make a recommendation to the initial hearings body on the application, however, in addition the Director may recommend an alternative or alternatives. B. Such alternatives shall be considered only if: C1 . Notice of such alternative has been given as part of the Hearing Notice in addition to the matters contained in Section 18.32. 110; and 2. The staff report prepared as provided by Section 18.32.045(A)(3)(b) supports such an alternative. 18 32 055 Additional Information Required, Waiver of Requirements and Report Required A. The Director may require information in addition to that required by a specific Code provision provided: 1 . The provision expressly authorizes that additional information may be required; and 2. The information is needed to properly evaluate the proposed development proposal; and 3 . The need can be justified on the basis of a special or unforeseen circumstance. B. The Director may waive s i information a specific requirement subject to the provisions o suFsection (C) below provided: 37 — AJ 1F+ 1. The provision or Section of this ode expressly authorizes that a requi ent may be waived if found to be inapplicable; 2. The Director finds that specific information is not necessary to properly evaluate the application; or 3. The Director finds that a spe- ific approval standard is not applicable to the application. C. Where a requirement is found by the Director to be inapplicable he shall: 1. Prepare a memorandum to the record and to the applicant citing the grant of authority, the specific requirements waived and the reasons; 2. Advise the applicant in writing that the waiver may be challenged at the hearing on the matter and may be denied by the Approval Authority; and 3 . Cite in the staff report on the application, the specific requirements waived, the reasons for the waiver and the specific grant of authority. 18.32 060 Approval Authority Responsibilities A. The Director shall have the authority to approve, deny or approve with conditions pursuant to Section 18.32.210(E) the following development applications in accord with the provisions of Section 18.32.080 of this Chapter: 1 . Minor partitions, applications pursuant to Chapter 18. 152; 2. Major partitions, applications pursuant to Chapter 18 . 152; 3 . Site development review, applications pursuant to Chapter 18. 120; 4. Temporary use, applications pursuant to Chapter 18.96; 5. Home occupations, applications pursuant to Chapter 18 .98; 6. Minor modification to approved Planned Developments; 7. Variance, applications pursuant to Chapter 18 . 134; 8 . Accessory Uses and Structures, applications pursuant to Chapter 18. 100; 9 . Flexible setback standards for developed lots, applications pursuant to Chapter 18 . 102; 38 — 10. Zero lot line setback standards, applications pursuant to Chapter 18 . 103 . r 11 . A detailed planned development proposal, under Chapters 18 .80 and 18. 120. 12. Determination of parking requirements for unlisted uses, applications pursuant to Section 18. 111 .020 (C) . B. The Hearings Officer shall have the authority to approve, deny, or approve with conditions pursuant to Section 18.32.210(E), the following development applications in accordance with Sections 18.32.180 through 18.32.200 of this Code: 1. Conditional uses applications pursuant to Chapter 18. 130; 2. Sensitive land permit, applications pursuant to Chapter 18.84.015(8)(2) and (B)(3); '/ L*1V 3 . Historic Overlay District amendments, applications pursuant to Chapter 18.82. C. The Planning Commission shall have the authority to approve, deny, or approve with conditions pursuant to Section 18.32.210(E), the following development applications, as the initial hearings body, pursuant to Section 18.32. 130 through 18.32.200 of this Code: 1. Subdivision applications pursuant to Chapter 18. 150; 2. A quasi—judicial comprehensive plan map amendment, provided, however, that all such amendments shall be reviewed by the Council as provided by Section 18.32.260 B, t the Commission shall receive proposed legislative changes twice yearly not more than 75 days and not less than 45 days before the first Commission meetings in April and October. 3 . Quasi—judicial zoning map amendments, applications pursuant ��✓ to Chapter 18. 130. 4. A development application referred to the Commission by the Director pursuant to Section 18.32 .210(A)(2); 5. An appeal of a decision made by the Director under Section 18.32.260 and subsection (A) of this section; 6. A conceptual planned development proposal under Chapter 18.80; 7. Interpretations of the Tigard Comprehensive Plan or the adopted Community-Development Code, if requested by the Director or other interested perso s. V JOG r — 39 8. Sensitive Land Permit application pursuant to Chapter Oen L. 18.84.015(B)(1) . 9. Any other matter not specifically assigned to the Director, the Hearings Officer, or City Council under Title 18 of the Tigard Municipal Code. 10. The preliminary review of plan designations and formal imposition of zoning district designations made to lands annexed to the City. il. A major modification of a Planned Development as provided V/ for in Section 18.80.020(H) . 12. Appeal of sign permits, pursuant to Chapter 18. 118. D. The City Council shall have the authority to approve, deny, or approve with conditions pursuant to Section 18.32.210(E), the following development applications in accordance with the provisions of Section 18.32. 130 through 18.32.200 of this Code: 1. The formal imposition of plan designations made to lands annexed to the City; 2. Matters referred to the Council by the Planning Commission or Hearings Officer for review under Section 18.32.260(B)(3); 3. Review of decisions of the initial hearings body, whether on the Council's own motion or otherwise, as provided by 3 Section 18.32.260(B)(1) and (2) . 16.32.070 Consolidation of Proceedings A. Whenever an applicant requests more than one approval and more than one approval authority is required to decide the applications, the proceedings shall be consolidated so that one approval authority shall decide all applications in one proceeding. B. In such cases as stated in subsection (A) above, the hearings shall be held by the Approval Authority having original jurisdiction over one of the applications under Section 18.32.060, in the following order of preference: the Council, the Commission, the Hearings Officer, or the Director. 18.32.080 A Decision by the Director A. Pursuant to Section 18.32.060(A) of this Code, the Director is authorized to make certain decisions, and no hearing shall be held except where: 40 — 1. A written appeal under Section 18.32.260 of the Director' s proposed action with respect to the development application has been filed with the Director by a party prior to tenr days after the decision is final. a. The appeal application to the Commission shall be treated as if it were filed under Section 18.32.060(C) . b. The appeal to the Commission shall be the only appeal opportunity for decisions by the Director. C. De Novo reviews of the Director' s decision by the Commission shall be completed within 60 days of when the appeal is filed. 2. The Director has an interest in the outcome of the decision, due to some past or present involvement with the applicant, other interested persons or in the property or surrounding property, and cannot render an impartial decision. an such cases the application shall be treated as if it were filed under Section 18.32.060(C) of this Chapter. B. A decision made by the Director shall be made within 20 da af�p�^ accepting an application and shall—be made in acc&Fdance with the provisions of Section 18.32.240 of this Code, and a record shall be made which shall include: 1. A copy of the application and all supporting information, plans, exhibits, graphics, etc. 2. All correspondence relating to the application; 3. All information considered by the Director in making the decision; 4. The staff report of the Director prepared under Section 18.32.045(A)(3)(b); 5. A list of the conditions, if any are attached to the approval of the application; 6. A copy of the notice which was given pursuant to Section 18.32.090, and accompanying affidavits, and a list of all persons who were given mailed notice; and 7. A signed statement by the Director stating the nature of any past or present involvement with the applicant, other interested persons or the property if the Director makes a decision, and if there could reasonably be expected to be a challenge to the fairness of the decision. 41 — - C. A proposed decision made by the Director shall become final and effective 10 days after notice of the proposed decision is given pursuant to Section 18.32.200 unless: 1. A party to the action files a written appeal with the Director on or before the date given in the notice pursuant to Section 18.32.090(C) . 2. The Commission or the Council, on its own motion, orders review on or before the date given in the notice pursuant to Section 18.32.090(C). D. The Director shall give notice of the proposed decision as provided by Section 18.32.090 and shall report to the Commission and Council the Notices of Proposed Decision given under this section on a regular basis before such decisions become final. The Director shall given notices of the final decision as provided by Section 18.32.220. E. The Director may grant the application with respect to less than all of the parcel which is the subject of the application provided the decision will not limit the development options on the portions not approved as part of the application and notice is appropriately given. F. No Director' s decision may be modified from that set out in the notice given under Section 18.32.090 and 18.32.220 unless new ►�Ptk4A notice is given. . P&IP04 B� 18.32.090 Notice of �d Decisions by the Director V H. Notice of the Director' s _proposed action on a development v application pursuant to Section 2.060(A) shall be given by the Director in the following manner: signing the proposed decision, notice shall be sent by mail to: a. The applicant and all owners or contract purchasers of record of the property which is the subject of the application; b. All owners of record of property within 100 feet of the property; C. The affected Neighborhood Planning Organization, if active; d. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice; e. Any person who requests, in writing, and pays the required fee established by the Council . — 42 — g, The Director shall cause an affidavit of mailing of notice to be filed and made a part of the administrative record. j C. The Director shall post a copy of each notice of decision at City Hall; and each notice of decision shall be published in a local newspaper of general circulation. D. Notice of a decision by the Director shall contain: 1. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant's proposal. 2. A statement of where the adopted findings of fact, decision and statement of conditions can be obtained; We 3. The date the Directors proposed decision will become final; l� and 4. A statement that a party to the proceeding may seek appeal or review of the decision, as appropriate. a. The statement shall explain briefly how an appeal or review can be taken, the deadlines and where information can be obtained. b. In the case of a decision by the Director in which no appeal has been filed, the notice shall state that fact and that the decision is, therefore. final, and 5. A map showing the location of the property. 18 32 100 Notice of Hearings Officer Planning Commission and City Council Proceedings A. Notice of an impending action pursuant to Section 18.32.060(B), (C), and (D) shall be given by the Director in the following manner: 1. At least 10 days prior to the scheduled hearing date, notice shall be sent by mail to: a. The applicant and all owners or contract purchasers of record of the property which is the subject of the application; b. All property owners of record within 250 feet of the property; C. Any affected governmental agency which has entered into an intergovernmental agreement with the City which includes provision for such notice; t 43 - d. The affected Neighborhood Planning Organization, if active; i e. Any person who requests, in writing, and pays a fee established by the Council; and f. The appellant and all "parties" described in Section 18.32.240 of this Chapter to an appeal or review. 2. The Director shall cause an affidavit of mailing of notice to be filed and made a part of the administrative record. S. At least 10 days prior to the hearing, notice shall be given in a newspaper of general circulation to the City. An affidavit of publication shall be made part of the administrative record. 18 32 110 Contents of the Notice r public Hearings A. Notice given to persons entitled to mailed or published notice pursuant to Section 18.32. 100 shall include the following information: 1. The number and title of the file containing the application and the address and phone number of the Director' s office where additional information can be obtained; 2. A description of the subject property, reasonably calculated to give notice as to its actual location which shall include, but not be limited to, the metes and bounds description or the tax map designations of the applicable E county assessor' s office; 3. A map showing the location of the property; 4. The nature of the application in sufficient detail to apprise persons entitled to notice of the application' s proposal; 5. In the case of a Decision by the Director (Section 18.32.090) as provided by Section 18.32.060(A), the nature of the Director' s proposed action and the date the decision will be final. V, 6. The time, place and date of the public hearing, a statement +vu of whether public oral and written testimony is invited, and a s 'atement that the hearing will be held under this Chapter and any rules of procedure adopted by the Council and available at City Hall. 18.32. 120 Failure to Receive Notice A. The failure of a property owner to receive notice shall not invalidate the action provided a good—faith attempt was made to notify all persons entitled to notice. — 44 — B. Personal notice is deemed given when the notice is deposited with the United States Postal Service, published notice is ( deemed given on the date it is published. C. The records of the Washington County Assessor' s Office shall be the official records used for giving notice required by this ordinance, and a person's name and address which is not on file at the time the notice mailing list is initially prepared is not a person entitled to notice under Section 18.32. 100 and 18.32.090 of this Code. D. In computing the length of time that notice was given, the first date notice is deemed given shall be excluded and the day of the Hearing or Decision shall be included unless the last day falls on any legal holiday or on Saturday, in which case, the last day shall be the next business day. 18.32.130 Hearings Procedure A. Unless otherwise provided by the Rules of Procedure adopted by the Council, the Approval Authority shall have the authority, to conduct a public hearing; and 1. Determine who qualifies as a party. 2. Regulate the course, sequence and decorum of the hearing. 3. Dispose of procedural requirements or similar matters. 4. Rule on offers of proof and relevancy of evidence and testimony. 5. Impose reasonable limitations on the number of witnesses heard and set reasonable time limits for oral presentation and rebuttal testimony. s 6. Take such other action appropriate for conduct commensurate with the nature of the hearing. 7. Approve or deny applications or approve with conditions pursuant to Section 18.32.210(E) of this Code. B. Unless otherwise provided in the Rules of Procedure adopted by the Council, the Approval Authority shall conduct the hearing as follows: 1 . Announce the nature and purpose of the hearing and summarize the rules of conducting the hearing; 2. Recognize parties; 3 . Request the Director to present the staff report, to explain any graphic or pictorial displays which are a part of the report, summarize the findings, recommendations and 45 — conditions, if any, and to provide such other information as may be requested by the Approval Authority; l 4. Allow the applicant or a representative of the applicant to be heard; 5. Allow parties or witnesses in favor of the applicant' s proposal to be heard; 6. Allow parties or witnesses in opposition to the applicant's proposal to be heard; 7. Upon failure of any party to appear, the Approval Authority shall take into consideration written material submitted by such party; 8. Allow the parties to offer rebuttal evidence and testimony, and to respond to any additional evidence. The scope and extent of rebuttal shall be determined by the Approval Authority; 9. Conclude the hearing by announcing officially the public hearing is closed; and 10. Make a decision pursuant to Section 18.32.210 or take the matter under advisement pursuant to Section 18.32.150 of this Code. C. Unless otherwise provided in the Pules of Procedures adopted by the Council, the following rules shall apply to the general s conduct of the hearing: 1 . The Approval Authority may ask questions at any time, before the close of the hearing, and the answers shall be limited to the substance of the question; 2. Parties or the Director must receive approval from the Approving Authority to submit directly questions to other parties or witnesses or the Director; 3 . A reasonable amount of time shall be given to persons to respond to questions; 4. No person shall testify without first receiving recognition from the Approval Authority and stating his full name and address; 5. The Approval Authority may require that testimony be under oath or affirmation. 6. Audience demonstrations such as applause, cheering and display of signs, or other conduct disruptive of the hearing shall not be permitted. Any such conduct may be cause for immediate suspension of the hearing; and 46 — F (c E 7. No person shall be disorderly, abusive, or disruptive of the orderly conduct of the hearing. t• D. The initial hearing body may refer any matter for Council action on the record made before it. 18.32. 140 Ex Parte Communications with Approval Authority A. Members of the Approval Authority shall not: 1 . Communicate, directly or indirectly, with any party or R representative of a party in connection with any issue involved except upon giving notice and opportunity for all parties to participate; nor 2. Take notice of any communication, report, or other materials outside the record prepared by the proponents or opponents in connection with the particular case unless the parties are afforded an opportunity to contest the material so noticed. B. All ex parte contracts shall be reported on the record. C. Members of the Commission shall be governed by the provisions of ORS 227.035 and the provisions of this section. D. This section shall riot apply to Director decisions made under • Section 18.32.060(A) . 18 32 150 Continuation of the Hearing_ A. An Approval Authority may continue the hearing from time to time to gather additional evidence, to consider the application fully, or to give notice to additional persons. B. Unless otherwise provided by the Approval Authority, no additional notice need be given of the continued hearing if the matter is continued to a date, time and place certain. 18 32 160 Subpoena or Deposition of Witnesses A. Any party to an appeal who wishes to subpoena or depose witnesses to an app'z'�y— 5-so by application to the Director not less than 7 days prior to the hearing and a showing that the witness resides in Oregon, is unable or unwilling to appear and f the testimony material and relevant. B. Upon approval by the Director, application for subpoenas or depositions shall be made after proper completion and payment of those fees applicable to civil cases, to the Washington County Circuit Court. 47 - 18.32. 170 Evidence A. All evidence offered and not objected to may be received unless excluded by the Approval Authority on its own motion; B. Evidence received at any hearing shall be of a quality that reasonable persons rely upon in the conducting of their everyday affairs; C. No person shall present irrelevant, immaterial, or unduly repetitious testimony or evidence; D. Evidence shall be received and notice may be taken of those facts in a manner similar to that provided for in contested cases before state administrative agencies pursuant to ORS 183.450, except as otherwise provided for herein; and E. Formal rules of evidence, as used in courts of law, shall not apply. 18.32. 175 Judicial Notice A. The Approval Authority may take notice of the following: 1 . All facts which are judicially noticeable. Such noticed facts shall be stated and made part of the record. 2. The Statewide planning goals adopted pursuant to ORS 197.240. 3. The Comprehensive Pian and other officially adopted plans, implementing ordinances. rules and regulations of the City of Tigard and the c ,nprehensive plans and implementing ordinances of other planning authorities within the Metropolitan Service District Boundary. B. Matters judicially noticed need not be established by evidence and may be considered by the Approval Authority in the determination of the application. 18.32. 180 Participation in the Decision A. In addition to the provision of ORS 227.035 which applies to Commission member, each member of the Approval Authority shall be impartial. Any member having any substantial past or present: involvement with the applicant, other interested persons, the property or surrounding property, or having a financial intersect in the outcome of the proceeding, or having any pre—hearing contacts, shall state for the record the nature of their involvement or contacts, and shall either: 1 . State that they are not prejudiced by the involvement or contacts and will participate and vote on the matter; or 48 — 2. State that they are prejudiced by the involvement or contact and will withdraw from participation in the matter. B. In the event of a challenge to the impartiality of a member of the Approval Authority, the remaining members shall decide the issue of participation. Such challenge shall be raised at the earliest possible opportunity. C. An affirmative vote by a majority of the qualified voting members of the Approval Authority who are present is required to approve an application or to amend, modify or reverse a decision on appeal. C. Notwithstanding subsections (A) and (B) of this section, no member of an Approval Authority having a financial interest in the outcome of an application shall take part in proceedings on that application; provided, however, with respect to the Council only, a member may vote upon a finding of necessity made by the majority of the Council present. D. In addition: 1. Only those members who have reviewed the entire record shall vote; and 2. A majority of the qualified voting members of the Approval Authority must vote affirmatively to amend, reverse or remand the decision. E. Unless a decision is deferred, in the event of a tie, the decision which is the subject of appeal or review shall stand. 18.32. 190 Record of Proceedin r Public Hearings- A. A verbatim record of the proceeding shall be made by stenographic or mechanical means. 1 . It shall not be necessary to transcribe testimony except as provided for in Section 18.32.275. 2. The minutes or transcfirt of testimony, or other evidence of the proceedings, shall be part of the record . B. All exhibits received shall be marked so as to provide identification upon review. C. The official record shall include: 1 . All materials, pleadings, memoranda, stipulations and motions submitted by any party to the proceeding and recorded or considered by the Approval Authority as evidence; t 49 — Pk 2. All materials submitted by the Director to the Approval Authority with respect to the application including in the case of an appeal taken pursuant to Section 18.32.260(A) the record of the Director' s decision as provided by Section 18.32.080(6); 3 . The transcript of the hearing, if requested by the Council or a party or the minutes of the hearing, or other evidence of the proceedings before the Approval Authority; 4. The written findings, conclusions, decision, and, if any, conditions of approval, of the Approval Authority; 5. Argument by the parties or their legal representatives permitted pursuant to Section 18.32.270 at the time of review before the Council; 6. All correspondence relating to the application; and 7. A copy of the notice which was given as provided by Section 18.32.080 of this Chapter, accompanying affidavits and list of persons who were sent mailed notice. 18 32 200 The Effective Date of the Decision f a Public hearin - A eal or Review Any decision made as a result of a public hearing action under the provisions of this Code shall become effective on the tenth (10) day from the date notice of the final decision is given, s provided in Section 18.32.220 of this Code, unless an appeal review is taken pursuant to 'on 18.32.260(6) of this Code. 18.32.210 The Decision Process of the A royal Authorit A. The decision shall be based on consideration of the following factors: 1. Proof by the applicant that the application fully complies��t�,��-� with: III a. Until acknowledgment of the Tigard comprehensive plan and ordinances by LCDC, the Statewide Planning Goals�``�► adopted under ORS 197.240; and b. The relevant approval standard found in the applicable Chapter(s) of this Code or other app ✓✓ implementing ordinances. B. Consideration may also be given to: 1 . Proof of a change in the neighborhood or community or a mistake in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application; and i - 50 - E P t 2. Factual oral testimony or written statements from the and other governmental agencies parties, other persons relevant to the existing conditions, other applicable standards and criteria, possible negative or positive attributes of the proposal or factors in subsection A or subsection (B)(1), above. F C. In all cases, the decision shall include: A statement in a form addressing the requirements of Section i 18.32.045(A)(3)(b) which refer to the Director' s staff report. t D. The Approval Authority may: 1. Adopt findings and conclusions contained in the staff report; 2. Adopt findings and conclusions of a lower approval authority; 3. Adopt its own findings and conclusions; 4. Adopt findings and conclusions submitted by any party; or 5. Adopt findings and conclusions from another source, either k with or without modification, having made a tentative decision, and having directed staff to prepare findings for K review and to provide an opportunity for all parties to comment upon the same. E. The decision may be for denial, approval or approval with conditions, pursuant to subsection (2) below. 1. Conditions may be imposed where such conditions are necessary to: a. Carry out g123ir_ablp provisions of the Tigard V Comprehensive Plan; b. Carry out the applicable implementing ordinances; `8he41;-1 C. Assure that adequate public services are provided to /•3 the development or to assure that other required improvements are made. 2. Conditions may include: a. Minimum lot sizes; b. Larger setbacks; C. Preservation of significant natural features; or ( d. Dedication of easements. 0' 51 — 3 . Conditions of approval shall be fulfilled within the time limit set forth in the decision; or, if not time limit is ( set forth, within one year. Failure to fulfill any condition of approval within the time limitations provided may be grounds for revocation of approval, after notice and an opportunity to be heard as an administrative action. 4. Changes, alterations or amendments to the substance of the conditions of approval shall be processed as a new administrative action. 5. prior to the commencement of development, i .e. the issuance of any permits or the taking of any action under the approved development application, the owner, and any contract purchasers, of the property which is the subject of the approved application, shall sign and deliver to the Director their acknowledgment and consent to such conditions. G s b. The conditional approval may require the owner of the property to sign within a time certain or, if no time is designated, within a reasonable time, a contract with the City for enforcement of the conditions. 1) The Council shall have the authority to execute such contracts on behalf of the City. 2) If a contract be required by a conditional approval, no building permit shall be issued for the use covered by the application until the executed contract is recorded in a real property records of the applicable County and filed in the i County Records. 3) Such contracts shall be enforceable against the signing parties, their heirs, successors, and assigns by the City by appropriate action in law or suit in equity for the benefit of public health, safety and welfare. t 7. A bond, in a form acceptable to the Director or, upon appeal or review, by the appropriate approval authority, or a cash deposit from the property owners or contract f purchasers in such an amount as will assure compliance with the conditions imposed pursuant to the Section may be required. Such bond or deposit shall be posted prior to the issuance of a building permit for the use covered by the application. sJ E 8. The Final decision may grant the application with respect to less than all of the parcel which is the subject of the application. 52 — 18 .32.220 The Final Decision and Notice of the Final Decision A. The final decision shall be a decision which is in writing and which has been: 1. Formally adopted and signed by the chairperson of the Approving Authority other than the Director and filed with the Director and the City Recorder within 10 calendar days of the formal adoption of the decision; 2. Signed by the Director in the case of a ffin_a�l decision by the Director and filed as a final decision within 10 calendar days of the signing of the decision; or ✓ 3. Formally adopted by the Council and signed by the Mayor. B. The final decision shall be filed in the records of the Director within 10 calendar days after the decision is signed and notice thereof shall be mailed to the applicant, all parties to the action and shall be available to members of the Council. C. Notice of a final decision shall contain: 1. A statement that all required notices under Section 18.32. 100 and 18.32.090 have been given except as set forth in Section 18.32.090(C) (Decisions by the Director); 2. A statement of where the adopted findings of fact, decision and statement of conditions can be obtained; 3. The date the final decision was filed; and 4. A statement of whether a party to the proceeding may seek review of the decision, as appropriate. a. In the case of a final decision by the Council, the statement shall explain briefly how a petition for Rehearing may be filed pursuant to Section the deadlines and where information can be obtained. b. In the case of a final decision by the Hearings Officer of Commission, the statement shall explain briefly how a review can be taken pursuant to Section 8 , the deadlines and where information can be obtained . C. In the case of a final decision by the Director where no appeal has been filed, a statement of that fact and that the decision is, therefore, unappealable. D. The final decision may grant the application with respect to less than all of the parcel which is the subject of the application. 53 - J i 18 32 230 Denial of the Application —....Resubmittal j An application which has been denied and which on appeal has not been reversed by a higher authority, including the Land Use Board of Appeals, the Land Conservation and Development Commission, or the courts, may not be resubmitted for the same or a substantially similar proposal or for the same or substantially similar action for a period of at least 12 months / from the date the final City action is made denying the l/ application. 18 32 240 Standing to Appeal or Review A. Any person shall be considered a party to a matter, thus having "standing" to pursue an appeal or to seek review, provided: 1. In the case of the review of a decision made by an Approval �) Authority other than the Director, the person appeared before that Approval Authority either orally or in writing; and 2. The person is a person entitled as a matter of right to notice and hearing or is a person whose interests are adversely affected or is a person who has been aggrieved by the decision. 3. They are given appeal rights by another section of this Code. B. Requests for party status may be accepted by the Approval Authority p u until the close of the public hearing on the matter. 3 18.32.250 Computation of Appeal Period — Petition for Review Time Period In computing the length of the appeal period or petition for review period, the day that notice of the propos ed_or final decision respectiU ly is mailed shall be excluded and the last day for fi�ng the appeal or r�eyi_ew shall be included unless the last day falls on any legal holiday or on a Saturday, in which case, the last day shall be the next business day . 18.32.260 Deciions which may be Appealed or Reviewed A. Any decision made by the Director on a development application as provided by Section 18.32.060(A) may be appealed to the Commission as provided in Section 18.32.080(C) . B. Any decision made by any other Approval Authority under Section 18 .32.050(6) or (C) may be reviewed by the Council by: 1 . The filing of a Notice of Review by any party to the decision within 10 days of sending of the notice of final r decision; or l — 54 — 2. The Council or Commission, on its own motion, seeks review by resolution filed within 10 days of notice of the final decision; or 3 . Referral of a matter under Section 18.32. 13C(D) by the initial hearings body to the Council, upon closure of the hearing, when the case presents a policy issue which requires Council deliberation and determination. C. Failure to file an appeal or petition for review shall be deemed a failure to exhaust administrative remedies. It is the purpose of this section to provide parties every remedy possible, that is, prior to litigation to the end, the filing of an appeal or petition for review is a condition precedent. 18 32 270 Type of Appeal or Review Hearing - Limitations_ of Review A. The appeal of a decision made by the Director under Section 18.32.060(A) and Section 18.32.210 of this Chapter shall be de novo and conducted as if brought under Section 18.32.060(8), or (C) . B. The review of a decision by the Commission or Hearings Officer by Council shall be: 1. Confin-d to the record of the proceedings as provided in Section 18.32. 190 of this Code; 2. Limited to the grounds relied upon in the Notice of Review as provided in Section 18.32.280(A) of this Chapter, and conducted in accordance with the provisions of Sections 18.32.210, 18.32.220, and 18.32. 130 through 18.32.220 and Sections 18.32.200 and 18.32.260 of this Code. 3 . The subject of written and oral argument. Such written Vol argument shall be submitted not less than 5 days prior^ 8 Council consideration. 4. Reviews on the record by Council of Hearings Officer or Commission decision shall be completed within 40 days of when notice of review is filed. 18.32.275 Transcripts A. The petitioner for review shall request that a transcript be made of the proceedings before the initial Hearings Body. B. The Director shall estimate the cost, and the person requesting the transcript shall bear the cost. C. The person making the request shall deposit the estimated cost with the Director within 5 days of requesting the transcript, and any excess shall be returned . 55 — D. If the cost of the transcript be greater than the estimate, the petitioner shall pay such excess within 10 days of notice by the (" Director. 18.32.280 Notice of Appeal or Review A. The Notice of Appeal or Review shall contain: 1 . A reference to the application souqht to be appealed or reviewed; 1 t. 2. A statement as to how the petitioner qualifies as a party; 3. The specific grounds for the appeal or review; and 4. The date of the filing of the final decision on the action ` or in the case of a proposed decision by the Director, the �J date the proposed decision was filed, and the date notice of the final or proposed decision was given. B. The appeal or review application shall be accompanied by the required fee. 18.32.290 Persons Entitled to Notice on Appeal or Review — Type of Notice Upon appeal or review, notice shall be given by the Director as provided by Section 18.32. 100 of this Code. a 18.32.300 Contents of Notice on Appeal or Review Notice shall include those matters provided by Section 18.32. 110 of this Code, as applicable. 18_.32.310 Action on Appeal or Review — Time Limit and Authority to Change ` the Decision A. The Approval Authority shall act upon the appeal or review �® within 30 days of filing unless such time limitation is extended with the consent of the parties; however, unless otherwise ordered by the Hearings Body or Council, the Director shall take such appeals in the order in which they are filed; and B. The Approval Authority may affirm, reverse or modify the decision which is the subject of the appeal; however, the c: decision shall be made in accordance with the provisions of Section 18.32.210 of this Code; or C. The Approval Authority may remand the matter if it is satisfied that testimony or other evidence could not have been presented or was not available at the hearing. In deciding to remand the matter, the Approval Authority shall consider and make findings and conclusions respecting: 1. The prejudice to parties; — 56 — 2. The convenience or availability of evidence at the time of the initial hearing; 3. The surprise to opposing parties; 4. The date notice was given to other parties as to an attempt to admit; or 5. The competency, relevancy and materiality of the proposed testimony or other evidence. 18.32.320 Final Action of the Approval Authorit Effective Date• Petition for Rehearing A. Action by the Approval Authority on appeal or review, known as a "final order," shall be effective on the tenth day from the filing of the order with the Director under Section 18.32.190(A) . B. No person failing to apply for a Petition for Review shall have been deemed to have exhausted administrative remedies. It is the purpose of this section to provide parties every remedy possible, prior to litigation. To that end, the filing of a Petition for Review is a condition precedent for further administrative or judicial review. C. No time period for challenging Council action shall commence until the Council has disposed of the Petition for Rehearing. D. Within 5 days of the filing of the final order of Council, or upon a final order on the grant of a petition for rehearing, the Director shall give notice of the final order to all parties to the proceeding, informing them of the date of filing, the opportunity for further remedy by petition for rehearing, the decision rendered, and where a copy may be found. - 57 - 18.40. ADMINISTRATION r 18.40.010 Classifications of Zones All areas within the corporate limits of the City of Tigard are hereby divided into zoning districts. The use of each tract and ownership of land within the corporate limits shall be limited to those uses permitted by the zoning classification applicable to each such tract as hereinafter designated. The zoning districts within the City of Tigard are hereby classified and designated as follows: Dwelling Minimum Units Per Lot Size in Zoning District Map Symbol Net Acre Square Feet Low Density Single Family Residential-detached R-1 1.2 30,000 Single Family Residential-detached R-2 1.7 20,000 ' l Single Family Residential-detached R-3 .5 3.5 10,000 �✓ Single Family Residential-detached R-4.5 4.6 7,500 Medium Density Single Family Residential- detached/attached R-7 7/12 3 5,0 /3,050 Multiple Family Residential R-12 12 3,0 Medium High Density / Multiple Family Residential R-20 20 1,850 V High Density Multiple Family Residential R-40 40+ none Commercial Neighborhood Commercial C—N 5,000 General Commercial C—G none Professional Administrative Office Commercial C—P 6,000 Central Business District Central Business District CBD none Industrial Industrial Park I—P none Light Industrial I—L none Heavy Industrial I—H none Overlay Zones Planned Unit Development PUD Historic District HD Sensitive Lands SL Established Areas RE, CE, IE Developing Areas RD, CD, ID 58 — 18.40.020 Zoninq District Map A. The boundaries of each of the foregoing districts and the zoning classification and use of each tract in each of said zoning districts is hereby prescribed to coincide with the identifying zone classifications shown on the map entitled "Tigard Zoning District Map", dated with the effective date of this Code and signed by the Mayor and City Recorder and hereafter referred to as the "zoning district map" and said map by this refe--ence is made a part of this Code. A certified print of the adopted zoning district map or map amendments shall be maintained in the office of the Planning Department as long as the Code remains in effect. B. Each lot, tract and parcel of land or portion thereof within the zone boundaries as designated and marked on the zoning map, is hereby classified, zoned and limited to the uses as hereinafter specified and defined for the applicable zone classification. C. Amendments to the City zoning district map may be made in accordance with the provisions of Chapters 18.30 and 18.32 of this Code. 1 . Copies of all map amendments shall be dated with the effective date of the document adopting the map amendment and shall be maintained without change, together with the adopting documents, on file in the Planning Department. 2. The Director shall maintain in the office and available for public inspection an up-to-date copy of the City zoning district map to be revised so that it accurately portrays changes of zone boundaries. D. The Director shall maintain on a set of zoning district maps, an index indicating the case number, type of action and location of actions taken under this Code. 18.40.030 Determination of Zoning Boundaries A. inhere due to the scale, lack of scale, lack of detail, or illegibility of the City zoning district map or due to any other reason, there is uncertainty, contradiction or conflict as to the intended location of district boundary lines shall be determined by the Director in accordance with the following standards: 1 . Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines. 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. 3 . Boundaries indicated as approximately following City limits shall be construed as following City limits . 59 - 4. Boundaries indicated as approximately following river, stream and/or drainage channels shall be construed as following river, stream and/or drainage channels. 5. Whenever any street is lawfully vacated, and when the lands within the boundaries thereof attached to and become a part of lands adjoining such street, the lands formerly within the vacated street shall automatically be subject to the same zoning district designation that is applicable to lands to which same attaches. 60 — 18.42 USE CLASSIFICATION 18.42.010 Purpose The purpose of this Chapter is to classify uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics; thereby providing a basis for the regulation of uses in accordance with criteria which are f directly relevant to the public interest. r P 18.42.020 Listing of Use Classifications A. Residential Use Types. Residential use types include the occupancy of living accommodations on a wholly or primarily nontransient basis. 1. Single Family Detached Residential Units One dwelling unit, freestanding and structurally separated from other dwelling units or buildings, located on a lot. 2. Duplex Residential Units Two dwelling units placed so that some structural parts are in common and are located on a single lot or development site. 3. Single Family Attached Residential Units DweZlin s units attached side by side with some structural s arts in common at a common property line on separate lots. f 4. Multiple Family Residential Units : A structure containing at least three (3) dwelling units in any vertical or horizontal arrangement located on a lot. 5. Group Residential Refers to the residential occupancy of living units by $ groups of more than five (5) persons who are not related by blood, marriage, or adoption, and where communal kitchen/dining facilities are provided. Typical uses include occupancy of retirement homes, boarding houses, cooperatives, and halfway houses, but excluding group care facilities as specified in (6) below. 6. Group are Residential f Refers to services provided in facilities authorized, certified, or licensed by the State to provide board, room, and provide care to seven or more physically disabled, mentally disordered, mentally natard d, handicapped f persons, dependents or neglected children; but excluding e — 61 k: o- those uses classified under hospitals . Typical uses include, intermediate care facilities and institutions for ?, the mentally retarded and physically handicapped. r 1 7. Children' s Day Care j Refers to services or facilities authorized, certified or k licensed by the State for children' s day care of six (6) or more children, for a period not to exceed twelve (12) hours per day . Children' s Day Care facilities with less than six (6) children is a home occupation. See Chapter 18. 138. e 8. Manufactured/Mobile Home Refers to a structure transportable in one or more f sections, each built on a permanent chassis, and which is designed to be used for permanent occupancy as a residential dwelling. B. Civic Use Types. Refers to the performance of utility, educational, recreational, cultural, protective, governmental, and other uses which are strongly vested with public or social importance. 1. Public Agency Administrative Refers to public consulting, record keeping, clerical, or public contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles, and excludes commercial use type, "Professional and Administrative Services." Typical use types are associated with governmental offices. 2. Community Recreation Refers to recreational, social, or multi-purpose uses typically associated with parks, playfields, golf courses, or community recreation buildings. 3 . Cultural Exhibits and Library Services Refers to museums, exhibition of objects in one or more of the arts and sciences, gallery exhibition or works of art, or library collection of books, manuscripts, etc. , for study and reading. 4. Public Support Facilities Refers to services which are necessary to support uses allowed outright in the underlying zone and involves only minor structures such as power lines and poles, phone booths, fire hydrants, as well as bus stops, benches, and mailboxes, which are necessary to support principal development. 1 62 - 5. Hospitals Refers to an institution where the ill or injured may receive medical, surgical or psychiatric treatment as well as nursing, food and lodging during their stay. 6. Lodge Fraternal and Civic Assembly Refers to meetings and activities primarily conducted for the members of a particular group. Excluded from this use type are uses classified as group residential, group care, and transient lodging (all types) . Typical uses include meeting places for civic clubs, lodges, or fraternal or veteran organizations. 7. Utilities Refers to services and utilities which have substantial visual impact on an area. Such uses may be permitted in any zoning district when the public interest supercedes the usual limitations placed on land use and transcends the usual restraints of the district for reasons of necessary location and community—wide interest. Typical places or uses are sanitary landfills, airports, detention and correction institutions, mass transit waiting stations or turnarounds, electrical and gas distribution substations, radio microwave, telephone transmitters, and cable TV receivers and transmitters. 8. Parkinq Facilities Refers to parking services involving garages and lots, and may exclude required parking lots within the same lot of record of a particular development or use. 9. Postal Services Refers to mailing services and processing as traditionally operated or leased by the United States Postal Service, United Parcel Service and other postal services. 10. Public Safety Facilities Refers to the providing of protection by a district or entity pursuant to Fire, Life, and Safety Code Sections together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire station, police stations, and ambulance services . 11 . Religious Assembly Refers to religious services involving public assembly such as customarily occurs in synagogues, temples, and churches . 63 — 10 12. Schools Refers to a public, private or parochial place or institution for teaching or learning. Typical uses include nursery, elementary, junior and senior high schools and related uses; excluding trade and business schools and colleges. Commercial Use Types. Commercial use types include the C. goods and the provision of distribution and sale or rental of services other than those classified as Civic Uses. 1. Adult Entertainment Refers to establishments or places of business engaged in the provision of books, magazines or other material distinguished or characterized by an emphasis on matters depicting specified sexual activities orpe ifses anatomical areas as defined in this Code. Typical include adult book stores, adult motion picture theaters and topless, bottomless or nude dance halls. See Section 18.26.030. 2. Agricultural Refers to sale from the premises of feed, grain, fertilizers, pesticides, and similar goods. Typical uses include nurseries, hay, feed, and grain stores. 3. Agricultural Services Refers to establishments or places of business engaged in the provision of agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include tree and lawn service firms. 4. Amusement Enterprise Refers to establishments or places primarily engaged in the provision of entertainment or recreation which require less personal physical activity than those uses included in indoor participant sports and recreation. Typical uses include billiard parlors, bowling alleys, arcades and electronic game room facilities or movie theaters. 5. Animal Sales and Services Refers to establishments or places of business primarily engaged in animal related sales and services . The following are animal sales and services use types: a. Animal Sales and Services : Auctioning_ Auctioning of livestock on a wholesale or retail basis with incidental storage of animals produced off property not exceeding a 48-hour period . Typical uses include animal auctions or livestock auction yards. 64 - i s E b. Animal Sales and Services: Grooming Grooming of dogs, cats, and similar small animals . Typical uses f include dog bathing and clipping salons or pet grooming shops. C. Animal Sales and Services: Kennels. Kennel services for dogs, cats, and similar small animals. Typical uses include boarding kennels or dog training centers. d. Animal Sales and Services: Veterinary (Large Animals) . Veterinary services for large animals. Typical uses include animal hospitals for large animals (horses, sheep) or veterinary hospitals for large animals. e. Animal Sales and Services: Veterinary (Small . Animals) . Veterinary services for small animals. . Typical uses include pet clinics, dog and cat hospitals, or animal hospitals for small animals. 6. Automotive and Equipment F Refers to establishments or places of business primarily engaged in motorized vehicle related sales or services. F The following are automotive and equipment use types: a. Automotive and Equipment: Cleaning. Washing and polishing of automobiles. Typical uses include auto laundries or car washes. b. Automotive and Equipment: Fleet Storage. Fleet storage of vehicles used regularly in business operation and not available for sale or long term storage of operating vehicles. Typical uses include taxi fleet, mobile—catering truck storage, or auto storage garages. C. Automotive and Equipment: Repairs, Heavy Equipment. Repair of trucks, etc. , as well as the sale, installation, or servicing of truck or automotive equipment and parts together with body repairs, painting, and steam cleaning. Typical uses include truck transmission shops, body shops, or motor freight maintenance groups . d. Automotive and Equipment: Repairs, Light Equipment. Repair of automobiles and the sale, installation, and servicing of automobile equipment and parts but excluding body repairs and painting. Typical uses include muffler shops, auto or motorcycle repair garages, or auto glass shops. a — 65 — e. Automotive and Equipment: Sales/Rentals, Farm Equipment. Sale, retail or wholesale, and/or rental from the premises of farm equipment together with incidental maintenance. Typical uses include farm equipment dealers. f. Automotive and Equipment:. Sales/Rentals Heavy Equipment. Sale, retail or wholesale, and/or rental from the premises of heavy construction equipment, trucks, and aircraft together with incidental maintenance. Typical uses include aircraft dealers, boat dealers, heavy construction equipment dealers, or tractor trailers . g. Automotive and Equipment: Sales/Rentals, Light Equi Ment.- Sale, retail or wholesale, and/or rental from the premises of autos, noncommercial trucks, motorcycles, motorhomes, and trailers with less than a 10,000 gross cargo weight together with incidental maintenance. Typical uses include automobile dealers, car rental agencies, or recreational vehicles sales and rental agencies. h. Automotive and Equipment: Storage, Nonoperating Vehicles. Storage of nonoperating motor vehicles. Typical uses include storage of private parking towaways or impound yards. ' i . Automotive and Equipment: Storage Recreational Vehicles and Boats. Storage of recreational vehicles and boats. Typical uses include the collective storage of personal recreational vehicles or boats. 7. Building Maintenance Services Refers to establishments primarily engaged in the provision of maintenance and custodial services. Typical uses include janitorial, landscape maintenance, or window cleaning services. 8. Business Equipment Sales and Services Refers to establishments or places of business primarily engaged in the sale, rental, or repair of equipment and supplies used by office, professional, and service establishments to the firms themselves rather than to individuals, but excludes automotive, construction, and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops, or hot-1 equipment and supply firms. 9 . Business Support Services Refers to establishments primarily engaged in the provision of service of a clerical, employment, protective, or minor 66 — processing nature to firms rather than individuals and _ where the storage of goods other than samples is prohibited. Typical uses include secretarial services, telephone answering services, or blueprint services. 10. Communications Services Refers to establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms but excludes those classified as Utilities. Typical uses include television studios, telecommunication service centers, or telegraph service offices . 11. Construction Sales and Services Refers to establishments or places of business primarily engaged in construction activities and incidental storage on lots other than construction sites as well as the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures, and hardware; but excludes those classified as one of the Automotive and Heavy Equipment use types. Typical uses include building materials stores, tool and equipment rental or sales, and building contracting/construction offices. 12. Consumer Repair Services Refers to establishments primarily engaged in the provision of repair services to individuals and households rather than firms, but excluding Automotive and Equipment use types. Typical uses include appliance repair shops, apparel repair firms, musical instrument repair firms and shoe repair shops. 13 . Convenience Sales and Personal Services Refers to small neighborhood oriented retail businesses (retail commercial and personal services) which provide for the daily needs of nearby residents . It includes uses which are intended for neighborhood grocery stores, drug stores, laund romats, dry cleaners, barber shops and beauty salons. 14. Eating and Drinking Establishments Refers to establishments or places of business primarily engaged in the sale of prepared food and beverages for on—premise consumption. Typical uses include: fast order food establishments with and without drive—up facilities and sit—down eating establishments, taverns, bars and lounges . 67 — 15. Explosive Storage Refers to the storage of any quantity of explosives in accordance with ORS 480. Typical uses include storage in the course of manufacturing, selling, or transporting explosives or in the course of blasting operations. 16. Financial Insurance and Real Estate Services Refers to establishments primarily engaged in the provision of financial, insurance, real estate, or securities brokerage services. Typical uses include banks, savings and loans, insurance agencies, or real estate firms. 17. Food and Beverage Retail Sales Refers to establishments or places of business primarily engaged in the retail sale of food and beverages for home consumption. Typical uses include groceries, delicatessens, or liquor stores, and excludes Eating and Drinking Establishments. 18. Funeral and Interment Services Refers to establishments primarily engaged in the provision of services involving the care, preparation, or disposition of human dead. The following are funeral and interment services use types: a. Funeral and interment Services: Cremating. Crematory services involving the purification and reduction of the human body by fire. Typical uses include crematories or crematoriums. I b. Funeral and Interment Services: Interring. Interring i services involving the keeping of human bodies other than in cemeteries. Typical uses include columbariums or mausoleums. C. Funeral and Interment Services: Undertaking. Undertaking services such as preparing the dead for burial and arranging and managing funerals. Typical uses include funeral homes or mortuaries. h d. Funeral and Interment Services: Cemeteries. @E 19. General Reta' Sales P F Refers to the sale or rental of commonly used goods, and ; merchandise for personal or household use, but excludes those classified as Agricultural Sales, Animal Sales and Services, Automotive and Equipment, Business Equipment Sales and Services, Construction Sales and Services, Food and Beverage Retail Sales, and Vehicle Fuel Sales . Typical 68 — a uses include department stores, apparel stores, furniture stores, pet stores or book stores . d � 20. Laundry Services Refers to establishments primarily engaged in the provision of laundering, dry cleaning, or dyeing services other than those classified as Conv� niience Steles and Personal Services, General. Typical uses include commercial laundry age' e, diaper services, or linen supply services, but excluding laundromats and dry cleaners . 21. Medical and Dental Services Refers to establishments primarily engaged in the provision of personal health services ranging from prevention, diagnosis and treatment, or rehabilitation services provided by physicians, dentists, nurses, and other health personnel as well as the provision of medical testing and analysis services, but excludes those classified as any f civic use or group residential/(group care) use types. Typical uses include medical offices, eye care offices, dental offices and laboratories, or health maintenance organizations. 21. Participant Sports and Recreation Refers to establishments or places primarily engaged in the provision of sports or recreation by and for participants. Any spectators would be incidental and on a nonrecurring basis. The following are participant sports and recreation use types: E a. Participant Sports and Recreation: Indoor. Those uses conducted totally within an enclosed building. Typical uses include: indoor tennis courts, racketball courts, swimming pools, or physical fitness centers. r b. Participant Sports and Recreation: Outdoor. Those f uses conducted in open facilities. Typical uses include driving ranges, miniature golf courses, tennis ' courts or swimming pools . 22. Personal Service Facilities Refers to establishments primarily engaged in the provision of informational, instructional, personal improvement, and similar services of nonprofessional nature but excludes services classified under Spectator Sports and Entertainment Facilities, Participant Sports and v Recreation, or Transient Lodging. Typical uses include photography studios, driving schools and trade schools or € reducing salons. - 69 — 23 . Professional and Administrative Services Refers to offices of private firms or organizations which - are primarily used for the provision of professional, executive, management, or administrative offices, legal offices, architectural or engineering firms. ch Services 24. Research E F r Refers to establishments primarily engaged in research of an industrial or scientific nature which is generally [ provided as a service or which is conducted by and for a private firm, but excludes medical testing and analysis. Typical uses include electronics research laboratories, x environmental research and development firms, or pharmaceutical research labs. 25. Scrap Operations a. Salvage. Refers to places of business primarily engaged in the storage, sale, dismantling, or other processing of used, source separated, or waste materials which are not intended for reuse in their original for-in. Typical uses include automotive wrecking yard, junk yards, or paper salvage yards. b. Recycling Collection Center. Refers to facilities where glass, cans and papers are collected for the purpose of being transferred to a paper salvage or recycling facility. 25. Spectator Sports a d Entertainmen acilities Refers to establishments or places primarily engaged in the provision of cultural, entertainment, athletic, and other events to spectators. Typical uses include convention centers and sport stadiums. 27. Transient Lodging Refers to establishments primarily engaged in the provision of lodging services on a temporary basis with incidental food, drink, and other sales and services intended for the convenience of guests. Typical uses include hotels, motels or bed and breakfast houses. 28. Vehicle Fuel Sales Refers to establishments or places of business primarily engaged in the retail sale, from the premises, of petroleum products with incidental sale of tires, batteries, and replacement items, lubricating services, and minor repair services . Typical uses include automobile service { stations, filling stations, or truck stops . 70 — k x k D Industrial Use 3_VPes_ Industrial use types include i^icul on-site x production of oods by methods not commercial, ag ral, or extractive in nature. 1. Light Industrial a. Manufacturing of Finished Products Refers to the manufacturing of finished products from previously prepared materials (excluding raw materials) . g b. Packaging and Processing. 1) Refers to the production, processing, assembling, packaging, or treatment of f products front previously processed materials; or F 2) Production, processing, assembling, and packaging of finished products from previously prepared materials. C. Wholesale Storage, and Distribution. Refers to establishments or places of business primarily engaged ndling of in wholesaling, equipment distribution, and handling � other than live animals and plants. The following are wholesaling, storage, and distribution use types: 1) Wholesaling, Storage, and Distribution: Mini-Warehouses. Storage and warehousing service within a building(s) primarily for individuals to store personal effects and by businesses to store materials for operation of an industrial or commercial enterprise located elsewhere. a Incidental uses in a mini-warehouse may include the repair and maintenance of stored materials by the tenant, but in no case may storage spaces in a mini-warehouse facility function as an independent retail, wholesale, business, or service use. f 't b) Spaces shall not be used for workshops, hobbyshops, manufacturing, or similar uses and human occupancy of said spaces shall be limited to that required to transport, arrange, and maintain stored materials. 71 - 4 2) Wholesaling Storage and Distribution: Light_. Wholesaling, storage, and warehousing services t' within enclosed structures. Typical uses include wholesale distributors, storage warehouses, or moving and storage firms. i 2. Heavy Industrial Refers to the a. Manufacturing of Finished Products. Refers to the manufacturing, processing, or assembling of semi—finished or finished products from raw materials. b. Wholesaling Storage, and Distribution: Heavy._ Refers to open—air storage, distribution, and handling of materials and equipment. Typical uses include monument or stone yards, or grain elevators. k F f E 3. P c a T k F 4 i i t 1 t iF t i 72 — 18.43 UNLISTED USES• AUTHORIZATION OF SIMILAR USES -- � - 18.43.010 Purpose A. It is not possible to contemplate all of the various uses which will be compatible within a zoning district. Therefore, unintentional omissions occur. B. The purpose of these provisions is to establish a procedure for determining whether certain specific uses would have been permitted in a zoning district had they been contemplated and whether such unlisted uses are compatible with the listed uses. 18.43.020 Definition c k. An unlisted use is a use which is not listed as either a use permitted outright or a conditional use in a particular zone. � 18.43.030 Administration The Director shall maintain a list by zoning district of approved unlisted uses and the list shall have the same affect as an amendment to the use provisions of the applicable zone. 18.43.040 Limitation t A. The Director shall not authorize an unlisted use in a zoning r district if the use is specifically listed in another zone as either a permitted use or a conditional use. B. The decision of the Director may be appealed in accordance with . Section 18.32.260(A) . Y 18.43.050 Approval Standards A. Approval or denial of an unlisted use application by the Director shall be based on findings that: 1. The use is consistent with the Comprehensive Plan; } 2. The use is consistent with the intent and purpose of the applicable zoning district; 3 . The use is similar to and of the same general type as the uses listed in the zoning district; 4. The use has similar intensity, density and off-site impacts as the uses listed in the zoning district; and 5. The use has similar impacts on the community facilities as the listed use. i _ a 73 - 18.44. R-1 (30,000 square feet) SINGLE FAMILY RESIDENTIAL 4 18 44 010 Purpose F The purpose of the R-1 x -ning district is to preserve areas developed with lots of 30,000 square feet or greater. s 18.44.020 Procedures and Approval Process A. A use permitted outright, Section 18 .44.030, is a use which requires no approval under the provisions of this Code. If a z use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 f (UNLISTED USES). i f B. A conditional use, Section 18.44.040, is a use the approval of F which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 3 18.130 (CONDITIONAL USES) . If a use is not listed as a g conditional use, it may be held to be a similar unlisted use 7 under the provisions of Chapter 18.43 (UNLISTED USES) . 18.44.030 Permitted Uses r i A. Single family detached residential dwelling units B. Public support facilities z x 18.44.040 Conditional Use (Chapter 18.130) A. Children's Day Care B. Community recreation, including structures C. Group Care Residential / �i F D. Utilities E. Public safety facilities F. Schools and related facilities G. Religious assembly H. Accessory dwelling unit 18 44 050 Dimensional Requirements A. The minimum lot area shall not be less than 30,000 square feet. B. The average minimum lot width shall not be less than 100 feet. C. The minimum setback requirements are as follows: / 1. The front yard setback shall be a minimum of 30 feet. 74 — 2. On corner and through lots, the minimum setback for each side facing a street shall be a minimum of 20 feet, _. however, the provisions of 18. 109 (VISUAL CLEARANCE) must be satisfied. 3. The side yard setback shall be a minimum of 5 feet. 4. The rear yard setback shall be a minimum of 25 feet. 5. The distance between the property line and the front of the garage shall be a minimum of 20 feet. D. Except as otherwise provided in Chapter 18. 105 (BUILDING HEIGHT LIMITATIONS), no building in an R-1, zoning district shall exceed 30 feet in height. 18.44.060 Additional Requirements A. Off-street parking and loading, Chapter 18. 111 B. Access and egress, Chapter 18.112 C. Landscaping and Screening, Chapter 18. 106 D. Signs, Chapter 18 . 118 E. Nonconforming Situation Chapter 18. 132 F. Accessory Uses and Structures, Chapter 18.139 e G. Home Occupations, Chapter 18. 138 H. Temporary Uses, Chapter 18. 137 I. Sensitive Lands, Chapter 18.84 r - 75 - 18.46. R-2 (20,000 square feet) SINGLE FAMILY RESIDENTIAL 18.46.010 Purpose The purpose of the R-2 zoning district is to preserve areas developed with lots of at least 20,000 square feet, and to provide for large lot development. 18.46.020 Procedures and Approval Process A. A use permitted outright, Section 18.46.030, is a use which requires no approval under the provisions of this Code. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . B. A conditional use, Section 18 .46.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18. 130 (CONDITIONAL USES). If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . 18.46.030 Permitted Uses A. Single family detached residential units, one dwelling per lot E B. Public support facilities f 18.46.040 Conditional Uses (Chapter 18. 130) s A. Children's Day Care i B. Comm on, �Jlcl uding structures C. oup Care Resident' ae- D. Utilities E. Public safety facilities F. Schools and related facilities G. Religious assembly H. Accessory dwelling unit 18.46.050 Dimensional Requirements A. The minimum lot area shall not be less than 20,000 square feet. f B. The average minimum lot width shall not be less than 100 feet. C. The minimum setback requirements are as follows: 1 1 . The front yard setback shall be a minimum of 30 feet. 76 - s e a 2. On corner and through lots, the minimum setback for each side facing a street shall be a minimum of 20 feet, however, the provisions of 18 . 109 (VISUAL CLEARANCE) must also be satisfied. 3. The side yard setback shall be a minimum of 5 feet. 4. The rear yard setback shall be a minimum of 25 feet. 5. The distance between the property line and the front of the garage shall be a minimum of 20 feet. D. Except as otherwise provided in Chapter 18. 105 (BUILDING HEIGHT LIMITATIONS), no building in an R-2, zoning district shall exceed 30 feet in height. 18.46.060 Additional Requirements A. Off—street parking and loading, Chapter 18. 111 B. Access and egress, Chapter 18. 112 C. Landscaping and screening, Chapter 18. 106 D. Signs, Chapter 18. 118 E. Nonconforming situations, Chapter 18.132 �. F. Accessory Uses and Structures, Chapter 18. 139 G. Home occupations, Chapter 18.138 H. Temporary uses, Chapter 18. 137 I. Sensitive lands, Chapter 18.89 77 — 18.48. R-3 .5 (10,000 square feet) SINGLE FAMILY RESIDENTIAL 18.48.010 Purpose The purpose of the R-3.5 zoning district is to establish large urban residential home sites, one dwelling unit per lot. 18 48 020 Procedures and Approval Process A. A use permitted outright, Section 18.48.030, is a use which requires no approval under the provisions of this Code. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18 .43 (UNLISTED USES) . B. A conditional use, Section 18.48.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130 (CONDITIONAL USES) . If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES). 18.48.030 Permitted Uses A. Single family detached B. Public support facilities 18 48 040 Conditional Uses (Chapter 18. 130) A. Children's Day Care B. Community recreation, including structures C. Group Care Residentia 41 D. Cultural exhibits and Library services E. Duplex residential units F. Funeral and Interment Services: Interring and Cemeteries G. Hospitals H. Utilities I. Mobile Home Parks and subdivisions, Chapter 18.94 J. Public safety facilities K. Religious assembly L. Schools and related facilities M. Accessory dwelling units — 78 — !0.48.050 Dimensional Requirements A. The minimum lot area shall not be less than 10,000 square feet. B. The average minimum lot width shall not be less than 65 feet. C. The minimum setback requirements are as follows: 1 . The front yard setback shall be a minimum of 20 feet. 2. 0n corner and through lots, the minimum setback for each side facing a street shall be a minimum of 20 feet, however, the provisions of 18. 109 (VISUAL CLEARANCE) must also be satisfied. 3 . The side yard setback shall be a minimum of 5 feet. 4. The rear yard setback shall be a minimum of 15 feet. 5. The distance between the property line and the front of the garage shall be a minimum of 20 feet. D. Except as otherwise provided in Chapter 18. 105 (BUILDING HEIGHT LIMITATIONS), no building in an R-3 .5 zoning district shall exceed 30 feet in height. 18 48 060 Additional Requirements A. Off-street parking and loading, Chapter 18. 111 B. Access and egress, Chapter 18. 112 C. Landscaping and screening, Chapter 18. 106 D. Signs, Chapter 18. 118 E. Nonconforming situations, Chapter 18. 132 F. Accessory uses and structures, Chapter 18.139 G. Home occupations, Chapter 18. 138 H. Temporary uses, Chapter 18.137 I. Sensitive lands, Chapter 18.84 79 - 18 50 R-4.5 (7,500 square feet) SINGLE FAMILY RESIDENTIAL (5,000) square feet duplex) 'r 18.50.010 Purpose The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. 18.50.020 Procedures and Approval Process A. A use permitted outright, Section 18.50.030, is a use which requires no approval under the provisions of this Code. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES). B. A conditional use, Section 18.50.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18. 130 (CONDITIONAL USES). If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . 18.50.030 Permitted Uses A. Single family detached residential units B. Public support facilities 18.50.040 Conditional Uses (Chapter 18. 130) A. Children' s Day Care B. Community recreation, including structures C. Cultural exhibits and Library services �1 D. roup Care Residential N`4.) c E. Mobile Home Parks and Subdivisions F. Duplex residential units G. Funeral and Interment Services: Interring and Cemeteries H. Hospitals I. Utilities J. Public safety facilities K. Religious assembly ( L. Schools and related facilities M. Accessory dwelling units 80 — 18.50.050 Dimensional Requirements. AThe minimum lot area shall be: _) 1. 7,500 square feet fro detached units; and 2. 5,000 square feet for duplex units. The average minimum lot width shall be: t 1, 50 feet for detached units; and 2. 45 feet for duplex units. C. The minimum setback requirements are as follows: 1. The front yard setback shall be a minimum of 20 fee's. 2. On corner and through lots, the t be manimum minimum setback 5or feet., side facing a VISUAL however, the provisions of Chapter 18.109 CLEARANCE) must be satisfied. 3 . The side yard setback shall be a minimum of 5 feet. 4. The rear yard setback shall be a minimum of 15 feet. 5. The distance between the property line and the front of the garage shall be a minimum of 20 feet. DExcept as otherwise provided in Chapter 18.105 (U LtD iNt Hshall EIGHT LIMITATIONS), no building in an R-4.5 zoning exceed 30 feet in height. 18.50.060 Additional Re uirements A. Off-street parking and loading, Chapter 18. 111 B. Access and egress, Chapter 18.112 C. Landscaping and screening, Chapter 18 . 106 D. Signs, Chapter 18 .118 E. Nonconforming situations, Chapter 18. 132 F. Accessory uses and structures, Chapter 18.139 G. Home occupations, Chapter 18. 138 H. Temporary uses, Chapter 18 .137 I. Sensitive lands, Chapter 18.84 - 81 - 18.52. R-7 (5,000 square feet detached) SINGLE FAMILY RESIDENTIAL (3,050 square feet attached 18.52.010 Purpose The purpose of the R-7 zoning district is to establish sites for single family detached and attached units for medium density residential developments. 18.52.020 Procedures and Approval Process A. A use permitted outright, Section 18.52.030, is a use which requires no approval under the provisions of this Code. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . B. A conditional use, Section 18.52.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18. 130 (Conditional Uses) . If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . 18.52.030 Permitted Uses A. Single family detached residential units, one dwelling per lot t, B. Single family attached residential units, one dwelling per lot with no more than 5 attached units in one grouping C. Duplex residential units D. Public support facilities E. Mobile Home Parks and subdivisions, Chapter 18.94 18.52.040 Conditional Uses (Chapter 18. 130) A. Children' s Day Care B. Community recreation, including structures C. Cultural exhibits and Library services D. Group Care Resident' d� E. Funeral and Interment Services: Interring and Cemeteries F. Hospitals G. Utilities H. Public safety facilities - 82 - f r I. Religious assembly J. Schools and related facilities t ti K. Accessory dwelling units 18 52 050 Dimensional Requirements F A. The minimum lot area shall be: 1. 5,000 square feet for detached units; and x 2. 3,050 square feet for attached units. f B. The average minimum lot width shall be: 1. 50 feet for detached unit lots; and 2. 30 feet for attached unit lots. C. The maximum lot coverage shall be 40 percent. D. The minimum setback requirements are as follows: 1 . The front yard setback shall be a minimum of 15 feet. 2. On corner and through lots, the minimum setback for each =' side facing a street shall be 10 feet, however, the provisions of Chapter 18. 109 (VISUAL CLEARANCE) must be satisfied. f.' 3. The side yard setback shall be a minimum of 5 feet except " this provision shall not apply to attached units on the lot line on which the units are attached. k 4. The rear yard setback shall be a minimum of 15 feet. 5. Where the side yard or rear yard of single family attached residential dwellings abut a more restrictive zoning district, such setbacks shall not be less than 30 feet. 6. The distance between the property line and the front of the garage shall be a minimum of 20 feet. E. Except as otherwise provided in Chapter 18. 105 (BUILDING HEIGHT _ LIMITATIONS), no building in an R-7 zoning district shall exceed 35 feet in height. F. The minimum landscape requirement shall be 20%. ,�1/�'a'✓ Y,' C 18 52.060 Additional Requirements A. Off—street parking and loading, Chapter 18. 111 83 — a' E` r E f f B. Access and egress, Chapter 18. 112 a C. Landscaping and screening, Chapter 18. 106 D. Signs, Chapter 18. 118 E. Nonconforming situations, Chapter 18 .132 [ a F. Accessory Uses and Structures, Chapter 18 . 139 G. Home occupations, Chapter 18. 138 H. Temporary uses, Chapter 18 . 137 Y 6 I. Sensitive lands, Chapter 18.84 s t g r t f "r z s i F e r{ f F z E r i ' S l P E `r 6 84 — B. Access and egress, Chapter 18. 112 C. Landscaping and screening, Chapter 18. 106 D. Signs, Chapter 18. 118 E., Nonconforming situations, Chapter 18. 132 F. Accessory Uses and Structures, Chapter 18. 139 K_ G. Home occupations, Chapter 18. 138 H. Temporary uses, Chapter 18. 137 s I. Sensitive lands, Chapter 18.84 ; y k i l: T 4 i' jQQ q5 3 2 5 q qti 3 R t' t C F (r t 4 ^- h 84 — 18 54 R-12 (12 units per acre) MULTIPLE FAMILY RESIDENTIAL ( 18.54.010 P�:rpose - The purpose of the R-12 zoning district is to provide for single family attached and multiple family residential units for medium density residential development. 18 54 020 Procedures and Approval Process A. A use permitted outright, Section 18.54.030, is a use which requires no approval under the provisions of this Code. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . B. A conditional use, Section 18.54.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130 (CONDITIONAL USES) . If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . 18.54.030 Permitted Uses A. Single family detached residential units B. Duplex residential units C. Single family attached residential units D. Multiple family dwellings residential units E. Group care residential F. Mobile home parks and subdivisions G. Public support services 18 54 040 Conditional Uses (Chapter 18. 130) A. Community recreation, including structures B. Religious assembly C. Schools, and related facilities D. Utilities E. Group residential F. Parking facilities C - 85 - G. Hospitals H. Lodge, fraternal and civic assembly 18 54 050 Dimensional Requirements A. The minimum lot size shall not be less than 3,050 square feet per unit. B. There is no minimum lot width requirement. C. The minimum setback requirements are as follows: 1. The front yard setback shall be a minimum of 20 feet. 2. On corner and through lots, the minimum setback for each side facing a street shall be 20 feet, however, the provisions of Chapter 18. 109 (VISUAL CLEARANCE) must be satisfied. 3. The side yard setback shall be a minimum of 10 feet. 4. The rear yard setback shall be a minimum of 20 feet. 5. Where the side yard or rear yard of attached or multiple family dwellings abut a more restrictive zoning district, such setbacks shall not be less than 30 feet. 6. The distance between the property line and the front of the garage shall be a minimum of 20 feet. D. Except as otherwise provided in Chapter 18.105 (BUILDING HEIGHT LIMITATIONS), no building in an R-12 zoning district shall exceed 35 feet in height. E. The maximum lot coverage shall be 60 percent. F. The minimum landscape requirement shall be 20%. 18 54 060 Additional Requirements A. Off—street parking and loading, Chapter 18. 111 B. Access and egress, Chapter 18. 112 C. Landscaping and screening, Chapter 18. 106 D. Signs, Chapter 18. 118 E. Nonconforming situations, Chapter 18.132 F. Accessory use and structures, Chapter 18. 139 06 — G. Home occupations, Chapter 18. 138 H. Temporary uses, Chapter 18. 137 I. Sensitive lands, Chapter 18.84 l 1 — 87 — 18 56 R-20 (20 units per acre) MULTIPLE FAMILY RESIDENTIAL 18 56 010 Purpose The purpose of the R-20 zoning district is to provide for single family attached and low and medium rise multiple family residential units for medium—high density residential development. 18 56 020 Procedures and Approval Process A. A use permitted outright, Section 18.56.030, is a use which requires no approval under the provisions of this Code. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . B. A conditional use, Section 18.56.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130 (CONDITIONAL USES) . If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . 18.56.020 Permitted Uses A. Single family detached residential units B. Duplex residential units C. Single family attached residential units D. Multiple family dwellings E. Group care facilities F. Mobile home parks and subdivisions G. Public support services 18 56 040 Conditional Uses (Chapter 18. 130)- A. Community recreation, including structures B. Religious assembly C. Schools, and related facilities D. Utilities E. Group residential F. Parking facilities t Nola NINE — 88 — G G. Hospitals H. Lodge, fraternal and civic assembly 18 56 050 Dimensional Requirements A. The minimum lot size shall not be less than 1,850 square feet per unit. B. There is no minimum lot width requirement. C. The minimum setback requirements are as follows: 1. The front yard setback shall be a minimum of 20 feet. 2. On corner and through lots, the minimum setback for each side facing a street shall be 20 feet, however, the provisions of Chapter 18. 109 (VISUAL CLEARANCE) must be satisfied. 3. The side yard setback shall be a minimum of 10 feet. 4. The rear yard setback shall be a minimum of 20 feet. 5. Where the side yard or rear yard of attached or multiple family dwellings abut a more restrictive zoning district, such setbacks shall not be less than 30 feet. 6. The distance between the property line and the front of the garage shall be a minimum of 20 feet. D. Except as otherwise provided in Chapter 18. 105 (BUILDING HEIGHT LIMITATIONS), no building in an R-20 zoning district shall exceed 45 feet in height. E. The maximum lot coverage shall be 60 percent. CC, F. The minimum landscape requirement shall be 20%. ®� 18 56 060 Additional Requirements A. Off—street parking and loading, Chapter 18 . 111 B. Access and egress, Chapter 18. 112 C. Landscaping and screening, Chapter 18. 106 D. Signs, Chapter 18 . 118 E. Nonconforming situation, Chapter 18. 132 F. Accessory use and structures, Chapter 18. 19 — 89 — G. Nome occupations, Chapter 18. 138 H. Temporary uses, Chapter 18. 137 i. Sensitive lands, Chapter 18.84 90 - r� e z 18 58 R-40 (40 units per acre) MULTIPLE FAMILY RESIDENTIAL s k 18 58 010 Purpose The purpose of the R-40 zoning district is to provide for medium F and high rise multiple family residential units in high density Y residential developments. 18 58 020 Procedures and Approval Process A. A use permitted outright, Section 18.58.030, is a use which requires no approval under the provisions of this Code. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . B. A conditional use, Section 18.58.040, is a use the approval of k which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130 (CONDITIONAL USES) . If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . r 18.58.030 Permitted Uses A. Single family detached residential units B. Duplex residential units C. Single family attached residential units D. Multiple family dwellings residential units 1, E. Group residential F. Group care residential sa; G. Mobile home parks and subdivisions kr H. Public support services 18 58 040 Conditional Uses (Chapter 18. 130) _ A. Community recreation, including structures rs. B. Religious assembly C. Schools and related facilities D. Utilities 'V E. Parking facilities 91 — 7 F. Hospitals F t G. Lodge, fraternal and civic assembly 18 58 050 Dimensional Requirements A. There is no minimum lot area per unit. Q/ B. There is no minimum lot width requirement. C. The minimum setback requirements are as follows: 1. The front yard setback shall be a minimum of 20 feet. 2. On corner and through lots, the minimum setback for each side facing a street shall be 20 feet, however, the provisions of Chapter 18. 102 (VISUAL CLEARANCE) must be i satisfied. P 3. The side yard setback shall be a minimum of 10 feet, except as provided in subsection (5) . 4. The rear yard setback shall be a minimum of 20 feet, except as provided in subsection (5) . 5. Where the side yard or rear yard of attached or multiple family dwellings abut a more restrictive zoning district, such setbacks shall not be less than 35 feet. 6. Front of garage to property line abutting a public or private street shall not be less than 20 feet. D. Except as otherwise provided in Chapter 18 . 105 (BUILDING HEIGHT LIMITATIONS), no building in an R-40 zoning district shall exceed 60 feet in height. t E. The maximum lot coverage shall be 80 percent. F. The minimum landscape requirement shall be 209 . i 18.58 060 Additional Requirements A. Off—street parking and loading, Chapter 18. 111 B. Access and egress, Chapter 18 . 112 ? C. Landscaping and screening, Chapter 18.106 D. Signs, Chapter 18. 118 f r E. Nonconforming situations, Chapter 18. 132 F. Accessory uses and structures, Chapter 18. 139 — 92 — G. Home occupations, Chapter 18. 138 H. Temporary uses, Chapter 18. 137 I. Sensitive lands, chapter 18.84 — 93 — 18 60 C—N (NEIGHBORHOOD COMMERCIAL DISTRICT] 18 60 010 Purpose The purpose of the C—N zoning district is to provide convenience goods and services within a cluster of stores. Convenience goods are goods which are bought frequently, at least weekly, and for which people do not engage in comparison shopping. The uses permitted in the neighborhood center include convenience markets, beauty shops, barber shops and repair shops. The range of uses is limited to those uses which can be sustained by a limited trade area. 18 60 020 Procedures and Approval Process A. A use permitted outright, Section 18.60.030, is a use which requires no approval under the provisions of this Code. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . B. A conditional use, Section 18.60.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130 (CONDITIONAL USES) . If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . 18.60.030 Permitted Uses A. Civic Use Types 1. Public agency administrative services 2. Cultural exhibits and library services 3 . Public support facilities 4. Postal Services 5. Public safety services B. Commercial Use Types 1. Consumer repair services S 2. Convenience sales and personal services 3 . Day Care Facilities Financia , insurance and real estate services 5. Food and beverage retail sales 6. Medical and dental services 7. Participant sports and recreation a. Indoor 8 . Professional and administrative services C. Residential Use Types 1. Multiple dwellings as a mixed use in conjunction with a commercial development, only above the first floor of the structure. 94 _ 18.60.040 Conditional Use Sections 18. 130) A. Eating and drinking establishments B. Vehicle Fuel sales C. Hospitals D. Lodge, fraternal and civic assembly E. Utilities F. Parking services G. Religious assembly and accessory uses 18 60 045 Special Limitations on Uses A. Activity of use is conducted wholly within an enclosed structure, except as allowed in subsection (C) below. B. No use shall have a gross floor area greater than 4,000 square feet. C. Accessory open air sales/display/storage shall be permitted for horticultural and food merchandise only and shall constitute no more than 5% of the gross building floor area of any individual establishment. D. Uses operating before 7:00 A.M. and after 10:00 P.M. shall be subject to the Conditional Use provisions, Chapter 18. 130. 18 60 050 Dimensional Lot Requirements A. The minimum lot size shall be 5,000 square feet. B. The minimum lot width shall be 50 feet. C. The minimum setback requirements are as follows: 1 . The front yard setback shall be 50 feet. 2. On corner lots and through lots, the setback shall be 50 feet on any side facing a street, however, the provisions of Chapter 18. 102 (Visual Clearance) must be satisfied. 3. No side yard setback shall be required, except 20 feet shall be required where the C—N zone abuts a residential zoning district. 4. No rear yard setback shall be required except 20 feet shall be required where the C-N zone abuts a residential zoning district. l 95 — t f t{ 5, All building separations shall meet all Uniform Building Code requirements. t t D. Except as otherwise provided in Section 18. 105 (BUILDING HEIGHT I LIMITATIONS), no building in the C-N zoning district shall exceed 35 feet in height. i. E. The maximum site coverage shall be 85 percent. 18 60 060 Additional Requirements A. Off-street parking and loading, Chapter 18. 111 B. Access and Egress, Chapter 18. 112 C. Landscaping and Screening, Chapter 18 .106 D. Signs, Chapter 18. 118 E. Nonconforming Situations, Chapter 18.132 F. Sensitive Lands, Chapter 18.84 h - 96 - 18.62. C-G (GENERAL C0MMERCIAL DISTRICT) 18.62.010 Purpose A. The purpose of the General Commercial areas is to provide for major retail goods and services. 1. The uses classified as general commercial may involve drive-in services, large space users, a combination of retail, service, wholesale and repair services or provide services to the traveling public. 2. The uses range from automobile repair and services, supply and equipment stores, vehicle sales, drive-in restaurants to laundry establishments. 3. It is intended that these uses be adjacent to an arterial or major collector street. 18.62.020 Procedures and Approval Process A. A use permitted outright, Section 18.62.030, is a use which requires no approval under the provisions of this code. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . B. A conditional use, Section 18.62.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18. 130, (CONDITIONAL USES). If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . 18.62.030 Permitted Uses A. Civic Use Types 1. Public agency administrative services 2. Cultural exhibits and library services 3. Public support facilities 4. Lodge, fraternal and civic assembly 5. Parking services 6. Postal services 7. Public safety facilities B. Commercial Use Types 1. Agricultural Sales 2. Amusement enterprises 3 . Animal sales and services a. Grooming b. Veterinary: small animals - 97 - 4. Automotive and equipment a. Cleaning b. Repairs: light equipment (, 5. Business support services g 6. Convenient sales and personal services 7. Da acilit' s 8. ating and drinking establishments 9. Financial, insurance and real estate services 10. Food and beverage retail sales 11 . Funeral and interment services: a. Cremating b. Undertaking 12. General retail sales 13 . Medical and dental services 14. Participation sports and recreation: a. Indoor b. Outdoor 15. Personal services: general 16. Professional and administrative services 17. Consumer Repair services 18 . General retail sales 19. Spectator sports and entertainment facilities 20. Transient lodging C. Residential Use Types 1. Multiple dwellings: As a mixed use in conjunction with commercial development, only above the first floor or the structure. 18 62 040 Conditional Use (Section 18.130) A. Adult Entertainment B. Automotive and equipment 1 . Fleet storage 2. Sales/Rental: farm equipment 3 . Sales/Rental: heavy equipment 4. Sales/Rental: light equipment 5. Storage: recreational vehicles and boats C. Wholesaling, storage and distribution 1 . Mini-warehouses D. Utilities E. Heliports, in accordance with the Aeronautics Division (ODOT) and the FAA F. Hospitals G. Spectator sport facilities H. Vehicle fuel sales - 98 - tir 18 62 050 Dimensional Requirements A. There is no minimum lot area required. B. The average minimum lot width shall be 50 feet. C. The minimum setback requirements are as follows: 1 . The front yard setback shall be 10 feet. 2. On corner lots and through lots, the setback shall be 20 feet on any side facing a street, however, the provisions of Chapter 18. 109 (VISUAL CLEARANCE) must be satisfied. 3 . No side yard setback shall be required, except 20 feet shall be required where the C—G zone abuts a residential zoning district. 4. No rear yard setback shall be required, except 20 feet shall be required where the C—G zone abuts a residential zoning district. D. Except as otherwise provided in Chapter 18. 105 (BUILDING HEIGHT LIMITATIONS) no building in a C—G zone shall exceed 45 feet. E. The maximum site coverage shall be 85 percent. 18 62 060 Additional Requirements A. Off—street parking loading, Chapter 18.111 B. Access and Egress, Chapter 18. 112 C. Landscaping and Screening, Chapter 18.106 D. Signs, Chapter 18. 118 E. Nonconforming Situations, Chapter 18 . 132 F. Sensitive Lands, Chapter 18.84 99 — J 18.64. C—P (PROFESSIONAL ADMINISTRATIVE OFFICE COMERCIAL DISTRICT 18.64.010 Purpose A. The purposes of the C—P zoning district is: 1 . To provide for groups of business and offices in centers; 2. To accommodate the location of intermediate uses between residential districts and areas of more intense development; 3 . To provide opportunities for employment and for business and professional services in close proximity to residential neighborhoods and major transportation facilities; 4. To expand the City' s economic potential; 5. To provide a range of compatible and supportive uses; and 6. To locate office employment where it can support other commercial uses. B. The trade area will vary and may extend outside the community. This zone is intended to implement the policies and criteria set forth in the comprehensive plan. 18.64.020 Procedures and Approval Process A. A use permitted outright, Section 18.64.030, is a use which requires no approval under the provisions of this code. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . B. A conditional use, Section 18.64.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 1.8. 130 (CONDITIONAL USES) . If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . 18.64.030 Permitted Uses A. Civic Use Types 1 . Public agency administrative services 2. Cultural exhibits and library services 3 . Public support facilities 4. Lodges, fraternal and civic assembly 5. Parking services 6. Postal services 7. Public safety services 100 - B. Commercial Use Types I . Animal sales and services a. Grooming b. Veterinary: small animals 2. Building maintenance services 3 . Business equipment sales and services 4. Business support services 5. Communication services 6. Convenient sales and personal services (not to exceed 10% of the total square footage within the office complex) 7. Day Care Facilities 8. -ting an rin ing establishments (not to exceed 10% of total square footage within the office complex) 9. Financial, insurance and real estate services 10. Medical and dental services 11. Participation sports and recreation: a. Indoor b. Outdoor (not to exceed 10% of the total square footage within the office complex) 12. Personal services: general 13. Professional and administrative services 14. Research services C. Residential Use Types 1. Multiple family residential units as a mixed use in conjunction with a commercial development, only above the V second floor of the structure. D. Transient lodging/Restaurant (on the same parcel) . 18 64 030 Conditional Use (Section 18. 1301 A. Heliports, in accordance with the Aeronautics Division (ODOT) and FAA B. Hospitals C. Utilities D. Transient Lodging zoq, C-�-SQ- g _ 18. 050 050 Dimensional Requirements A. The minimum lot area shall be 6,000 square feet. B. The average minimum lot width shall be 50 feet. C. The minimum setback requirements are as follows: 1 . The front yard setback shall be 10 feet. 101 - 14 2. On corner lots and through lots, the setback shall be 15 feet on any street facing a street, however, the provisions of Chapter 18. 109 (VISUAL CLEARANCE) must be satisfied. 3 . No side yard setback shall be required except 20 feet shall be required where the C-P zone abuts a residential zoning district. 4. No rear yard setback shall be required except 20 feet shall be required where the C-P zone abuts a residential zoning district. 5. All building separc ' _,)ns shall meet all Uniform Building Code requirements. D. Except as otherwise provided in Chapter 18. 105 (BUILDING HEIGHT LIMITATIONS) no building in the C-P zoning district shall exceed 45 fe-t in height. � E. The maximum site coverage shall be 85 percent. t,� 18.64 060 Additional Requirements A. Off-street parking and loading, Chapter 18. 111 B. Access and Egress, Chapter 18 . 112 C. Landscaping and Screening, Chapter 18. 106 D. Signs, Chapter 18. 118 E. Nonconforming Situations, Chapter 18. 132 F. Sensitive Lands, Chapter 18.84 102 - i aiming i 18 66 CBD (CENTRAL BUSINESS DISTRICT i 18 66 010 Purpose t The purpose of the CBD zoning district is to provide for a concentrated, central commercial office and retail area which also provides civic, high density residential and mixed uses. 18 66 020 Procedures and Approval Process A. A use permitted outright, Section 18.66.030, is a use which requires no approval under the provisions of this code. If a E use is not listed as a use permitted outright, it may be held to `s be a similar unlisted use under the provisions of Chapter 18.43 (Unlisted Uses) . B. A conditional use, Section 18.66.040, is a use the approval of which is discretionary with the Hearings officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Uses. If a use is not listed as a conditional use, it may be held to be a similar unlisted use a under the provisions of Chapter 18.43 (Unlisted Uses) . 18.66.030 Permitted Uses A. Civic Use Types 1 . Civic services 2. Community Recreation 3 . Cultural exhibits and library services 4. Lodges, fraternal and civic assembly 5. Parking services 6. Postal services 7. Public agency administrative services 8. Public safety services 9. Public support facilities B. Commercial Use Types 1. Amusement Enterprises 2. Animal sales and services a. Grooming b. Veterinary: small animals 3 . Automotive and Equipment a. Cleaning b. Repairing: light equipment 4. Building maintenance services i 5. Business equipment sales and services 6. Business support services 7. Communication services 8 . Convenient sales and personal services jr 9. Eating and drinking establishments 10. Financial, insurance and real estate services 11 . Food and beverage sales 12. Medical and dental services - 103 — z-. 13 . Participation sports and recreation: a. Indoor b. Outdoor 14. Personal services: general 15. Professional and administrative services 16. Repair services: consumer 17. Retail sales: general 18. Transient lodging C. Residential Use Types (See R-40 for development standards) 1 . Single family attached residential units 2. Multiple family residential units 18 66 040 Conditional Use (Section 18. 130) A. Adult Entertainment B. Automotive and equipment sales/retail, light equipment C. Day a Facilities D. ilities E. Heliports, in accordance with the Aeronautics Division (ODOT) and the FAA F. Hospitals G. Spectator sport and entertainment facilities H. Group care reside is I. Vehicle Fuel Sales J. Wholesale, storage and distribution 2-----Light 18 66 050 Dimensional Requirements A. There are no minimum lot area or lot width requirements. 1�f � B. There are no minimum lot width requirements. .�Y �►`r` `'o �%A L� C. There are no setback requirements, except 30 feet where abuti"9g a residential zoning district. D. Except as otherwise provided in Section 18 . 105 (BUILDING HEIGHT LIMITATIONS), no building in the CBD zone shall exceed 80 feet in height. E. The maximum height of any building in the CBD zone within 100 feet of any residential zoning district shall not exceed 40 feet. F. The maximum site coverage shall be 85 percent. v 18.66.080 Additional Requirements A. Off-stroet parking and loading, Chapter 18 . 111 B. Access and egress, Chapter 18. 112 - 104 - C. Landscaping and screening, Chapter 18.106 D. Signs, Chapter 18. 118 E. Nonconforming Situations, Chapter 18. 132 F. Sensitive Lands, Chapter 18.84 t k l' yy E 3 s� 5 f S t i i 1 t f i i _ t i t t jt G E 105 — s 18.68. I-P (INDUSTRIAL PARK DISTRICT) ( 18.68.010 Purpose A. The purpose of the I-P zoning district is to provide areas: 1. For combining light manufacturing, office and complementary related commercial uses e.g. , restaurant, barber shop, beauty salons and fitness centers; 2. For combining uses which have no off-site impacts in terms of noise, odor, glare, lights, vibration, smoke, dust or other types of off-site impacts; 3 . For combining parking, landscaping and other design features and which physically and visually link structures and uses within one development; and 4. Which prohibit residential uses. 5. Which utilize a basic street and utility pattern which will permit flexibility in the size of industrial sites. 6. Which provide for a circulation system that provides direct access to arterials or collectors that will not channel traffic through residential areas. 7. Which utilize an internal circulation system which connects to adjoining sites. 8. Which provide a complete set of pre-imposed restrictions (e.g. deed restrictions, restriction convenants, etc.) that are enforceable upon all occupants of the industrial park [�_J including provisions for site improvement, building design, landscaping, sign control, off-street; parking and site maintenance. 9. Which provide evidence of continuing management responsibility to enforce restrictions established upon the original development plan. f 10. Which recognize the differing transportation requirements of employees and service vehicles with adequate provision for public transit access. i 18.68.020 Procedures and Approval Process A. A use permitted outright, Section 18.68.030, is a use which requires no approval under the provisions of this code. If a use is not listed as a use permitted outright, it may be held to i be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . ; t R 6 106 - s B. A conditional use, Section 18.68.040, is a use, the approval of which is discretionary with the Hearings Officer. The approval process—and criteria for approval are set forth in. Chapter 18. 130 (CONDITIONAL USES) . If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . 18.68.030 Permitted Uses A. Civic Use Types 1. Public support facilities 2. Parking services 3 . Postal services 4. Public safety services B. Commercial Use Types 1. Animal sales and service a. Veterinary: small & large animals 2. Automobile and equipment a. Repairs: light t b. Sales and Rental: light equipment 3. Building maintenance services 4. Business equipment sales and services k 5. Business support services 6. Communication services 7. Construction sales and services S. Convenience sales and personal service (not to exceed 10% of the total square footage within the office complex) 9. Laundry services 10. Research services 11. Vehicle fuel sales 12. Eating and drinking establishments (not to exceed 10% of the total square footage within the development complex) 13 . Participation sports and recreation a. Indoor b. Outdoor 14. Professional and administrative offices C. Industrial Use Type I. Manufacturing of finished products 2. Packaging and Processing 3. Wholesale, storage and distribution a. Mini—warehouse b. Light 18 68 040 Conditional Use (Section 18. 130) A. Day Care Facilities — limited to 10% of total complex. e t B. Heliports, in accordance with the Aeronautics Division (ODOT) and the FAA. t C. Utilities 107 — 1 C t d 4 L 18.68.050 Dimensional Requirements CA. There are no minimum lot area requirements. E g, The average minimum lot width shall be 50 feet. F C. The minimum setback requirements are as follows: 1. The front yard setback shall. be a minimum of 35 feet, 4 except 50 feet shall be required where the I-P zone abuts a Y residential zoning district. 2. On corner lots and through lots the setback shall be a minimum of 20 feet on any street facing a street, however, the provisions of Chapter 18.109 (VISUAL CLEARANCE) must be } satisfied. 3. No side yard setback shall be required except 50 feet shall be required where the I-P zone abuts a residential zoning district. ° 4. No rear yard setback shall be required except 50 feet shall be required where the I-P zone abuts a residential zoning district. 5. All building separations must meet all Uniform Building Code requirements. fl D. Except as otherwise provided in Section 18. 105 (BUILDING HEIGHT r LIMITATIONS), no building in the I-P zoning district shall exceed 45 feet in height. L'i E. The maximum site coverage shall be 75 percent. r 18 68 080 Additional Requirements R. t A. Off-street parking and loading, Chapter 18.111 B. Access and egress, Chapter 18. 112 C. Landscaping and screening, Chapter 18.106 D. Signs, Chapter 18. 118 i E. Nonconforming situations, Chapter 18.132 F F. Sensitive Lands, Chapter 18.84 i r €EF B- 108 - r 18.70. I—L (LIGHT INDUSTRIAL) k 18.70.010 Purpose A. The purpose of the I—L zoning is to: 1. Provide appropriate locations for general industrial uses including light manufacturing and related activities with few, if any, nuisance characteristics, such as noise, glare and smoke; 2. To permit manufacturing, processing, assembling, packaging of treatment of products from previously prepared materials; and 3. To prohibit residential uses and limit commercial uses. 18 70.020 Procedures and Approval Process A. A use permitted outright, Section 18.70.030, is a use which requires no approval under the provisions of this code. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . B. A conditional use, Section 18.70.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130 (CONDITIONAL USES) . If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES). 18.70.030 Permitted Uses A. Civic Use Types 1. Public support facilities 2. Parking services 3. Postal services 4. Public safety services B. Commercial Use Types X. Agricultural sales 2. Agricultural services 3. Animal sales and service a. Auctioning b. Kennels C. Veterinary: small & large animals 4. Automobile and equipment a. Cleaning b. Fleet storage — 109 — C. Repairs: heavy and light d. Sales and rental: heavy equipment, farm equipment, light equipment 5. Building maintenance services 6. Construction sales and services 7. Laundry services 8. Research services 9. Vehicle fuel sales C. Industrial Use Type 1. Manufacturing of finished products 2. Packaging and processing 3. Wholesale, storage and distribution a. Mini-warehouse b. Light 18 70 040 Conditional Use (Section 18. 1301 A. Heliports, in accordance with the Aeronautics Division (ODOT) and the FAA B. Utilities y C. Vehicle fuel sales with convenience sales 18 70 050 Dimensional Reauirements A. There are no minimum lot area requirements. B. The average minimum lot width shall be 50 feet. C. The minimum setback requirements are as follows: 1. The front yard setback shall be 30 feet, except 50 feet shall be required where the I-L zone abuts a residential zoning district. 2. On corner lots and through lots, the setback shall be 20 feet on any side facing a street, however, the provisions of Chapter 18. 109 (VISUAL CLEARANCE) must be satisfied. 3. No side yard setback shall be required except 50 feet shall be required where the I-L zone abuts a residential zoning district. 4. No rear yard setback shall be required except 50 feet shall be required where the I-L zone abuts a residential zoning district. 5. All building separations must meet all Uniform Building Code requirements. 110 - s D. Except as otherwise provided in Chapter 18.105 (BUILDING HEIGHT LIMITATIONS), no building in the I-L zoning district shall exceed 45 feet in height. E. The maximum site coverage shall be 80 percent. 18 70.060 Additional Requirements A. Off—street parking and loading, Chapter 18. 111 B. Access and egress, Chapter 18. 112 C. Landscaping and screening, Chapter 18.106 D. Signs, Chapter 18. 118 E. Nonconforming situations, Chapter 18.132 F. Sensitive Lands, Chapter 18.84 4 t i' e t' 18.72. I—H (HEAVY INDUSTRIAL) 18.72.010 Purpose The purpose of the I—H zoning district is to provide appropriate locations for intensive manufacturing activities including fabrication, processing or assembling of semi—finished or finished products from raw materials, outdoor storage areas, and the storage of heavy equ'pment. 18 72 020 Procedures and Approval Process A. A use permitted outright, Section 18.72.030, is a use which requires no approval under the provisions of this code. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . B. A conditional use, Section 18.72.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130 (CONDITIONAL USES) . If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES) . 18.72.030 Permitted Uses A. Civic Use Types l 1. Public support facilities 2. Major impact services and utilities 3 . Minor impact utilities 4. Parking services 5. Postal services 6. Public safety services B. Commercial Use Types 1. Agricultural sales 2. Agricultural services 3 . Animal sales and service a. Auctioning b. Kennels C. Veterinary: small & large animals 4. Automobile and equipment a. Cleaning b. Fleet storage C. Repairs: heavy and light equipment d. Sales and rental: heavy equipment, farm equipment, light equipment e. Storage: non—operating vehicles 5. Construction sales and services 6. Explosive storage 7. Fuel sales 112 — f f t I 8. Laundry services 9. Research services 10. Scrap operations/recycling collection centers C. Industrial Use Type 1. Manufacturing of products: a. From raw materials b. From previously prepared materials 2. Packaging and Processing 3 . Wholesale, storage and distribution a. Mini-warehouseMEMO E b. Light C. Heavy 18 72 040 Conditional Use (Section 18.130_ A. Heliports B. Utilities 18 72 050 Dimensional Requirements } A. There are no minimum lot area requirements. g, The average minimum lot width shall be 50 feet. C. The minimum setback requirements are as follows: 1. The front yard setback shall be 30 feet, except 50 feet shall be required where the I-H zone abuts a residential zoning district. 2. On corner lots and through lots, the setback shall be 20 feet on any street facing a street, however, the provisions of Chapter 18.109 (VISUAL CLEARANCE) must be satisfied. 3 . No side yard setback shall be required except 50 feet shall be required where the I-H zone abuts a residential zoning district. 4. No rear yard setback shall be required except 50 feet shall be required where the I-H zone abuts a residential zoning district. 5. All building separations must meet all Uniform Building Code requirements. i 113 - i D. Except as otherwise provided in Chapter 18. 105 (BUILDING HEIGHT LIMITATIONS), no building in the I—H zoning district shall exceed 45 feet in height. E. The maximum site coverage shall be 80 percent. 18 72 080 Additional Requirements A. Off—street parking and loading, Chapter 18. 111 B. Access and egress, Chapter 18.112 C. Landscaping and screening, Chapter 18. 106 D. Signs, Chapter 18.118 Maw E. Nonconforming situations, Chapter 18. 132 F. Sensitive Lands, Chapter 18.84 — 114 — 18.80. PLANNED DEVELOPMENT i 18.80.010 Purpose A. The purposes of the Planned Development overlay zone are* 1. To provide a means for creating planned environments through the application of flexible standards which allow for the application of new techniques and of new technology in community development which will result in a superior living arrangement; 2. To facilitate the efficient use of land; 3. To promote an economic arrangement of land uses, buildings, circulation systems, open space and utilities; 4. To preserve to the greatest extent possible the existing landscape features and amenities through the use of a planning procedure that can relate the type and design of a development to a particular site; and 5. To encourage development that recognizes the relationship between buildings, their use, open space and accessways and thereby maximizes the opportunities for innovative and diversified living environments. 18 80 020 Administration and Approval Process A. The applicant of a Planned Development proposal shall be the recorded owner of the property or an agent authorized in writing by the owner. B. A Pre-Application Conference with City staff is required. See Section 18.32.030. C. Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the Pre-Application Conference is valid for no more than 6 months. 1. Another Pre-Application Conference is required if any Planned Development application is submitted 6 months after the Pre-Application Conference. 2. Failure of the Director to provide any of the information required by this Section shall not constitute a waiver of the standard, criteria or requirements of the applications. D. Applications for conceptual Planned Development approval must be accompanied by the information required by Section 18.80. 160. E. Notice of the Planned Development proceeding before the Commission will be given as required by Section 18.32.080-090. c 115 - f F. Action on the application shall be in accordance with Section 18.32.130 (Hearing Procedures) and the following: 1. Unless otherwise provided by this Code, the Commission shall hold a public hearing and approve, approve with conditions or deny the application based on findings related to the applicable criteria set forth in 18.80.180 of this Code. 2. A decision by the Commission may be reviewed by the Council as provided by Section 18.32.260(8) . G. Where a Planned Development has been approved, the Development Zoning District Map shall be amended to indicate the approved Planned Development designation for the subject development site, if not already so designated. H. Within one year after the date of Commission approval, the owner shall prepare and file with the Director, a Detailed Development Plan, unless otherwise provided as a part of the approval of the Conceptual Development Plan. Action on the Detailed Development Plan shall be ministerial and taken by the Director; and 1. The Director shall approve the Detailed Development Plan upon finding that the final plan substantially conforms with the Conceptual Development Plan approved, or approved with conditions by the Commission.. Otherwise, approval of the detailed plan shall be denied unless the Director finds: C a. The change does not increase the residential densities; the lot coverage by buildings or reduce the amount of parking; b. The change does not reduce the amount of open space and landscaping; C. The change does not involve a change in use; d. The change does not commit land to development which is environmentally sensitive or subject to a potential hazard; and e. The change merely involves only a minor shift in the location of buildings, proposed streets, parking lot configuration, utility easements, landscaping or other site improvements. 2. A decision by the Director may be appealed by the applicant or other affected/approved ies to the Commission and the Commission shall decide whether the Detailed Development Plan substantially conforms to the approved conceptual development plan based on the criteria set forth in (1) above in this subsection. C 116 — i F a. The decision shall be based on testimony from the applicant and the staff exclusively. b. No notice shall be required except as required by Section 18.32.090. I, Substantial modifications made to the approved Conceptual Development Plan will require a public hearing as provided by Section 18.32.060. 18.80.030 Expiration of Approval - Standards for Extension of Time A. The Conceptual Development Plan approval by the commission shall lapse if: 1. A Detailed Development Plan proposal has not been applied for within the one-year period; or 2. An alternative plan or major modification to the approved Conceptual Development Plan has been submitted. B. The Commission shall, upon written request by the applicant payment of the required fee, notification and a public hearing, grant an extension of the approval period not to exceed tdasp-I'Ve (12) months provided that: 1. No changes are made on the original Conceptual Development \ Plan as approved by the Commission; 2. The applicant can show intent of applying for Detailed Development Plan review within the twelve-month extension period; and 3. There have been no changes in the applicable policies and ordinance provisions on which the approval was based. C. If a site development review proposal has not been submitted within one (1) year from the date of approval of the Detailed Development Plan, the Director shall schedule a public hearing before the Commission to determine the question of whether continuation of approval, in whole or in part, is in the public interest; D. The Commission may approve an extension of time up to one (1) year, approve the extension of time subject to modifications and conditions, or deny the extension of time; 117 - 0 E. The extension decision shall be based on findings related to: i' 1. A change or absence of change in the facts on which the approval was based; and 2. A change or absence of change in the policies and ordinance provisions on which the approval was based. F. The decision may be reviewed by the council as provided by Section 18.32.260(B) . 18 80 040 Non-Compliance - Bond A. Non-compliance with an approved Detailed Development Plan shall be a violation of this Chapter. o. The developmentshall be completed in accordance with the approved Detailed Development Plan including landscaping and recreation areas before any occupancy permits will be issued except that: 1. When the Director determines that immediate execution of any feature of an approved Detailed Development Plan is impractical due to climatic conditions, unavailability of materials or other temporary cond tion, the Director shall as a precondition of the issuance of a required permit, require the posting of a performance bond, or other surety, - to secure execution of the feature at a time certain not to _ exceed one (1) year. 18 80 050 Applicability of Zone as Co-edition of Approval An Approval Authority may apply the provisions of this Chapter as a condition of approving any application for a commercial or industrial development. 18.80.060 Planned Development Allowed and Disallowed A. Planned Development shall be allowed on all lands shown on the Comprehensive Plan map as "Developing Areas." See Section 18.88.030. B. Planned Development shall not be allowed in residential zones located in areas designated as "Established Areas" on the S Comprehensive Plan ma exce t �a p� ut-> Planned Development within an "Established Area" where the Comm on in s: 1. Development of the land in accordance with the provisions of the "Established Area" would: a. Result in an inefficient use of land; b. Result in removing significant natural features; or 118 - t 1 F 5 C. Result in a change of the character of the area surrounding a significant historic feature or building. t 2. The Planned Development approach is the most feasible method of developing the area; and 3. The site is of a size and shape that the compatibility provisions of Chapter 18.92 can be met. 18.80.070 A licabilit and Allowed Uses A In addition to the uses allowed outright in the underlying residential zone the following uses shall be allowed outright where all other applicable standards are met: 1. Community building; facility: Pool, tenn sb•ca rt e ss center; 2. Indoor recreation or similar racketball court, swimming p use; 3. Outdoor recreation facility; golf course, golf driving range, swimming pool, tennis court or similar use; and q. Recreation vehicle storage area. B. In all commercial and industrial planned n d the menu h zoning uses outright permitted shall comply district. 18.80.080 A licabilit of the Base Zone Provisions A. The provisions of the base zone are applicable as follows: 1. Lot dimensional standards. The minimum lot sizeand las ot depth and lot width standards do not apply related to the density computation under Chapter 18.92. 2. Site coverage. The sit coverage provisions of the base zone shall apply. ht s shall 3. Blexceptgwithinh100 feet building ot an9Establishednnot Areas." app plyy q. Structure setback provisions. a. Front yard and rear yard setbacks for structures on the perimeter of the project shall be the same as that zone unless otherwise provided by required by the base Chapter 18.120. b. The side yard setback provisions shall not apply except that all detached structures shall meet the r Uniform Building Code requirements for fire walls. 119 — I€ rear yard setback requirements in the and C. Front yard 1 to structures on the I base zone setback shall not app y interior of the project except that: S l be (1) of A minimum front yard a�a��acstruct 20feet ewhich alopens . required for any g facing a street. All other provisions of the base zone shall apply except as B' modified by this Chapter. 18 80 090 A licabilit of Site Development Review Cha ter The provisions of Chapter 18.1120 shall apply to all uses except as provided by section 18.120.020. 18 80100 Phased Development period for A. The Commission shall apP rove a time schedule for developing a site in phases, but in no case shall the yearstotal aithout preapplying all phases be greater than seven ( ) Y for- Detailed Development Plan revue e. The criteria for approving a phased Detail Development Plan proposal are that: 1. The public facilities shall be constructed in conjunction with or prior to each phase. occupancy of any phase shall not be 2, The development and Occup temporary public facilities: A dependent on the use of ism any facility not constructed temporary public facility to the applicable City or district standard. 18 80 120 Ma or Modification to A roved Plans may request approval of a modification to an A. An applicant p p plan by: approved Conce tual or Detailed Development 1. Commission with fifteen (15) copies of the Providing the proposed modified development plan; and 2. A narrative which indicates the rationale for the proposed modification. B. The Director shall determine that a major modification has resulted if one or more of the changes listed below have been proposed: 1 . A change in land use; 2. An increase in dwelling unit density; — 120 — 3 . A 10 percent change in the ratio, attached or detached for example, of the type of unit to number or uni s; F 4. A change in the type of commercial or industrial structures; s 5. A change in the type and location of accessways and parking areas where off—site traffic would be affected; E 6. An increase in the floor area proposed for nonresidential use by more than 10 percent where previously specified; s 7. A reduction of more than 10 percent of the area reserved E for common open space and/or usable open space; 'c 8. A reduction of specific setback requirements by more than 20 percent 9. An elimination of project amenities by more than 10 percent where previously provided, such as: f a. Recreational facilities, w b. Screening, P C. Landscaping provisions, or d. Area. . f 10. A 10 percent increase in the approved density; and 11. Any other modification to conditions imposed at the time of the development plan approval. f C. Upon the Director determining that the proposed modification to the development plan is a major modification, the applicant shall submit a new application in accordance with Sections ` 18.80.100 or 18.80. 190 for development plan review. No building permit shall be issued until the development plan is complete. t 18 80 130 Minor Modification(s) of a Planned Development i A. Any modification which is not within the description of a major E modification as provided in Section 18.80.080 shall be considered a minor modification. f B. A minor modification shall be approved, approved with conditions or denied following the Director' s review based on the findings F that: t 1. No code provisions have been violated; and 2. The modification is not a major modification. E t 121 — 74 18.80. 140 Application for Approval of a Preliminary Plat €. If a planned_development application involves the subdivision of land, as defined by Chapter 18. 150 of this Code, the applicant shall prepare and submit a preliminary plat plan to be considered concurrently with the planned development application. 18.80. 160 Op—plication Submission Re uirements—Conce tual Develo ment Plan A. All applications shall be made on forms provided by the Director and shall be accompanied by: 1. Fifteen copies of the Conceptual Development Plan(s) and necessary data or narrative which explains how the development conforms to the standards: a. Sheet size for the Conceptual Development Plan(s) and required drawings shall not exceed 18/1 x24"; and b. The scale for a Conceptual Development Plan shall be 20, 50, 100 or 200 feet to the inch. 2. A list, certified by the Washington County Tax Assessor's Office of the names and addresses of all who are property owners of record within 250 feet of the site. 3. The required fee. f t B• The required information may be combined and does not have to be placed on separate maps. C. The Conceptual Development Plan, data, and narrative shall include the following: 1. Existing site conditions, Section 18.80. 110; 2. A site concept, Section 18.80.260; 3. A grading concept, Section 18.80.270; V 4. A landscape concept, Section 18.80.280; 5. A sign concept, Section 18.80.290; s 6. A copy of all existing restrictions or covenants; and 18.80.220 Revision of Proposed PlannedL Development Plan i A. Any revisions to the proposed planned development shall be filed with the Director no late than twelve (12) days prior to the scheduled public hearing date. �� E s B. Failure to comply with the requirement in (A) above shall result in the rescheduling of the required public hearing to the next f regularly scheduled meeting of the Commission. x — 122 — a f j 18 80 230 Approval Standards { A. The Commission shall make findings on the following _criteria when approving, approving with conditions or denying an application. 1. All the provisions of the Land Division provisions, Chapter 18. 150, et seq, shall be met. 2. The provisions of the following Chapters shall be met: a. Chapter 18.92, Density Computation and Limitations b. Chapter 18.100, Accessory Uses and Structures C. Chapter 18.104, Additional Yard Area Requirements d. Chapter 18.105, Building Height Limitations, Exceptions e. Chapter 18.109, Visual Clearance Areas f. Chapter 18.106, Landscaping and Screening g. Chapter 18. 111, Off-street Parking and Loading Requirements h. Chapter 18.112, Access and Egress i. Chapter 18.118, Signs B. In addition, the following criteria shall apply: 1. Relationship to the Natural and Physical Environment: a. The streets, buildings and other site elements shall be designed and located to preserve the existing trees, topography, and natural drainage to the greatest degree possible. b. Structures located on the site will not b2 in areas subject to ground slumping and sliding. E C. There shall be adequate distance between on site buildings and other on-site and off-site buildings on adjoining properties to provide for adequate light and air circulation and for fire protection. d. The structures shall be oriented with consideration for the sun and wind directions, where possible. e. Trees with a 6 inch caliper measured at 4 feet in height from ground level, shall be saved, where / possible. - 123 - 2. Buffering, screening and compatibility between adjoining uses: a. Buffering shall be provided between different types of land uses (for example, between single family and multiple family residential and residential and commercial) . b. In addition to the requirements of the buffer matrix, the following factors shall be considered in determining the type section 18. 106 of buffer: (1) Ths purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust or to provide a visual barrier; (2) The size the buffer needs in terms of width and height to achieve the purpose; (3) The direction(s) from which buffering is needed; (4) The general density of the buffering; and (5) Whether the viewer is stationary or mobile. C. On site screening from view from adjoining properties of such things as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors will be considered in determining the adequacy of the type and extent of the screening: (1) What needs to be screened; (2) The direction from which it is needed; and (3) Whether the screening needs to be year around. 3. Privacy and Noise: V -VA'e4L* i a. Non—residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise. 4. Private Outdoor Area — Residential Uses: a. In addition to the requirements of subsection (3) each ground level residential dwelling unit shall have an outdoor private area (patio, terrace, porch) of not ►/ less than 48 square feet; 124 — f b. Wherever possible, private outdoor open spaces should be oriented toward the sun; and C. Private outdoor spaces shall be screened or designed to provide privacy for the uses of the space. 5. Shared Outdoor Recreation Areas - Residential Uses: a. In addition to subsections (3) and (4) each multiple dwelling development shall incorporate shared usable outdoor recreation areas within the development plan. b. Shared outdoor recreation space shall be readily / observable from ad-agoat_units for reasons of crime i/ prevention and safety. C. The required recreation space may be provided as follows: (1) It may be all outdoor space; or (2) It may be part outdoor space and part indoor space; for example, an outdoor tennis court and indoor recreation room; and (3) It may be all public or common space; or (4) it may be part common space and part private; for example, it could be an outdoor tennis court, indoor recreation room and balconies on each unit; and (5) Where balconies are added to units, the balconies shall not be less than 48 square feet. 6. Access and Circulation: a. The number of allowed access points for a development shall be provided in Chapter 18.112 of this Code. b. All circulation patterns within a development must be designed to accommodate emergency vehicles. C. Provisions shall be made for pedestrian and bicycleways if such facilities are shown on an adopted plan. 7. Landscaping and Open Space: a. Residential Development. In addition to the requirements of 18.80. 100 (b) (4) and (5), a minimum of 20 percent of the site shall be landscaped. 125 - SS� b. Non—Residential Development. A minimum of 20 percent of the site shall be landscaped. 8. Public Transit: a. Provisions for public transit may be required where i the site abuts a public transit route. The required � facilities shall be based on: j (1) The location of other transit facilities in the K area; and (2) The size and type of the proposed development. b. The required facilities shall be limited to such facilities as: s (1) A waiting shelter; (2) A turn—coat area for loading and unloading; and (3) Hard surface paths connecting the development to the waiting area. 9. Signs: a. In addition to the provisions of Chapter 18.118, Signs; dt 1 (1) Location of all signs with the development site; tU✓ and (2) The signs shall not obscure vehicle driver' s sight distance. r S 10. Parking: All parking and loading areas shall be generally laid out F in accordance with the requirements set forth in Chapter F 18.111. i t 11. Drainage: t All drainage provision shall be generally laid out in accordance with the requirements set forth in Chapter j 18. 114 and the criteria in the adopted 1981 Master Drainage Plan. f 18.80.240 Site Conditions l A. The site analysis shall include: E 1. A vicinity map showing the location of the property in relation to adjacent properties, roads, pedestrian and bikeways, transit stops and utility access. 126 — J 2. The parcel boundaries, dimensions and gross area; 3. Contour lines at two foot intervals for slopes from 0-10% and five foot intervals from slopes over 10 percent; 4. The drainage patterns and drainage courses on the site and on adjacent lands. 5. Potential natural hazard areas including: a. Floodplain areas; b. Areas having a high seasonal water table within 0-24 inches of the surface for three or more weeks of the year; C. Unstable ground (areas subject to slumping, earth slides or movement); See Soil Conservation Service Maps. d. Areas having a severe soil erosion potential; and e. Areas having severe weak foundation soils. 6. Resource areas including: a. Wetland areas; and b. Wildlife habitat areas identified by the City in its comprehensive plan. 7. The site features including: a. Large rock outcroppings; b. Areas having unique views; c. Streams and stream corridors. 8 . The location of trees having a 6" caliper at 4 feet and where the site is heavily wooded, an aerial photograph at the same scale as the site analysis may be submitted and only those trees that will be affected by the proposed development need to be sited accurately . 9. The location and type of noise sources . B. Where the site is subject to land slides or other potential hazard, a soils and engineering geologic study based on the proposed project shall be submitted which shows the area can be made suitable for the proposed development. - 127 - 18 80 250 Additional Information Required and Waiver of Requirements A. The Director may require information in addition to that required by this Chapter in accordance with Section 18.32.055(A) . B. The Director may waive a specific requirement for information in accordance with Section 18.32.055(B) and (C) . 18.80.260 �ConcetuaPlan A. The site plan shall be at the same scale as the site conditions, and shall show the following: 1. The applicant' s entire property and the surrounding property to a distance sufficient to determine the relationship between the applicant' s property and proposed development and adjacent property and development. 2. Boundary lines and dimensions for the perimeter of the property and the dimensions for all proposed lot lines, section lines, corners and monuments. 3. The location of at least one temporary benchmark and contours as provided by section 18.80.130 (A)(3) . 4. Identification information, including the name and address of the owner, developer and project designer, and the scale and north arrow. 5. The location, dimensions and names of all: a. Existing and platted streets and other public ways and easements on adjacent property and on the site; b. Proposed streets or other public ways, easements on the site. 6. The location, dimensions and setback distances of all: a. Existing structures, improvements, utility and drainage facilities on adjoining properties. b. Existing structures, improvements, utility and drainage facilities to remain on the site. C. Schematic drawings of proposed structures, improvements, utility an drainage facilities on he site. 7. The location and dimensions of: a. The entrances and exits to the site; b. The parking and circulation areas; 128 — V i C. Pedestrian and bicycle circulation areas; s F d. On—site outdoor recreation spaces and common areas; e. Above ground utilities. f 4 8. The location of areas to be landscaped. 9. The location and type of street lighting with specific } consideration given to crime prevention. , / t 18 80 270 Grading and Drainage Plan A. The grading and drainage plan shall be at the same scale as the site conditions and shall include the following: 1. The location and extent to which grading will take place indicating general contour lines, slope ratios, and slope stabilization proposals. 2. A statement from a registered engineer supported by factual data that all drainage facilities are designed in conformance with the City' s Master Drainage Plan. This t shall be reviewed by the City Engineer. 3. Identification information, including the name and address of the owner, developer, project designer and the project engineer. a 18 80 280 The Landscape Plan all be prepared on the site Plan and in A. The landscape plan sh addition shall show: t 1. The conceptual location of the underground irrigation s system or hose bibs; 2. The location and height of fences and other buffering or screening materials; g 3. The location, size and species of the existing plant materials; and 4. General location and function of proposed plant materials d (Buffer, shading, cover, etc. ); 5. The location of the trees to be removed. B. The landscape plan shall be accompanied by a narrative F description of: g 1. The soil conditions and the plant selection requirements relating to the soil conditions. r 129 — s 2. Plans for soil treatment such as stockpiling the top soil. 3 . The erosion controls which will be used if necessary . 18 80 290 Sian Drawings � ) Specify location, size and how the sign meets clearance requirements. 18 80 300 Exceptions to Underlying Zone Yard, Parking and Sign Provisions and the Landscaping Provisions A. 'The Commission may grant an exception to the off—street parking dimensional and minimum number of space requirements in the applicable zone based on findings that: 1. The minor exception is not greater than 10% of the required parking; and 2. The application is for a use designed for a specific purpose which is intended to be permanent in nature (for example, a nursing home) and which has a low demand for off—street parking; or 3. There is an opportunity for sharing parking and there is written evidence that the property owners are willing to enter into a legal agreement; or 4. Public transportation is available to the site, reducing the standards and will not adversely affect adjoining uses; or 5. There is a community interest in the preservation of particular natural features of the site which make it in the public interest to grant an exception to parking standards. B. The Commission may grant an exception to the sign dimensional requirements in the applicable zone based on findings that: 1 . The minor exception is not greater than 10% of the required applicable dimensional standard for signs; 2. The exception is necessary for adequate identification of the use on the property; 3 . The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties. C. The Commission may grant an exception to the landscape requirements of this ordinance upon a finding that: 130 — s E a r i f S C t 1. The overall landscape plan provides for 20% of the gross Y site area to be landscaped . r" € 18 80 310 Shared Open Space f A. Where the open space is designated on the plan as common open space the following shall apply: E 1. The open space area shall be shown on the final plan and recorded with the Director. 2. The open space shall be conveyed in accordance with one of ` the following methods: a. By dedication to the City as publicly owned and maintained as open space. Open space proposed for dedication to he City must be acceptable to it with regard to the size, shape, location, improvement, and budgetary and maintenance limitations. i b. By leasing or conveying title (including beneficial ownership) to a corporation, home association or other legal entity with the City retaining the development rights to the property. The terms of such lease or other instrument of conveyance, must include provisions suitable to the City Attorney for guaranteeing the following: (1) The continued use of such land for the intended purposes. (2) Continuity of property maintenance. (3) When appropriate, the availability of funds required for such maintenance. (4) Adequate insurance protection. (5) Recovery for loss sustained by casualty and condemnation or other wise. C. By any method which achieves the objectives set forth in subsection (2) above. 18 80 320 City Designation of Planned Development A. The City may designate an area on the map for a Planned Development by a motion of the Council or Commission. g, The motion for designation by either Council or Commission need not include a Conceptual or Detailed Development Plan as required in Sections 18.80. 150 or Section 18.80.020(G), but shall include a recommendation for land use. 131 — C. Unless otherwise provided by this Code, the Commission shall hold a public hearing and approve, approve with conditions or deny the City motion based on the findings related to the applicable criteria. D. Upon the designation of a Planned Development by the City, the Director shall change the Development Zoning District map to reflect the approved change. 18.80.330 Criteria for Nullifying the Planned Development Designation A. The burden of proof is placed on the proponent to justify the nullification of the established Planned Development designation to the Commission by giving substantial evidence that: 1. Developing the property under conventional district standards and regulations will not create incompatible development. 2. Special circumstances such as building relationships, drainageways, public improvements, topography, etc. , which were to be responded to specifically through the Planned Development process can be dealt with as effectively with conventional standards. 3. Conditions attached to the approved Planned Development by the Commission can be met. B. In making its decision, the Commission shall consider the effects of the petition, based on the criteria established in (A) above and shall specify such considerations as findings in support of its decision. 18.80.340 Effective Date The decision of the Commission shall become effective upon the expiration of the appeal period as provided in Section 18.32. provided no request for appeal or further review has been filed. 132 — 18.82. HISTORIC OVERLAY DISTRICT c_ 18.82.010 Purpose s A. The purpose of this Chapter is to: c 1. Implement the Comprehensive Plan; 2. Effect and accomplish the protection, enhancement and perpetuation of such improvements and of districts which represent or reflect elements of the City' s cultural, ; social, economic, political and architectural history; e• 3. Safeguard the City's historic, aesthetic and cultural heritage as embodied and reflected in such improvements and E Y districts; i 4. Complement any Registered Historic or cultural areas designated in the City; 5. Stabilize and improve property values in such districts; 6. Foster civic pride in the beauty and noble accomplishments of the past; 7. Protect and enhance the City' s attractions to tourists and E visitors and the support and stimulus to business and s industry thereby provided; B. Strengthen the economy of the City; 9. Promote the use of historic districts and landmarks for the education, pleasure, energy conservation, housing and public welfare of the City; and 10. Carry out the provisions of LCDC Goal #5. t_ 18.82.015 Applicability of Provision and Initiation , r: s A. The Historic Overlay District shall apply to the following: 1. Historic areas, designated in accordance with this Chapter; ;E 2. Cultural areas designated in accordance with this Chapter; and v 3. Landmarks as designated by this Chapter. 4 B. The boundaries of the historic overlay districts, the location of the buildings and structures in historic and cultural districts, and the location of landmarks shall be designated on Tigard Development Zoning District Map(s) . C s. 133 — C. The Council, the Commission, the Hearings Officer, a recognized Neighborhood Planning Organization or any interested person may i initiate the proceedings for designation of on a Historic t Overlay District in accordance with Section 18.32.02 (PROCEDURES FOR DECISIOiN MAKING: QUASI-JUDICIAL) . ' 18 82 020 Administration and Approval Process A. The applicant of a Historic Overlay District designation proposal shall be the recorded owner of the property or an agent authorized in writing by the owner. B. A Pre-Application Conference with City staff is required. See Section 18.32.030. C. Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the Pre-Application Conference is valid nor more that 6 months. 1. Another Pre-Application Conference is required if any variance application is submitted 6 months after the Pre-Application Conference. 2. Failure of the Director to provide any of the information required by this Chapter shall not constitute a waiver of the s'candards, criteria or requirements of the applications. D. The Hearings Officer shall approve, approve with conditions or deny any application for a Historic Overlay District. The Hearings Officer shall apply the standards set forth in Section 18.82.030, 18.82.040 or 18.82.050 of this Code when reviewing an application for a Historic Overlay District. E. The decision of the Hearings Officer may be reviewed by the City Council in accordance with Sections 18.32.260 (B) . s/ Avt� F. The Director shall mail notice of any Historic Overlay District proposal to the following persons who have a right to request notice of a hearing before the Hearings Officer in accordance with Section 18.32. 100. E 1 . All property owners of record within 250 feet of the property which is the subject of the application; and 2. The Chairperson of an official recognized Neighborhood Planning Organization, if the property which is the subject e of the application lies wholly or partially within the boundaries of such organization. G. The Hearings Officer may approve the demolition request after considering the criteria contained in Section 18.82.050 (C)(1-9) . t 134 - 1. Action by the Hearings Officer approving the issuance of a permit for demolition may be appealed to the Council by any aggrieved party, by filing a notice of appeal, in accoreance with Section 18.32.280 (B) . 2. If no appeal is filed, the Building Official shall issue the permit in compliance with all other codes and ordinances of the City. H. The Hearings Officer may reject the application for the permit if it determines that, in the interest of preserving historical values, the structure should not be demolished, and in that event issuance of the permit shall be suspended for a period fixed by the Hearings Officer, as follows: 1. For landmarks or structures located in a Historic Overlay District, the Hearings Officer may invoke a stay of demolition for a period not exceeding 30 days from the day of public hearing. 2. The Hearings Officer may invoke an extension of the suspension period if it determines that there is a program or project underway which- could result in public or private acquisition of such structure site, and that there is reasonable ground to believe that such program or project may be successful, then the Hearings Officer, may extend the suspension period in 30 day increments for an additional period not exceeding 120 days from the date of public hearing for demolition permit. 3. During such period of suspension of permit application, no permit shall be issued for such demolition nor shall any person demolish the building or structure. 4. If all such programs or projects are demonstrated to the Hearings Officer to be unsuccessful and the applicant has not withdrawn his application for demolition permit, the Building Official shall issue such permit, if the application otherwise complies with the codes and ordinances of the City. 5. Action by the Hearings Officer pending issuance of a permit for demolition may be appealed to the Council by the applicant in accordance with Sections 18.32.260 (B) . I. In any case where the Council has ordered the removal or demolition of any structure determined to be dangerous to life, health or property, nothing contained in this Chapter shall be construed as making it unlawful for any person without prior approval of the Hearings Officer, pursuant to this Chapter, to comply with such order. 135 — 18 82 030 Criteria for Historic Overlay District Designation �'- A Approval of a Historic Overlay District designation shall be made when the Hearings Officer finds that any of the following criteria have been met: 1. Whether the proposed district or landmark would serve the purpose of the Historic Overlay District as stated in Section 18.82.010, purpose; 2. Reflects the broad cultural or natural history of the E community, state, or nation; 3. Is identified with historic personages, or with important events in national, state or local history; Y 4. Embodies the distinguishing characteristics of an architectural specimen inherently valuable for a study of a period, style, or method of construction; or 5. Is a notable work of a master builder, designer, or architect. g, The age of a specific building shall not be deemed sufficient in itself to warrant designation as historic. 18.82.040 Criteria for Exterior Alteration and New Construction Criteria _ A. Except as provided pursuant to Section 18.82.040(E), no person may alter any structure in an Historic Overlay District, a designated structure in a manner as to affect its exterior appearance, nor may any new structure be constructed in an Historic District, unless the site and elevation drawings are approved by the Hearings Officer. B. Exterior remodeling as governed by this Chapter shall include . any change or alteration in design or other exterior treatment excluding painting. For exterior alterations of structures in an Historic Overlay C. District, the criteria to be used by the Hearings Officer in reaching its decision shall include the following: 1 . The purpose of the Historic Overlay District as set forth in Section 18.82.010; 2. e Thprovisions of the Tigard Comprehensive Plan; c structure in an Historic Overlay 3. The economic use of the e. District and the reasonableness of the proposed alteration IF and their relationship to the public interest in the structure' s or landmark's preservation or renovation; — 136 — 4. The value and significance of the structu-e or landmark in an Historic Overlay District; 1. 5. The physical condition of the structure or landmark in an Historic Overlay District; 6. The general compatibility of exterior design, arrangement, color, texture and materials proportion, detail, scale, proposed to be used with an existing structure in an Historic Overlay District; 7. Pertinent aesthetic factors as designated by the Hearings Officer; and s. Economic, social; environmental and energy consequences related to LCDC Goal #5. D. For construction of new structures in an Historic Overlay District, the criteria to be used by the Hearings Officer in reaching its decision shall include the following: 1. The purpose of the Historic Overlay District as set forth in Section 18.82.010; 2. The provisions of the Tigard Comprehensive Plan; 3. The economic effect of the new structure on the historic value of the district; 4. The visual effect of the proposed new structure on the architectural character of the district; 5. The general compatibility of the exterior design, arrangement, proportion, detail, scale, color, texture and materials proposed to be used in the construction of the new building or structure; and 6. Economic, social, environmental and energy consequences related to LCDC Goal #5. E. Nothing in this Chapter shall be construed to prevent the e ordinary maintenance or repair of any architectural features which do not involve a change in design, material or the outward €_ appearance of such feature which the Building Official shall certify is required for the public safety because of its unsafa or dangerous condition. 18.82.050 Criteria for Demolition A. If an application is made for a building permit to demolish all F or part of a structure which is located in an Historic f esaiydd District, the Building Official shall transmit a copy transaction to the Director. 137 - B. The Hearings Officer shall hold a public hearing within 45 days of application in accordance with the procedures in Section 18.32.130. C. In determining the decision of the demolition as proposed in an application for a demolition permit, the Bearings Officer shall consider the following criteria: 1. All plans, drawings and photographs as may be submitted by the applicant; 2. Information presented at a public hearing held concerning the proposed work; 3. The Tigard City Comprehensive Plan; 4. The purpose of this Chapter is as set forth in Section 18.32.010; 5. The criteria used in the original designation of the District in which the property under consideration is situated; 6. The historical and architectural style, the general design, arrangement, materials of the structure in question or its appurtenant fixtures; the relationship of such features to similar features of the other buildings within the district and the position of the building or structure in relation to public rights of way and to other buildings and structures in the area; 7. The effects of the proposed work upon the protection, enhancement, perpetuation and use of the district which cause it to possess a special character or special historical or aesthetic interest or value; 8. Whether denial of the permit will involve substantial hardship to the applicant, and whether issuance of the permit would act to the substantial detriment of the public welfare and would be contrary to the intent and purposes of this Code; and 9. Economic, social, environmental and energy consequences related to LCDC Goal /#5. 18.82.060 Application Submission Requirements A. All applications shall be made on forms provided by the Director and shall be accompanied by: 1. Five copies of the Historic Overlay District, Exterior Alteration, New Construction or Demolition site plan(s) and necessary data or narrative which explains how the proposal conforms to the standards: 138 — a. Sheet size for the proposed site plan and required drawings shall not exceed 18" x 24"; and b. The scale of the site plan shall be 20, 50, 100 or 200 feet to the inch; and C. All drawings of structure elevations shall be a standard architectural scale, being 1/4" or 1/8" . 2. A list, certified by the Washington County Tax Assessor' s Office of the names and addresses of all who are property owners of record within 30 days before the application and whose property is within 250 feet of the site. 3. The required fee. g, The required information may be combined and does not have to be placed on separate maps. 18.62.070 The Site Plan A. The proposed Historic Overlay District plan shall include the following information: 1. The proposed site and surrounding properties; 2. The location, dimensions and names of all existing streets; 3 . The location and dimension of: & a. The entrances and exits on the site; b. The parking and circulation areas; C. Loading and services areas; d. Pedestrian and bicycle circulation; e. Outdoor common areas; f. Above ground utilities; and g. Existing landscaping. 4. The location, dimensions and setback distances of all: a. Existing structures, improvements and utilities which are located within 25 feet of the sites and are on adjoining property; and b. Proposed structures, improvements, landscaping and utilities on the site. 18.82.080 Architectural Drawings A. The Historical Overlay District plan proposal shall include: 139 — 1. Floor plans indicating the square footage of all structures existing and proposed for use on—site; and 2. Elevation drawings of each proposed structure and elevation drawings or photographs of each existing structure. 18 82.090 Landscape Plan A. The landscape plan shall be drawn at the same scale of the site plan or a larger scale if necessary and shall indicate: 1. Location and height of fences, buffers and screenings; 2. Location of terraces, decks, shelters and common open spaces; and 3. Location, type, size and species of existing and proposed plant materials. 18.82. 100 Sign Drawings Sign drawings shall be submitted in accordance with Chapter 18.118 of this Code. 18 82 110 Additional Information Required and Waiver of Requirements A. The Director may require information in addition to that required by this Chapter in accordance with Section 18.32.050 '. (A) B. The Director may waive a specific requirement for information in accordance with Section 18.32.050 (B) & (C) . 140 — 18.84 SENSITIVE LANDS 18 84.010 Purpose A. Sensitive Lands are lands potentially unsuitable for development because of location within 100—year floodplain, within natural drainageway, on steep slopes or on unstable ground. B. Sensitive land areas are designated as such to protect the public health, safety and welfare of the community through the regulation of these sensitive land areas. C. The regulations of this Chapter are intended to implement the Comprehensive Plan and the Federal Emergency Management Agency' s flood insurance program, and help to preserve natural sensitive land areas from encroaching uses and to maintain the September 1981 zero—foot rise floodway elevation. D. City actions under this Chapter will recognize the rights of riparian owners to be free to act on the part of the City, its commissions, representatives and agents, and land owners and occupiers. 18 84 015 Applicability of Uses — Permitted, Prohibited and Nonconforming A. Except as provided by subsection (B), the following uses shall be outright permitted with sensitive land areas: 1. Accessory uses such as lawns, gardens or play areas; 2. Agricultural uses conducted without locating a structure within the sensitive land area; 3. Community recreation uses such as bicycle and pedestrian paths or athletic fields or parks, excluding structures; 4. Public and private conservation areas for water, soil, open space, forest and wildlife resources; 5. Removal of poison oak, tansy ragwort, blackberry or other noxious vegetation; 6. Maintenance of floodway, excluding rechanneling; and 7. Fences, excluding floodplain area. B. The following uses and activities are permitted only by a Sensitive Lands permit granted by the Hearings Officer except (3)(a) and (b) : 1 . Land form alteration or development within the 100—year floodplain; 2. Land form alteration or development on slopes of 25% or greater and unstable ground; 141 — F 6 3 . Land form alteration or development within a drainageway { where there is year round water flow, unless: a. The drainageway is proposed to be incorporated into a public facility of adequate size to accommodate maximum water flow in accordance with the adopted 1981 _ l Master Drainage Plan as pregared by CH2M Hill• or V b. The laid is not proposed to be partitioned, subdivided or developed. y 4. Application ursuant to subsection 3 (a) and 3 (b) may be pprove y "the rector. z C. Except as explicitly authorized by other provisions of this Chapter, all other uses are prohibited on sensitive land areas. D. A use established prior to the adoption of this Code, which would be prohibited by this Chapter or which would be subject to the limitations and controls imposed by this Chapter shall be considered a nonconforming use. lonconforming uses shall be subject to the provisions of Chapter 18.132 of this Code. 18 84 020 Administration and Approval Process A. The applicant for a Sensitive Lands permit shall be the recorded owner of the property or an agent authorized in writing by the owner. B. A Pre-Application conference with City staff is required. See Section 18.32.030. C. Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the Pre—Application Conference is valid for not more than 6 months. 1. Another Pre—Application Conference is required if any variance application is submitted 6 months after the Pre—Application Conference. 2. Failure of the Director to provide any of the information required by this Chapter shall not constitute a waiver of the standard, criteria or requirements of the applications. D. The Hearings Officer shall approve, approve with conditions or deny an application for a Sensitive Lands permit as set forth in Section 18.84.015 (8)(1)(2)(3), excluding subsections (3)(a) and (3)(b) . E. The Director shall approve, approve with conditions or deny an application for a Sensitive Lands permit as set forth in Sections 18.84.015 (B)(3)(a) and (b) . 142 — F. The Hearings Officer and the Director shall apply the standards set forth in Section 18.84.040 of this Chapter when reviewing an application for a Sensitive Lands permit. G. The decision of the Hearings Officer or Director may be appealed in accordance with Section 18.32.260(8) . 1 . The applicant may request a review before the Council if the action of the Hearings Officer is to deny or to approve with conditions. 2. The applicant may request a hearing before the Commission if the action of the Director is to deny or approve with conditions. 3. Any person or group of persons whose interests are adversely affected by this action may appeal the decision to the Council if the action of the Hearings Officer's decision is to approve or approve with conditions the application. 4. Any persons or groups of persons whose interests are adversely affected by this action may appeal the decision to the Commission if the action of the Director's decision is to approve or approve with conditions. H. The Director shall mail notice of any sensitive lands proposal / decision to the following persons who may have the right to lv/ appeal the decision in accordance with Section 18.32.280. 1. All property owners of record within 250 feet (100 feet if / acted upon by the Director) of the property which is the (/ subject +of the application; and 2. The Chairperson of an official recognized Neighborhood Planning Organization, if the property which is the subject of the application lies wholly or partially within the boundaries of such organization or is adjacent thereto. 3 . The Director shall deliver copies of the final action of all sensitive lands to the Planning Commission. 18 84 030 Expiration of Approval — Standards of Extension of Time x A. Approval of a Sensitive Lands permit shall be void after one year unless: 1. Substantial construction of the approved plan has begun ' within one year period; or 2. Construction on the site is not a departure from the approved plan. B. The Hearings Officer shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed six months provided that: — 143 — 1. No changes are made on the original variance plan as approved bly the Director; / 2. The applicant can show intent of initiating construction of the site within the six-month extension period; and 3. There have been no changes in the applicable policies and ordinance provisions on which the approval was based. 18 84 040 Approval Standards A. The Hearings Officer shall make findings on the following criteria when approving, approving with conditions or denying an application request within the 100-year floodplain: 1. Land form alterations which preserve or enhance the function and maintenance of the zero-foot rise floodway shall not result in any narrowing of the floodway boundary. 2. The land form alteration or development within the 100-year floodplain is allowed only in the area designated as commercial or industrial on the Comprehensive plan Land Use Map; ,, -00 It 3. The land form alteration or development is not located within the floodway; 4. The land form alteration or development will not result in any increase in the elevation of the zero-foot rise floodway; 5. The remaining undeveloped land within the greenway as of September 1, 1981 is intended to be dedicated to the City for flood control and greenway purposes; 6. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan; 7. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. 8. The applicant will deposit in the City's applicable account, adequate cash to cover the construction of the pedestrian/bicycle pathway if such pathway will not be constructed directly after the time when the land form alteration or development is completed as determined at site design review. B. The Hearings Officer shall make findings on the following criteria when approving, approving with conditions or denying an application request for a Sensitive Lands permit on slopes of 25% or greater or unstable ground: 144 - 4 1 . The extent and nature of the proposed land form alteration or development will not create site disturbances to an c extent greater than that required for the uses; k 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground stability, or other adverse on—site and off—site effects or hazards to life or property. k F S 3 . Appropriate siting and design safeguards shall ensure F structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: Wet/high water table; high shrink—swell capability; compressible/organic; and shallow depth—to—bedrock; and 4. Where natural vegetation has been removed due to land form w alteration or development, the areas not covered by structures or impervious surfaces shall be replanted to prevent erosion in accordance with Section 18.106 (LANDSCAPING AND SCREENING). C. The Hearings Officer shall make findings on the following criteria when approving, approving with conditions or denying an , application request for a Sensitive Lands permit within t drainageways: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the uses; 4 F' 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground stability . or other adverse on—site and off—site effects or hazards to life or property; 3 . The water flow capacity of the drainageway is not decreased; and , 4. Where natural vegetation has been removed due to land form alteration or the development, the areas not covered by structures or impervious surfaces shall be replanted to prevent erosion in accordance with Section 18.106 { (LANDSCAPING AND SCREENING) . s E. D. The Director shall make findings on the following criteria when approving, approving with conditions or denying an application request for a Sensitive Lands permit within drainageways. 1 . The extent and nature of the proposed land form alteration will not create site disturbances to an extent greater than that required for the uses; 145 — 2. The proposed land form alteration will not result in erosion, stream sedimentation, ground stability or other f adverse on—site and off—site effects or hazards to life or property; 3. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage plan as prepared by CH2M Hill; and 4. The land involved on which the land form alteration is to take place will not be partitioned subdivided or developed as a part of this application request. 18 84 050 Application Submission Requirements A. All applications shall be made on forms provided by the Director and shall be accompanied by: 1. Five copies of the Sensitive Lands permit proposal and necessary data or narrative which explains how the proposal conforms to the standards, and a. The site plan(s) and required drawings shall be on sheets not exceeding 18" x 24"; and b. The scale for the site plan(s) shall be 20, 50 or 100 feet to the inch. C. All drawings or structure elevations or floor plans F. shall be a standard architectural scale, being 1/4" or 1/8" to the foot. 2. A list, certified by the Washington County Tax Assessor's Office of the names and addresses of all persons who are property owners of record within 250 feet of the site. 3. The required fee. B. The required information may be combined on one map. C. The site plan(s), data and narrative shall include the following: 1. An existing site conditions analysis, Section 18.84.070; 2. A site plan, Section 18.84.080; 3 . A grading plan, Section 18.84.090; 4. A landscaping plan, Section 18.84. 100; 5. Architectural elevations of all structures, Section 18.84. 110; 146 — 6. A sign plan. Section 18.84. 120; 7. A copy of all existing and proposed restrictions or covenants, or prior approval by the City or County. 18 84 060 Additional Information Required and Waiver of Requirements A. The Director may require information in addition to that required by this Chapter in accordance with Section 18.32.055 (A). B. The Director may waive a specific requirement for information in accordance with Section 18.32.055 (B) and (C) . 18.84.070 Site conditions A. The site analysis drawings shall include: 1. A vicinity map showing streets and access points, pedestrian and bicycle pathways, and utility locations; 2. The site size and its dimensions; 3 . Contour lines at 2—foot intervals for grades 0-10% and 5—foot intervals for grades over 10 percent; 4. The location of drainage patterns and drainage courses; 5. The location of natural hazard areas including: a. Floodplains areas (100—year floodplain and floodway); b. Slopes in excess of 25%; C. Unstable ground (areas subject to slumping, earth slides or movement); d. Areas having a high seasonal water table within 24 inches of the surface for three or more weeks of the year; e. Areas having a severe soil erosion potential; or as defined by the Soil Conservation Service; I1 f. Areas having severe weak foundation soils. 6. The location of resource areas as shown on the Comprehensive Plan inventory map including: a. Wildlife habitat; and b. Wetlands . t` 147 — 7. The location of site features including: a. Rock outcroppings; and b. Trees with 6" caliper or greater measured 4 feet from ground level. 8. The location of existing structures on the site and proposed use of those structures. 18.84.080 The Site Plan A. The proposed site development plan shall be at the same scale as the site analysis plan and shall include the following information: 1. The proposed site and surrounding properties; 2. Contour line intervals (see Section 18.84.070 (A)(3); 3. The location, dimensions and names of all: a. Existing and platted streets and other public ways and easements on the site and on adjoining properties; and b. Proposed streets or other public ways and easements on the site. 4. The location and dimension of: a. The entrances and exits on the site; b. The parking and traffic circulation areas; C. Loading and services areas; d. Pedestrian and bicycle facilities; e. Outdoor common areas; and f. Above ground utilities. 5. The location, dimensions and setback distances of all: a. Existing structures, improvements and utilities which are located on adjacent property within 25 feet of the site and are permanent in nature. b. Proposed structures, improvements and utilities on the site. 6. The location of areas to be landscaped; and 7. The concept locations of proposed utility lines. V 148 — 18.84.090 Grading Plan A. The site plan shall include a grading plan which contains the following information: 1. Requirements in Sections 18.84.070 and 18.84.080 of this Chapter. 2. The location and extent to which grading will take place indicating contour lines, slope ratios and slope stabilization proposals. 3 . A statement from a registered engineer supported by factual data substantiating: a. The validity of the slope stabilization proposals; b. That other off-site problems will be mitigated; C. Stream flow calculations; d. Cut and fill calculations; and f. Channelization measures proposed. 18.84. 100 Landscape Plan A. The landscape plan shall be drawn at the same scale of the Site Analysis plan or a larger scale if necessary and shall indicate: 1. Location and height of fences, buffers and screenings; 2. Location of terraces, decks, shelters, play areas and common open spaces, where applicable; and 3 . Location, type and size of existing and proposed plant materials. B. The landscape plan shall include a narrative which addresses: 1 . Soil conditions; and 2. Erosion control measures that will be used. - 149 - 18.86 ESTABLISHED AREAS { 18 86.010 Purpose A. The purpose of this Chapter is to assure that new development or renovation is compatible with the existing structure, building type, density and character of the existing areas. B. Compatibility is to be assured by the nature of the review process and development standards required for new development and renovation in the Established Area. C. For purposes of this Chapter, an Established Area is an area where the majority of the area has been developed to urban densities, existing development and structure types indicate a definite pattern and the area is shown on the the Comprehensive Plan map i.e. all single family detached with standard zoning requirements set forth in Chapters 18.44 through 18.52. 18.86.020 Criteria for Inclusion Within an Established Area A. Any parcel(s) of land within the Tigard Urban Planning Area may be included within an Established Area, provided such parcel(s) meets all the following criteria: 1. The parcel is contiguous to an Established Area, or the parcel is contiguous to other similarly developed and contiguous parcels which equal at least 5 acres in areas proposed for designation as an Established Area; and 2. The parcel is developed to urban densities as defined by this Code. (The parcel need not be developed with full urban services.) 18 86 030 Standards for Development All development within an Established Area shall be in accordance with the zoning requirements in Sections 18.44 through 18.72, 18.150 (LAND DIVISION — SUBDIVISION), 18 . 154 (STREET AND UTILITY IMPROVEMENT STANDARDS) and any other applicable Chapter of this Code. 18 86 040 Established Areas Designations All Established Areas shall be designated on the Zoning District map with a capital "E" behind the general use designation as shown in the following examples: Residential — RE-4.5 Commercial — CE—G Industrial — IE—P 150 — 18 86 050 Administration and Approval Process A. The applicant for an Established Area map proposal shall be the recorded owner of the property or an agent authorized in writing by the owner. B. A Pre-Application Conference with City staff is required. See Section 18.32.030. C. Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the Pre-Application Conference is valid for not more than six (6) months. 1. Another Pre-Application Conference is required if any accessory use or structure application is submitted 6 months after the Pre-Application Conference. 2. Failure of the Director to provide any of the information required by this Chapter shall not constitute a waive of the standard, criteria or requirements of the applications. D. The Director shall mail notice of any Established Area map proposal to the following persons who may have the right to request a hearing before the Council in accordance with Section 18.32.100. f 1. All property owners of record within 250 feet of the property which is the subject of the application; and 2. The Chairperson of an official recognized Neighborhood Planning Organization, if the property which is the subject of the application lies wholly or partially within the boundaries of such organization. E. Action on the application shall be in accordance with section 18.32. 130 (PROCEDURES FOR DECISION-MAKING: QUASI JUDICIAL) and the following: 1 . Unless otherwise provided by this Code, the Commission shall hold a public hearing and recommend to the Council for approval, approval with conditions or denial of the application based on findings related to the applicable ; criteria set forth in sections 18.32.210 and 18.88 .020 of this Code. 2. The recommendation of the Commission shall be forwarded to the Council who shall approve, approve with conditions or ', deny the Developing Area map proposal. F. The Director shall change the Comprehensive Plan Map-Development Standard Areas to reflect the changes made by the Council. 151 - i 18.86.060 Application Submission Requirements A. All applications shall be made on forms provided by the Director and shall be accompanied by: 1. Fifteen copies for review by the Commission of the Established Area map proposal and necessary data or narrative which explains how the accessory use or structure proposal conforms to the standards: a. Sheet size indicating the area of the proposed Established Area map change plan(s) and required drawings shall be drawn on sheets not to exceed 18" x 24"; and b. The scale of the site plan shall be 20, 50, 100 or 200 feet to the inch. 2. A fast, certified by the Washington County Tax Assessor's Office of the names and addresses of all who are property owners of record within 30 days before the application and whose property is within 250 feet of the site. 3. The required fee. B. The necessary data or narrative shall indicate: 1. The number of acres to be included into the proposed Established Area; 2. The number of lots; 3. The units/acre within the area; 4. The general character of the area; and 5. The location and dimensions of all existing streets. — 152 — 18.88 DEVELOPING AREAS 18.88.010 Purpose \ A. The purpose of the Developing Area is to encourage innovative, economical and aesthetically pleasing development in areas where development patterns and area character are not yet defined. B. For purposes of this Chapter, a "Developing Area" is an area which has not been developed to urban densities, and shown on the Comprehensive Plan map. 18.88.020 Criteria for Inclusion within a Developing Area A. Any parcel of land within the Tigard Urban Planning Area may be included within a Developing Area, provided such parcel meets all of the following criteria: 1. The parcel is contiguous to a Developing Area, or the parcel is contiguous to other similar and contiguous parcels 5 acres or more in extent proposed for designation as a Developing Area. �a 2. The rcel is vacant or not developed to urban levels and is ontiguous with an Established Area. 18.88.030 Standards for Development A. Development within a Developing Area shall be reviewed in accordance with Chapter 18.80 (Planned Development), Chapter 18. 120 (Site Development Review), and any other applicable Chapter of this Code. B. A single family residential structure or a duplex or two attached single family residential units are exempt from the requirements of Chapter 13.80 (Planned Development); except Section 18.80.080 (Applicability of Base Zone Provisions) . C. If a development proposal within a Developing Area meets all of the standard criteria set forth in Chapters 18.44 through 18.72 (zoning district classifications) then such a development need not be reviewed through the PD process; except those properties and including an area within 200 feet of an Established Area. 18.88.040 Developing Area Designation All Developing Areas shall be designated on the Zoning District Map with a capital "D" behind the general use designation as shown in the following examples: Residential — RD-4.5 ii Commercial — CD—G Industrial — ID—P — 153 — ¢f gP} {k F 18.88.050 Administration and Approval Process r F �- A. The applicant for a Developing Area map proposal shall be the recorded owner of the property or an agent authorized in writing } by the owner. E B. A Pre-Application Conference with CiIy staff is required. See Section 18.32.030. t C. Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the Pre-Application Conference is valid for not more than 6 months. 1. Another Pre-Application Conference is required if any accessory use or structure application is submitted 6 months after the Pre-Application Conference. Y 2. Failure of the Director to provide any of the information e required by this Chapter shall not constitute a waive of the standard, criteria or requirements of the applications. E f D. The Director shall mail notice of any Developing Area map proposal to the following persons who may have the right to 4. request a hearing before the Council in accordance with Section 18.32.080. f 1. All property owners of record within 250 feet of the property which is the subject of the application; and 2. The Chairpersons of an official recognized Neighborhood Planning Organization, if the property which is the subject K of the application lies wholly or partially within the boundaries of such organization. E. Action on the application shall be in accordance with section 18.32.130 (Procedures for Decision-Making: Quasi-Judicial) and the following: 1. Unless otherwise provided by this Code, the Commission y shall hold a public hearing and recommend to the Council for approval, approval with conditions or denial of the . application based on findings related to the applicable criteria set forth in sections 18 .32.210 and 18 .88.020 of this Code. 2. The recommendation of the Commission shall be forwarded to the Council who shall approve, approve with conditions or deny the Developing Area map proposal . F. The Director shall change the Comprehensive Plan Map - Development Standard Areas to reflect the changes made by the Council . 154 - 6 k 18 88 060 Application Submission Reauirements - E. A. All applications shall be made on forms provided by the Director Uand shall be accompanied by: 1 . Fifteen copies for review by the Commission of the Developing Area map proposal and necessary data or narrative which explains how the accessory use or structure proposal conforms to the standards: , E a. Sheet size indicating the area of the proposed s. Developing Area map and required drawings shall be E drawn on sheets not to exceed 18" x 24"; and b. The scale of the site plan shall be 20, 50, 100 or 200 feet to the inch. g 2. A list, certified by the Washington County Tax Assessor's s Office of the names and addresses of all who are property owners of record within 30 days before the application and whose property is within 250 feet of the site. 3 . The required fee. g, The necessary data or narrative shall indicate: 1 . The number of acres to be included into the proposed , Developing Area; t 2. The number of lots; 3 . The units/acre within the area; t 4. The general character of the area; and E. 5. The location and dimensions of all existing streets. E E F i I I� !1f i' F' F f 4 — 155 — 18.90. ENVIRONMENTAL PERFORMANCE STANDARDS 18.90.010 Purpose ~ The purpose of this Chapter is to coordinate the Federal and State environmental guidelines and development within the City of Tigard. 18.90.020 General Provisions A. In addition to the regulations adopted herein, each use, activity, or operation within the City of Tigard shall comply with the applicable State and Federal standards pertaining to noise, odor, and discharge of matter into the atmosphere, ground, sewer system, or stream. B. Prior to issuance of a building permit, the Director may require submission of evidence demonstrating compliance with State, Federal and local environmental regulations and receipt of necessary permits. C. Compliance with State, Federal and local environmental regulations is the continuing obligation of the property owner and operator. 18.90.030 Noise A. The following additional restrictions are incorporated with the State Department of Environmental Quality (DEQ) standards for purposes of City noise regulation: 1. For purposes of measuring permitted sound levels from noise generating sources under the provisions of DEQ rules any point where a noise sensitive building could be constructed under the provisions of this Code shall apply as if such point contained a noise sensitive building. 2. Within the Industrial Park (IP) zoning district, each property or building under separate ownership from a noise generating source shall be considered a noise sensitive property under the provision of DEQ rules with the exception that the allowable noise levels may be increased by 5db. 3 . The construction, including excavation, demolition, alteration, or repair of any building, other than between the hours of seven a.m. and nine p.m. , except upon special permit granted by the Director, whereas such action may involve any loud, disturbing, or unnecessary noise in the City, shall be deemed disorderly conduct and therefore unlawful. 156 — i r. t C Y{ 4 18.90.040 Visible Emissions Within the Commercial Zoning Districts and a he Induo ri l Park Zoning District, there shall be no use, op other which results in a stack or other point source emission, than an emission from space heating, or the emission f pure uncombined water (steam) which is visible from a p p y 18.90.050 Vibration r No vibration other than that caused by highway vehicles, district and aircraft shall be permitted in any given t which is discernible without instruments at the property line of s the use concerned. r E 18.90.060 Odors The emission of odorous gases or other matter y such properts as to be readily detectable at any point beyond the property 3 line of the use creating the odors is prohibited. t 18.90.070 Glare and Heat 1. No direct or sky-reflected glare, whether from floodlights such or from welding oror igotherwise, se oas to sbesvisiblea at combustion theu lot aline t shall be permitted. no emission or transmission of heat or a. There shall be t heated air so as to be discernible at the lot line of the source. ` b. These regulations shall not apply to signs or floodlights of parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this Code. 18 .90.080 Insects and Rodents f All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. i 157 - } t 18.92. DENSITY COMPUTATIONS t 18 92 010 Purpose The purpose of this Chapter is to implement the Comprehensive Plan by establishing the criteria for determining the number of dwelling units permitted. 4` 5 18.92.020 Density Calculation A. subtracting Net development thet 1acres, shall determined following land area(s) from the gross acres as gg defined in Chapter 18.26: 4 1. All sensitive land areas: a. Land within the 100—year floodplain; 2 b. Land or slopes exceeding 25%; and C. Drainageways; 2. All land dedicated to the public for park purposes; 3. All land dedicated for public right—of—way: a. Single family — allocate 20% of gross acres for public facilities; b. Multiple family — allocate 15% of gross acres for public facilities; r c 4. All land proposed for private streets; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. 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. / xt 18 92 030 Residential Density Transfer V A. Units per acre on land area(s) listed in Section 18.92.020 (A)(1) may be transferred into units per acre on the remaining buildable land areas provided tr.a.t: 1. No more than 25% of the total unbuildable land area or the units on the buildable land area shall be transferable; and — 158 — 2. The total number of units per acres does not exceed 125% of aI the maximum number of units per gross site acre permitted V i._ for the applicable comprehensive plan designation. B. 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) . l 159 — s 18.94. MANUFACTURED/MOBILE HOME REGULATIONS 18.94.010 Purpose The purpose of this Chapter is to establish criteria for the placement of manufactured/mobile homes in mobile home subdivision and park developments within the City of Tigard. 18.94.020 Manufactured/Mobile Home Subdivision Standards A. In addition to the standards of the zoning district in which the project is located and other standards of this Code, a manufactured/mobile home subdivision proposal shall: 1. Comply with all applicable State standards and other City standards for the subdivision (Section 18.150); and 2. Be limited to manufactured/mobile home housing types. All other types of residential units shall not be permitted. 18.94.030 Manufactured/Mobile Home Park Standards A. The design of the proposed mobile home park shall be submitted to the Planning Department for review in accordance with Chapter 18. 120 (SITE DEVELOPMENT REVIEW) and Chapter 18. 130 (CONDITIONAL USE) . B. The design for the manufactured mobile home park shall conform to all applicable State standards established by the State of Oregon, Dept. of Commerce mobile home park standards (effective — February 1, 1979) . C. The manufactured/mobile home park shall: 1 . Have a minimum lot area of one acre. 2. Have a minimum frontage of 100 feet. 3 . Have a minimum depth of 150 feet. 4. Have a front and rear yard setback of 25 feet. 5. Have a side yard setback of 10 feet, except on a corner lot the side yards shall be 25 feet. 6. Have a minimum of 60 square feet of outdoor recreation area, suitably improved for recreational use, provided for each unit exclusive of required yards. Each recreation area shall have a minimum size of 2,500 square feet and a minimum width of 25 feet. 7. Have landscaping equivalent to 20 percent of the manufactured/mobile home park area. 1 — 160 — f 1 g, Be partially screened from the public right—of-way and adjacent residential areas by a combination of a sight ation of the obscuring fence,ovedv b e the oapproval erm oauthor r an ty . Except, that ® above as app y y s ard, any fence shall not exceed within the required front yE 3 feet in height. D. Evidence shall be provided that the park will be eligible for a } certificate of sanitation required by State law. E. Each site shall be adequately serviced by public facilities such as water supply, sewers, sidewalks, and improved streets. water, F. Each unit shall beoal connection shall ed provideforelectrical l Olad connection. The electric 220 volt service. G. No mobile home, accessory building or other structure shall be closer than 10 feet from another mobile home, access°ry building or other structure. H. No structure shall exceed 25 feet in height. or I, Each mobile the bile home k Ll following standards and shall be in pectsubdivision byt-L& shall meet Building Official. 1 . A state insignia indicating compliance of Oregon state mobile home construction standards in effect at the time of L manufacture and including compliance for reconstruction of equipment installation made after manufacture. 2. Each mobile home hi h shall may in have good ooccurredr, duetwtohsmisuse y deteriorationa neglect, accident or other cause; and 3. Each mobile home shall contain a water closet, lavatory, shower or tub, and a sink in a kitchen or other food preparation space. . 4. Mobile homes shall be installed under the provisions of the t administrative rules adopted by the Director of Commerce and administered by the State Building Code Division. J. Each vehicular way in a mobile home park shall be named and : marked with signs which are similar in appearance to those used to identify public streets. g 1 . A map or the named vehicular ways shall be provided to the applicable fire district, the police department, and the public works department. i 161 — K. If a mobile home space or permanent structure in the park is more than 500 feet from a public fire hydrant, the park shall provide: 1. Water supply lines designed with fire hydrants which shall be provided within five hundred feet of such space or structure; and 2. Each hydrant within the park shall be located on a vehicular way and shall conform in design and capacity to City and the applicable water district standards. L. Each manufactured/mobile home im a mobile home park or subdivision shall have a continuous perimeter skirting installed pursuant to State regulations, which shall be of the same material and finish as the exterior of the mobile home. M. The wheels, tongue and traveling lights of the 4 manufactured/mobile home in a mobile home park or subdivision shall be removed upon insta a aon o ni N. There shall be no outdoor storage of furniture, tools, equipment, building materials, or supplies belonging to the occupants or management of the park. O. Accessways or driveways shall be lighted in accordance with City standards . P. Primary access to the manufactured/mobile home park shall be from a public street and shall be in accordance with Chapter 18. 112 (Access and Egress) . 1. Where necessary, additional street right-of-way shall be dedicated to the City to maintain adequate traffic circulation. 2. Access driveways connecting units to a public street shall have a width of not less than 36 feet, of which not less than 20 feet shall be paved. 3 . Driveways shall be designed to provide for all maneuvering E and parking of units without encroaching on a public street. 4 r 4. If the park provides spaces for 50 or more mobile home units, each vehicular way in the park shall be named and s. marked with signs which are similar in appearance to those used to identify public streets. C �. The maximum number of manufactured/mobile homes in the park shall not exceed the amount calculated in Section 18.92. 3 !_ r. 162 - 18 94 040 Nonconforminq Mobile Homes A. Mobile home parks existing at the adoption of this ordinance not meeting the standards set forth herein shall be considered nonconforming and are subject to the standards set forth in Section 18. 132.040 (D) of this Code. B. Nonconforming mobile homes in such parks may be replaced with like mobile homes that meet the standards of section 18.94.030 when they are moved or destroyed. i 163 — 4 18 104 ADDITIONAL YARD SETBACK REQUIREMENTS AND EXCEPTIONS { 18. 104.010 Purpose A. The purpose of this Chapter is to permit or afford better light, air and vision clearance on more heavily traveled streets and on streets of substandard width, to make the location of structures compatible with the need for the eventual widening of streets by providing for additional yard setback distances, to assure there is adequate distance between buildings on the site and to provide standards for projections into yard areas. 18. 104.020 Additional Setback From Center Line Required A. To assure improved light, air and sight distance, and to protect the public health, safety and welfare, structures in any zoning district which abut certain arterial and collector streets shall be setback a minimum distance from the centerline of the street. B. Where the street is not improved, the measurement shall be made at right angles from the centerline or general extension of the street right—of—way. 1. Arterials Streets The required setbacks distance for buildings on arterial streets shall be the setback distance required by the zoning district plus the following distances measured from the centerline of the street: Street Names Additional Centerline Setback Requirement (in feet) a. S.W. Pacific Highway within City Limits 68 b. Hall Boulevard 45 C. Scholls Ferry Road 50 d. Durham Road (between Hall Blvd. & Upper Boones Ferry) 45 e. Upper Boones Ferry Road 45 2. Collector Streets . The required setback distance for buildings on the following collector streets shall be the setback distance required by the zoning district plus 30 feet measured from the centerline of the street. Street Names a. Ash Avenue b. Atlanta — Haines (east of 68th Avenue) C. Atlanta (west of 68th Avenue) d. Beef Bend Road e. Bonita Road f. Bull Mountain Road g. Burnham Street h. Cascade Boulevard i. Commercial Street �. j . Durham (Pacific Highway—Hall Blvd . ) 164 k. Franklin Street 1. Gaarde Street M. Grant Avenue n. Greenburg Road o. Hunziker Street P. Main Street q. McDonald Street r. Murdock Street s. North Dakota avenue t. Oak (west of Hall) U. Pfaffle Street V. Sattler Street (40' pavement between 100th and Hall) W. Summerfield Drive X. Tiedeman Avenue Y. Tigard Street Z. Walnut Street aa. 68th Avenue bb. 68th Avenue (south of Pacific Highway) CC. 70th (south of Pacific Highway) dd. 72nd Avenue ee. 97th Avenue ff. 98th Avenue gg. 110th Avenue hh. 121st Avenue ii. Planned: Dartmouth to Pfaffle connection jj . Planned: Hampton to 69th (westerly loop road) C. The .minimum yard requirement shall be increased to provide for street .widening in the event a yard abuts a street having a right-of-way width less than required by its functional classification on the City's Transportation Plan Map and ,in such case the setback shall be not less than the setback required by the zone plus one half of the projected road width as shown on the Transportation Map; however D. The minimum distance from the wall of any structure to the centerline of an abutting street shall not be less than 25 feet r'us the yard required by the zone. This provision shall not apply to right-of-ways of 50 feet or greater in width. 18.104.030 Distance Betwe Multiple Family esidential Structure and Other Structures on t1te Sit A. To provide privacy, light, air, and access to the multiple and attached residential dwellings within a development, the following separations shall apply: 1. Buildings with windowed walls facing buildings with windowed walls - 25 foot separation. ! _ r 2. Buildings with windowed walls facing buildings with a blank wall - 15 foot separation. 3. Buildings with o f g opposing blank walls - 10 foot separation. 165 - is 4. Building separation shall also apply to building of projections such as balconies, bay windows, and room projections. 5. Buildings with courtyards to maintain separation of opposing walls as listed in 1, 2, and 3 above for walls in separate buildings. g, where buildings exceed a horizontal dimension of 60 feet or exceed 30 feet in height, the minimum wall separation shall be 1 foot for each 15 feet of building length over 50 feet and 2 feet for each 10 feet of building height over 30 feet. t. C. Driveways, parking lots, and common or public walkways shall maintain the following separation for dwelling units within 8 feet of the ground level. f !. Driveways and parking lots shall be separated from windowed ' walls by at least 8 feet; walkways running parallel to the Z face of the structures shall be separated by at least 5 { z feet. t 2. Driveways and parking lots shall be separated from living room windows by at least 10 feet; walkways running parallel E to the face of the structure shall be separated by at least 7 feet. F f 18.104.040 No Yard Required• Structure Not on Property Line 4 In zoning districts where a side yard or a rear yard setback is not -required, a structure which is not to be built on the a property line, shall be set back from the property line by at least 3 feet in accordance with the Uniform Building Code requirements. 18. 104.050 Exceptions to Yard Requirements i A. If there are dwellings on both abutting lots with front yard depths less than the required depth for the zone, the depth of the front yard for the intervening lot need •not exceed the average depth of the front yards of the abutting lots. B. If there is a dwelling on one abutting lot with a front yard of less depth than the required depth for the zone, the front yard for the lot need not exceed a depth one-half way between the depth of the abutting lot and the required front yard depth. 1 18. 104.060 Storage in Front Yard i Boats, trailers, campers, camper bodies, house trailer, recreation vehicles or commercial vehicles in excess of three _ quarter ton capacity shall not be stored in a required front yard in a residential zone. 7 - 166 - 18.104.070 Projections into Required Yards A. Cornices, eaves, belt courses, sills, canopies, or similar architectural features may extend or project into a required yard not more than 36 inches provided the width of such yard is not reduced to less than 3 feet. B. Fireplace chimneys may project into a required front, side or rear yard not more than 3 feet, provided the width or such yard is not reduced to less than 3 feet. C. Open porches, decks, or balconies, not more than 36 inches in height and not covered by a roof or canopy, may extend or project into a required rear or side yard provided such natural yard area is reduced to less than 3 feet and the deck is screened from abutting properties. Porches may extend into a required front yard not more than 36 inches. D. Unroofed landings and stairs may project into required front or rear yards only. 18. 104.080 Lot Area for Flag Lots A. The lot area for a flag lot shall comply with the lot area requirements of the applicable zoning district. B. The lot area shall be provided entirely within the building site area exclusive of any accessway (see figure below). 18. 104.090 Front Yard Determination The owner or developer of a flag lot may determine the location of the front yard, provided no side yard setback area is less than 10 feet, and provided the requirements of Section 18.105.030 (Building Heights and Flag Lots) arms satisfied. 167 — J i 18. 105 BUILDING HEIGHT LIMITATIONS, EXCEPTIONS l 18.105.010 Projections Not Used for Human Habitation Projections such as chimneys, spires, dames, elevator shaft housings, towers excluding TV dish receivers, aerials, flag poles and other similar objects not used for human occupancy, are not subject to the building height limitations of this Code. 18. 105.020 Building Height Exceptions A. The height of any building may be built to a maximum height of 75 feet provided: 1. The total floor area of the building does not exceed one and 1 1/2 the area of the site; 2. The yard dimensions in each case are equal to at least 1/2 of the building height of the principal structure; 3. The approval of this exception is a part of the approval of the conditional use allowed under Chapter 18.130; and 4. The structure is not abutting a residential zoning district. 18.105.030 Building Heights and Flag Lots A. The maximum height for a single—family, duplex, attached or multiple family residential structure on a flag lot or a lot having sole access from an accessway, private drive or easement shall be 1 1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2 1/2 stories or 35 feet, whichever is less, provided: 1. The proposed dwelling otherwise complies with the applicable dimensional requirements of the zoning district; 2. A residential structure on any abutting lot either is located 50 feet or more from the nearest point of the subject dwelling, or the residential structure exceeds 1 1/2 stories or 25 feet in height on any abutting lot; and 3. Windows 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting lot unless the t proposal includes an agreement to plant trees capable of mitigating direct views without loss of solar access to any t dwelling unit, or that such trees exist and will be preserved. B. Where an agreement is made to g plant trees capable of mitigating direct views, the agreement shall be deemed a condition of approval under the provisions of Section 18.32. 180 (E). 168 — C. The tree planting agreement shall be subject to the provisions of Chapter 18. 120 (SITE DEVELOPMENT REVIEW) for 3 or more C attached units or a multiple family residential structure, or at issuance of a building permit for single detached units, 1 duplex or 2 attached residential units. �i 169 — r 18.106. LANDSCAPING AND SCREENING 18.106.010 Purpose A. The purpose of this Chapter is to establish standards for landscaping and screening within Tigard in order to enhance the aesthetic environmental quality of the City: 1. By protecting existing street trees; 2. Through the use of plant materials as a unifying element; 3. By using planting materials to define spaces and articulate the uses of specific areas; and 4. By using trees and other landscaping materials to mitigate the efforts of the sun, wind, noise and lack of privacy by the provision. 18.106.020 General Provisions A. The owner, tenant and their agent, if any, shall be jointly and severably responsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. r B. All plant growth in interior landscaped areas of developments shall be controlled by pruning, trimming or otherwise so that: 1. It will not interfere with the maintenance or repair of any public utility; 2. It will not restrict pedestrian or vehicular access; and 3. It will not constitute a traffic hazard because of reduced visibility. C. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures. 2. The plant materials shall be of high grade. L/ 3. Landscaping shall be installed in accordance with the provisions of this Code. 4. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. D. Existing plant materials on a site shall be protected as much as possible; and 170 — E i 1 1, The developer shall provide methods for the protection of existing plant material to remain during the construction p i process. 2• The plants to be gavel shall be noted on the landscape plans, (e.g• areas not to be disturbed can be fenced, as in aced around individual trees) . snow fencing which can be pl # of D. Appropriatemethods Omateri alsh shall be pe care and ro ided by maintenance owner tofrthe 4 and landscapingrequired property abutting the rights-of-way unless otherwise ublic. for Emergency conditions and the safety of the general p E. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval n no instance shall be less than during development review and i that required for conventional development. No trees, shrub or the plantings more than 18 inches in height ;hal no establishedbe planted in curb public right-of-way abutting roadways having e and gutter. r 18.106.030 Street Trees A. All development projects fronting on a public, private street, or a private driveway more than 150 feet in length and serving 5 € or more residential units or a nonresidential use approved after the adoption of this Code shall be required to plant street trees in accordance with the standards in Section 18.106.032. damage utilities, streets and g, Certain trees can severely Approval of any sidewalks or can cause personal injury. t planting list shall be subject to review by the Director and k Public Works Director. C 18.106.032 Location of Street Trees in the front and exterior side yards shall include j A. Landscaping rt, and located outside trees, planted no more than 50 feet apart, of the street right-of-way except in cases where there is a designated planting area in the subsection right-of-way, and as specified !` in the requirements stated g The specific spacing of street trees by size of tree shall be as follows: 1. Small or narrow stature trees (under 25 feet, less than 16 feet wide branching) shall be spaced no greater than 20 feet apart. 2. Medium sized trees (25 to 40 feet tall, 16 to 35 feet wide branching) shall be spaced no greater than 30 feet apart. 3. Large trees (over 40 feet, more than 35 feet wide branching) shall be spaced no greater than 40 feet. 171 - 4. Trees shall not be planted closer than 20 feet from a street intersections, nor closer than 5 feet from private driveways (measured at the back edge of the sidewalk), fire hydrants, or utility poles in order to maintain visual clearance. 5. No new utility pole location shall be established closer than 5 feet to any existing street tree. 6. Tree pits shall be located so as not to include services (water and gas meters, etc. ) in the tree well. 7. On premise services shall not be installed in the future within existing tree well areas. 8. Street trees shall not be planted closer than 20 feet to light standards. 9. Except for public safety, no new light standard location shall be positioned closer than 10 feet to any existing street tree, and preferably such locations will be at least 20 feet distant. ir` Trees shall no be planted closer than 2-1/2 feet from the face of the curb except at intersections where it shall be 5 feet from the curb. 11. Where there are overhead power lines, street tree species selected shall be of a type are to that a full maturity will not interfere with the lines. 12. Trees shall not be planted within 2 feet of any permanent hard surface paving or walkway. a. Space between the tree and su;h hard surface may be covered by nonpermanent hard surfaces such as grates, bricks on sand, paver blocks and cobblestones. b. Sidewalk cuts in concrete for tree planting shall be at least 4 x 4 feet to allow for air and water into the root area. C. Trees, as they grow, shall be pruned to provide at least 8 feet of clearance above sidewalks and street roadway surfaces. 18.106.040 Cut and Fill Around Existing Trees A. Existing trees may be used as street trees if no cutting or filling takes place within the dripline of the tree unless an exception is approved by the Director and the Public Works Director. B. An exception will be approved if: - 172 - 1. The ground within the dripline is altered for drainage purposes; and 2. It can be shown that the cut or fill will not damage the roots and will not cause the tree to die. 18. 106.050 Replacement of Street Trees i _ t f A. Existing street trees removed by development projects or other construction shall be replaced by the developer with those types of trees approved by the Director and Public Works Director. t B• The replacement trees shall be of a size and species similar to the trees that are being removed unless lesser sized alternatives are approved by the Director and Public Works Director. 18.106.060 Exemptions � A. Exemptions from the street tree requirements may be granted by the Director on a case by case basis. E B. Exemptions shall be granted: Y E: c 1. If the location of a proposed tree would cause 6 potential problems with existing utility lines; 2. If the tree would cause visual clearance problems; or 3. If there is not adequate space in w4ich to plant street trees. C. The Director may allow trees closer to specified intersections which are signalized provided the provisions r of Chapter 18. 109 (VISUAL CLEARANCE) are satisfied. 18.106.070 Screening — General A. A buffer consists of an area within a required interior setback adjacent to a property line and having a depth equal to the amount specified in the buffer matrix and containing a length equal to the length of the property line of the abutting use or uses. B. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City. C. A fence, hedge, or wall, or any combination of such elements, which is located in any yard is subject to the conditions and requirements of section 18. 106.080. I 173 — E 1 D. It is the intent that these requirements shall provide privacy and protection and reduce or eliminate the adverse impacts of ( visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles. 18.106.080 Buffering/Screaning Requirements A. The minimum improvements within a buffer area shall consist of the following: 1. At least one row of trees with a combination of deciduous and evergreen trees not less than 10 feet high for deciduous trees and 5 feet for evergreen trees at the time of planting, and spaced not more than 15 feet apart. This requirement may be waived by the Director where it can be demonstrated that such trees would conflict with other purposes of this Code. 2. At least 5 five—gallon shrubs or 10 one—gallon shrubs for each 1,000 square feet of required buffer area. 3. The remaining area treated with ground cover (i.e. , lawn, bark, rock, ivy, evergreen shrubs, etc. ). 4. Where buffer screening is required the following standard shall apply in addition to conditions (1) and (3) above: a. One row of evergreen shrubs shall be planted which will grow to form a continuous hedge at least 5 feet in height within 2 years of planting; or b. A minimum of a 5—foot fence or masonry wall shall be constructed which shall provide a uniform sight obscuring screen; or C. An earth berm combined with evergreen plantings or fence shall be provided which shall form a sight and noise buffer at least 6 feet in height within 2 years of installation. d. All fences and walls shall comply to the requirements set forth in Sections 18. 106.080 (B) and (C) and 18. 106.090. e. Buffering and screening provisions shall be superseded by the vision clearance requirements of Chapter 18. 109 where applicable. f. In lieu of these standards a detailed landscape plan may be submitted for approval by the Director, which provides the same degree of desired buffering utilizing alternative designs. 174 — i = E F B. Fences and Walls. 1. Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls such as wood or brick, or otherwise acceptable by the Director. 2. Such fence or wall construction shall be in compliance with other City regulations. 3. Chain link fences with or without slats shall qualify for screening only in conjunction with evergreen plant materials at the same height or taller as the fence. s 6 C. Hedge. f 1. An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a sight—obscuring fence where required. r 2. Such hedge or other dense landscaping shall be properly maintained and shall be replaced with another hedge, other dense evergreen landscaping or a fence or wall when it ceases to serve the purpose of obscuring view. s t 3. No hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall in a vision clearance area as set forth in Chapter 18. 109. 18.106.090 Setbacks for Fences or Walls L 7 A. No fence or wall shall be constructed which exceeds the E following setbacks except when the Hearings Officer, as a condition of approval of variance, allows that at fence or wall F be constructed to a height greater than otherwise permitted by this Section in order to mitigate against potential adverse effects. s B. Fences or walls: 1. May not exceed 3 feet in height in a required front yard or 6 feet on a corner side yard and in all cases shall meet vision clearance area requirements (Chapter 18. 109); 2. Are permitted outright in side yards or rear yards to 6 feet; 3. Located in a side or rear yard and which exceed 6 feet in € height shall be subject to building permit approval; , 4. Located in the front yard or corner side yard and which exceed the height limitation shall comply with the setback requirements for structures set forth in the applicable zone; t g ti 175 — 5. Located within a corner side shall be no closer than 2 feet from the property line, and shall satisfy visual clearance requirements. 18. 106.100 Height eZestrictions A. The prescribed heights of required fences, walls or landscaping shall be measured from the actual adjoining level of finished grade, except that where parking, loading, storage, or similar areas are located above finished grade, the height of fences, walls or landscaping required to screen such areas or space shall be measured from the level of such improvements. B. An earthen berm and fence or wall combination shall not exceed the 6-foot height limitation for screening. 18. 106.110 Screening Special Provisions A. Screening of Parking and Loading Areas. Screening of parking and loading areas is required. The specifications for this screening are as follows: 1. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters. rr 2. Landscape planters may be used to define or screen the appearance of off-street parking areas from the public right-of-way. 3. Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees. 4. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each 10 parking spaces in order to provide a canopy effect. 5. The minimum dimension of the landscape islands shall be 3 feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. B. Screening of Service Facilities. Except for one and two family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility, or any residential area, shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area. C. Screening of Swimming Pools. All swimming pools shall be enclosed with a 4-1/2 foot fence surrounding the pool when the pool is greater than 18 inches deep. Fences shall have a self latching gate. - 176 - iS 106 120Reveqetation E A. Where natural vegetation has been removed requirements and rough grading t at are in areas not affected by the lands,aping q r not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. i } B. Preparation for Revegetation_. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway. 1, Such storage may not be located where it would cause suffocation of root systems of trees intended to be R preserved. 2. After completion of such grading, topsoil is to be rads red to exposed cut and fill embankments or building p to provide a suitable base for seeding and planting. x C. Methods of Reveaetation. Acceptable methods of revegetation p include hydromulching, or the planting of rye grass, barley or other seed with equivalent germination rates. 1. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at e not less than 4 pounds to each 1,000 square feet of land area. 2. Other revegetation methods offering equivalent protection may be approved by the Approval Authority. E 3. Plant materials are to be watered at intervals sufficient . to assure survival and growth. 4. The use of native plant materials is encouraged to reduce irrigation and maintenance demands. F 1 4 t i 1 [ 4 l 177 — 18.109. VISUAL CLEARANCE AREAS 18. 109.010 Purpose The purpose of this Chapter is to establish standards which will assure proper site distances at intersections in order to reduce the hazard from vehicular turning movements. 18.109.020 Visual Clearance.= Required A. Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. B. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree) exceeding 3 feet in Freight, measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below 8 feet are removed. 18.109.030 Computation: Non-Arterial Street and Access 24 Feet or More in Width A visual clearance area for all street intersections, street and accessway intersections (accessways having 24 feet or more in width), and street or accessway and railroad track intersections shall be that triangular area formed by the right-of-way or property lines along such lots and a straight line joining the right-of-way or property line at points which are 30 feet distance from the intersection of the right-of-way line and measured along such lines. Visual Clearance Area for Corner Lots and Driveways 24 Feet or More in Width FIGURE 1 178 - (t i 18 109 040 Computation: Arterial € f'- On all designated arterial streets the visual clearance area shall not be less than 35 feet on each side of the intersection. (See Figure 1) t 18. 109.050 Computation Non-Arterial Street and Accesswav Less Than 24 Feet in Width The visual clearance area for street intersections, street and accessway intersections, and street or accessway and railroad track intersections (accessways having less than 24 feet in o width) shall be that triangular area whose base extends 30 feet along the street right-of-way line in both directions from the centerline of the accessway at the front setback line of a single family and two family residence, and 30 feet back from the property line on all other types of uses. K Visual clearance area for corner lots and driveways less than 24 feet in width. J E t e t F "s 6 { 179 - 18. 110 FUEL TANK INSTALLATIONS A. All above ground fuel tank installations are prohibited. B. Underground fuel tanks may be installed in all districts. 1 . An application for a conditional use permit shall be approved by the Hearings Officer in accordance with Section 18.32. 130 prior to installation. 2. Application for a conditional use permit shall be accompanied by a signed, approved document from the applicable fire district. t tpt t {i h 3 C \_ f f k S b S I i t 1 i i E t S 180 — f a F f 18 111 OFF-STREET PARKING AND LOADING REQUIREMENTS ( 18. 111.010 Purpose A. The purpose of these regulations is to establish parking areas having adequate capacity and which are appropriately located and designed to minimize any hazardous conditions on site and at access points. B. The parking requirements are intended to provide sufficient parking in close proximity to the various uses for residents, customers, and employees; and to establish standards which will maintain the traffic carrying capacity of nearby streets. 18. 111.020 General Provisions A. The dimensions for parking spaces shall be: 1. Nine feet wide and 18 feet long for a standard space; and 2. Eioh�and one half feet wide and 15 feet long for a compact (! ;..'-:r.ti 4►s F; space. Y y- t : r3 In accordance with the applicable state and federal � ✓ 5, • . , ,, r, ^ -standards, at leasttwelve feet wide and 19 feet long for designated handicap parking spaces. The provision and maintenance of off-street and loading spaces are continuing obligations of the property owner. ' l. No building or other permit shall be issued until plans are presented to the Director to show that property is and will remain available for exclusive use as off-street parking and loading space; and 2. The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified d6ntinu4nce and availability of the amount of parking and loading space required by this title. C. Parking Requirements for Unlisted Uses. 1 . Upon application and payment of fees, the Director as provided by Section 18.32.060(A) may rule that a use, not specifically listed in Section 18. 111 .030 is a use similar to a listed use and that the same parking standards shall apply. The ruling on parking requirements shall be based on the requirements of Section 18.32.080 and findings that: a. The use is similar- to and of the same general type as a listed use; b. The use has similar intensity, density and off-site impacts as the listed use; and 181 - ( i 7 I j C. The use has similar impacts on the community r ` facilities as the listed use. 2. This section does not authorize the inclusion of a use in a f zoning district where it is not listed or a use which is specifically listed in another zone or which is of the same € general type and is similar to a use specifically fasted in another zoning district. 3. The Director shall maintain a list of approved unlisted uses parking requirements which shall have the same affect R as an amendment to this Chapter. . D. Existing and New Uses. At the time of erection of a new structure or at the time of enlargement or change in use of an existing structure within any district, off-street parking ; spaces shall be as provided in accordance with Section 18.111.030. 1. In case of enlargement of a building or use of land existing on the date of adoption of this Code, the number of parking and loading spaces required shall be based only on floor area or capacity of such enlargement. 2. If parking space has been provided in connection with an existing use or is added to an existing use, the parking space shall not be eliminated if the elimination would result in less space than is specified in the standards of this Section when applied to the entire use. z r. E. Change in Use. f z 1. When an existing structure is changed in use from one use to another use as listed in Section 18.111.030, and the F parking requirements for each use are the same, no additional parking shall be required. k 2. Where a change in use results in an intensification of use f in terms of the number of parking spaces required, additional parking spaces shall be provided in an amount equal to the difference between the number of spaces required for the existing use and the number of spaces required for the more intensive use. F. Shared parking in Commercial Districts. 1. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same parking and loading spaces when the hours of operation do not overlap. 2. Satisfactory legal evidence shall be presented to the Director in the form of deeds, leases, or contracts to # establish the joint use. ! k i e E 182 - s 3. If a joint use arrangement is subsequently terminated, the requirements of this Code thereafter apply to each separately. G. Shared Parking in Residential Districts. 1. Multi-dwelling units with more than 10 required parking spaces shall provide shared parking for the use of guests of the residents of the entire complex. 2. The shared parking shall consist of 15 .percent of the total required parking spaces, and centrally located within the developments. H. Location of Required Parking. 1. Off-street parking spaces for single family duplex dwellings and single family attached dwellings shall be located on the same lot with the dwelling. 2. Off-street parking spaces for uses not listed in (1) above shall be located not further than 200 feet from the building or use they are required to serve, measured in a straight line from the building with the following exceptions. a. Shared parking areas, as provided by subsection (F) above for commercial uses which require more than 40 parking spaces may provide for the spaces in excess of the required 40 spaces up to a distance of 300 feet Y from the commercial building or use. b. Industrial and manufacturing uses which require in excess of 40 spaces may locate the required spaces in excess of the 40 spaces up to a distance of 300 feet from the building. I. Mixed Uses. Where several uses occupy a single structure or parcel of land or a combination of uses are included in one business, the total off-street parking spaces and loading area shall be the sum of the requirements of the several uses, computed separately. J. Choice of Parking Requirements. When a building or use is planned or constructed in such a manner that a choice of parking requirements could be made, the use which requires the greater number of parking spaces shall govern. K. Availability of Parking Spaces. Required parking spaces shall: 1. Be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only; 183 - rials or 2. Not be used trutrucks storage in conducting the ebusiness orr use; parking of c f and g Not be rented, leased or assigned to any other person or ss the required number of spaces stated in organization unle section 18.111.030; and L Pa - Recreation Vehicles. The parking restrictions shall not be interpreted to prevent the parking on site of one unoccupied house or camping trailer and one pleasure boat provided the applicable parking requirements of this Code are satisfied. M. Parkins Lot Landscapins. Parking lots shall be landscaped in accordance with the requirements in Chapter 18.106. N. Desisnated Parking for the s than 20 parking spaces, All parking areas which contain over 5 required spaces, but les shall be provided with one handicapped parking space- Parking ces shall be provided with one areas with more than 20 spa parking space for every 50 standard parking spaces. handicapped Pa symbol shall be painted on the parking The handicapped parking sy sign shall be placed in front of space or a handicapped parking icapped parking space shall contain a each space. Each hand t minimum width of 12 feet. Desi. Hated Parkin for Com ct Vehicles. All parking spaces 0. painting the designated for compact vehicles shall be labeled by p -3 ni�, . words "COMPACT ONLY" on the parking space. For each parking area P. Motor Cycle and Bicycle Parkin areas shall be created and ps continuing more than 15 spaces, g. At least designated for motorcycle, space shallbic be cle nprovid d for each 15 r. one secured bicycle rack spa parking spaces in any development. Motor cycle and bicycle parking areas shall not be located within parking aisles, r landscape areas, or pedestrian ways. 4 Liahtins• Any lights provided to illuminate any public or z or vehicle sales area shall be so arranged private parking area r as to reflect the light away from any abutting or adjacent a residential district. R. To be Ready for Use b r Final Buildin Ins ection. Required 5 parking spaces shall be completely improved to City standards and available for use at the time of the final building 's inspection. S. Plan Building Permit Prerequisite. A plan drawn to scale, indicating how the off-street parking and loading requirement is � to be fulfilled, shall accompany the request for a building permit on site development review permit in accordance with section 18. 120. 180(A)(12) . T Measurement for Required Parking. Where square feet are specified, the area measured shall be gross floor area under the roof measured from the faces of the structure, excluding only space devoted to covered off-street parking or loading. 184 - U. Employees. Where employees are specified, the employees counted are the persons who work on the premises including proprietors, executives, professional people, production, sales and distribution employees, during the largest shift at peak season. V. Fractions. Fractional space requirements shall be counted as a whole space. W. On—Street Parking. Parking spaces in the public street or alley shall not be eligible as fulfilling any part of the parking requirement. 18.111.030 Minimum Off—Street Parking Requirements A. Residential Uses 1. Single—family Residences 2 spaces for each dwelling (attached or detached) unit, one of which shall be on a local street covered 2. Single—family Residences Exclusive of garage 2 spaces (attached or detached) for each dwelling unit, one on a collector or of which shall be covered arterial street 3. Two—family Residences Same as single—family f 4. Multiple dwelling a. Studio 1 space for each unit b. 1-2 bedroom units 1.5 spaces for each unit " c. More than 2 bedrooms 2 spaces for each unit — each per unit unit shall have 1 covered parking space 5. Group residential 1 space for each guest room plus 1 space for each employee 6. Group care residential 1 space per 3 beds, plus 1 space for each employee B. Civic Uses E 1. Community recreation exempt f 2. Cultural exhibits and { library services 1 space per 400 square feet of gross floor area. 3. Children's Day Care 5 spaces,plus 1 space per ` classroom. t ( i q 185 — 4. Hospitals 1 1/2 space per bed. ! 5. Lodge, fraternal and 1 space for every 6 fixed civic assembly seats or every 12 feet of bench length or 1 space for every 60 square feet of gross floor area. 6, Public Agency Administrative Service 1 space for every 350 square feet of gross floor area. 1 space for every employee of y, Public Safety Services the largest shift- s. Religious Assembly 1 space for every 6 fixed seats or every 12 feet of bench length or every 100 square feet of gross floor area where there are no permanent seats. g. Schools spaces p per a. Preschool/Kindergarten clasPlus 1 space oom b, Elementary, junior 1.5 spaces for every employee, high school or plus 1 space for each 100 equivalent private or square feet of floor area in parochial school. the auditorium or other assembly or 1 space for each 8 seats C. Senior high and 1.5 spaces for each employee, equivalent private or plus 1 space for every 6 classroom seats, plus 1 space parochial school. for each 100 square feet of floor area or 1 space for each 8 seats in the auditorium or other assembly room d. Commuter—type college 1 space for every full—time equivalent student e. Resident—type college 1 space for every 3 full—time equivalent students f. Commercial or business 1space for seevery ntfull time school equivalent 186 — i f i 4 ! C. Commercial Uses t � � f 1 1. Administrative and 1 space for each 350 square Professional Services feet of gross floor space. 2. Adult Entertainment 1 space for each 400 square feet of gross floor area, if book store, and 1 space per 6 seats or 12 feet of bench E length, if theatre. ' 3. Agricultural Sales 1 space per 400 square feet t of gross floor area, but not l less than 4 spaces for each establishment. E 4. Agricultural Services 1 space per 400 square feet of gross floor area, but not less than 4 spaces for each establishment. 5. Amusement Enterprises 1 space per 300 square feet of gross floor area, plus 1 space for every 2 employees or 1 space per 4 seats 3 S 6. Animal Sales and Services a. Auction 1 space per 50 square feet of gross floor area. . .. b. Grooming 1 space per 400 square feet of gross floor area. a C. Kennels 1 space per employee d. Veterinary 1 space per 300 square feet of gross floor area. i 7. Automotive and Equipment a. Cleaning 1 space per 500 square feet of gross floor area. b. Fleet storage 1 space per each employee on the largest shift or 1 space per 1500 square feet, whichever is larger. C. Repairs/Heavy 1 space per 500 square feet Equipment of gross floor area, but not less than 3 spaces for each ! establishment. d. Repair/Light Equipment 1 space per 500 square feet of gross floor area, but not less than 3 spaces for each establishment. € 187 — i e. Sales/Rental: Farm Equipment 1 space per 1000 square feet of gross floor area, but not less than 10 spaces for each establishment. f. Sales/Rental: Heavy Equipment 1 space per 1000 square feet of gross floor area, but not less than 10 spaces for each establishment. g. Sales/Rentals: Light Equipment 1 space per 1000 square feet of gross floor area, but not less than 10 spaces for each establishment. h. Storage: Non— operating Vehicles 1 space for each employee on largest shift or 1 space for each 1500 square feet, whichever is larger. i. Storage: Recreational vehicles and Boats 1 space for each employee or largest shift or 1 space for each 1500 square feet, whichever is larger. e. Building Maintenance Service 1 space for each 500 square feet of gross floor area, but not less than 3 spaces for each establishment. 9. Business Equipment Sales and Service 1 space per 350 square feet of gross floor area. 10. Business Support Services 1 space per 350 square feet of gross floor area. il. Communication Services 1 space per 350 square feet of gross floor area. 12. Construction Sales and 1 space per 1000 square feet Services of gross floor area. 13. Consumer Repair 1 space per 500 square feet Services of gross floor area. 14. Convenience Sales and 1 space per 400 square feet Personal Service of gross floor area, but not less than 4 spaces per each establishment. 188 — J 15. Eating and Drinking 1 space per 50 square feet of Establishments dining area plus 1 space for every 2 employees �! iG. Explosive Storage 1 space for each employee on the largest shift or 1 space for each 1500 square feet, whichever is larger. 17. Financial, Insurance and Real Estate 1 space per 350 square feet of gross floor area. 18. Food and Beverage 1 space per 200 square feet Retail Sales of gross floor area, plus 1 space for every 2 employees 19. Funeral and Interment Services a. Crematory and Under— taking 1 space per each 4 seats or 8 feet of bench length in depth, or 1 space per 60 square feet where there are so fixed seats. b. Interning and Cemeteries Exempt 20. General Retail 1 space for each 400 square Sales feet of gross floor area, but not less than 4 spaces for each establishment. 21. Laundry Service 1 space per 500 square feet of gross floor area, but not less than 3 spaces for each establishment. 22. Medical and Dental Service 1 space gross floor 2area. quare feet of 23. Participant Sports and Recreation a. Indoor 1 space per 300 square feet of gross floor area. b. Outdoor 1 space per 100 square feet, plus 1 space for every 2 employees 24. Personal Service 1 space per 500 square feet Facilities of gross floor area 189 — V. 25. Research Services 1 space for each employee or the largest shift or 1 space ( per 500 square feet, whichever is larger. 26. Retail Sales: 1 space for each 1000 square Bulky merchandise; feet of gross floor area but i.e. , furniture, appliances not less than 10 spaces for each establishment. 27. Scrap Operations and 1 space per each employee, Recycling Center but not less than 5 spaces for each establishment. 28. Spectator Sports and 1 space per 6 seats or 12 Entertainment: feet of bench length. 29. Transient Lodging 1 space for each room plus 1 space for each 2 employees I. Industrial Uses 1. Manufacturing, 1 space per employee of the production, processing largest shift and assembling 2. Warehousing 1 space per employee of the largest shift 3. Wholesaling, Storage 1 space for each 1000 square and Distribution feet of gross floor area(plus ` 1 space of 700 square feet of patron serving area) but not less than 10 spaces for each establishment. 18. 111.040 Modification to Parking Requirements A. The provisions of .this section as to number of spaces may be modified by the Director as follows: 1 . Compact Car Spaces. Up to 25 percent of the required parking spaces may be compact spaces. ! 2. Group Care Residential Facilities. The Director may, upon request, allow a reduction in the number of required off—street parking spaces in housing developments for elderly or handicapped persons if such reduction is deemed appropriate after analysis of the size and location of the development, resident auto ownership, number of employees, possible future conversion to other residential uses and other similar relevant factors. 190 — V 18.111 .050 Parking Dimension Standards r A. Each parking space shall be accessible from a street or other right-of-way, and the access shall be of a width and location as described by Section 18. 112.070 and 18. 112.080. B. Minimum standards for a standard parking stall length and width, aisle width and maneuvering space shall be determined from the following table and diagram. 1. Angle Overall from Stall (C) Channel (A) Aisle (D) Curb Length (B) Curb Width Width Width per stall parallel 9' 98011 121011 23'0" 2. Angle Overall from Stall (C) Channel (A) Aisle (D) Curb Length (B) Curb Width - Width Width per Stall 300 9' 17'9" 12'011 191011 450 9' 2012" 1410" 13'511 600 9' 2113" 18'0" 111011 900 9' 19'011 241011 91618 3 . The width of each parking space includes a 4 inch wide stripe which separates each space. C. Aisle Width. Aisles accommodating two direction traffic, or j allowing access from both ends shall be not less than 24 feet in width. D. Angle Parking. Angle parking is permitted, provided that each space contains a rectangle of not less than 9 feet 6 inches in width and nineteen feet in length and an appropriate aisle width as determined by interpolation of the above table. E. The minimum requirements for maneuvering space are shown in Figure 2. F. Service Device. Excluding single-family and duplex residences, except as provided by Section 18. 156.030(P), groups of more than 2 parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way would be required. 1. Service drives shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress, and maximum safety of pedestrians and vehicular traffic on the site. G. Street Access. Each parking or loading space shall be accessible from a street and the access shall be of a width and location as described in this Code. - 191 - F } H. Parking Space Configuration. Parking space configuration, stall and access aisle size shall be in accordance with the minimum standard as shown in Figures 1 and 2 of this Chapter. I. Parking Space Markings. Except for single and two—family residences, any area intended to be used to meet the off—street parking requirements as contained in this Chapter shall have all parking spaces clearly marked using a permanent paint. 1. All interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. J. Parking Space Surface Requirements Except for single and two—family residences, all areas used for the parking, or storage or maneuvering of any vehicle, boat or trailer shall be improved with asphalt or concrete surfaces according to the same standards required for the construction and acceptance of city streets. 1. Off—street parking spaces for single and two—family residences shall be improved with an asphalt or concrete surface to specifications as approved by the Pubic Works Director. K. Access Drives. Access drives from the street to off—street parking or loading areas shall be designed and constructed to , facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site. 1. The number and size of access drives shall be in accordance with the requirements of Chapter 18. 112 (ACCESS AND EGRESS). 2. Access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives. 3. Access drives shall have a minimum vision clearance as provided in Chapter 18. 109 (VISUAL CLEARANCE) . L. Wheel Stops. Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least 4 inches high located 3 feet back from the front of the parking stall as defined in Figure 1, of this Chapter. M. Drainage. Off—street parking and loading areas shall be drained in accordance with specifications approved by the Public Works Director to assure that ponding does not occur. 1. Except for single and two—family residences, off—street parking and loading facilities shall be drained to avoid flow of water across public sidewalks. ` 192 — N. Lighting. Artificial lighting on all off-street parking facilities shall be designed to deflect all light away from surrounding residences and so as not to create a hazard to the public use of any road or street. 0. Signs. Signs which are placed on parking lots shall be as prescribed in Chapter 18.118 (SIGNS) . P. Maintenance of Parkins Areas. All parking lots shall be kept clean and in good repair at all times. Breaks in paved surfaces shall be repaired promptly and broken or splintered wheel stops shall be replaced so that their function will not be impaired. 18. 111.060 Reservoir Areas Required for Drive-In Uses All uses providing drive-in services as defined by this Code shall provide on the same site a reservoir for inbound vehicles as follows: Use Reservoir Requirement Drive-In Banks 5 spaces/service terminal Drive-in Restaurants 10 spaces/service window Drive-in Theatres 10% of the theatre capacity Gasoline Service Stations 3 spaces/pump Mechanical Car Washes 3 spaces/washing unit Parking Facilities — Free flow entry 1 space/entry driveway Ticket dispense entry 2 spaces/entry driveway f Manual ticket dispensing 8 spaces/entry driveway V Attendant parking 10% of that portion of parking capacity served by the drive--way 18. 111.070 Loading/Unloading Driveways Required on Site A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading passengers shall be located on the site of any school or other meeting place which is designed to accommodate more than 25 people at one time. 18.111.080 Off-Street Loading Spaces A. Buildings or structures to be built or substantially altered Which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering t space as follows: 1. Every Commercial or Industrial use having floor area of 10,000 square feet or more, shall have at least one off-street loading space on site. s t• 2. One additional space shall be provided for each additional F 20,000 square feet or major fraction thereof. F' 193 - I i 18.111.090 Off—street Loading Dimensions i A. Each loading berth shall be approved by the City Engineer; design and location. ? B. Each loading space shall have sufficient area for turning and maneuvering of vehicles on the site. 1. At a minimum, the maneuvering length shall not be less than twice the overall length of the longest vehicle using the facility site. # C. Entrances and exits for the loading areas shall be provided at locations approved by the City Engineer in accordance with Chapter 18. 112. D. Screening for off—street loading facilities is required and shall be the same as screening for parking lots in accordance with Chapter 18.106. z r: E: C- 1 194 — E i 1 w 18.112 ACCESS EGRESS AND CIRCULATION t 18.112.010 Purpose The purpose of this Chapter is to establish standards and regulations for safe and efficient vehicle access and egress on a site and general circulation within the site. 18. 112.020 Applicability and General Provisions A. The requirements and standards of this Chapter shall not apply where they conflict with the subdivision rules and standards of this code. B. The provisions and maintenance of access and egress stipulated in this Code are continuing requirements for the use of any structure or parcel of real property in the City. C. No building or other permit shall be issued until scale plans are presented and approved as provided by this Chapter that show how access, egress and circulation requirements are to be fulfilled. D. Should the owner or occupant of a lot or building change or enlarge the use to which the lot or building is put, thereby increasing access and egress requirements, it shall be unlawful and is a violation of this code to begin or maintain such altered use until the provisions of this Chapter have been met if required or until the appropriate Approval Authority has approved the change. 18.112.030 Joint Access A. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structure, or parcels of land satisfies the combined requirements as designated in E this Code; provided r 1. Satisfactory legal evidence shall be presented to the City Attorney in the form of deeds, easements, leases or contracts to establish the joint use; and t k 1 2. Copies of the deeds, easements, leases or contracts shall be placed on permanent file with the City Recorder. 18.112.040 Public Street Access 'r A. All vehicular access and egress as required in Section 1 18. 112.080 and 18.112.090 shall connect directly with a public , or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. 195 — i g, Vehicular access to structures shall be provided to residential uses and shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp or elevator leading to the dwelling units. C. Vehicular access shall be provided to commercial or industrial i uses, and shall be located to within 50 feet of the primary ground floor entrances. 18.112.050 Required Walkway Location A, Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs of all commercial and industrial uses, ramps or elevators to the streets which provide the required access and egress. g, Within all attached housing (except two family dwellings) and multi-family developments, each residential dwelling shall be connected to vehicular parking stalls, and common open space and recreation facilities by a walkway system having a minimum width of A feet and constructed of an all-weather material. 18.112.060 Inadequate or Hazardous Access PP A. Applications for building permits shall be referred to the Commission for review when, in the opinion of the Director, the access proposed: 1. Would cause or increase existing hazardous traffic conditions; or 2. Would provide inadequate access for emergency vehicles; or 3. Would in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the j public health, safety and general welfare. B. Direct individual access to arterial or collector streets as designated on the Tigard Comprehensive Plan Map: s Transportation, from single family dwellings and duplex lots established after the effective date of this Code is hereafter E prohibited, except that the City may permit direct access to an arterial or collector for lots within a subdivision that was approved prior to the effective date of this Code. See 18.111.050(F) . i 1. In no case shall the design of said service drive or drives require or facilitate the backward movement or other maneuvering, of a vehicle within a street, other than an � alley. 2. Service drives for multi-family dwellings shall be fully improved with hard surface pavement with a minimum width of: 196 - a. When accommodating two-way traffic, 24 feet; or b. When accommodating one-way traffic, 15 feet. 18. 112.080 Minimum Requirements-Residential Uses R. Vehicular access and egress for single family, duplex, or attached single family dwelling units on individual lots, residential uses shall not be less than the following: Number Minimum Number Dwelling of Driveways Minimum Minimum Pavement Unit/Lots Required Access Width Width 1 1 15 ft. 10 ft. 2 2 15 ft. 10 ft. or 1 25 ft. 20 ft. 3-6 1 30 ft. (not 24 ft. (curbs v to exceed 100 ft. and walkway length) required) / 7 and 1 50 ft. 34 ft. dedicated f 1' above street, (curbs and vv sidewalks, required) B. Vehicular access and egress for multiple family residential uses ` shall not be less than the following: Minimum Dwelling Number Minimum Minimum Pavement Units Required Required Sidewalks Etc. 1-2 1 10 ft. 10 ft. 3-19 30 ft. 24 ft. if two-way, 15 ft. if one-way: Curbs and 5-foot walkway required. 20-49 1 30 ft. 24 ft. if two-way, 15 ft. if one-way: Curbs or and 5-foot walkway 2 30 ft. each required. 50 & over 1 50 ft. 36 feet: Curbs and 5-foot walkway or required 2 40 ft. each 32 feet: Curbs and 5-foot walkway required 197 - t i t f i 18. 112.090 Minimum Requirements - Commercial and Industrial Uses. Vehicle access, egress and circulation for commercial and E industrial uses shall not be less than the following: j Required Minimum Parking Number Minimum Spaces Required Width Minimum Pavement f 1-99 1 30 ft. 24 ft. ; t curbs required 5-foot sidewalk one side only when abutting dedicated streets with sidewalks. t 100 &over 2 30 ft. 24 ft. ; curbs and 5-foot sidewalk required F 1 50 ft. 40 ft. 18.112.100 Width and Location of Curb Cuts The curb cut standards shall be in accordance with Section 18.156.030 (N) of this Code. Cross-sections of each street and related standards are shown in Section 18. 156.030 (Z) . 19.112.110 One-Way Vehicular Access Points Where a proposed parking facility indicates only one-way traffic flow on the site, it shall be accommodated by a specific driveway serving the facility, and the entrance drive shall be situated closest to oncoming traffic, and the exit drive shall he situated farthest from oncoming traffic. 18.112. 120 Planning Director's Authority to Restrict Access — Appeal Provisions A. In order to provide for increased traffic movement on congested streets and eliminate turning movement problems, the Director or designee may restrict the location of driveways of said street and require the location of driveways on adjacent streets upon the finding that the proposed access would: { 1. Cause or increase existing hazardous traffic conditions; or i E 2. Provide inadequate access for emergency vehicles; or 3 . Cause hazardous conditions to exist which would constitute a clear and present danger to the public health safety and general welfare. e r 198 - B. A decision by the Director may be appealed to the Commission as provided by Chapter 18.32.260 (A) (PROCEDURES FOR DECISION-MAKING: QUASI-JUDICIAL). 18. 112.130 Variances to Access Standards In all zoning districts where the spacing of access and egress drives cannot be readily achieved within a particular parcel, joint access with an adjoining property shall be sought. if joint access cannot be achieved, the Director may grant a variance to the access spacing requirements of this Chapter. 18. 112.132 Administration and Approval Process A. The applicant of an Access Variance shall be the recorded owner of the property or an agent authorized in writing by the owner. B. A Pre-Application Conference with City staff is required. See Section 18.32.030. C. Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the Pre-Application Conference is valid for not more than 6 months. 1. Another Pre-Application Conference is required if any accessory use or structure application is submitted 6 months after the Pre-Application Conference. 2. Failure of the Director to provide any of the information required by this Chapter shall not constitute a waive of the standard, criteria or requirements of the applications. D. The Director shall approve, approve with conditions or deny any application for a temporary use. The Director shall apply the standards set forth in Section 18.112. 136 of this Code when reviewing an application for a temporary use. E. The Decision of the Director may be appealed in accordance with Section 18.32.260 (A) . 1. The applicant may request a hearing before the Commission if the action of the Director is to deny or to approve with conditions. 2. Any person or group of persons whose interests are adversely affected by this action may appeal the decision to the Commission if the action of the Director's decision is to approve or approve with conditions the application. F. The Director shall mail notice of any temporary use decision to the following persons who may have the right to request a hearing before the Commission in accordance with Section 18.32.240 (A) . 199 - I. All property owners of record within 100 feet of the _ property which is the subject of the application; and 2. The Chairpersons of an official recognized Neighborhood Planning Organization, if the property which is the subject of the application lies wholly or partially within the boundaries of such organization. 18. 112.134 Expiration of Approval — Standards for Extension of Time A. An Access Variance approval by the Director shall lapse if: 1. Substantial construction of the approved plan has not begun within oneear y period; or 2. Construction of the site is a departure from the approved plan. B. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed 6 months provided that: 1. No changes are made on the original Access Variance plan as R approved by the Director; 2. The applicant can show to initiate construction of the site within the six—month extension period; and t 3. There have been no changes in the facts or applicable e policies and ordinance provisions on which the approval was based. r T 18.112.136 Approval Standards t E The Director may approve, approved with conditions or deny a request for a Access Variance based on findings that: r i 1. It is not possible to share access; 2. There are no other alternative access points on the street in question or from another street; 3 . The access separation as requested by Section 18. 112.080 and 18. 112.090 cannot be met; 4. The request is the minimum variance required to provide adequate access; 5. The approved access or access approved with conditions will result in a safe access; and i 6. The visual clearance requirements of Chapter 18. 109 will be I� met. #i 200 — 1S 112. 138 Application Submission Requirements A. All applications shall be made on forms provided by the Director and shall be accompanied by: 1. Three copies for review by the Director of site plan(s) and necessary data or narrative which explains how the Temporary Use proposal conforms to the standards: a. The site plan(s) drawings shall be drawn on sheets not exceeding 18" x 24"; and b. The scale shall be 20, 50 and 100 feet to the inch. C. All drawings of structure elevations shall be a standard architectural scale, being 1/4" or 1/8". 2. A list, certified by the Washington County Tax Assessor's Office of the names and addresses of all persons who are property owners of record within 100 feet of the site. 3. The required fee. B. The proposed Access Variance site plan shall include the following information: 1. The subdivision name, block and lot number or the section, township, range and tax lot number. 2. The relationship of the lot to the road system. 3. The location of access points on adjoining lots and on the lots across the street. 4. The location and setback of structures and parking areas on the lot and on the adjoining lots. 5. The location of the proposed access. 6. The site distances from the proposed access point. — 201 — t 18. !18 SIGNS f 18. 118.010 Purpose A. The purpose of this Chapter is: 1.. To protect the health, safety, property and welfare of the public; s 2. To improve the neat, clean, orderly and attractive appearance of the community; c 3. To improve the effectiveness of signs in identifying and advertising businesses; j 4. To provide for safe construction, location, erection, and maintenance of signs; 5. To prevent proliferation of signs and sign clutter; and 6. To minimize adverse visual safety factors to public highway travelers. B. In addition, it is the purpose of this Chapter to regulate the ! design, quality of materials, construction, location, electrification, illumination and maintenance of all signs visible from public property or from public rights—of—way. C. It is not the purpose of this to Chapter permit the erection or maintenance of any sign at any place or in any manner unlawful under any other ordinance or state or federal law. 18. 118.015 Definitions E A. For the purpose of this Chapter, words used in the present tense include the future, the singular number includes the plural, "shall" is mandatory and not directory and "building" includes "structures' except "sign structures." B. As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Chapter. C. The definitions to be used in this Chapter are in addition to Chapter 18.26 (DEFINITIONS) and are as follows: 1. Area. The entire area within any type of perimeter which encloses the outer limits of any writing, representation, emblem, figure or character. The area of a sign having no such perimeter or border shall be computed by enclosing the entire surface area within a parallelogram or triangle, then computing the area thereof. The -area of all signs in existence at the date of adoption of this title, whether conforming or nonconforming, shall be counted in 202 — establishing the permitted sign area of all signs allowed for an individual business on a premises. Where a sign is ( of a three—dimensional or round or irregular solid shape, the largest cross—section shall be used in a flat projection for the purpose of determining sign area. 2. A Board. Refers to any double faces temporary sign which does not exceed twelve square feet per side. 3. Bench Sign. A bench designed to seat people which carries a written or graphic message. 4. Billboard. See "Outdoor Advertising Sign." 5. Business. All of the activities carried on by the same legal entity on the same premises end includes eleemosynary, fraternal, religious, education or social organizations. "Legal entity" includes, but is not "limited to, individual proprietorships, partnerships, corporations, nonprofit corporations, associations, or joint stock companies. u. Building Official. Officer or designee of the City empowered to enforce the Uniform Building Code. 7. Business of Outdoor Advertising. Includes the business of constructing, erecting, operating, using, maintaining, or leasing outdoor advertising signs. 8. Construct. Every type of display in the form of letters, figures, characters, representations. 9. Cutout. Every type of display in the form of letters, figures, characters, representations or others in cutout or irregular form attached to or superimposed upon a sign or e advertising sign. 10. Development Review. The process set forth in Chapter 18. 120. 11 . Display Surface. The area made available by the sign structure for the purpose of displaying the advertising or identification message. 12. Electronic Information Sign Includes signs, displays, ' devices, or portions thereof with lighted changing messages x that change at intermittent intervals by electronic process or remote control. Electronic information signs are not identified as rotating, revolving, or moving signs. 13 . Electrical Sign. Includes any sign utilizing electrical wiring. 14. Externally Illuminated Sign Includes a sign illuminated from an external light source. r 203 — 15. Face of a Building. All window and wall area of a building in one or more parallel planes. 16. Flashing Sian. Any sign which is illuminated by an intermittent or flashing light source or which is in any other way animated so as to create the illusion of movement without actual physical movement or the illusion of a flashing or intermittent light or light source. Flashing signs do not include electronic information signs. 17. Free—standing Sign. A sign erected and mounted on a free—standing frame, mast or pole and not attached to any building. 16. Freeway—oriented Sign. A sign primarily designed to be read by a motorist traveling n a highway designated by the Oregon State Highway Department as a freeway or expressway; specifically, these shall be Interstate 5, and Oregon State Highway ##217, and shall not include U.S. Highway 99W. 19. Frontage. The length of the property line of any one premise along a public roadway. 20. Ideological Sian. Signs which communicate a political, moral, or philosophical comment or religious statement which does not promote any commercial interest or refer specifically to a particular ballot measure to be voted on �. in the next election. t 21. Immediate or Serious Danger. This includes: a. Whenever any portion of the structure damaged by fire, earthquake, wind, flood or other causes; and member or appurtenance that is likely to fail, or become detached or dislodged or to collapse and thereby injure persons or damage property. b. Whenever any portion of the structure is not of sufficient strength or stability or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one—half of that specified in the Uniform Building Code for this type structure or similar structure and will not i exceed the working stresses permitted in the U.B.C. for such structures. t f t C. Whenever the location of the sign structure obstructs the view of motorist traveling on the public streets or any place, and thus cause damage to property or thereby injure persons. j tt 22. Incidental Sian. Signs advertising or identifying associated goods, products, services or facilities available on the premises, including, but not limited to, trading stamps, credit cards accepted or brand names. 204 — 23. Incombustible Material. Any material which wi.i not ignite at, or below, a temperature of twelve hundred degrees Fahrenheit during an exposure of five minutes and which will not continue to burn or glow at that temperature when tested in accordance with standards established in the Uniform Building Code. 24. Industrial Park. A parcel of land which complies with the requirements set forth in Chapter 18.68 of this Code. 25. Internally Illuminated Sign. Signs with an internal source of illumination where the light source is not visible from the exterior of the sign. 26. Maintain. To permit a sign, sign structure or part thereof to continue or to repair or refurbish a sign, sign structure or part thereof. 27. Nameplate. Signs identifying only the ilane and occupation or profession of the occupant of the premises on which the sign is located. 28. Nonstructural Trim. The moldings, battens, caps, nailing strips and latticing, letters and walkways which are attached to a sign structure. 29. Off—premises Sign. Any sign including, but not limited to, a painted sign, temporary sign, permanent sign or outdoor Cadvertising sign, which sign advertises goods, products or services which are not sold, manufactured or distributed on or from the premises or a sign which advertises a business or facilities not located on the premises on which the sign is located. 30. Outdoor Advertising or Billboard Sign. Sign constructed, erected and maintained by a person licensed to engage in the business of outdoor advertising and which sign is an off—premises sign supported by a substantial permanent sign structure with a display surface or display surfaces primarily designed for the purpose of painting or posting advertising message thereon at periodic intervals, and where customarily, although not exclusively, the use of the display surface is leased to other persons. Sometimes referred to as "Billboards" . 31. Person. Individuals, corporations, associations, firms, partnerships and joint stock companies. 32. Plastic Material. Those materials made wholly or partially from standardized plastics listed and described in the Uniform Building Code or approved plastics which have been approved by the Underwriters Laboratory for use in construction of electrical signs. 205 — t F 1 33. Political Signs. Signs promoting or opposing a candidate or measure in a specific election. } - E 34. Premises. One or more lots on which are constructed or on which are to be constructed a building or a group of buildings designed as a unit. 35. Proiecting Sign. Signs other than a wall sign which } projects from a building. 36. Projection. The distance by which a projecting sign i extends from a building. i 37. Reader Board Sian. Any sign with changeable copy as F message, except electronic information signs. f 38. Roof Sian. A sign erected upon or directly above a roof,or parapet of a building or structure. ° 39. Rotatinci, Revolving or Moving Sign. Any sign, or portion of a sign, which moves in any manner. 40. Sian. An advertising sign, outdoor advertising sign, on—premises sign, display, temporary sign, temporary s sign display, message, light (other than a device used primarily to illuminate a building or a premises), emblem, device, figure or mannequin, painting, s drawing, placard, poster or other thing that is ( designed, used or intended for advertising purposes, or to inform or to attract the attention of the public, and includes, where applicable, the sign structure, display surfaces and all other component t parts of the sign. e 41 . Sign Structure. Any structure which supports or is capable of supporting any sign as described in the Uniform Building Code. A sign structure may be a single pole and may or may not be an integral part of a building. 42. Temporary Sign. Any sign, "A" board frame, banner, or advertising display which is not permanently erected or permanently affixed to any sign structure, sign tower, or building and which is not an electrical sign or an internally illuminated sign or one with changeable message characteristics. 43 . Uniform Building Code. The most recent structural and specialty Oregon Uniform Building Code as adopted by the Oregon Department of Commerce, and which Uniform i Building Code, by this reference, is incorporated in s this title to the extent of specific citations thereof € a in this title. ' f F i 206 — 4 o- roe- t s I r i E E 44. Wal_1�i�n_ Any sign attached to, painted on, or ! erected against the wall of a building or structure, e with the exposed face of the sign in a plane parallel to the plane of the wall. l P 18. 118.020 Permits Required A. No sign shall hereafter be within erected, c -erected, constructed, altered or relocatedi except as provided by this title, and a permit for the same s has been issued by the Director and designee. B. A separate permit shall be required for a sign or signs for s each business entity and a separate permit shall be required for each group of signs on a single supporting structure. C. A separate permit shall be required when it is proposed to remove a sign from its supporting structure for its repair and maintenance. D. Separate structural permits under the Uniform Building Code shall also apply. E. In addition, an electrical permit shall be obtained for all illuminated signs, from the enforcing agency, subject to the provisions of the State Electrical Code. 18.118.030 Administration and Approval Process t A. The applicant for sign permit structure proposal shall be the recorded owner of the property or an agent authorized in writing by the owner. B. A Pre-Application Conference with City staff is required. See Section 18.32.030. C. Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the Pre-Application Conference is valid for not more than 6 months. 1. Another Pre-Application Conference is required if any accessory use or structure application is submitted 6 months after the Pre-Application Conference. 2. Failure of the Director to provide any of the information required by this Chapter shall not constitute a waive of the standard, criteria or requirements of the applications. D. The Director shall approve, approve with conditions or deny any application for a sign permit. The Director shall apply the standards set forth in Sections 18.118.080, 18. 118.090 and 18. 118. 120 of this Code when reviewing an application for a sign. 207 - E. The decision of the Director may be appealed in accordance with Section 18.32.260 (A) . 1. Any person who has been ordered by the Director to remove a sign, alleged to be in violation of this Chapter; 2. Any person whose permit to erect or alter a sign has been refused or revoked under this Chapter; 3. Any person seeking an exception from the provisions of this Chapter; 4. Any person adversely affected by a determination of nonconformity by the Director under Section 18. 118.110 of this Chapter; 5. Any person otherwise adversely affected by a determination made under this Chapter. F. No hearing before the Commission shall. be granted from a decision by the Director unless the appeal is filed within 10 days of the decision. G. Application for hearing shall not stay the action of the Director unless the applicant requests a stay and after appropriate notice and hearings, the Director determines that specific public safety considerations outweigh the delay of the action for the hearing and review process. H. The Director is authorized and directed to enforce all of the provisions of this Chapter. 1. All signs for which permits are required shall be inspected by the Building Official. 2. Upon presentation of property credentials, the Building Official designee may enter at reasonable times any building, structure or premises in the City to perform any duty imposed upon the position by this Chapter. 18. 118.040 Expiration of Approval — Standards for Extension of Time A. Sign permit approval by the Director shall be effective for a period of 90 days from the date of approval. B. The sign permit approval by the Director shall lapse if: 1. Substantial construction of the approved plan has not begun within the 90—day period. 2. Construction on the site is a departure from the approved plan. 208 — C S C. The Director shall, upon written request by the applicant, E grant an extension of the approval period not to exceed 90 days provided that: i s t 1. No changes are made on the original sign permit plan ; as approved by the Director; t 2. The applicant can show intent of initiating construction of the sign within the 90—day extension E period; and r 3 . There have been no changes in the applicable policies f and ordinance provisions and Uniform Building Code : provisions on which the approval was based. E 18. 118.050 Inspections A. General. All construction work for which a permit is required shall be subject to an inspection by thu Building Official per the Uniform Building Code and this title. e 1. A survey of the lot or proposed location for sign erection may be required by the Building Official to verify compliance of the structure with approved plans. 2. Neither the Building Official nor the jurisdiction shall be liable for expense, or other obligations, entailed in the removal or replacement of any material required to allow inspection. s B. Inspection Requests. It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such q inspection is desired. i C. Required Inspections. Reinforcing steel or structural framework of any part of the proposed structure shall not Q be covered or concealed without first obtaining approval of N the Building Official. 18. 118.060 Sign Exemptions t i• i A. The following signs and operations shall not require a sign permit but shall conform to all other applicable regulations of this Chapter and the provisions of subsection (B) below: f c 1. Signs advertising exclusively the sale, rental or E lease of premises on which the signs are located; . 2. Memorial signs or tablets, names of buildings and �: dates of erection, if either cut into any masonry surface or constructed of bronze or other incombustible material; — 209 — 6 3 . Signs denoting the architect, engineer, contractor, and similar information concerning a subdivision or development and placed on the construction site; 4. Signs denoting one time clearance sales of household goods (e.g. a garage sale); 5. Signs promoting or opposing a candidate or measure in a specific election; 6. Ideological signs; 7. Signs of temporary nature advertising events or products for sale for nonprofit organizations. 8. Nothing in this title shall prevent the erection, location or construction of signs on private property where such erection, construction or location is required by any law or ordinance nor shall any public agency or utility be prohibited from erecting signs on private property when otherwise permitted. 9. Nothing in this title shall prevent the erection, location or construction of directional or instructional signs on private property when such signs are solely designed to direct or to guide or to instruct pedestrians or vehicular traffic while on the parcel of real property on which the signs are located. No sign permit or fee shall be required for such signs. B. All signs exempt from permit requirements under subsection (A) above shall meet the following requirements: 1. The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right-of-way. 2. The total area of signage per parcel shall not exceed 6 square feet in single family residential, 12 square feet in multifamily zones, 15 square feet in C-N zoning districts, and 70 square feet in other zoning districts, regardless of the number of signs. 3 . At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. C. Signs exempt from permit requirements under Subsection (A)(1) and (3-5) shall be removed within 10 days from the end of the event displayed. 210 - D. The sign permit provisions of this Section shall not apply to repair, maintenance, or change of copy (-.ncluding, but not limited to the changing of a message on a sign specifically designed for the use of replaceable copy), or unlawfully erected or maintained signs. 18. 118.070 Certain Signs Prohibited A. Prohibited Display of Flags and Banners. It is a violation of this Chapter to erect or maintain strings of pennants, banners or streamers, festoons of lights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons, and similar devices of carnival character. Exceptions: 1. National, state, and institutional flags properly displayed; 2. Seasonal decoration and generally recognized holidays; 3. Pennants and banners approved as temporary signs. B. Unsafe Signs or Improperly Maintained Signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the Uniform Building Code, or this Code. C. Signs at Intersections._ No sign shall be erected at 4 intersections of any streets in such a manner as to materially obstruct free and clear vision. 1. No sign shall be erected at any location where, by reason of the position, shape or color, that interferes with, obstruct the view of, or could be confused with, any authorized traffic signal or device; 2. No sign shall be erected which makes use of the word "stop", "look", "danger", or any other similar word, phrase, symbol or character in such manner as is reasonably likely to interfere with, mislead or confuse motorists . D. Obscenity. No sign shall bear or contain statements, words or pictures in which the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex or is patently offensive because it affronts the contemporary community standard relating to the description or representation of sexual material which is utterly without redeeming social value. — 211 — 2 9[ t a E, Traffic Obstructing Signs . No sign or sign structure shall be constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or f doorway in any manner that it will substantially limit access to the building in case of fire. f z F. Off-premise Signs. No off-premises sign shall be permitted , in any commercial or industrial zone, except outdoor advertising signs, as regulated in other parts of this title. off-premise signs may only be approved by the Commission through the exception procedure established by s Section 18.118.130 of this Chapter. E x G. Bare Lia ht Bulbs. Strings of bare lights shall not be constructed, erected or maintained within view of any public street or public right--of-way. This subsection shall not apply to lighting displays as described in 18. 118.070 (A)(2) . H. Roof Signs. Roof signs of any kind are prohibited, including temporary signs. k I, Revolving _.Signs. Revolving, rotating or moving signs of any kind are prohibited. f J. Flashing signs, exposed reflective-type bulbs, strobe lights, rotary beacons, par spots, zip lights or similar devices shall be prohibited. t' 18. 118.080 Sian Illumination g F A. The surface brightness of any sign shall not exceed that Produced by the diffused output obtained from 800 u milliampere fluorescent light sources not closer than 8 inches on center. B. Exposed incandescent lamp which exceeds 25 watts shall not be used on the exterior surface of any sign so as to expose the face of such bulb or lamp to any public street or • public right-of-way with the exception of electronic t fi information signs. 18. 1 090 Special Condition Signs A. OutdoorAdvertising Signs. Outdoor advertising sign regulations shall be as follows: 1 . Zones Permitted. Outdoor advertising signs shall be permitted only in a C-G commercial zone or I-P, I-L, and I-H industrial zones . 212 - 2. Height. The maximum height of an outdoor advertising sign shall not exceed 35 feet from the ground level at its base. 3. Size. a. The maximum sign dimensions of an outdoor advertising sign shall be 12 feet in height and 25 feet in length (excluding supports and foundations) or. a total maximum sign area of 300 square feet per face. b. Outdoor advertising signs may be increased in area to 14 feet in height and 48 feet in length or a total maximum sign area of 675 square feet per face where permitted as freeway—oriented signs. C. On freeway—oriented signs, cutouts may project beyond the display surface and may add up to one—third additional area of permitted display surface and further may extend 5 1/2 feet above, 4 feet below or 2 feet to either side of the display surface, provided that the 35 foot maximum height limit is not exceeded by such cutouts. 4. Locations Permitted. a. Outdoor advertising signs shall only be permitted to locate on and orient to US Highway 99W (Southwest Pacific Highway), Oregon State Expressway No. 217, and Interstate Freeway No. 5. b. Outdoor advertising signs shall not have more than one display surface facing in the same traffic direction on any one premises. For the purpose of this provision and for the purposes of applying the spacing limitations or density limitations which follow, a single outdoor advertising structure on which 2 display surfaces are attached back—to—back shall be considered as one outdoor advertising sign and with one display surface facing one traffic direction. 5. Outdoor advertising signs shall not be located within 300 feet or another outdoor advertising sign on the opposite side of the street or highway or within 500 feet of another outdoor advertising sign on the same side of the street or highway. 213 — a. For purposes of applying this limitation, distances shall be measured as a radius from a sign. b. Where 2 or more signs are in violation of these spacing provisions, the first lawfully constructed, erected and maintained shall be permitted to remain. 6. Outdoor advertising signs shall have all metal structures; provided, however, that the display surface or display surfaces and the stringers use for the support of the display surfaces together with cutouts may be made of other materials. 7. Outdoor advertising signs are not permitted as roof signs. 8. All signs, together with all of their supports, braces, guys and anchors shall be kept in good repair and shall be maintained in a safe condition. a. All signs and the site upon which they are located shall be maintained in a neat, clean and attractive conditions. b. Signs shall be kept free from excessive rust, corrosion, peeling paint or other surface deterioration. C. The display surfaces of all signs shall be kept neatly painted or posted. B. Bench Signs. Bench signs shall only be permitted at designated transit stops in commercial, industrial, and multifamily zones where no bus shelter exists. 1. There shall be no more than one bench sign per allowable transit stop. 2. Placement of the bench sign shall not interfere with pedesi:rian traffic or traffic vision. 3 . Application for a bench sign shall include the signature of the affected property owner and proof of liability insurance. C. Incidental Signs. Incidental signs shall not exceed 12 inches in height and 18 inches in width and shall be limited to 4 signs attached to a permitted free standing sign. 1 . Incidental signs as described above, are permitted as wall signs. — 214 — f i f t i 2. The total combined area shall not exceed 6 square feet. political Signs. Signs relating to the nomination and D. i election of any individual for a political office or I advocacy of any measure to be voted upon at an election shall be allowed under the following conditions: } 1 . Such signs shall be temporary in nature and shall be i removed within 10 days after the election. 2. Such signs shall not exceed 12 square feet in i residential zones and 32 square feet in all other c areas. 3 . No political sign shall be erected within or on any public property or right-of--way or affixed to any pole, post or standard located within or on public property or right-of-way. 18.118 100 Temporary Signs A. Authorization. The Director shall be empowered to authorize temporary signs not exempted by Section 18.118.060 of this Code. The Director shall attach such conditions to the issuance of a permit for a temporary sign as may be necessary to assure discontinuance of the use of the sign in accordance with the terms of the authorization, and to assure substantial compliance with the purpose of this title. B. Issuance Authority. 4 1. The Director may issue temporary sign permits which shall terminate within 60 days from the date of issuance. 2. No permit shall be issued for a period longer than 60 days, but a permit may be renewed by the Director upon a showing of good cause for the continuation of the temporary permit. C. Required Conditions. Applicants for temporary sign permits - shall submit such evidence as may be required to enable the Director to determine that one or more of the following conditions exists: 1. The need for the temporary sign is the direct result of a casualty loss; 2. The applicant has lost leasehold occupancy rights; 3 . The need for a temporary sign is to bring to the attention of the public a special sale, a special service, or a special event which is compatible with the business; 215 - I f 4• Types and locations of temporary signs shall be as follows: signs shall not t a. The total number of temporary exceed 4 for any one business at any one period of time. b. The total area of one sign shall not exceed 12 square feet. C. See definition 18 .118.015 (C)(42) (TEMPORARY SIGNS) for type approved. d. Location shall be as approved by Building Official. Sign clutter, blanketing, and shabby appearances of signs shall be avoided. 1) Foundation inspections shall be made after all required excavations, form work, bolt settings are completed and ready to receive concrete. 2) All anchorages shall be left exposed for inspection. 3) Electrical inspection shall be made by agency issuing electrical permits. 4) Final Inspections. Final inspection shall be . called for by the applicant when all work is completed. This inspection shall cover all items required by the Building Official under State law or City ordinance such as the locations, landscaping if required general compliance with he approved plans an requirements of this title. 18.118. 100 Nonconforming Signs A. Except as provided in this Chapter, signs in existence on March 20, 1978, according to Ordinance No. 77-89 and No. I conform to the provisions of this 78-16, which do no Chapter, but which were constructed, erected or maintained in compliance with all previous regulations, shall be regarded as nonconforming signs which may be continued until March 20, 1988. B. Signs in existence on January 11, 1971, which do not conform to the provisions of this Chapter, but which were constructed, erected or maintained in compliance with all previous regulations, were regarded as nonconforming signs and could be continued for a period of 10 years from January 11, 1971 . All such signs which were not brought into compliance with the standards in Ordinance No. 77-89 and No. 78--16 and the extensions granted are now in violation of this Chapter. - 216 - C• Signs located on premises annexed into the City after January 11, 1971, which do not comply with the provisions 1 of this Chapter, shall be brought into compliance with this Chapter within a period of 10 years after the effective date of the annexation. D. Any sign which is structurally altered, relocated or replaced shall immediately be brought into compliance with all of the provisions of this Chapter, except the repairing and restoration of a sign on site or away from the site to a safe condition any part of a sign or sign structure for normal maintenance shall be permitted without loss of nonconforming status. E• Signs in existence on the effective date of this Chapter which do not comply with provisions regulating flashing signs; use of par• spotlights or rotating beacons; rotating and revolving signs; flags, banners, streamers or strings of lights; (or temporary or incidental signs) shall be made to conform within 90 days from the effective date of this Chapter. 18. 118. 120 Sign Removal Provisions—Nonconforming and Abandoned Signs A. All signs erected after the effective date of this title, which are in violation of any provision of this ordinance, shall be removed or brought into conformance, upon written notice by the Director or designee. B. All signs which do not comply with this Chapter, but were erected prior to the effective date of this ordinance, shall be removed or brought into conformance within 60 days from written notice by certified mail given by the Director or duly authorized representative. C. If the owner of sign, building, structure or premise fails to comply with the written order, the Director or designee may then cite the owner into court subject to Chapter 18.24 (ENFORCEMENT) of this Code. The following exceptions apply: 1 . Section 18 . 118. 110, (Nonconforming Signs), provides for certain time limits and other conditions for certain signs as described therein. 2. Any sign that by its condition or location presents an immediate or serious danger to the public, by order of the Building Official, it shall be removed or repaired within the time he may specify. In the event the owner of such sign cannot be found or refuses to comply with the order to remove, the Building Official shall then have the dangerous sign removed and the owner cited for noncompliance and recovery of any damage or expense. 217 - i 3 . Temporary Signs: All temporary signs shall be removed 1 or repaired as provided in Section 18 . 118 . 100 of this Chapter. D. Any person who owns or leases a sign shall remove such sign and sign structure when either the business that it advertises has discontinued business in the city or the business that it advertises is no longer conducted in or upon the premises upon which such sign is located. 1 . If the person who owns or leases such sign fails to remove it as provided in this Section, the Director s shall give the owner of the building, structure or premises upon which such sign is located, 60 days 6 written notice to remove it. E e 2. If the sign has not been removed at the expiration of the 60 days notice, the Director or designee, may remove such sign at cost to the owner of the building, structure or premises. R rt5 4 3 . Signs which the successor to a person' s business or business location agrees to maintain as provided in this Chapter need not be removed in accordance with e this Section. 4. Cost incurred by the City due to removal, may be made 4 a lien against the land or premises on which such sign is located, after notice and hearing and may be collected or foreclosed in the same manner as liens otherwise entered in the liens docket of the City. 18. 118. 120 Zoning District Regulations , A. No sign of any character shall be permitted in an R-7, R-4.5, R-3.5, R-2, or R-1 zone except the following: k c 3 1 . Nameplates. Sign bearing only property numbers, names of occupants of the premises or other identification of the premises not having a commercial connotation not exceeding a combined area of 4 square feet. i 2 . Real Estate Signs . One on-site temporary sign for F each street frontage offering the premises for sale, lease or inspection by the public provided that the s total area of such sign does not exceed 6 square feet in area. Such signs may also be modified to indicate that the property has been sold. t 3 . Permanent subdivision identification signs . One ground sign, at each entry point- to the subdivision from the public right-of-way, with the site properly landscaped, denoting the development name and not E 4 k •- 218 - i i exceeding 32 square feet in area. Illumination may be approved as long as it does not create a public or { private nuisance, as determined by the Director considering the purpose of the zone. e 4. Real estate directional signs. Temporary real estate signs advertising an open house and located off the premises, limited to a sign area of 6 square feet and a maximum dimension of 4 feet may be erected and i maintained, provided the display of such sign shall be only during those hours the property is available for inspection. a. No other off—premises directional signs shall be allowed. No permits are required for such signs, but the Director may establish reasonable rules e and regulations to prohibit sign clutter, erection of unsafe signs, or other problems in connection with the erection of real estate directional signs. b. Such rules and regulations shall be on file with the City Recorder. 5. Religious Assembly . a. Free—standing signs for religious assemblies and educational institutions in residential zones , shall be limited to 16 feet in height and 65 square feet in area per sign face. a i. b. Religious assemblies and educational institutions are permitted to have reader boards but not in excess of the allowable sign area. C. Wall Signs . Wall signs shall not exceed 5% of the front wall area and not be permitted on side or rear wall. t d B. Multifamily Residential Zones . No sign shall be permitted in an R-12, R-20, or A-20 zone except for the following: t 1 . Permanent residential. nameplates identifying the premises. Total signing on a premises shall not exceed one square foot of area per dwelling unit. 2. Incidental signs. Such signs shall only be permitted when attached to a permanently affixed sign structure or to the wall of the building. E 3 . Real estate signs. One outside sign offering the premises for sale providing that the total area of such sign does not exceed twelve square feet. Such signs may be modified to indicate that the property has been sold . - 219 - 4. nonresidential signs. One illuminated or tion-illuminated sign riot exceeding 6 feet in height and 65 square feet in area per sign face identifying any nonresidential use permitted in a multiple family residential zone, if such use has been approved under the conditional use process. 5. Real estate directional signs and Religious signs, in accordance with subsection (A)(4) and (5) above. C. Commercial Zones. no sign shall be permitted in a C-G and CBD except for the following: 1. Free-standing signs. a. Free-standing signs shall have certain limitations and conditions when permitted on properties zoned commercial and industrial. 1) One multifaced, free-standing sign identifying the principal goods, products, facilities or services available on the premises, shall be permitted on the premises, subject to conditions and limitations as stated herein. 2) A readerboard assembly may be an integral part of the free-standing sign. h. Area Limits. The maximum square footage of signs shall be 70 square feet per face or a total of 140 square feet for all sign faces. no part of any free-standing sign shall extend over a property line into public right-of-way space. C. Area Limit Increases. The sign area may be increased one square foot for each lineal foot the sign is moved back from the front property line the sign is adjacent to. If the street is curbed and paved the measurement may be taken from a point which is 15 feet from the pavement. This increase in sign area is limited to a maximum of 90 square feet per face or a total of 180 square feet for all faces . d . sleight Limits. Free-standing signs located next to the public right-of-way shall not exceed 20 feet in height. Height may be increased one foot in height for each 10feet of setback from the property line or a point 15 feet from the edge of pavement whichever is less to a maximum of 22 feet in height. - 220 - F P F �k S 2, Wall Signs.. t ' a. Allowable Area. Wall signsincluding be erected or illuminated reader boards, may roes area 1r F maintained but shall not exceed in g € of the building frontage occupied by the tenant. b. Mall signs may not project more than 18 inches from the wall or extend above the wall to which they are attached. C. In buildings where one or more tenant(s) occupy a t building which does not include any portion of a portion of an exterior wall having exposure to a public street, allowable wall sign area will be computed in the following manner: 1) Each tenant not having building frontage may have a wall sign on the wall having street i exposure (front wall) provided it does not a exceed in sign area that portion of sign area permitted that front wall tenant having the smallest proportion of allowable sign area. 2) In this type of building the allowable k proportion of front wall sign area shall be computed as 15% of the total building face. �-- 3) A wall sign program shall be established for all multi—tenant buildings, no new permit shall be issued until such a program is : established. q) On pre—existing buildings, each new tenant will adhere to the established program. d. If it is determined under the development review process that the wall sign' s visual appeal and overall design quality would be served, an additional 50% of the allowable sign area however, maybe E permitted. Mo copy will be permitted, in the additional area permitted. For purposes of this subsection, "copy" includes symbols, logos, and letters . e, Painted Signs. Wall signs painted directly onto the wall surface shall not exceed in gross wall area 15% of the face of the building they are painted upon, and the vertical dimension of the sign cannot exceed 20% of the height of the wall. 221 — f, Real Estate Signs. One free—standing or wall sign will be permitted offering the premises for sale or rent. Total area of such sign shall not exceed 70 square feet. D. Commercial—Professional Zone. No sign shall be permitted in a C—P zone except for the following: 1 . There shall be not more than one square foot of sign area for each 100 square feet of floor area within the building or buildings to be identified. All signs shall not exceed 15 square feet per face or a total of 30 square feet for all sign faces if both faces are used. 2. No sign shall project above the roof line or extend over a public sidewalk or right—of—way. All faces of signs shall be parallel to the face of the building upon which the sign is located and to which the sign pertains. 3. Signs may be painted or otherwise applied directly to a wall providing such sign is an integral part of building design and approval is obtained for such sign under the development review process. 4. No billboards shall be permitted. 5. Special types of signs per Section 18. 118.080 this Chapter may be approved under the development review process. 6. Signs within a planned development district for the specific purpose of advertising the premises for sale or rent, site identification, building identification, tenant identification and traffic direction may be permitted within such planned development as approved in the detailed development plan subject to approval by the Director, providing that an integrated sign theme is carried out compatible with the overall development and consistent with the approved general plan and program. E. Neighborhood Commercial Zone. No sign shall be permitted in a C—N zone except for the following: 1. The area of all signs shall not exceed 15 square feet per side, or a total of 30 square feet for all sign faces if more than one face is used . 2. Free standing signs may be permitted in lieu of building mounted signs, subject to specific approval under the design review process. — 222 — r i c 3 . Special types of signs per Section 18. 118 .080 this Chapter may be approved subject to a specific approval { under the development review process. F. Indistrial Zones. No signs shall be permitted in a I—P, , —L or I—H zone except for the following: y 1 . Free—standing signs. a. Free—standing . signs shall have certain limitations and conditions when permitted on properties zoned commercial and industrial. 1) One multifaced, free—standing sign identifying the principal goods, products, facilities or services available on the premises, shall be permitted on the premises, subject to conditions and limitations as stated herein. 2) A readerboard assembly may be an integral part of the free—standing sign. b. Area Limits. The maximum square footage of signs shall be 70 square feet per face or a total of 140 square feet for all sign faces. No part of any free—standing sign shall extend over a property line into public right—of—way space. C. Area Limit Increases. The sign area may be increased one square foot for each lineal foot . the sign is moved back from the front property line the sign is adjacent to. If the street is curbed and paved the measurement may be taken from a point which is 15 feet from the pavement. This increase in sign area is limited to a maximum of 90 square feet per face or a total of 180 square feet for all faces. d. Height Limits. Free—standing signs located next to the public right—of—way shall not exceed 20 feet in height. Height may be increased one foot in height for each 10feet of setback from the F property line or a point 15 feet from the edge of pavement whichever is less to a maximum of 22 feet in height. 2. Wall Signs. a. Allowable Area. Wall signs, including illuminated reader boards, may be erected or maintained but shall not exceed in gross area 15% of the building frontage occupied by the tenant. 223 — `e t r Y z i f Y t b. Wall signs may not project more than 18 inches from the wall or extend above the wall to which they are attached. C. In buildings where one or more tenant(s) occupy a portion of a building which does not include any !, portion of an exterior wall having exposure to a public street, allowable wall sign area will be computed in the following manner: ; 1) Each tenant not having building frontage may f have a wall sign on the wall having street exposure (front wall) provided it does not exceed in sign area that portion of sign area permitted that front wall tenant having the smallest proportion of allowable sign area. 2) In this type of building the allowable proportion of front wall sign area shall be computed as 15% of the total building face. g 3) A wall sign program shall be established for , all multi—tenant buildings, no new permit shall be issued until such a program is established. 4) On pre—existing buildings, each new tenant will adhere to the established program. i d. If it is determined under the development review r process that the wall sign's visual appeal and overall design quality would be served, an additional 50% of the allowable sign area may be permitted. No copy will be permitted, however, in the additional area permitted. For purposes g of this subsection, "copy" includes symbols, i z logos, and letters. e. Painted Signs. Wall signs painted directly onto j the wall surface shall not exceed in gross wall area 15% of the face of the building they are painted upon, and the vertical dimension of the sign cannot exceed 20% of the height of the wall. t i f. Real Estate Signs. One free—standing or wall sign will be permitted offering the premises for sale or rent. Total area of such sign shall not ! exceed 70 square feet. ' f G. Other Requirements Which Shall Apply to Commercial and Industrial Zones. If it is determined under the development review process that the sign' s visual appeal and overall design quality would be served while f maintaining the intent and purpose of this Chapter, an f A. 224 — - additional 50% of the allowable sign area and 25% of sign height may be permitted. No copy will be permitted in the f additional area or height. For purposes of this subsection the word "copy" includes symbols, logos, and fig,:res, as well as letters. 1. Each free—standing sign shall be surrounded by an area set aside to protect the sign from vehicles negotiating in the parking area of the business to which the sign relates, and the area set aside shall be landscaped. a. The size and shape of the area set aside and the landscaping shall be represented on the plot plan required by permit and shall be subject to the review and control of the Director or his agent, under the development review process. b. On existing sites where a landscape island is not feasible, the minimum clearance between the lowest portion of a free—standing sign and the ground shall be 14 feet in any vehicle maneuvering area. 2. No free—standing sign, nor any portion of any free—standing sign, shall be located or project over any portion of a street, sidewalk or other public right—of-way or property unless an exception has been granted. 3. When a premise contains more than a single tenant but is not defined as a shopping center, the provisions of a free—standing sign shall take into consideration the need for providing a signing system which is harmonious in appearance and legible. a. The building owner shall provide, at his own expense, a common support for all tenant signage. b. Up to an additional 50% of sign copy area may be permitted under the design review process so as to adequately identify the separate tenants when determined that the increased sign area will not deter from the purpose of this Chapter. 4. Shopping centers or industrial parks, defined as areas of not less than 0 business units and consisting of not less than 4 acres, shall establish a single signing format. a. The sign shall include the complex name and street number. t — 225 — b. Up to an additional 50X of sign area may be permitted under the development review process to adequately identify the complex when determined that the increased sign area will not deter from and purpose of this Chapter. C. This increase should be judged according to unique identification needs and circumstances which necessitate additional area to make the sign sufficiently legible. F d. When a shopping center or industrial park has more than one main entrance on separate frontages, a second free—standing sign may be e allowed under the design review process. The two allowable signs shall face separate frontages and are not intended to be viewed simultaneously. 18. 118. 130 Exceptions A. The Commission or, on review, the Council may grant exceptions to the requirements of this Chapter, when the applicant demonstrates that, owing to special or unusual circumstances relating to the design, structure, or placement of the sign in relation to other structures or land uses or the natural features of the land, the literal interpretation of this Chapter would interfere with the r communicative function of the sign without corresponding public benefit. B. When the Commission or the Council approves an exception the rights thereby given to the applicant shall continue to exist and to belong to the applicant or any other owner of the land for a period of one year from the date of final ± approval. ` 1. If, at the expiration of one year from the date of approval, construction of the structure or initiation of the use giving rise to the need for the exception has not begun, the rights given by the exception approval shall terminate without further action by the City, the Commission, or the Council. 2. Said rights shall also terminate at or after the expiration of one year from approval if, though commenced within one year, construction ceases and is not resumed within 60 days. 18. 118.140 Application Submission Requirements A. All applications shall be made on forms provided by the Director and shall be accompanied by: — 226 — 1. Three copies for review by the Director of the sign plan(s) and any necessary data or narrative whish explains how the sign plan proposal conforms to ti.a standards: a. Sheet size for an accessory use or structure site plan(s) and required drawings shall be drawn on sheets not to exceed 18" x 24"; and b. The scale of the sign site plan shall be 20, 50, 100 or 200 feet to the inch. C. All drawings of the sign elevations and structural components shall be a standard architectural scale, being 1/4" or 1/811. 2. The require fee. B. The proposed sign site plan shall include the following information: 1. The location of the proposed sign, and all existing signs on the site; 2. The location of all existing and proposed buildings on the site; r 3 . The location of all existing and proposed streets and rights—of—way, including names and widths; and 4. The location of all overhead power and utility lines located on the site. C. The proposed sign architectural plans shall include the following information: 1 . The sign dimensions; 2. The materials and colors to be used; 3 . The height of the sign above the ground; 4 . The source and intensity of any illumination; 5. Construction drawings indicating size of footings, anchorages and welds; and 6. The Director may require engineers' calculations for sign construction, ar-norage and footing requirements, including wind resistance and seismic forces, all in conformance with the requirements of the Uniform Building Codes in accordance with Section 18.32.055 (A) • All sign structures on or near a building shall — 227 — t. t E conform to the State Fire Life Safety requirements and the Uniform Building Code requirements of the building, structure or area where it is erected. 7. All electrical illuminated signs shall bear the Underwriters Laboratory label or equivalent. B t G II E 6 e b 6 F 228 — I C 3 S 18. 120. SITE DEVELOPMENT REVIEW s 18 120 O10 _Purpose i A. The purpose and intent of Site Development Review is to promote the general welfare by directing attention to Site Planning and giving regard to the natural environment, and the elements of creative design to assist in conserving and enhancing the appearance of the City . ` p, It is in the public interest and necessary for the promotion of the health, safety and dowelfare, of Tigard: , comfort and prosperity of the citizens 1. To implement the City of Tigard's Comprehensive Plan an other approval standards in this Code; 2 and ofs sthe man-made henvironm envance the ironment, beauties land To preerve and enjoyment thereof; 3. To maintain and improve the qualities of and relationships between individual buildings, structure, and the physical developments which best contribute to the amenities and attractiveness of an area or neighborhood; 4. To protect and assure the adequacy and usefulness of public and private developments as they relate to each other and to the neighborhood or area; and g. To assure that each individual development provides for that quality environment for the citizens utilizing development as well as the community as a whole. C. In order to prevent the erosion of natural beauty, the lessening of environmental amenities, the dissipation of both usefulness and function, and to encourage additional landscaping, it is declared necessary: 1. To stimulate harmonious design for individual building al groups of buildings and structure, and other phy developments; 2. To encourage the innovative use of materials, methods and techniques and flexibility in building placement; and 3. To integrate the functions, appearances and locations of buildings and improvements so as to best achieve abalance la ce between private prerogatives and preferences, and public interest and welfare. 18.120.020 A Iicabi:lit of Provision A. Site Development Review shall be applicable to all new developments and major remodeling of existing developments exce t: - 229 - 1 . Single family detached dwellings; 2. A duplex, which is not being reviewed as part of any other development; or 3 . Any remodel that does not exceed 50% of the total square footage of the existing structure. All of the provisions and regulations of the underlying zone sl-,all apply unless modified by B. other sections of this Code e.g. the Planned Development, Chapter 18.80. ; or a Variance granted under Chapter 18 . 134; etc. 18.120.030 Administration and A royal Process f site development review proposal shall be the A. The applicant oa property or an agent authorized in writing recorded owner of the pro p y by the owner. g A Pre—Application Conference with City staff is required. See Section 18.32.030. Due to p ossible changes in State statutes, or regional or local C. policy, information given by staff to the applicant during the Pre—Application Conference is valid for no more than 6 months, and 1. Another Pre—Application Conference is required if any Site Development Application is submitted 6 months after the Pre—Application Conference. 2. Failure of the Director to provide any of the information of required by this Section shall not const pplicable applicable the standard, criteria or requirements app applications. The Director shall approve, approve with conditions or deny any D provided by application for Site Development the set forth in 18.32.080. The Director shall app y application Section 18 . 120. 180 of this Code when reviewing an app for site development review. E. The decision of the Director may be appealed in accordance with Section 18.32.260 (A), and 1 • The applicant may request a hearing before the Commission as provided by 18.32.060 (8) if the action of the Director is to deny or to approve with conditions. 2. Any persons or group of persons whose interests are adversely affected by this action may appeal the decision to the Commission as provided by 18.32. (B) if the 260 action of the Director' s decision is to approve or approve with conditions the application. 230 — z F. The Director shall mail notice of any Site Development Review proposal decision to the following persons who may have the right to request a hearing before the Commission in accordance r with Section 18.32.090. I 1 . All property owners of record within 100 feet of the I property which is the subject of the application; and i 2. The Chairpersons of an official recognized Neighborhood Planning Organization, if the property which is the subject of the application lies wholly or partially within the } boundaries of such organization. 18.120.040 Expiration of Approval — Standards for Extension of Time A. Site Development Review approval by the Director shall be effective for a period of one year for the date of approval. B. The Site Development Review approval by the Director shall lapse if: 1. Substantial construction of the approved plan has not begun within one year period; or 2. Construction on the site is a departure from the approved plan. C. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed six months provided that: 1. No changes are made on the original Site Development Review plan as approved by the Director; 2. The applicant can show intent of initiating construction of the site within the six—month extension period; and 3. There have been no changes in the facts or applicable policies and ordinance provisions on which the approval was based. 18. 120.050 Phased Development A. The Director shall approve a time schedule for developing a site in phases over a period of time of 1 year, but in no case shall the total time period for all phases be greater than 3 years without reapplying for site development review. B. The criteria for approving a phased site development review proposal are that: 1. The public facilities shall be constructed in conjunction with or prior to each phase; 231 — 2. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. a. A temporary public facility is any facility not constructed to the applicable City or district standard. 3. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required by approved development proposal. 18. 12C.060 Bondinq and Assurances A. The Director shall: 1. Require a bond in an amount not greater than 00 or other adequate assurances as a condition of approval of the site development plan in order to assure the completed project is in conformance with the approved plan. 2. Approve and release such bonds. B. The bond shall be released when the Director finds the completed project conforms to the approved site development plan and all conditions of approval are satisfied. C. Landscaping shall be installed prior to issuance of occupancy permits, unless security equal to the cost of the landscaping as determined by the Director is filed with the City Recorder assuring such installation within 6 months after occupancy, and 1 . 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. 2. If the installation of the landscaping is not completed within the 6-month period, the security may be used by the City to complete the installation. D. Non-compliance with an approved final development plan shall be a violation of this Code. 18. 120.070 Maior Modification to Approved Plans A. An applicant may request approval of a modification to an approved plan by: 1. Providing the Director with 5 copies of the proposed modified site development plan; and 2. A narrative which indicates the rationale for the proposed modification. - 232 - B. The Director shall determine that a major modification or modifications has resulted if one or more of the changes listed below have occurred. There has been: 1. An increase in dwelling unit density, or lot coverage or reduction in the amount of parking; 2. A change in the ratio or number of difference types of dwelling units; 3 . A change in the type of commercial or industrial structures as defined by UBC; 4. A change in the location, size or height of any structure on site; 5. A change in the type and location of accessways and parking areas where off—site traffic would be affected; 6. An increase in the floor area proposed for a nonresidential use by more than 10% over that previously specified in the approved application; 7. A reduction in the area reserved for common open space and/or usable open space which reduces the open space are below the minimum required by this Code or reduces the open space area by more than 10%; 8. A reduction of project amenities below the minimum established by this Code or by more than 10% where specified in the site plan: a. Recreational facilities, b. screening, and/or C. landscaping provisions; and 9. A modification to the conditions imposed at the time of Site Development Review approval which are not the subject of (B) 1-9 of this subsection. C. Upon determining that the proposed modification to the site development plan is a major modification, the applicant shall submit a new application in accordance with Sections 18. 120.030 and 18. 120.090 for Site Development Review prior to any issuance of building permits . 18. 120.090 Minor Modification(s) of a Site Development Review A. Any modification which is not within the description of a major modification as provided in Section 18. 120.070 shall be considered a minor modification. — 233 — ' B. A minor modification shall be approved, approved with conditions or denied following the Director' s review based on the finding that: 1. No Code provisions will be —oiated; and 2. The modification is not a major modification. 18. 120.090 Application Submission Requirements A. All applications shall be made on forms provided by the Director and shall be accompanied by: 1. Five copies of the site development plan(s) and necessary data or narrative which explains how the development conforms to the standards, and a. The site development plan(s) and required drawings shall be drawn on sheets not exceeding 18" x 24"; and b. The scale for a site development plan shall be 20, 50 or 100 feet to the incF C. All drawings of struc -.-e elevations shall be a standard archite-tural scale, being 1/4" or 1/8" . 2. A list, certified by the Washington County Tax Assessor' s Office of the names and addresses of all persons who are property owners of record within 100 feet of the site. 3. The required fee. B. The required information may be combined on one map. C. The site development plan, data, and narrative shall include the following: 1. An existing site conditions analysis, Section 18. 120.100; 2. A site plan, Section 18.120. 110; 3. A grading plan, Section 18. 120. 120; 4. A landscape plan, Section 18. 120.130; 5. Architectural elevations of all structures, Section 18. 120. 140; 6. A sign plan, Section 18. 120. 160; and 7. A copy of all existing and proposed restrictions or covenants . 234 - i r f f 18. 120. 100 Additional Information Required and Waiver of Requirements F A. The Director may require information in addition to that required by this Chapter in accordance with Section 18.32.055 (A) • [ B. The Director may waive a specific requirement for information in accordance with Section 18.32.055 (B) and (C) . t F 18. 120. 110 Site Conditions F A. The site analysis drawings shall include: 1. A vicinity map showing streets and access points, pedestrian and bicycle pathways, transit stops and utility locations; 2. The site size and its dimensions; 3. Contour lines at 2-foot contour intervals for grades 0-10% and 5-foot intervals for grades over 10 percent; 4. The location of drainage patterns and drainage courses; 5. The location of natural hazard areas including: a. Floodplains areas (100-year floodplain and flooding), b. Slopes in excess of 25%; C. Unstable ground (areas subject to slumping, earth slides or movement); d. Areas having a high seasonal water table within 0-24 inches of the surface for three or more weeks of the year; e. Areas having a severe soil erosion potential; or f. Areas having severe weak foundation soils. f a t 6. The location of resource areas as shown on the Comprehensive Plan map inventory data including: E a. Wildlife habitats; and b. Wetlands. i 7. The location of site features including: KEK a. Rock outcroppings; and E b. Trees with 6" caliper or greater measured 4 feet from Cground level. 235 - 4 i 8. The location of existing structures on the site and f propose.: use of those structures; 1 ite or on 9. The location and type of noise sources on the smechanical / e adjoining property such as traffic ways, producing land uses if requested by the equipment or noise p 9 Director of Planning and Development. 3 18.120. 120 The Site Develo Ment Plan i A The proposed site development plan shall be at the same scale as f the site analysis and shall include the following information: e t' r 1. The proposed site and surrounding properties; 2. Contour line intervals (see Section 18.120. 110 (A)(3); 3. The location, dimensions and names of all: ys a. Existing and platted streets and d on adjoin er public ng propertiesy ander easements on the site an 0 osed streets or other public ways and easements on b. Prop the site. 4. The location and dimension of: a. The entrances and exits on the site; E b, The parking and circulation areas; E C. Loading and services areas; 6 d. Pedestrian and bicycle circulation; r t e. Outdoor common areas; and f. Above ground utilities. dimensions and setback distances of all: 5, The location, a a. Existing structures, improvements and utilities which F are located on adjacent property within 25 feet of the site and are permanent in nature. b. Proposed structures, improvements and utilities on the site. 6. The location of areas to be landscaped; 7. The location and type of outdoor lighting considering crime prevention techniques; 8. The location of mailboxes; - 236 — 9. The locations of proposed utility lines; and 10. The location of all structures and their orientation. 18. 120. 130 Grading Plan A. The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: 1. Requirements in Sections 18. 120. 110 and 18. 120. 120 of this Chapter. 2. The location and extent to which grading will take place indicating general contour lines, slope ratios and slope stabilization proposals. 3. A statement from a registered engineer supported by factual data substantiating: a. The validity of the slope stabilization proposals; and b. That all problems will be mitigated and how they will be mitigated. 18.120. 140 Architectural Drawings A. The site development plan proposal shall include: 1. Floor plans indicating the square footage of all structures proposed for use on—site; and 2. Typic 1 elevation drawings of each structure. 18. 120.150 Landscape Plan A. The landscape plan shall be drawn at the same scale of the Site Analysis plan or a larger scale if necessary and shall indicate: 1. Location of underground irrigation system sprinkler heads / where applicable; 2. Location and height of fences, buffers and screenings; 3 . Location of terraces, decks, shelters, play areas and t common open spaces; and 4. Location, type, size and species of existing and proposed s plant materials. B. The landscape plan shall include a narrative which addresses: i 1 . Soil conditions; and 2. Erosion control measures that will be used . 237 — 18.120-160 Sian Drawings ( Sign drawings shall be submitted in accordance with Chapter 18.118 of this Code. 18. 120 170 Exceptions to Standards A. The Director may grant an exception to the setback yard requirements in the applicable zone based on findings that the approval will result in the following: 1. An exception which is not greater than 20 percent of the required setback; 2. No adverse affect to adjoining properties in terms of light, noise levels, and fire hazard; 3. Safe vehicular and pedestrian access to the site and the on—site; 4. A more efficient use of the site which would result in more landscaping; and 5. The preservation of natural features which have been incorporated into the overall design of the project. g. The Director may grant an exception or deduction to the off—street parking dimensional and minimum number of space requirements in the applicable zoning district based on the following findings: 1. The application is for a use designed for a specific purpose which is intended to be permanent in nature (for example, senior citizen housing) and which has a demonstrated low demand for off—street parking; or 2. There is an opportunity for shared parking and there is written evidence that the property owners have entered into a binding agreement to share parking; or 3 . There is community interest in the preservation of particular natural feature(s) on the site, public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses, therefore the public interest is not adversely affected by the granting of the exception. C. The Director shall grant an exception to the landscaping requirements of this Code, Section 18. 120. 150, upon finding that the overall landscape plan provides for at least 20 percent of the gross site to be landscaped. C — 238 — i i i i 4 18. 120. 180 Approval Standards A. The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying an application: i 1. 1. The provisions of the following Chapters: a. Chapter 18.90, Density Computation b. Chapter 18. 100, Accessory Uses and Structures C. Chapter 18. 104, Additional Yard Area Requirements e d. Chapter 18. 105, Building Height Limitations, Exceptions e. Chapter 18. 106, Landscaping and Screening f. Chapter 18. 109, Visual Clearance Areas E g. Chapter 18. 111, Off—Street Parking and Loading �. h. Chapter 18. 112, Access and Egress i . Chapter 18. 118, Signs 2. Relationship to the Natural and Physical Environment: a. Buildings shall be: (1) Located to preserve existing trees, topography k and natural drainage; (2) Located in areas not subject to ground slumping or sliding; E (3) Located to provide adequate distance between k adjoining buildings for adequate light, air circulation and fire fighting; (4) Comparable in scale with surrounding buildings; and (5) Oriented with consideration for sun and wind. 1 b. Trees having a 6" caliper or greater shall be preserved or replaced by new plantings of equal character. 4 i 3 . Exterior Elevations: i a. Along the vertical face of the structure, offsets shall occur at a minimum of every 30 feet by providing any two of the following: F F F — 239 — (1) Recesses (decks, patios, entrances, floor area, etc. ) of a minimum depth of 8 feet. i (2) Extensions (decks, patios, entrances, floor area, etc. ) of a minimum depth of 8 feet, a maximum length of an overhang shall be 25 feet. (3) Offsets or breaks in roof elevations of 3 or more feet in height. f b. The standards of 18. 120. 180 (3)(a) above, shall only apply to single family attached residential units and multiple dwelling developments . i 4. Buffering, Screening and Compatibility between adjoining uses: 1 a. Buffering shall be provided between different types of land uses (for example, between single family and multiple family residential and residential and i commercial), and the following factors shall be considered in determining the adequacy of the type and extent of the buffer: (1) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust or to provide a visual barrier; (2) The size of the buffer required to achieve the purpose in terms of width and height; (3) The direction(s) from which buffering is needed; (4) The required density of the buffering; and r (5) Whether the viewer is stationary or mobile. b. On site screening from view from adjoining properties f of such things as service areas, storage areas, y. parking lots and mechanical devices on roof tops, i .e. air cooling and heating systems, shall be provided and . the following factors will be considered in determining the adequacy of the type and extent of the screening: i (1) What needs to be screened; ` }{f i (2) The direction from which it is needed; s` 4 (3) Flow dense the screen needs to be; (4) Whether the viewer is stationary or mobile; and (5) Whether the screening needs to be year around. w 240 — } a 5. Privacy and Noise: a. Structures which include residential dwelling units shall provide private outdoor areas for each ground floor unit which is screened from view by adjoining units; b. The buildings shall be oriented in a manner which protects private spaces on adjoining properties from view and noise; C. Residential buildings shall be located on the portion of the site having the lowest noise levels; and d. On site uses which create noise, lights or glare shall be buffered from adjoining residential uses (Section 18. 120.180 (B)(3)) . 6. Private Outdoor Area — Residential Uses a. Private open space shall be provided and shall designed for the exclusive use of individual units such as patio areas and balconies of at least AIL square feet with a minimum width dimension of 4 feet. (1) Balconies used for entrances or exits shall not be considered as open space except where such exits or entrances are for the sole use of the unit. (2) Required open space may include roofed or enclosed structures, such as a recreation center or covered picnic area. b. Wherever possible, private outdoor open spaces should be oriented toward the sun; and C. Private outdoor spaces shall be screened or designed to provide privacy for the users of the space. 7. Shared Outdoor Recreation Areas — Residential Uses: a. In addition to the requirements of subsections (4) and (5), usable outdoor recreation space shall be provided in residential developments for the shared or common use of all the residents in the following amounts: (1) Studio up to and including two—bedroom units: ` 200 square feet per unit. (2) Three or more bedroom units; 300 square feet per unit. i — 241 — i i b. The required recreation space may be provided as follows: (1) It may be all outdoor space; or i F (2) It may be part outdoor space and part indoor space; for example, an outdoor tennis court and indoor recreation room; and t (3) It may be all public or common space; or (4) It may be part common space and part private; for example, it could be an outdoor tennis court, { indoor recreation room and balconies on each unit; and (5) Where balconies are added to units, the balconies shall not be less than 48 square feet. �J C. Shared outdoor recreation space shall be readily observable for reasons of crime prevention and safety. 8. Demarcation of Public, Semi-Public and Private Spaces - Crime Prevention: a. The structures and site improvements shall be designed so that public areas such as streets or public gathering places; semi-public areas and private outdoor areas are clearly defined in order to establish persons having a right to be in the space, F in order to provide for crime prevention and to establish maintenance responsibility. b. These areas may be defined by: (1) A deck, patio, low wall, hedge, or draping vine; (2) A trellis or arbor; (3) A change in level; (4) A change in the texture of the path material; (5) Sign; or (6) Landscaping. 9. Crime Prevention and Safety . a. Windows shall be located so that areas vulnerable to crime an be surveyed by the occupants; b. Interior laundry and service areas shall be located in a way that they can be observed by others; - 242 - c. Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; d. The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; e. Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes; and (1) Fixtures shall be placed at a height so that light patterns overlap at a height of 7 feet which is sufficient to illuminate a person. 10. Access and Circulation: a. The number of allowed access points for a development shall be as provided in Section 18.112.070 of this Code. b. All circulation patterns within a development shall be designed to accommodate emergency vehicles. C. Provisions shall be made for pedestrian and bicycleways if such facilities are shown on an adopted plan. 11. Public Transit: a. Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to existing or proposed transit route. b. The requirements for transit facilities shall be based on: (1) The location of other transit facilities in the area; and (2) The size and type of the proposal. C. The following facilities may be required after City and Tri- Met review: (1) Bus stop shelters; (2) Turnouts for buses; and (3) Connecting paths to the shelters. 12. Parking: - 243 — T ji S i a. All parking and loading areas shall be designed in accordance with the requirements set forth in Sections 18. 111.050 and 18. 111. 190 Chapters 16. 109 (VISUAL ` CLEARANCE) and 18. 112 (ACCESS, EGRESS AND CIRCULATION) . r € 13 . Landscaping: a. All landscaping shall be designed in accordance with 4 the requirements set forth in Section 18. 106. b. Residential Uses . In addition to the open space and recreation area requirements of subsections 5 and 6, a minimum of 20 percent of the gross area including parking, loading and service areas shall be landscaped. g P C. Non—Residential Uses. A minimum of 20 percent of the gross site area shall be landscaped. 14. Drainage: All drainage plans shall be designed in accordance with the criteria in the adopted 1981 Master Drainage Plan (see Chapter 18. 114) . r 15. Provision for the Handicapped: All facilities for the Handicapped shall be designed in accordance with the requirements set forth in ORS Chapter 487.915-925. t 16. Signs: All sign placement and construction shall be designed in accordance with requirements set forth in Chapter 18. 118 of this Code. T 3 9 f 4Fy. F k C E qq 7F R'- 244 — 18. 130. CONDITIONAL USE ( 18 . 130.010 Purpose The purpose of this Chapter is to provide standards and procedures under which conditional uses may be permitted, enlarged, or altered if the site is appropriate and if other conditions can be met. 18. 130.020 Administration and Approval Process A. The applicant of a Conditional Use proposal shall be the recorded owner of the property or an agent authorized in writing by the owner. B. A Pre-Application Conference with City staff is required. See Section 18.32.030. C. Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the Pre-Application Conference is valid for no more than 6 months. 1. Another Pre-Application Conference is required if any Site Development Application is submitted 6 months after the Pre-Application Conference. 2. Failure of the Director to provide any of the information required by this Section shall not constitute a waiver of the standard, criteria or requirements of the applications . D. The Director shall mail notice of any Conditional Use proposal decision to the following persons who may have the right to request a hearing before the Hearings Officer in accordance with Section 18.32. 100. 1. All property owners of record within 250 feet of the property which is the subject of the application; and 2. The Chairpersons of an official recognized Neighborhood Planning Organization, if the property which is the subject of the application lies wholly or partially within the boundaries of such organization. E. Action on the application shall be in accordance with Section 18.32. 130 (HEARING PROCEDURES) and the following: 1. Unless otherwise provided by this Code, the Hearings Officer shall hold a pubic hearing and approve, approve with conditions or deny the application based on findings related to the applicable criteria set forth in Section 18. 130. 180 of this Code. 2. A decision by the Hearings Officer- may be reviewed by the Council as provided by Section 18 .32.260(6) . - 245 - 18 . 130.030 Expiration of__!�pproval _-__Standards _for_ Extension of Time A. Approval of a Conditional Use by the Hearings Officer shall be void after one year if: 1 . Substantial construction of the approval plan has riot begun within that one year period ; or, 2. Construction on the site i.s a departure from the approved plan. B. The Hearings Officer shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed 6 months provided that: 1 . No changes are made on the original Conditional Use plan as approved by the Hearings Officer. 2. The applicant can show intent of initiating construction of the site within the 6—month extension period; and 3 . There have been no changes in the applicable policies and ordinance provisions on which the approval was based. 18 . 130.040 Approval Standards and Conditions A. The Hearings Office shall approve, approve with conditions or deny an application for a conditional use or to enlarge or alter a Conditional Use based on findings of fact with respect to each of the following criteria: 1 . The site size and dimensions provide: a. Adequate area for the needs of the proposed use; and b. Adequate area for aesthetic design treatment to mitigate possible adverse effect from the use on surrounding properties and uses 2 . The characteristics of the site are suitable for the proposed use considering sire shape, location, topography and natural features 3 Al.l required public facilities have adequate capacity to serve the proposal 4. The applicable requirements of the zoning district are met except as modified by this Chapter. 5. The supplementary requirements sept forth in Chapter 18 . 118 (SIGNS) and Section 18 120. 180 (APPROVAL ;IANDARDS) Site Development Review, if applicable, are met . 246 6. The use will comply with the applicable policies of the comprehensive plan. Q B. An approved conditional use or enlargement or alternation of an existing conditional use shall be subject to the development review provisions set forth in Chapter 18. 120. C. The Hearings Officer may impose conditions, on its approval of a conditional use, which it finds are necessary to assure the use is compatible with other uses in the vicinity . These conditions may include, but are not limited to the following: 1 . Limiting the hours, days, place and manner of operation. 2. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and dust. 3 . Requiring additional set back areas, lot are or lot depth or width. 4. Limiting the building height, size or lot coverage, or location on the site. 5. Designating the size, number, location and design of vehicle access points. 6. Requiring street right—of—way to be dedicated and the street to be improved. 7. Requiring landscaping, screening, drainage and surfacing of parking and loading areas. 8 . Limiting the number, size, location, height and lighting of signs . 9. Limiting or setting standards for the location and intensity of outdoor lighting. 10. Requiring berming, screening or landscaping and the establishment of standards for their installation and maintenance . 1.1 . Requiring and designating the size, height, location and materials for fences . 12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and drainage areas. 18. 130.050_ MaLor Mod ificati_on to Approved _Plans A. An applicant may request approval of modification to an approved plan by : 247 — 1 . Providing the Director with 5 copies of the proposed modified Conditional Use plan; and 2. A narrative which indicates the rationale for the proposed modification. B The Director shall determine that a major modification or modifications has resulted in one or more of the changes listed below have been proposed: 1 . A change in land use; 2. An increase in dwelling unit density; 3 . A 10% change in the ratio of the different types of dwelling units to the number of units; 4. A change in the type of commercial or industrial structures; 5. A change in the type and location of accessways and parking areas where off—site traffic would be affected; 6. An increase in the floor area proposed for nonresidential use by more than 10 percent where previously specified; 7. A reduction of more than 10 percent of the area reserved for common open space and/or usable open space; 8 . A reduction of specified setback requirements by more than 20 percent; 9 . An elimination of project amenities by more than 10 percent where previously specified provided such as: a. Recreational facilities, b. Screening, or C. Landscaping provisions; 10. A 10% increase in the approved density; and 11 . Any other modification to conditions imposed at the time of Site Development Review approval. C. Upon the Director determining that the proposed modification to the Conditional Use plan is a major modification, the application shall submit a new application in accordance with Section 18. 130.070 for Conditional Use prior to applying for Site Development Review. 18. 130.060 Minor Modification(s) of a Site Development Review A. Any modification which is not within the description of a major modification as provided in Section 18 . 130.070 shall be considered a minor modification. 248 — B. A minor modification shall be approved, approved with conditions or denied following the Director' s review based on the findings that: 1. No Code provisions will be violated, and 2 . The modification is not a major modification. 18. 130.070 Application Submission Requirements A. All applications shall be made on forms provided by the Director and shall be accompanied by: 1. Five copies of the site development plan(s) and necessary data or narrative which explains how the development conforms to the standards: a. Sheet size Conditional Use site plan(s) shall be drawn on sheets not exceeding 18" x 24"; and b. The scale for a site plan shall be 20, 50, 100 or 200 feet to the inch. C. All drawings of structure elevations shall be a standard architectural scale, being 1/4" or 1/8". 2. A list, certified by the Washington County Tax Assessor' s Office of the names and addresses of all who are property owners of record within 250 feet of the site. 3 . The required fee. B. The required information may be combined and does not have to be placed on separate maps . C. The Conditional Use plan, data, and narrative shall include the following: 1. Existing site conditions, Section 18. 130. 100; 2 . A site plan, Section 18 . 130. 110; 3 . A grading plan, Section 18. 130. 120; 4. A landscape plan, Section 18. 130. 130; 5. Architectural elevations of all structures, Section 18. 130. 130; 6. A sign plan, Section 18 . 130. 150; 7. A copy of all existing and proposed restrictions or covenants; and - 249 — 1 f 1 t f i 18. 130.080 Site Conditions E �— A. The site analysis drawings shall include: 1 . A vicinity map showing streets and access points, t pedestrian and bicycle pathways, transit stops and utility i locations; i S 2. The site size and its dimensions; 3 . Contour lines at 2-foot intervals for grades 0-10% and less and 5-foot intervals for grades over 10 percent; 4. The general location of drainage patterns; k 5. The general location of natural hazard areas including: 4 a. Floodplain areas (100-year floodplain and flooding), I C x b. Slopes in excess of 25%; C. Unstable ground (Areas subject to slumping, earth slides or movement); V d. Areas having a high seasonal water table within 0-24 4 inches of the surface for three or more weeks of the year; r e. Areas having a severe soil erosion potential; and f. Areas having severe weak foundation soils. f. 6. The general location of natural resource areas as shown on the Comprehensive Plan map inventory data; r 7. The general location of site features including: r s a. Rock outcroppings; and e b. Tree with 6" caliper or greater measuring 4 feet from E ground level . j. xisting structures on the site and 8 . The location of eF proposed use of those structures; and f. 9 . The location and type of noise sources on the site or on i adjoining property such as traffic ways, mechanical i equipment or noise producing land uses. i. 18. 130.090 The Site Plan z A. The proposed Conditional Use plan shall be at the same scale as ( the site conditions and shall include the following information: E. -- 250 — 4:. 1 . The proposed site and surrounding properties; 2. Contour intervals (see Section 18.130.090 (A)(3); 3. The location, dimensions and names of all: a. Existing streets and b. Proposed streets. 4. The location and dimension of: a. The entrances and exits on the site; b. The parking and circulation areas; C. Loading and services areas, if applicable; d. Pedestrian and bicycle circulation, if applicable; e. Outdoor common areas, if applicable; and f. Above ground utilities. 5. The location, dimensions and setback distances of all: a. Existing structures, improvements and utilities which are; (1) Located within 25 feet of the site and are on adjoining property; and (2) To remain on—site. b. Proposed structures, improvements and utilities on the site. 6. The location of areas to be landscaped; and 7. The locations of proposed utility lines. 18. 130. 100 Grading Plan A. The Conditional Use plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: 1 . Areas of cut and fill; and 2. Slope ratios and slope stabilization proposals . 18. 130. 110 Architectural Drawings A. The Conditional Use plan proposal shall include: 251 — 1 . The square footage of all structures proposed for use on—site; and { 2. Preliminary elevation drawings of each structure. 18. 130. 120 Landscape Plan A. The G_,-iditioral Use plan proposal shall include: 1 . The general location of fences, buffers and screenings; 2. The general location of play areas and common open spaces; and 3 . The general location of existing and proposed plant materials. 18. 130. 130 Sign Drawings Drawings indicating sign location shall be submitted in accordance with Chapter 18. 118 of this Code. 18. 130. 140 Additional Information Required and Waiver of Requirements A. The Director may require information in addition to that required by this Chapter in accordance with Section 18.32.055 (A) . B. The Director may waive a specific requirement for information in accordance with Section 18.32.055 (B) and (C) . 18. 130. 150 Standard Dimensional Requirements for Conditional Use Types A. A Conditional Use proposal shall comply with the standards of the zoning district in which it is located and the applicable provision of this Code, or as otherwise provided in standards that follow. B. A Conditional Use permit shall not grant variances to the regulations otherwise prescribed by this Code, unless such variance is applied for the same application. C. The additional dimensional according use requirements for Conditional Uses are as follows: 1. Accessory Dwelling Unit. a. Signs: No signs are permitted for accessory dwelling units. 2. Adult Entertainment. a. No adult entertainment establishment shall be permitted to locate in any residential zoning, - 252 — i i neighborhood commercial, office commercial, or ' industrial district. I 0. b. mo adult bookstore or theater shall be permitted to s locate within 500 feet of any: i t i (1) Residential district; i (2) Public or private nursery, pre—school, elementary, g junior, middle or high school; (3) Day care center, nursery school, convalescent home, home for the aged, resident care facility or hospital; (4) Public library; (5) Public park; or (6) Religious institution. C. Distance shall be measured in a straight line, without regard to intervening structures, objects or roads, from the closest point of the structure or portion of structure containing the use, to the closest portion of the residential district or property line upon which a use specified in b, above is listed. d. Any sign shall comply with the sign requirements, Chapter 18. 118. operation shall be limited to 10:00 a.m. to e. Hours of p � 1 :00 a.m. f. All windows less than 7 feet from the ground shall be r covered or screened in such a manner that the sales area and inventory are not visible from the sidewalk i adjacent to the use. g. Doors and windows shall at all times be closed except for normal ingress and egress. h. No amplified or mechanically reproduced sounds shall emanate from the confines of the structure or portion of the structure in which the adult business is operated; and i. All adult entertainment establishments shall comply with all applicable State laws. i 3 . Automobile and Equipment: Fleet Storage. — r a. No buildings or structures shall be allowed . 1 — 253 — i b. Setbacks : (1) Setbacks shall be used as landscape buffer when storage lot abuts a residential zoning district. 4. Automobile and Equipment: Sales/Rental (Farms, Heavy and Light Equipment) a. Setbacks: (1) Five feet of perimeter setback shall be used for landscaping and screening purposes. 5. Community Recreation and Parks . a. Setbacks: (1) All building setbacks shall be a minimum of 30 feet from any property line. b. Off—street Parking: There are no parking requirements. 6. Heliports: Applicable district: All commercial and industrial zones. In accordance with the ODOT Aeronautics Division requirements and the FAA recommended design guidelines. 7. Vehicle Fuel Sales: a. Lot size: 10,000 square feet. b. Setbacks: (1) The front yard setback shall be 40 feet. (2) On corner and through lots, the setback shall be 40 feet on any side facing a street. (3) No side or rear yard setback shall be required, except 20 feet where abutting a residential zoning district. c . Fuel tank installation: In accordance with Chapter 18. 110. d . Building Height: Same as applicable zone. 8. Parking Services . 6 a. No buildings or structures shall be allowed . t: b. Setbacks : - 254 - (1) Setbacks shall be used as landscape buffer when storage lot abuts a residential zoning district. 9. Schools. a. Lot Size: (1) Preschool or elementary except as provided under subparagraph (3) . Minimum of five (5) usable acres plus one (1) usable acre for each one hundred (100) students, or major fraction thereof, of the ultimate building capacity . (2) Junior high or high schools (any combination of grades seven (7) through twelve (12) . Minimum of ten (10) usable acres plus one (1) usable acre for each one hundred (100) students, or major fraction thereof, of the ultimate building capacity. (3) Twenty Thousand (20,000) square feet for nursery schools with less than forty—five (45) pupils• (4) Any combination of pre—school and junior or high schools shall comply with the standards as specified by (2) above. b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet. (2) On corner lots and through lots, the setback shall be a minimum of 20 feet on any side facing a street, plus meet visual clearance areas (Chapter 18. 109) . (3) The side yard setback shall be a minimum of 20 feet. (4) The rear yard setback shall be a minimum of 30 feet. 10. Religious Assembly and Accessory Uses . a. Lot Size: The minimum lot size shall be 20,000 square feet. b. Setbacks: (1) The front yard setback shall be a minimum of 25 feet. i i 255 — (2) On corner lots and through lots, the setback shall be a minimum of 20 feet, plus meet visual 4 clearance areas (Chapter 18. 109) . C- (3) The side yard setback shall be a minimum of 20 t feet. (4) The rear yard setback shall be a minimum of 20 feet. (5) Each setback shall be increased 5 feet for every 10 feet of building height over 45 feet. 11. Hospitals. a. Lot Size: Minimum lot size shall be 20,000 square feet plus 1,000 square feet for each bed over 15. b. Setbacks: (1) The front yard setback shall be a minimum of 25 feet. (2) On corner lots and through lots, the setback shall be a minimum of 25 feet, plus meet visual clearance areas (Chapter 18. 109) . (3) The side yard setback shall be a minimum of 25 feet. (4) The rear yard setback shall be a minimum of 25 feet. (5) Each setback shall be increased 5 feet in every 10 feet of building height over 45 feet. 12. Funeral and Interment Services (Interring and Cemeteries only) . a. Lot Size: Minimum lot size shall be 5 acres. b. Setbacks: (1) For graves only (a) The front yard setbacks shall be a minimum of 15 feet. (b) The side yard setbacks shall be a minimum of 15 feet. (c) The rear yard setbacks shall be a minimum of 15 feet. 256 — r (2) For structures only . r' (a) The front yard setbacks shall be a minimum of 25 feet. (b) On corner lots and through lots, the setbacks shall be a minimum of 25 feet on any side facing a street, plus meet visual clearance areas (Chapter 18 . 109) (c) The side yard setback shall be a minimum of 25 feet. (d) The rear yard setback shall be a minimum of 25 feet. C. Adequate fencing shall be provided: A fence of at least 4 feet in height located at least 2 1/2 feet from any right—of—way shall completely surround the area and shall meet visual clearance areas. d. Off—street Parking: (1) There are no parking requirements. 13 . Lodge Fraternal and Civic Assembly. a. Lot Size: Minimum lot size shall be 20,000 square feet. 14. Spectator Sports and Entertainment (Other, in conjunction with school use only) . a. Lot Size: The minimum lot size shall be 2 acres. b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet. (2) On corner lots and through lots, the setback shall be a minimum of 25 feet on any side facing a street, plus meets visual clearance areas (Chapter 18. 109) . (3) The side yard setback shall be a minimum of 25 feet. (4) The rear yard setback shall be a minimum of 30 feet. (5) Each setback shall be increased 5 feet for every 10 feet of building height over 45 feet. 257 — c. Off—street Parking: Exempt, if constructed with a i school use. Otherwise, requirements shall comply with Section 18. 111.030 of the parking requirements. C 15. Duplexes. i a. Lot Size: 10,000 square feet. 1 b. The remaining dimensional requirements of the underlying zoning district shall apply. ° s n 4 F L 258 — 18. 132 NONCONFORMING SITUATIONS f" 18. 132.010 Purpose ` A Within the districts established by this Chapter or amendments that may later be adopted there may exist lots, structures, uses of land and structures, which were lawful before the effective date of this Chapter, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments. B. It is the purpose and intent of this Chapter to permit these nonconforming lots, structures and uses but to disallow the enlargement, expansion or extension of such uses. D. Nonconforming uses are declared by this Chapter to be incompatible with the Comprehensive Plan and with permitted uses in the zoning district involved. 18.132.020 Pendine Building Permits A. In order to avoid undue hardship, nothing in this Chapter shall require any change in the location, plans, construction, size or designated use of any building, structure, or part thereof, for which a required city building permit has been granted prior to enactment of this Code. B. If a building permit is revoked or for any reason becomes void, all rights granted by this Chapter are extinguished and the project shall thereafter be required to conform to all the provisions of this Code. 18. 119 030 Criteria for Nonconforming Situations A. Nonconforming Lots of Record. 1. Except as provided in subsection (2) below and subsections B and C, no nonconforming lot of record at the effective date of this Code or amendment thereto shall be developed for any use, and no existing use on a nonconforming lot of record shall be enlarged, extended, or reconstructed. 2. If on the date of adoption of this Code a lot does not meet the lot size requirements of the applicable zoning district in which the property is located, the lot may: a. Be occupied by one use permitted outright in a commercial zoning district; if the lot is located within a commercial zoning district; or b. Be occupied by single family residential units and accessory structure if located in a residential zoning district. 259 - 3 . In any district, construction on a single nonconforming lot of record existing at the effective date of this Code or amendment thereto, notwithstanding limitations imposed by other provisions of this Code, shall be subject to the following: a. The nonconforming lot shall be in a separate ownership and not contiguous with other lots in the same ownership. b. All setback, height and other applicable provisions of the zoning district are satisfied. 4. If two or more lots, or combinations of lots and portions of lots in single ownership are of record at the effective date of this Code and are made nonconforming as to lot area, width, or depth by this Code the lots involved shall be considered to be an undivided parcel for the purposes of this Code; and a. No portion of the aggregated parcels shall be conveyed, transferred or used in any manner which violates or creates a violation of this Code. b. No division of the parcel shall be made which creates any lot remaining with the area, width, or depth which does not meet the requirements of this Code. B. Criteria For Nonconformina Uses of Land_. 1 . Where at the time of adoption of this Code a lawful use of land exists which would not be permitted by the regulations imposed by this Code, and where such use involves no structure or building, other than a single sign or accessory structure the use may be continued as long as it remains otherwise lawful, provided: a. No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land or space than was occupied at the effective date of adoption or amendment of this Code; b. No such nonconforming use shall be moved in whole or in part to any portion of the lot other than that occupied by such use at the ef(-ective date of adoption or amendment of this Code; C. The nonconforming use of land is not discontinued for any reason for a period of more than 6 months. d. if the use is discontinued or abandoned for any reason for a period of 6 months any subsequent use of land shall conform to the regulations specified by this i Code for the zone in which such land is located . 260 — e. For purposes of this Section, a use shall be deemed to be discontinued or abandoned upon the occurrence of the first of any of the following events: (1) On the date when the use of land is vacated; (2) On the date the use ceases to be actively involved in the sale of merchandise or the provision of services; (3) On the date of termination of any lease or contract under which the nonconforming use has occupied the land; and (4) On the date a request for final reading of water and power meters is made to the applicable utility districts. f. No additional structure, building or sign shall be constructed on the lot in connection with such nonconforming use of land. C. Nonconforming Structures. 1. Where a lawful structure exists at the effective date of adoption or amendment of this Code that could not be built under the terms of this Code by reason of restrictions on lot area, lot coverage, height, yard, equipments, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: a. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be enlarged or altered in a way that satisfies the requirements of this Code or will decrease its nonconformity; b. Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 60% of its current value as assessed value by the Washington County Assessor, it shall not be reconstructed except in conformity with the provisions of this Code; and C. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. — 261 — e� D, Nonconforming Uses of Structures. K i 1. If a single lawful use contained in a single structure involving that structure or structure and premises in combination (except for a single, accessory structure) existed as of March 16, 1983, would not be allowed in the f zoning district in which it is located, or which is nonconforming because of inadequate off—street parking, landscaping, or other deficiency, (under the terms of this ordinance or amendment thereto) the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: E a. No existing structure devoted to a use not permitted by this Code in the zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except to accommodate a changing of the use of the structure to a use permitted in the zone in which it is located; b. Any nonconforming use may be extended throughout any existing parts of a building which were manifestly K arranged or designed for such use at the time of adoption or amendment of this Code, but no such use t shall be extended to occupy any land outside such e building; C. A change of use for a single use in a single structure, may occur under the following conditions: (1) The nonconforming use statuswas registered with the Planning Director in the manner provided by 18. 132.030 D(3) for the purpose of establishing y the use classification as listed in any of the Permitted Uses subsection of this Code; and (2) The new use is within the registered Permitted Use classification; or, ( (3) The new use conforms to the zoning ordinance provisions. d . When a nonconforming use of a structure and premises is discontinued or abandoned for 6 months the structure and premises shall not, thereafter be used except in full conformity with all regulations of the zoning district in which it is located. For purposes of this Section, a use shall be deemed to be discontinued or abandoned upon the occurrence of the first of any of the following events: (1) On the date when the structure or premises are vacated, 262 — (2) On the date the use ceases to be actively involved in the sale of merchandise or the t provision of services, . (3) On the date of termination of any lease or contract under which the nonconforming use has occupied the premises, and E (4) On the date a request for final reading of water and power meters is made to the applicable utility districts; and f. Where a nonconforming use status applies to a ' structure and premises, removal or destruction of the structure shall eliminate the nonconforming use status of the land. (1) Destruction for the purpose of this subsection is defined as damage to an extent of more the than ton of its current assessed value by g County Assessor. (2) Any subsequent use shall conform fully to all provisions of the zoning district in which it is located. 2. If a single structure or a structure and premises containing a number of lawful uses (except for a single accessory structure) existed as of march 16, 1983, and said uses would not be allowed in the zoning district in which they are located, or which is nonconforming because of inadequate off—street parking, landscaping, or other deficiency, (under the terms of this ordinance or amendment thereto) the lawful uses may be continued solong following remain otherwise lawful, subject provisions: a. No existing structure devoted to a use not permitted by this Code in the zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except to accommodate a changing of the use of the structure to a use permitted in the zone in which it is located; b. Any nonconforming use may be extended throughout any existing parts of a building which was manifestly arranged or designed for such use as of March 16, 1983, but no such use shall be extended to occupy any land outside such building except as limited by 18. 132.030 D(2)(e) . t - 263 - 1 18. 132.040 Repairs and Maintenance A. On any nonconforming structure or portion of a structure - containing a nonconforming situation, normal repairs or replacement on non-bearing walls, fixtures, wiring, or plumbing may be performed in a manner not in conflict with the other provisions of this Chapter. i B. Nothing in this Code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafeo der not such al charged with protecting the public safety, upon 18. 132.050 Uses under Conditional Use Provisions Not_Nonconforming Uses A. A permitted use existing before the effective date of this ordinance which under the provisions of this Code is now permitted only upon receiving a Conditional Use permit under the terms of this Code shall not be deemed a nonconforming use in such zoning district, if it otherwise conforms to the standards of this Code, but shall without further action be considered a conforming use subject to the provisions applicable to Conditional Uses. B. Enlargement, extension, reconstruction, or moving of such use shall only be allowed subject to the provisions for Conditional Uses, as contained in Chapter 18. 130. i 264 - e 18. 134. VARIANCE r' 18 134.010 Purpose The purpose of this Ch«pter is to provide standards for the granting of variances from the applicable zoning requirements of this Code where it can be shown that, owing to special and unusual circumstances related to a specific piece of the land, the literal interpretation of the provisions of applicable zone would cause an undue or unnecessary hardship, except that no use variances shall be granted. 18. 134.020 Applicability of Provision t A. The variance standards are intended to apply to individual platted and recorded lots only. B. An applicant who is proposing to vary a specification standard for lots yet to be created though a subdivision process may not utilize the variance procedure unless otherwise specified in Chapter 18.103 (ZERO LOT LINE SETBACK STANDARDS) or Chapter 18.150 (LAND DIVISION - SUBDIVISION) . 18. 134.030 Administration and Approval Process A. The applicant for a Variance shall be the recorded owner of the property or an agent authorized in writing by the owner. B. A Pre-Application Conference with City staff shall be required. See Section 18.32.030. C. Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the Pre-Application Conference is valid for nor more than 6 months. 1. Another Pre-Application Conference is required if any variance application is submitted 6 months after the Pre-Application Conference. 2. Failure of the Director to provide any of the information required by this Chapter shall not constitute a waiver of the standard, criteria or requirements of the applications. D. The Director shall approve, approve with conditions or deny any application for a Variance. The Director shall apply the standards set forth in Section 18. 134.050 of this Chapter when reviewing an application for a variance. E. The decision of the Director may be appealed in accordance with Section 18.32.260 (A) . 1. The applicant may request a hearing before the Commission if the action of the Director is to deny or to approve with conditions . l 265 - t f �y i 2, Any persons or group of persons whose interests are adversely affected by this action may appeal the decision r' s decision to the Commission if the action of the Directpolication. iis to approve or approve with conditions the a p variance proposal decision F. The Director shall mail notice of any request a to the following persons who may have the right to req € ission in accordance with Section hearingfollowing before the Comm 13.32.200. 1, All property owners of record within 100 feet of the property which is the subject of the application; and Chairpersons of an official recognized Neighborhood 2, The which is the subject Planning Organization, if the property of the application lies wholly or partially within the boundaries of such organization. € 18. 134.040 Ex iration of Ap roval - Standards for Extension of Time shall be void after one year unless: A. Approval of a variance 1, Substantial construction of the approved plan has begun within one year period; or g 2. Construction on the site is a departure from the approved plan. B. The Director shall,. up Pon written request by the applicant and payment of the requred fee, grant an extension of the approval period not to exceed six months provided that: 1 . No changes are made on the original variance plan as approved by the Director; 2, The applicant can show intent of initiating construction of the site within the six-month extension period; and 3. There have been no changes in the applicable Policies and ordinance provisions on which the approval 18. 134.050 Criteria for Granting a Variance A. The Director shall approve, approve with conditions or deny an application for a variance based on the following criteria: ly l to 1 . The proposed variance will not in conflict lwithethempol.icies the purposes of this Code, ther applicable policies of the Comprehensive plan, to any o ties in the same zoning and standards; and to other proper district or vicinity. 266 - E r 2. There are special circumstances that exist which are € peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; t 3 . The use proposed will be the same as permitted under this Code and City standards will be maintained to the greatest h extent that is reasonably possible, while permitting some 4 economic use of the land; 4. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were located as specified in the Code; and 5. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. 18. 134.060 Application Submission Requirements ` A. All applications shall be made on forms provided by the Director and shall be accompanied by: 1. Three copies of the variance site plan(s) and necessary data or narrative which explains how the development conforms to the standards: s a. Sheet size for a variance site plan and required drawings shall not exceed 18" x 24"; and b. The scale of the site plan shall be 20, 50, 100 or 200 feet to the inch; and C. All drawings of structure elevations shall be a r standard architectural scale, being 1/4" or 1/8". 2. A list, certified by the Washington County Tax Assessor' s Office of the names and addresses of all persons who are property owners of record within 100 feet of the site. 3 . The required fee. a# 3 B. The required information may be combined and does not have to be placed on separate maps . C. The variance site plan, data, and narrative shall include the following: e 1 . A site plan, Section 18. 134.070; and 2. A copy of all existing and proposed restrictions or covenants . 267 - 18 . 134.070 The Site Plan i A. The proposed variance site plan shall include the following information: 1. The proposed site and surrounding properties; 2. The location, dimensions and names of all existing streets; i 3. The location and dimension of: a. The entrances and exits on the site; b. The parking and circulation areas; C. Loading and services areas; d. Pedestrian and bicycle circulation; areas• e. Outdoor common , f. Above ground utilities; and g. Existing landscaping. 4. The location, dimensions and setback distances of all: a. Existing structures, improvements and utilities which are located within 25 feet of the sites and are on adjoining property; and b. Proposed structures, improvements, landscaping and utilities on the site. 8. In the case of a request for a variance to the building height provisions: 1. An elevation drawing of the structure and the proposed variances; and 2. A drawing(s) to scale showing the impact on adjoining properties; for example, will the height variance if granted, block a viewpoint from an adjoining property of a significant land feature. 6 268 — 18. 136 ANNEXATIONS 18. 136.010 Purpose A. The purpose of this Chapter is to: 1 . Implement the policies of the Comprehensive Plan; 2. Provide for City review of all annexation requests for a determination of the availability of facilities and services as related to the proposal; 3 . Provide for dissemination of public information and for sufficient time for public review prior to submittal to the Portland Metropolitan Area Boundary Commission; 4. Provide for City and County coordination of annexation requests. 5. Provide for an expedited process by establishing procedures whereby the annexation and rezoning may be considered concurrently. 18. 136.020 Administration and Approval Process A. The applicant of an annexation proposal shall be the recorded owner of the property or an agent authorized in writing by the owner. B. A Pre—Application Conference with City staff is required. See Section 18.32.030. C. Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the Pre—Application Conference is valid for no more than 6 months. 1 . Another Pre—Application Conference is required if any Site Development Application is submitted 6 months after the Pre—Application Conference. 2. Failure of the Director to provide any of the information required by this Section shall not constitute a waiver of the standard, criteria or requirements of the application. D. Within 45 days after the closing of the application submittal period, the Commission shall hold a public hearing in accordance with the provisions of 18.32. 130 and based on the standards in 18.36.030 shall make: 1 . A recommendation to approve, approve with modifications or deny the requested annexation; and 269 I I E, Within 45 days after the date of the Commission' s final action, the Council shall hold a public hearing in accordance with the procedures of 18.32 and shall make a recommendation to the + Portland Metropolitan Area Boundary Commission for approval, ion or denial of the annexation based on approval with modificat the standards in 18.36.040. F. Any zoning designation approved by the City through this process i shall not become effective until the effective date of the I Boundary Commission's final action on the proposed annexation. G. City notices regarding the annexation and given pursuant to 18.32.100 shall contain a declaration of the City' s intent to 6 consider placing the property proposed for annexation or any part thereof in a City zoning classification. 18.136.03QApproval Standards A. The decision to approve, approve with modification or deny an application to annex property to the City shall be based on the following criteria: 1. All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; and 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. B. The zone placed on the property shall be the City' s zoning district which most closely implements the City' s or County' s Comprehensive Plan map designation. 18. 136.040 Application Submission Requirements A. All applications shall be made on forms provided by the Director and shall be accompanied by: 1. Three copies of the annexation area, conceptual development plan(s) and necessary data or narrative which explains how the annexation conforms to the standards: a. Sheet size for an annexation area, conceptual development plan and required drawings shall not exceed 18" x 24"; and b. The scale of the required drawings shall be 20, 50, 100 or 200 feet to the inch; and C. Any drawings of structure elevations shall be a standard architecture scale, being 1/4" or 1/8" . 2. A list, certified by the Washington County Tax Assessor' s Office of the names and addresses of all who are property owners of record within 30 days before the application and whose property is within 250 feet of the site. 270 MT 3. The required fee. B. The required information may be combined and does not have to be placed on separate maps. C. The annexation area plan, data and narrative shall include the following: 1. A map to a scale shown in Section 18. 136.040 (A)(1)(b) above of the area to be annexed which includes the surrounding area; 2. A map of the area shown on the Washington County Assessor Map; 3. A metes and bounds legal description of the annexation area; 4. A statement of the availability, capacity and status of existing water, sewer, drainage, transportation, park, police and fire service, and school facilities; 5. A statement of the increased demand for such facilities to be generated by any proposed development within the annexation area; and 6. A conceptual development plan which includes: a. The type of intensities (density) of the proposed land uses; b. Transportation corridors; C. Significant natural features; and d. Adjoining land uses. 271 - 18. 137 TEMPORARY USES L 18. 137.010 Purpose The purpose of this Chapter is to allow for those uses that are seasonal or directed towards a specific event or not intended to be permanent in nature, meaning less than one year, while ensuring that all City policies, standards and ordinances are met. The temporary use provisions do not apply to businesses seeking a temporary or interim location. 18. 137.020 Approval Authorization A. The Director may issue Temporary Use permits: 1. For a period not to exceed 60 days from the date of issuance; and 2. Such permits shall only be consecutively renewed for one additional 60 day period by the Director. 3 . For Temporary Sales Offices and model home proposals (see Section 18. 137.060) . B. The Commission may issue Temporary Use permits that will terminate between 60 days and 6 months from the date of issuance. C. The Council may issue: 1. Temporary Use permits that will terminate between 6 months and 1 year. 2. Issue renewal permits granted by the Hearings Officer. D. The applicable Approval Authority may attach reasonable conditions to any Temporary Use permit approval which will protect the health, safety and welfare of th? City' s residents. i i F 18. 137.030 Temporary Uses A. Temporary uses include: 1 . Uses associated with the celebration of a specific holiday such as the sale of Christmas trees and fireworks; 2. Uses associated with the sale of fresh fruits, produce and flowers; 3 . Uses associated with festivals or celebrations. 4. A temporary real estate office or model home within a development limited to the sale of real estate in the development. — 272 — B. Temporary uses exempt from the provisions of this Chapter shall include garage sales. 18.137.040 Standards for Approval of a Temporary Use Permit A. Applicants for temporary Use permits shall submit such evidence as required in Section 18 . 137.030 to enable the Council, Hearings Officer or the Director to make a finding that one or more of the following conditions exists: 1. The need for the Temporary Use permit is the direct result of a casualty loss, such as fire, windstorm, flood or other severe damage by the elements to a preexisting structure or facility previously occupied by the applicant on the premises for which the permit is sought; 2. The applicant has been evicted within sixty days of the date of the application from a preexisting occupancy of the premises for which the permit is sought as a result of condemnation proceedings by a public authority, or eviction by abatement of nuisance proceedings, or by determination of a public body or court having jurisdiction that the continued occupancy of the facilities previously occupied constitutes a nuisance or is unsafe for continued use; 3 . Loss of leasehold occupancy rights by the applicant due to unforeseeable circumstances or other hardship beyond the foresight and control of the applicant; 4. The temporary occupancy required is limited in duration by the purposes for which the permit is sought, such as parade stands, circus, fairs, or other exhibitions, sales of goods, wares, merchandise, produce, or Christmas trees, and other similar obviously temporary needs; 5. There exists adequate ingress and egress when combined with permanent use of property; 6. There exists adequate parking for customers of temporary vendors; 7. The use will not result in congestion on adjacent streets; 8. The use poses no hazard or inconvenience to pedestrians or vehicles in the area of the use; 9. The purpose for which the temporary use or occupancy permit is sought is compatible with the incident to the completion of the basic purpose for which the land is being developed; and 10. The duration of such use is limited by the period of development, such as temporary sales office in a residential district. c_ 273 — 18. 137.050 Standards for Approval of a. Temporary Sales Offices and Model Houses u A. Temporary Sales Office. The Director may, upon application by € the applicant, grant permission for the use of any real property within the City as a temporary sales office or offices for the purpose of facilitating the sales of real property in any subdivision or tract of land within this city, but for no other purpose, in accordance with the following criteria: 1. The permission granted shall be of duration not to exceed 1 year from the date of the action allowing same. 2. The Temporary Sales Office shall be located within the boundaries of the subdivision or tract of land in which the r real property is to be sold. 3 . The property to be used for a temporary sales office shall not be permanently improved for that purpose; and 4. The granting of permission to use real property for a temporary sales office shall not be construed as granting a temporary district change. . B. Model Houses. Upon application by the owner, the Director may grant permission for the use of any real property within the City as a "model house" to be used in connection with the sale of real property in any subdivision or tract of land within the City in accordance with the following criteria: 1. The permission granted shall be of duration not to exceed 1 year from the date of the action allowing same. 2. The Model House shall be located within the boundaries of 1 the subdivision or tract of land where the real property to be sold is situated . 3 . The property to be used for a Model House shall be a permanently designed dwelling structure'; and 4. The granting of permission to use real property for a Model House shall not be construed as granting a temporary district change. 18. 1a7.OSQ Immediate Temporary Occupancy The Director in circumstances of emergency, and where consistent With the public interest, to grant a permit for immediate temporary occupancy or use of the premises, if consistent with the conditions hereinafter set forth in Section 18 . .050, to continue during the time a petition may be pending before the Hearings Officer as herein provided . - 274 - 18. 137.070 Administration and Approval Process A. The applicant of a temporary use shall be the recorded owner of the property or an agent authorized in writing by the owner. B. A Pre-Application Conference with City staff is required. See Section 18 .32.030. C. Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the Pre-Application Conference is valid for not more than 6 months. 1. Another Pre-Application Conference is required if any accessory use or structure application is submitted 6 months after the Pre-Application Conference. 2. Failure of the Director to provide any of the information required by this Chapter shall not constitute a waive of the standard, criteria or requirements of the applications. D. The Director shall approve, approve with conditions or deny any application for a temporary use. The Director shall apply the standards set forth in Section 18.96.040 of this Code when reviewing an application for a temporary use. E. The decision of the Director may be appealed in accordance with Section 18. 32.260 (A) . 1 . The applicant may request a hearing before the Commission if the action of the Director is to deny or to approve with conditions . 2. Any persons or group of persons whose interests are adversely affected by this action may appeal the decision to the Commission if the action of the Director's decision is to approve or approve with conditions the application. F. The Director shall mail notice of any temporary use decision to the following persons who may have the right to request a hearing before the Commission in accordance with Section 18.32.240 (A) . 1 . All property owner of record within 100 feet of the property which is the subject of the application; and 2. The Chairpersons of an official recognized Neighborhood Planning Organization, if the property which is the subject of the application lies wholly or partially within the boundaries of such organization. 18. 137.080_ Application Submission Requirements A. All applications shall be made on forms provided by the Director and shall be accompanied by : 275 - r i E 1. Twelve copies for review by Council or Commission and 5 1 copies for review by the Director of site plan(s) and l necessary data or narrative which explains how the Temporary Use proposal conforms to the standards: s E a. The site plan(s) drawings shall be drawn on sheets not E{ exceeding 18" x 24"; and 1 F t b. The scale shall be 20, 50 or 100 feet to the inch. C. All drawings of structure elevations shall be a standard architectural scale, being 1/4" or 1/8" . 2. A list, certified by the Washington County Tax Assessor' s � office of the names and addresses of all persons who are property owners of record within 100 feet of the site. 3. The required fee. B. The proposed Temporary Use site plan shall include the following information: 1. The proposed site and surrounding properties; 2. The location,tion dimensions and names of all: a. Existing streets; and r b. Proposed streets. The location and dimension of; if applicable: 3 � a. The entrances and exits on the site; b. The parking and circulation areas; C. Loading and services areas; d. Pedestrian and bicycle circulation; and e. Above ground utilities . 4. The location of areas to be landscaped; i 5. The location and type of outdoor lighting; 6. The locations of proposed utility lines; and E E 7. The location of all structures and their orientation. 4 276 - 4 e 18. 138 HOME OCCUPATIONS _ I 18. 138.010 Purpose A. It is the purpose of this Chapter to regulate home occupations } in residential zones in a manner that will ensure that the use 4 is: 1. A secondary, lawful use to the primary residential use of the premises upon which they are found, and 2. Not disruptive on the residential area. F g. Thi standards contained in this Chapter are intended to assure that home occupations will be compatible and consistent with the F residential uses and will not have a detrimental effect on the neighboring properties. f f 18. 138.015 Exemptions F. The following is exempt from the provisions of this Chapter: garage sales. 2' 18 138 020 Administration and Approval Process " A. The applicant of a home occupation proposal shall be the occupant of the property. B. A Pre-Application Conference with City staff is required in accordance with Section 18.32.030. E C. Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the Pre-Application Conference is valid for not more than 6 months. 1. Another Pre-Application Conference is required if any i variance application is submitted 6 months after the I Pre-Application. 2. Failure of the Director to provide any of the information required by this Chapter shall not constitute a waiver of the standard, criteria or requirements of the application. D. The Director shall approve, approve with conditions or deny any application for a home occupation. The Director shall apply the standards set forth in Section 18 .98 .040 of this Chapter when reviewing an application for a home occupation. 1 E. The decision of the Director may be appealed in accordance with Section 18.32.260 (A) . 1 . The applicant may request a hearing before the Commission if the action of the Director is to deny or to approve with conditions . 277 - 2. Any persons or group of persons whose interests are adversely affected by this action may appeal the decision to the Commission if the action of the Director's decision is to approve or approve with conditions the application. F. The Director shall mail notice of any home occupation proposal decision to the following persons who may have the right to request a hearing before the Commission in accordance with Section 18.32.090. 1 . All property owners of record within 100 feet of the property which is the subject of the application; and 2. The Chairpersons of an official recognized Neighborhood Planning Organization, if the property which is the subject of the application lies wholly or partially within the boundaries of such organization. 18. 138.030 Expiration of Approval — Standards for Extension of Time A. Home occupation approval by the Director shall be effective for a period of one year from the date of approval. 0. The Home occupation approval by the Director shall lapse if: 1. Substantial construction of the approved plan has not begun within one year period; or 2. Construction on the site is a departure from the approved plan. C. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed six months provided that: 1. No changes are made on the original variance plan as approved by the Director; 2. The applicant can show intent of initiating construction of the site within the six—month extension period; and 3 . There have been no changes in the applicable policies and ordinance provisions on which the approval was based . 18 138.040 Approval Standards A. Approval of a Home Occupation shall only be made by the Director in accordance with the following standards: 1 . The applicant shall obtain a permit which shall be renewed annually; 2. The Home Occupation shall be operated entirely within the Capplicant' s dwelling (excluding detached garage areas); — 278 — 3 . The use shall not occupy more than 25% of the floor area used for human occupancy (may include the basement); 4. There shall be no exterior indication of the home occupation; no exterior signs shall be used; no other on—site advertising visible from the exterior shall be used which informs the public of the use except of the address of the home occupation may be displayed; 5. There shall be no outdoor storage of materials, vehicles or products on the premises. Indoor storage of material or products shall not exceed the limitations imposed by the provisions of the Building, Fire, Health and Housing Codes. o. The use shall not include any retail sales other thin �,t'e+4� telephone sales. 7. The use shall not involve direct sales and service from the property necessitating customer traffic-Co' the residence. 8. The Home Occupation shall not produce any noise or obnoxious odors, vibrations, glare, fumes, or electrical interference detectable to normal sensory perception outside the structure; 9. There shall be no other employees on the premises other than those who are permanent residents of the dwelling; 10. The use shall not require any additional parking other than that which is required for the residence. 18. 138.050 Approval and Compliance for a Business License No business license will be issued for a home occupation until the home occupation application is approved and the applicant certifies that the home occupation will be operated in strict compliance with the provisions of this Chapter and the conditions of approval. 18. 138.060 Time Limit and Revocation A. The Director may approve a home occupation application subject to a specific time period at the termination of which there shall. be a renewal application to determine if all of the conditions and provisions of this Chapter have been satisfied . The permit shall be renewed if all of the conditions have been satisfied . B. The Director may revoke a home occupation approval if the conditions are not satisfied as provided by Section 18 .32.210 (E) . - 2.79 18. 138.070 Application Submission Requirements A. All applications shall be made on forms provided by the Director and shall be accompanied by: 1. Three copies of the necessary data or narrative which explains how the proposal conforms to the standards and floor plan drawings indicating area of home occupations. a. All drawings of floor plans shall be a standard architectural scale, being 1/4" or 1/8" . 2. A list, certified by the Washington County Tax Assessor' s Office of the names and addresses of all persons who are property owners of record within 100 feet of the site. 3. The required fee. B. The proposed Home Occupation site plan shall include the following information: 1. The proposed site; 2. The location and names of all existing streets; and 3 . A floor plan of the existing residential structure, indicating the area within the structure to be occupied by the home occupation. l 280 — 18 . 139 ACCESSORY USES AND STRUCTURES 18. 139.010 Purpose A. The purpose of this Chapter is to: 1 . Establish criteria for regulating the type, size and location of accessory structures in residential zoning districts; 2. Allow the property to be more useful while riot altering the residential character of the principal structure; and 3. Allow for accessory use3 within commercial and industrial zoning districts. 18 . 139.020 Accessory Uses and Structures Permitted A. The following types of accessory uses and structures in residential zoning districts shall be reviewed by the Director and approved in accordance to the criteria in Section 18. 139.050. 1. Private Garages; 2. Children' s Playhouses; 3 . Sheds; 4. Kennels For Domestic Animals; 5. Gazebos; and 6. Radio And Television Receiving Antenna Towers and Dishes; J 7. Greenhouses ev/ B. The following types of accessory uses in residential zoning districts shall be reviewed and approved by the Director in accordance to the criteria in Section 18. 139.050. 1 . Shops For Nonbusiness Purposes; 2. Rarns; 3 . Wind Generating Devices; and 4. Accessory Dwelling Units. 5. Solar Energy Systems (Includes solar collectors, storage facilities and distribution components. C. Accessory uses and structures necessarily and customarily associated with, but subordinate to the principal, commercial, g or industrial uses shall be permitted outright where the ° principal uses are permitted in accordance with the standard of the applicable zoning district and Chapter 18. 120. (SITE DEVELOPMENT REVIEW) f D. A single family unit or a single manufactured/mobile home shall be permitted outright in an industrial zoning district provided that the uses are limited to the follov ' 9: 1 . Caretaker or Superintendent. On a lot or building site with a permitted industrial use, and occupied exclusively ' by a caretaker or superintendent of such industrial use and his family; or 1 - 281 2. Kennel Owner or Operator. On a lot or building site with a kennel, and occupied exclusively by the owner or operator thereof and his family. 18. 139.030 Administration and Approval Process A. The applicant of an accessory use or structure proposal shall be the recorded owner of the property or an agent authorized in writing by the owner. B. A Pre-Application Conference with City staff is required. See Section 18.32.030. C. Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the Pre-Application Conference is valid for nor more than 6 months. 1. Another Pre-Application Conference is required if any accessory use or structure application is submitted 6 months after the Pre-Application Conference. 3 - 2. Failure of the Director to provide any of the information required by this Chapter shall not constitute a waive of the standard, criteria or requirements of the applications. D. The Director shall approve, approve with conditions or deny any application for an accessory use or structure. The Director shall apply the standards set forth in Section 18. 139.050 of this Code when reviewing an application for a variance. E. The decision of the Director may be appealed in accordance with Section 18.32.260(A). 1. The applicant may request a hearing before the Commission if the action of the Director is to deny or to approve with conditions. 2. Any persons or group of persons whose interests are adversely affected by this action may appeal the decision to the Commission if the action of the Director' s decision is to approve or approve with conditions the application. F. The Director shall mail notice of any accessory use or structure proposal decision to the following persons who may have the right to request a hearing before the Commission in accordance with Section 18.32.240. 1. All property owners of record within 100 feet of the property which is the subject of the application; and 2. The Chairpersons of an official recognized Neighborhood Planning Organization, if the property which is the subject of the application lies wholly or partially within the boundaries of such organization. 282 - A F 18. 139.040 Expiration of Approval— Standards for Extension of Time A. The accessory use or structure approval by the Director shall lapse if: i 1. Substantial construction of the approved accessory use or structure plan has not begun within one year period; or 2. Construction on the site is a departure from the approved plan. B. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed 6 months provided that: 1. No changes are made on the original accessory use or structure plan as approved by the Director; 2. The applicant can show intent of initiating construction of the site within the six—month extension period; and 3. There have been no changes in the applicable policies and ordinance provisions on which the approval was based. e 18. 139.050 Approval Criteria r A. Accessory uses shall comply with all requirements for the z principal use, except where specifically modified ;,y this Code. B. Accessory structures or buildings shall comply with all requirements for the principal structure, except where specifically modified by this Code. E , C. If an application proposed for an accessory use or structure meets the following criteria, the Director shall approve the k application proposal. i' 1. Any accessory building shall have no more than 300 square feet of ground floor area, except garages shall not axraad f 500 square feet of ground floor area and barns shall notjel exceed 1,000 square feet of ground floo—r—ares; 2. No accessory building or structure shall be allowed in any required front yard or that portion of a side yard which abuts a front yard; E t 3. No detached accessory building or structure over 3 feet in height, excluding fences and railings, shall be located r` within 3 feet of the principal building or other accessory i building; 4. No accessory building or structure over 3 feet in height, g. excluding fences and railings, shall be located closer than 3 feet to any side or rear property line; — 283 — f 5. All freestanding and detached towers, antennas, winding { generating devices and TV receiving dishes shall have setbacks equal to or greater than the height of the f proposed structure. b 6. Distance of any guy anchorage or similar device shall be at least 10 feet from any property line. 7. Suitable protective anti—climb fencing and a landscape planting screen, in accordance with Chapter 18.106 (LANDSCAPING AND SCREENING), shall be provided and maintained around the structure and accessory attachments. 8. The applicant shall present documentation of the possession R of any required license by any federal, state, or local 3 Y agency. 9. Only one such structure exceeding —the zoning district . height limitations shall exist at any one time on any residentially zoned and used lot or parcel. 10. Any accessory building or structure attached to the F principal building or structure must comply with all setbacks of the zoning district. (Attached means wall—to—wall or any permanent roof attachment such as breezeways); il . No accessory building or structure shall encroach upon or interfere with the use of any adjoining property or public right—of—way including but not limited to streets, alleys, and public or private easements; ' y 12. An accessory structures in a side or rear yard shall not exceed 10 feet in height (See Chapter 18.105 BUILDING h: HEIGHT LIMITATION, EXCEPTIONS) nor occupy more than 25 percent of the required yard area. 13 . No barn shall be constructed on a lot smaller than two and L/,/ a half acres. ��/// ' 14. All accessory structures shall be built in accordance with the Uniform Building Code. B. Accessory uses or structures which are nonconforming are subject to the requirements of Chapter 18.132 (NONCONFORMING ; SITUATIONS), where an alteration, extension, reconstruction, or alteration is requested. C. In theses instances where an alteration, extension, or reconstruction is requested, the applicant shall apply for an accessory use in accordance with Section 18.132.040. D. A conflict of interpretation concerning whether a structure is ( an accessory structure shall be resolved in accordance with the `. provisions of Section 18.32.060 of this Code. — 284 — 18.135.060 Application Submission Requirements A. All applications shall be made on forms provided by the Director and shall be accompanied by: 1. Three copies for review by the Director of site plan(s) and e necessary data or narrative which explains how the accessory use or structure proposal conforms to the standards: a. Sheet size for an accessory use or structure site plan(s) and required drawings shall be drawn on sheets not exceed 18" x 24"; and b. The scale of the site plan shall be 20, 50, 100 or 200 _ feet to the inch. C. All drawings s of structure elevations shall be a standard architectural scale, being 1/4" or 1/8". 2. A list, certified by the Washington County Tax Assessor's Office of the names and addresses of all who are property owners of record within 250 feet of the site. 3. The required fee. B. The proposed accessory use or structure site pian shall include l the following information: 1. The location of all existing and proposed structures on the site and directly abutting the site and their orientation; 2. The locations of existing and proposed utility lines; and 3. The location of any streets abutting the site. 3 fi)6 w; 4. The location of any accessway to the proposed structure. 5. The size (square footage) of the accessory use or structure. 6. R copy of all existing and proposed restrictions or covenants. C. The proposed accessory structure architectural plans shall include the following information: 1. At least two elevations of any proposed structure; and 2. If a building permit is required, all structural drawings and data required by the Uniform Building Code. 285 — 18. 140 FLEXIBLE SETBACK STANDARDS FOR DEVELOPED LOTS 18. 140.010 Purpose The purpose of this Chapter is to Provide for the reduction of the front, rear and corner side yard setback area where such a reduction is necessary to enlarge or remodel an existing single family residential dwelling. 18. 140.020 Applicability The provisions of this Chapter shall apply to the R-3.5, R-4.5 and R-7 zoning districts. 18.140.030 Administration and Approval, Process A• The applicant for flexible setback shall be the recorded owner of the property or an agent authorized in writing by the owner. B• A Pre-Application Conference with City staff is required. See Section 18.32.030. C• Due to possible changes in State statutes, or regional or local Policy, information given by staff to the applicant during the Pre-Application Conference is valid for not more than 6 months. 1. Another Pre-Application Conference is required if any flexible setback application is submitted 6 months after the Pre-Application Conference. 2. Failure of the Director to provide any of the information required by this Chapter shall not constitute a waiver of the standard, criteria or requirements of the application. D• The Director shall approve, approve with conditions or deny any application for flexible setback. The Director shall apply the standards set forth in Section 18.140.050 of this Chapter when reviewing an application for a variance. E• The decision of the Director may be appealed in accordance with Section 18.32.260 (A). 1. The applicant may request a hearing before the Commission 1 if the action of the Director is to deny or to approve with conditions. 2. Any persons or group of persons whose interests are adversely affected by this action may appeal the decision to the Commission if the action of the Director's decision is to approve or approve with conditions the application. F• The Director shall mail notice of any flexible setback decision i to the following persons who may have the right to request a hearing before the Commission in accordance with Section 18.32.220. 286 - k 1. All property owners of record within 100 feet of the property which is the subject of the application; and c 2. The Chairpersons of an official recognized Neighborhood Planning Organization, if the property which is the subject of the application lies wholly or partially within the boundaries of such organization. e 18.140.040 Ex iration of Approval — Standards for Extension of Time A. Approval of flexible setback shall be void after one year unless: . 1. Substantial construction of the approve plan has begun within one year period; or t 2. Construction on the site is a departure from the approve , plan. g, The Director shall, upon written request by the applicant and ant an extension of the approval payment of the required fee, gr period not to exceed 6 months provided that: 1. No changes are made on the original flexible setback plan as approved by the Director: 2. The applicant can show intent of initiating construction of the site within the six—month extension period; and r 3. There have been no changes in the applicable policies and ordinance provisions on which the approval was based. F i 18.140.050 Approval Criteria 'r A. The front, rear or corner side yard setback areas may be reduced to 15 feet provided the following standards are satisfied: 1. The reduction of the setback area established by the applicable zoning district shall be necessary to allow for the enlargement or remodeling of an existing single family residential dwelling; 2. The garage shall satisfy the setback requirements of the applicable zoning district; 3. The standards of Chapter 18.109 (VISUAL CLEARANCE) shall be satisfied; 4. The maximum lot coverage shall not exceed 50% of the lot area; and 5. The rear property line shall be landscaped with sight obscuring plantings in accordance with the standards set forth in 18.106 (LANDSCAPING AND SCREENING) . t 287 — ' 18.140.050 Application Submission Requirements A. All applications shall be made on forms provided by the Director and shall be accompanied by: 1. Three copies of the flexible setback plan(s) and necessary data or narrative which explains how the development conforms to the standards. : a. The site plan(s) drawings shall be drawn on sheets not exceeding 18" x 24". b. The scale shall be 20, 50 100 or 200 feet to the inch. C. All drawings of structure elevations shall be a standard architectural scale, being 1/4" or 1/811. 2. A list, certified by the Washington County Tax Assessor's Office of the names and addresses of all persons who are property owners of record within 100 feet of the site. The required fee. B. f application for flexible setback may be made at the time application is made for a building permit approval. 1. An application made as part of the building permit process shall not require additional plans or site drawing. 2. An application not made as part of the building permit process shall include: a. A site plan in accordance with 18.140.070 below; and b. A copy of all existing and proposed restrictions or covenants. 18.140.070 The Site Plan A. The proposed flexible setback plan shall include the following information: 1. The proposed site and surrounding properties; 2. The location, dimensions and names of all existing streets; 3. The location and dimension of above ground utilities; 4. The location, dimensions and setback distances of all: a. Existing structures, improvements and utilities which are located within 25 feet of the sites and are on adjoining property; and �. b. Proposed structures, improvements, landscaping and utilities on the site. — 288 — 18. 141 ZERO LOT LIME SETBACK STANDARDS 18. 141.010 Purpose The purpose of this Chapter is to allow for the maximum use of land and to allow for a varied building layout pattern while assuring there will be adequate open space, light and air, and adequate distance between buildings for safety purposes. 18.141-020 Applicability, and Limitations A. The provisions of this Chapter shall apply to the R-4.5 and R-7 zoning districts and shall be limited to single family detached dwelling units. B. The provisions of this Chapter shall be applied in conjunction with: 1. An application for planned development approval under the provisions of Chapter 18.80 (PLANNED DEVELOPMENT); or 2. An application for subdivision approval under the provisions of Chapter 18. 150 (SITE DEVELOPMENT REVIEW) . 18. 141.030 Approval Criteria and Conditions A. The Approval Authority shall approve, approve with conditions or deny an application for a zero lot line development based on findings that: 1. There shall be a 10 feet separation between each residential dwelling structure or garage; 2. No residential dwelling shall be placed on a lot line which is common to a lot line which is not a part of the overall development; 3. No restriction shall be placed on a lot line which is common to a public or private road right—of-way or easement line; 4. A five—foot non—exclusive maintenance easement shall be delineated on the plan for each lot having a zero setback area. a. This easement shall be on the adjacent lot and shall describe the maintenance requirements for the zero lot line wall or deed restrictions must be submitted with the preliminary plat which address the maintenance requirements for the zero setback wall of the detached dwellings. b. The easement shall be recorded with Washington County and submitted to the City with the recorded final plat prior to the issuance of any building permits within the development. 289 — B. The Approval Authority shall require the following conditions to be satisfied: 1. Deed restriction shall be recorded with Washington County which assure that: a. The 10 feet separation between the residential structures shall remain in perpetuity; b. The 10 feet separation between the residential structures shall be maintained free from any obstructions other than: (1) The eaves of the structure; (2) A chimney which may encroach into the setback area by not more than 2 feet; (3) A swimming pool; (4) Normal landscaping; or (5) A garden wall or fence equipped with a gate for emergency access and maintenance purposes; and 2. Easements shall be granted where any portion of the structure or architectural feature projects over a property line. 3 . The maximum lot coverage for zero—lot line shall not exceed ` 50%. 18. 141 .040 Application Submission Requirements A. All applications shall be made on forms provided by the Director in conjunction with a Planned Development (Chapter 18.80) or subdivision preliminary plat (Chapter 18.150) application, and shall be accompanied by: 1. Fifteen copies of the plat plan indicating building and easement location and dimensions, and necessary data or narrative which explains how the development conforms to he standards; and 2. The required fee. 3 . All other requirements of Chapters 18.80 and 18.150 shall apply. 290 — 18.142 TREE REMOVAL � 18.142.010 Purpose� s A. The City of Tigard is now benefited by large numbers of trees, both natural growth and those which have been planted throughout the years by Tigard's residents. These varied wooded trees add to the aesthetic beauty of the community; help clean the air and provide noise barriers. s 4 B. The purpose of this Chapter is to prohibit the unnecessary & removal of trees on undeveloped lots in the City prior to the development of those lots. At the time of development it may be necessary to remove certain trees to accommodate structures, streets, utilities, and other needed or required improvements within the development. 18.142.020 Permit Required/Applicability_ A. This provision shall apply to all undeveloped land, and developed commercial and industrial land. B. This provision excludes: 1. Developed residential areas; and 2. Property registered with Washington County Small Woodlands Association and certified as a West Coast tree farm by the Industrial Forestry Association, and used for commercial log harvesting or Christmas trees. z C. No person shall cut a tree(s) upon private or public property without first obtaining a permit from the City. D. For the purpose of this Chapter, tree removal shall not include tree topping and pruning under power and utility lines, or pruning of trees located with visual clearance areas as defined in Chapter 18.109. 18.142.030 Criteria for Insurance of Permits A. The following criteria shall be used by the Director or designee for the issuance or nonissuance of a tree cutting permit: 1 . The trees are diseased and there is a danger the trees may fall on existing or proposal structures or interfere with utility services or traffic safety; or 2. There is a necessity to remove certain trees in order to construct proposed improvements or to otherwise utilize the applicant's property in a reasonable manner; or 3. There is a need to retain the tree(s) due to the topography f of the land and the effect of tree removal on erosion, soil t.� retention, stability of earth, flow of surface waters; or i . 291 — ' a 4. There is a need to retain the tree(s) to protection of nearby trees, windbreaks, and a desirable balance between f shade and open space. _5. The aesthetic character in the area; will -root be visually adversely affected by the tree removal; or 6. The applicant' s proposals, if any, to plant new trees or vegetation as a substitute for the tree(s) to be cut will restore the aesthetic valve of the removed trees. 18. 142.040 Emergencies — Authority A. In the event of emergency conditions requiring the immediate cutting or removal of trees in order to avoid danger or hazard to persons or property, an emergency permit will be issued, without fee, by the Director or designee. During nonbusiness hours shall be the on—duty officer in the police department. B. The Director may cause any trees, shrubs, plants or vegetation in or upon any parking strip, street right—of-quay or other public place in the City to be trimmed, pruned, or removed and said trimming, pruning or removal may be done by anyone designated to do so by the Director or designee. 18. 142.050 Application Submission Requirements A• All applications shall be made on forms provided by the Director and shall be accompanied by: 1. One copy of the necessary data or narrative. 2. The required fee. B• The necessary data or narrative shall include: 1. The specific location of the property by address and Assessor Map number and tax lot; 2. The number, size, species, and locations of the trees to be cut; 3 . The time and method of cutting or removal and the reason for the tree removal; 4. Information concerning any proposed landscaping or planting of new trees to replace the cut trees; C. The Director may waive any of the requirements in subsection (B) above or request additional information in accordance with Section 18.32.050. 292 — 18.150 LAND DIVISION — SUBDIVISION 18 150.010 Purpose A. The purpose of this Chapter is: 1. To implement the Comprehensive Plan; 2. To provide rules, regulations and standards governing the approval of plats of subdivisions; 3. To carry out the development pattern and plan of the City; 4. To promote the public health, safety and general welfare; 5. To lessen congestion in the streets, secure safety from fire, flood, pollution and other dangers; 6. To provide adequate light and air, prevent overcrowding of land, and facilitate adequate provision for transportation, water supply, sewage, and drainage; and 7. To encourage the conservation of energy resources. 18.150.015 General Provisions A. Application for a subdivision shall be processed through a two (2) step process: the preliminary plat and the final plat. 1. The preliminary plat shall be approved by the Commission ` before the final plat can be submitted for approval consideration. 2. The final plat shall reflect all conditions of approval of the preliminary plat. B. All subdivision proposals shall be in conformity with all state regulations set forth in ORS Chapter 92 "Subdivisions and Partitions." C. In subdividing tracts into large lots, the Commission shall require that the lots be of such size and shape to facilitate future redivision in accordance with the requirements of the zoning district and this Code. D. Temporary sales offices in conjunction with any subdivision may be granted as set forth in Chapter 18 . 137. 18. 150.02 ) Administration and Approval Process A. The applicant of a preliminary plat proposal shall be the recorded owner of the property or an agent authorized in writing by the owner. 293 — B A Pre—Application Conference with City staff shall be required. See Section 18.32.030, however, failure of the Director to provide any of the information required by this Section shall not constitute a waiver of the standard, criteria or ! requirements of the applications. c C. Another Pre—Application Conference is required if any preliminar application is submitted more than & months after th initial re—Application Conference. D. Upon receipt of an application, the Director shall review it for compliance with the requirements set forth in Section 18.150.050 (APPROVAL STANDARDS); and 1. If a land division application is incomplete, the Director shall notify the applicant in writing of the exact information which is missing within 30 days of receipt of the application; 2. The applicant shall be allowed to submit the missing information and upon submission of the missing information, the application shall be deemed complete; 3. The applicant may refuse to submit the missing information in which case the application shall be deemed incomplete and withdrawn on the 31st day after the initial submittal of the application. E. Final action, including the resolution of all appeals and review on the land division application, shall be taken within 120 days after the application is deemed complete, and the Director shall: 1. Schedule a public hearing to be held by the Commission within 45 days from the time the complete application is filed and shall provide a notice of the hearing in accordance with the provisions of Section 18.32.080; 2. Furnish two copies of the proposed preliminary plat to the City Engineering Division; 3. Furnish one copy of the preliminary plat and supplemental material to: a. The County Surveyor; and b. The Oregon Department of Transportation (ODOT), if the proposed subdivision is adjacent to a state highway and access to the state highway is desired by the applicant (These agencies will be given at least five days to review the plan, suggest revisions and return the plans to the City. ); and 4. Incorporate all staff recommendations into a report to the ( Commission. — 294 — E. The Director shall mail notice of the preliminary plat proposal to persons who have the right to notice in accordance with Section 18.32.080 as follows: 1. All property owners of record within 250 feet of the property which is the subject of the application; and 2. The Chairpersons of an officially recognized Neighborhood Planning Organization, if the property which is the subject of the application lies wholly or partially within the boundaries of such organization. G. The Commission shall approve, approve with conditions or deny any application for preliminary plat. The Commission shall apply the standards set forth in Section 18.150.050 of this Code when reviewing an application for a subdivision. H. The decision of the Commission may be appealed in accordance with Section 18.32.260 (8). 1. The applicant may request an appeal hearing before the Council if the action of the Commission is to deny or to approve with conditions. 2. Any persons or group of persons whose interests are adversely af?ected by the Commission's action may appeal the decision to the Council. 18.150.030 Expiration of Approval — Standards for Extension of Time A. The preliminary plat approval by the Commission shall lapse if: 1. A final plat has not been submitted within one year period; or 2. The final plat does not conform to preliminary plat as approved or approved with conditions. B. The Commission shall, upon written request by the applicant and payment of the required fee, grant one extension 'of the approval period not to exceed 6 months provided that: 1. No changes are made on the original preliminary plat plan as approved by the Commission; 2. The applicant has expressed written intent of submitting a final plat within the six—month extension period; 3. There have been no changes in the applicable policies and ordinance provisions on which the approval was based; and 4. An extension of time will not preclude the development of abutting properties. — 295 — 18. 150.040 Phased Development �`- A: The Commission shall approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than 2 years without reapplying for a preliminary plat. B. The criteria for approving a phased site development review proposal are: 1. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to assure provision of public facilities prior to building occupancy; 2. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. a. For purposes of this Section, a temporary public facility is an interim facility not constructed to the applicable City or district standard. 3. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. 18.150.050 Approval Standards — Preliminary Plat A. The Commission may approve, approve with conditions or deny a preliminary plat based on the following approval criteria: 1. The proposed preliminary plat complies with the City's Comprehensive Plan, the applicable zoning ordinance and other applicable ordinances and regulations; 2. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS 92.090(l); 3. The streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern; 4. An explanation has been provided for all common improvements. B. The Commission may attach such conditions as are necessary to carryout the comprehensive plan and other applicable ordinances and regulations and may require: 1. Reserve strips be granted to the City for the purpose of controlling access to adjoining undeveloped properties. 296 — 18. 150.060 Application Submission Requirements — Preliminary Plat ;F A. All applications shall be made on forms provided by the Director and shall be accompanied by: 1. Fifteen copies of the preliminary plat map and required data or narrative. 2. A list, certified by the Washington County Tax Assessor's Office of the names and addresses of all persons who are property owners of record within 250 feet of the site. 3. The required fee. S. The preliminary plat map and data or narrative shall include the following: 1. Sheet size for the preliminary plat shall not exceed 18" x 24"; 2. The scale shall be 30, 50, 100 or 200 feet to the inch, and limited to one phase per sheet; 3. The proposed name of the subdivision. The name shall comply with ORS 92.090 (1) and shall not duplicate or resemble the name of any other subdivision in the County,, unless the land platted is contiguous to and platted by the same party that platted the subdivision bearing that na,-iiia or unless the applicant files and records the consent of the party that platted the subdivision bearing that name. 4. Vicinity map showing the general location of the subject property in relationship to arterial and collector streets; 5. dames, addresses and telephone numbers of the owner, developer, engineer, surveyor, designer, as applicable; 6. The date of application; 7. The Assessor's Map and tax lot number- and a legal description sufficient to define the location and boundaries of the proposed subdivision; 8. The boundary lines of the tract to be subdivided; 9. The names of adjacent subdivisions or the names of recorded owners of adjoining parcels of unsubdivided land; 10. Contour lines related to a City established benchmark at 2—foot intervals for grades 0-107 and 5—foot intervals for grades over 10%; 11 . The purpose, location, type and size of all the following ( (within and adjacent to the proposed subdivision) existing and proposed: — 297 — a. Public and private rights-of-way and easements. b. Public and private sanitary and storm sewer lines, domestic water mains including fire hydrants, gas mains, major power (50,000 volts or better) telephone transmission lines and watercourses. C. Deed reservations for parks, openspace, pathways, and any other land encumbrance. 12. Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated and plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants. 13. Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision. 14. Scaled cross-sections of proposed street rights-of-+►jay; 15. The location of all areas subject to inundation or storm water overflow, and the location, width and direction of flow of all watercourses and drainage ways; 16. The proposed lot configurations, approximate lot dimensions and lot numbers. !There lots are to be used for purposes other than residential, it shall be indicated upon such lots. Each lot shall abut upon a public street; 17. The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level, and the location of proposed tree plantings, if any; 18. The existing uses of the property, including the location of all structures and the present uses of the structures, and a statement of which structures are to remain after platting; and, 19. Supplemental information including: proposed deed restrictions, if any, proof of property ownership, a proposed plan for provision of subdivision improvements. 20. Existing natural features including rock outcroppings, wetlands and marsh areas. C. If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application. 18. 150.070 Additional Information Required and Waiver of Requirements A. The Director may require information in addition to that required by this Chapter in accordance with Section 18.32.055 (A) . 298 - r 8, The Director may waive a specific requirement for information in accordance with Section 18.32.055 (8) and (C) . 18.150.080 Variances Authorized a Variances to the subdivisi tions prescribed by this Code may be authorized by the earings Officer and application shall be made with a preliminary p a a p kation in accordance with Section 18.150.060. r 18.150,090 Referrals The Director shall transmit copies of the application for variance to staff for review. 18 150.100 Appeal The _ rings�ein cer' action on an application for an Variance may be appea accordance with Section 18.32.260 i i 18.150.110 Criteria for Granting a Variance 4 A. The =earingoffice shall consider the application for an t Variance at a same meeting at which it considers the preliminary plat. a 8, A variance ma - d, approved with conditions or denied provided th earings Officer finds: F 1. There are special circumstances or conditions affecting the property which are unusual and peculiar to . the land as compared to other lands similarly situated; 2. The variance is necessary for the proper design or function r of the subdivision; 3. The granting of the variance will not be detrimental to the public health, safety and welfare or injurious to the rights of other owners of property; and r: 4. The variance is necessary for the preservation and enjoyment of a substantial property right because of an E extraordinary hardship which would result from strict compliance with the regulations of this ordinance. 18. 1 120 Variance Application A. Application for an variance shall be made on forms provided by the Director. i B. The applicant shall state fully the reasons for the application, the supporting facts, and any other data pertinent to the r findings prerequisite to the granting of a Variance prescribed in Section 18.150.110. P — 299 — i� E 18.150.130 A lication Submission Requirements — Final Plat A. Unless otherwise provided in Section 18.150,> 8.15 .0.15, the applicant ' shall submit: 1. A final plat and 5 paper copies to the Director within one year which complies with the approved preliminary plat; 2. The required fee. 18 150.140 City Review of Final Plat — Approval Criteria A. The Director and the Public Works Director shall review the final plat and shall approve or deny the final plat approval based on findings that: 1. The final plat complies with the plat approved by the Commission and all conditions of approval have been satisfied; 2. The streets and roads for public use are dedicated without reservation or restriction other than revisionary rights upon vacation of any such street or road and easements for public utilities; 3. Streets and roads held for private use and indicated on the tentative plan of such subdivision have been approved by _ the City; 4. The plat contains a donation to the public of all common improvements, including but not limited to streets, roads, parks, sewage disposal and water supply systems; 5. An explanation is included which explains all of the common improvements required as conditions of approval and are in recordable form and have been recorded and referenced on the plat. 6. The plat complies with the applicable zoning ordinance and other applicable ordinances and regulations. - 7. A certification by the Tigard Water District that water will be available to the lot line of each and every lot depicted on the proposed plat or bond, contract or other assurance by the subdivider to the City that a domestic water system will be installed by or on behalf of the subdivider to the lot lane of each and every lot depicted on the proposed plat. The amount of the bond, contract or other assurance by the subdivider shall be determined by a registered professional engineer, subject to any change in amount as determined necessary by the City. l 300 — 8. A certificate by the ity's Engineering Divisio that a sewage disposal system I J. Be a aT4 line of each and every lot depicted in the proposed plat; 9. Copies of signed deeds have been submitted ranting the City reserve strip as provided by Section 18. 150.050; 10. The final plat shall be made in black India ink, upon material that is 18 inches by 24 inches in size, that is suitable for binding and copying purposes, and that has characteristics of strength and permanency. 11. The plat shall be at such a scale, and the lettering of the approvals, the dedication, and affidavit of the surveyor, shall be of such a size and type as will be clearly legible, but no part shall come nearer any edge of the sheet than one inch. 12. If there is more than one sheet, a face sheet and index has been provided. 13. The plat contains a surveyor's affidavit by the surveyor who surveyed the land represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS 92.060 and indicating the initial point of the survey, and giving the dimensions and kind of such monument, and its reference to some corner established by the U.S. survey or giving two or more objects for identifying its location. Y 18.150.160 Monumentation, Basis of Bearing Requirements and Acceptance of Improvements A. Monumentation 1. In accordance with ORS 92.060 subsection (2), the centerlines of all street and roadway right-of-ways shall be monumented before the City shall accept a street improvement. 2. All centerline monuments shall be placed in a monument box conforming to City standards, and the top of all monument boxes shall be set at design finish grade of said street or roadway. 3 . The following centerline monuments shall be set: a. All centerline--centerline intersections. Intersections created with "collector" or other existing streets, shall be set when the centerline alignment of said "collector" or other street has been established by or for the City; b. Center of all cul-de-sacs; - 301 - C. Curve points. Point of intersection (P.I.) when their position falls inside the limits of the pavement otherwise beginning and ending points (B.C. and E.C. ) . B. Basis of Bearing 1. The plat shall be tied to a City of Tigard "Primary" or "Secondary" control station if one exists within 1000 feet of the plat and the bearings oriented thereon. 2. Tigard Grid coordinates for all established boundary points on the plat shall be submitted to the City within 15 days of recording. 16&2z� 18.150.170 Improvement Agreement A. Before Commission approval is certified on the final plat, and before approved construction plans are issued by the City, the subdivider shall: 1. Execute and file an agreement with the City Council specifyir:g the period within which all required improvements and repairs shall be completed; and 2. Include• in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.150.180 Bond — Cash Deposit A. As required by 18.15 .170 he subdivider shall file with the agreement, an assurans, of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. B. The assurance of performance shall be for a sum determined by the City Engineer as required to cover the cost of the improvements and repairs, including related engineering and incidental expenses. 302 — C. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, ( to assist the City Engineer in calculating the amount of the performance assurance. D. In the event the subdivider fails to carry out all provisions of the agreement and the City has unreimbursed costs or expenses resulting from such failure, the City shall call on the bond, cash deposit or letter of credit for reimbursement. E. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.150-190 Filing and Recording A. Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92 and 18.150.200. g, Upon final recording with the County, the applicant shall submit to the City a Mylar Copy of the recorded final plat. 18.150.200 Prerequisites to Recording the Plat 1. No plat shall be recorded unless all ad valorem taxes and all special assessments, fees or other charges required by law to be placed on the tax roll have been paid in the manner provided by ORS 92.095. 2. No plat shall be recorded until it is approved by the county surveyor in the manner provided by ORS 92.100. 18.150.210 Vacation of Plats A. Any plat or portion thereof may be vacated by the owner of the platted area at any time prior to the sale of any lot within the platted subdivision. B. All applications for a street vacation shall be made in accordance with Sections 18. 150.020, 18. 150.030 and 18.150.060(A) of this Chapter. C. The application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets or• alleys. D. All approved plat vacations shall be recorded in accordance with Section 18.150 f this Chapter: 1 . Once recorded the vacation shall operate to eliminate the force and effect of the plat prior to vacation. i 303 — t i 2. The vacation shall also divest all public rights in the streets, alleys and public grounds, and all dedications laid out or described on the plat. E. When lots have been sold, the plat may be vacated in the manner E herein provided by all of the owners of lots within the platted t t area. 18. 150.220 Vacation of Streets All street vacations shall comply with the procedures and standards set forth in ORS Chapter 271. rLr yP. k E 304 — 18 : 152 LAND DIVISION — MAJOR AND MINOR LAND PARTITIONING 18. 152.010 Purpose The purpose of this Chapter is to provide rules, regulations and standards governing approval of major and minor land partitions. 18. 152.020 Partition Required A. A major land partition is required when a division of land (3 lots or less) creates a street or road. B. A minor land partition is required when three (3) lots or less are created without the creation of a street or road, within one ca a ar_yQar. 18.152.030 Partition Approval Criteria A. A request to partition land shall meet all of the following criteria: 1. The proposal conforms with the City's Comprehensive Plan; 2. The proposed partition complies with all statutory and ordinance requirements and regulations; 3. Adequate public facilities are available to serve the proposal; 4. All proposed lots conform to the size and dimensional requirements of this Code; and 5. All proposed improvements meet City and applicable agency standards. r,,//� 18.152.040 Administration and Approval Process Qd(�J M A. The applicant of a partition or lot line adjustment proposal shall be the recorded owner o e property or an agent authorized in writing by the owner. B. Any application for a major or minor land partition shall be in conformity with all state regulations set forth in ORS Chapter 92 "Subdivision and Partitions" . C. In partitioning tracts into large lots, the Director shall require that the lots be of such size and shape to facilitate the future re—partitioning of such lot in accordance with the requirements of the zoning district and this Code. D. The applicant shall be required to meet with the Director for a Pre—Application Conference in accordance with Section 18.32.030. 305 — 1. Another Pre—Application Conference is required if any Site Development Application is submitted more than 6 months after the Pre—Application Conference. 2. Failure of the Director to provide any of the information required by this Section shall not constitute a waiver of the standard, criteria or requirements of the applications. F. The Director shall mail notice of any partition proposal decision to the following persons who may have the right to request a hearing before the Commission in accordance with Section 18.32. 190. 1. All property owners of record within 100 feet of the property which is the subject of the application; and 2. The Chairpersons of an officially recognized Neighborhood Planning Organization, if the property which is the subject of the application lies wholly or partially within the boundaries of such organization. G. The Director shall approve, approve with conditions or deny any application for site development review. The Director shall apply the standards set forth in Section 18.152.030 of this Code when reviewing an application for a major or minor partition. N. The decision of the Director may be appealed in accordance with Section 18.32.260 (A). 1. The applicant may request an appeal hearing before the Commission if the action of the Director is to deny or to approve with conditions. 2. Any persons or group of persons whose interests are adversely affected by this action may appeal the decision to the Commission if the action of the Director's decision is to approve or approve with conditions the application. 18. 152.050 Special Provisions for Lots Created Through Partition Process A. Lot Width. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning istrict. B.. Lot Area. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. C. Lot Frontage. Each lot created through the partition process shall front a public right—of—way by at least 15 feet. D. Setbacks. Setbacks shall be as required by the applicable zoning district, except that where a partitioned lot abuts a lot in a more restrictive district, the setback requirements of the more restrictive district shall apply for those yards which have common property lines. 306 — i i i E. Front Yard Determination for Flamm Lot. When the partitioned lot is a flag lot, the developer may determine the location or the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. F. Screening on Flaq—Lots. A screen shall be provided along the M=W line of a lot of record where the paved drive in and accessway is located within 10 feet of an abutting lot in accordance with Sections 18. 106.080 and 18.106.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. G. Fire Protection. The Fire District may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. H. Reciprocal Easements. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will insure access and maintenance rights shall be recorded with the approved partition map. I, ficcessway. Any accessway shall comply with the standards set forth in Chapter 18.112 (ACCESS AND EGRESS) . 01 18.152.060 Lot Line Adjustments — A royal an Stdards ,17 A, The Director shall approve or deny a request for a lot line a justmen n writing based on the criteria stated below: 1. An additional lot is not created by the lot line adjustment and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the approved zoning for that district. 2. By reducing the lot size, the lot or structures(s) on th lot will not be inviolation ofa�hde=ssite tri deJelopment or Omeo—nl—ng distric regulation ations for th 3 . If the applicant disagrees with the decision of the Director, an appeal shall be filed in accordance with Section 18.32.260 (A) of this Code within 10 days. B. Application submission requirements for a lot line adjustment ,,gS 18.152.080 of shall comply with Sections/ `d 15 this Chapter. 4r C. The provisions of Section 18.152.040 shall also apply to lot line adjustments. 18. 152.070 Preliminaru Application Submission Re uirements A. All preliminary applications for major and minor land partitions shall be made on forms provided by the Director and shall be accompanied by: 307 — c. 1. Six copies of the preliminary partition map and necessary ¢ data or narrative; and A list, certified by the Washington County Tax Assessor's Office of the names and addresses of all who are property owners of record within 100 feet of the site. s k 3. The required fee. R: B. The preliminary partition map and necessary data or narrative shall include the following: 1. The name and address of the following: a. The owner(s) of the subject parcel; b. The owner(s) authorized agent; and C. The land surveyor and engineer. 3. The map scale, north arrow and date. 4. Sufficient description to define the location and boundaries of the proposed area to be partitioned. 5. The scale shall be 20, 50, 100 or 200 feet to the inch. 6. The locations, width and names of streets or other public ways and easements within and adjacent to the proposed partition. 7. Other important features, to include: a. The location of all permanent buildings on and within s 25 feet of all property lines; b. The location and width of all water courses; C. Any trees having a 6" caliper or greater at 4 feet above ground level; d. All slopes greater than 25%; and e. The location of existing utilities and utility easements. 8. In the case of a major land partition, the applicant shall include the proposed right-of-way location and width, and a scaled cross—section of the proposed street (to include any reserve strip). 4. Any deed restrictions that apply to the existing lot. 308 — 10. WE-tere it is evident that the subject how parcel that the urtaed her partitioned, the app licantpartition will not preclude the efficient division of land in the future. C. The sketch plan shall be as accurate as possible to ensure proper review by affected City agencies. D. Upon receipt of an application, the Director shall review it for compliance with the above requirements for submittal, Sections 19.152.070 (A) & (B). If the application is found to be incomplete, the Director shall notify the applicant of the reasons therefore and advise the licant of the requirements for an acceptable applicatio Pt E. Upon acceptance of a complete application, the Director shall then City trasmitcDepartmentopies of h of preliminary Works and partition agencies application where necessary. F. The Director shall review the proposed partition for compliance with the provisions of this Code and coordinate the review conducted by affected City agencies and applicable districts for compliance with applicable regulations. G. Following the review of the land partition by the applicable agencies, the applicant will be advised of the sta-L'qs of the proposal and of any additional information which shall b f a final land pa y required prior to the filing o o be attached to final land and shall be notified of conditions t " partition approval. H. The review of the preliminary land partition does not guarantee the applicant that the final application for a land partition will be approved nor that additional 'information or revisions will not be required by the City. 18.152.080 Final Application Submission Requirements Al 'ons for major and minor land partitions A h� e .l, R°P,N9 of line shall be made on forms provided by t LM °' °' ' xrector and shall be accompanied by - 0 1 . Six copies of the partition map and necessary data or narrative; and 2. The required fee; submitted with the preliminary application. B. The partition map and data or narrative shall include the following: 1. Sheet sizes for the final partition map shall be drawn on paper that is 8 1/2" x 11", 11" x 17" or 18" x 24" in size (if 18" x 24" then one copy must be on reduceable paper); -- 309 — 2. The scale of the map shall be 20, 50, 100 or 200 feet to the inch; 3. The name and address of the following: a. The owner(s) of the subject parcel; b. The owner(s) authorized agent; and C. The land surveyor and engineer. 4. The Assessor's map and lot number and a copy of the deed, sales contract or document containing a legal description of the land to be partitioned. 5. The map scale, north arrow and date. 6. Dimensions and legal descriptions of the parent parcel and all proposed parcels. 7. Boundary lines and names of adjacent ' partitions and subdivisions, and tract lines of abutting the site. 8. The locations, width and names of streets or other public ways and easements within and adjacent to the proposed partition. 9. Other important features, to include: a. The locations of all permanent buildings on and within 25 feet of all property lines; b. The location and width of all water courses; C. Any trees having a 6" caliper or greater at 4 feet above ground level; d. All slopes greater than 25%; and e. The location of existing utilities and utility easements. 10. In the case of a major land partition, the applicant shall include the proposed right-of-way location and width, and a scaled cross-section of the proposed street (to include any reserve strip) . 11 . Any deed restrictions that apply to the existing lot. r 12. Where it is evident that the subject parcel can be further partitioned, the applicant must show that the land partitioned will not preclude the efficient division of land in the future. -:-_ - 310 - tion Required and Waiver o 18. 152.090 Additional Informs f Requirements a _ A. The Director may require information in addition to that required by this Chapter in accordance with Section 18.32.055 (A) • B. The Director may waive a specific requirement for information in accordance with Section 18.32.055 (B) and (C). 18. 152. 100 City Council Acceptance of Dedicated Land The City Council shall accept the proposed right-of-way dedication prior to recording a major land partition. 18.152.110 Monumentation and Basis of Bearing Requirements A. ho:iumentation for all Major Partitions 1. The centerlines of all street and roadway right-of-ways shall be monumented before City acceptance of street improvements. 2. All centerline monuments shall be placed in a monument box conforming to City standards, and the top of all monument boxes shall be set at design finish grade of said street or roadway. i 3. The following centerline monuments shall be set: a. All centerline-centerline intersections. .Intersections created ' with - "collector" or other existing streets, shall be set when the centerline alignment of said "collector" or other street has been established by or for the City; b. Center of all cul-de-sacs; C. Curve points: Point of intersection (P.I. ) when their position falls inside the limits of the pavement otherwise beginning and ending points (B.C. 's and E.C. ' s) B. Basis of Bearing for all Major and Minor Partitions 1. The partition survey shall be tied to a City of Tigard "Primary" or "Secondary" control station if one exists within 1000 feet of the partition and the bearings oriented thereon. 2. Tigard Grid coordinates for all established boundary points on the partition shall be submitted to City within 15 days of recording. (Section 18.15#—. 190 B), Filing and Recording) - 311 t cf} Ct tiff[ e 18. 152.120 Recording of Partitions i. A. upon the Director's approval of the proposed partition and the E' Council's acceptance of any dedicated land . to the City. the the partition with Washington County and applicant shall record submit the recordation numbers to the City, to be incorporated into the record. B. The applicant shall submit a recorded reproducible copy of the final survey to the City within 15 days of recording. 18.152.130 Variances to Standards An application for a variance to the standards prescribed in this Chapter shall be made in accordance with Chapter 18.134 r. (VARIANCES). 4 a e t f i e i t k t n K — 312 — z i 18.156 STREET AND UTILITY IMPROVEMENT STANDARDS 18.156.010 Purpose The purpose of this Chapter is to provide construction standards for the implementation of public and private facilities and utilities such as streets, sewers and drainage. 18. 156.020 General Provisions A. Unless otherwise provided, the standard specifications for construction, reconstruction or repair of streets, sidewalks, curbs and other public improvements within the City shall occur in accordance with the standards of this Code. City Engineer may recommend B. The changes or supplements to the standard specifications consistent with the application of engineering principles. z C. No vehicles on a building construction site shall be allowed on unimproved surfaces. t- ion 7.40 of the Tigard Municipal Code shall D. The provision of Sect apply to this Chapter. t 18. 156.030 Streets A. No development shall occur unless the development has frontage s or approved access to a public street. K 1. Streets within a development and streets adjacent to, shall be improved in accordance with this Code. 2. In addition, any new street or additional street width planned as a portion of an approved street plan shall be accordance with this Code. dedicated and improved in F 3. Where the City Engineer determines that a required street improvement would not be timely, or where lack of support by the other property owners would prevent a complete street improvement, the City Engineer may accept a future f improvement guarantee in a form approved by the Public Works Director. g, Creation of Rights-of-way for Streets and Related Purposes. Rights-of-Quay shall be created through the approval of a final subdivision plat or major partition; however, chCouncil n a ldmay approve the creation of a street by acceptance eed provided that such street is deemed essential by the Council for the purpose of general traffic circulation. 1. The Council may approve the creation of a street by deed of dedication without full compliance with the regulations applicable to subdivisions or major partitions if any one or more of the following conditions are found by the Council to be present: 313 - f a. Establishment of a street is initiated by the Council and .is found to be essential for the purpose of general traffic circulation, and partitioning of subdivision of land has an incidental effect rather than being the primary objective in establishing the road or street for public use; b. The tract in which the road or street is to be dedicated in an isolated ownership of one acre or less and such dedication is recommended by the Commission to the Council based on a finding that the proposal is not an attempt to evade the provisions of this title governing the control of subdivisions or major partitions. 2. With each application for approval of a road or street right-of-way, not in full compliance with the regulations applicable t4.;.-the standards, the proposed dedication shall be made a•.-::condition of subdivision and major partition approval. a. The applicant shall submit such additional information and justification as may be necessary to enable the Commission in its review to determine whether or not a recommendation for approval by the Council shall be made; b. The recommendation, if any, shall be based upon a finding that the proposal is not in conflict with the purpose'of this Code. C. The Commission in submitting the proposal with a recommendation to he Council may attach conditions which are necessary to preserve the standards of this Code. d. All deeds of dedication shall be in form prescribed by the City and shall name "the City of Tigard, Oregon" or "the public," whichever the City may require, as grantee. C. Creation of Access Easements. The Commission may approve an access easement to be established by deed without full compliance with this Code provided such an easement is the only reasonable method by which a portion of a lot large enough to develop. 1. Access easements shall not exceed 100 feet unless approved by the Commission through the Planned Development Process. 2. Access shall be in accordance with Section 18. 112.080. - 314 - �^ D. Street Location, Width and Grade. The location, width, and grade of all streets shall conform to any approved street plan and shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets. 1. Street grades shall be approved by the Public Works director in accordance with subsection (M) . 2. Where location of a street is not shown in an approved street plan, the arrangement of streets in a development shall eithar: a. Provide for the continuation or appropriate projection of existing streets in the surrounding areas; or b. Conform to a plan adopted by the Council, if it is impractical- to conform to existing street patterns because of particular topographical or other existing conditions of the land. E. Minimum Right-of-Way and Street Widths. Unless otherwise indicated on an approved street plan, the street right-of-way and roadway widths shall not be less than the minimum width j_ described below. (See Comprehensive Plan: Transportation) where a range is indicated, the width shall be determined by the City. 1. In Developing Areas: Minimum Minimum Right-of-Way Roadway Moving Type of Street Width (feet) Width Lanes Arterial 60-90 12 feet/lane 2-4 Major Collector 60-80 44 feet 2-4 Minor Collector 60 40 feet 2-3 Local Street 50 34 feet 2 Local streets in planned 50 26 feet 2 developments only with equal off-street parking Cul-de-sac dead-end streets, 50 34 feet 2 not more than 400 feet long Turn-arounds for dead-end streets 50-foot radius 42-foot radius Alley—Residential 20 20 feet Business or industrial 20 20 feet 2. In Established Areas improvements to streets shall be made to adopted City standards or because of access design problems or setbacks to zoned uses and where it is not economically feasible to pay compensation for loss of setbacks, variances to standards shall be in the following priority order. 315 - a. Narrow or eliminate landscape strips; b. Narrow or eliminate on street parking; C. Narrow or eliminate sidewalks and/or bike trails; d. Eliminate left turn lanes; e. Narrow travel lanes. F. Future Extensions of Streets and Reserve Strips Where necessary to give access to or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed. 1. A reserve strip across the end of a dedicated street shall be deeded to the City. 2. In addition, a barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the Public Works Director, the cost of which shall be included in the street construction cost. G. Street Alignment. As far as practical, streets shall be dedicated and constructed in alignment with existing streets by continuing the . center lines thereof. In no case shall the staggering of streets making "T" intersections at collectors and arterials be designed such that jogs of less than 300 feet on such streets are created, as measured from the center line of such street. H. Intersection Angles. Streets shall be laid out so as to intersect at an angle as near to a right angle as practicable, except where topography requires a lesser angle, but in no case less than sixty degrees unless there is special intersection design. 1. Streets shall have at least 25 feet of tangent adjacent to the right-of-quay intersection unless topography requires a lesser distance. 2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet along the right-of-way lines of the acute angle. 3 . Right-of-way lines at intersection with arterial streets shall have a corner radius of not less than 20 feet. I. Existing Rights-of-Wat Whenever ist;ng _ may adjacent or wi i a tract are o less than s an-a , additional right-of-way shall be prove e a e me subdivision or development. 316 - J, Half Stree Im rovements on Existing Ri hts-of-Wa . Half street 1 -1 improvements, w i e r be approved where essential t . onable development when in conformity with the other requirements of these regulations, and when the Commission finds it will be practical to require the ement of a other half when the adjoining property is su ivide or eve lope K. Culs-de-sac. A cul-de-sac shall be as short as possible and : nail in no event be more than 400 feet long. 1. All culs-de-sac shall terminate with a circular turnaround. _ c 2. The length of the cul-de-sac shall be measured along the centerline of the roadway from the near side of the intersecting street to the farthest point of the cul-de-sac. L. Street Names. No street name shall be used which will duplicate or be confused with the names of existing streets in Washington County, except for extensions of existing streets. Street names and numbers shall conform to the established pattern in the surrounding area. . M. Grades and Curves. Grades shall not exceed 10 percent on arterials, 12 percent on collector streets, or 12 percent on any other street. 1. Centerline radii of curves shall not be less than 700 feet on arterials, -500 feet or major collectors, 350 feet on minor collectors, or 100 feet on other streets. 2. Streets intersecting with a minor collector or greater functional classification street or streets intended to be posted with a stop sign or signalization shall provide a landing averaging 5% or less. Landings are that portion of the street within 20 feet of the edge of the intersecting street at full improvement. N. Curbs Curb-Cuts, Ramps and Driveway Approaches. Concrete vertical curbs, curb-cuts, wheel-chair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this Chapter and Section 15.04.080 of the Tigard Municipal Code. 1. Concrete curbs and driveway approaches shall be required; F. except 2. Where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval. �I 3. Asphalt and concrete driveway approaches to the property line shall be built to the City configuration standards. 317 - `- O. Streets Adiacent to Railroad Right-of-Way. Wherever the proposed development contains or is adjacent to a railroad right-of-way, provision shall be made for a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land. 1. The distance shall be determined with due consideration at cross streets or the minimum distance required for approach grades and to provide sufficient depth to allow screen planting along the railroad right-of-way in non-industrial areas. i P. Access to Arterials. Where a development abuts or contains an existing or';.-proposed arterial street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design requirements shall include any of the followi ng x E 1. A parallel access street along the arterial. s� 2. Lots of suitable depth abutting the arterial to provide adequate buffering with frontage along another street. G. F= 3. Screen planting at the rear or side property line to be z contained in a nonaccess reservation along the arterial. 4. Other treatment suitable to meet the objectives of this subsection. r` Q. Alleys (Public or Private). Alleys, 20 feet in width, shall be provided in commercial and industrial districts, unless other ' permanent provisions for access to off-street parking and loading facilities are made as approved by the Commission. �c 1. While alley intersections and sharp changes in alignment shall be avoided, the corners of necessary alley intersections shall have a radius of not less than 12 feet. k r i' R. Survey Monuments. Upon completion of a street improvement and L prior to acceptance by the City, it shall be the responsibility . of the developer's registered professional land surveyor to provide certification to the City that all b-)undary and interior monuments shall be re-established and protected . S. Private Streets. Private streets are permitted within Planned Developments and Mobile Home Parks. 1. Design standards for private streets shall be established by the City Engineer. 2. The City shall require legal assurances for the continued maintenance of private streets such as: ;P 318 - . s. k t a. Bonded maintenance agreement. b. Creation of homeowners association. T. Railroad Crossings Where an adjacent development results in a need to install or improve a railroad crossing, the cost for such improvements may be a condition of development approval or other equitable means of cost distribution shall be determined by the Public Works Director and approved by the CoRn„ission. U. Street Signs. The City shall install all street signs, relative to traffic control and street names, as specified by the City Engineer for any development. The cost of signs shall be the responsibility of the developer. V. Mail Boxes. Joint mail box facilities shall be provided in all residential developments, with each joint mail box serving at least two dwelling units. 1. Joint mail box structures shall be placed adjacent to roadway curbs. 2. Proposed locations of joint mail boxes shall be designated on a copy of the preliminary plat or development plan, and shall be approved by the directorP4 prio.r to plan approval. 3. In addition, plans for the joint mail box structures to be < . used shall be submitted for approval by the Director prior to final approval. W. Traffic Signals The location of traffic signals shall be noted on approved street plans. 1. Where a proposed street intersection will result in an immediate need for a traffic signal, a signal meeting approved specifications shall be installed. The cost shall be included as a condition of development. X. Street Light Standards Street lights shall be installed in accordance with regulations adopted by the City' s direction. Y. Street Name Signs Street name signs shall be installed at all street intersections. Stop signs and other signs may be required. Z. Street Cross—Sections. The cross—section of streets in inches shall not be less than the minimum shown in the following table. 1. Type of Street Subbase Leveling Course Surface Arterial 12" 419 411 Commercial and Collectors 12" 311 411 Local Streets 6" 2" 39' 319 — 2. Subbase and leveling course shall be of select crushed rock. 3. Surface material shall be of Class "C" or "B" asphaltic concrete. 4. The final lift shall be placed on all new construction roadways prior to City final acceptance of the roadway, however, not before 90% of the structures in the new development are completed. 5. The final lift shall be Class "B" asphaltic concrete as defined by A.p.W.A. standard specification. 6. No lift shall be less than 1 1/2" in thickness. 18.156.040 Blocks A. Block Design. The length, width, and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic, and recognition of limitations and opportunities of topography. B. Sizes. Blocks shall not exceed 1200 feet in length, except blocks adjacent to arterial streets or unless the previous adjacent layout or topographical conditions justify a variation. The recommended minimum distance between intersections on arterial streets is 1800 feet. 18.156.045 Easements A. Easements. Easements for sewers, drainage, water mains, electric lines, or other public utilities shall be either dedicated or provided for in the deed restrictions. 1. Where a development is traversed by a watercourse, or drainage way, there will be provided a storm water easement or drainage right—of—way conforming substantially with the k lines of the water course, and such further width management purposes. B. Utility Easements. A property owner proposing a development shall make arrangements with the City, the applicable district and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. 1 1. The City's standard width for public main line utility easements shall be 15 feet unless otherwise specified by the utility company, applicable district, or City Engineer. 2. Where feasible utility easements shall be all on one lot. 320 - 18. 156.050 Lots A. Size and Shape. Lot size, width, shape, and orientation shall be appropriate for the location of the development and for the type of use contemplated. 1. No lot shall be dimensioned to contain part of an existing or proposed public rights-of-way. 2. The depth of all lots shall not exceed 2 1/2 times the average width. 3. Unless otherwise specified, lot sizes shall not be less than the size required by this Code. 4. Depth and width of properties reserved zoned for commercial and industrial purposes shall be adequate to provide for the off-street parking and service facilities required by the type of the use proposed. S. Lot Frontage. Each lot shall abut upon a street other than an alley for a width of at least 25 feet unless the lot is created through a Minor Land Partition in which case Section 18. 152.050 (C) shall apply. C. Through Lots. Through lots shall be avoided except where they are essential to provide separation of residential development from major traffic arterials or to overcome specific disadvantages of topography and orientation. 1. A planting buffer at least 10 feet wide shall be required abutting arterial rights-of-way. 2. All through lots provide the required front yard on each street. D. Lot Side Lines. The side lines of lots, as far as practicable, shall be at right angles to the street upon which the lots front. E. Large Lots. In dividing tracts into large lots or parcels which at some future time are likely to be redivided, the Commission may require that the lots be of such size and shape, and be so divided into building sites, and contain such site restrictions as will provide for extension and opening of streets at intervals which will permit a subsequent division of any tract into lots or parcels of smaller size. 1. The land division shall be denied if the proposed large development lot does not provide for the future division and extension of public facilities. 321 - 18. 156.060 Sidewalks. A. Sidewalks - Required. Except where exempted by the Commission, sidewalks shall be constructed, replaced or repaired to City design standards as set forth in the Standard Specifications Manual and located as follows: 1. On both sides of arterial and collector streets to be built at the time of street construction. 2. On both sides of all other streets and in pedestrian easements and rights-of-way, except as provided further in this Section, to be constructed along all portions of the property designated for pedestrian ways in conjunction with development of the property. 3. On one side of any industrial street to be constructed at the time of street construction or after determination of curb cut locations. 4. A planter strip separation of at least 5 feet between curb and sidewalk shall be required in the design of any arterial or collector street where parking is prohibited adjacent to the curb, except where the following conditions exist: inadequate right-of-way; curb side sidewalks already exist on predominant portions of the street; conflict with utilities. R. In the Central Business District sidewalks shall be 10 feet in width. 1. All sidewalks shall provide a continuous unobstructed path. 2. Width of curbside sidewalks shall be measured from the back of the curb. C. Maintenance. Maintenance of sidewalks, curbs and planter strips shall be the continuing obligation of the adjacent property owner. D. Application for Permit and Inspection. If the construction of a sidewalk is not included in a performance bond of an approved subdivision or the performance bond has lapsed, the every person, firm or corporation desiring to construct sidewalks as provided by this Chapter, shall, before entering upon the work or improvement, apply for a Street Opening Permit to the Public Works Department to so build or construct. 1 . An occupancy permit shall not be issued for a development until the provisions of this Section are satisfied. 322 - 2. The Public Works Director or designee may issue a permit and certificate allowing temporary non-compliance with the provisions of this Section to the owner, builder or contractor when, in his opinion, the construction of the sidewalk is impractical for one or more of the following reasons: a. Sidewalk grades have not and cannot be established for the property in question within a reasonable length of time; b. Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk; C. Street right-of-way is insufficient to accommodate a sidewalk on one or both sides of the street; or d. Topography or elevation of the sidewalk base area makes construction of a sidewalk impractical or economically infeasible. 3. The Public Works Director or designee shall inspect the construction of sidewalks for compliance with the provision set forth in the Standard Specifications Manual. E. Council Initiation of Construction. In the event one or more of the following situations are found by the Council to exist, the Council may adopt a resolution to initiate construction of a sidewalk in accordance with City Ordinances: 1. A safety hazard exists for children walking to or from school and sidewalks are necessary to eliminate the hazard; 2. A safety hazard exists for pedestrians walking to or from a public building, commercial area, place of assembly or other generators of pedestrian traffic, and sidewalks are necessary to eliminate the hazard; 3 . Fifty percent or more of the area in a given block has been improved by the construction of dwellings, multiple dwellings, commercial buildings or public buildings and/or parks; 4. A criteria which allowed non-compliance under subsection (E) above no longer exists and a sidewalk could be constructed in conformance with City standards . 18. 156.070 Public Use Areas A. Indicated in Development Plan—Dedication Requirements. Where proposed park, playground, other public use shown 4L n a - 323 - 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. B. Not Indicated in Development Plan—Dedication Requirements._ 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 pubic use areas, the C-)mmission 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 and other public use. C. Acquisition by Pubic Agency. If the subdivider is required_ to reserve . land area for park, playground, or other public use, .such land shall be acquired by the -appropriate public agency within 18 months following plat approval, at a price agreed upon prior to .'approval of the. plat, or .such reservation shall be released to •the subdivider. 18.156.080 Sanitary Sewers A. Sewers – Required. Sanitary sewers shall be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Standard Specification Manual and the adopted policies of the Comprehensive Plan. B. Sewer Plan Approval. The Public Works Director shall approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service. C. Oversizing. Proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. D. Permits Denied. Development permits may be restricted by the Commission or Hearings Officer where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified within the development and which if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of State or Federal standards pertaining to operation of the sewage treatment system. 18. 156.090 Storm Drainage A. Storm Drainage – General Provisions. The Director and Public Works Director shall issue a development permit only where adequate provisions for storm and flood water run–off have been made. l1. The storm water drainage system shall be separate and independent of any sanitary sewerage system. -- 324 - (- 2, Where possible, inlets shall be provided so surface water l is not carried across any intersection or allowed--to flood any street. 3, surface water drainage patterns shall be shown on every development proposal plan. t B. Easements . Where a subdivision is traversed by a water course, drainageway, channel or stream, there shall be provided a storm water easement or drainage ghco r$amend such conforming substantially as with the lines of such water will be adequate for conveyance and maintenance. C. Accommodation of Upstream Drainage. A culvert or other drainage facility shall, and in each case be large enough to, accommodate potential run-off from its entire upstream drainage area, whether inside or outside the development. i. The Public Works Director shall determine the necessary size of the facility, based on the provisions of the 1982 MASTER DRAINAGE PLAN. D. Effect on Qownstream Drainage._ Where it is anticipated by the Public Works Director that the additional run-off resulting from the development will overload an existing drainage facility, the Director shall withhold approval of the development until ti provisions have been made for improvement of said potential condition or until provision have been made for storage of additional runoff caused by the development in accordance with the 1981 MASTER DRAINAGE PLAN. 18.156.100 Bikeways A. Developments adjoining . proposed bikeways identified on the adopted Pedestrian/Bikeway Plan shall include provisions for the future extension of such bikeways through the dedication of easements or rights-of-way. B. Development permits issued for Planned Unit Developments, Conditional Use Permits, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost of bikeway improvements. C. Where possible, bikeways should be separated from other modes of travel including pedestrians. D. Minimum width for bikeways shall be 6 feet per travel lane. 18. 156.110 Utilities A. Underground Utilities. All utility lines including, but not limited to, those required for electric, communication, lighting and cable television services and related facilities shall be 325 - placed underground, except, -surface-mounted transformers, surface-mounted connection- boxes ,and-meter cabinets which-.may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at fifty thousand volts or above. 1 . The subdivider shall make all necessary arrangements with the serving utility to provide the underground services. 2. The City reserves the right to approve location of all surface mounted facilities. 3 . All underground utilities, including sanitary sewers and storm drains, installed in streets by the subdivider shall be constructed prior to the surfacing of the streets. 4. Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. B. Information on Development Plans. The applicant for a subdivision shall show on the development plan or in the explanatory information, easements for all underground utility facilities. 1 . Plans showing the location of-all underground facilities as described herein shall be submitted to the Public Works Director for review and approval. 2. Care shall be taken in all cases to ensure that above-ground equipment does not obstruct vision clearance areas for vehicular traffic. 18.156.120 Cash or Bond Required. A. All impr _vements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City Council. B. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the Public Works Director. C. The cash o shall comply with the terms and conditions of Sectio an 18. 156. 130 Monuments �_i A. Any monuments that are disturbed before all improvements are completed by the subdivider shall be replaced prior to final acceptance of the improvements. 326 - .t 18. 156. 140 Installat4on—Prerequisite—Permit Fee A. No subdivision improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements, shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. B. The permit fee is required to defray in whole or in part the cost and expenses incurred by the City for construction and other services in connection with the improvement, and such fee shall be a sum equal to 4% of the estimated cost of such subdivision improvement. 18._156. 150 Installation—Conformation Required A. In addition to other requirements, improvements installed by the subdivider, either as a requirement of these regulations or at his own option, shall conform to the requirements of this Chapter and to improvement standards and specifications followed by the City. B. The Standard Specifications for Public Works Construction — Oregon Chapter A.P.W.A. , and Unified Sewerage Agency Resolution and Order No. 71-9, shall be a part of the City's adopted installation standard(s); other standards may also be required upon recommendation of the City Engineer. 18. 156. 160 Plan Checking Required A. Work shall not begin until 9 sets of construction and construction estimate plans have been submitted and checked for adequacy and approved by the City in writing. B. All such plans shall be prepared in accordance with requirements of the City. 18. 156.170 Notice to City Required A. Work shall not begin until the City has been notified in advance. B. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18 . 156. 180 City Inspection Required t Improvements shall be constructed under the inspection and to the satisfaction of the City. The City may require changes in typical Sections and details if unusual conditions arising during construction warrant such changes in the public interest. e 18. 156. 190 Engineer's Certification Required The subdivider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship 327 — and materials are in accord with he current and standard engineering and construction practices, and are of high grade, prior to City acceptance of the subdivision' s improvements, or any portion thereof for operation and maintenance. 328 - CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 10/10/83 AGENDA ITEM k: DATE SUBMITTED: PREVIOUS ACTION: ISSUE/AGENDA TITLE: Plat Vacation Gulf Side Estates REQUESTED BY: Petition of property owners DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY • The petitioners have submitted a petition for vacation for the following reasons: "The platted but unimproved property has been rezoned from R-7 to R-15 PD and a 22 lot P.D. subdivision has received preliminary approval for the site from the Tigard Planning Commission. • One hundred percent of the property owner(s) within the plat has signed the petition. • The petition has been presented to the City Recorder and found to be sufficient. • The petitioner has been notified this matter will come before City Council on 10/10/83. • Staff Development Committee recommends Council pass resolution setting the hearing. a=aa sacaaoecce=sazazaaaas-=saa==a=acaaccc===-s...z.cac======av=ce...c..===a=caac.c ALTERNATIVES CONSIDERED 1 . If no apparent reason to deny petition,set public hearing for 7:30 P.M. , November 14, 1983. 2. Direct staff to give notice to petitioner of intent to deny petition. asaasaaac=vazaa-zaarza=aaacc:aaa==c==z�s=e=.c.===�._c rc==___=c====__=.zs acaz.a a=z=== SUGGESTED ACTION Pass Resolution setting public hearing for 7:30 P.M. , November 14, 1983. s CITY OF TIGARD. OREGON F 4 COUNCIL AGENDA YTEM SUHMARY f ¢ AGENDA ITEM AGENDA .OF: ACTION: division Compliance DATE SUBMITTED: September 22, 1983 PREVIOUS Sub Agreement and Letter of Commitment ISSUE/AGENDA TITLE: McDonald Acres were accepted in May of 1983_ Develo er and Public Placement on Maintenance Period REQUESTED BY: . Works �k. CITY ADMINISTRATOR: --- DEPARTMENT HEAD OK: INFORMATION SUMMARY McDonald Acres is now ready to be placed on its maintenance period_ All tailed except for the sidewalks, driveway public improvements have been insth ; overlay. These can be installedduring whi aprons and the 1" AC Class C problems ch one year maintenance period along with any other maintenance may arise. � ' is conditionalin to nhat all of be completedprior the pto City's aforementioned Approval of this resolution � "incompleted work" is subsequently, Yeq year from now. ir final acceptance q£ this subdivision one y :. z:ccaazcc8c---------c z--zassczs-z::ccsc�- ALTERNATIVES CONSIDERED We could refuse to release any money from his letter of commitment until all sidewalks and driveway aprons are installed. -sacs----zzzaazc cae--z-scaz s ss s s------- SUGGESTED --s-e-SUGGESTED ACTION .� ty Council allow the release The Public Works Department recommends that the Ci of this amount of $126,556.14. We are holding a Maintef-'Ince Bond in the amount of $25,311 .23. iF. � U CITY OF TIGrA September 27, 1983 WASHINGTON COUNTY,OREGON Pete Jenzen 9880 S.W. McDonald Street Tigard, OR 97223 RE: Mc Donald Acres Subdivison (Letter of Commitment Release) k. Dear Pete: In the matter of the original one hundred twentysix thousand, five hundred ' and fiftysix and 14/100 dollars ($126,556.14) Letter of Commitment between PETE JENZEN, the CITY OF TIGARD and LINCOLN SAVINGS AND LOAN: We hereby authorize the release of one hundred twentysix thousand five hundred and fiftysix and 14/100 dollars ($126,556.14) . i A Maintenance Bond in the amount of twentyfive thousand three hundred eleven and 23/100 dollars ($25,311.23) has been substituted in place of the Letter of Commitment. This notice shall not be construed to nullify or alter the terms of the afore- mentioned agreement in any way. It only authorizes the release of the monies entrusted in the Letter of Commitment. City of Tigard, Oregon a BY:- Mayor Y:Mayor BY: City Recorder 12755 S.W. ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171 `�� .-•'4 -' ��yLn� t `'cilli infill'i'i'�`S7P4fil1"i7nion`i-�'ilirl'Elin�1[`�� _ ` t� Bond No. 361150 CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That we, PETER AND CARRIE JANZEN 9910 S .W. McDONALD AVENUE TIGARD OREGON 97223 called the Principal, and SURETY INSURANCE COMPANY of CALIFORNIA, called the Surety, are held and firmly bound unto CITY OF TIGARD TIGARD OREGON 97223 r F.T. VF.N AND called the Owner, in the sum of THTRTV SFVFN Ti.O11SAND RTX HLINDRFD l� -------- ____ ------------ ----Dollars (S 37 6 11 23 ), -------- l for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has, by written Agreement, dated MAY 9 19 83 , entered 1 into a Contract with the Owner for * r r G McDONAt >> t.ynr ' " SHT::rmnnt f`nitTTTY _ OREGON y PT AT 1`iv0ttiiv A a copy of which is by reference made a part hereof; K NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall faithfully perform the Contract free and clear of all liens arising out of claims for labor and materials entering into the construction, and indemnify and save harmless the Owner from all loss, cost or damage which Owner may suffer 4 by reason of the failure so to do, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 30TH day of _ SEPTEMBER 19 83 PETER AND CARRIE JANZEN Principal C By' �-- SURETY INSURANCE CO ANY f CALIFORNIA � By: - j Attorney-in-fact 1 C ' T- r i I} 5360-06 } r Surely JnAurance Company of California "The Dollars and Sense Surety" {! ROME OFFICE IN LA HABRA, CALIFORNIA Box 2430 I�gabs,Californlm 99831 CERTIFIED COPY OF POWER OF ATTORNEY 2931 ✓Lnow aff"tett by f4ese prese»fs: That Surety Insurance Company of California, a California Corporation,hav- ing its principal Office in the City of La Habra,County of Orange, State of California, pursuant to the following By-Laws which were adopted by the Directors of the said Company on the 9th day of April, 1969 and are now in effect, to-wit: "Article IV, Section 7(b). The President shall have power and authority to appoint Attorneys-In-Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity,and other writ- ings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." Has made,constituted and appointed and by these presents does make, constitute and appoint Coraleen S. Yates Portland Ore an its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as Its act and deed. all of the following classes of documents, to wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees, official, i surety and fidelity bonds. THE AUTHORITY OF THIS POWER OF ATTORNEY IS LIMITED TO One.•Hundred_E5-hteen• Thous....................................nd no/100 Dollars ($118,000.00) ....................•..... ------_.........----•......_ FOR ANY SINGL-'= BOND. THIS POWER OF ATTORNEY IS VALID ONLY FOR A BOND OR UNDERTAK- December 31, 1983 ING EXECUTED PRIOR TO............................. • •.. ...._....................... And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected o e Company at its office in La Habra, California in their own proper persons. P Com , Surety Insurance Company of California has caused these presents to be signed by its duly ed officer, a rporate seal to be hereunto affixed this 12th January 82 day of. 1982 C P CORPORATED SURETY SURANCE COMPANY OF CALIFORNIA 1A.J. 31, 1969 N BY --•-•--- - - ---- - -•---•--•---------•---•----- ------ ...........-.... John F.Merrill President sTA 9> 1¢{ 1 j ss: 'T' COUNY OF ORANGE On thisllt day of..............Sanuary .. A.D. 19.82......, before the subscriber, a Notary Public of the State of California, in and for the County of Orange, duly commissioned and qualified, came John F. Merrill, President of SURETY INSURANCE COMPANY OF CALIFORNIA, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru= ment is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, and that Article IV, Section 7(b) of the By-Laws of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand,and affixed my Official Seal at the City of La Habra, the day and year first above written. ................................... • •••••••••••••.•..".. • OFFICIAL SEAL jlt,L WROBEL h0TAKY PUBLIC-CALIFORNIA - ..................................................... �111 YRINCiI'AL OFFICE I\ Notary Public OKAtiCE COUNTY My Comm.Expires Aug.8.1986 CERTIFICATION •....................•........••••• , I, the, und.erstgned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that the Power of Attorney remains in full force and effect, and has not been revolted; and furthermore that Article IV,Section 7(b) 13y-Laws of said company as set forth in said Power of Attorney, are now in .full force and effect. IN TESTIMONY WHEREOF,I have hereunto subscribed my name d affixed the corporate seal of the said Company 30th September 83.. G� �. this..._......-.day of.......... �...... ........................ 19........._. �/ Secretary (SEAL) Phillip R. Gilbert 560-0-4-02(Rev.12180) CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA.OF: AGENDA ITEM k: / D ' PREVIOUS ACTION: Acceptance of DATE SUBMITTED: Compliance Agreement & Bond 7/11/83. ISSUE/AGENDA TITLE: London Square II — - �. RE Placement on Maintenance Period by ESTED BY: Developer & Public Works Engineering Department Resolution ' DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY All the public improvements within London Square II have been completed except for the sidewalks, driveway aprons, and second lift of A.C. pavement. Approval of this resolution is conditional, in that all of the items of incompleted work must be completed prior to the City's final acceptance of this subdivision one year from now. ssaauasaaazsasaaazsszassza:ss:aasaazaass asasasaasaza�c======____=====rias==asssaza==s ALTERNATIVES CONSIDERED Keep it on its Performance Bond until everything is completed. K saasssaaaa acassaassssasszssszz:ss szssz:Baas a coca aaasas=sa=a=a=az=_==s s a=_=a a=_=a=_= SUGGESTED ACTION C_ Staff recommends that the City Council release the performance bond and accept this maintenance bond for the amount of $12,316.00. ` r..,. Surety 3iourance Company of California \r BOX 2430 2250 WEST WHITTIcR BOULEVARD qq LA HABRA.CALIFORNIA 90631 4 MAINTENANCE BOND Bond No----36---1---'t------36-----••--•--• t 1 a s KNOW ALL MEN BY THESE PRESENTS: x BILL PAGE CONSTRUCTION, INC . , as Principal Thatwe •--•........................••-----...--••---••--.............--.....••. , and Surety Insurance Company of California, authorized to do business in the State of _.OREGON-..---_-•................................ . as Surety, CITY OF TIGARD , TIGARD, OREGON areheld and firmly bound unto ---- - ---------------•-•--•-----•-----------------------•-----......------•--------•--•--------.....------------•........._._.... , as Obligee, TWELVE THOUSAND THREE HUNDRED SIXTEEN AND NO/100--- Dollars inthe full and just sum of ...............••----•-......---•---•••--......•---•--------••---•--••----•----••------••----•••----•---•-••------•-•••......•-----......_...---•--• •. ($12, 3 16 . 0 0 ) lawful money of the United States, for the payment of which we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS,the Principal,on or about....... UNE-----3 0 a_----1.98.3................................................................I entered into a contract - ----- s. with the Obligee for......LOND.................................................SRE II ...-•-•--.......•---.......-•--------------•--••-•------•-•----••--•-••--•-•-•---•--••-•---......----.-• ........_._ ••......................•-•---.......-.............................................................................; and f WHEREAS, the Obligee requires the Principal to furnish a maintenance bond for a period of .._..QNE............. year from and after the completion date of said contract to guarantee the correction and repair of any defective materials and/or defer- : tive workmanship used in or on said contract. NOW THEREFORE, if the Principal shall, for a period of ---DIM.................. year(s) from and after the completion darte of said contract, correct and repair any such defective materials and/or defective workmanship, then the above obligation is void; otherwise to remain in full force and effect. Signed and Sealed this...... 6th day of..........SEPTEMBER .................. ................. 1198-3 B.ILL. PAGE CONS CTION_ . ..,.....INC.. ._.. .._................ .......... ......... ............. . . . . 4 . t^ a_ •--------------------•----- SURETY INSU CE COMPANY of CALIFORNIA �., Attorney-in-Fact Premium: $ 2/k 6 0 0 3360-03 surety Jn-ourance Company o f California "The Dollars and Sense Surety" HOME OFFICE IN ILA HABRA, CALIFORNIA Box 2430 iii Hebra,Callforala 80931 CERTIFIEID COPY OF POWER OF ATTORNEY 2908 No................................... `K"ow all men 4y d ese preseNtsz That Surety Insurance Company of California, a California Corporation, hav- ing its principal Office in the City of La Habra,County of Orange, State of California, pursuant to the following By-Laws which were adopted by the Directors of the said Compa..;, en the 9tH day of April, 1969 and are now in effect, to-wit: "Article IV, Section 7(b). The President shall have power and authority to appoint Attorneys-In-Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity,and other writ- ings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." Has made, constituted and appointed and by these presents does make, constitute and appoint Kristine T. NiederPortland, Oregon Of.............•---....._.._....----....---..._......._.............._.._................................•...... its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed. all of the following classes of documents, to wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees, official, surety and fidelity bonds. THE AUTHORITY OF THIS POWER OF ATTORNEY IS LIMITED TO Four Hundred Thousand and no/100 Dollars-------($400,000.00) --- •--•.........................•-----...._------•--••--••-•--•--._--------..----.-_.--•----•---.-...---.-..---••..-----.----•---•------- FOR ANY SINGLE BOND. THIS POWER OF ATTORNEY IS VALID ONLY FOR A BOND OR UNDERTAK- ING EXECUTED PRIOR TO..................December 31 T 1983 ..........................•-r-_.............. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in La Habra, California in their own proper persons. IN .•�3 OF. Surety Insurance Company of California has caused these presents to be signed by its duly a O @mid corporate seal to be hereunto affixed this 14t.-.. H day of........December 19.82_.,_ Jt Of SURETY INSURANCE COMPANY OF OALIF'ORNIA INCORPORATED By ••••. -.. . ..... ..... .. .. . .• ................. JAN. 31, 1969 To F.Merrill N w' President ATE C CO C 4 SS: On this.......... ay of................DecemSer A.D. 19... before the subscriber, a Notary Public of the State of California, in and for the County of Orange. duly commissioned and qualified, came John F. Merrill, President of SURETY INSURANCE COMPANY OF CALIFORNIA, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru- ment is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, and that Article IV, Section 7(b) of the By-Laws of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand,and affixed my Official Seal at the City of La Habra, the day and year first above written. r : '+�' CAK( 1N,"' .I. 1SAItCtlti -•--- -•-'r ------•------.c%�. rsl�srs...r ?s!1'tr'�:'�i: e<;1,\H\ I•I'Isu('t'.41.tIUKX1A � 1'KINI'11•.41.UIFII'IIr Notary Public e -� UKgtiGI. CERTIFICATION 1 .,.,..,,,m,..,.,,r.,.,,.•."., na w„s I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that the Power of Attorney remains in full force and effect,and has not been revoked; and furthermore that Article IV,Section 7(b) By-Laws of said company as set forth in said Power of Attorney, are now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto subscribed my namaaannd affixed the corporate seal of the said Company 16 of SEPTEMBEr .../. . .��... � this.........-.. ay of................... ....._, 19.8 3:::_.. (SEAL) Secretary 56"5-02(R•v.12180) Phillip R. Gilbert •�� r � AVENUE, • r— I >E I rTNOWN ST JR t\ �I I� � � •-t i-� fgrDN I r 1 iT i-- I 3TRFET N' TT 5 W TANGEL_A 9 G I TA J i T-1 L I g\ 3 K T E IN6 STAREET� T FOWLER JR. HIGH \�` - _�\ / S• S�5 Jc \., SCHOOL s ♦ '/////_\�� s /� _ ' I E ROL !T 1 I , \ e CHARLEF. TIGARg! J L _ � _ FY♦ 1 J \ STAFET �� . J MAN• T1114 ; i J 1 ?' \ � � \ 5'V ED •E WOO� ' ; . Iul I[�'I I I Ill IEW cr ! ,V I, M E M O R A N D U M i DATE: September 23, 1983 TO: Layor and City Council FROM: Jerri L. Widner, Finance Director SUBJECT: HOUSEKEEPING ADJUSTMENTS FOR FY 1983-84 BUDGET Purpose: The purpose of this report is to outline adjustments to the fiscal year 1983-84 budget. These are housekeeping adjustments consistant with adopted policy, audited fund balances and appropriation of Contingency. Details are on the attached work sheets. REVENUES You will note that many of the operating funds have increased beginning fund balances. We are in a more positive position in the General Fund than was anticipated at the time of budget preparation, mostly as a result of three things: 1.) approximately $20,000 came from strong May and June revenues due to increased construction activity within the City; 2. ) approximately $40,000 is the result of underexpenditures by the departments from the control budget figures; and 3. ) the balance is the result of bikepath delays. The other funds with increased beginning fund balances are a result of audit revisions. The Sewer Fund, in particular, had a change in accounting for depreciation which has resulted in a $181,753 increase. The Parks SDC fund, however, was a result of delays in starting CIP projects.The Streets SDC Fund beginning balance decreased from the original adopted budget due to the recording of LID commitments.The Library received $1,600 from the State Library Grant.The net change in revenues is $337,055 more than the adopted total. EXPENDITURES The adjustments in the expenditures are consistant with the policies of the City Council for this budget. These are explained as follows: COMMUNITY SERVICES/Finance & Services: The Council passed an ordinance changing the storm drainage rates in late 1982. This policy change has caused a major work load increase for the Accounting Division that was not anticipated in the original budget proposals. The $7,000 adjustment is for part--time and overtime costs necessary for the implementation of Ordinance 82-71. Library: The State Library Grant funds are to be appropriated for book purchases. A computation error in salaries is to be corrected by the attached resolution. COMMUNITY DEVELOPMENT/Public Works: A computation error in salary is to be corrected. The Green Thumb program continuance is explained in an attached memorandum from the Public Works Director. A reduction in the Storm Drainage Capital Projects is for the transfer of monies to cover the added costs to the Accounting Division in the General Fund. Planning/Development: The Building Division has been able to keep up with the field work, since the beginning of the fiscal year, however, the paperwork in the office has been backlogged. An Office Assistant I position was approved at the September 19, 1983 by Council. A correction of a salary computation error has also been made. POLICY/ADMINISTRATION-City Administration: As of August 23, 1983, the City Council approved a new administrative agreement with the City Administrator. The new contract is reflected in the changes to the budget. City Attorney: A copy of the latest legal report is attached indicating a revision is necessary to continue this program for the fiscal year. ALL OTHER-Contingency: Appropriation of contingency is necessary to accomplish the above changes. This appropriation will amount to $34,692. ACTION REQUESTED: The attached resolution adopting adjustments to the fiscal year 1983-84 budget is for your review. It is recommended that the resolution be adopted transferring funds within appropriated amounts. JLW(0093F) BUDGET ADJUSTMENT WORK SHEET REVENUES ADOPTED ESTIMATED CHANGE NOTES: BUDGET 9/16/83 (UNFAVOR) GENERAL FUND Beginning Balance $ 66,500 $ 195,392 $128,892 $21,175 Unantici- pated revenue $41,217 Underexpend Bikepath Carryover 98,000 98,000 Bikepath delays All Other 2,323,782 2,325,382 1,600 State Library Grant Total 2,390,282 $2,618,774 228,492 Audit revision FEDERAL REVENUE SHARING Beginning Balance 5,000 4,858 (142) Audit revision All Other 113,000 113,000 Total 118,000 117,858 (142) SEWER Beginning Balance 102,500 284,253 181,753 Audit revision All Other 400,000 400,000 Total 502,500 684,253 181,753 STORM DRAINAGE Beginning Balance 57,500 92,183 34,683 Audit revision All Other 190,000 190,000 Total 247,500 282,183 34,683 STATE TAX STREET FUND Beginning Balance 59,000 72,575 13,575 Audit revision All Other 241,360 241,360 Total 300,360 313,935 13,575 COUNTY GAS TAX Beginning Balance 19,000 47,932 28,932 Audit revision All Other 80,000 80,000 Total 99,000 127,932 28,932 COUNTY ROAD LEVY Beginning Balance 568,500 589,417 20,917 Audit revision All Other 90,000 90,000 Total 658,500 679,417 20,917 STREETS SDC Beginning Balance 150,000 90,623 (59,377) LID commitments All Other 70,000 70,000 Total 220,000 160,623 (59,377) PARKS SDC Beginning Balance 33,800 89,238 55,438 Park CIP delays All Other 8,000 8,000 Total 41,800 97,238 55,438 ALL OPERATING FUNDS Total Revenues $4,577,942 $5,082,213 $504,271 ---------- ---------- -------- ---------- ---------- -------- Y k r 2 i E EXPENDITURES ADOPTED ESTIMATED CHANGE NOTES: BUDGET 9/16/83 (FAVOR) A, Ems, COMMUNITY SERVICES Police: Personal Services $1,051,048 $1,051,048 $ 0 Materials & Services 95,927 95,927 Total 1,146,975 1,146,975 $ +' Finance & Services: Personal Services 279,803 286,803 7,000 Impervious surface z Materials & Services 88,364 88,364 Capital Outlay 25,650 25,650 Total 393,817 400,817 7,000 Trsfr. SDF/CO 2.1.2 4 F: i` Municipal Court: Personal Services 31,958 31,958 Materials & Services 6,941 6,941 Total 38,899 38,899 Library: Personal Services 124,568 132,862 8,294 Computation error Materials & Services 9,620 9,620 Capital Outlay 27,000 28,600 1,600 State Library Grant Total 161, 188 171,082 9,894 GR Contingency Appr. 6 Social Services: Materials & Services 15,000 15,000 COMMUNITY DEVELOPMENT Public Works: Personal Services 593,651 600,811 7,160 GrnThmb$5660Eng$1500 Materials & Services 319,146 319,146 Capital Outlay 70,500 70,500 Capital Projects 1,012,670 1,005,670 (7,000) SDF trsfr to Acct Total 1,995,967 1,996,127 160 7160GF Cntgcy/SDF Planning/Development: Personal Services 185,782 193,305 7,523 OAI&ComputationError Materials & Services 23,905 23,905 Capital Outlay 250 250 Total 209,937 217,460 7,523 GFCntngcy Approp/BFR POLICY/ADMINISTRATION Mayor/City Council: Personal Services 14,552 14,552 Materials & Services 7,600 7,600 Total 22,152 22,152 City Administration: ( Personal Services 101,233 103,533 2,300 Administrative Agmt. Materials & Services 20,000 20,000 Capital Outlay 500 500 Total 121,733 124,033 2,300 GF Contingency Appr. s `z 1 EXPENDITURES ADOPTED ESTIMATED FAVOR)ANGE NOTES: r BUDGET 9/16/83 F t: f City Attornev: Materials & Services 58,725 66,540 7,815 July/Aug actuals $4900mo./GF Cntgcy CITYWIDE SUPPORT Personal Services 10,000 10,000 Materials & Services 221,865 221,865 Capital Projects 9,165 9,165 Total 241,030 241,030 s. a ALL OTHER Contingency 172,519 137,827 (34,692) GF Contingency Appr Unappropriated 504,271 504,271 Total 172,519 642,098 469,579 } ALL OPERATING FUNDS Total Expenditures $4,577,942 $5,082,213 $504,271 x, JLW(0084F) K 4t, t L ' r 4 yy ' F"+ E$' F�. C ( M E M O R A N D U M TO: BOB JEAN, CITY ADMINISTRATOR FROM: FRANK CURRIE, DIRECTOR OF PUBLIC WORKS DATE: SEPTEMBER 13, 1983 SUBJECT: GREEN THUMB BUDGET ADJUSTMENT The City has been authorized four Federal program Green Thumb employees. Green Thumb employees may only work 20 hours per week under Federal regulations. For every Green Thumb employee we hire, the Feds will hire one additional Green Thumb employee for us -- effectively a 50/50 relationship. Also, all your Green Thumb employees were free to the City for the first 90 days. The total obligation to the City through the end of this fiscal year will be $5,660 instead of the $2,318 we had originally estimated. We have to run continuously with the Green Thumb Program, so we can't lay-off now and rehire in the Spring. Jerry McNurlin has plenty of work through the Fall and Winter. We will have to lay-off these four part-time employees this December / and not have them for the Spring work cycle, unless the Budget is increased by $3,342. Employee #1 July-August/Fed $ . . . 86.67 Hours/Mo. x 10 = 867 Hours Employee #2 July-Sept. 15/Fed $ . . . 86.67 Hours/Mo. x 9.5 = 823 Hours Employee #3 Fed $ . . . City Hourly Cost = 0 Hours Employee #4 Fed $ . City Hourly Cost = 0 Hours Total City Hourly Cost = 1,690 Hours Hourly Rate @ $3.35/Hour Total City Cost = 5,660.00 FAC dkr C LEGAL REPORT e ' AUGUST, 1983 JULY AUGUST Y.T.D. VARIANCE BUDGET Council 1918 1291 3209 Administration 3941 4030 7971 municipal Court 412 1460 1872 Police -0- Planning & Dev. 529 266 795 Public Works 212 212 R S-T Operaions 7012 7047 14059 [Budgeted] [4900] [4900] [9800] <4259> [58725] t Civic Center 2775 784 3559 Litigation 283 60 343 S-T 10070 7891 17961 220 220 TURA - �- px [Budgeted] 12201. - 220 -0- 1000 t, Ste_ 1Q290_ __7_891- LID's 662 369 1031 : TOTAL 10952 8260 19212 i s._ (mS:pmf0087F) I .. O'®ONNSLL, SULLIVAN & R.AM15 CANDY ORRICE ATTORNEYS AT LAW 161 N.GRANT.SUITE 202 MARK P.O'DONNELL _ t EDWARD J.SULLIVANBY.OREGON 97013 BALLOW & WRIGHTWRIGI-IT BUILDING (503) 266-1149 t TIMOTHY V.RAMIS 1727 N.W.HOYT STREET KENNETH M. ELLIOTT CORINNE C.SHERTON PORTLAND.OREGON 97209 SALEM OFFICE (503) 222.4402 EQUITABLE CENTER TOWER STEPHEN F.CREW _ 530 CENTER ST.N.E..SUITE 240 STEVEN L.PFEIFFER SALEM.OREGON 97301 SUSAN K.SCHNEIDER PLEASE RFPLY TO PORTLAND OFFICE (503) 376-9191 KIRKLAND T. ROBERTS September 23, 1983 �a�i' 2 6 498'S Mr. Bob Jean, City Administrator City of Tigard P. O. Box 23397 Tigard, Oregon 97223 Dear Bob: I am writing you this brief letter to give you a narrative of the billings for the month ending September 9 , 1983. It is my hope that Tim and Adrianne Brockman will make a similar review of your billings so that you and the council may budget and plan for the use of your fiscal resources and our time. The billing includes comparatively minor matters that are relating to pending and approved local improvement districts, such as Tigardville Heights, 72nd Avenue, Killian and Maksym litigation and Stone LID payments. There is also included this month the council billing, which included attendance at three council meetings, including a special council meeting on August 29th, in lieu of the normal two council meetings. You will note that in the billing ending August 9th, I was requested to attend five council meetings during that billing period. you will also note that I made no charge for any of our activities this month relating to planning and zoning and charged you only for our costs incurred. I wrote off a significant amount of time on this billing, including the time I spent meeting with Fred Anderson at City Hall and the follow up in writing new draft conditions for the Jadco property application for a flood plain permit. I charged the actual costs of attendance at Municipal Court. Although this is higher than the budgeted amount, Municipal Court met for the first time this quarter and the costs reflect the time of preparation for and attendance at trial , as well as a disproportionate amount of time spent on the Jadco case. C Mr. Bob Jean, City Administrator September 23, 1983 Page two E 8 k The administration bill contains a number of "written off" charges which came to over $2, 000 . Some of that we had planned to absorb in making the transition from Susan to Adrianne. Nevertheless, the city benefitted by having two experienced lawyers work on issues for the transition period. The activity reported in the billing underscores my recent letter to you on the use of attorney time. I have instructed Adrianne to do everything possible to keep within budget and not to go outside the council' s 1983-84 budget without specific authorization. We will do that as well, for our own part in dealing with city F council activities. We will, in the future, keep you apprised of our efforts to keep "on budget" in the effort to provide you and the city council with the best quality legal services possible. If you care to discuss any of the matters above, please give me a call before I leave. r Best wis es, Edward J. Sullivan EJS:mc cc: Timothy V. Ramis Adrianne Brockman i M E M O R A N D U M DATE: September 21, 1983 TO: Mayor and City Council FROM: Jerri L. Widner, Finance Director SUBJECT: RESOLUTION TO IMPOSE A RETURNED CHECK FEE The City's checking account with U.S. National Bank was converted to a Money Market checking to enable the City to earn interest on its money at all times. Prior to this change, the City was not charged when checks were returned for non-payment. However, the bank now charges us for any returned checks. The current fee charged by the bank is $6.50 per item. The additional costs of accounting for these items is approximately $3.50 for staff time and materials. A resolution for your consideration has been prepared. This resolution imposes a fee of $10.00 for each returned check for non-payment. Alternatives: 1. Do nothing. 2. Impose a fee of $10.00. 3. Impose a fee of $?. Action Requested: A motion to adopt the prepared resolution imposing a $10.00 returned check fee would be appropriate. JLW:ms (0091F) r CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 1 AGENDA .OF: OCTOBER 10, 1983 AGENDA ITEM DATE SUBMITTED: SEPTEMBER 28, 1983 PREVIOUS ACTION: N/A ISSUE/AGENDA TITLE: LEAGUE OF OREGON CITIES ANNUAL CONFERENCE REGISTRATION REQUESTED BY: DORI RICKERT DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY Attached are informational sheets outlining the programs scheduled for the League of Oregon Cities Annual Conference. Please review this information and complete the attached sample Registration Form. NOTE: ®Registrations made after October 28 will be charged a $5.00 handling charge. :Training $10.00 fee will be charged for all cancellations after November 7th. :Training seminar and tour tickets are nonrefundable. :Meal tickets may be refunded only if returned at least 24 hours before the meal. is served. zzzaacaacaassaaaszs ss zszaszzssaaszsssseas:seasxazsscc==z==========aazaz===zasa z=aa ALTERNATIVES CONSIDERED azasczaaaasaz:s�azssa'zaszssasysa sas a,szzzcasssaazas ssaazaaac3ac=aa=z=.a=a====aa=c=�=c= SUGGESTED ACTION Please complete the attached sample Registration Form prior the the October 10th City Council meeting. Leave the sampl.e Registration Form with the City Recorder the night of the 10/10/83 Council meeting. Your registration will. be forwarded to the League of Oregon Cities prior to the October 28th deadline. League of Oregon Cities Annual Conference & Business Meeting November 13-15, 1983 Name Phone Title City Address Zip Spouse's Name(if attending) COMPLETE Billing Information I THIS Payment Enclosed Bill the City Pay at Conference Bill the Delegate I SAMPLE CONFERENCE REGISTRATION Price No. Amount REGISTRATION Preregistration 3 days $40.00 $ (Prior to October 28) 1 day $30.00 FORM Spouse Resistration $ 2.00 Student Registration $15.00 AND On-Site Registration 3 days $45.00 (After October 28) 1 day $35.00 LEAVE Non-member Fee $65.00 MEALS,TRAINING AND TOURS WITH SATURDAY Elected Officials $60.00 CITY RECORDER / Leadership Training Institute SUNDAY AT THE Luncheon/General Session $ 9.50 Computer Literacy:A Hands- $15.00 I OCTOBER 10th On Course in Computer Usage MONDAY COUNCIL Finance Officers Breakfast $ 5.50 Spouses' Breakfast $ 5.50 I MEETING Spouses' Bus Tour $18.75 (including lunch) Luncheon/Keynote Session $10.00 Computer Literacy:A Hands- $15.00 On Course In Computer Usage Facing the Camera/Mastering the Mike: Interview Techniques (No charge; ticket required) Session I, 1:30-3:00 pm Session II,3:00-4:30 pm City Council/Manager Re- $15.00 lations: Performing Together Effectively Annual Awards Banquet $18.50 TUESDAY i Fellowship Breakfast $ 8.00 General Luncheon/ Business Meeting $10.00 TOTAL _ Registration Change Fee $ 5.00 Cancellation Fee $10.00 NOTE:Persons making registration changes after October 28 will be charged a55.00 handling charge. A $10.00 fee will be charged for all cancellations aper November 7. Meal tickets may be refunded only if returned at least 24 hours before the meal is served.Training seminar and lour tickets are nonrefundable Participation is limited.preregistration is suggested White and Yellow-Return to League Office Pink-Delegate's Copy _ Conference Training Sessions The League has expanded its training program at the Conference this year by offering more seminars on topics important to city officials. Special interest in areas of professional and personal development has been shown by the mayor s , .councilmembers, managers, and other officials. These seminars allow participants more time to grap- ple with problems that occur in their individual roles as city officials and to examine the processes they use in dealing with these problems. Participation in most seminars is limited so there is more opportunity for individual discussion and inter- action. Although the content and focus of each seminar differs, they all stress the importance of developing our human investment in cities. Elected Officials Leadership Training Institute The old adage that ' leaders aren' t born; they are made' is the premise of the Elected Officials Leadership Training Institute aimed at helping city officials develop leadership skills. This program, which is designed and delivered by trainers with city gove.rnment. experierice, will focus on issues critical to the strong leadership needed to guide Oregon cities through the challenges that now face them. The Program. The Elected Officials Leadership Training Institute will consist of a one-day program which will be held on Saturday, November 12, immediately prior to the League Conference, from 9:00 a.m. to 5:00 p.m. The cost of $60 includes lunch. Please use the League Conference Registration c=orm to register for this training seminar; participation is limited. Specific elements of the Institute include identifying leadership skills, techniques of persuasion, decision-making. and small group communication. Additional Training Workshops In addition to the Institute, several other workshops will be held during the Con- ference. Note that three of these training workshops require preregistration, as attendance is limited. Please use the League Conference Registration Form to regis- ter for the training sessions of your choice. Thank you. Sunday, November 13 A LEADERSHIP AND PERFORMANCE WORKSHOP FOR MAYORS AND COUNCILORS: 2:30 - 4:30 p.m. DEFINING ROLES This presentation and roundtable discussion will focus on issues, problems and concerns that arise from council/mayor interaction. Monday, November 14 CITY COUNCIL/MANAGER RELATIONS: PERFORMING TOGETHER EFFECTIVELY 1 :30 4:30 p.m. Training Facilitator: Lyle Sumek (Cost: $15-00; registration required) This session will examine values and value differences among elected officials and management-level staff, how they affect expectations and behavior; and how specific coping options for both elected officials and staff can result in more positive relationships. Monday, November 14 FACING THE CAMERA/MASTERING THE MIKE : INTERVIEWING TECHNIQUES 1 :30 - 3:00 p.m. Two sessions offered or 3:00 - 4:30 p.m. (No charge; registration required) Monday, November 14 GOAL SETTING 1 :30 - 3:00 P.M. Panelists. wiil discuss their experiences with council goal set- ting .from each city's perspective and how the process of setting goals has affected the work of each council and staff. Monday, November 14 CITY MANAGER EVALUATION 9:00 - 10:30 a.m. This seminar will provide an overview on how to Identify city council expectations and needs for administrative performance and how to create a constructive, objective approach to evaluat- ing that performance. The workshop will cover the principles of evaluation, roles and responsibilities of the council and administrator, and the mechanics of evaluation. Tuesday, November 15 CONDUCTING EFFECTIVE MEETINGS 9;00 a.m. - 12 Noon If your meetings run too long or seem to accomplish too little, then this seminar may be what you need. Designed for city offi- cials, it will focus on good meeting skills through the use of a League workbook and video tape program. This program deals with the decision-making process as well as meeting procedures. r Sunday, November 13 COMPUTER LITERACY: A HANDS-ON COURSE IN COMPUTER' USAGE 1 :00 - 4:30 p.m. Two sessions offered or (Cost: $15.00; registration required) Monday, November 14 1 :30 - 5:00 p.m. j �'a17�a5�i;0iji8►_ioli�lgi�tgl�sgr i}s�iJi 7d8�3Sa 18i,�T}}-,y7� j� a�tg7�i a iii tsps o i � � ' d � +. � � I ( � � � # � � � �- - � �- -�."'.!'y.� � ..1.= ��T� g � g�1 9 � t��i 1�i�E�[ �i�i�!•igi ill ig] igt �gi igl iji lg7gigl 1}o igl t!i if! lgi f}i Lii . NOTE. IF THIS MICROFILMED g} !� DRAMING IS LESS CLEAR THAN - THIS NOTICE. IT IS DUE TO . T!-- QUALITY OF THE ORIGINAL DRAWING. _ OCEi 62 13Z LZ 962 SZ l•Z--EZ ZZ gZ-OZ ZI ag O4 6 .i3. d .. f3 5..._. a --S._ i�iiR�illl�Ii77�IlA�7N��tt�lita� _ � . MAnWi 1 0 ------------ I ' ECCOM DEVBZPM 3ffAM M MAXAGMMff HEADO,AND UNAMM(eel SAND UMBEW AND xAgUMAL BLAS(call PROFESSIONAL AND PERSONAL WiMPll W TRAINIMG(=W Ifrhan Ran-11 Oregme Success Stories(Man) ) Tour;m.Nsway Growth (Mon) � PenrJng and hffwog Pobac rac (Mord Improving Creating Nary Ernnataz Deasi�asm Strategies(Sun) Ratmmg Setxsaakf Vofudfvar Pmo tas'!M°n) Airyart Demgettatian:Fwa vests of Experience Ru! H (ManiY urEmployee Selection Decisions:Now Assessment Centers Can Gq efaeairvUmartning antheRedTapeRu) HeipTorEha7ratt.adEmplayaa;poa5tywiCtA9caErol,pntgAbwsamdMetsPeE The City Roe in�RarycheB(Mon) 6ovemmenUPrivata Partrmrs3iips Financing Capital Prejees(Mon) Pto58aru b'.ase YYmkp3tioa(T°) Is the Htul Ovarthe Dao for Hydroelsetric Projects?(Mon) Computer IJtmnasy:A Hdtds-0n Course e P B(Sun) °� Strategic Planning:A Special Tool for Tisa Cay and Fu Grams Public F.- Sudnss in Satying VgaRs,Pabic and tRdralo Programs(Mon) 9 sntiug the Northwest Caaenvetian and Electric Pow Plan(Tull A Leadership aced Parfommnee VWrkstwpforMayors and Coundlote:Defining Plannkeg and Wted'aep Pubes Faa&tiscDfmri Cattmg I:as!i. . H"Ithr Employees(Mon) - - - I The Tnnal d this Tide in Oregmt!Vater Pokey(Stas):. Downtown Datm(opment:A New Look on Mein Stroll(Mon) Is Yom Swmp Sat.Bookogi_Famd'mg Pill end Recreation(Mon) Proposed Entergy Cargrvatil t Bud6mo Standardsend the Future dAf orchil a Raw(Sun) Tourism:New City 6rawRe 4dustry(Mon) Health s.�Fre+asa Aehvhat:- - Housing in Oregarl - OTHER SPECIALSESSIONS P1NRilC WU-TAMRRARSFC.RTXM Haft axlftress Awe®d Carl tMon/fu) Open Mae"of the Resolutions Committee(SuNlifil Swnn tm&Ptira#PaRtrotshipa Financing Capital Projects(Man) Ear*Bred es(Matdiu) - ISSUES Idea BmJeangee(Seat! Vinke i WAi n ma.,_„„w) ,,::u Equipmeii[.Purcheaatg mid$iwring.RaD Airport Daregaiertoa Frio Vous of Firperiarece(Tu) Executive Committee Bond Meering(Sao PubL-Ttsndtgn Yner Own B��If.;,,ni' her Rwr o) - wWays to Peorid®�ttb.Pay' .CRY�ermes('aunt LOC - �" - .Lunaaa°n and Gonsual Sosaoulstm).� Development ISM Federal High vaY Fatutap:ErThere ii Rola far Citiesi au) COACtEli�3p;�/Qi� - - 'xmeg Se u!Vokmtorar Pregrmas,(Marr Mebtteertoeg Straw:Asphalt ar Year Fault(Moe) Budget gi�ISninl LOCCaedarm+eeAssodete Awma PuMe ContmeWgPractieesand PoFcies 6 uainted Recoptiar and Conent(Stat). . .Plual and'FutrGng Pubic Fatties(Mon) "shays lbs ea G�rg Your Starr out to Prow and Public?sun) (Mon) ": Kelmal pUddress an Nations!Idrestruearre Strategies IMon) LID ForecUams:-Whdare ffiwtsssaesa(Mani i tlta•' sMastsacO MeetingsarldPulPe j °'Snail Naw C3eaBmges f^-,..ta•„ .7 cards(Sun) 1 ® Pett ^'^n°'10`-""IT Small Was Need Good Persona Cmc the Tt Toolf aC°use Be Avoided?Rul Annual asugu aon(Mon) Have-nots B.^« Frah m moa'mmur Ity Stiowiag Tand iqusa IMm) I Annual Banquet and(74) (Mon) -Seting Sewer and Wall Re l�ul_ 9•tC imd _-Communay Smndttds.end street Ru) Y9 Up mga+e ! Fellowship Breakfast Ru) - . Annual Business Meal and Luncheon Ru) Egaprteat Furchlial and.Sharing(Tu) Platal a 041 1 - Plemting a S•B-9 System(Man), FINANCE A . . PERSONNS:RW A6 , . - The AT&T Breakup:Why Cities Care'1Tu) 1, Ixln'hias IStutfMoNru) InstnreircaCinicforCmaaand Offiasps(Mord Budget Election strategist(Sun) Hrmmig �Vpmgnsns(May Compuer M*f o A Nes am city Of a tin .t.smgue at Oregon Cities Conference Associate hoard:I20 Foredosurl Vlbet ars the Lessal Rul I;aalppr ,•2. ( j -. Computer Usage(SmJMon) s�g IContra Pra end Poicies WordGovw maemlPrKVW PaMerships:Fi ancingCapitol Projects(Mon) City Mmeaga:• Cnmputor Appdcatio s fortis ss.An Update Isu�nfMonl Hers.Small Cay Bbck Grande Ru) Surd IrsumrFaiFpats RfaPl► -'M Strateg�Bh Baatd O ars rude CoaPlanning:A Special Ted lial Le ® g iSanl �gec��g:A Spacing Tool for.Long-Range Mental(Stn) ammheg and Fail Pae Facilities(Mon) ! 5maR Cftlas Goad Syetenm Tool tri) .: tss:ras(Mon► General Revism Sharing:Roeneebamrt and Changes(Mon) i impravmg 9actiote Decisions i9owgssossnient Center:Can D Ropes.°°d.Ralatiorto3r smaA�C esiSmn) Nealy Elected Officials W°rishop(Stn) Now ChaDangasfor MutdeioalR°!ms.(ru�2t H FromLeB aCha+tbartuCetnnalCPrsmbmrRo(stingtaYourLegislotoron IssualCriminalJusl3ce:JuvelJustice sdVictims'Assistance Legislation Caen atartagamant and Investrneent{Sun) Hfish ars Ffic Ptaagroros(see HEALTH AND IIUMAMITTES) � Nome Turf Ru) � � and Lew Enforcement Issas:Rul Fax Limitation Proposals IMon) Conducting thaillia sBusiness:Open Meetings and Public Records Prerer(Ful Selecting Consultants(To) Group Business Meetings: Is Your Swing Set Brata :Fong Patios and Recreation Ill Pubic Service as Private Sector.Can the Co&sion Course Be Avoided?Rul PROFESSIONAL AND P�S0.NAL DEVELOP940ElVP TRAINING up Bun Municipal Fnaneo Officers Association(Mon) Audits:U for Bested and Appointed venlie Olfic'sals(Mon) Selecting.Cornsu�tns Rul - Goal Setting(Mon) Oregon Mayors Association lSun) Audits:Use Them to Your Advantage IMon) HelpfortheTmubled Empktyal Dealing with Alcohol,Drug Abuse and Mental City Manager Evaluation(Mon) Ore on Section,ICMA ISad Revenue Bonds:A Fresh Approach Ru) Ptobloi in.f7ee Vlodrpiace(Ful g Micrailaehrg:A Consideration at City Hall ill - Conducting Effective Meetings Rel Oregon Municipal Judges Association Rul Setting Sewer and VYeter Rates(Tu) - BAND UMENESBY AND NATURAL RESOURCES Elected Officials Leadership Training Institute(Sad Planning Directors(Tu) Equipment Purchasing and Sharing(Tial Creating Nora EConamic Development Strategies ISunl G.y CouneigMansg°r Relations:Porfarming Together Effectively(Mon) Building Officials(Tu) ,City Regutam°a Umvinding the Fall Tape Rut Insurance Clinic for Cities and City officials(Mon) Police Chiefs Rul HEALTH AND BONN fi1E5 Ameexation,Consoliidationand New City Incorporation Iij) Facing the Camere Mastering the Mike:Interview Techniques(Man! Oregon Association of Telecommunications Officers and Advisors Rul Arts in the Ccmmuniiy(Sun) Lend Use Reform:-Now Rules for State and Local Government ISun) 'Thais the Vhy It Is':Getting Your Story Om t°Press and Pubic(Sun) League of Publicly Ownad Electric Utilities of Oregon Ru) FOR MORE INFORMATION ABOUT THE CONFERENCE.CALL,League of Oregon Cities-Bull of free 1-800452.0.'i38 Oasigosd 6y:Syll Roan 171 SM ... ._.._. ...-..._... ..,,,.. _....:-' -' -__ __._.._..-- ... j.;• .. .. .:.. pre..., r. :.:..,"�,'s - k4wau.�.,. R' _:;_...,,,_-� . : t• ,-,� .,.,.; � .-:: r - -: -tea - �. '-;?4 -�' !. !'1438(1 B elf 1 1 1�1 i f .191 1$B 1�1 f$f N9E I 1�1 6 'j'1'ir r 1.... 5' $-- ) I � �t1 m 181) I►tIf tl ft111;8 Bj1T1 8 fill lll�T�t�B a�8)L�1�8$Bt'�101$838pBfZ�-TIBItIB$s11IBI9$fI1I fI p$7)1ItI1$Bt B11I1$B)r�tti$511 r NOTE: IF THIS MICROFILMED I' ... _. ... .$ 2 •� 4 .. _ _ _ 7 $ 9 Q 1) _- .. 12lift ftL AM DRAWING IS LESS CLEAR THAN - . THIS NOl'ICE. IT IS CUE TO -i QUALITY OF T}E ORIGINAL _ DRAWING. -_ -___,.-.__ _ _ __ - _ 0p£ 62 82 L2 83 S2 bZ —E2 Z2 Sf'IB OZ tit 81 L! ';.,T 31 bl E1 Zi I QI 6 8 iNilllll$IIIIIIl91$1117IIIIItNHI8tt8$tlit�it}j{((ij1-_ .. ) _ til}B(i891f8(t11ihB{!� )IH . Val Al"N Ir 9r V_T Lel'%LIE' .Ot UI'12ll LIME'S 58th Annual Conference and Business Meeting November 13-15, 1983 Portland Marriott Electiieiais Leadership Training Institute Governor Vic Atiyeh has been tentatively scheduled to share the podium Registration with League President, Lou Hannum at the Annual Awards Banquet on The old adage that'leaders aren't born; they are made'is the premise of Monday evening.Governor Atiyeh will outline possible budget and program Preregistration enables delegates to receive their conference packets, the Elected Officials Leadership Training Institute aimed at helping city issues facing the state in the coming months, complete with badges,tickets and final programs,by mail before coming officials develop leadership skills. This program, which is designed and to the conference. City officials who preregister by October 28 will pay a delivered by trainers with city government experience,will focus on issues Oregon political commentator Russell Sadler will offer candid, insightful special fee of$40 for three-day attendance and$30 for one-day attendance. critical to the strong leadership needed to guide Oregon cities through the remarks to Oregon cities'leadership at the Fellowship Breakfast on Tuesday. Registration after October 28 will cost$45 for full attendance and$35 for challenges that now face them. one-day attendance. Preregistration will be accepted until October 28. The Program.The Elected Officials Leadership Training Institute will consistsp��ial Events After that day,you should plan to register at the conference. of a one-day program which will be held on Saturday, November 12,im- mediately prior to the League conference,from 9:00 a.m.to 5:00 p.m.Lunch Get-acquainted Reception and Concert On Sunday night,Conference del- Non-Member is provided. egates are encouraged to dine at one of the many fine restaurants in the Portland area.(A restaurant guide will be available at the Conference to Private corporations and consultants will be charged a non-member reg- Specific elements of the Institute include identifying leadership skills, help you sort out y.,our options.) istration fee of$65. This non-member fee does not apply to other gov- techniques in persuasive argumentation,decision-making and small group ernmental agencies or to individuals who are retained by cities on a communication. After dinner,the League invites all registered delegates to a casual get- permanent basis. acquainted reception and concert Join old friends and make new ones, Exhibits ;while enjoying Brian Bowers onstage! Cancellation and Charges This year the League will again have an exhibition. In response to many Brian Bowers is widely regarded as the leading virtuoso on the autoharp Please advise the League office of any changes in registration as soon as cities' requests for information about word processing and mini-computer and one of the.giants of the folk genre. He uses a five-flinger picking possible. Changes in registration will be accepted by the League office systems, the League has invited companies.marketing such products to technique across 35 tightly w,i�ntd stnn - athing the listener in ethereal, until October 28 at no charge. However, because of the cost involved in display their systems.Exhibits will be located in the foyer belowthe Ballroom .joyously resonant major chor�,rif,n the a idiom.Bowers,a living legend making changes at a late date, any changes in registration made after level,Sunday through Tuesday. iof the Northwest,also has distinctgifts as singer and songwriter/storyteller. October 28 will be subject to a$5.00 handling charge. Meal tickets may This special engagement is one of a kind and promises to be one you will be refunded onlyif returned at least 24 hours nor to the meal function. Idea Exchange long remember. Refreshments, including wine and beer,will be served Training session nd tour tickets are nonrefundable unless minimum atten- AII the questions you've ever had about an aspect of running compliments of the League. Do plan to join us for an evening planned q Y y p g your city can specially with you in mind! dance requirements are met.Cancellations will be subject to a$10.00 fee be answered at the Idea Exchange.Time has been set aside for discussing after November 7. city issues with the experts in finance,legal issues,public relations,planning, public works, public safety and many other areas that may concern you. Banquet A lovely dinner will be served prior to the Awards Presentation Hotel Reservations Talk with city officials who have submitted innovative projects in the League- by the League's President,Gerald'Lou"Hannum.This year's presentation sponsored competitions on economic development, energy conservation, has been shortened,allowing more:time for the recipients of the League- All hotel reservations must be made through the Greater Portland Conven- downtown development and capital facilities planning and finance. sponsored Cities Awards to display their projects and accomplishments at tion and Visitors Association Housing Bureau. Room blocks for League the Idea Eachange on Sunday afternoon. convention delegates have been reserved at the Portland Marriott Hotel Cities interested in displaying their interesting and innovative projects at the (convention headquarters),Portland Hilton Hotel,Portland Motor Hotel and Idea Exchange,to be held Sunday,November 13 from 4:00 p.m.-5:30 p.m. Following the banquet,Calvin Dean and the Country Express will enable The Red Lion, Lloyd Center.Bus transportation will be provided for dele- in the Ballroom are encouraged to contact Sylvia Rose at the League by you to kick up your heels and dance the night away to contemporary hits gates have been reserved at the Portland Marriott Hotel (convention October 14. and the sounds of the"50s! We may even have an urban cowboy on hand headquarters), Portland Hilton Hotel, Portland Motor Hotel and The Red to teach you the "Country Swing"! Lion,Lloyd Center.Bus transportation will be provided for delegates staying General Session Speakers at the Hilton Hotel or Portland Motor Hotel.Since rooms will be assigned Mr.Beldon Daniels,President of the Counsel for Community Devlopment in Spouses Program Special programs for spouses and friends of delegates on a first-come,first-serve basis,delegates are encouraged to preregister Cambridge,Mass.will address the subject of economic development at the have been arranged during the conference. A bus tour of the scenic and make hotel reservations as early as possible. Reservations will be opening session,Sunday luncheon. Columbia Gorge on Monday, guided by Nancy Russell of Friends of the accepted by the Housing Bureau until October 21. Columbia Gorge, will take participants along 'the famous 1915 Columbia Ms.Carol Bellamy,Council President of New York City and National League Gorge Scenic Highway with its lovely arched bridges and stone balus- of Cities' Board Member will be our Conference keynote speaker. Ms. trades,visiting many beautift• 3terfall;' 'nd points of historical,geologic Dates to Remember: Bellamy will discuss the infrastructure issue that is currently facing Oregon and artistic interest such as lista House atop Crown Point,the Columbia Lastdayto make hotel reservations and many other states in the Union.Following Ms.Bellamy,on Monday,the Gorge Hotel and the Rowena Plateau,to mention just a few. at special group housing rate October 21 general luncheon address will be presented by Mr.Ralph Widner,Executive Sign-up is required. Price is $18.75, including lunch and a special slide Deadline for preregistration fee($40,members) October28 Director of the Greater Philadelphia First Corporation and former staff vice presentation at the Columbia Gorge Hotel. Deadline to make registration changes at no charge Ocinher 28 president of the Urban Land Institute in Washington, D.C. Mr. Widner, an Deadline to cancel registration at no charge November 1 r, expert on national, state and local urban affairs will discuss the prospect In addition to the special Monday tour,all spouses and friends are invited League of Oregon Cities 58th Annual - _ .. ,•__ _..--..- _wr..lr G.L.3'6X1-Di#J�4 DI -a.17..'WL4�a3Gc «... _^r,...-.�.,.<......., Pa]�f�'$ - Ott,�sttlt t}a a}i i}a ifoti}1 i}a t}s aleytla i}ttTt-1 rft aftp�}tpr _ !_ � �� 0'.. 11�jrf�a.ia,a};t1f;Ili)af�Ie,t.�tII+11F�la,)a}a�ala6all li}ij)Jl-1i}i'ilrii}1,1ti 9}!�,}i�i}1)aalal}i�113j Ili#Ipl y NOTE: IF THIS MICROFILMED 4 5 6 7 S I !!3 to O 1111 72 DRAWING IS LESS CLEAR THAN l - THIS NOTICE, IT IS DUE TO Tiff QUALITY OF T(ff ORIGINAL _. DRAINING. . ots rsz _8z_. �z�a sz - tz sz zz ri oz Sf--w�`ll —si'sa` irr el a1 ii of itillnit)ii199ni{ian�ianlrueo3q__ U� — - "s 6mrt CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 10 1983 AGENDA ITEM k: DATE SUBMITTED: October 5 198 _ PREVIOUS ACTION: ISSUE/AGENDA TITLE: 78th/Pfaffle/Spruce Street REQUESTED BY: Requested by the Annexation residents of the area. DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY Attached is a resolution for the annexation of property in the Metzger area, along either side of SW 78th Avenue south of Pfaffle. On September 13, 1983, the Planning Commission held a public hearing and voted to forward a recommendation of approval to the City Council. The recommendation is for approval of the proposed annexation and for a zone change to R-7 to become effective upon approval. The commission added that approval of the annexation was with the conditions that Policy 10.1.1(b) , (c) , and (d) for LID's be required for annexation. This last condition was based on the need for road repairs, the Commission felt that part of the cost should be borne by the residents. zzaaeazzzazzzzzaszzz--zzzzsz:aassassc3ac ALTERNATIVES CONSIDERED Council can approve the request or deny it SUGGESTED ACTICN Staff recommends that the Council approve the annexation with the conditions proposed by the Planning Commission, that is, the annexation is approved with the condition that Policy 10.1.1 (b) (c) and (d) for LID's be complied with. An R-7 zoning designation is placed on the property upon Boundary Commission approval. -%F T147ARE) WASHINGT0N QOLfiITY,OREGON NOTICE OF FINAL DECISION 1. The final decision was filed by: PLANNING DEPARTMENT on Sentember 13 198 Concerning ZC 12-83 Date Case Number 2. Name of Owner: Per attached list 3. Name of Applicant: Cit of Ti and City Ti and State Or_9722` Address p0 Box 23397 4. Location of Property: Address S.W. 78th Street Legal Description 1S1 36CA lots 400 5002_600_,200 0 2008, 2Q09,800, 900, 14800,14900,15000 1300, 1400, 2000, 2001, 2002, 2003, 2006, 01 550( 5. Nature of Application: ann from W 6. Action: Approval as requested C� Approval with conditions C� Denial to: 7- Notices *Notice was published in the newspaper & was mailed GO The applicant & owners XX ElOwners of record within the required distance The affected Neighborhood Planning Organization xx lidAffected governmental agencies *If there are questions regarding the names of the persons or agencies who received notice, this information is available at the Planning Department. 8. Final Decision: The adopted findings of fact, decision, and statementof condition ll, 12755nSWe obtained from the Planning Dirctor,9City of Tigard, Y Ash, P.O. Box 23397, Tigard, Oregon In the case of a decision on an application for a variance, the applicant must acknowledge this form and return it to the City of Tigard, Planning Director, before any building permits will be issued or engineering approval given. t's Agent Date Signature of Applicant or Applican -over- PLANNING COMMISSION DISCUSSION AND ACTION Commissioners Butler and Vanderwood, both stated they had attended the City Council public hearings and did not support the change. Commissioner Fyre supported the NPO's recommendation. o Commissioner Owens did not feel there was enough information to make a decision, espcially since the NPO felt one way and the City Council another. o Acting President Edin was sensitve to NPO # 4 concerns, however, there is merit to the City Council decision and he supported the existing language. o Commissioner Butler moved and Commisioner Vanderwood seconded to keep policy 11.4 as stated in the Findings, Policies and Implementation Strategies document. Motion carried by majority vote of the Commissioners present, Commissioner Fyre voting no. 5.3 SUBDIVISION - PLANNED DEVELOPMENT S 8-83 Century 21 Homes NPO # 3 This item has been withdrawn and will be reheard on October 4, 1983. 5.4 ANNEXATION - ZONE CHANGE ZC 12-83 S.W. 78th and Pfaffle. A request by residents of SW 78th Avenue to consider a petition for annexation to the City of Tigard. Also, to assign a ;low density residential Comprehensive Plan designation and a R-7 zoning designation. Location: (Wash. Co. TAx Map LSI 36CA tax lots 400, 500, 600, 700, 800, 900, 1000, 1100, 1200, 1300, 1400, 2000, 2001, 2002, 2003, 2006, 2007, 2008, 2009, 4800, 4900, 5000, 5100, 5201, 5300 and 5500). o Assistant Planner Pishvaie made staff's recommendation for approval. o NPO AND CCI COMMENTS - No one appeared to speak. o APPLICANT'S PRESENTATION - Steve Mosbacher, 11115 SW 78th, respresenting area requesting annexation stated they were unhappy with the Metzger Plan. They had problems with the condition of their street and it being opened to through traffic. They hoped tru be annexed to the City of Tigard and that the City would help them maintain their residential character. PUBLIC TESTIMONY o Shirley Rowe, 10307 SW 90th, Chairperson for the Metzger CPO, stated the plan recommended there be no piecemeal annexation done. They did not support the application unless the whole Metzger CPO area would Ic be annexed. PLANNING COMMISSION MINUTES September 13, 1933 Page 4 f fir•.- o Mary !Bartlett , L1045 SW 78cli, stated they not only had a traffic problem but also wanted police protection. There is also a drainage problem which they felt the City would be able to help them correct . CROSS EXAMATION AND REBUTTAL o Commissioner Owens questioned if any other people were interested in annexing to Tigard and why was staff recommending a piecemeal annexation. o Director of Planning and Development Monahan explained that the Urban Planning Area Agreement does not allow the City to initiate piece meal annexations. However, if property owners initated the petition then the city could accept. No one else in the area was interested in annexing. COMMISSION DISCUSSION AND ACTION o Commissioner Butler was concerned about the substandard streets and if the policy was being followed as stated in the Policies document regarding nonremonstrance agreements against the formation of LIDs. o Lengthy discussion followed regarding the condition of the streets and who was responsible for bringing them up to standard. Consensus of the Commission was that they supported the zone change annexation with the signing of nonremonstrance agreements. �i o Commissioner Butler moved and Commissioner Fyre seconded to forward a • recommendation of approval to the City Council for the proposed °s annexation, and for approval of the Zone Change to R-7 (single family r residential) become effective upon Council approval of the annexation with the condition that policy 10.1.1 b, c and d for LIDs be required for annexation. w Motion carried unanimously by Commissioners present. 5.5 COMPREHENSIVE PLAN AMENDMENT CPA 14-83 LCDC Goal # 5 - A request by the City of Tigard to update the Comprehensive Plan to comply with LCDC Statewide Planning Goal # 5 considering an analysis of Economic , Social Environmental and Energy (EESE) factors. o Associate Planner Newton reviewed the document requesting the Planning Commission make a recommendation to City Council. S PUBLIC TESTIMONY - No one appeared to speak 14 CROSS EXAMINATION AND REBUTTAL o Commissioner Edin questioned if an operating Tree Farm would be able to cut trees. Associate Planner Newton explained there was a Tree Cutting Ordinance which exempts individuals who belong to a certain Tree Farming Organization. PLANNING COMMISSION MINUTES September 13, 1983 Page 5 ( IS1 36CA SUU oL C' ;9 Worley, JolM I! . 1:utl.ve n , Orv'. t l c 11030 S.W. 78th I0980 S.IJ. 78th Tigard , Olt 97223 Tigard, Olt 97223 IS I 3#-s:A 1300 IS I 36CA 600 Puget Sound National Bank Mangold , Mary t:. IS 1 3s.+(::\ 4800 7775 :-.W. Pfaffle 11070 S.W. 78th Irtt , .I(IUtes R. Tigard , OR 97223 Portland, OR 97223 S.14. 73th OR 97223 IS 1 3#• CA 1400 ISI 36CA 700 Lee, Itc•n Ii. Walker, Elaine A. !S I 36CA 4 900 7745 ti.W. Pfaffle 11130 S.W. 78th Alrxaiicter, Donald A. Tigard, Olt 97223 Tigard, OR 97223 I IOS5 S.W. 78th Ave. UR 97223 IS I 3l+t:A 2000 ISI 36 CA 800 Milbr.:dt , Donald A. Zittlau, Horst E. IS ] 36(::\ 5000 10855 S.W. 78th Ave. 11160 S.W. 78th Par West Fed. Sav Loan Ass. Tigard, OR 97223 Tigard, OR 97223 c'/c, Mosbacher, Steven 11115 S.W. 73th Ave. Portland, OR 97223 ISI 36CA 2001 ISI 36CA 900 Hickman, Scott R. Willamette Factors, Inc. ISI 36CA 5100 10965 S.W. 78th Ave. Attn: Winnie Smith Garner, Clifford F. Tigard , OR 97223 460 Franklin Plaza 11145 S.W. 78th Ave. Portland, OR 97258 !'ortland, OR 97223 ISI 36 CA 2002 ISI 36 CA 1000 Reynolds, Robert E. Van Laningham, John ISI 36CA 5201 8380 S.W. Spruce 7133 S.W. Burlingame Ave. �.eileher, ,PhillLp M. ' Tigard, OR 97223 Portland, OR 97205 14655 S.W. I$Tlp5-n4 Tigard, OR 97223 ISI 36 CA 2003 IS) 36 CA 1100 g Ballard, Elmer It. Howard , Paul E. !SI 36CA 5300 :0950 S.W. 78th Ave. 11250 S.W. 78th Richlick, Geraldine Tigard. OR 97223 Tigard , OR 97223 i1225 S.W. 78th Tigard , OR 97223 IS I 3r, CA 2006 ISI 36 CA 1200 Vidan , Patrick V. Gibson. Kellnetll Sinilh ISI 36(:A 5500t 10925 S.W. 78th Ave. 6612 14. 83rd St . :;,•i-lac.y , B +5600,5700,5800, ruce 5900,6000 'rigarcl , OR 97223 Los Anl;cles , (:A 9004') 111375 S.W. TV lit4y loloa , 01, 97005 IS 1 .36 CA 2007 Kay, Michael t). 10905 S.W. 78th OR 97223 i S I -36 CA 2008 Kelso. 'Timothy E. 10825 S.W. 78th Tigard . OR 97223 DVL s 7- En Document EetLnj I�aEe io -� o -83 �genda � 14 � 0 Le 5mm ai Film a- 10 Anpr& I(4 g ! o r-ape ala 1 1 a a a e a a r a a a r I z I 1 r s f !'(rmvpim(IP1PI). r�rrsas " 8 11161111111 1 116(s1sIsIa111 111111 till si(IsF sIrl11111 11t2/ 4 5mTe: IF THIS NICROFIL}Eo DRAWING IS LESS CLEAR THAN THIS NOTICE. IT IS DUE TO ThE QUALITY OF TIE ORIGINAL DRAWING. -_. ..._.._--_ ------. _.__-. .._- --. _. `. a 16 I� x s a(eNhNluadaW InNPaaw(Nulels�rni sz �z sz zz iz""—oz sr el LF 9F sr- �1 ei-- zF ai ®e—'s a 1.:T .9 5 E � w�Pulun ,� ¢ MA em 51 JM(;H �� k W — . > SEE MA ti S w Ist 36DD SPRUCE --lq 2100 G 2008 G' 17� 1 5700 5800 C3000 61300 7000 I I u 5600 �-! 2 HE C.- 4 FRI ,S.x '. 2 a.4c 7 6 3 CL TpjCT -�-:, :-;IT 0 c t24 S. --83;z F NORTH L1-7.1;1 T N'°03w '*i5o 7.al — .37.8 i . ;�-Z" 2000 STORt.' L�LTPJ 2206 - 2205 .1-2204 610C) ' "'3* 2'2 76 2"4c IN A '2007 /7' t 2203 0 0 55 -7 7. STREET. 2009 czTR v.06 9- .36 A 2202 2 2006 24 4c. s eq.131 r' 2201 w I"'' , G A R 46% r T. 2000 2 4 0 200 20 '�13173 8 16 2003 '7 A 'A60C Se 2001 Z: 4700 1600 V,•a 5.814c. a 9 40 4600 200? X 12 4500 ..-__—i LJ 2 5 00 > 00 .1 < 3 Se Al 440-0 2 7 33 216 3 -2 6 0 0:- 4900 U �68 23I 4300 3 ci 5 4. z37.6 e 22J4201 1700 1504 138.2- 4100 ^43 63 /'PAIRVALE nI 7 5100 4000 :3.0 Aa 800 ., t cs 5 56 CD 1503 LIL 19 13900 5201 12 1900 .24 Ac. 1.2j.4c. 19 18 13800 -!i3-C20- .444c. il000 c 6 3700 1. 71 1 502 / 1501 1100 III .2 402 3600 16 401 1200 I..?0.4e. 2 474c. -15 Ac, o 12 1568 3500 1400 p--j-28 Ac. 5400 Co -3?4c ,f Ac. 0 .i-�01NT X s eirsq,coc 14. 1 ISO, 121 '2 869 IVE -- a 0 w 0.76 C.R.975 c S STREET SEE M'�P - Isl 36co ............ I J1j1j1jTj7jqrPjfPjlj Iflit tl1yfqqfjljlrlll'jlj tiff I 111jillsilliff loll lot 2 NOTE 3 5 6 7 8 9 0 IF THIS MICROFILMED DRAWING IS LESS CLEAR THAN { M111111111 THIS NOTICE, IT IS DUE TO THE QUALITY OF THE ORIGINAL DRAWING. O11E6Z 82 LZ 9Z SZ OZ CZ ZZ IZ 02 tj It JL A.. A.— a. I 'D rl Tj' N A W"Alf A ---1 7-7- 1q, 9 MEMORANDUM October 6, 1983 TO: Mayor and City Council FROM: Engineering Division, Public Works Department SUBJECT: 1983-84 Engineering Division Computer Software Purchase 1. Staff is requesting authorization to proceed to purchase the following C.E.A.D.S. II software programs from Holguin & Associates, Inc. : a. Field Control System b. Advanced Geometric Design System C. Analysis and Design of Wastewater Collection Systems With Cost Analysis 2. The aforesaid software programs were specifically budgeted for, by title, for acquisition this fiscal year (note attached copy of 1983-84 budget). 3. Three software vendor's "package" programs were carefully examined by staff. Only Holguin & Associates "package" meets our specific engineering needs; cost and quality was a further consideration. 4. Competitive bidding is not proposed to be used as provided for in Section 3 item (11) of the "Contract Review Board Rules" of the current purchasing manual, based on item #3 above. 5. Attached are the proposed license and maintenance agreements for your information also. JH:lw/0044S C Qp,OF ESS/ HOLGUIN & ASSOCIATES, INC. 0 o LICENSE AND CONFIDENTIALITY AGREEMENT DATE: ," August 4, 1983 �. ° QPa Holguin & Associates, Inc.grants to the Licensee named below a paid-up license to use 4F the software listed below,subject to all of the terms and conditions set out an the facek. and reverse side hereof. City of Tigard Licensee: City of company namez address Washington County B r S P. O. Box 23397 1 }{ address L Tigard, Oregon 97223 I city state zip L P 503) 639-4.171 -T T phone O O contact Mr.Randy Clarno OUR ORDER No. YOUR ORDER No. R ITEM SOFTWARE DESCRIPTION QUANTITY/UNIT PRICE AMOUNT NUMBER CEADS-80s ry 3. FCS Field Control System 2, 500 -00 4. DMS Disk Management System NIC 5. AGDS AdT,-anced Geometric Design System 3, 500 00 k THESE PRICES EFFECTIVE 30 DAYS FROM DATE OF AGREEMENT O CASH WITH ORDER(2x DISCOUNT)'-25%DOWN NET 30 DAYS Cash Royalty Price in U.S. Dollars a ' A FINANCE CHARGE OF i%WHICH IS AN ANNUAL PERCENTAGE Excluding Taxes < RATE OF 16%WILL BE CHARGED ON BALANCE PAST DUE. IF FINANCING IS THROUGH A THIRD PARTY LEASE THIS SECTION IS TO BE Less DEPOSIT 0 FILLED OUT BEFORE ACCEPTANCE. NET AMOUNT DUE LEASING CO. P.O. No. ADDRESS DATE CREDIT INFORMATION EQUIPMENT DESCRIPTION CPU NAME OF BANK / PERSONAL REFERENCE DISK CORE SIZE ADDRESS OUT PUT PLOTTER INDIVIDUAL TO BE CONTACTED OTHER PHONE No. SEE TERMS AND CONDITIONS OF LICENSE ON REVERSE CUSTOMER SIGNATURE DATE SALES REPRESENTATIVE Leonard S. Bourgeault, Regional 3alez—Mgr, PRINT OR TYPE CUSTOMER NAME H & A REPRESENTATIVE TITLE HOME OFFICE ACCEPTANCE DATE HOLGUIN & ASSOCIATES, INC. P.o. BOX 12990 5822 CROMO DRIVE EL PASO, TEXAS 79912 TEL. (915) 581.1171 QRpFEss��v HOLGUIN & ASSOCIATES, INC. 0 0 LICENSE AND CONFIDENTIALITY AGREEMENT DATE: > August 4, 1983 Holguin & Associates, Inc.grants to the Licensee named below a paid-up license to use t DRE o° a the software listed below,subject to all of the terms and conditions set out on the face and reverse side hereof. Licensee: City of Tigard company name City of Tigard address Washington County B S H address P. O. Box 23397 1 I Tigard, Oregon 97223 L P city state zip L T phone (503) 639-4171 T O contact Mr-Randy Cla.rno _O OUR ORDER No. YOUR ORDER No. ITEMSOFTWARE DESCRIPTION QUANTITY/UNIT PRICE AMOUNT NUMBER CEADS-80s 8. FP-6 Analysis and Design of Wastewater Collection (with costing) 3,500 00 THESE PRICES EFFECTIVE 30 DAYS FROM DATE OF AGREEMENT O CASH WITH ORDER (2%DISCOUNT)-25%DOWN NET 30 DAYS Cash Royalty Price in U.S. Dollars A FINANCE CHARGE OF 1%WHICH IS AN ANNUAL PERCENTAGE Excluding Taxes RATE OF IS% WILL BE CHARGED ON BALANCE PAST DUE. 0: 5 C: iialilp IF FINANCING IS THROUGH A THIRD PARTY LEASE THIS SECTION IS TO BE Less DEPOSIT FILLED OUT BEFORE ACCEPTANCE. •--4-� r+r NET AMOUNT DUE sa�ase>:G LEASING CO. P.O. No. ADDRESS DATE 3 00 CREDIT INFORMATION EQUIPMENT DESCRIPTION CPU NAME OF BANK / PERSONAL REFERENCE DISK J' !1 CORE SIZE ADDRESS U OUT PUT IL PLOTTER _U INDIVIDUAL TO BE CONTACTED B- OTHER O W PHONE No. O S SEE TERMS AND CONDITIONS OF LICENSE ON REVERSE CUSTOMER SIGNATURE DATE SALES REPRESENTATIVE Leonard S. Bourgeault,Regional Sales Mgr. PRINT OR TYPE CUSTOMER NAME H & A REPRESENTATIVE TITLE I HOME OFFICE ACCEPTANCE DATE HOLGUIN & ASSOCIATES, INC. P.O. Box 12990 5822 CROMO DRIVE EL PASO, TEXAS 79912 TEL. (915) 581.11:1 -�---- c-"su = � o_ 9cca J w a O•_ry r o A Jv �f.. M nrY EY yam- C '. d d•Ev n �L tea' a O•-^ '" ° 'm rn� _ - oc°1uty `d' c 0 i u- L JQ V � znE w D 4 w >' - G °N' �o � o' o cN Y_Mo Oo`o<'^d Ead oma; c -"o A >..d> s2'r . - _Cq�L "' ;_.Et-..copq...Li�'odo wEo J-=- E t ' wE_ c»coq AL v c E q 0G3„ ^°'dE _ CN m ^d ZI »u m ��•^a gtA ao m- mm $or vq QL-pD3y.C.- so ESoo — ,0- ` o E -d= y n_ Dqu� °L q . ^63 L.c�e�•.e'..-nm'cn`"L=»N� QtcL�.`ed/. .'2Td-'Cv` p�=•>Y.�. v _qq d cT7DcE� Z -q '•' r OYwJd.tcc rp aM_0�n- mq`> J5m OE> Fjg"�mjGd,aYEwcdg�Pd.-iryo-�aN3JEma"»V�-c-ir_�TE3ov°.QE�rnmdw,"=IE ° 2ox ;�> o ca'o o dcYO > o gdnt 0cr atz Z - QDY_W-=mAd_ o �Vcr,$-q_cd�- =_.�dc od•ud°=m$AVCm•a..yu`q-Cpa.-'3cEdP'T”+ 2Y`0ca 0. g ` -�_= OmE' a W w mrC 4CuoAT .amcom 0 oA o o ol �Zc0 %. udGJ .. LU c�2� oic $ -- �,co 9i - ~'-y-•a YJ m._co E_.Ea722- E » - L' 3o L O �o E _a q C - C-,m L YL iaNv LCa'•-'Ota.nnC E.0 E»oE - Lounn=Jvcc°u9T 3cwaG, dtr c ..o COLLJ e". • _ �txFEm•oWrx3m>$Ya,«-.L•JqEoec$$-�oe�.$�+qrnL�$��cO�3cn'5.�q^neoTo„noVoT•.xfT.w_c.i. LW¢ammLE''a.^eO�eap�w''..LroOT�oEa'saao�t•ygT�`emqEOo'•F^-cg''`eY>.E•S•"�JLvgqcr-gccu•.�'.nC�iEOcd.:•-"L'g«g�Ei°ciEY6.a-mc.-C_-.m-�-=avL$cE•c''oa_JaqN-;r-te'°agmam�out`�"m$�mmEJ�vs--YOo.>cmn$n»u.:r..d`91Ym`Sc�y}:r�X.:.t¢_W�ZQZNmC.Ay-�OrEom�'oyom_",ramtp�ANCmqN�-Eun�oj,f a'Jca0ve��„.-.V�•oPME•qo'an LordL -J¢O.duo L`Ay�d.com`.V cLo�Ca>-uu^,°"qoO6g�avC".cv°YccscgS_�.rn_L�m.no•a.-'.�o".°`mE°.dN�o.m`vE"Y�oq`•od•-''Oo-a w iLmE gcE 5:2-6.2 s2 o �9gi�ad� D o - ao«oYc; ao'p Rz 0- "s .'d`aypg`�.Y^j-q`do"c^m>�•'. n�iJ�.mucOo".n_'�v'�JgEmq>>oc-•>: Goc�duq>cocuoA_.-oJ"DcCc-�oOqVcqmOncmo- •=•+°;d oqe•uo_ovoc•ma"'-pm�DtE-3ue.�''oe3.-am:.'Q-`OYno'-iJm•ic�•c+y Z. Ic- g - a $ £dn` r Ea0E ' N -1 v 1G 5 3dmto^m•OL om«,°sq_.3E a-•:''. do'm.Cmr>•-E�_u3oto^NY/ +a• J./•w0cmawo$3s"�-" oRG�f„q•..G^ .. ' t ° D° a70 E^ o$go _2oE EJ Ed Eo" c R s odo. Awovoac° U« C'r, c06u�OTO iia -^J qo mD � C 3 E _ E o�ev °Eoc® C , L Y •; W L JZ > xe� romtE .,. -0—0 u Opff$ vo W. J.imOg 'WD>mo �coE EotFz "nWngcErn> -t E nmo.fmauO o vcQp a u A� CdsA LT. -u � OE o (J7;>C2-Yp�dD Oo._-o Q3 CL `o uEEO E - . nmEocq qwoEo Z a Q c0 c W¢cDJ Ed � oo3z :3toZc3a 4Ooc Tda9� u . amCEu- ® QO? 0Op '--&. E.EE.eyanCg°c . . E» OT' 0SEE aTogE9.d' c•AEooo�qaQ_ =oenETo� mE ° $ dm „ » d �`$`LJrp act.EEa0 Ox � �c"oEao i.Zo$ wcg ogLcnqq � d ° o orc� tsInd `�ca EdcENTO V a---- +• t .�.•. .` -._ ;_-p.',-• •.'" - `... ...':. .' a •Dc�°T•te�43qqn_-eoe5g_m`i-=a"...=pwo - Vl .. m� o�m: Tg-02Ouq oL'Jtt Ln. pE' $ 'yt oCv1 _,M. dC Z5OCOCSo tACW C+ CCLqQA >O- v' d>o =cc _-%�°.c$ qdEqt o�O - ° J cot°m uE V. V- .-0 ».,Q -qm 9r =3o � � >, W-5-5 O uo u °r neo3 >oJa.E L. d DC .au >.$ °3 2- . b �OO$SMc Mx o L�o m� p l0 O T eg CCO yO CLC_ - . Gr`C- VZ�A V':.•.SAC q`�_ qV muq�•-n.n•aO UCPO��n O�TC'� y.oy •U O O> JEc 7 a �LoG dtJ N-E+/.-•C $p 00u C• �da V u 2 w Eo."c -93:& E o �- J._ E i mo cq u o`A� E�g�d Q1La••"t»c 2Ym+$L'SoeuE Zda ESL-S3traPS L-c>-'_'�m�y�T �Ey.d$�qm .SiaY c �.. `3.0"m-•L-o>o-=nq��..ocN`� jj ' pnc 'o= To = '2o°LII uqoE0W Ec -- 72%c• �`o.an6a�000�^owL' NW O¢ 2>.p 5 na'-9d - oq _L H uc Eof:^ �q»gqL . d�0?o. �� v .� QcavW1a.i. LLJ WrW>rWLLWF-oLN�OfGE`•J0��J�a•Gival O>Qr¢nIIqnyEqtcE_=c.Ca-'.=;'vJ�aAmnnOdEqrdw�o,tnV oumL$o•, rn vE.X LdnMSLym ycOv.AO>'�apa.q>..�vtvucdr0.'=-;co-0mV,°_0$-,O•�c-•-gO°''aLC�r YoomAindTC-omnvaudo o�Lclp.LtSCB'cacn'a. - Qm=mc-V nq0aE•�CYdE Ud- - OpLo Z co fiN-=d >ax_q ZoZ�a>.EEED>cj °c0ao oOocN C) Suoao '10CC ;,; c Cv p^3tvN - d CvwZ¢jVwVIi l c I >On cu ;`CL _ O ZL 3qn O =rJd? ~o; tm3. 6WOpNN O NoOaK�2Jf, hEC CPN_ Q 2 -W ¢ m ^ vG -O $ dTrd > Ou O qq, qJE= Lca J Ox ¢o-E-EaO O W Z5 I; gd3cEo - ooJ oy- O C oAOu QoWO ¢p 2.•.v1..- f� CLADS-CIVIL PROGRAM SUPPORT AGREEMENT (New Installation) AGREEMENT BETWEEN CITY OF TIGARD, OREGON, A MUNICIPAL CORPORATION AND HOLGUIN & ASSOCIATES, INC. EFFECTIVE DATE 1. GENERAL This document represents the Agreement between Holguin & Associates, Inc. (H&A) and the Customer regarding support of the CEADS-CIVIL program. The support to be provided by H&A to Customer is specified herein as defined in Exhibit A. 2. TERM (a) This Agreement shall commence on the effective date which shall be the 91st day after shipment of the CEADS-CIVIL software and shall continue until terminated in accordance with the provisions included in this section. (b) Customer may terminate this Agreement at any time upon-thirty (30) days written notice to H&A, and H&A may terminate upon sixty (60) days written notice to Customer. 3. CONDITIONS OF SUPPORT H&A shall be under no obligation to furnish support services to Customer under any one or more of the following circumstances: (a) improper use of the program. (b) failure to pay support fees as due and payable. (c) failure to maintain computer hardware, subsystems, and operating system compatible with CEADS-CIVIL. (d) modification in any manner of the CLADS-CIVIL program by other than H&q personnel. If support services are required as a result of causes stated above, such services shall be provided at H&A's discretion and at standard rates for labor, travel, and material in effect at the time of service. 4. EXCLUSIONS H&A's support services do not include the cost of program media or C shipping. 5. PRIMARY CONTACT Customer shall designate a primary and a secondary contact for purpose of E one, if not both, _contacts shall attend phone-in consulting. At least training in E1 Paso. 6. SUPPORT SERVICES Support services are defined in Exhibit A. Support services provided are subject to modification by H&A, provided Customer is notified in writing a sixty (60) days prior to implementation of any such modifications. 7. INVOICING (a) Customer selects the following method of invoicing of support fees (initial as appropriate) . z ' Quarterly Semi-Annually ,Xxxx JAN 1 - JUNE 30 k Annually (b) Charges for support services will be invoiced in advance. Support service fees are due and payable upon receipt of invoice. Any time an invoice for program support becomes 15 days past due, support is put on a hold status until the account is brought current. (c) H&A reserves the right to change support service fee rates after the Agreement has been in effect for an initial twelve (12) month period, provided that the Customer has been notified in writing sixty (60) days prior .to the effective date of the support fee change. 8. MISCELLANEOUS (a) Any attempt to assign or transfer any of the rights, duties, or obligations herein shall render such attempted assignment or transfer null and void. (b) This Agreement shall in all respects be governed by the laws of the State of Texas. The parties hereby agree that any dispute relating to the services sold hereunder shall be subject to the jurisdiction of the courts within the State of Texas. (c) H&A reserves the right to withhold without liability but with prior written notice any support services under this Agreement if the Customer is delinquent in payment for any services, and to change the credit terms herein when, in H&A's opinion, the financial condition or previous payment record of the Customer so warrants. (d) In the event of any proceedings, voluntary or involuntary, in bankruptcy or insolvency by or against the Customer, or in the event of the appointment, with or without the Customer' s consent, of any assignee for the benefit of creditors, or of a receiver, H&A may elect to cancel any unfilled part of this Agreement. 2 (e) H&A' s failure to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of such rights. (r (f) Stenographical, typographical, and clerical errors are subject to correction. (g) Any notices required to be given hereunder shall be given in writing at the address of each party set forth below or to such other address i as either party may substitute by written notice to the other. AGREED TO THIS: ACCEPTED THIS: day of , 19 day of , 19 HOLGUIN & ASSOCIATES, INC. Customer Authorized Signature Authorized Signature Typed Name/Title Typed Name/Title 5822 Cromo Drive Street Address E1 Paso, Texas 79912 City/State/Zip 3 EXHIBIT A Under the Program Support Agreement, the following support services are Provided: 1. CEADS-CIVIL program updates and instructions. 2. Correction of errors or malfunctions in the CLADS-CIVIL programs, subject to the provisions of section 3 of the Program Support Agreement. H&A is not responsible for recovery of any data base information. 3. Telephone Support Services (TSS) for LEADS-CIVIL program related inquiries between the hours of 8:30 a.m. and 5:00 p.m. , MT, Monday through Friday, excluding holidays. TSS at other times shall be provided at H&A's discretion and at standard rates in effect at the time of service. Application related inquiries are the responsibility of the Customer and are not included in TSS. The monthly program support fee is $100.00. 4 00 00 L H H H �p d O c0 N 0 0 0 O O o 0 0 V1 O O O O CT z ,Z W� O O .-+ O o �D Vl Vl Ln O O C14 0 a% O O N =1 >1 RCc W ' ul cn V-, N Cil C'7 .--� r cn t �--1 N M 00 N O O ^ .-1 ra a 11 M rn rl cn C+l .+ -4 1 t cn Ln Ln Ln N N iOr U I G c°v I cn "D w to A _-�& 00 N H H G Ct p N • a I INA >' O •�q �1 O O O .-4 O O O O o O O O Ln O O O O Q O O Vl .-1 O O �D Vl Vl Vl O O N O cn O O (tel cd Vl a21 O 3 H M H 4) Vl M «'1 N cel C"•1 rl r c•'f t .-� N c`•1 Cb c"1 O O O Q� r�C � G• � O ••UCU+ G �O CT cn M V1 1-4 ..•� — t C'l C1l t Vl N U O •1C • O 1•.2 .,� �. N - N N p H W . p A 001-. CO V> Vl U C4 W N � ... •.4 �!'1 N An l�J O N N tr? O iA cn u aL G C.�j � HCl-. G N G LLI Q O O O •--� 0 0 0 0 0 0 0 0 Vl O Cl 0 0 O •.-1 -) A L .. Z`V wqr O 0 Vl N C:, O r ch �''o LCI Ln Lrl O� ON c•l 00 ch O O �45 V CT N Cl) Vl 1 l r1 .•� t M LrN N N •p 0•ca N .4 2 4.1 -1 4J ta. O ®v E > � Z 00 .. .11.1 .C O +-1 r C •� G -C W H G CL JJ 1 O 1-1 CL H.•C 1� H cn ca to C0 •1.1 CO CL H 00 m y L. Cn N H •.a n ..4 v u 4-.1 O •A C .--C � tv 6 c0 co-4 CVJ N CL �Dw1-4 co H 14 rn •c0 ab .D U pN O ,� Q > t0 .-� H 00 w O 7 Cil a+ -0 Cli O w •-] 14,.1 .. G 00 ao .-1 N a G O H >, G G. CL cn z a a,' bHD� 161 H � -,4 ,� ?OC 1 94 W cn C) ~� vwi •0+ 41 0) 44) oo m 14 � •a bo co o c a a .a I Q g�� Cn v 0! G C ••�' cO G N N c0 6 U H 1 v H �O •00 "l . .a Cn Co >, O •.1 41 H -r+ •11 . H 0) .1r CU Cn A cd to d H O •1+ AJ H CU m d U CL H s+ O O) w CJ 1"+ ^ 11 CL® cn w 4..1 1•-1 ,� G Cu P 0 7N o C z u •.1+ � p cwo � 1 .. y .k a o a CL co •1d > B o ILW H E u H b CU O H •-1 a) C ro c0 a +� H D O 44 W hi wcgwcna. d wE+ v > w v� In E- a O y ao ow 4J co w 6 O S U O H W Lt-j C.D1 .o .D o�O �O -+ $ O -4 N O r-4 iON 14 $4 N N N M cn M Ch M C" Cl) ./ V 'j-% Vl H O W Cp r E"1 O 000 -+ Op000000lnOo 00 1a �C) cis cn � � 0 0 Vl Ln .-1 O o _O V1 Vl O O N O M O O N m C'7 Vl N M C"•) r-'1 r C"1 t r+ N M 00 ch O O ^ O V1 H 04 rCO O W 1 C% cn M Vl .-•C ,•a r+ t M Lr) C14 N rC 1••1-l"' .•d •.1-1 O H N O1 ..-1 A JJ h W Vl -1 1 W O O) iJ >-.-603' v.Ui N co (L) > N O O O t O O O O O O O o N 0 �o O O CA (y $4 H U O Ln O N O W �D O Vl N O O %O O t O O to 1 H O C see) O C•'1 O N Ln t O r ^O V, O O . H cc 00 cn G] c0 ®� 1 ao rn Cn-4 M t �+ � N C4 3 •6 u O G L C7� 1 C CIS Hw a' •11 .c co Q QJt L O H ii? 1 O ®_ c a co o H 4J N -4a .tf c7% O Vl Vl O t Vl r•C CT CT 1 •� N C*1 .r �O .O %0 c0 CO A.A 1 p O Ef OD t W Cb r CS Ln O " In w M t 00 d 1 . - 1 OpV1a Cl cn cn 1 Nl D N O Vl -1 _ t Q W Vp0 �l3..J Ok. COC:o C.9 A 1 o C aHi CHO o C. �! p L >C T O w 1 JW O +f3 114 -4 •^ 00 t y Cl C, O •11 .--� r 00 .-1 N cn O Vl 1 -4 N N NI p cn . op %O O .•� O ^••1 00 Vl .N CO O .--1 t r 14 OI r Ln N Or O O r G CO . N J 'o co 1-d r t C14 ^ 1 O .1C •1d . •U3 a.l 4� 1r.. .. N N O p CL Q)t U'% CD •C: N O N N 40 Cn n M H U� .Nc� F+ .,a t 6 cn Q Im TIGARD CIVIC CENTER Special Election - November 8, 1983 Check When Responsibility Date Completed Council 9/19/83 Adopt Resolution 83-89 and 83-90 referring measures 451 and 452 to the voters. City Recorder 9/20/83 Measures received and ack- nowledged by Election Dept. X Deputy City Not Later Recorder than 10/311/83-Post notices of election in designated polling places, and in each precinct. -Front entrance of City Hall -Prepare Affidavit of Posting & file with City Recorder City Recorder 10/25/83 Publish Tigard Times Notice & of Election 11/1./83 County Director ' of Elections 11/8/83 ELECTION Deputy City 11/8/83 Remove Election Notices Recorder County Director No later Delivers abstract of votes of Elections than 11/27/83 to City Election Officer City Council 11/28/83 Canvas results of election.