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City Council Packet - 10/24/2006 City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 . . . TIGARD TIGARD CITY COUNCIL MEETING October 24, 2006 COUNCIL MEETING WILL BE TELEVISED I: \Ofs\Do n n a's\Ccp kt3 Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov 9 TTY Relay: 503.684.2772 ~ evise gen a as o cto er 20, 2006 e pen g nganon topic to xecunve ession and added Consent Agenda 4.5.) TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD ~ MEETINGS ~ OCTOBER 24, 2006 6:30 p.m. TIGARD CITY HALL 13125 SW HALL BLVD TIGARD, OR 97223 PUBLIC NOTICE: To request to speak to the City Council: ➢ Anyone wishing to speak on an agenda item.should sign the appropriate sign-up sheet(s). ➢ If no sheet is available for the agenda item you would like to address: o Sign the Citizen Communicarion sign-up sheet o During Citizen Communications ask the Mayor if you may speak when the agenda item is considered by the Council. o The Mayor will deterniine whether public comment will be accepted. ➢ Sign the Citizen Communication sign-up sheet if you would like to address the Council on items not on the agenda. Citizens are asked to keep their remarks to two minutes ox less. Longer matters may be set for a future agenda by contacting the Mayor or the City Manager. ➢ If you need assistance determining how to sign in, please speak to the staff greeter who will be near the entrance to Town Hall befoYe the Council meeting. Tixnes noted are estimated; it is xecommended that persons intexested in testifying be present by 7:15 p.m. to sign the testimony sign-in sheet. Business agenda items can be heard in anv order after 7:30 p•m• Assistive Listening Devices are available fox persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 ('I'DD - Telecommunications Devices for the Dea fl. Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thutsday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Dea~. SEE ATTACHED AGENDA TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA - OCTOBER 24, 2006 page 1 AGENDA TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETINGS OCTOBER 24, 2006 6:30 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss xeal property transaction negotiations and pending litigation with legal counsel under ORS 192.660(2)(e) and (h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. • STUDY SESSION ➢ Review the Town Hall Audio/Visual Design Report fcom New World Audio/Video and Provide Staff with Direction. TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETING 7:3o nn-t 1. BUSINESS MEETING 1.1 Call to Ordex: City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff foY Non-Agenda Items 2. PROCLAMATIONS 2.1 Proclaixn the Week of October 25-31, 2006, as National Magic Week 2.2 Pxoclaim October 28, 2006, as Make a Difference Day ■ Mayox Dixksen 3. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Citizen Communicarions - Sign Up Sheet • Report from the Tigard Area Chamber of Commerce President Ralph Hughes • Follow-up to Previous Citizen Communication TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA - OCTOBER 24, 2006 page 2 4. CONSENT AGENDA: These items axe considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be xemoved by motion for discussion and separate action. Motion to: 4.1 Approve Council Minutes for September 19 and 26, 2006 4.2 Approve City Centex Advisory Commission (CCAC) By Laws Resolurion No. 06- 4.3 Establish a Citizen Advisory Corrunittee to Guide the Preparation of the Highway 99W Corridor Improvement and Management Plan and Appoint Members to the Committee - Resolution No. 06- 4.4 Loca1 Contract Review Board a. Award Architectural Services Contract fox the Water Building Remodel to LRS Architects, Inc. and Authorize the Ciry Manager to Sign the Contract 4.5 Appoint Library Board Alternate Karen Levear to the Library Board - Resolution No. O6- • Consent Ae -enda - Item.r Kemoved for S4arate Di.rcu.rsion: Any item.r reguested to be removed from the Con.rent Agenda for .reparate di.rcu,rrion ivill be conjidered immediately after the Council has voted on tho.re item.r which do not need discussion. 5. LEGISLATNE PUBLIC HEARING TO CONSIDER REVISIONS TO THE COMMUNITY DEVELOPMENT CODE RELATING TO PLANNED DEVELOPMENTS (DCA 2006-0003) REQUEST: The applicant is requesting appxoval of a Development Code Amendment to change the procedutes and approval critexia fox Planned Developments (Chapter 18.350) and add Defuutions in Chapter 18.120. The proposed changes to Chapter 18.350 include a new purpose statement, and a new approval pxocess and approval cxiteria. Related definitions of "density bonus", "landscaping", and open space facility" would be added to the Definitions Chapter (18.120). The complete text of the proposed Code Amendment can be viewed at http://www.tigard-or.gov/code_amendments, or at the City of Tigard Permit Center. , LOCATION: Citywide. ZONE: Cirywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.350 and 18.390; Comprehensive Plan Policies 1, 2, 3 and 6 and Statewide Planning Goals 1 and 2. Comprehensive Plan Policies 1, 2, 3 and 6 and Statewide Planning Goals 1 and 2. a. Open Public Hearing b. Declarations or Challenges c. Staff Report: Community Development Staff d. Public Testimony: • TIGARD CITY COUNCIL, AND LOCAL CONTR.ACT REVIEW BOARD AGENDA - OCTOBER 24, 2006 page 3 Proponents Opponents e. Staff Recommendation f. Close Public Hearing g. Council Consideration: Ordinance No. 06- 6. CONSIDER AN ORDINANCE TO ADD SECTION 1.12.050 TO THE TIGARD MUNICIPAL CODE (TMC) TO AUTHORIZE SUBMISSION OF EXP'LANATORY STATEMENTS BY THE CITY OF TIGARD FOR INCLUSION IN THE WASHINGTON COUNTY VOTERS' PAMPHLET FOR MATTERS SUBMITTED TO VOTERS UNDER THE REFERENDUM OR INITIATIVE POWERS BY PETITION a. Staff Report: Adtninistration Department b. Council Discussion c. Council Consideration: Ordinance No. 06- 7. CONSIDER AN ORDINANCE TO REPEAL ORDINANCE NO. 00-33 PROVIDING A PROCESS FOR CLAIMS FILED AS A RESULT OF BALLOT MEASURE 7 SUBSEQUENTLY INVALIDATED BY THE OREGON SUPREME COURT a. Staff Report: Administration Department b. Council Discussion c. Council Consideration: Ordinance No. 06- 8. STATUS OF COUNCIL GOALS - THIRD QUARTER REPORT a. Staff Repoxt: Administration Department 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard Ciry Council may go into Execurive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those pxesent may disclose nothing fxom the Session. Representatives of the news media ate allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 12. ADJOURNMENT i:%etlmlcathy\ccM20081081024.doc TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA - OCTOBER 24, 2006 page 4 City of Tigard, Oregon = Affidavit of Posting TIGARD In the Matter of the Proposed Oxdinance(s) STATE OF OREGON ) County of Washington ) ss. Ciry of Tigard ) I, D4 ta 0,6- t , being first duly sworn (oY affixmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) U~- (1 d-- 0 /p , which were adopted at the City Council meeting of with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hexeof, on the ~ day of _OC &L,4- 20~~. 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oxegon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigaxd, Oxegon 3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oxegon OFFlCIAL SEAL • CAROL A KRAGER NOTARY PUBLIC-OREGON Si atuxe of Person who Pexformed Pos COMMISSION NO. 402780 ~ g OWCOMMISSION EXPiRES FEBRUARY 23, 2010 Subscribed and sworn (or affirmed) before me this AO day of 4ZAAa._ , 20eZe_. Signature of Notary Public for Oreg CITY OF TIGARD, OREGON TIGARD CIT'Y COUNCIL ORDINANCE NO. 06- ~ lp AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE, CHAPT'ERS 18.120 AND 18.350, TO CREATE A NEW PURPOSE STATEMENT, APPROVAL PROCESS, APPROVAL CRITERIA, AND OTHER REVISIONS FOR PLANNED DEVELOPMENTS AND TO ADD RELATED DEFINITIONS. (DCA 2006-00003) AS AMENDED ' WHEREAS, the applicant has requested an amendment to the Tigard Community Development Code Chapters 18.120 and 18350, to create a new purpose statement, approval process, approval criteria and other revisions for Planned Developments; and WHEREAS, notice was provided to the Deparnnent of Land Conservation and Development 45 days prior to the first scheduled public hearing; and WHEREAS, the Tigard Planning Commission held a public meeting on September 18, 2006, and recommended approval of the proposed amendment (with additional revisions) by motion with a unanimous vote; and WHERFAS, the Tigard Ciry Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the Tigard City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.120.030, 18.350, 18.380.020, and 18.390.060; Comprehensive Plan Policies 1, 2, 3 and 6; and Statewide Planning Goals 1 and 2. WHEREAS, the Tigard Ciry Council has deterrruned that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the Ciry of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: This ordinance shall be effecrive 30 days after its passage by the Council, signature by the Mayor, and posring by the City Recorder. ORDINANCE No. 06- Page 1 s , PASSED: By V nOA I m{j 4S vote, of all Council members present after being read by number and title only, this -day of C~ lk , 2006. Catherine Wheadey, Ciry Recorder -(-k APPROVED: By Tigard City Council thisc . day of , 2006. Craig D' ksen, Mayor Approved as to form: ~ ; . Attorney ffl - aq , 01.o Date ORDINANCE No. 06- ,I V Page 2 "EXHIBIT A" City of Tigard DCA 2006-00003 Planned Developments Code Amendment October 2006 Explanation of Formatting These text amendments employ the following formatting: StiikethFough - For text to be deleted [Bold and Italic] - For text to be added Chapter 18.120 DEFINITIONS [SS. "Densiry bonus" -Additional dwe[ling units that can be earned as an incentive for providing undeveloped open space, landscaping, or tree canopy as defined further in this code.] [87. "Landscaping" - Areas primarily devoted to p[antings, trees, shrubs, lawn and other organic ground cover together with other natural or artificial supplements such as water courses, ponds, fountains, decorative lighting, benches, bridges, rock or stone arrangements, pathways, sculptures, trellises and screens.] [104. Open Space Faci[ity related definitions. Open Space Faci[ities may be privately or publicly owned: a. Minimal Use Facilities. No other improvements (apart jrom underground utilities and natural and ecological enhancements) are allowed. b. Passive Use Facilities. Areas reserved for medium-impact recreation and education uses related to theJunctions and va[ues of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways, pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains, picnic tables, interpretive centers, and other similar facilities. Accommodations forADA access shal[ be provided where site considerations permil. c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater degree of site deve[opment and/or ground disturbance; such as sports felds, playground equipment, group picnic shelters, swimming pools, hard and soft surface pathways, restrooms, and similar facilities.] [Renumber definitions after #SS according to the above amendments] Page 1 of 21 October 24, 2006 Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 T-he Process 18.350.030 Administrative Provisions 18.350.050 A~„l;...,.•l•s. r l a ia+ i Zones rr ~ .,u 18358:098 118.350.0401 Conceptual Develepmeet P1an Submission Requirements [18.350.050 Concept Plan Approva[ Criteria] [I8.350.060 Detailed Development Plan Submission Requirements] [18.350.070 Detailed Deve[opment Plan Approval Criteria] 18.350.100 A..„,.o.,.,l r,.;t,...; 18.350.110 ct,.,,. ,,a n.,,,„ c 18.350.010 Purpose A. Purpose. The purposes of the planned development overlay zone are: , • , , r ~v.,»...~~,t+ ; .n .aul.rv o. avi,. .a. ~ •,iib iuiuaagerr ~ 2 TAfaeilitate-the-effi,.;o„+ f 1 d. use , , , buildings, eireulation ~.aE a „+:l:.:os. ~ , paftiettlaf- ; d , their- , open , living ..+s [l. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; and] [2. To provide such added benefits as increased natural areas or open space in the City, alternative bui[ding designs, walkable communities, preservation of significant natural resources, aesthetic appea[, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and] Page 2 of 21 October 24, 2006 13. To achieve unique neighborhoods (by varying the housing sryles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics oJ existing neighborhoods through appropriate buffering and lot size transitioning; andJ 14. To preserve to the greatest eztent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis, presentation of alternatives, conceptua[ review, then detailed review) that can relate the type and design of a development to a particular site; andJ [S. To consider an amount oJ development on a site, within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the City; and] [6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials.] 18.350.020 T-he Process A. Applicable in all zones: The planned development designation is an overlay zone applicable to all zones. [An applicant may e[ect to deve[op the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project, an approval authority may appty the provisions of this chapter as a condition of approving any application for the development.] B. Elements of approval process. There are three elements to the planned development approval process, as follows: ; and [l. The approval of the planned development concept plan; and 2. The approval of the detailed development plan. 3. The approval of the planned development overlay zone.] C. Decision-making process. , 18.390.050, r-eviewed y fneans of a Tyr f-6cedui-7 , ^ a by 18.390.040, . thEi$^pF.i6vE'd-FvnF@pT-Qevei6prrrcrirplan. In the ctssc--vf-cd~ ~ ~~~~ien. ' [l. The concept p[an shall be processed by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050.1 Page 3 of 21 October 24, 2006 [2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as governed by 18.390.050, to ensure that it is substantially in compliance with the approved concept plan.] [3. The planned development overlay zone will be applied concurrently with tl:e approval of the detailed plan.] [4. Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria J'or each approval. All applicants are advised that the purpose of separating these applications is to provide them clear direction in developing the detailed plans. Rejection of the concept p[an will result in a corresponding rejection of the detailed development plan and overlay zone.] [S. In the case of an e.zisting planned development overlay zone, once construction of the detailed plan hns been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application.] [6. If the application involves subdivision of land, the applicant may also apply for preliminary plat approval and the applications shal[ be heard concurrently with the detailed p1an.] A ('nar»rrant wvefla-y .,a.e an'a eeneeWual eat}6i3S--Thc-appiiEat}6ii-f6r r ic v• e•.1•,• ~ ~ ~ti,~,l:e------- f o ..1, ~,F +l,e l. .a --rr--- ~...,,..,«..u. F - =t~'i-- - - EC9i3ewFent-6'b'eFlEtT1~z6n@--c'lnr.f-sccbdivisivTr ccppTr1'ccrcr t'orrs T~n +SrL,e aP77ii 1'cci[7 ♦'07t7YY ' Vt7~- - r Jk- 7 n4c [D. Concurrent Annlications for Concent Plan and Detailed Plan. In the case of concurrent applications for concept plan and detai[ed deve[opment plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development applicahon (i.e. the concept approval must precede the detailed development approval); however each required action may be made at the same hearing.] 18.350.030 Administrative Provisions [A. Time limit on filing of detailed develovment nlan. The concept plan approval expires after 1-112 years un[ess an application for detailed development plan and, if applicable, a preliminary plat approval or request for extension is filed. Action on the detailed development plan shall be taken by the Planning Commission by means of a Type III-PC procedure, as governed by Section 18.390.050, using approva[ criteria in 18.350.070.1 A.[B.] Zoning map designation. w!:e.e M r/l lll~,.,eu uV°•~°'~ -~°~Y V1V,.l111Vl1i * VvGi~ ~~as bee a , [The planned development overlay zone application shall be concurrently approved if the Page 4 of 21 October 24, 2006 detailed development plan is approved by the Planning Commission.J The zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. , , 18.390.040, . , t-h2'-G6wimiSS#6n. The detailfy 1an sh.,ll 1.e aPpro i ca-azaw.r +-«zcccrnZfi-ri c.r. . , L,,,:1r1:ua.,..s.r ~ .-o.l,,..os +L.o „ ...,,.1~:.. v uaau ; . ; F+. T-he Fibang' e i'iif'OTves-CrI+bal„7ge h. c+»biun4 4o n..o+or.4inl l.n->nra• nv.d 7 . pr-oposed 7 7 utility 7 . baS2d-^vn thc-6fitc°ii^a-scifeFth in-~tib$E,'E-ti6n 1-9f thiS-S@Eti6n. This app~ccri-shmi oe g6vem2d by n,.,,..;s;,,ns „f Sv,.+:,,., 183an nnnr_ C. Extension. 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 one yeaz provided that: 1. No changes have been made on the original concept" development plan as approved by the Commission; 2. The applicant can show intent of applying for detailed development plan [or preliminary platJ review within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. D. Phased development. 1. The Commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for conceptual development plan review. 2. The criteria for approving a phased detail development plan proposal are that: Page 5 of 21 October 24, 2006 a. The public facilities sha11 be constructed in conjunction with or prior to each phase; and b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. E. Substantial modifications to concep#W plan. [If the Planning Commission finds that the detailed development plan or preliminary pCat does not substantially conform to the concept plan, a new concept plan-shall be required.] t a t,.prv~o„+ r..1an st,att . . v arr ,.o o t: .,+-e., Y [F. Noncomvliance. Noncompliance with an approved detailed deve[opment plan sha[I be a violation of this chapter.] (G. Issuance of occupancY uermits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued. However, when the Director determines that immediate execution of any feature oJ an approved detailed development plan is impractical due to climatic conditions, unavai[ability of materials, or other temporary condition, the Director shall, as a precondition of the issuance of a required permit, require ihe posting of a performance bond or other surety ta secure ezecution of the feature at a time certain not to exceed one year.] vielatio k~„~ eeeuganEy--pefmits-a~e-issued--IeWeve~A4;e-r-dh B"Weeter- determines + irffinediate- exeeutien eendifiefts, > , ' , r-equife the pesting of a peffofmanee bond o a4 a time ee4aift fiet te exeeed ofte ye -nthpr- sur-ety to seeufe emeeution e-f tilp, &.Rt4IZ_' a r..a„s+..:si Z.. 18.350.050 ~ --rrI• ~.•l•.-~. uiau 1 M ..,..,n~.. - - A. By-elee-tie , in eempli We v4th the r-equir-ements of this ehapter-. 12 A .a•*' f appr-eval l acs , a, develef) 1 - + n l „+1,,, D r r i l ~ ~ ~o u~~r~rv~or~~ ' " __'I"_'_____- . 7 Page 6 of 21 October 24, 2006 ~ ~ ~ ~ > > ) f ~ ) illielIFIr 0 , . ~ , ~ ; pctober 24, 2006 Page 7 of 21 ; and , e.g., ~ . ~ ~ , .,ff .,a;,,;,,;.,,. , ; whiF-h malr ' .t, rbl• + os. „ g p4:.._ t.. _--_,-i_-- - ---d--d- B. EmeeptiAi3S-t6 sien +cs. Tnc-TEInm}lsst * tC-E'pt}93i-i6=a:c-si} d;,"e ••nal r~iiiramantr ' *l, 1' 1.1 1. .1 E)a f findings +l. 4 ~ YY u.~vu ' b"., 3 f and 7 en'~-~IIC-C~'J27IITSrTJTOi21TI¢y ~i¢~i[ mn c" __r4__ 4 4~. ~ _ ~ ra a p req}iirementr of thiS titl f.n.,.~~ a- +u~ t~ ++h tt landseape l - - - r •--a-- 20,% 18350.090 118.350.0401 Concept Plan Submission Requirements A. General submission reQUirements. The applicant shall submit an application containing a11 of the general information required for a Type IIIB [-PC] procedure, as governed by Section 18.390.050 [and the additional information required by 18.350.040.B.J In addition, the applicant shall submit the following: 1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include: [a.] A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. [b. An explanation of the architectural style, and what innovative site planning principles are utilized including any innovations in building techniques that will be employed] [c. An explanation of how the proposal relates to the purposes of the Planned Development Page 8 of 21 October 24, 2006 Chapter as expressed in 18.350.0I0.1 [d. An explanation of how the proposal utilized the Planning Commissioner's Toolbox.] 2. A[general] development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development. [In the case where a residential subdivision is proposed, the statement shall include the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders.] r b „t:,,,,, ao+.,'t a a ei,p+• f w-h• L• •labi w fi-.,.v. 41.o Tl'.-on4e« B. Additional information. In addition to the generaI information described in Subsection A above, the concepttial develepfnen4 plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: 1. Existing site conditions; 2. A site concept [including the types of proposed land uses and structures, including housing types, and their general arrangement on the site]; 3. A grading concept; 4. A landscape concept [indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); [S. Parking concept;] -5. [6.1 A sign concept; and [7. A streets and utility concept; and] [8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable.] ~ a F► e.,„ .,„f a:: e. • r: , " ^vr-oi^vv^vaca-re~ai~cro - - . - [C. A[lowable Uses1 l. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c. The following uses aze allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; Page 9 of 21 October 24, 2006 c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; f. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with, but clearly incidental to, the residential uses permitted in the zone [such as personat services, preschool or daycare, and retail uses less than 5,000 square feet in sum totat]; g. Community building; h. Indoor recreation facility; at'hletic club, fitness center, racquetball court, swimming pool, tennis court or similar use; i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and j. Recreational vehicle storage area. 2. In commercial zones. In all commercial zones, an applicant with a planned development approval may develop the site to contain all of the uses permitted outright in the underlying ' zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi- family dwellings in those commercial zones that do not list multi-family dwellings as an outright use. 3. In industrial zones. In all industrial zones, a planned development shall contain only those uses allowed outright in the underlying zoning district. [18.350.050 Concept Plan Approval Criteria] [A. ?'he concept plan may be approved by the Commission only if all of the following criteria are met: 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended teveC of use, how they relate to other proposed uses on the site, and how they protect natura[ jeatures of the site. 2. The concept plan identifes areas of significant natural resources, if any, and identifies methods for their maximized protection, preservation, and/or management. 3. The concept p[an identifies how the future development will integrate into the e.zisting neighborhood, either throtegh compatib[e street layout, architectural style, housing rype, or by providing a transition between the eacisting neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting walkabi[iry or transit ridership, such methods may include separated parking bays, ofJ street walking paths, shorter pedestrian routes than vehicu[ar routes, linkages to or other provisions for bus stops, etc. 5. The concept plan identifies the proposed uses, and fheir general arrangement on site. In the case of projects that include a residential component, housing type, unit densiry, or generalized lot sizes shall be shown in relation to their proposed [ocation on site. Page 10 of 21 October 24, 2006 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, whi[e protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood.J [18.350.060 Detailed Development Plan Submission Requirements] [A. General submission requirements. The applicant shall submit an application containing all of ihe general information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.8 and the approval criteria under 13.350.070.1 [B. Additional Information. In addition to the general information described in Subsection A above, the detailed development p[an, data, and narrative shall include the following information: 1. Contour intervals of 2 to S ft, depending on slope gradients, and spot elevations at breaks in grade, along drainage channels or swales, and at selected points, as needed. Z. A specific development schedule indicating the approximate dates of construction activity, including demolition, tree protection installation, tree removal, ground breaking, grading, public improvements, and building construction for each phase. 3. A copy ojall existing and/or proposed restrictions or covenants. City Recorder's note: On October 24, 2006, the following wording shown at this [ocation in this document for Section 4 a., b., and c. was deleted by the Tigard City Council: , "Ui~e& The • , shape, , ' or4entation, . Stu Page 11 of 21 October 24, 2006 , [C. Compliance with snecific development standards. The Detailed Development Plan shall show compliance with base zone provisions, with the following modifications: 1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum tot size except that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; 3. Building height: In residentia[ zones, any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-112 times the height of the building. 4. Structure setback provisions: a. Setbacks for structures on the perimeter of the project shall be the same as t/tat required by the base zone unless otherwise provided by Chapter 18.360; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; (2) A minimum front yard setback of ZO feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. (3) A minimum front yard setback of eigl:t feet is required for any garage opening for an attached single family dwelling facing a private street as long as the required off-street parking spaces are provided. This setback may be reduced for rear or side loaded garages, if specifced on the detai[ed p[an and proper clearances jor backing movements are accounted jor. c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The commission may require site specific building envelopes. 5. Other provisions of the base zone. A[l other provisions of the base zone shall apply except as modified by this chapter.J 18.350.100 [18.350.070 Detailed Development Plan] Approval Criteria Page 12 of 21 October 24, 2006 [A. Detailed Develonment Plan Approval Criteria. A detailed development plan may be approved only if all the jollowing criteria are met: 1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: a. The change increases the residential densities, increases the lot coverage by buildings.or reduces the amount of parking; b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; d. The change commits land to development which is environmentally sensitive or subject to a potential hazard; and e. The change involves a major shift in the location of buildings, proposed streets, parking lots, landscaping or other site improvements.] A nol,,.;,.n.S,,:., -:+o ao.,o,,,..ri.o . ieir. T-he€-Chapter- 1-8~60, Site~Bei=elepment Review, . D C.,o..:f.. ..1.,,-..,o.i .lo..ol,,.....e«♦ 1 er-i~ ♦ ♦ , • The--c6imiiSS}6i3-Shal-l---Hi-a4e f:,,,a:.. +1, t--the C-r-itE'Fia--af@---t2~,* ~'v~L l, ,a ' Va JULaJZi~ia-Yt'iIGTl - CLriliTij2g--aj aj3'plieatie*-. -4 [2.1 All the provisions of the land division provisions, Chapters -18:410, 18.420 [Partitions] and 18.430 [Subdivisions], shall be met [if applicable]; 2. [3.1 Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this [chapter] sestie}}. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed in rubs°e*i^~ 2 below. [The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested.] , [a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detaited development plan review is intended to address the same type oJissues as the Site Development Review ] Page 13 of 21 October 24, 2006 [b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that tl:e resulting access will not be detrimental to the public safety considering emergency vehicle needs, and provisions are provided for a[l modes of transportation using the site (vehicles, bicycles, pedestrians, and transit).] -a. [c.J Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, [using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission.] The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural chazacter andl or site vaziation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1) [A 1% bonus for each S% of the gross site area set aside in open space, up to a maacimum of S%,] " max;m,.m-a0~ is allowed for the provision of[active use recreationa[ open space] ;;::ue.el^r d eonunen ^e°, exclusive of areas contained in floodplain, [steep] slopes Rr°^*°r *h^n o~, drainageways, or wetlands that would otherwise be precluded from development; (2) [Up to a mcrximum of S% is atlowed for the deve[opment of pedestrian amenities, streetscape development, recreation areas, plazas, or other items from the "Planning Commission's Toolbox. "J 0 ; stfeetseape ; developed open , ; do el„y"' ~ a„*. .,,,,a aw/„ ,.o+o.,t: f ' t' + u ; 0 1~ ; Tf1V.(`l~•nl uv..4~on c... h +opegr-aph / 4 ~4' 1+ ~ ~VJ JU ~ ~ ~ (4-)-A ina?ifflHm-ef 3 -13; quality-6f- ar-ehit2etufal-quality-&i-2d-Styl ; mator;.,ls• ; .a*:..o L.,,:1,7;.,..s vi ia.„+.,+;~.,, ....1.,,:1,7' ; .1/ ~ tise of 1.e i. types. [d.J Chapter 18.745, Landscaping and Screening. [The Commission may grant an exception to the landscape requirements of this title upon a finding that the overa[l landscape plan was prepared by a licensed landscape architect, provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified J Page 14 of 21 October 24, 2006 [e.] Chapter 18.765, Off-street Parking and Loading Requirements. [The Commission may grant an eacception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if : (1) The minimum number of parking spaces is not reduced by more than 10 percent 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, e.g., a nursing home, and which has a low demand for off-street parking; or (3) There is an opportuniry 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, and reducing the standards will not adverse[y affect adjoining uses; or (S) 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.J [f.J Chapter 18.780, Signs. [The Commission may grant an exception to the sign dimensional requirements in the applicable zone if.• (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs; and proper4y, City Recorder's note: On October 24, 2006, Section (2) above was amended by the Tigard City Council to read as follows: (2) The exception is necessary for adequate visibiliry of the sign on the property; and (3) The sign will be compatible with the overal[ site plan, the structural improvements and with the structures and uses on adjoining properties.J [g.] Chapter 18.795, Visual Clearance Areas. [The Commission may grant an exception to the visual clearance requirements, when adequate sight distance is or can be met; ] [ h.J Chapter 18.810, Street and Utiliry Improvements, Sections 18.810.040, Blocks; and 18.810.060, Lots. Deviations from street standards shall be made on a limited basu, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an exception request. The Commission can only grant an exception to street sanctions if it is sanctioned by Page 15 of 21 October 24, 2006 the City Engineer. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: (1) Public safety will not be compromised; and (2) In the case of public streets, maintenance costs will not be greater than with a conforming design; and (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment.J Chapter- . 18.740, 6--rt2apter-1-8.795, \I ' 1 C-lear-anee A _ _ - , Chapter- . • > > Chapter- • 18.765, o fi ~hax~tc~r 18.705, n ~ a~• +•~a . . ~,b..,~~ "a~~RZa«a sn. r~t,,,„+o,.18.780, S;,, . -1- [4.1 In addition, the following criteria shall be met: a. Relationship to the natural and physical environment: (1) 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. [The commission may require the app[icant to provide an alternate site p[an to demonstrate compliance with this criterion; ] (2) Structures located on the site shall not be in areas subject to ground slumping and sliding [as demonstrated by the inclusion of a specific geotechnical evaluation;] huildinb nr •••-1j•, •,b YavY",-t' ,;.7o for- .1 + 1' l.♦ t a• ~ r- aif ~-1"FP+'pf9t°"civnr (4) [(3) Using the basic site analysis injormation from the concept plan submittal,J the structures shall be oriented with consideration for the sun and wind directions, where possible; and 0 0 r~,,,.. to..1Q.7nn, •r Removal ..,y:;.~.,....,..~ "r . b. Buffering, screening and compatibility between adjoining uses: (1) Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; (2) In addition to the requirements of the buffer matrix (Table 18.745.1), [the requirements of the buffer may be reduced if a landscape plan prepared by a registered LandscapeArchitect is submitted that attains the same level of buffering and screening with alternate materials or methods.] The following factors shall be considered in determining the adequacy and extent of the buffer required under Page 16 of 21 October 24, 2006 Chapter 18.745: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (b) The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s) from which buffering is needed; (d) The required density of the buffering; and (e) Whether the viewer is stationary or mobile. (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas, pazking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; (b) The direction from which it is needed; and (c) Whether the screening needs to be year- round. c. Privacy and noise: 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; [d. Exterior elevations - single family attached and multiple-jamily structures: Along the vertical face of single fami[y attached and multiple family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (I) Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet; (2) Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, a mnximum length of an overhang shall be ZS feet; and (3) Offsets or breaks in roof elevations of three or more feet in height.J d. [e.] Private outdoor area [residentia[] fa''*' family use: (1) , [Exclusive of any other required open space facility,J each ground-level residential dwelling unit shall have an outdoor private azea (patio, terrace, lorJ porch) of not less than 48 square feet [with a minimum width dimension of four feet;J (2) Wherever possible, private outdoor open spaces should be oriented toward the sun; and (3) Private outdoor spaces shall be screened or designed to provide privacy for .the use of the space. e. [f.J Shared outdoor recreation areas -[residential] mullti family use: (1) [Exclusive of any other required open space facilities,] each [residential] development shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a) Studio units up to and including two bedroom units, 200 square feet per unit; and (b) Three or more bedroom units, 300 square feet per unit. Page 17 of 21 October 24, 2006 (2) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (3) The required recreation space may be provided as follows: ; ; for- , ; ; ; fer- , 4 ew4 indeer- n 4io n .a l.nl rp~ac+ onnh Ti'^rrTr+' o F , , o ) . [(a) Additional outdoorpassive use open spacefacilities; (b) Additional outdoor active use open space jacilities; (c) Indoor recreation center; or (d) A combination of the above.J City Recorder's note: On October 24, 2006, the following wording for a Section g, which was shown at this location in this document, was deleted by the Tigard City Council: Demareation , • , , ; , • , patio, low > > ; (b) A .,.,.M_,...~...~ ; i _or / 1 C"g~ /fl 1 a:..1seap..... s..b. f~ [g.] Access and circulation: (1) The number of [required] allewed access points for a development shall be provided in Chapter 18.705; (2) All circulation pattems within a development must be designed to accommodate emergency [and serviceJ vehicles; and (3) Provisions shall be made for pedestrian and bicycle ways [abutting and through a Page 18 of 21 October 24, 2006 siteJ if such facilities are shown on an adopted plan [or terminate at the boundaries of the project site.] g. [h.] Landscaping and open space: (1) Residential Development: In addition to the lbuffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities,J re,,:,.o.,~o.,*., „f s„i.,,.,.- ,,,...,,..t,s (n) ,,.,a (c) „f ..,.,.a:,... ,.FaL... z r b , a minimum of 20 percent of the site shall be landscaped. [This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer inc[udes a landscape plan, prepared or approved by a licensed landscape architect, and suretyfor such landscape insta[lation;] (2) Cefmnemial Beielep h n b ~ndseaped;--and (3) industFial . ~ h-. [L] Public transit: (1) Provisions for public transit may be required where the site abuts [or is within a% mile of/ a public transit route. The required facilities shall be based on: (a) The location of other transit facilities in the area; and (b) The size and type of the proposed development. (2) The required facilities [may include but are not necessarily limited to] s#~be limit te such facilities as: • (a) A waiting shelter; (b) A turn-out area for loading and unloading; and (c) Hazd surface paths connecting the development to the waiting area. [(3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement.] e; 18.780, . (a) bee-ation-of all-si-gns-pr-eFosed-~or- t#e de, eropfnent site;zand rb. ~ ~rhe s' g= n s~,,,ti „i..s,.,,,.o t,• i a• ' a• * . b , j- ~j.J Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter C-hapter- 18.765; (2) Up to 50% of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street pazking space. [k.]Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter [18.810.118.775, Page 19 of 21 October 24, 2006 ;[An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment wi[I result from the use oJ such means as green streets, porous concrete, or eco roofs.] 4-.[l.] Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. ~ Q~ cn n Shared Open Space [Facilities: The detailed development plan shall designate a minimum of 20% of the gross site area as a shared open space facility. The open space facility may be comprised of any combination of the fol[owing: (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands, streams, or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements) for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including tandscaping, irrigation, pathway and other structural improvements) for active recreational use. (4) The open space area shal[ be shown on the fina[ plan and recorded on the final plat or covenants.J [n. Open Space Conveyance. Where a proposed park, playground or other public use shown in a 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, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirab[e by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use, provided that the reservation or dedication is rough[y proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods:] Page 20 of 21 October 24, 2006 , • The 213-SpaFe afea shall b2-sh9Tin E1#t]}e final plan and-f@Evracd m+T~m-cncv:rcct6r-; cai~ a.- [(1) Public Ownership.J Rv ~ ~ a a • a t IL e~e~-s~asat- Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations [A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to fina[ approvaL Dedications of open space may be eligible for Systems Development Charge credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below;] -b-. [(2) Private Ownership.] By leasing-er- conveying title (including beneficial ownership) to a corporation, home association or other legal entity,[and granting a conservation easement to the City in a form acceptable by the Ciry. The terms of the conservation easement must include provisions for the following:J . 4+1, tl.o ri+....E'taining thP-d2vel6~ment r-i&Sz6 +-crxc pr°PcrT7. Tnc'c2FmS-6f-SuG~3 (-14 (a) The continued use of such land for the intended purposes; (2) (b)Continuity of property maintenance; (3) (c) When appropriate, the availability of funds required for such maintenance; (4) (d) Adequate insurance protection; and (3) (e) Recovery for loss sustained by casualty and condemnation or otherwise. Page 21 of 21 October 24, 2006 • CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 06-~ AN ORDINANCE ADDING SECTION 1.12.050 TO THE TIGARD MUNICIPAL CODE TO AUTHORIZE SUBMISSION OF EXPLANATORY STATEMENTS BY THE CITY OF TIGARD FOR INCLUSION IN THE WASHINGTON COUNTY VOTERS PAMPHLET FOR MATTERS SUBMITTED TO THE VOTERS RELATING TO MUNICIPAL LEGISLATION UNDER THE REFERENDUM OR INITIATNE POWERS BY PETITION WHEREAS, the initiative and tefetendum powers are reserved to the people by the terms of Article N, section 1 of the Oregon Constitution as to both state and municipal legislation; and WHEREAS, Article N, subsection 1(5) provides that municipalities such as the Ciry of Tigard may ptovide for the mannex of exercising the initiative and xeferendum powers as to municipal legislation; and WHEREAS, undet the terms of OAR 165-022-0040, the Ciry must pass an otdinance if it wishes to prepate explanatory statements on matters that are initiated or xeferred to the voters by petition; and WHEREAS, the City Council believes it is in the public intexest for the City to exercise its Constitutional authority to provide for the manner of exercising the initiative and xefexendum powers as to municipal legislation and to comply with the aforementioned admuustrative rule and to therefore, when directed by the City Council, authorize the City Manager, City Attorney, or City Recotder to prepare explanatory statements for matters referred or initiated by petition in order that the City is assured of its ability to explain municipal legislation to the voters of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Municipal Code is herebp amended by adding Section 1.12.050, to state: ' Section 1.12.050 - Authorization to Submit Explanatory Statements Relating to Municipal Legislation Referxed or Initiated by Petition. When directed by the Tigard City Council, the City Manager, City Attorney, or City Recotder is authorized to prepare explanatory statement(s) for the Washington County Voters' Pamphlet fox matters telating to municipal legislation refexred or initiated by petition. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By uA Ct /7 1 M0AL.S vote of all Council members present after being read by number and tide only, thisday of 0 , 2006. Catherin Wheadey, City R rder ORDINANCE No. 06-1 7 Page 1 ~ da of , 2006. APPR.OVED: Ey Tigard Ciry Counc~l this_ y f Craig Du sen, Mayor App oved as to form: ~ ity Attorney ~ / . ac( vt~ Date I:UAmVacket'06X061024bNinance - e0anatory slatemenrts.doe ORDTNANCE No. 06- Page 2 CIT'Y OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 06- I9 AN ORDINANCE REPEALING ORDINANCE NO. 00-33, WHICH PROVIDED A PROCESS FOR MAKING CLAIMS UNDER ARTICLE I, SECTION 18 OF THE OREGON CONSTITUTION, IN RESPONSE TO VOTER APPROVAL OF BALLOT MEASURE 7 IN THE NOVEMBER 2000 ELECTION; SUBSEQUENTLY BALLOT MEASURE 7 WAS INVALIDATED BY THE OREGON SUPREME COURT ON OCTOBER 4, 2002 WHEREAS, in November 2000, Oregon votets approved Ballot Measure 7, which requited compensation to owners of pxivate pxoperty for reductions in their property's "fait value" atttibutable to government regulations, with limited exceptions; and WHEREAS, the Tigard Ciry Council adopted Ordinance No. 00-33 on November 28, 2000, to ptovide a process for making claims that might be filed because of the voters' approval of Ballot Measure 7; and WHEREAS, shortly after the adoption of City of Tigard Oxdinance 00-33, Ballot Measuxe 7's legality was challenged; and WHEREAS, unplementation of the Ordinance was held in abeyance until the outcome of the legal challenge was known; and • WHEREAS, on October 4, 2002, the Oregon Supreme Court held that Measure 7 violated the Oregon Constitution's "single subjece' requirement for voter-appxoved Constitutional amendments; and WHEREAS, Ballot Measure 7 was invalidated by the Oregon Supreme Court; and WHEREt1S, City of Tigatd Ordinance No. 00-33 was not implemented nor were its provisions codified in the Tiga.rd Municipal Code. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Ordinance No. 00-33 is hereby rescinded by the Tigard Ciry Council. T SECTION 2: This otdinance shall be effective 30 days aftex its passage by the Counc.il, signatute by the Mayor, and posting by the City Recorder. ORDINANCE No. 06- jg Page 1 PASSED: By ~fl-1 US vote of all Council members present after being read by number and tide only, i day of QL+,-17 bSQA- , 2006. a erine eadey, City R order APPROVED: By Tigard Ciry Council dvis=~~~day of d CJUQr~ ~ 2006. Craig Ditk en, Mayor 4A ved as to forin: C r~ ttorney 'o - o~ '1 `vl.F' Date i:\adm\packel'06\081024brdinance - repealinq 0633.doc ORDINANCE No. 06- Page 2 Agenda Item No. 3. c = For Agenda of " Tigard City Council Meeting Minutes , Date: October 24, 2006 Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oxegon Attending: Mayox Craig Dirksen Presiding Councilox Sally HaYding Councilor Sydney Shenvood Councilox Nick Wilson Councilor Tom Woodruff enda Item Discussion & Comments Action Items follow u Executive The Tigaxd City Council went into Executive Session Session at 6:30 p.m. to discuss real propeYty transaction negotiations and pending litigation with legal counsel under ORS 192.660(2)(e) and (h). Executive Session concluded at 7:10 p.m. Stud Session Review the IT Director Ehrenfeld and New Woxld Audio Video City Council consensus was Town Hall Consultant Cudy reviewed this item with the City fox IT Dixector Ehrenfeld to Audio/Visual Council. work with Mr. Cudy and Design Report select the upgrades for the from New A supplement to the System Design Report was Audio/Visual system. Woxld presented to the City Council and a copy is on file in Audio/Video the City Recorder's office. Following are the and Provide highlights of the xeview with the Council: Staff with Direction. ➢ Recommendation that the system be wired; no wires will be visible. Wireless is not as reliable. ➢ Reviewed the recording station equipment. Two systems were mentioned: Granicus and FTR Gold. FTR Gold is a good system and would cost less than $5,000. ➢ Wireless micYOphones were reviewed with attention called to the information presented on Page 8 of the staff report. Councilox Woodruff commented that he supports an un rovement to the sound s stem but wants the Tigard City Council Minutes - October 24, 2006 j enda Item Discussion & Comments Action Items follow u expenditures to stay within the budgeted amount. Councilor Wilson concuxxed with Councilor Woodruff. City Manager Prossex suggested that if additional upgrades are desixable over this year's budgeted amount, they could be submitted for consideration during next year's budget process. Administrative ➢ The October 31, 2006, 5`h Tuesday meeting has Items been cancelled. ➢ Mayox Dirksen advised he plans to attend the National League of Cities (NLC) Conference in December. Councilor Hatding said she would like to attend the leadership training classes offered before the regular NLC conference sessions. Council Candidate Gxetchen Buehner said she would like to attend the NLC Conference if she is elected in November. ➢ Community Development Director Coffee distributed a memorandum dated Octobex 24, 2006, regarding "MTIP Public Involvement Strategy." A copy is on file in the City Recordex's office. ➢ Ciry Manager Prosser advised that TriMet GeneYal Manager FrAd Hansen will meet with the City Council on Decembex 19, 2006. Business 1.1 Mayor Dirksen called the City Council and the Meeting Local Contract Review Boasd to oxder at 735 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Harding, Sherwood, Wilson, and Woodruff. 13 Pledge of Allegiance 1.4 Council Communicarions & Liaison Reports: Mayor Dirksen announced that the October 31, 2006, Fifth Tuesday Ciry Council meeting has been cancelled. 1.5 Call to Council and Staff for Non-Agenda Items: None Tigard City Council Minutes - October 24, 2006 2 enda Item Discussion & Comments Action Items follow u 2. Proclamations Mayor Dirksen announced the following proclamations. He advised he was recognizing National Magic Week and called attention to the contributions made by the Society of American Magicians to community pxograms such as the Police D.A.R.E. camp. Mayor Dirksen advised that the local Make a Difference Day was held last Satutday. Volunteexs planted 80 trees within the community and Team Tigard picked up 17 bags of litter along Hall Boulevard. 2.1 PYOCIaim the Week of October 25-31, 2006, as National Magic Week 2.2 Pxoclaun October 28, 2006, as Make a Diffexence Day 3.Citizen • Report from the TigaYd Area Chambex of Communications Commerce Representative Sue Wirick. Ms Wirick noted that Executive Director Jeremy Monlux has been with the Chambex of Commerce for a year now and noted his contributions including membership gxowth. She Yeviewed Chamber events including the Leadership Pxogram and Professional Development Program. Ms. Wirick advised theYe will be an outreach to the business communiry event in january. Councilox Shenvood noted Leadership Seminar students were at the homeless sheltex recently and said it was a gteat session. • Dick Fxanzke, 14980 SW 133r' Avenue, unincorporated Bull Mountain testified in response to comments made by Councilor Wilson at the October 10, 2006, City Council meeting relating to the Cach Cxeek Annexation. A written copy of Mr. Franzke's comments is on file in the City Recoxder's office. He said Councilor Wilson's remaxks were unnecessarily personal and said that statements made by City officials that annexations have always been consensual were false. An annexation cannot be regarded as voluntary or consensual when sewex lines urill not be extended to ro erties unless the Tigard City Council Minutes - October 24, 2006 3 enda Item Discussion & Comments Action Items follow u property owner annexes or signs a consent to annex. He suggested the City Council owes the public apologies and admit that the City forces annexations. Councilox Wilson conceded that his remarks toward Mr. Franzke were personal, but were made in response to previous public testimony by Mr. Fxanzke questioning the "decency" of the Council. With regard to whether annexations are consensual, Councilor Wilson said he believes it is fair to entex into an agreement with a property owner for public services. Councilox Wilson said that no systems development charges for parks had ever been collected outside of the City's boundaries. 1VIr. Franzke said he made the comment that money had gone back and forth between the City and County and gave as an example traffic impact fees collected in the unincorporated area that were spent within the City of Tigard. Councilor Wilson pointed out with regard to developing parks that pYeviously the City Council's "hands were tied" with regaxd to buying propexty outside of the Ciry boundaries. This situation recendy changed and the City had moved forward. In response to a comment from N1r. Fxanzke saying that the City of Tigaxd managed the unuicorporated Bull Mountain area for nine years, Councilor Wilson said the City of Tigard has neveY managed that area. Although disagreeing about the nature of public comtnents by Mr. Franzke in the past, Councilor Wilson said he appreciated hearing from Mr. Franzke. 4. Consent MayoY Dirksen Yeviewed the Consent Agenda Motion by Councilor Agenda before the City Council: Sherwood, seconded by 4.1 Approve Council Minutes fox Septembex 19 and Councilor Woodruff, to 26, 2006 approve the Consent 4.2 A rove Ci Centex Adviso Coininission A enda. Tigard City Council Minutes - October 24, 2006 4 enda Item Discussion & Comments Action Items follow u (CCAC) By Laws Resolution No. 06-64 The motion was approved RESOLUTION NO. 06-64 - A RESOLUTION by a unanimous vote of ADOPT'ING THE CITY CENTER Council present. ADVISORY COMMISSION (CCAC) BY LAWS Mayor Dirksen Yes Coundlor Harding Yes 4.3 Establish a Citizen Advisory Committee to Guide Coundlor Sherwood Yes the Preparation of the Highway 99W Corridor Coundlor Wilson Yes Improvement and Management Plan and Coundlor Wooclruff Yes Appoint Members to the Comxnittee - Resolution No. 06-65 RESOLUTION NO.O6-65 - A RESOLUTION ESTABLISHING A CITIZEN ADVISORY COMMITTEE TO GUIDE THE PREPARATION OF THE HIGHWAY 99W CORRIDOR IMPROVEMENT AND MANAGEMENT PLAN AND APPOINTING MEMBERS TO THE COMMITTEE (Note: The following Citizen Advisory CoiYUnittee members said they planned to be present at tonight's meeting: Jesse Black, William Moss, Steve Boughton, Tim McGilvrey, Cherree Weeks, and Sue Carver. MayoY DiYksen requested that Coinmittee members come forwa.rd and he presented them with a City of Tigard logo pin.) 4.4 Local Contract Review Board a. Award Architectural Services Contract for the Watex Building Remodel to LRS Architects, Inc. and Authorize the City Managex to Sign the Contract 4.5 Appoint Library Board Alternate Karen Levear to the Libraiy Boatd - Res. No. 06-66 RESOLUTION NO.O6-66 - A RESOLUTION FOR THE FOLLOXX'ING APPOINTMENT TO THE LIBR.ARY BOARD: KAREN LEVEAR 5. Legislative City Attorney Ramis explained the rules of Public Hearin xocedure for this le islative hearin . Tigard City Council Minutes - October 24, 2006 5 enda Item Discussion & Comments Action Items follow u to Consider Revisions to the There were no declarations or challenges. Comtnuniry Development Mayor DiYksen opened the public hearing. Code Relating to Planned Associate Planner Farrelly presented the staff Developments report. Council pYeviewed the proposed revisions at (DCA 2006- its October 17, 2006, meeting. He advised that on 00003) October 23 a development consultant sent an e- mail registering strong objections to sevexal aspects of the code amendment. One objection was that the requitements of open space and landscaping were confusing. Staff tecommended that the City Council adopt the proposed ordinance. In response to a comment by Councilox Woodruff, Associate Planner FaYrelly and Planning Manager Bewersdorff confirmed that the Planned Development Code process is voluntary. Planning Manager Bewersdorff said that the Planned Development regulations will be more difficult for - a developer to follow, but the Planning Commission will have some ability to woxk with the developer on proposed projects. If a developer chooses not to use the Planned Development process, the noYmal subdivision process would be available. Some areas within the city are now designated as Planned Developments, so a zone change would be necessary to use another development process. During discussion City Council agreed with City Council agreed that language Attorney Ramis about a revision to the following be amended as section: recommended by City Attorney Ramis for Section • Section 18.350.070 3. £(2) to be revised as 18.350.070 3. f. (2) as shown follows: in the colLUiin to the left. "The exception is necessary for adequate visibility of the sign and.. This chan e was made at the re uest of Ci Tigard City Council Minutes - October 24, 2006 6 enda Item Discussion & Comments Action Items follow u Attorney Ramis who advised he was concerned that the proposed wording might lead to regulating language content of a sign, which is unconstitutional. Mayor Dirksen closed the public hearing. Mayor Dirksen announced the Ciry Council would be considering Ordinance No. 06-16 with the revision noted by City Attorney Ramis. Councilor Sherwood noted her appreciation to the volunteers who served fox two yeaYS on the Coininittee to pxopose these changes to the Planned Development section of the Code. Councilor Woodruff said he was heartened that the Conunittee, made up of diverse interests within the community, as well as the Home Builders Association, had been able to reach a compromise to produce the recommended changes to the Planned Development provisions. Councilor Wilson noted he had raised concerns Motion by Councilor about axeas of the proposed oxdinance at the City Wilson, seconded by Council meeting last week. Councilox Wilson said Councilor Woodruff, to the pYOposed ordinance contained language which amend the proposed was far better than it was before, but he still had language by deleting concerns with two areas. He called attention to 18.350.060 B. 4. in its Page 7, of the "Clean Copy" (Attachment 2 in the entirery. Council meeting packet.) The citation of the code section he was referring to was 18.350.060 B. 4. He The motion was approved said it was unlikely that this section would evex be by a majority vote of used. During discussion, Mayor Dirksen noted he Council present. thought this language might be related to the Metro Code because it relates to a designated town or Mayor Dirksen No regional centex. Counalor Harding Yes Counalor Sherwood No Councilor Wilson Yes Councilor Woodruff Yes The second area of concern noted by Councilot Motion by Councilor Wilson, Wilson was 18.350.070 A. 4. g. (Page 12 of 15 of seconded by Councilor the "Clean Copy" (Attachtnent 2 in the Council Sherwood, to eliininate Secrion meeting packet.) Councilor Wilson said it was 18.350.070 A 4. g. confusing as to what would be gained by having The motion was a roved b a Tigard City Council Minutes - October 24, 2006 7 enda Item Discussion & Comments Action Items follow u this section as it relates to crime prevention. He unanimous vote of Council noted there are times that shrubs are a problem as present. far as cxime prevention is concerned. Councilor Haxding noted more issues might arise as an area is Mayor Dirksen Yes developed more densely. Planning Manager Councilor Harding Yes Bewersdorff xesponded to a question from Mayor Councilor Sherwood Yes Councilor Wilson Yes Dirksen and confirmed that the Police Department Councilor Woodruff Yes had reviewed this language. City Attorney Ramis noted some issues with the way the language was Motion by Councilor written because terms such as "semi public" would Woodruff, seconded by need to be defined. City Attoxney Ramis also Councilor Shenvood to advised that because of the word "shall" in the adopt Ordinance No. 06-16, language, the City must expxess clearly defined as amended. requixements in written findings. (City Kecorder's Note: City Council considered the proposed ordinance Amendments ivere: with the amendments as noted. 1. Section 18.350.070 3. f. (2) to be changed a.c follosv.r.• ORDINANCE NO. 06-16 - AN ORDINANCE AMENDING THE LANGUAGE TO THE `The exception i.r nece.r.rary TIGARD COMMUNITY DEVELOPMENT for adeguate iden§.eafienef CODE, CHAPTERS 18.120 AND 18.350, TO Me~ vi.ribilitv o the .ri~ CRFATE A NEW PURPOSE STATEMENT, and... APPROVAL PROCESS, APPROVAL CRITERIA, AND OTHER REVISIONS FOR 2, Section 18.350.060 B. 4. as PLANNED DEVELOPMENTS AND TO ADD presented in the draft RELATED DEFINITIONS (DCA 2006-00003) ordinance to be eliminated. AS AMENDED 3. Section 18.350.070 A 4. g. as pre.rented in the draft ordinance to be eliminated.) Discussion on the motion: Mayor Dirksen advised he has long looked forward to amending this section of the Code. He said he believed the new language is sufficiendy flexible and that he will vote in favor of the ordinance. Councilor Wilson agreed the new Code language has been a lon -time comin and Tigard City Council Minutes - October 24, 2006 8 enda Item Discussion & Comments Action Items follow u noted his appYeciation for the work that has gone into developing the amendments. Councilox Harding agreed that the proposed ordinance represented yeaxs of woYk and added that now they, as ~ a City Council, need to "stand behind" this new legislation. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Coundlor Harding Yes Councilor She.rwood Yes Coundlor Wilson Yes Councilor Woodruff Yes 6. Consider an City Recorder Wheadey presented the staff repoxt. Motion by Councilor Ordinance to State law permits a governing body to issue Woodruff, seconded by Add Section explanatory statements for mattexs relating to Councilor Sherwood, to 1.12.050 to the municipal legislation xeferred or uutiated by petition adopt Ordinance No. 06-17. Tigard Municipal if the governing body has passed an ordinance to Code (TMC) to do so. The proposed ordinance would authorize The motion was approved Authorize the City Attorney, City Manager, or Ciry RecoYder by a unanimous vote of Submission of to pxepaxe an explanatory statement in the Council pxesent. Explanatory situations described above. Statements by Mayor Dirksen Yes the City of Mayor Dirksen registered his concexn that reqiuring Councilor Harding Yes Tigaxd foY cities to pass such an oxdinance "flies in the face of Coundlor Sherwood Yes Inclusion in the Home Rule." City Attorney Ramis said that the Coundlor Wilson Yes Washington concept of Home Rule in Oregon has eroded Councilor Woodruff Yes County Voters' whereby local voters have the right to choose their Pamphlet for own government and rules. If challenged, the Matters decision to Yequixe this ordinance could lead to Submitted to substantial debate. Explanatory statements are Voters Under neutral and may not take a position on a ballot the Referendum measuxe. or Initiative Powers by Council considered Ordinance No. 06-17: Petition. AN ORDINANCE ADDING SECTION 1.12.050 TO THE TIGARD MUNICIPAL CODE TO Tigazd City Council Minutes - October 24, 2006 9 enda Item Discussion & Comments Action Items follow u AUTHORIZE SUBMISSION OF EXPLANATORY STATEMENTS BY THE CIT'Y OF TIGARD FOR INCLUSION IN THE WASHINGTON COUNTY VOTERS PAMPHLET FOR MATTERS SUBMITTED TO THE VOTERS RELATING TO MUNICIPAL LEGISLATION UNDER THE REFERENDUM OR INITIATIVE POWERS BY PETITION 7. Consider an City Manager Prosser presented the staff report. Motion by Councilor Ordinance to The proposed ordinance is a"housekeeping" Sherwood, seconded by Repeal request for action fxom the City Council. Councilor Woodruff, to Ordinance No. OYdinance No. 00-33 was neveY codified, nox could adopt Ordinance No. 06-18. 00-33 Providing it have been implemented because the Oregon a Pxocess for Supreme Coutt ruled that the ballot measure The motion was approved Claims Filed as a referred to in Ordinance No. 00-33 was invalid. by a unanimous vote of Result of Ballot The ordinance should have been repealed. Council present. Measure 7 Subsequently City Council considered Ordinance No. 06-18. Mayor Dirksen Yes Invalidated by Councilor Harding Yes the Oregon AN ORDINANCE REPEALING ORDINANCE Councilor Sherwood Yes Supreme Court. NO. 00-33, WHICH PROVIDED A PROCESS Councilor Wilson Yes FOR MAKING CLAIMS UNDER ARTICLE I, Councilor Woodruff Yes SECTION 18 OF THE OREGON CONSTITUTION IN RESPONSE TO VOTER APPROVAL OF BALLOT MEASURE 7 IN THE NOVEMBER 2000 ELECTION; SUBSEQUENTLY BALLOT MEASURE 7 WAS INVALIDATED BY THE OREGON SUPREME COURT ON OCTOBER 4, 2002 8. Thitd City Manager Pxosser reviewed the staff report. Quarter Council Goal Update Brief suinmaries of the progress made on the goals for this year are on file in the City Recorder s office. Mayor Dirksen referred to the upcoming ballot measure for libYaries. He has met with members of the Youth Advisory Council and noted that several students have been canvassing the City urging suppoxt of the library measure. City Manager Prosser noted that since the progress report of goals was written, woxk has begun on the performance audit of the Library. Additional information was re uested with re axd to the Police Tigard City Council Minutes - October 24, 2006 10 enda Item Discussion & Comments Action Items follow u DepaYtment audit and it is anticipated this audit will soon be undenvay. . The Technology Strategic Plan was introduced to the Council last week. Mayor Dirksen noted significant progress has been made on the City Council goals. , Announcements ➢ No City Council meeting on November 7, 2006 (election night). ➢ Free Fall Leaf Pick-Up at City of Tigard occuxring on the first three weekends of November. Participants are also encouraged to bring canned-food donations. Adjournment The meeting adjouYned at 9:11 p.m. Motion by Councilox Woodruff, seconded by Councilor Harding, to adjoutn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Counalor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Counalor Woodruff Yes a erine eadey, City Record Attest: "e. MayoY, ty o TigaYd Date: iILA 'g v l.X IAetlm\cathy\ccm\2008\081024.COc Tigard City Council Minutes - October 24, 2006 11 STUDY SESSION AGENDA TIGARD CITY COUNCIL BUSINESS MEETING October 24, 2006 - 6:30 p.m. 13125 SW Hall Boulevard, Tigard, Oregon 6:30 PM • EXECUTNE SESSION: The Tigard City Council will go into Executive Session to discuss xeal property transaction negotiations and pending litigation with legal counsel under ORS 192.660(2)(e) and (h). All discussions are confidential and those present may disclose nothing fxom the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any infoxmation discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. • STUDY SESSION ➢ Review the Town Hall Audio/Visual Design Report from New World Audio/Video and Provide Staff with Dixection. • ADMINISTRATIVE ITEMS ➢ Tonight's Business Meeting: o Announcement: 5'' Tuesday meeting, which would have been on October 31 `t, has been cancelled. o Sue Wirick will give the Chambex of Commerce update during Citizen Communication ➢ National League of Cities Conference - December 5-10 in Reno. Check for attendance. Council Calendar October 31 Fifth Tuesday Council Meeting - CANCELLED November 10 Vetexan's Day Holiday - City offices closed 14 Joint Meeting with Lake Oswego City Council (at Lake Oswego) 21 Workshop Meeting, 6:30 p.m., RRCCR & Town Hall 23-24 Thanksgiving Holiday - Cit offices closed 28 Business Meeting, 6:30 p.m., RRCCR & Town Hall December 11 Goal Setting Meeting - 1-5 p.m.; Councilor Wilson's home 12 Business Meeting, 6:30 p.m., RRCCR & Town Hall 19 Business Meeting, 6:30 p.m., RRCCR & Town Hall 26 Council meeting cancelled. Executive Session - The Public Meetings Law authorizes govexning bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is c•lo.red to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, If the body has satisfied certain prerequisites. 192.660(2) (b) - Discipline of public officers and employees (unless affected person xequests to have an open hearing). 192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660(2) (e) - Real property transaction negotiations. 192.660 (2) - Exempt public records - to consider xecords that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660 (2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff inember unless the affected peYSOn requests an open hearing. The standards, criteria and poliry directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportuniry for public comment. 192.660 (2) Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the Yeview and approval of pYOgrams relating to security. Agenda Item No. d, le-u; Meeting of Ocf - a y a o a~ ; ` - - - - J COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Review the Town Hall Audio/Video System Design Report From New Woild Audio Video and Provride Staff with Direction Prepared By: Robert Sesnon Dept Head Approval: ~u City Mgr Approval: t/1 ISSUE BEFORE THE COUNCIL Review the Town Hall Audio/Video System Design Report from New Woxld Audio Video and provide staff with duecrion. STAFF RECOMMENDATION None KEY FACTS AND INFORMATION SUMMARY During the City Council woYkshop meeting in August the Council heaid a presentation from Mc. Lon Cud), with NeNv World Audio Video regarding oprions to improve the sound and video quality of Town Hall. At that meeting Mr. Cudy ieceived input from the Council and staff. The attached System Design Report from the consultant addcesses these comtnents and presents several recomrnendations and oprions. The cost of these recorrunendations ranges froin $83,775 to $156,500. The total amount budgeted foY these upgrades is $84,200, including $1,200 for a digital confeience xecordeY. Staff will ineet with the consultant prior to meeting to review and analyze the report recommendations. In addition, Mr. Cudy will be available during the City Council meeting to discuss the report and address the various optioiis and his iecorivnendations. OTHER ALTERNATIVES CONSIDERED No alternatives have been considered. CITY COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Improve Cotntnurucarion and Relationship with Citizens ATTACHMENT LIST Systein Desigri Report from Consultant New World Audio Video. FISCAL NOTES ~ The total cost of the consultant's recommendations ranges from $83,775 to $156,500. The total amount budgeted for the upgrades is $84,200, including $1,200 for a digital conference recorder. I:1adm1calhyVormslwebleamlais • cCtla - juna 08.doc . I N ew W or l d Aud i o V i deo Re~~sed 9~06~06 Prepared for: Gary Ehrenfeld 4390 SW Schol I s Ferry Rd: Portland OR. 97225 City of Tigard > Project: Town Hall • 503.415.9289 AudioNideo, Presentation system. WWW.newworldav.00rY1 Design Proposal ,s Audio, Video and Contrd 9ystems Desgn, Engineering, Consulting. Lon Cudy: '~rstems Engineer City of Tigard Attn: Gary Ehrenfeld 13125 SW Hall Blvd. REVISED 9/06/06 Tigard, OR 97223 503.639.4171 7ary a,ti 1rd-or. o~v SYSTEM .DESIGN REPORT Thaiilc you for allowing New World AV to provide you with this report. Based on our experience and information provided, this report is an exposition of design, engineering and equipment intended to upgrade the Audio/Video, Presentation system in the City of Tigard "Town Hall". Preliminary Design My intent is to provide technology solutions with minimal impact to the architectural features of the room. 7'he design premise is simple, easy to use, low maintenance, flexible multipurpose systems to allow for many different seating and public configurations. Please review this document and deterrnine if all your needs have been addressed. Recommend appropriate AV & Control Systems with respect to, but not limited to, the following initial criteria: • Program audio system • Speech reinforcement system • Control Systems • Projection system • Electric screen • Monitoring capabilities • Recording ability, Digital audio/video courtroom recording • Distribution to and reception from local CCTV • Wired & wireless mics • High resolution document camera • Press Feed • CD, DVD and VCR capabilities • Overflow environments New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 pagel www.newworldav.com 503.415.9289 Revised 9/06/06 Prepared for: City of Tigard Project: Town Hall AudioNideo, Presentation system. Da-lite Tension Contour Electrol projection screen. Mounted on the front wall at 15ft. above floor. The image size will be 84" high and 112" wide. At 4;3 ratio. Controlled by the main control panel and /or optional ~wall switch. (Photo shows black, available in white). Screen Equipment cost estimate: $ 3,400 Options: Lesser screen quality is not recommended. Optional lesser screen cost: $ 2,200 Conduit and hi2h voltage installation The projection screen and projector will require 120VAC. This will require an electrical contractor to supply and install. Also this project will require audio/video conduit pathways. Note: I recommend you purchase and install the projection screen, install A/V conduit pathways and install projector shelf before the A/V contractor bid process. This will save down time in the room and provide for accurate bid estimating. Also, if the A/V contractor is used to supply and manage this, it will add to the overall cost. New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page2 www.newworldav.com 503.415.9289 Revised 9/06/06 Prepared for: City of Tigazd Project: Town Hall AudioNideo, Presentation system. 7000+ ansi lumen LCD projector mounted on shelf at 15ft above floor on back wall. (Above main ent r y door). Native resolution 1024 x 768. ~~~Y•~ Proiector Equipment cost estimate: $ 14,000 Options: Lesser projector brightness is possible, but will affect image quality. You will notice a big difference in natural ambient light conditions. You will need to dim the lights significantly and apply any window shades to accommodate a lesser brightness projector. Optional Lesser projector brightness cost: $ 8,000 Note: I recommend you purchase this item separately from the A/V contractor bid process. Many audio visual contractors will charge full list price on this type of equipment. Note: If you purchase any high price tag items outside of the A/V contractor bid process you will save significant costs. New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page3 www.newworldav.com 503.415.9289 s Revised 9/06/06 Prepared for: City of Tigard Project: Town Hall , AudioNideo, Presentation system. 't k~,~ 3~~ T .'.',~1 ~ "3~''~ ~ L 3 y;`,"'~ : . Audio system upgrade. Replace speakers, assisted listening system (This can double as a language translation delivery device), power amplifiers and audio control system. Also allows for telephone conference. . ~i ~ F ~ - I • ~ ~ , ~~~~~P ~ r~~, , ~ ~ ; ~ M ~ ♦ -v.,w r,',~ Audio Svstem Upgrade Equipment cost estimate: $ 16,000 Options: Remove new Assisted Listen system Remove Telephone conference system, Reduce the number of audio inputs for future availability. Optional Lesser Audio system cost: $ 11,000 New Warld Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page4 www.newworldav.com 503.415.9289 Revised 9/06/06 Prepared for: City of Tigard Project: Town Hall Audio/Video, Presentation system. Clerk/Recorder station. This is the place for digital audio/video court recording, annotating and playback. x tR Co »cif Cou cil Council Cou cil Co ncil ~ .n~ r- ~ Mo bcr Mcm er Mumbar Mam ar Moi bur Cterk Pu IiC hr:ir»Cier Mt+raabt~t A~o=~tbos ~"anr,er V~tct t r D4tay m Pts'oi;C S(3e2'oct `T'EmEtr PuhiC Vote DeS{ai3y V Digital court recording Equipment & Software cost estimate: $ 7,000 This allows for qty.l clerk/recorder computer and FTR software. Audio, Video recording to hard drive and meeting notation only. (This does NOT provide a voting system or managed streaming playback) Options: See Granicus Software below. ADD $ 8,000 to $50,000 New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page5 www.newworldav.com 503.415.9289 Revised 9/06/06 Prepared for: City of Tigard Project: Town Hall AudioNideo, Presentation system. The main control panel is a desktop touch screen with easy to use buttons for controlling the presentation system and more. Functions include: system on/off, , j. screen up/down, source switching, microphone and ; ; ~ „ t , ~ ~ µ ~ program audio volume. The source switcher allows the room projector and council LCD panels to display i'LS ~ laptop, document camera, DVD, cable broadcast and other video sources. Audio is automatically switched. `-r (Picture shows basic design touch panel, make and model TBD). ~ Main Control Panel Equipment & Software cost estimate: $ 5,000 + programming labor estimate $ 000 This allows for qty.l Control system main frame, peripheral devices, touch panel and software. . Advantages are: Provides control fi om any allowed computer over network, provides individual microphone control, provides transport controls for video playback devices, and provides unlimited control possibilities for the future. Note: This panel provides sophisticated audio and video control. Any lesser system will require an operator to do more inanual and complicated functions. Options: Desktop button panel. This will provide ~ a:limited switching and volume control from desktop buttons. Optional Lesser Desktop r J~~~.. ; button panel cost: $ 1,500 + programming $ 2,000 New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page6 www.newworldav.com 503.415.9289 Revised 9/06/06 Prepared for: City of Tigard Project: Town Hall AudioNideo, Presentation system. Council member stations. r ~ ~ , n'3 f 'y I~ p I' City of Tigard laptops or computers roucHSYSrf,Vs , c rr . d~ . . vx.6:«2i.M«nM • . Each station is equipped with a low profile 15"LCD touch screen. This allows the viewing of any input selected at the main control and matches what is shown on the projector. Each station will have a switch for selecting an individual laptop or local computer. The touch screens may be programmed for special needs in the future. Council and Mavor station Equipment touch panel estimate: $ 700ea panel 400 hardware per station. Advantages are: The stations will be completely wired for any thing in the future. Option "A": Replace touch panel with standard 15" LCD deslctop monitors. Option "A" Lesser monitor cost: $ 225ea panel+ $ 400 hardwai•e per station. Option "B": Remove laptop input /local hardware switch device. Note: This option only provides for a local monitor. NO other laptop or computer inputs will be located at the council stations. Option "B" Less laptop input/ local switch device cost: $400ea. New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page7 www.newworldav.com 503.415.9289 Revised 9/06/06 Prepared for: City of Tigard Project: Town Hall AudioNideo, Presentation system. Council member station microphones. Audio Technica desk stand allows for any microphone-to plug in. It includes a programmable button for push to talk with indicator ~ * . y~ light. k F~. . . Y f ~ t#.%E ~ . ? Audio Technica AT892c-TH head worn microphone ~N14 will plug into each desk stand and allows far ~ convenient push to talk button placement. Optional gooseneck microphones. n 4 r` ^ x n Microphone Svstem Upgrade Equipment cost estimate: $ 400ea Headworn microphone $ 200ea Mic Base W/Switch Advantages are: Provides superior audio quality, ensures all participants are recorded accurately. The mic base has a programmable switch allowing many control configurations. Options: Replace headworn mic with gooseneck microphone. Optional Gooseneck Microphone cost: $ 300ea New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page8 www.newworldav.com 503.415.9289 Revised 9/06/06 Prepared for: City of Tigard Project: Town Hall AudioNideo, Presentation system. Microphone details. 3~ ~ , h•~>i+~ f w . . yy . ~<'b i IAJ ae'~;K~ . i~. ~'a~~• ~g~ @~ ~°a~ S~ ..i.~~T'. . , ' tl~~~l` tsabaa 2. ~ t. AT892c-TH MicroSetTM Introducing a giant stride in the technology of inconspicuous sound. With a capsule diameter of just 2.5 mm, the new MicroSet provides the ultimate in low-profile, high- performance audio. This innovative omnidirectional condenser headworn mic offers an ergonomic under-ear design: its flexible, lightweight contoured loop hoolcs behind either ear for an ultra-secure, comfortable fit with or without glasses. • The new quality/wearability standard for micro headset technology • Inconspicuous, lightweight headset is ideal for applications requiring minimum visibility • Ergonomic under-ear design-flexible, lightweight contoured loop hooks behind the ear for an ultra-secure, comfortable fit with or without glasses • Industry-standard sound quality-extremely intelligible natural audio for stage and television talent, lecturers and houses of worship • Rugged construction designed to meet the challenges of day-to-day use in production and theater settings New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page9 www.newworldav.com 503.415.9289 P Revised 9/06/06 Prepared for: City of Tigard Project: Town Hall AudioNideo, Presentation system. Presenter station. This desktop input box allows for laptop, document camera and standard video input. It can be positioned on any desk top and has a cable harness connected to the floor box in center of room. The inputs are controlled by the main touch screen and include audio. This can include a countdown timer connection. ~ Presenter station A/V input Equipment cost estimate: $ 3,200 Advantages are: This is the main input for the presenter station at the deslc. Options: Reducing the functionality of this station is NOT recommended Presenter station microphones The presenter station has 2 wired desktop microphone staiids with long ' - gooseneck microphones. , . ~ ~ LL Equipment cost: $ 300ea Gooseneck microphone . $ 200ea Mic Base W/Switch , i Y :J Wireless microphoiles with desktop •%'~z stands allow for easy placement and flexible seating arrangements. h. . .l Equipment cost: $ 450ea wireless mic and mic stand ~ k~ y¢ A New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 pagel0 www.newworldav.com 503.415.9289 Revised 9/06/06 Prepared for: City of Tigard Project: Town Hall AudioNideo, Presentation system. .Wolfvision VZ-27 desktop visualizer and document camera. This will be mounted on a rolling cart. It allows for any object to be ~~C+r viewed on the monitor system. It can be used for many different functions and can plug into other VGA/video monitors. WolfVision Visualizers are recognized worldwide as the highest quality document cameras. WolfVision Visualizers are used for displaying material in presentations, training, education/teaching, courtroorns, video- conferencing, 3D scanning, telemedicine and broadcasting. They are recognized for their great image reproduction and resolution, accurate colors and ideal control of lighting. They are designed to easily and accurately capture any kind of material to be displayed, whether it is written material on paper or transparency, x-rays, 3-dimensional objects and even items or people in a room. The unique light system of the Professional series greatly improves the overall picture quality, especially when working with 3-dimensional objects. It allows for shadow free illumination, illumination of hollow objects and exceptional depth of focus. The motorized arm and mirror allow users convenient scrolling of documents with the Visualizer's remote control Presenter station desktop visualizer and document camera Equipment and labor cost estimate: $ 9,000 Advantages are: This unit will be cart mounted and available for use in other room and meetings. This unit offers a camera that can substitute for a TVCTV broadcast camera. It is able to record people and meetings on the clerk/recorder station with out a TVCTV operator. No other document camera in this price range can equal the VZ-27. Document Camera prices: $1,000 to $ 20,000 Options: I recommend you purchase this item separately from the A/V contractor bid process. Many audio visual contractors will charge full list price on this type of equipment. Note: If you purchase any high price tag items outside of the A/V contractor bid process you will save significant costs. New World Audio Video 4390 SW Scholls Ferryrd. Portland OR. 97225 pagel 1 www.newworldav.com 503.415.9289 Revised 9/06/06 Prepared for: City of Tigard Project: Town Hall AudioNideo, Presentation system. Remote press feed and viewing stations. . f ,~H~^ .~i'•r r },~~N~'. ~y'I<f ~'.X~ y. Ir • y M ~g~. ic~ 4 f J ~'i' {T. vn. £ t KIM J, This is a wireless, compact and portable press feed. It is very versatile and easY to use. AdditionallY, it is designed for remote WAAF/ viewing of any Town Hall broadcast. It can be placed; anywhere Mf FAIW there is a standard power outlet (120vac). It has a wireless range of 200ft. Users will receive broadcast quality audio and video. This unit will provide an audio/video feed for connecting to other projectors or TV for overflow environments. It includes an 8" LCD panel, headphones and speakers. It is housed in a light weight portable rack case. Remote press feed and viewing station. ; Equipment and labor cost estimate: $ 6,000 Advantages are: This unit is very portable, allows visiting press to set up anywhere, requires no programming, allow people not in the Town Hall to view the live meeting/presentation. , Options: Install conduit, wires and hardware devices at any/all the places you may need. This is NOT recommended and may cost $23000 to $4,000 per location. New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 pagel2 www.newworldav.coin 503.415.9289 Revised 9/06/06 Prepared for: City of Tigard Project: Town Hall AudioNideo, Presentation system. • AUDIO/VIDEO MONITOR IN BACK ROOM • Allows for viewers to monitor the broadcast presentation • Includes a 20" LCD monitor mounted on the wall • Includes audio speakers w/volume control on wall , ~ +6L + 4 17 ~J~,~r ~P .~.~.i+~ 7 1 . , ..._.«i +......e.-....I. p , - Y X *fi . ~~~P . .1~ 'es. `n } i x -~.twv' my!i:'„ Remote back room viewing station. Equipment and labor cost estimate: $ 2,000 Advantages are: This unit allows a dedicated wall monitor and speakers. People can monitor the live meeting while waiting in the backroom for their agenda time. (May also be used for local computer monitor, archive playback and other information services. More equipment may be needed) New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 pagel3 www.newworldav.com 503.415.9289 Revised 9/06/06 Prepared for: City of Tigard Project: Town Hall AudioNideo, Presentation system. Optional Presenter station. ~N; • F ~ C ~ . m 3. Ma yw T~a¢,¢ r This kind of station adds a nice look and style to a room. It can house most A/V equipment if needed. This station can roll away for different room configuratious. • PRESENTATION LECTURN • ADDS $ 4,000 to $ 10,000 equipment • ADDS 2,000 TO $4,000 IN LABOR Video Conference. • VIDEO CONFERENCE • Allows for live video, audio and content communication • ADDS $ 8,000 to $ 30,000 Equipment • ADDS 4,000 TO $6,000 IN LABOR • Requires network bandwidth • May requires camera operators New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 pagel4 www.newworldav.com 503.415.9289 Revised 9/06/06 Prepared for: City of Tigard Project: Town Hall AudioNideo, Presentation system. graCl1CUS" fow'T'heRecord . For The Record (FTR) vs Granicus This is a brief comparison for digital audio/video court recording, annotating and playback. BOthoffer the same basic audio/video court recording, annotating and playback. This is usually controlled by the clerk from a computer or touch screen. The system uses tape recorder style buttons on the screen for recording and playback. This system records exactly the broadcast on the public TVTV. (Or other special a/v) At the same time record notes, date and time are recorded and stored on local computer. FTR offers 4 digital audio tracks, local network file sharing, save files in multiple formats. Computer hardware estimated cost: $ 3,750.00 Computer software estimated cost: $ 3,500.00 Granicus offers webcasting solutions provide local government with the ability to deliver public meetings, service announcements, education content and video training through the Internet, live or on-demand. Deliver public information quiclcly witli rich media lilce minutes, reports, agenda and more all synchronized with the video/audio content. Software cost and managed services are based on population of local jurisdiction. Computer hardware estimated cost: $3,000 to $10,000 Pending optiol:s. Computer Software estimated cost: $ 8,000 to $100,000 Granicus managed services estimated cost: $700 to $ 3,000 per month See more info below. New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 pagel5 www.newworldav.coin 503.415.9289 Revised 9/06/06 Prepared for: City of Tigard Project: Town Hall AudioNideo, Presentation system. Fc►rThe'Record FTR Log Notes Features Notes create time stamps that link directly to specific segments of recorded proceeding: Powerful internal search engine helps find specific words and phrases User-definable glossaries, picklists and "hot-keys" for faster data entry Log sheets can be merged while retaining identities of individual sets of notes Includes FTR Player Plus, which features easy-to-user, "tape recorder-style" controls IncludesWOrdLinkTM which offers you the option of creating notes in Word Includes Microsoft VBA so you can customize FTR Log Notes to meet your court's specific needs Compliant with accessibility requirements for disabied users (Section 508 in USA) Benefits FTR Log Notes Offers You Take notes before, during and after a proceeding and synchronize notes with the recorded audio, even if you weren't connected to the court network when you took the notes. Search all log sheets to locate specific case information by event, case or speaker Search specific log sheets for events, speakers and notes Create private notes and store them in location with restricted access Use glossaries, picklists and user-definable "hot keys" to automate data entry Share notes and linked audio across a network Use WordLinkTM to create notes in Microsoft Word ~ ~ . ~ SY"`^1 ~ ° , ~ ' 'Q: 1,12112002 ~ • • . : City Court 9 ~•i Time • . o . a ; 11 17:38 AM ; 'Case Called ~ ~ a ~ 11,.17_55 AM ;Ms Wright ;App 6egins submissions + ...__w_.~. ~ 11:18_36AM jMr Knot •Resp begins submissions . . m__. . . . . _~..._.._r ......................p...._ a x 11 • 19~ 17 AM l Clerk of Courts WVitness called ~ ~ . ,..M,., . . ; 11 20:23 AM Mrs Wriglit -Begins 3CN , } _ _ 11:2,1.29 AM Mr Knot 'Begins ?CXN . i. _ . , . " : _ ~ _ . . . . . . . . . . . t ' R 11:23:15 AM ;Clerk of CourtSVVitness excused , . _ , ~ 3 ~ § ~ .;*i.""'*°",-`~c^r--- ; z~r.~-..~,~r~ ~..~c,~es^"n"~rn"""•;; }y T""~y'^:~a~rr~~i*,~~°`h#~r*a . , ~ . ~.n.,, , » . - - . ~ • t~ ~x - . , ~ w..,.. . New World Audio Video 4390 SW Scholis Ferry rd. Portland OR. 97225 pagel6 www.newworldav.com 503.415.9289 Revised 9/06/06 Prepared for: City of Tigard Project: Town Hall AudioNideo, Presentation system. ~ ForTN+eRecord What is TheRecord PlayerM? TheRecord PlayerT"' is used to play back, duplicate and share audio and video recorded by TheRecord 12eporterTM, our digital court recording solution. Although its audio and video play back features are the most advanced available, the "tape recorder-like" features and functions of TheRecord Player are easy to understand and learn. TheRecord Player gives you complete control of the play back process. You can review an entire proceeding or pinpoint specific segments, increase or decrease the master volume or the volume of individual channels, and isolate individual channels-- all without fast forwarding or rewinding a single cassette. TheRecord Player is available as a FREE DOWNLOAD from the FTR web site. , F~. '..;p . . . . 1 . Court 2~_M~ - ~ `~CUi2RE?aT PLAY'TIHE~'~ :OiO2004 A}. , .k A j adss~.. ~S +enc 4 •:P'.4:~a~ ~ N' /.~34''' ; # V ~ x $ • ` ~ ~ rrt.n d ,G : ! "~Q ,1'b"'~A~~","'§, ~ g ° rY~- ° Cb` „d'r, ~ ~ IW6 New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 pagel7 www.newworldav.com 503.415.9289 Revised 9/06/06 Prepared for: City of Tigard Project: Town Hall AudioNideo, Presentation system. ra~,e::~swsw''~~ . graC11CUS' h~"r, w••r.www..a..waaa Granicus webcasting solutions provide local nW; government with the ability to deliver public 4° meetings, service announcements, education content ,y- and video training through the Internet, live or on- demand. Deliver public information quickly with rich media like minutes, rePorts, agenda and more all synchronized with the video/audio content. • 4F, . ~ ~ . , w Publish recorded files live and as searchable archives that can be used for efficient long-term record keeping. Searchable archives allow any meeting or any section of a meeting to be retrieved using a simple keyword search, lilce any popular search engine, such as "Google". • Public Meetings Automatically and cost effectively Webcast public meetings which have minutes and documents linked to key agenda items. Index webcasts to agenda items, include closed captioning and search archived meetings, by keyword. • Public Information A powerful way to webcast information to constituents, who can access content rich files at anytime, without having to contact city staff. Provide for large heavy . traffic loads without buying additional bandwidth. Separate infornlation by city or county departments or groups such as; planning, council, or parks. • On-Demand Training Provide interactive training by department or agency wide and test for knowledge retention. On-demand training allows users to learn at their pace and includes slides, Q&A, and live interaction with training course instructors. • Services Granicus provides local government 24 hours, 365 days a year monitoring, free software upgrades, unlimited bandwidth and storage for all our requirements. Plus added services to transfer existing video/audio and documents to content suitable for archiving on your web site. New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 pagel8 www.newworldav.com 503.415.9289 Revised 9/06/06 Prepared for: City of Tigard Project: Town Hall Audio/Video, Presentation system. granicus• Vitirn. T7pcs, CDIDVd Wdce ,Nai A~d,a !rom c amzz4,xa. vidootasatmr,s. at corntm dexo etc sapivx.,,::i n-l r,.rse»arkcs6 ta p4narUUlt 4'AnNa.Vs merf'ie format. , 4, ; 6,~,~ flutrast" Encoder ~~'~~q Cpnvatavcnir~iutlaaSWedu~nalGStcrQigi~ai. -I. d.lica uaGh Yfuntlarwn 2.Sr.dza torreat rnadp hi~ ~ ~ - . . . . . . . y.::^-.. Y' . C. z ~ r • + MidiaCetttc.rY4, ~ nYo:.,q m,asrrtzabr fmciera,r.,ms ' 6nd diSir,iwlxs a~r° n,~etats:btc+r: cnt ; °-`t' tan en~ cra~i~^ ovm ttaa inte~aaa. { y 0.1ce9~rtGen:oi+seni~.~sorwa=r.~ras q" '.Q~ . Adth cr A! t,4~.ddit•7~b M Yar nIl ~'.d74k . t. . . S~ 1 ~ : .,r~ . ~,.5 anrKr~nm.kcap~~sU+et+~ ~ . ,aquitMmar+;L Iq +a ' miAmtum. . . . ,.."`,w_ Pvir.diaVault" " StreamRepticator" Ve+r:,4.3 WrV,:orm uda.vu ' Pawicetrsa Uva tWanttcsaax ta erd mnncgarnons a! vac.sa~s wan;a) your natwmak.. 3 4'. P--- ~ i~. acui:~:w:d+n. e~ntf~+t.avNii~a ~ t~srauRicasllsctm+za&~iYa~kuusz ' i _ i t a. . Pu imir~~xl ormt:~ t~qn~Nqd1 W ~vaitt~siir+~i~ ~ =a~ ~ - # . ~a~~~ , • X Waa~lMnCa~~lr,c,:tiric~ auaanxli4n. .'~~~""`~:`"lY c`/ ~ ~r.; . . . !+"~.~'1}.n `~^k✓».« ur`.Y'. tarcrnecfwrccard ~ 1r,iew^iss`an f 4 Yti • 'S~ Public AcvesS ~ ~ ~ ~ 101 '`t ~ ~f~J~,r9' •.r ~ . rw.r ~ Itltetnal UsCrs ~ , New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 pagel9 www.newworldav.com 503.415.9289 Revised 9/06/06 Low range High ran.ge _ T'o~ta ~,~taltf o r e s t im a# e;s c~ r~,. „$5 004 000~~~ ~$5 0Q '0 00; rC o:mpute.r,-Vrde~o=Switchet S>cale ~ o re A/V,~-sup,p'ort dev:ices ,0~0,0 00,~," $5_0,00 OQ: ~FryoTection :screen tV e~ Tab tension High quality $3,+00.00 CProj ector i edium bri I M 6 >0 d -o ..9.h.t 5000, ansi Bright 7000 ansi lumens $1a,0'00.00 A.udio system~ main,frame Speaker_-~s, ,Ba;sic aud,io m a t r i x , am ps and, spe,akers~ $11 A00 OOj Adds assited listening, teleconf, future expansion $16,0;00.00 -~--atalCourt recordmg ~ 'Basiac Audio video nota;tion re~cordi,n,g~, ,,m~_,$7 000 061 Adds voting,public stream ing, m anaged services $11 ,000.00 ~Con'trols S,ys4temMain Panel~' ~Basic desktop,buttons_; $3,5~00 ~,0~0...~~ . . . .d,n...,...-«+ d . Adds m ain fram e, touch panel, unlim ited futu:re control $8,000.00 fQTY 7 Counci "777 Video Monrtor~ ~~1 _ iBasicr,l,5_m_onitor w,/laptop_inp_ut.4w~/swrtch , ~$4375'OOr Adds 15" touch screen a n d laptop/com puter switch $7,700.00 ~Q T Y7~C o'~u n c U S ta Cio n' M ic~ro~p h o'me s~ V~''~ 7 idesk.stan:d w/sw';itch_and~gooseneck m ic ~$~,3 r50,0.;00~ Desk stand, w/headworn m ic $4,2.00.00 _ 0 0 0 0~ ~2 XGA_viideo m p~utsw audio,-1 NTSC v~d e..o _ Sam e $3,2.00.00 [P;resenter°statioan, M icrop'ho~nes :7,-, 2 ooseneck m ics w~/mic base ._.9_ . _ ~ .~...w_~...~. ,.,,..A $:.1 Adds qty. 4 wireless mic w/stands $3,000.00 . , ~Doc-um ent Camera ~L.o,w,_gu.,ality,NTSC~,video ' ,,~~$1;y0~00 0'O~i , _ . . High Quality 1ccd camera and lights $9,000.00 ~Rem ote Pr e,ss feed and Uiewing kStabon jConduit;_c_ables _devic~,es _Press_feed„only____ 4 "000 00_; Adds wireless system press feed%viewing station $6,0700.00 iAudi Vio d'weo o Mo`nitor in backroo.m jLC'D m orritr an.w,ali w/volume c%o'"ntrol~ $2 "000 0`0> l Sam e $2,000.00 [L e t'e r n.F':u r n tt u r e, ` ~~-47 1 i; ~7 z ~ - T" Adds selected furniture_____... _ $4,000.00 Vid°eo Conferencing - 1 s t . ~ ___m_ Adds co plete video conference system $10,000.00 ESTIMATED TOTALS F_q,Q,;,79] $156,5;00.00 New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page20 www.newworldav.com 503.415.9289 Revised 9/06/06 Prepared for: City of Tigard Project: Town Hall AudioNideo, Presentation system. SUMMARY: • Dramatic improvements to all audio and video systems • Easy to use control systems • Convcnient, portable press feed and monitor station • LCD monitors and new microphones at all council stations • Presenter station with many available media inputs • High resolution document camera/ multi purpose camera system • Flexible multi-purpose equipment adapt to different room layouts • Large projection screen and very bright projector. • World class equipment offers many future expansion options • Estimated total equipment: $50k to $100k • Estimated total labor: $30k to $45k • Estimated Project total: $80k to $145k (Pending Granicus options) • Estimated Town Hall down time is 3 weeks for construction New World A/V is committed to improving how you present, receive and exchange important information in your communication and presentation environments. Please review this document and determine if all your needs have been addressed. Tlla nl:s, Lon Cudy New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page2l www.newworldav.com 503.415.9289 New W orld Audio Video Revised 9/18/06 4390 SW Schol I s Fer ry R d. Prepared for: Gary Ehrenfeld ~~~d City of Tigard P , OR. 97225 Project: Town Hall 503.415.9289 AudioNideo, Presentation system. W W W. t'1eW W a,id1V.00m Design Proposal Audiq Video and Contrd 9ystems DesgR Engneering, Consulting Lon Cudy: 9ystemsErxjneer City of Tigazd Attn: Gary Ehrenfeld 13125 SW Hall Blvd. SUPPLEMENT TO 9/07/06 Tigard, OR 97223 503.639.4171 gary@ti ar~ d_or•gov SYSTEM DESIGN REPORT The following page is designed to clarify the priority list and options presented in the preliminary design report dated 9/07/06 New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 pagel www.newworldav.com 503.415.9289 . • • Low range hign range Total Labor estimates _$30,000.00 _ $45,000.0 0 J Computer, Video Switcher Scaler $5,000.00 $5,000.00 ~ ore AN support devices $5,000.00 - - -$5,000.00 projection screen ~ Non-Tab tension $2,200.00, Tab tension High quality $3,400.00 • ~ Projector - - - - , 'Medium bright 5000 ansi lumen $0000.00; / Bright 7000 ansi lumens $14,000.00 IAudio system main frame,Speakers,Amps , Basic audio matrix, amps and speakers $11,000.00; Adds assited listening, teleconf, future expansion $16,000.00 FQTY. 7 Council Station Video Monitor X qy. 7 'Basic 15" monitor, w/laptop input, w/switch $4,375.00' X qy. 7 Adds 15" touch screen and laptop/computer switch $7,700.00 ;QTY. 7 Council Station Microphones i X qy. 7 desk stand w/switch and gooseneck mic $3,500.001, X qy. 7 Desk stand w/headwom mic $4,200.00 ~ Presenter Station AN input ~2 XGA video inputs w audio, 1 NTSC video $3,206.00; Same $3,200.00 jPresenter station Microphones ~ ;2 gooseneck mics w/mic base $1,000.00 Adds qry. 4 wireless mic w/stands $3,000.00 j Digital Court recording ~ Basic Audio, video notation recording $7,000.00: Adds voting,public streaming, managed services $11,000.00 ~Controls System Main Panel ~ iBasic desktop buttons $3,500.00; Adds main frame, touch panel, unlimited future control $8,000.00 BASIC SYSTEM ESTIMATE $83 775.00 $125 500.00 OPTIONS Document Camera ~ I_ iLow quality NTSC video $1,000.00! High Qualiry lccd camera and lights $9,000.00 ~mote Press feed and Viewing Station ~ iConduit, cables, devices. Press feed only $4,000.00~ Adds wireless system press feed/viewing station $6,000.00 [Audio, Video Monitor in back room j ~LCD monitor an wall, w/volume control $2,000.60i Same $2,000.00 ~Lectem Furniture ~ I - $0.00' Adds selected furniture $4,000.00 - - - - - Video Conferencing 1 $0.00'; • Adds complete video conference system $10,000.00 New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page2 www.newworldav.com 503.415.9289 ~ ~m Sio~ _ = MEMORAN UM TIGARD TO: Council FROM: Tom Coffee, CD Director RE: MTIP Public Involvement Strategy DATE: 10/24/06 On September 30th , TPAC adopted a First Cut or 150% (of anticipated federal dollars) List, containing 67 projects. Both Tigard-sponsored project proposals, Main Street Greenstreets and transit center planning, are included on the list. Another first round survivor is the Metro-sponsored Westside Trail, formerly known as the Powerline Trail, master planning project. This project's $335,000 work scope, includes master planning the missing Tigard and Tigard to Tualatin River segments of the trail, among other gaps. The week of October 9ih Metro Council reviewed, and JPACT released, the First Cut List for public comment. The public comment period runs from October 13ih to December 1st. During this six-week period, public comment opportunities will include a telephone hot line, a webpage comment feature, and letters or written communications. It also will include four so-called listening posts, where JPACT representatives will accept testimony (time limit 3 minutes per speaker) from anyone wishing to provide comments. The four listening posts are a formal opportunity to address JPACT regaxding individual projects and include one Westside Listening Post. 5-8 PM, Monday, November 13ih in the Beaverton Community Center, 12350 SW Sth Street. In January, after a Metro Council policy discussion and direction on narrowing the First Cut List, JPACT will decide on a Final Cut list. Strategy for Supporting Tigard Project Proposals Now that all three MTIP projects within Tigard have been carried forward for further consideration and public review, how can the City be involved in promoting these projects? More specifically, how can the City influence the project selection process as JPACT moves from the 150% to the 100% or Final Cut List? . T Both Council and the community can play important roles in supporting the three projects in question. Council: According to Metro staff, Council's June 30, 2006, resolution authorizing the submittal of the Tigard-sponsored projects is "more than adequate to reflect Council's priorities" and no new resolution is needed. There are at least three additional ways for Council to support or politic on behalf of the Tigard-related MTIP projects: a formal letter to JPACT, public testimony at the previously mentioned Westside Listening Post, and personal communications with the two Washington Counry JPACT representatives,.Beaverton Mayor Rob Drake and County Coinrrussioner Roy Rogers, and with Metro Council District 3 representative, Carl Hosticka. In order not to "dilute the message", staff recommends that Council communication efforts focus on the two Downtown or Tigard-specific projects. At the same time, community public involvement efforts could focus on all three Tigard-related projects, since each project may have its own constituency. That is, trail supporters, transit supporters, and greenstreet supporters are ]ikely to include both overlapping and project-specific advocates in the Tigard ' community. Presumably, downtown supporters would form a large overlapping group in support of both downtown projects. A letter from Council to JPACT in support of the projects during the public comment period is an opportunity for Council to weigh in on, and go on the official record in support of the Tigard projects and also is an action highly recommended by Metro staff. Providing testimony during the Westside Listening Post on November 13th is an opportunity for Council to address JPACT in person about the merits and importance to Tigard of the downtown projects. In the opinion of one MTIP staff person, addressing JPACT clirectly at one of the listening posts carries more impact than does submitting comments by phone, web, or mail. Of key importance also is the opportunity to influence decision makers through personal or one-on-one communications with the two Washington County JPACT representatives. The aim of these informal communications should be to ensure that the two representatives are aware of the importance to Tigard of the downtown projects as well as the importance of equity as a factor in the distribution of MTIP funds, that is, of the unportant idea that a proportional share of the money should be allocated to Washington County projects. Another aim should be to ensure that the representatives are educated about the details of the Tigard-sponsored projects. The reason is that JPACT members will not receive full copies of the Tigard, or any other of the 67 project applicarions. Instead, they will receive a report containing short suinmaries of each project prepared by Metro staff. As the only two Washington County representatives with "seats at the table," it is important to attempt to - r ensure that these two JPACT representatives are fully informed about the Tigard projects and have the background detail they need to answer questions or concerns about the projects raised by other cominittee members during and outside of formal deliberations and, should they choose to do so, to actively support or advocate on behalf of the Tigard projects. Because their time is limited, staff recommends that the personal written communications to the two public officials include a separate one- or two-page fact sheet listing the key points related to each project. Mobilizing the Public Tigard residents should be rallied to submit comments endorsing all three Tigard projects currently in-play and encouraged to attend the November 13th Listening Post. The aim of their efforts should be to demonstrate grassroots or broad support for the projects in the community. According to other sponsors, the rule here is "the more support the better." At the same time, the quality of letters and other communications is important. Letters from both group representatives and "real" people with personal stories to tell are the most persuasive. Letters tend to carry more weight than MTIP webpage comments. These should be sent to and packaged by the City for forwaxding to JPACT and Metro Council. A starting point for engaging the public and mobilizing support is the Tigard webpage and City.rcape. The webpage, of course, can be used to activate community support on behalf of the projects much more quickly than the printed City newsletter. A web story could be linked to the project proposals and hyper-linked to the Metro MTIP public comment page to facilitate comments. Staff should prepare and submit stories to the editors of these two City oudets. The Community Connector weekly e-newsletter is another outlet for informing the community about the need for "all hands on deck" and for active, community-wide participation in the MTIP process. Direcdy affected groups, such as the CCAC, Transportation Priorities Corrunittee, Paxk and Recreation Board, and Downtown Merchants Association as well as other stakeholder groups, such as the Chamber of Commerce, also should be encouraged to submit cornments. These comments should be in the form of a letter on behalf of the group, plus individual member letters containing personal stories. As alluded to before, the theme of these stories usually would be about shopping or recreating in Downtown, using Commuter rail, providing an identity for the City, or walking or jogging on the Westside trail. The Westside Listening Post is another involvement opportunity that citizens should be encouraged to use. Comments should be submitted in writing to ensure that oral testimony is accurately recorded. Tips from other sponsors are that staff should prepare a"play sheet" that tells people how the meeting is organized and what happens at the listening post. This boils down to get there early and fill out a comment request card. ~ However the City goes about turning out people for the listening post, the unportant point is to demonstrate broad based community support. The audience is JPACT and Metro Council and, as noted, the more people in the record the better. According to Metro staff, all of this support counts at this level of the MTIP decision making process. The final public comment opportunity is a February Metro Council hearing on the Final List. Summary of Public Involvement Strateg~ Council: • personal letters and fact sheets to Roy Rogers, Rob Drake and Carl Hosticka, week of 10/23 • letter to JPACT supporting two downtown projects, week of 10/30 • Listening Post testimony, 11 /13 • Metro Council testimony, 2/07 Public • General public letters, phone hotline, and MTIP webpage comments in support of downtown and trail projects, 11/13 -12/01 • Letters from group chairs, personal letters from group members, 10/23 -12/1 • Listening Post testimony, 11/13 • Metro Council testimony, 2/07 Staff • Prepare fact sheets and sample letters • Press release and webpage story with links to applications and MTIP comment page • Cityscape story • Community Connector email • Solicit support from CCAC, CCAC Interested Parties, Streetscape Design Committee, Transportation Priorities Corrunittee, Park and Recreation Board • Solicit support from Downtown Merchants Association, Chamber of Commerce, other communiry groups gard Main Stree Retrofit • The Main Street Retrofit project provides engineering and construction of the southern half of Main Street in accordance with Tigard's new Downtown Streetscape Plan. The project redefines Main Street as a pedestrian-oriented, street; key featuxes include wide sidewalks, new street lighting, landscaping, new parking layout, and natural txeatment of stormwater as part of Metro's Green Street Standards • The Main Street Retrofit Project creates a more distinctive Town Center for Tigard, a high priority for Metro Regional Government, and ~ ,E) Tigard's goal of creating an identity 1 . for the Downtown. ~ • Main Street "green" features include - redirection of stormwater runoff from a piped system to use of infiltration ~ and detenrion devices adjacent to the curb. The "green" street design is part of Tigard's overall sustainabiliry/nature theme throughout the Downtown. • Streetscape design, which includes Main Street, is one of the key "catalyst projects" identified in the Tigard Downtown Improvement Plan intended to stimulate new development in the downtown. • The Main Street Retroftt is a listed project within the approved Urban Renewal Plan for powntown approved by City Council and Tigard voters in May 2006. • The Main Street Retrof t`t has broad public support, and was part of an extensive citizen and stakeholder involvement process that resulted in the formation of the Tigard Downtown Urban Renewal District. ~ • Downtown revitalization is the Tigard City Council's top policy priority for 2006. • The funding request is for $2,540,000 in MTIP grant dollars. The proposed Ciry conttibution is $500,000. gard Transit Cente ' edesig • The Tigard Transit Center is the hub of . five TriMet bus lines serving the Tigard ^ -r community and soon will be the hub of ' - Commuter rail serving Tigard. . The Tigard Transit Center Redesign _ will provide a master plan for the existing Transit center and surrounding - area to identify options for a public plaza, improved pedestrian circulation, and new development. . The Tigard Transit Center Redesign is intended to stimulate new investment in Downtown by building off the new ~ / Commuter Rail Station and showing what could be possible on the transit center site. • Traditionally, passenger rail has had the effect of spurring growth and development, especially in the area ~ around its stations. An upgraded Tigard Transit Center serving bus and ~ commuter rail passengers will serve to activate development within the Tigard Downtown and create a climate for investment. • The transit center site is located within the route of a green corridor identified in the Downtown Plan as extending from Hall Boulevard to Fanno Creek Park. 'I'his green concept will be incorporated into the Transit Center master planning. • Transit gets people out of their cars. As job growth continues to occur in Tigard and Washington County, as more and more people move to Tigard and the Westside continues to grow, and as gas prices continue to be high and unstable, the greater is the need for more and better transit service in our community. The Transzt Center Redesign Project supports this need. • The City of Tigard was awarded the 2005 Good Governance Award from the League of Cities for its citizen-centered, planning effort. The result was the Tigard Downtown Improvement Plan, which was inspired by the coming of commuter rail ~ to Downtown Tigard. ~ • Downtown revitalization is Tigard City Council's top policy priority for 2006. • The MTIP grant request is for $160,000; this represents the smallest grant request for the program. The Ciry's proposed grant match is $40,000. o2 ~ v6 Leun~~r COUNCIL REPORT CARD ~"L *Ratings 1-5 (1=Poor/5=Excellent) 1 1.5 2 2.5 3 3.5 4 4.5 5 ovExa SCORE PUBLIC IMAGE 1 2 8 1 15 2 3.6 TEAMWORK 3 1 10 1 11 2 3.4 POLICY MAKING 1 3 10 1 10 4 3.5 RELATIONS WITH STAFF 3 1 4 11 9 3.9 INFORMATION FLOW TO BOARDS & COMMITTEES 2 2 2 7 1 5 1 5 3.4 INFORMATION FLOW (EXTERNAL) 3 6 7 9 2 3 ADVISORY COMMITTEES 2 5 1 9 8 3 3.2 ATMOSPHERE 2 1 1 7 1 13 2 3.4 CITIZEN INVOLVEMENT 1 4 9 10 5 3:5 COUNCIL INVOLVEMENT 4 8 10 4 3.5 CONFIDENCE IN STAFF 3 8 11 4 3.6 CONDUCT OF COUNCIL MEETINGS 1 2 1 11 11 2 3.4 INTERGOVERNMENTAL RELATIONS (COUNCIL) 1 2 9 2 9 4 3.5 * Numbers below the ratings for each category reptesents the number of All cate- respondents who gave that rating; e.g., for "Public Image" one respondent gories gave a 1.5 rating, two respondents gave a 2 rating, eight respondents gave a 3 rating average = 3.$ and so on. 0' ` COUNCIL REPORT CARD COMMENTS 1. ACCOMPLISHMENTS: Communicated o enl about tax rates, lives within its financial means, lan to im rove downtown Parks, additional Police Officers Facilitating the library expansion to a new site with size for oux community. Beginnuig the downtown revitalization pxoject. Made a strong commitment to the DT plan, major committnent to effect the comp staff upgrade & giving definitive role to PC to direct process I think the Council has kept its collective cool in a fine manner in its dealings with the Bull Mtn issue Supported & maintain Tigard Public Library Stopping all the push to annex Bull Mtn Land (green space) acquisition, development of downtown area and pending road unprovement Renovating Fanno Creek trail off Ironwood Loop. Main Street xenewal program. Offering dog parks. New library. This City Council is making an effort to balance development with livabiliry. It seems like the developers have the upper hand though and no property is too small to subdivide. Cook Park trail and new bridge, Library Move on important matters related to livability Establishment of downtown urban renewal district, establishment of street utiliry fee, effort to annex Bull Mtn Passed our heritage tree program Concise goals and action plans, taken the high road xegarding the Bull Mm critics The work on the downtown plan. The continuing commitment to citizen involvement (good governance awards) Urban renewal passage, dog park development LibYary, downtown renewal plan Downtown plan to be a gxeat town center, new library Support of the downtown & urban renewal. Support of staff & acknowledgement of staff professionalism. Courteous to all who appear before the Council. Mai.ntain pressure on downtown plan. Even though I have not participated much I suspect I will disagree with parts of approved developments, it has been the Council that has driven this process. Provide a forum for a xaw citizen input on fifth Tuesdays. Even though there has been sparse input (I think because of lack of a decent citizen involvement program) City Council has stuck with the concept. Don't give up now. Hire a communiry development director with the skills to drive a comp plan revision to conclusion. I liked Jim Hendryx, but he and his staff just didn't move in an organized way to get the comp plan revised. I think the citizen participation effort on what is emerging is not what it should be and I am sure I will disagxee with elements of a revised comp plan and I disagree sometimes with Tom Coffee on both style and substance, he is a community development dixector with vision and enetgy. Pushing forwaxd on the downtown redevelopment Downtown plan, catalyst projects in CIP Move on important matters related to livabiliry Creation of Tigard's first urban xenewal district. Progress on downtown improvement 2. PUIRLIC IMAGE: Tigard residents vs. Bull Mm residents Other than Bull Mtn people and those that don't believe in government issue I don't think they're in the new a lot I think that the public generally doesn't give a_ about Tigard Ciry Council because City Council works on things which don't visibly affect people every day. Bull Mtn issues have given council a bad image. I think by and large citizen's hold-their Council in high regard 3. TEAMWORK: Most of the Council works together very well, one counselor does not seem to work well with the others. That person does not seem to want to be a consensus builder. I think the City Council is pretty much a place of 'Go along to get along'; with litde tolerance for difference of views or effort to dig out and expxess differing policy choices which would best benefit Tigard. I think that often decisions are made only in a general way and on flimsy basis - xarely does staff present different ossibilities - staff dominates olic detexmination. This is a 4-1 Council. Four members work well to ether, one does not. This resents challen es but on the whole, council does well. It seems awkward when staff and council don't agree ox council members don't agree - staff shouldn't expect council to always agree with them (confirmed) and it should be ok for councilors to "a xee or disa ree" and move on, Councilor Hardin is embarrassin 4. POLICY M.AKING: As above, I think city council is largely reactive to staff material with litde discussion of the larger policy questions. For an unproved performance, look at TV when the Lake Oswe o Ci Council is on air. The Council tends to et bo ed down but can ull itself u when necessa . This is axticulaxl challen i for Councilor Hazdin . This has im roved. Staff has a role here - to not brin the litde stuff to council. 5. RELATIONS WITH STAFF: I think it is excellent, much su erior to other 'urisdictions I have worked with. Because staff presents single alternatives (i.e. the final answer) very litde debate with staff occurs visible to the public. I think the feeling is one of 'compliance' on the part of staff, wanting to get thru another month and another paycheck, rathex than having council really draw out the expertise of staff and have si 'ficant discussion of alternatives. The Council made some very damaging comments early on -"staff is over paid and under worked" and, "staff doesn't know what the real woxld is like." The relationshi is comin back from that low oint but thexe is still some wariness. For the most art, I feel council members are fair and clear about what the ex ect. I feel res ected. 6. INFORMATION FLOW TO BOARDS & COMMITTEES: Yes, most of the time I can handle it all & have more uestions I believe staff tries hard to help boards do their job, but are consttained in presenting alternatives. There seems to be one answer and it is trying to get staff to really look at what is possible with a diffexent perspective. Perhaps the 'too much' to 'too litde' information problem arises because there is no early d.iscussion with the board as to what is the issue and what is needed to make a decision. Not too much information for me. 7. INF-ORMATION FLOW EXTERNAL : This is im rovin as time oes on. It is critical that Council reco 'ze the commitment of the volunteers I think that generally city council does share relevant info with boards but there are lots of issues and views that are not made available to boards. Staff is the primary means of communication to boards and they reflect the single line of action they feel city council will approve. City council should tell staff that the want alternative ideas to surface. Council seems to do litde communicating with Boards and Conunissions. Staff tries to keep Boards and Commissions informed but the Ciry needs to do better. The current s stem relies on staff visions. 8. ADVISORY COMMITTEES: Most are very effective. The issue with the CCAC xeally highlights how critical it is to give a cleax job description & rules or operation. All committees need b laws I feel that cuxrent advisory committees are largely staff driven both in agenda and in proposed action. They often operate without clear council direction on what issues to address. The rovide a face for citizen involvement but without much validation in the communi . Planned develo ment committee was structured to fail and the new code is weak. Committee was com osed of too man factions to be effective. We saw the CCAC blow-u . This is a roblem. Ho efull we are ettin better at this. For the most art they are formal and hard workin . Staff visions can la a role in kee in them on track. 9. ATMOSPHERE: Most of the time it is great They can move a little slow At board meetings, I think the atmosphere is one of citizen contribution but with a feeling that input different from staff pxoposals are not going to go very far. In order to get staff to move its position or explore alternatives it takes a'gang up' effoxt by board members. Too stiff and formal. The one that I am most familiar with is very frustrating. Staff tries to inform, engage, and generate interest, yet seems unsuccessful. When we ask the Board how we can do better, however, they always respond that everything is gYeat. Staff and citizens appaxendy see tlvngs quite differently, yet it is the staff that feels that things could be better. The meetings I attend are interesting and pxoductive. . 10. CITIZEN INVOLVEMENT: Opportuniry is there but most citizens don't care The Ciryscape & website do a great job. Information is available if they look for it. Ciryscape is okay but I don't think many citizens really get involved Staff makes a real effort to convey city council actions to the public via Cityscape of course it is colored to hide alternative views and alternative policies but it is good to the extent that it gets to peoples homes. On the other hand citizen involvement CCI and its evolution to neighborhood associations) lags badly. City Council and the City provide a lot of information in a wide variery of ways. Citizens don't listen unril something impacts them direcdy in a negative way, and then they complain that the City doesn't communicate. Communication and involvement is a two-way street. I think the City does a good job with Ciryscape, the web and other communication tools. 11. COUNCIL INVOLVEMENT: Other than Councilor Sherwood I don't know Being a council member is obviously a time consumuig job and one person cannot be everywhere. My feeling is that some purposeful thinking council members could reach farther to homeowner or CPO or other planned organizations as individuals from time to time. This varies by Councilor, but on the whole, council does not seem very involved. Councilor Sherwood appears to be the most involved. The Mayor is very involved as is Councilor Sherwood. I'm not sure about the other members involvement of council meetings. Mayor and Councilor Sherwood most high profile. 12. CONFIDENCE IN STAFF: I think staff could be more proactive in identifying options and presenting a bigger pictuxe on issues. 13. CONDUCT OF COUNCIL MEETINGS: They run long I would suggest limiting time of guest speaking I think they council meetings are so canned that they bore people to death. The use of electronic information services to place council members in a special position from the public. There is too much time spent on ceremony rather than policy discussion, At the first hint of a view different than staff, council generally circles the wagon around staff and votes almost unanimously often without reasoning. Need bettex way to allow public input There are few changes to the Agenda once published. Council meetings seem to drag on, however. Council seems to spend a lot of time on smaller issues and the xuns out of time on bigger policy issues, or misses them entixely. (See # 4). Council also has to spend a lot of time with the vocal minority of citizens ( i.e. John Frewing) to the detrunent of broader issues. That is unfortunate, but probably unavoidable. By the time the meeting is underway things generally run smoothly. Getting agendas, items scheduled at the staff level is sometimes challenging. Great, well mannered usually. Some items are contentious on TV. 14. INTERGOVERNMENTAL RELATIONS COUNCIL : This is the weakest area of Council. It has been diligent about actively participating & advocating for our citizens. Many elected officials have told me that they did not feel that Tigard participated as much as the other cities. My experience is that Tigard council is regarded by others in the region as 'rednecks' and generally not involved. Some resolutions by Tigard City Council certainly appear this way i.e. complaints to Metro for their State-Mandated densiry requirements. As a result, Tigard views are not important regionally. Council has made great improvements in this area. Council still has a way to go but this Council is much better than any in recent memory. Tigard is an active player - I'm not sure about the impact ox issues on boards or committees but I think council has a pretty good handle on how regarded issues impact the city overall. ACTION STEP I: Cut out the apparent need by some to talk simply to hear their own voice. Moxe neighborhood-centered community meetings. These could be quite informal & informational in content. • Make it a Council priority to get the City more actively involved in Wash. Co. & Metro agencies to get more $ for transportation projects, long term planning, etc Involve lots of people in decision making and listen to them Increase library hou.ts Be more involved with and likewise involve citizen members and boards more interaction & input to Council Work harder to promote PAC's to support initiatives (i.e. Bull Mtn annexation) Host some joint city council/business open houses to develop new business gov't/citizen interaction and exploxe community needs & opportunities Each council member should write a short statement for Ciryscape (not vetted by City staff or'concurred in' by other council members or written by staff and not all appearing on one issue!) Giving their view on some important policy issue facing Tigard eg how to get transit service to high densiry developments on Tigard's periphery or how to deal with congestion on Hwy 99 or how to make Tigard more pedestrian friendly or how to relate to axeas which someday may become annexed to Tigard (Metzger) or how to use the qualitative words of the development code to achieve Tigard's 'vision' or how to eliminate duplication of work/staff between Tigasd and Wash Co law enforcement departments. I think Ci Council is doing a good job. Mayor Dirksen is showing good leadership. Gain public support for annexation policies before acting "Survey" is poorly written in my opinion, but I attempted to answer anyway. Have the council be more open to the wishes of the community where feasible Frankly I am exttemely impressed with the results of policy development over the last 8 yeaxs I have been a xesident of Tigard. The length of time it has taken to get a possible result (LJrban renewal, street livability, library) has been worth it. Efficient, maybe not, effective, yes! Listen to its citizens & act with concern on the needs & cares of Tigard homeowners I would strongly encourage the Council to make sure committees are making progress. I am too busy to be serving and once we start making progress & turn items over to the City, things get bogged down for a very long period of time. It's extremely frustrating & discouraging. Develop the discipline to remain focused on policy and avoid the position of operational decisions. Ensure an atmosphere where staff articulates all options i.e. council on policy issues, council has adequate opportunity to discuss and assign each option then set a clear direction to staff whether unanunous oz "agreeing or disagreeing" and support the majority consensus. Look forward, not back. Moxe staff in library and police please! Council as a whole woxks very effectively, balancing the need to make decisions along with factoring in public opinion, pressures from regional partners and the bottom line for Tigaxd. Thank you for your hard work and take time out to remember all the good you are doing for our community. Let people know about accomplishments - continue to get the word out. Councilor Haxding often woxks at odds with the rest of the council. My observation is that she rarely listens to staff or the other councilors. She has obviously made up her mind before hand on most issues and seems to not care about what others think or that she even has sufficient perspective on issues. It also seems that she likes playing to the audience instead of taking a stand that might be controversial. . e , ~ PROCLAMATION Nattonal :Magic Week 1NHEREAS, October 25-31, 2006 is the annual celebraHon of Nadonal Magtc Week to cofncide w(th the date bf Harty HoudfnYs death on October 31, 1926; and WHEREAS, the Society of American Magidans adopted the idea of Nadonal hlagic Week as a . . way of promoUn¢ the art of magic by piovtding free entertainment w the Tigard community through PoUce DARE camp, laal schoott and Obrades, as well az perfortning for senior citizens In nursing homes and residenu of the Veteran's Administradon Hospital; and . WHEREAS; the free shows are part of the service programs provided W die Tigard communhy by • the Soctety of Amedcan Magtcians for those who would have diHialry gettlng to a theatre to see a Ilve performance; and WHEREAS, ttie Magicians that pardcipate tn dieim shows do w as a way of sharing with others an art form they love and Magfc Week is when the magtcfans can take.thelr bows. NOW THEREFORE BE IT RESOLVED THAT I, Mayor Cratg E. Dirksen of rhe Qty of Tigard, . Oregon do hereby prociatm the week of October 25-31 as : Nadonal Magic Week Dated this day oF 2006. ~ - IN WITNESS WHEREOf, t have hereunto set my hand and caused the Seai of the City of Tigard to be affixed. Cratg E. Dfrksen, Mayor Ciry of 7iBard Attestz Qty Recorder ~ Y r ~ ' ' . ' . . . . . . . . • . . . . . ' .r...,: . - . . . : e k . :P~R` 'C~~~:A~~►T~I~ON Make~A ~:Diff`erence ~Day . . 'WHEREAS, serlous saiai:prDtilems concein'our nadon and:threaten its fuwre; and WHEREAS, con8etting wfih otheis anA~woildng together Birough votimteer service can tiridge d►e differiences°tharseparate?people arid`fiefp:3olve serfous soetal problemr, ahd WHtICEA3; we,'tfie Amedcanrpeople, fiave a tradftlon oF philanthropy and volunteerism; and WHEREi4S, iiiiilioiis 6f.telf~sacrlflctng~IndiGiEuals-touch and enhance the Iives of mtllions on the anhUbl day'of'doing~good by $Iving where there was a need; rebuflding what had been tom down, teaching wliere ttiere was`a'Jesire to leam^aed Inspiring those xfio had lost hope; and WHEREAS,'USA W6EKEND Magaifne and•tu aflillate newspaper and The Potnts oFLight Fountlatton and?Itsaffiliafe`Yohinteer;ceoteis IWVe Joined to promote the sixteemh annual nadonal •day of doirig•goodihateeletirates an8'stre't~gtffens the'spidt of volunteerservice; arid WHERFJIS,'voluriteer servke b an iriVesarient in the fvwre ive ail must share; . . : . . . l!IOW THEREF~RE.BE'li`'RESOLVED THAT 1, Craig E.. Utrksen, Mayor of Tigard, on behalf 'of'the enllrt 'Ctry Couneil, ao`heretiy'proclalm: Octotier 28, 2006 as 1ftke A Dffference Day, . In,Ttgard, Oiegon;•and. uige my .fellow citlzens to otiserve th[s day byconnecting with frtendc, . . ` felldw'employees'9na relatlv2s and :with reltglous, school and cMc groups to engage in projeca ` tieit0`fltln'g' tlielrcominunity. Dated thtc Aay:of . . 2006. IN'1NITNESS WHEREOF,1 haiie hereunfo sermy hand and caused ihe Seal of the City of 77gard Wbe'afl6ced. Craig E. Dirksen, Mayor Giry of Ttgard Ar'tf~►tc :Qty.Recoitler ~ . ~ , s. . n"!i;i; . . . . . . . ' . ' ' , . . . . . . . . ilL AGENDA ITEM NO. 2- CITIZEN COMMUNICATION DATE: October 24, 2006 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Trgard pvblic meeting, subject to the State of Oregon's pvblic meeting and tecords laws. All written and oral testimony become part of the public record. The names and addtesses ofpetsons who attend otparticipate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: ~ jP7 2k-- Also, please spell youY name as it sounds, if it will - help the presiding officer pronounce: Address 1 q9 rd Sw City riGp-R 0 State (~oLjL Zip Phone Na J0~ -634-7`Z~J Name• Also, please spell youx name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name• Also, please spell your name as it sounds, if it will help the presiding officer pxonounce: Address City State Zip Phone No. CITIZEN COMMUNICATION ~ f ~ October 24, 2006 My name is Dick Franzke. I live at 14980 SW 133rd Avenue in unincorporated Bull Mountain. Two weeks ago in the course of the Council's consideration of the Cache Creek annexation issue, I was castigated by Councilor Wilson in a 13 minute tirade, apparently brought about because I had the audacity to suggest the council should not annex the subject property pending the vote on incorporation and /or the circuit court decision on the issue. His harangue was un-necessarily personal, apparently a recognition by him that the substance of his argument alone would not get much attention. It's not my style to personalize public issues, so I will not do so. Councilor Wilson said I told "lies" and "half truths", so let's see who is lying: Councilor Wilson said all of the annexations by Tigard over the past several years were "voluntary" and "consensual". Some time ago, City Manager Prosser made the same statement publicly, as has the Mayor. More recently, Mr. Coffee apparently made a similar statement to the Oregonian. Those statements are absolutely false, and it is inconceivable that each of you were not aware they were false when you made such statements. What is the evidence to support my charge? I hold in my hand a memo to the council dated September 2004 from Jim Hendryx, former Community Development Director. It quotes the existing Comprehensive Plan Policies, specifically Policy 10.2.1, which states "that the City shall not approve the extension of City or Clean Water Services sewer lines unless the property owner annexes or signs a consent to annex....." He identifies numerous subdivisions and projects, including Alberta Rider School, Arbor Summit, Summit Ridge, etc, as examples of the "current practice to require developments adjacent to the City to annex prior to development". In the face of a threat to not allow hooking up to Clean Water Services sewers, an annexation cannot be regarded as "voluntary" or "consensual". I'm also reminded that in your meeting two weeks ago the Mayor preached about "doing the right thing". The right thing here is for all four of you to admit the City's policy has been to force annexations, whether the owner likes it or not, and then make public apologies for your deceit. Agenda Item # L/ , Meeting Date October 24, 2006 COUNCIL AGENDA ITEM SUMMARY Ciry Of Tigard, Oregon Issue/Agenda Tide City Center Advisory Commission (CCAC) Bv Laws Prepared By: Phil Nachbar Dept Head Okay Ciry Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS Adopdon of City Center Advisory Commission (CCAC) by laws. STAFF RECOMMENDATION Approve the attached resolurion adopting the CCAC By Laws. KEY FACTS AND INFORMATION SUMMARY Council reviewed a first draft of the by laws at an August 15 workshop. Council was presented a draft set of by laws produced by Staff and a staff report, and a corresponding set of by laws reviewed and amended by the CCAC. At the workshop, Council had a discussion with members of the CCAC about key secrions of the by laws, and the concerns of the group. Due to the complexiry of the subject, it was decided that Council would continue its review of the by laws at the September 19`'' workshop. At the September 19'' workshop, Council discussed all sections of the by laws with Staff and members of CCAC, and provided direction for a final version to be adopted by consent agenda at a later time. Staff has incorporated the modifications from the September 19`' review, and the comments of the City Attorney. Legal review provided minor changes to wording for clarificarion, and the provision of greater capaciry pertainmg to the potential removal of inembers, if necessary, under Section 10. The City Attorney provides Council, at their request, with more control over the removal of inembers with addidon of the following as Section 10 (b): "The Council may also remove members at its sole discretion." The Ciry Center Advisory Commission (CCAC) has been operating without by laws since it was created in July, 2005. With passage of the Urban Renewal Ballot Measure in May of 2006, the role of the CCAC becomes more permanent and changes to the implementation of Urban Renewal projects as opposed to development of the Urban Renewal Plan. The new set of by laws establishes a set of by laws that reflect this change in role and help to clarify the role, responsibilities, composition / membership, terms, and operating procedures of the Commission. Having a clear set of by laws will provide direction and structure for the group on an on-going basis and when faced with the need for change. OTHER ALTERNATIVES CONSIDERED None. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Tigard Beyond Tomorrow, Volunteerism - 1) Ciry will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. 2) Reevaluate and broaden volunteer selection process for Ciry committees and task forces. AT'1'ACHMENT LIST Attachment 1: Resolution Adopting CCAC By Laws Exhibit A: CCAC By Laws FiscAL NoTEs No direct cost impact. Agenda Item # Ll ~ Meeting Date October 24, 2006 COUNCIL AGENDA ITEM SUNIMARY City Of Tigard, Oregon Issue/Agenda Title A Resolution Establishing a Citizen Advisory Committee to Guide the Preparation of the Highwqy 99W Corridor Improvement and Management Plan and Appointing Members to the Committee b6"~" Prepared By: A.P. Duenas Dept Head Okay ~ City Mgr Okay ISSUE BEFORE THE COUNCIL Shall Council approve a resolution establishing a Citizen Advisory Committee to guide the preparation of the Highway 99W Corridor Improvement and Management Plan and appointing members to the Committee? STAFF RECOMMENDATION That Council approve the proposed resolution. KEY FACTS AND INFORMATION SUMMARY The City of Tigard applied for and received a Transportation Growth and Growth Management (TGM) grant for the prepazation of the Highway 99W Corridor Improvement and Management Plan. This project will develop a plan to identify projects and potential land use changes both intended to alleviate traffic congestion and improve traffic circulation within the Highway 99Wcorridor through the City from Durham Road to the I-5 Interchange. The project is administered by the Oregon Department of Transportation (ODOT) and the consultant team of OTAK, InclDKS Associates was selected to prepaze the plan. The preparation of the plan began in mid-August 2006 and is expected to be completed within Fiscal Year 2006-07, which ends June 30, 2007. The City is an active participant in the preparation of the plan and is responsible for establishing a Citizen Advisory Committee to guide its development. The composition of the Cititizen Advisory Committee is intended to represent a wide range of interests and members were selected through an established selection process led by the Mayor. The corrunittee members are expected to participate in five committee meetings and three open house meetings during the next eight months. The committee will complete its work with a submittal of the completed plan to City Council with a recommendation for approval at a formal Council business meeting. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Reduction of trafFic congestion and traffic circulation improvements meet the Tigard Beyond Tomorrow Transportation and Traffic goals of "Improve Traffic Flow" and "Improve Traffic Safety." Any land use changes that improve circulation and reduce traffic congestion likewise support those goals. In addition, improvements to the Highway 99W corridor supports the 2006 Council goal to "Improve 99W Corridor." ATTACHMENT LIST Resolution establishing the Citizen Advisory Committee and appointing members to the committee. Fisc.ai, NoTEs The total project amount is $200,000. The amount of $176,000 is funded from the TGM grant and $24,000 is provided by the City through the Gas Tax Fund as local matching funds. I:Enpr-sXCOUnGI Apentla SummaAes\10.2408 Highway 09W Corridor Plan CAC Appointmerrts AIS.doc Highway 99W Corridor Improvement and Management Plan Citizen Advisory Committee Appointee Biographical Information Rex Caffall (Planning Commission) Rex Caffall is employed as the Chief of Operations for Caro LJSA Inc. He attended Central Catholic High School in Portland. Caffall has resided in Portland for 16 years and currently serves on the Planning Corrunission which he will represent on the CAC. Marlece Watson (Q'O 4B) Marlece Watson has a Bachelor of Science in Marketing from Arizona State University. She has lived in Tigard for 3 years. Watson is a Master Gardener and serves as a food coordinator for her church. She will be recommended for appointment as the Q'04B representative on the CAC. Daniel Barnes (King Cit)) Daniel Barnes is a retired civil engineer who worked in Oregon, Washington, California and Texas. He has resided in King Cityfor the past 3 years and currentlyvolunteers as a tutor in the Portland Community College GED Program. Barnes will be representing King City on the CAC. Jesse Black (Tigard Chamber of Commerce) Jesse Black is the owner of Yellow Crayon LLC which provides computer services for individuals and small businesses. He earned a Masters in Computer Science from Southern Methodist University. Black is a recent Tigard area resident and will represent the Tigard Chamber of Commerce on the CAC. Roger Potthoff (Business along the -i'ighway99W comdor) Roger Potthoff is employed as a financial advisor at APR Strategies. He earned a Bacholer of Arts from the University of Minnesota and attended Fordham Law School. Potthoff has lived in Tigard for the past 7 years and currently serves on the City Center Advisory Commission. He will represent businesses along H'ighway 99W on the CAC. Cherree Weeks (Resident along the I-Eghway 99W Corridor) Cherree Weeks helps run a computer hardware/software company in Tigard. She earned a degree in the Administration of Justice. Weeks has resided in Tigard for the past 8 years and has volunteered at several locations. She will represent residents along the FEghway 99W corridor Tim McGilvrey "(Biking Advocate) Tim McGilvrey is currently employed as a bicycle mechanic at REI in Tualatin. He earned a Bacholer of Arts from the University of Kansas. McGilvrey has lived in Tigard for the past 19 years and will serve as the biking advocate on the CAC. Steve Boughton (Public Transportation Advocate) Steve Boughton retired from his Manufacturing Engineer Manager position at Tektronix. He earned a Bachelor of Science in Zoology from Oregon State University. He has lived in Tigard for 21 years and will serve as the public transportation advocate on the CAC. Sue Carver (Resident- at- large) Sue Carver has been self- employed as a legal assistant for the past 16 years. She started volunteering in Tigard in 1982 and currentlyserves on the Committee for Citizen Involvement. Carver has lived in Tigard for 35 years and will serve on the CAC as a resident at large. William Moss (Resident- at- large) William Moss is a retired contractor who specialized in remodeling for 27 years. He earned a Bachelors in Fine Arts, specializing in Photography. Moss has lived in Tigard for 8 years and has served as a Habitat for Humanityvolunteer in SE Portland. Moss will serve as a resident at large on the CAC. Paul Owen (Transportation Financing Strategies Task Force) Paul Owen is the former Public Works Director for Ventura CA. He has lived in Tigard for the past eight years. Owen has served on the Vision Task Force. He will be representing the Transportation Strategies Task Force on the CAC. Agenda Item # A v Meeting Date October 24, 2006 LOCAL CONTRACT REViEW BOAKD AGENDA ITEM SUMMARY City Of Tigard, Oregon , Issue/Agenda Title Award of Architectural Services Contract for the Water Building Remodel Prepared By: Brian Rager Dept Head Approval: i City Mgr Approval: ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Should the LCRB authorize the award of an architectural services contract for the water building remodel project? STAFF RECOMMENDATION Staff recommends the LCRB approve, by motion, the award of a contract for architectural services to remodel the water building to LRS Architects Inc., and authorize the City Manager to execute the contract. KEY FACTS AND INFORMAT'ION SUMMARY ■ At the July 18, 2006, the City Council heard a presentation on the water building remodel and relocation of Public Works staff to that building. The remodel project would: - Make way for one of the first urban renewal projects by providing a work space for staff currently housed in the Annex, a building slated for demolition as part of the Ash Drive/Burnham Street urban renewal project. . - Consolidate administrative staff in a single, modern building. - Provide park and street staff, operating out of the public works yard, with ADA compliant restroom and lunchroom facilities. - Get the City one step closer to vacating the public works office/operations complex for urban renewal projects. - Provide funding to accomplish water building upgrades, allowing the City to make good use of a partially vacant, relatively modern facility. ■ On August 8, 2006, the Council approved Budget Amendment #3 to the FY '06/'07 budget which funded the water building remodel project. ■ A request for proposals was advertised on September 14, 2006, with proposals due on October 3, 2006. • On September 21, 2006, a mandatory pre-bid walkthrough was conducted. Twelve architectural firms attended the meeting. LRS Architects was the only firm to submit a formal proposal. Staff believes other firms were ultimately not interested in the remodel, given the small scope of the project. ■ Staff evaluated the LRS Architects' proposal and determined this firm has the qualifications, capabilities, staffing and experience necessary to perform the work. Under the contract, some of the tasks LRS Architects would perform include: - Preparation of a final design of the water building based on the conceptual plans and cost estimate - Development of construction bid documents and assistance with the bid process - Management of the construction contract and process OTHER ALTERNATIVES CONSIDERED The LCRB could choose not to award the contract to LRS Architects and could direct staff on how to proceed with the remodel/relocation project. Such a decision could delay the Ash Drive/Burnham Street urban renewal project, since staff occupying the Annex must be relocated prior to the construction the new intersection. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Tigard Beyond Tomorrow: Community Character & Quality of Life: Central Business District (CBD) Goal #1- "Provide opportunities to work proactively with Tigard Central Business District Association (TCBDA) businesses and property owners and citizens of Tigard to set the course for the future of the central business district." ATTACHMENT LIST None. FISCAL NOTES A FY '06/ '07 budget amendment was approved by the Council to provide $630,000 for the remodel project. This amount will cover the entire cost of the project including: architectural services, a new HVAC system, computer and phone connections, electrical wiring, moving expenses and interior repairs and updates. Of the $630,000, architectural services through LRS Architects will cost approximately $54,000. Funding for the project will be divided as follows: Water Fund $400,000 63% Sanitary Sewer Fund $130,000 21% Storm Water Fund $100,000 16% TOTAL $630,000 100% . . . . . . : . \ - Agenda Item # - - - ` Y~ - Meeting Date 10/24/06 COUNCIL AGENDA ITEM SUMMARY Ciry Of Tigard, Oregon Issue/Agenda Tide A ointment of I{areri Levear to lAbrarv Board Prepaxed By: Maxgaret Bames Dept Head ?,ppioval: City Mgx Approval: ISSUE BEFORE THE COUNCIL Appoint a Library Board Mexnber to Yeplace a member who xecently resigned. STAFF RECOMMENDATION Adopt the attached resolution to appoint Karen Leveai as a full member of the LibraLy Board. KEY FACTS AND INFORMATION SUMMARY KaLen Levear was appointed as an altemate to the Libxary Board in June to a two-yeat term, expiring June 30, 2008. At the BoaLd's Octobei meeting membex Suzan Tutley announced hex resignation. This xesolution appoints Karen Leveaz to Suzan Turley's position, which expires June 30, 2007. - OTHER ALTERNATIVES CONSIDERED None. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Goal: Ciry will maxunize the effectiveness of the volunteer spixit to accomplish the greatest good fot oux community. ATTACHMENT LIST ' Resolution . Biographical information on the appointee FISCAL NOTES None I:laAmlca1hyVorm312D06kwund1 apenda Ilem summeryahee108 • june revi5on.tloc Biographical information on Library board appointee: Karen Levear was appointed as alternate to the Libxary Board by the Council in June 2006. She has lived in Tigard for 15 yeaxs. Ms. Levear has a B.S. in Business from Oregon State University and an MBA from Pordand State University. She was the chief fmancial officer for a financa.al institution, and is cuxrently on sabbatical. Ms. Leveax has been a Tigard LibYary volunteer, team manager/coach for Destination Tmagination; member of the One More Tune Around Again Marching Band and school volunteer. On hex initial application for the Boaid, she wYOte, "T love libraries." AGENDA ITEM No. 5 Date: October 24, 2006 PUBLIC HEARING TESTIMOr1'Y SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLIC HEARING TO CONSIDER REVISIONS TO THE COMMUNITY DEVELOPMENT CODE RELATING TO PLANNED DEVELOPMENTS (DCA 2006-0003) REQUEST: The applicant is requesting approval of a Development Code Amendment to change the procedures and approval criteria for Planned Developments (Chapter 18.350) and add Definitions in Chapter 18.120. The proposed changes to Chapter 18.350 include a new purpose statement, and a new approval process and approval criteria. Related defin.itions of "densiry bonus", "landscaping", and open space facility" would be added to the Definidons Chapter (18.120). The complete text of the proposed Code Amendment can be viewed at http://www.rigard-or.gov/code_amendments, or at the City of Tigard Permit Center. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120,18.350 and 18.390; This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony ~ : AGENDA ITEM NO. 5 This is a City of Tigard public meeting, subject to tbe State of Oregon's public meeting and records laws. All wtitten and oral testirnony become part of the public tecotd. The names and addtesses ofpersons wbo attend orparticipate irs City of Tigard public meetirigs will be included in the meeting minutes, wbich is a public record. Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE Please Print Please Print Please Print Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your natne as it sounds, if will help the pYesiding officer pronounce: will help the presiding officex pronounce: it will help the presiding officer pronounce: Address Address ` Address City Ciry City State Zip State Zip State Zip Phone No. Phone No. Phone No. Name: Name: Name: Also, please spell your natne as it sounds, if it Also, please spell youx name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pxonounce: it will help the presiding officer pronounce: Address Address Address City Ciry Ciry State Zip State Zip State Zip Phone No. Phone No. Phone No. Agenda Item # Meeting Date October 24, 2006 COUNCIL AGENDA ITEM SUMMARY Ciry Of Tigard, Oxegon Issue/Agenda Tide Legislative Public Hearing to Consider Revisions to the Community Development Code Relating to Planned Developments (LDCA 2006-00003) Pxepared By: Sean Farrelly Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the Council approve the Development Code Amendment to change the purpose statement, application pxocess, concept and detailed development plan xequirements for Planned Developments and add related definitions? STAFF RECOMMENDATION Staff recommends approving the requested Development Code Amendment by adopting the attached ordinance and text amendments (Attachment 1), as xecommended by motion of the City of Tigard Planning Commission. KEY FACTS AND INFORMATION SUMMARY The Council-established Planned Developments Code Review Comnuttee worked with staff to develop new code language including a revised purpose statement, application process, concept and detailed development plan requirements in the Planned Developments Chapter (18.350), and add related terms to the Definitions Chapter (18.120). Notice proceduxes in the development code, including publication of notice in the papeY, and written notice to the appropriate agencies were met. On September 18, 2006, the Tigaxd Planning Commission held a public heaYing on the proposed changes. They recommended approval of the amendment (with addirional revisions) by a unanimous vote (Attachment 3). OTHER ALTERNATIVES CONSIDERED Not applicable. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Tigard Beyond Tomoxrow-Growth and Gxowth Management, Goal No.1 - Growth will be managed to protect the charactex and livability of established areas, protect the natural envixonment and provide open space throughout the community. Two of the stYategies to implement this goal are: 1) Review and modify development code sections to integrate open space preservation and protection into design standards. Planned Actions include: revising code sections to ensure that residential development incorporates open space; and developing and implementing design standards that preserve and protect open space, gYeenways, and natural areas. 2) Develop and unplement design standards that preserve and protect open space, greenways, and natural areas. Planned Actions include: amencling code to promote design that includes natural features and promotes connectiviry to open space, greenways, and natural area access; and implementing a public process for adequate development/design review. ATTACHMENT LIST Attachment 1: Ordinance adopting the code amendments Exhibit A: Proposed Code text changes Attachment 2: "Clean copy" of Proposed Code text"changes Attachment 3: September 18, 2006 Approved Planning Commission minutes (relevant secrion) Attachment 4: Staff Report to the Planning Coinnussion Attachment 5: Public Comment: October 4, 2006 letter from Home Builder's Association FISCAL NOTES Not applicable. I:\LRPLN\Council AIaterials\2006\10-24-06 PD Code Amendment Hearing AIS.doc Attachment 2 Clean Copy Proposed Planned Developments Code Revisions, September 2006 Chapter 18.120 DEFINITIONS 55. "Density bonus" - Additional dwelling units that can be earned as an incentive for providing undeveloped open space, landscaping, or tree canopy as defined further in this code. 87. "Landscaping" - Areas primarily devoted to plantings, trees, shrubs, lawn and other organic ground cover together with other natural or artificial supplements such as water courses, ponds, fountains, decorative lighting, benches, bridges, rock or stone arrangements, pathways, sculptures, trellises and screens. 104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned: a. "Minimal Use Facilities." No other improvements (apart from underground utilities and natural and ecological enhancements) ) are allowed. b. "Passive Use Facilities." Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways, pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains, picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access shall be provided where site considerations permit. c. "Active Use Facilities." Areas reserved for high-impact recreation that require a greater degree of site development and/or ground disturbance; such as sports fields, playground equipment, group picnic shelters, swimming pools, hard and soft surface pathways, restrooms, and similar facilities. Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 Process 18.350.030 Administrative Provisions 18.350.040 Concept Plan Submission Requirements 18.350.050 Concept Plan Approval Criteria 18.350.060 Detailed Development Plan Submission Requirements 18.350.070 Detailed Development Plan Approval Criteria 18.350.010 Purpose A. Purpose. The purposes of the planned development overlay zone are: l. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; and Page 1 of 15 September 20, 2006 2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and 3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and 4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis, presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; and 5. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the City; and 6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. 18.350.020 Process A. Applicable in all zones. The planned development designation is an overlay zone applicabie to all zones. An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project an approval authority may apply the provisions of this chapter as a condition of approving any application for the development. B. Elements of approval process. There are three elements to the planned development approval process, as follows: 1. The approval of the planned development concept plan; and 2. The approval of the detailed development plan; 3. The approval of the planned development overlay zone. C. Decision-makiny- process. 1. The concept plan shall be processed by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050. 2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as governed by 18.390.050, to ensure that it is substantially in compliance with the approved concept plan. 3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan. 4. Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval. All applicants are advised that the Page 2 of 15 September 20, 2006 purpose of separating these applications is to provide them clear direction in developing the detailed plans. Rejection of the concept plan will result in a corresponding rejection of • the detailed development plan and overlay zone. 5. In the case of an existing planned development overlay zone, once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application. 6. If the application involves subdivision of land, the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan. D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development application (i.e. the concept approval must precede the detailed development approval); however each required action may be made at the same hearing. 18.350.030 Administrative Provisions A. Time limit on filing of detailed development plan. The concept plan approval expires after 1-1/2 years unless an application for detailed development plan and, if applicable, a preliminary plat approval or request for extension is filed. Action on the detailed development plan shall be taken by the Planning Commission by means of a Type 111-PC procedure, as governed by Section 18.390.050, using approval criteria in 18350.070. B. Zoning map desi nag tion• The planned development overlay zone application shall be concurrently approved if the detailed development plan is approved by the Planning Commission. The zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. C. Extension. 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 one year provided that: 1. No changes have been made on the original concept development plan as approved by the Planning Commission; 2. The applicant can show intent of applying for detailed development plan or preliminary plat review within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. D. Phased development. 1. The Commission may approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for concept development plan review. 2. The criteria for approving a phased detail development plan proposal are that: a. The public facilities shall be constructed in conjunction with or prior to each phase; and Page 3 of 15 September 20, 2006 b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. E. Substantial modifications to the concept plan. If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required. F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter. G. Issuance of occupancy permits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued. However, 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 condition, 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 year. 18.350.040 Concept Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050 and the additional information required by 18.350.040.B. In addition, the applicant shall submit the following: 1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include: a. A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. b. An explanation of the architectural style, and what innovative site planning principles are utilized including any innovations in building techniques that will be employed. c. An explanation of how the proposai relates to the purposes of the Planned Development Chapter as expressed in 18.350.010. d. An explanation of how the proposal utilized the Planning Commissioner's Toolbox. 2. A general development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development. In the case where a residential subdivision is proposed, the statement shall include the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders. B. Additional information. In addition to the general information described in Subsection A above, the concept plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: Page 4 of 15 September 20, 2006 1. Existing site conditions; 2. A site concept including the types of proposed land uses and structures, including housing types, and their general arrangement on the site; 3. A grading concept; 4. A landscape concept indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); 5. Parking concept 6. A sign concept; 7. A streets and utility concept; and 8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable. C. Allowable Uses 1. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c. The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; f. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with, but clearly incidental to the uses permitted in the zone, such as personal services, preschool or daycare, and retail uses less than 5,000 square feet in sum total; g. Community building; h. Indoor recreation facility; athletic club, fitness center, racquetball court, swimming pool, tennis court or similar use; i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and j. Recreational vehicle storage area. Page 5 of 15 September 20, 2006 2. In commercial zones. In all commercial zones, an applicant with a planned development approval may develop the site to contain all of the uses permitted outright in the underlying zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi-family dwellings in those commercial zones that do not list multi-family dwellings as an outright use. 3. In industrial zones. In all industrial zones, a planned development shall contain only those uses aliowed outright in the underlying zoning district. 18.350.050 Concept Plan Approval Criteria A. The concept plan may be approved by the Commission only if all of the following criteria are met: 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their maximized protection, preservation, and/or management. 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops, etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood. 18.350.060 Detailed Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type [II-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.13 and the approval criteria under 13.350.070. B. Additional Information. In addition to the general information described in Subsection A above, the detailed development plan, data, and narrative shall include the following information: 1. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in grade, along drainage channels or swales, and at selected points, as needed 2. A specific development schedule indicating the approximate dates of construction activity, including Page 6 of 15 September 20, 2006 demolition, tree protection installation, tree removal, ground breaking, grading, public improvements, and building construction for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. 4.Moderate to High Density Development Analysis. If proposing development in an area within a Metro designated town or regional center, the following additional information may be required: a. Air movement: Prevailing breezes characteristic of a region may be greatly modified by urban high- rise structures. Predominant air movement patterns in a city may be along roadways and between buildings. The placement, shape, and height of existing buildings can create air turbulence caused by micro air movement patterns. These patterns may influence the location of building elements such as outdoor areas and balconies. Also a building's design and placement can mitigate or increase local wind turbulence. b. Sun and shadow patterns: The sun and shadow patterns of existing structures should be studied to determine how they would affect the proposed building. This is particularly important for outdoor terraces and balconies where sunlight may be desirable. Sun and shadow pat- terns also should be considered as sources of internal heat gain or loss. Building orientation, window sizes and shading devices can modify internal heat gain or loss. Studies should include daily and seasonal patterns and the shadows the proposed building would cast on existing buildings and open spaces. c. Reflections: Reflections from adjacent structures such as glass-clad buildings may be a problem. The development should be designed to compensate far such glare or if possible, oriented away from it. C. Compliance with specific development standards. The Detailed Development Plan shall show compliance with base zone provisions, with the following modifications: l. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the iP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; 3. Building height: In residential zones, any increase in the building height above the maYimum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2 times the height of the building. 4. Structure setback provisions: a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; Page 7 of 15 September 20, 2006 (2) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. (3) A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The commission may require site specific building envelopes. 5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter. 18.350.070 Detailed Development Plan Approval Criteria A. Detailed Development Plan Approval Criteria. A detailed development plan may be approved only if all the following criteria are met: 1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: a. The change increases the residential densities, increases the lot coverage by buildings or reduces the amount of parking; b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; d. The change commits land to development which is environmentally sensitive or subject to a potential hazard; and e. The change involves a major shift in the location of buildings, proposed streets, parking lots, landscaping or other site improvements. 2. All the provisions of the land division provisions, Chapters 18.420 Partitions and 18.430 Subdivisions, shall be met if applicable; 3. Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this chapter. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed below. The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested. Page 8 of 15 September 20, 2006 a. Chapter 18.360, Site Development Review. The provisions of Chapter 18360, Site Development Review, are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same type of issues as the Site Development Review. b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site (vehicles, bicycles, pedestrians, and transit). c. Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission. The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1) A 1% bonus for each 5% of the gross site area set aside in open space, up to a maximum of 5%, is allowed for the provision of active use recreational open space, exclusive of areas contained in floodplain, steep slopes, drainageways, or wetlands that would otherwise be precluded from development; (2) Up to a maximum of 5% is allowed for the development of pedestrian amenities, streetscape development, recreation areas, plazas, or other items from the "Planning Commission's Toolbox." d. Chapter 18.745, Landscaping and Screening. The Commission may grant an exception to the landscape requirements of this title upon a finding that the overali landscape plan was prepared by a licensed landscape architect, provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified. e. Chapter 18.765, Off-street Parking and Loading Requirements. The Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if : (1) The minimum number of parking spaces is not reduced by more than ] 0 percent 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, e.g., a nursing home, and which has a low demand for off- street parking; or Page 9 of 15 September 20, 2006 (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, and reducing the standards 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. f. Chapter 18.780, Signs. The Commission may grant an exception to the sign dimensional requirements in the applicable zone if : (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs; and (2) The exception is necessary for adequate identification of the use on the property; and (3) The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties. g. Chapter 18.795, Visual Clearance Areas. The Commission may grant an exception to the visual clearance requirements, when adequate sight distance is or can be met; h. Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks; and 18.810.060, Lots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an exception request. The Commission can only grant an exception to street sanctions if it is sanctioned by the City Engineer.. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: (1) Public safety will not be compromised; and (2) [n the case of public streets, maintenance costs will not be greater than with a conforming design; and (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment. 4. In addition, the following criteria shall be met: a. Relationship to the natural and physical environment: (1) 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. The commission may require the applicant to provide an alternate site plan to demonstrate compliance with this criterion; Page 10 of 15 September 20, 2006 (2) Structures located on the site shall not be in areas subject to ground slumping and sliding as demonstrated by the inclusion of a specific geotechnical evaluation; (3) Using the basic site analysis information from the concept plan submittal, the structures shall be oriented with consideration for the sun and wind directions, where possible; and b. Buffering, screening and compatibility between adjoining uses: (1) Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; (2) In addition to the requirements of the buffer matrix (Table 18.745.1), the requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same level of buffering and screening with alternate materials or methods. The following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter ] 8.745.: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; . (b) The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s) from which buffering is needed; (d) The required density of the buffering; and (e) Whether the viewer is stationary or mobile. (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; (b) The direction from which it is needed; and (c) Whether the screening needs to be year- round. c. Privacy and noise: 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; d. Exterior elevations - Single-family attached and multiple-family structures: Along the vertical face of single-family attached and multiple-family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet; Page 11 of 15 September 20, 2006 (2) Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and (3) Offsets or breaks in roof elevations of three or more feet in height. e. Private outdoor area - residential use: (1) Exclusive of any other required open space facility, each ground-level residential dwelling unit shall have an outdoor private area (patio, terrace, or porch) of not less than 48 square feet with a minimum width dimension of four feet; (2) Wherever possible, private outdoor open spaces should be oriented toward the sun; and (3) Private outdoor spaces shall be screened or designed to provide privacy for the use of the space. f. Shared outdoor recreation and open space facility areas - residential use: (1) Exclusive of any other required open space facilities, each residential dwelling development shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a) Studio units up to and including two bedroom units, 200.square feet per unit; (b) Three or more bedroom units, 300 square feet per unit. (2) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (3) The required recreation space may be provided as follows: (a) Additional outdoor passive use open space facilities; (b) Additional outdoor active use open space facilities; (c) Indoor recreation center; or (d) A combination of the above. g. Demarcation of public, semi-public and private spaces for crime prevention: (1) 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 to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and (2) These areas may be defined by, but not limited to: (a) A deck, patio, low wall, hedge, or draping vine; Page 12 of 15 September 20, 2006 (b) A trellis or arbor; (c) A change in elevation or grade; (d) A change in the texture of the path material; (e) Sign; or (fl Landscaping. h. Access and circulation: (l) The number of required access points for a development shall be provided in Chapter 18.705; (2) All circulation patterns within a development must be designed to accommodate emergency and service vehicles; and (3) Provisions shall be made for pedestrian and bicycle ways abutting and through a site if such facilities are shown on an adopted plan or terminate at the boundaries of the project site. i. Landscaping and open space: (1) Residential Development: In addition to the buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities, a minimum of 20 percent of the site shall be landscaped. This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan, prepared or approved by a licensed landscape architect, and surety for such landscape installation; j. Public transit: (1) Provisions for public transit may be required where the site abuts or is within a'/4 mile of a public transit route. The required facilities shall be based on: (a) The location of other transit facilities in the area; and (b) The size and type of the proposed development. (2) The required facilities may include but are not necessarily limited to such facilities as: (a) A waiting shelter; (b) A turn-out area for loading and unloading; and (c) Hard surface paths connecting the development to the waiting area. (3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement. Page 13 of 15 September 20, 2006 k. Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter 18.765; (2) Up to 50% of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. l. Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.810. An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets, porous concrete, or eco roofs. m. Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100- year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. n. Shared Open Space Facilities: The detailed development plan shall designate a minimum of 20% of the gross site area as a shared open space facility. The open space facility may be comprised of any combination of the following: (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands, streams, or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements) for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements) for active recreational use. (4) The open space area shall be shown on the final plan and recorded on the final plat or covenants. o. Open Space Conveyance. Where a proposed park, playground or other public use shown in a 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, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods: Page 14 of 15 September 20, 2006 (1) Public Ownership. Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations. A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval. Dedications of open space may be eligible for Systems Development Charge credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below; (2) Private Ownership. By conveying title (including beneficial ownership) to a corporation, home association or other legal entity, and granting a conservation easement to the City in a form acceptable by the City. The terms of the conservation easement must include provisions for the following: (a) The continued use of such land for the intended purposes; (b) Continuity of property maintenance; (c) When appropriate, the availability of funds required for such maintenance; (d) Adequate insurance protection; and (e) Recovery for loss sustained by casualty and condemnation or otherwise. Page 15 of 15 September 20, 2006 i Attachment 3 Commissioner Caffall believes the applicant has considered every conceivable angle to make the development work. He realizes there will'be glitches with the parking, but the bupers will have to deal with it. President Inman believes there may be better opportunities for the pocket park. Other than the redwood tree, she tltinks the park is misplaced. She also agrees about the parking, but realizes that this is what happens with these types of projects. Commissionex Walsh hopes that the giant redwood is well preserved during the demolition and construction phases of the project. Commissioner Buehner noted that when she attended the neighborhood meeting, she expressed concerns about these same items. She had recommended the developer look at the proposed changes for the PD code. She is pleased that they took what the intent of the new code is and incorporated some of the ideas into the plan. For claxification of condition #24, it was noted that the Planning Commission is in favor of leaving the sidewalks in front of units 69-83 as shown on the plan. Commissioner Buehner moved for approval of Subdivision (SUB) 2006-10001 /Planned Development Review (PDR) 2006-10001/Zone Change (ZON) 2006-10001/Sensitive Lands Review (SLR) 2006-10003, 10004,10006 & 2006-00006/Tree Removal.Permit (TRE) 2006- 00011 & 00012/Variance (VAR) 2006-00070, 00071 & 00072, based upon the staff report and the testimony received at the hearing, with the clarification of #24. Commissioner Caffall seconded the motion. The motion passed unanimously. 5.2 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00003 PLANNED DEVELOPMENT CODE AMENDMENT REQUEST: The applicant is requesting approval of a Development Code Amendment to change the procedures and approval criteria for Planned Developments (Chapter 18.350) and add Defuutions in Chapter 18.120. The proposed changes to Chapter 18.350 include a new purpose statement, and a new approval process and approval criteria. Related defuutions of "density bonus", "landscaping", and open space facility" would be added to the Defuutions Chapter (18.120). The complete text of the proposed Code Amendment can be viewed at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.350 and 18.390; Comprehensive Plan Policies 1, 2, 3 and 6 and Statewide Planning Goa1s 1 and 2. STAFF REPORT PLANNING COMMISSION MEETING MINUTES - September 18, 2006 - Page 8 Associate Planner Sean Farrelly reviewed the history and process involved with the proposed planned development code changes. He noted the changes from current to proposed language (Exhibit B). For shared open space facilities, President Inman asked for clatification about designating a minimum of 20% of the gross site area as an open space faciliry. She wondered if it should be 20% of net rather than gross. The proposal states gross. President Inman also asked for clarification about section 18.350.070.4 i, Landscaping and Open Space. The minimum of 20% of the site doesn't specify if it's 20% of gross or 20% of net. Commissioner Harbison noted that the proposed code revisions contain two definitions for "minimal use facilities" - one defuution allows trails, the other does not. It was concluded that "minimal use facilities" should not allow trails. Trails should fall under "passive use". After much discussion, it was decided that the definition of "minima,l use facilities" should read, "No improvements apart from underground utilities and natural and ecological enhancements are allowed." After d.iscussion on section 18.350.070.4 n, for Shared Open Space Facilities, the Commission decided to remove the words "Exclusive of any other required open space or buffer areas,". The section would now read, "The detailed development plan shall designate a minimum of 20% of the gross site area as a shared open space faciliry. PUBLIC TESTIMONY Ernie Platt from the Home Builders Association of Metropolitan Portland submitted a letter requesting consideration of some changes to the proposed code language (Exhibit C). Rega.tding section 18.350.060 B 2, Alice Ellis Gaut (member of the PD Review Committee) advised that schedule dates are only an informational requirement, not a condition of approval. John Frewing (member of the PD Review Committee) advised that LUBA has already ruled that information requirements are not approval criteria. Regarding 18.350.060 C 4 c, some Commissioners agreed that building envelope could be an appropriate term rather than structural footprint. Regaxding 18.350.070 A 4 a(1), Commissioner Buehner advised that the goal of this section is to encourage developers to be creative. President Inman said she could see the problem with how the section is written. What they are looking for is some demonstration from the applicant that they have considered alternatives. Mr. Platt noted that the Commission can either approve or deny an application. If it's denied, that forces the issue of alternatives. Comm.issioner Walsh said he would like to preserve the intent of the section to challenge PLANMNG COM1vIISSION MEETTNG MINUTES - September 18, 2006 - Page 9 developers. Mr. Platt suggested expanding the sentence to say, "an alternate plan that would further demonstrate compliance with the purposes as stated in the ordinance and/or to address specific concerns." The Commission decided to change the wording of this section to read, "The Commission may require the applicant to provide an alternate site plan to demonstrate compliance with this criterion." Regaarding section 18.350.070 A 4 d, the Commission agreed to insert the words "single- fanlily attached and multiple-fanvly structures" ahead of "residential use" in the sub-rirle of this section. John Frewing, 7110 SW Lola Lane, Tigard 97223, agreed with Mr. Platt's third and fourth requests. The first one is just information. He would like the Commission to retain the right to ask for structural footprints. This is especially important with regard to tree protection. Mr. Platt noted that the building envelope may be site specific. The Commission may require a site specific building envelope. The Commissioners decided to strike the second sentence. The new second sentence shall read, "The Commission may require site specific build.ing envelope." Alice Ellis Gaut, 10947 SW Chateau Lane, Tigard 97224, signed up to speak but noted that all her issues had already been discussed. PUBLIC HEARING CLOSED For record, President Inman disagrees with the separation of the concept and the detail development plans. She believes it is an extra step that is not necessary. Commissioner Harbison moved to recommend approval of the Development Code Amendment to the Planned Development Chapter 18.350 and Definitions Chapter 18.120, file number DCA 2006-00003, with the changes discussed tonight, and based on the staff report and the testimony heard tonight. Commissioner Buehner seconded the motion. The motion passed unanimously. 6. COMP PLAN UPDATE - HOUSING/OVERVIEW - ECONOMY/OVERVIEW It was decided to postpone these items until September 25th. 7. OTHER BUSINESS ' None PLAIVIVING COMMISSION MEETING MIIIUTES - September 18, 2006 - Page 10 Attachment 4 Agenda Item: ~ 2- Hearing Date: September 18. 2006 Time: 7:00 P STAFF REPORT TO THE : . . . . PLANNING COMMISSION : FOR THE CITY OF TIGARD, OREGON SECTION I. APPLICATION SUMMARY FILE NAME: DEVELOPMENT CODE AMENDMENT TO THE PLANNED DEVELOPMEIVTS CHAPTER (18.350) AND DEFIIVITIONS CHAPTER lj 8•1" FILE NO.: Development Code Amendment (DCA) DCA2006-00003 PROPOSAL: The City is requesring approval of a Development Code 1lmendment to amend the Planned Developments Chapter (18.350) and the Definiaons Chapter (18.120) of the Tigacd Communiry Development Code. The proposed amendments would add a new purpose statement, approval process, approval aiteria and other revisions to Chapter 18350. Related definitions of "densiry bonus," "landscaping," and "open space faciliries" would be added to Chapter 18.120. APPLICAN'I': Ciry of Tigard OWNER N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: Citv wide COMP PLAN/ ZONING DESIGNATION: City wide. APPLICABLE REVIEW CRITERIA: Communiry Development Code Chapters 18.120.030, 18.350, 18.380.020, 18.390.06; Comprehensive Plan Policies 1, 2, 3 and 6; and Statewide Plann.ing Goals 1 and 2. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend approval to the T'igard City Council to amend the Planned Developments Chapter (18350) and Definitions Chapter (18.120) of the Tigard Community Development Code as determined through the public hearing process. STAFF REPORT T'O TI-fE PI..NNNING COMMISSION 9-18-2006 PI,BLIC HF..-1RM DCA 2006-00003/ PI_\N\ED DF\'F1.OPNfF:\TS CHAP7'[:R PAGE 1 OF 7 DE\'ELOPME\T CODE :1MF•.\DMEtiT S SF('TION III, BACKGROUND INFORMATION The Planned Developments Chapter of the Tigazd Development Code is intended to grant flexibility to the underlping development code standards, in order to encourage innovadve design and development, particularly for parcels that are physically consuained. Three yeazs ago, some Tigard citizens iaised concems about the density, appearance, and lack of open space in certain developments that were approved under the provisions of the Planned Denelopments chapter. On January 27, 2004, the Ciry Council passed a resolution to form a citizen committee to reciew and possibly recommend changes to the Planned Developments chapter. The Committee members represented a broad spectrum of views on the issue. The Planned Developments Code Review Committee held meetings over several months. They reviewed the code and made a recomrnendarion to substantially reorganize and rewrite the chapter. In April 2006, the Committee presented its draft chauges .to both. the Citp Council and Planning Commission. Both of these bodies made suggestions for further refinement. The committee met two additional times to refine the draft. The proposed code amendment was drafted with input from the Committee, the City Council, the City Attorney, the Planning Commission and staff. SECTION IV. APPLICABI.E CRITERIA AND FINDINGS Chapter 18.380 states that legislative text amendments shall be undectalcen by means of a Type IV procedure, as gaverned by Section 18390.060.G. Chapter 18390.060.G states that the recommendation by the Commission and the decision by t6e Council shall be based on consideration of the following factors: THE STATEWIDE PLAN1vING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAP'TER 197; Noace was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensice Plan have been acknowledged by DLCD. The following Statewide Planning Goals are applicable to this proposal: Statewide Planning Goal l- Citizen Invobement This goal outlines the citizen incolvement iequirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal was met by the City Council's appoinanent of a committee of citizens, who reviewed the Development Code and recommended changes. This goal has also been met by complping with the Tigard Decelopment Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Times newspaper prior to the public hearing. Two Public Heaungs aze being held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Notice was also sent to the owners of 53 properties that currendy have Planned Development Overlay designations and appear on the 2005 Tigard Buildable I.and Inventory. The proposed changes were also sent to other interested parties, including the Home Builders Association and seveial local land use consultants. STAFF REPORT TO THE PL.XNtiItiG C011MISS101 9-18-2006 PLBLIC f-F-kRI\G DC.\ 2006-00003/ PL-\N\ED DE\'ELOP1fENT'S CI-{:\P"TER P.1GE 2 OF 7 UG\'EI.OP`if3\T CODE AME\DME\T Statewide Planning Goa12 - Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensire Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The Ciry's plan procides analysis and policies with which to ecaluate a request for amending the Code consistent with Goa12. APPLICABLE METRO REGULATIONS: There are no applicable Metro reguladons that this amendment direcdy impacts. APPLICABLE COMPREHENSIVE PLAN POLICIES: Comprehensive Plan PoGcy 1.1.L• General Policies This poliry states that all future legislative changes shall be consistent with the Statew-ide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and the Regional Plan. Comprehensive Plan Policies 2.L1, 2.1.2, and 2.13.: Citizen Involvement These policies state that the City shall maintain an ongoing atizen involvement program, provide opportuniaes for citizen involvement appropriate to the scale of the planning effort and that infomnation on land use planning issues shall be available in understandable foLm for all interested citizens. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice of the Planning Commission public hearing was published in the T'~gard Times on August 31, 2006. Notice will be published again prior to the City Council public hearing. Notice was also sent to the owners of 53 properties that cucrendy have Planned Development Overlay designations and appeaz on the 2005 Tigard Buildable Land Inventors, and to other interested parties fo= comment The vvritten notices invited public input and included the phone number of a contact person to answ er anp questions. The noace also included the web address where the entire draft of the text changes could be viewed. This policy is also satisfied by the City Council's appointment of a citizen committee who reriewed the Development Code and recommended changes. Comprehensive Plan Policy 3: Natural Features and Open Space This policy addresses a broad range of topics all hacing to do with the nanual resources located in Tigard. The use of Planned Developments is suggested as a way to limit impacts on u-etlands (3.2.4) and designated tree or timbered azeas (3.4.2). This policy is satisfied because the proposed changes suengthen protection for natural resources. A new approval criterion would require identification of areas of significant natural resouzces on the concept plan and methods for their maximized protection, preservation, and/or management. Comprehensive Plan Policy 6: Housing This policy addresses housing in Tigazd. The Planned Development process is listed as a way to allow properties e:thibiting phy sical consuaint characteristics, e.g., steep slopes or floodplains, to develop w-ith densiry ttansfers allowable on the site (6.1.1). STAFF REPORT TO THE PL.MNNt?`G CON[titISSION 9-18-2006 PC,BLIC f-EARI\G DCA 2006-00003/ PL:X-NNED DE\'ELOP1fI3'`TS CI-LNP1ER PAGE 3 OF 7 DEN'ELOP.NfEtiT CODE.-MM6\DNff:\T , This polic}- is satisfied as the proposed amendment will preserve the flexibility of the Planned Decelopment process to develop properties will physical constraints. APPLICABLE PROVISIONS OF THE CITY'S IMPLEMENTING ORDINANCES. Tigard Development Code Chapter 18.120: Definitions This chapter contains the meaning of specific words and terms used in the Development Code. The proposed changes to the sections of the Planned Developments chapter include a number of terms that need to be specifically defined. The ternos aze "Density bonus," "Landscaping," and three "Open Space Facilitv" related definitions- "Minimal L'se Facilities," "Passice Use Facilities," and "Active L'se Facilities." Tigard Development Code Chapter 18.350: Planned Developments This chaptei establishes procedures and criteria for establishing Planned Development 0verlay Zones, which allow for flexible standards and other innovative planning practices, when developing property. The proposed amendment would substantially reorganize and rewrite this chaptes, and make a clear distinction between the Concept Plan and Detailed Development Plan sections of the approval process. The new organization of the chapter would start with an expanded new purpose statement, followed by an outline of the process, miscellaneous administrative provisions, the Concept Plan submission requirements, Concept Plan approval uiteria, Detailed Development Plan submission requirements, and Detailed Development Plan approval criteria. The proposed purpose statement is more comprehensice than the present code language. Environmental considerations would be made more central to the purpose of the chapter. The new language states the purpose of Planned Developments is: • To provide a means for pcoperty development that is consistent with T'igard's Comprehensive Plan through the application of flexible standazds which consider and midgate for the potential impacts to the City; • To provide such added benefits as increased natural azeas or open space in the Ciry, altemative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other ty-pes of assets that conuibute to the larger community in lieu of strict adherence to many of the rules of the Tigud Community Development Code; • To achiere unique neighborhoods which will retain their character and aty benefits, while respecting the characterisacs of existing neighbozhoods through appropLiate buffering and lot size transitioning; • To preserve to the greatest extent possible the existing landscape features and amenities through the use of a planning procedure (site design and analysis, presentation of altematives, conceptual review, then detailed reriew) that can relate the tppe and design of a development to a particular site; • To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the City; and • To provide a means to better relate the built envitonment to the natural environment through sustainable and innocative building and public facility construction methods and materials. The proposed approval process makes a clearer distincuon between the three pieces of the process in the present code: the Concept Plan, the Detailed Development Plan, and the Overlay Zone. Concurrent applications could be made for the Concept Plan and the Detailed Development Plan, but the Planning Commission would have to take separate acdons on each step. STAFF REPOR'C'TO Tf {E 131-3,:\tiI\G CON-t\tISSIOti 9-18-2006 PUBLIC REkRI\G DCA 2006-00003/ PLA:\tiED DE\'ELOPME\"I'S CH.-\P'I'ER PACE 4 OF 7 DEVELOPME\"I' CODE AME\DME\T Concept Plan: The Concept Plan would be a distinct step, with new submission requirements. The approval of the Concept Plan would require meeting these new criteria: • ProltTision of open space • Protecring natural resource areas • Integradon of development into the existing neighborhood • Promotion of walkabiliry/ transit • Identification of the uses and arrangement of the site • Demonstration that the planned development has significant adcantages over standard development (i.e. protects natural features and provides addirional amenities for the development and/or neighborhood.) Detailed Development Plan: The Detailed Development Plan was made a distinct step in the process with separate submission requirements. Approval of the Detailed Development Plan would now require a Type III review, meeting the following approval criteria: • General consistenry with the Concept Plan. • Meeting the land dirision prorisions • Findings to jusrify the modificarions to the following Development Code chapters: a) 18.360, Site Development Recliew b) 18.705, Access, Egress and Circulation c) 18.715, Density Computation and Limitadons (L1p to a 10% density bonus is allowed. A 1% densiry bonus foi each 5% of the gross site area set aside in open space, and up to S% fof other amenities, including items from the Planning Commissioner's Toolbos (a supplemental document separate from the Development Code.) d) 18.745, Landscaping and Screening e) 18.765, Off-street Pazking and Loading Requirements ~ 18.780, Signs g) 18.795, Visual Clearance Areas h) 18.810, Street and Street L'rility Improvements • Additional criteria, including requirements for. o Relarionship to the natural and physical environment o Buffering, screening and compatibility between adjoining uses o Privary and noise o Exterior elevations-residential use o Private outdoor azea-residential use o Shared outdoor recreation and open space o Demarcation of public, semi-public, and priv. ate spaces for crime prerentio❑ o Access and circulation o Landscaping and open space o Provisions for public transit (where the site abuts or is mile of a public uansit route) o Packing o Drainage (alternate means for stormwater conveyance may be proposed.) o Floodplain dedication oLNZandatory shared open space requirement (minimum 20% of the gross site area.) Distinctions are also made between "Minimal Use Facilities," "Passive Use Facilities," and "Active L se Facilities." o Open space conveyance STAFF REPORT TO TFIE PL.AN\ IivG CONt1fISS10` 9-18-2006 PL'BLIC f-IEAR[tiG DCA 2006-00003/ PLN\\ED DE\'F1.OP\1E\TS Cf-L-kPTER P.aGE 5 OF 7 DEN'ELOPME\T CODE AMEtiDME\"C Overlay Zone: The 0~-erlay Zone would be applied concurrendv with the approval of the Detailed Development Plan. The zone designaaon would not expire. Overall, the proposed new language and organization of the chapter preserves the original intent of the Planned Developments chaptec in the Tigard Community Development Code. The proposed changes reduce the ambiguity of the process and seek to assure that the tlexibility that is granted in the decelopment standards will result in development that has benefits for the communitv. Tigazd Development Code Chapter 18.380: Zoning Map and Text Amendments This chapter sets forth the standards and process goveming legislative and quasi-judicial amendments to this tide and zoning disnict map. I.egislative zoning map and text amendments shall be undertaken bc means of a Ty-pe N procedure, as govemed by Section 18.390.060.G. Therefore, the proposed text amendments to the Tigard Development Code will be reviewed under the Type IV legislatcve procedure as set forth in the chapter. Tigard Development Code Chapter 18390: Decision-Maldng Procedures This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Section 18.390.060.G states that the recommendation by the Commission, and the decision by the Counc.il, shall be based on considerarion of the following factors (reviewed above), including. 1) Statewide Planning GoaLs and Guidelines, 2) applicable federal of state statues of regiilations, 3) applicable INtetro regulations, 4) applicable comprehensive plan policies, and 5) applicable provisions of the City's unplementing ordinances. SECTION V. ADDITIONAL CITY STAFF CONIIIENTS The City of Tigard's Building Division, Po4ce Depactment, Public Works and Urban Forester have had an oppornuuty to review this proposal and have no objections. The City of Tigard's Long Range Planning Division reriewed the proposal and submitted sereral questions for clarification. Questions referred to language peanitting adjusmnents for lot dimensions and building height in the Sensitive Lands chapter (18.775) and density bonuses for tree canopy preserved in the Tree Removal chapter (18.790) Response If not otherwise addressed in the proposed Planned Developments chapter, any additional adjustments or bonuses allowable under other sections of the code can still be applied for. For example, the preservation of tree canopy would be eligible for a densit;v bonus (1% bonus for every 2% canopy preserved- up to 20%) could be applied for in addition to any density bonuses eligible under the Planned Developments chapter. SECTION VI. OUTSIDE AGENCY COMMENTS Meuo, Oregon Department of Transportation, Washington County Department of Land Use and Transportation, Tualatin Hills Park and Recreation I3istrict, Tualatin Valley Fire and Rescue, Tualatin Valley Water District, Clean Water Services and the Planning Directors of the cities of STAFF REPORI' "f0 TF{E PL-\N\I\G CU\t\fIS510N 9-18-2006 PUBLIC HEARI\G DCA 2006-00003/ PL..a:\tiED DEVEI.OPMEN'I'S CFLAP'CER PAGE G OF 7 DEVELOP\fE\T CUDF. .-1.MI:\UNtE\T Beaverton, Durham, King City, Lake Oswego, Portland, and Tualatin, were norified of the proposed amendments and did not respond. The Oregon Department of Land Conservation and Development responded via phone and had no objections. SECTION VII. OTHER PUBLIC COMMENT A tepresentative from the Home Builders rlssociation submitted comments, asking several quesrions for . clarification. These questions were discussed in a meeting with theu representarives. SECTION VIII. STAFF ANALYSIS AND CONCLUSIONS The proposed Development Code Amendment would extensively reorganize and add new language and procedures to the current Planned Developments chapter. These changes were recommended bp a citizen committee appointed bf the City Council. The changes comply aith the StateR-ide Planning Goals, the Tigard Comprehensice Plan, and applicable provisions of the City's implementing ordinances. Staff finds that the proposed rerision of the chapter is consistent with the original purpose and intent of the Planned Developments chapter of the Tigard Community Derelopment Code. The proposed changes would result in less ambiguit3- in the process and more of a guarantee that the flexibility granted in the development standards would result in positive outcomes for the communitY. Therefore, Staff recommends that the Planning Commission recommend approval of the Development Code Amendment to the Tigard City Council as deternuned through the public hearing process. ATTACHMENT: EXHIBIT A. PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY DEVELOPMENT CODE. ' September 8. 2006 PREPARED BY: ean FaLrelly DATE Associate P r September 8. 2006 r1PPR0 'ED BY: Dick Bewers DATE Planning Ni ger STAFF REPORT TO THE PI..-\N\I\G CO.W\[ISSIO\ 9-18-2006 PI,BLIC HEARItiG DCA 2006-00003/ PI..-k\\F.D DEVELOPMENTN. CE{.1I''TE:R P.1GF_ 7 OF 7 DEVELOPME\T CODE A M E\D.NtENT I Attachment 5 Home Builders Association of Metropolitan Portland October 4, 2006 Mayor Craig Dirksen City Councilors City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: DCA 2006-00003 Proposed Planned Development Code Amendments Dear Mayor Dirksen and Councilors: Thank you on behalf of the 1400 + member firms of the Home Builders Association of Metro Portland for the opportunity to submit these comments on the proposed amendments to the City Development Code. On balance, the revisions as proposed are rather benign and will not likely cause a major change in the application process for planned developments. As their September 18 meeting, the Planning Commission received comments from interested citizens, including myself, and has recommended to you for approval a document that embodies several suggested additions/changes that came about during that meeting. I concur in all of the suggested additions/changes, and urge the Council to approve the document as recommended by the Planning Commission. Thank you for the opportunity to comment on the proposed amendments. Sincerel ie Platt Director of Local Government Affairs 15555 SW Bangy Road ♦ Suite 301 ♦ Lake Oswego, Oregon 97035 Phone: 503.684.1880 ♦ Fax: 503.684.0588 ♦ www.homebuildersportland.org Striving forAffordability, Balance and Choice EXHIBIT A City of Tigard DCA 2006-00003 Proposed Planned Developments Code Revisions September 2006 Explanation of Formatting These text amendments employ the following formatting: ' f Str-ikethfeugh - For text to be deleted CjLQ) [Bold ahd Italic] - For text to be added Chapter 18.120 DEFINITIONS [SS. "Density bonus" - Additional dwelling units that can be earned as an incentive for providing undeveloped open space, landscaping, or tree canopy as defined further in this code.] [87. "Landscaping"-Areas primarily devoted to plantings, trees, shrubs, lawn and other organic ground cover together with other natural or artificial supplements such as water courses, ponds, fountains, decorative lighting, benches, bridges, rock or stone arrangements, pathways, sculptures, trellises and screens.] [104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned: a. Minimal Use Facilities. No other improvements (apart from underground utilities and natural and ecological enhancements) are allowed. b. Passive Use Facilities. Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways, pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains, picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access shall be provided where site considerations permit. c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater degree of site development and/or ground disturbance; such as sports fields, playground equipment, group picnic shelters, swimming pools, hard and soft surface pathways, restrooms, and similar facilities.] [Renumber definitions after #55 according to the above amendments] Page 1 of 21 September 20, 2006 . Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 T4e Process 18.350.030 Administrative Provisions 18:350:099 [18.350.0401 Concept Plan Submission Requirements [18.350.050 Concept Plan Approval Criteria] [18.350.060 Detailed Development Plan Submission Requirements] [I8.350.070 Detailed Development Plan Approval Criteria] 18.350.110 c►,.,....a n,,,,,, c,,.,,.,, 18.350.010 Purpose A. Purpose. The purposes of the planned development overlay zone are: , • , naffewer- , t 2 ~v rr„ ~ =ccc:ii+.,+cccce +t, crx~, o o~~,.:o., crizcrcnc. ,ci ,.f i.,,,a. -n- 3 T-o pF6m6te-ak3-ee6n6mi6affaagemG`t4-6i--,•,,,d , L•,,:l,a;,,,"', cnccric^rcivirr}="•rc°cn "r.r-vp°cii spaee, and > e and > > open , [l. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of fle.zible standards which consider and mitigate for the potential impacts to the City; and] [2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and] Page 2 of 21 September 20, 2006 [3. To achieve unique neighborhoods (by varying the housing sryles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and] [4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis, presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; andJ [S. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the City; and] [6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials.] 18.350.020 T-ke Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. [An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a corrimercial or industrial project, an approval authoriry may apply the provisions of this chapter as a condition of approving any application for the development.] B. Elements of approval process. There are three elements to the planned development approval process, as follows: ; ; and 2 Tl,o a ,al .,Ftl,o .io+a;lo.i .ao.,ol.,..,,,o.,* «.1.,., ~ . [l. The approval of the planned development concept plan; and 2. The approval of the detailed development plan. 3. The approval of the planned development overlay zone.] C. Decision-makiniz process. ; ne.. Y=annea a°.,°'^r....,°.,* zone „W^.. o,.+ sh,,,l be pr-eeessed-by means ef a T-ype-H! PC pr-eEeduf , on 18.390.050, w4fig 3`ffl' , g6 oa 18.390.040, * *ccc rc 2 ~-6 Accadic-ccs v2F1~ c~crr~sir~ cri--ro +l~o,. +.,..o ~ rL.o 8?Cl$tiiig--~3~@d de'b~~6~2i~-6~'~z6i~f6r-c?y ocri~.T- c~pc -vrccpp1:avc~civrr crn,--cipFs1:nvaavix ~,~il L.o « vovav ~ o ,o.av. vu , .,.70 uaauvi« +L.uv o Y.. «o.a tl,o ,.1,a.~+o,.s .,1,:,.1, ..1., tL.o ,..,..~:..,,1..« suasaa vv a iv v ~ fa1'I . [l. The concept plan shall be processed by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050.1 Page 3 of 21 September 20, 2006 [2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as governed by 18.390.050, to ensure that it is substantially in compliance with the approved concept plan.] [3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan.] [4. Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval. All applicants are advised that the purpose of separating these applications is to provide them clear direction in developing the detailed plans. Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone.] [5. In the case of an existing p[anned development overlay zone, once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application.] [6. If the application involves subdivision of land, the applicant may also apply for preliminary plat approva[ and the applications shall be heard concurrently with the detailed plan.] land, [D. Concurrent Anulications for Concent Plan and Detailed P[an. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development application (i.e. the concept approval must precede the detailed development approval); however each required action may be made at the same hearing.] 18.350.030 Administrative Provisions [A. Time limit on rlinm of detailed develonment plan. The concept plan approval expires after 1-112 years unless an application for detailed development plan and, if applicable, a preliminary plat approval or request for e-xtension is filed. Action on the detailed development plan shall be taken by the Planning Commission by means of a Type Ili-PC procedure, as governed by Section 18.390.050, using approval criteria in 18.350.070.1 74.[B.] Zoning map designation. An,~~~ ~ Yl.,,,.,oa ao.,ol,,......o..+ o,.l.,.. o ~..,s ~.oon .oa, [The planned development overlay zone application shall be concurrently approved if the Page 4 of 21 September 20, 2006 detailed development plan is approved by the Planning Commission.J The zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. , , 18.390.040, . ~ .,f ....,,s . ,;+h *ho vp+,,~ ao..vl,,...Y.o„+ ..l„r ,oa or- ,oa . „a;*;,,,,s the E9nunis Tho ao+.,:ioa .,i.,,, st,aii bo a ,oa , „ioss +t,o D;,.o,.+,,,- f.,as: . , ; 1.,.,,as..a«.:,.,~.• l.. T L.v ....,,,..v ,.o.l,,..os +L,o .,F .,,.o,,, spaee .,.a ~ v . ~ „L.:o..* a po*o.,+:a1 1,a-,a,.rl. a,,.a ~ • > pr-oposed > > utility > • pat432s t6 Ci-tt: Cenmnissien and ti-iV Coffffnis.; sL..,il •l°ctitYe wiicttiC.~tttt: acmiica C. Extension. 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 one year provided that: 1. No changes have been made on the original concepttW development plan as approved by the Commission; 2. The applicant can show intent of applying for detailed development plan [or preliminary plat] review within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. D. Phased development. 1. The Commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for conceptual development plan review. 2. The criteria for approving a phased detail development plan proposal are that: Page 5 of 21 September 20, 2006 a. The public facilities shall be constructed in conjunction with or prior to each phase; and b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. E. Substantial modifications to concepqgtj plan. [If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required.] p+,,.,l ao„ol„p.,.,vr+ pl.,,, sh.,ll pfi,..,+; [F. Noncomnliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter.] [G. Issuance of occupancv permits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued. However, 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 condition, the Director shall, as a precondition of the issuance of a required permit, require the posting oJ a performance bond or other surety to secure execution of the feature at a time certain not to exceed one year.] A. Thioneempliamee. AlenEemplianee-w~pr-eved detai-led develepme~a'.-a . , eenditions, , > > a „ o „ Vl ~+t~o :JJ{1CL11VV V „r ~ e oa ..e,..~, o +t,o ,,,,s+;n,. ,.f po..f ....,.,,,,.v i.,,., 1,/1VVV11\ {1{.1V11 L11V 1„~ oV+.1L.1V1 o.. ~ ,.o+. J{A1Vl,' . LV seVLl1V .,f +l,o f .,t„«o +:,,~o ..o..ta;w, o eo.a { ~ ~ e year-. A. eleetien. An applieant-fer- a Femmer-eW-er- indus*",eet may eleEt tedevelep~e ~ oa ao.~o...t.:::~..~,,, o..+, :.a e.~iiYi,:,,.,,,iw.v° +~,o 0 0 0.,*s ,.f t,,: * 1:..........,.. . F may ..1., +l,o *1,:~ ..L..,.~+o ..,....j,.....« a.a. ..a,...s. ~avi. .,.a:~:..., v. ~ uYYiv a-pplieatien A. , Page 6 of 21 September 20, 2006 ~ .,ii,,.,,oa .,,;.h pi„n„oa ao.,oi,,.,.„o„+ ,at• li , o .,ii,,.,,oa ,,,,+,.;,.h+ tho , „ao,.i.,;,,,. g a;s+,.;,,+• , 2 S:.,,.io f ,.,..;i., ao+a,.hoa ,,,,a .,,-►.,,.hoa s;aoff+;.,i , ,,;+s• , z r~„pio., °c;ao.,+:,,i ,,,;+s. ~ ~ 4 r,r„it: f ,,,;i., s;ao„+;.,i , ,,;+s. ~ 5 M.,.,,,f ,.+,,,.oa h,,f„os; > > the zone; 7 Geffhi:fmnity bttilding; > athietie > fitness > r-aequetball > swiffinling > tennis ,,,4 „ ;l., o; 9-vcAdeAr- r-@Er-ea416n faeility, g6lf EAufse, g6 , ^l, c2niir,rcv^"zar"4, ^vr sn 'xxxica -ccsC-; Tttitt B. , zone n.a> a.a.ai4;o ef 2504 „f +l,0 4.,4n1 g n 41e.,,.ar-e , 1.v , s0.7 F«,~.,,1t; > Efutr-ight uS2: C. , all.,.,,0.7 o,,+,-:..L.+ :n rl,o , ,..ao,.t.,;n.. z .a;s+«;,.t. 18.350.070 Applieability of the Base Zone Development Standar-ds- A. Cofnplianee to spegifie develeMef4 standar-d2. The pfevisiens ef the base zone ar-e applieable fvnvwrs . , „t ,..i., o er+ ,.oi.,+oa +ho aons:+., , mao,.rh.,..+o..i Q 7i c. • ~ 2 Site e6ver-C1ge. -rho s;+o o o „f +hv i..,so o .,h,,ii „ pi.,; 3-Buildiiig 3 . The ding height pr-6~iri$i6iiS~shall-n6ti~', ~~.Y.o C4J tL,., 411GLt V^«0.7 1.., +L.o l.aso e loss .,tL. o«.,.:~o « .:.70,7 1,.. !''L.a,.+o« 1 4.26l1. J{.I.111V S 7 UntfA EAd2-F2quir-em2FitS- "vr f~r"'°c "v-c'^rli-S; z.'~ E•. L`«e.t ~ ~ J'~,. .i .,.,.~1 _ °J'.._~.. - ~.,«.7 ~o+L.~..L «e~1 o,,,..o«+~ ~L.o 1...,~o .,o*b..,..L ~L...11 ....j:.~.,,1J * i . ~ ~ 04«, i.4„UVJ Vll 4ti. L1IV o inter-ief ef 4h0 pfejeet o e.. 4 4ti..,4. J~1lLVll , , , ti.;..ti. r~.r D~ Rn«n~~D_ ...._»~..o ~ ~.4.., ~.4 » ~ Jmd s__""__ "'_1~"'d _e' n'J r-e ..Y"'... __"_g n+.-ev4 (2~ /1 minimiim &•,,,t J~..,,.rl so+l.a..l~ .,f o;..L,+ F o+ o.a F f ~ / b °a"u iv n,.L;,,., s ,:.-]orl Page 7 of 21 September 20, 2006 , ,,,,,a;f:oa b.. +t,;s ,.h.,,.+o,. o.,..o„+n rrt,o r„ n+ p+;,. +ho „ff s*.. o+ ; "f TL.o ,.1;...,+:..., ;s F o .aos;g,,o.l f r a ..;F:.. pur-pose ,.1,:..1, : .,+o,,.lod L.v e home, > , f nff n4 ndjo:r:rrr , ,.1,:..1, .naLo «.,.L.1:.. :.,to«os+ t.. ,t p+;.,w, t., ,..,«k:,,,t st.,n.a.,...1~ B. &EEeptiei4s te--s~ ,~-f2.liFel~2eits. Th°c-cvrimirs ' e'xceptieirte th(,~gFl rl;,,,o„s;o,,a1 r o„rs +l,o ap1;..al.lo o i..,so,l f.,d:«„s t1,a*. ; - heemseptien is neEessafy-fer--adequate-idextifie-atien-af *e use an the pr-epefty , 2004 „Fti,o gr-ess s:to t,, bo,.,ras,..,..oa 18.350.099 [ 18.350.040] Conceptual Bewelopment Plan Submission Requirements A. General submission reQUirements. The applicant shall submit an application containing all of the general information required for a Type 1114 [-PC] procedure, as governed by Section 18.390.050 [and the additional information required by 18.350.040.B.] In addition, the applicant shall submit the following: 1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include: [a.] A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. [b. An explanation of the architectural style, and what innovative site planning principles are utilized including any innovations in building techniques that will be employed.] [c. An explanation of how the proposal relates to the purposes of the Planned Development Page 8 of 21 September 20, 2006 , Chapter as expressed in 18.350.010.1 [d. An explanation of how the proposal utilized the Planning Commissioner's Toolbox.] 2. A[general] development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development. [In the case where a residential subdivision is proposed, the statement shall include the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders.] . , f.,,.., +ho ,,:,.o,.t,... B. Additional information. In addition to the general information described in Subsection A above, the concept plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: 1. Existing site conditions; 2. A site concept [including the rypes of proposed land uses and structures, including housing types, and their general arrangement on the site]; 3. A grading concept; 4. A landscape concept [indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); [S. Parkircg concept;] -5. [6.1 A sign concept; and [7. A streets and utility concept; and] [8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable.] 6 n eepy „f .,ii o :s+;.,,. „ oa ..os*..;,,+:,,..s „ .,+s [C. Allowable Uses1 1. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c. The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; Page 9 of 21 September 20, 2006 c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; £ Accessory services and commercial uses directly serving the planned development only and which are customary or associated with, but clearly incidental to, the residential uses permitted in the zone [such as personal services, preschool or daycare, and retail uses less than 5,000 square feet in sum total]; g. Community building; h. Indoor recreation facility; athletic club, fitness center, racquetball court, swimming pool, tennis court or similar use; i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and j. Recreational vehicle storage area. 2. In commercial zones. In all commercial zones, an applicant with a planned development approval may develop the site to contain all of the uses permitted outright in the underlying zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi- family dwellings in those commercial zones that do not list multi-family dwellings as an outright use. 3. In industrial zones. In all industrial zones, a planned development shall contain only those uses allowed outright in the underlying zoning district. [18.350.050 Concept Plan Approval Criteria] [A. The concept plan may be approved by the Commission only if all of the following criteria are met: 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their maximized protection, preservation, and/or management. 3. The concept plan identifies how the future development will integrate irtto the existirtg neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops, etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes . shall be shown in relation to their proposed locatiort on site. Page 10 of 21 September 20, 2006 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood.J [18.350.060 Detailed Development Plan Submission Requirements] [A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type lil-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.B and the approval criteria under 13.350.070.] [B. Additional Information. In addition to the general information described in Subsection A above, the detailed development plan, data, and narrative shall include the following information: 1. Contour intervals of 2 to S ft, depending on slope gradients, and spot elevations at breaks in grade, along drainage channels or swales, and at selected points, as needed. 2. A specific development schedule indicating the approximate dates of construction activiry, including demolition, tree protection installation, tree removal, ground breaking, grading, public improvements, and building construction for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. 4. Moderate to High Density Deve[opment Analysis. If proposing development in an area within a Metro designated town or regional center, the following additional information may be required: a. Air movement: Prevailing breezes characteristic of a region may be greatly modified by urban high-rise structures. Predominant air movement patterns in a city may be along roadways and between buildings. The placement, shape, and height of existing buildings can create air turbulence caused by micro air movement patterns. These patterns may influence the location of building elements such as outdoor areas and balconies. Also a building's design and placement can mitigate or increase local wind turbulence. b. Sun and shadow patterns: The sun and shadow patterns of existing structures should be studied to determine how they would affect the proposed building. This is particularly important for outdoor terraces and balconies where sunlight may be desirable. Sun and shadow patterns also should be considered as sources of internal heat gain or loss. Building orientation, window sizes and shading devices can modify internal heat gain or loss. Studies should include daily and seasonal patterns and the shadows the proposed building would cast on existing buildings and open spaces. c. ReJlections: Reflections from adjacent structures such as glass-clad buildings may be a problem. The development should be designed to compensate for such glare or if possible, oriented away from it.] [C. Comvliance with snecirc develonment standards. The Detailed Development Plan shall show Page 11 of 21 September 20, 2006 compliance with base zone provisions, with the following modifications: 1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the mar_rirrzum site coverage shal[ be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; 3. Building height: In residential zones, any increase in the building height above the maximurrt in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-112 times the height of the building. 4. Structure setback provisions: a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; (2) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. (3) A minimum front yard setback of eight feet is required for any garage opening for arc attached single family dwelling facing a private street as long as the required off-street parking spaces are provided. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The commission may require site specific building envelopes. 5. Other provisions of lhe base zone. All other provisions of the base zone shall apply except as modified by this chapter.J 18.309 [18.350.070 Detailed Development Plan] Approval Criteria [A. Detailed Develonment Plan Anproval Criteria. A detailed development plan may be approved only if all the following criteria are met: 1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: Page 12 of 21 September 20, 2006 a. The change increases the residential densities, increases the lot coverage by buildings or reduces the amount of parking; b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; d. The change commits land to development which is environmentally sensitive or subject to a potential hazard; and e. The change involves a major shift in the location of buildings, proposed streets, parking lots, landscaping or other site improvements.J A. ment-r-ewiew. Thof Chapter- 1-8:360, Site Bevelepment Review, • , • ~pplieatien. -4 [2.1 All the provisions of the land division provisions, Chapters 18.410, 18.420 [Partitions] and 18.430 [Subdivisions], shall be met [if applicable]; 2. [3.1 Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this [chapter] seetien. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed in cubs°e*ien 2 below. [The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested.] Thv ~ ao.,oi,,..o ~av ~ViVj.JVi,. 1..,K', V1IVVJV ,.i.,.,,~o LV 1.J1VYll.{V .:ao Vl,. LL1 *i.o equi-r-e aa:t:,..,t a~a11V ~o~:i.n4;..v. .~v.al.~. {Alll.{!Vlv P f nddi4i.~.r.n1 er. :4ioc., lnv.annnr.:r.R i.« 4«00 ..ln.~.4:,~... Y~ \.lVVl1Vl~L{.1V11 [a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same rype of issues as the Site Development Review.] [b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety Page 13 of 21 September 20, 2006 considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site (vehicles, bicycles, pedestrians, and transit).J --a: [c.] Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, [using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, densiry shall be aggregated for each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission.] The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/ or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1) [A 1% bonus for each S% of the gross site area set aside in open space, up to a maximum of 5%,J ^ max;m„m of 30' is allowed for the provision of [active use recreational open space] , exclusive of areas contained in floodplain, [steep] slopes Rr°°*°r *h°^'c drainageways, or wetlands that would otherwise be precluded from development; (2) [Up to a maximum of S% is allowed for the development of pedestrian amenities, streetscape development, recreation areas, plazas, or other items from the "Planning Commission's Toolbox. " J o ao.,ot„p....o.,+' . ao..oi,...oa n.., 111{.LLl1 „f Zoi :.,tt,,.,oa f ..t.,.,as,..,..; `LJ l 1 l1II1 ~ open , plazas and pedestfian pathwayss asad ralcatiad nd amenities; r-eer-eation ar-ea do olo r.4. nr..-~/.~. «040..4:e« of ov:n4ir.R.e7 go4n4i~...• ('21 A .v. iiiui'~" ~ F20% . .~ll.,c:ro.7 F r 0.,4..~v. .~.f ..:n„nl F ,.nl v. v.4c.. , o .~Fo .i 4i ~ : .,L...~;...,1 :+:os s ..b, .,s +..«..,.«a..,:., . o.,, .,«d s ../.,,;,,d o ~ «t.,+:..... NiiyJrv f4~imum-Af 3-°4 qual4y~Af--ar-Ehitec~tir-al , .,~an,~ style; h.,..m,,n:,,,,s , o ~,.,+o,.:~i~.f.L1J~ : .,,+:.,o i.,,;la;,,,. „ e., 4„+:,,., b,,:ta:n,. ai,..., a 1 ll ~ use 111Ci1V1 V 1 llousing types. [d.] Chapter 18.745, Landscaping and Screening. [The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect, provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified.] [e.J Chapter 18.765, Off-street Parking and Loading Requirements. [The Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if : Page 14 of 21 September 20, 2006 (1) The minimum number of parking spaces is not reduced by more than 10 percent 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, e.g., 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, and reducing t/:e standards will not adversely affect adjoining uses; or (S) 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.J [f.J Chapter 18.780, Signs. [The Commission may grant an exception to the sign dimensional requirements in the applicable zone if.• (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs; and (2) The exception is necessary for adequate identification of the use on the property; and (3) The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties.J [g.] Chapter 18.795, Visual Clearance Areas. [The Commission rriay grant an exception to the visual clearance requirements, when adequate sight distance is or can be met;] ~ h.J Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks; and 18.810.060, Lots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an exception request. The Commission can only grant an exception to street sanctions if it is sanctioned by the City Engineer. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: (1) Public safery will not be compromised; and (2) In the case of public streets, maintenance costs will not be greater than with a conforming design; and Page 15 of 21 September 20, 2006 (3) The design will improve stormwater conveyance either by reducing lhe rate or amount of runoff from present standards or increasing the amount of pollutant treatment.J . Chapter- 18.730, ; . Chapter- 18.795, ; . Chapter- 18.745, ; o rha.,+o,.18765 nff s+ ,.oo+ u.,,.k;,,,. ,,.,a r,,,,a:.,g vv,,,,:..v,..,o.,+s. . . > > . Chapter- 18.705, Aeeess, ; 18.780, Signs. -3-. [4.1 In addition, the following criteria shall be met: a. Relationship to the natural and physical environment: (1) 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. [The commission may require the applicant to provide an alternate site plan to demonstrate compliance with this criterion; J (2) Structures located on the site shall not be in areas subject to ground slumping and sliding [as demonstrated by the inclusion of a specific geotechnical evaluation;] f.. o ,o,.+;,. i-, (4} [(3) Using the basic site analysis information from the concept plan submittal,J the structures shall be oriented with consideration for the sun and wind directions, where possible; a~ *t,o cT ~.;Jo,.cc+ *v „ cna, ) T-Fees pr-@S2f-L,@t~ ttl yKY~,e extent p6SSibl* vr cr,.vco~ iT :snv ---~~E2tT~@nf ~c 0 0,-. *s .,f !''L,a«.ro,-1 4 '7(]!1 T «oo Do,Y..~.,.,1 . ~ b. Buffering, screening and compatibility between adjoining uses: (1) Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; (2) In addition to the requirements of the buffer matrix (Table 18.745.1), [the requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same level of buffering and screening with alternate materials or methods.] The following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (b) The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s) from which buffering is needed; (d) The required density of the buffering; and (e) Whether the viewer is stationary or mobile. Page 16 of 21 September 20, 2006 (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; (b) The direction from which it is needed; and (c) Whether the screening needs to be year- round. c. Privacy and noise: 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; [d. Exterior elevations - single family attached and multiple family structures: Along the vertical face of single family attached and multiple family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet; (2) Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and (3) Offsets or breaks in roof elevations of three or more feet in height.J d. fe.J Private outdoor area [residentialJ mti1ti fafflily use: (1) , [Exclusive of any other required open space facility,] each ground-level residential dwelling unit shall have an outdoor private area (patio, terrace, [or] porch) of not less than 48 square feet [with a minimum width dimension of four feet;J (2) Wherever possible, private outdoor open spaces should be oriented toward the sun; and (3) Private outdoor spaces shall be screened or designed to provide privacy for the use of the space. e. [f.J Shared outdoor recreation areas -[residential] multi family use: (1) rn „aa;+;,,n s„bp.,...,,.,..,pt,s (2) .,,,a (3) ,.f *h:s so,.+;,,n [Exclusive of any other required open spacefacilities,] each mu'*ip'° aw°"i-ag [residential] development shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a) Studio units up to and including two bedroom units, 200 square feet per unit; and (b) Three or more bedroom units, 300 square feet per unit. (2) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (3) The required recreation space may be provided as follows: ; (~b) it may bepai4-eutde~ft indeeF spaee; €er e3c ' , eu4deer- tennis ,.4 a„a .,,a„ o m; ; Page 17 of 21 September 20, 2006 ~a,,,,,. 2ps'1~ ffffn6ii SpaE~ at4 v~ 4~~°. rv~ 1~ i+ cvca , 1m a t, v°c ii vcccrn~v E6 -i- 2~rr--r r 1, , +o,,,,;s ,,.4, ,„rleer oa+;.,,, « .,.i L.al...,n:os o ~ , • [(a) Additional outdoor passive use open space facilities; (b) Additional outdoor active use open space facilities; (c) Indoor recreation center; or (d) A combination of the above.J [g. Demarcation of public, semi public and private spaces for crime prevention: (1) 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 to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and (2) These areas may be defined by, but not limited to: (a) A deck, patio, low wall, hedge, or draping vine; (b) A trellis or arbor; (c) A change in elevation or grade; (d) A change in the texture of the path material; (e) Sign; or (n Landscaping.J € [h.J Access and circulation: (1) The number of [required] allowed access points for a development shall be provided in Chapter 18.705; (2) All circulation patterns within a development must be designed to accommodate emergency [and service] vehicles; and (3) Provisions shall be made for pedestrian and bicycle ways [abutting and through a site] if such facilities are shown on an adopted plan [or terminate at the boundaries of the project site.] g. [i.] Landscaping and open space: (1) Residential Development: In addition to the [buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities,] ro 0 0.,* 3 „ .,f .,.x..ta,abiw ~T~ r,,~ ~,.~~a (5) ,.f seetion f +h• b t• , a minimum of 20 percent of the site shall be landscaped. [This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan, prepared or approved by a licensed landscape architect, and surety for such landscape installation;] (2) Cenimer-cial Bewelepmen*: ^ ri, w, e€15-per-Eent-ef the site sh'~-be landseaped•,---ana (31 Tnrl~t~i~'rl De~ze.].~,~ ll t a a. • , 1+: [j.J Public transit: Page 18 of 21 September 20, 2006 (1) Provisions for public transit may be required where the site abuts [or is within a'/o mile ofJ a public transit route. The required facilities shall be based on: (a) The location of other transit facilities in the area; and (b) The size and type of the proposed development. (2) The required facilities [may include but are not necessarily limited to] shall-be limit te such facilities as: (a) A waiting shelter; (b) A turn-out area for loading and unloading; and (c) Hard surface paths connecting the development to the waiting area. [(3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement.] 18.780, . Signs- (a) b9Ez'iti6t3-°vf °crlr,ngns pi-6p6sed f6r- the-a2i=ciAisiirenisri°c; csiia /1,1 Tb,o signs sl,all n.,t .,L.s..,,«o .,ol,:..lo .a«;..o«'s s .,L,+ ,a:st.,.,..o• 0 j, [k.] Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter C-haptef 18.765; (2) Up to 50% of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. k, [I.]Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter [18.810.118.775, "na +h° er:*°r;a :n *h° aaep*°a 1981 master- dr-ainage ;[An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction oJstormwater runoff or an increase in the level of treatment will result from the use of such means as green streets, porous concrete, or eco roofs.] h [m.]Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. [n.J ' 4.0.o Shared Open Space [Facilities: The detailed development plan shall designate a minimum of 20% of the gross site area as a shared open space facility. The open space facility may be comprised of any combination of the following: Page 19 of 21 September 20, 2006 (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands, streams, or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements) for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements) for active recreational use. (4) The open space area shall be shown on the final plan and recorded on the final plat or covenants.J [o. Open Space Conveyance. Where a proposed park, playground or other public use shown in a plan adopted by the Ciry is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods:] o +ho foll,,.,,:.,,, „ ..l:os. ; and a a-.- [(1) Public Ownership.J u., aoa;,..,+;,,., the C;+.. „i.i;,.i.. „ oa .,..a maintaine epea-spaee- Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations [A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval. Dedications oJ open space may be eligible for Systems Deve[opment Charge credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below;] -43~: [(2) Private Ownership.] By l'asing--e~ conveying title (including beneficial ownership) to a corporation, home association or other legal entity,[and granting a conservation easement to the City in a form acceptable by the City. The terms of the conservation easement must include provisions for the following:J Nk4 r-etaining P-develepme ' *ethe pr-ePer-t-Y~ke-terfas of susl3 Page 20 of 21 September 20, 2006 i~a~~ o.,~o ,.+ho,.;.,s+..,,....o.,+ „f ,.,,.,o.,.,,.o ,r+ : ,.i„ao pr-ovisions ,:tai.io +i.v r;+., o (44 (a) The continued use of such land for the intended purposes; (2) (b)Continuity of property maintenance; {-3) (c) When appropriate, the availability of funds required for such maintenance; (4) (d) Adequate insurance protection; and (e) Recovery for loss sustained by casualty and condemnation or otherwise. Page 21 of 21 September 20, 2006 C ~ !'1' ~J~✓' 7~'LaG✓G ,v%2 ylo~ Chapter 18.350 PLANNED DEVELOPMENTS ~ Sections: 18.350.010 Purpose 18.350.020 T-he Process 18.350.030 Administrative Provisions 18.358:098 [18.350.0401 Conceptual Bevelepaen~ Plan Submission Requirements [18.350.050 Concept Plan Approval Criteria] [18.350.060 Detailed Development Plan Submission Requirements] [18.350.070 Detailed Development Plan Approval Criteria] 48.350.100 ,,,,..,....,i r,.;+,.,.i., 18.350.010 Purpose A. Purpose. The purposes of the planned development overlay zone are: standar-ds, , naffewer- , ,.os,.lt : 0 « living 0 0.,*; 2-To €asiliWe-t#e effiraiexr„ „f l,,,,a; , buildings, eir-eulation , open „a „+:l•t;o.,. r...,,.o, a~ paFtioular ; and > their- > open , living „*s [l. To provide a means for property development that is consistent with Tigard's Comprehensive P[an through the application of Jlexible standards which consider and mitigate for the potential impacts to the City; and] [2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation oJ significant natural resources, aesthetic appeal, and other types oJ assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and] Page 2 of 21 September 20, 2006 [3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and ciry benefits, while respecting the characteristics of ezisting neighborhoods through appropriate buffering and lot size transitioning; and] [4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis, presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a deve[opment to a particular site; andJ [S. To consider an amount oJ development on a site, within the limits of densiry requirements, which will ba[ance the interests of the owner, developer, neighbors, and the City; and] [6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials.] 18.350.020 T-he Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. [An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercia[ or industrial project, an approva[ authority may apply the provisions of this chapter as a condition of approving any app[ication for the development.] B. Elements of approval process. There are three elements to the planned development approval process, as follows: ] Tl,o ,.,1 .,f *l,o ..1.,.,,,0.7 .~lo..ol.,«...,o„t o«1.,.. a a aav uY~i" °,t 7 Tl, :pp:.. . µl of +l, v p1., °ci-cicv°civPnzcni-cviic°cZi cp lur ;-arca [l. The approval of the planned development concept plan; and 2. The approval of the detai[ed development plan. 3. The approval of the planned development overlay zone.] - C. Decision-making process. A n;w Y?; ..,.e'' ae.e'V~./ l, ~ .e:4 „ ' ♦ Vll µ^y L. --~V11V lLl1W `'/VI eeneept l ''ll , 18.390.050, using . r-??i?V~,°~cu-by-inea3S-Af a T-ype-11-pF6E2dtffe, as-g6=reFned by 1$~90.040, to ensur-e +1, + subr*.,,,+;,,»., . sefnplianse-~Nith-tkP--a~pr-9=: ed sencePt-Qe,relepment-plan.-in the ease of , [l. The concept plan sha[l be processed by means oja Type III-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050.1 Page 3 of 21 September 20, 2006 [2. The detailed deve[opment plan shall be reviewed by means of a Type III-PC procedure, as governed by 18.390.050, to ensure that it is substantially in compliance with the approved concept plan.] [3. The planned development over[ay zone will be applied concurrently with the approval of the detai[ed plan.] [4. Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approva[ criteria for each approvaL All applicants are advised that the purpose oJseparating these applications is to provide them clear direction in developing the detailed plans. Rejection oJthe concept plan will result in a corresponding rejection of the detailed deve[opment plan and overlay zone.] [S. In the case of an existing planned development overlay zone, once construction of the detailed plan has been completed, subsequent applications conforming to the detailed p[an shafl be reviewed under the provisions required in the chapter which apply to the particu[ar land use app[ication.] [6. If the application involves subdivision of land, the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan.] and-€eF a~pr-eval-ef t#e-FenEeptual--dwve}epment-plan--tna.,-be neafd-ceneii eady --if~ .,l;,..,+:,,n f e ,.h „f +ho .,,..;,,.,s : „b,.,:,toa ' ens--i€-the-applie-atien-invelves-s~bdivisien--e€ land, sensuff e~}Y: [D. Concurrent Auu[ications for Concent Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shafl clearly distinguish the concept from the detailed plan. The Planning Commission shafl take separate actions on each element of the Planned Development application (i.e. the concept approval must precede the detailed development approval); however each required action may be made at the same hearing.] 18.350.030 Administrative Provisions [A. Time limit on filinQ ol detailed develonment nlan. The concept plan approval expires after 1-112 years unless an application for detailed development plan and, if applicable, a preliminary plat approval or request for extension is filed Action on the detailed development plan shafl be taken by the Planning Commission by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria in 18.350.070.1 A.[B.J Zoninp, map designation. ~ [The planned development overlay zone application shall be concurrently approved if the Page 4 of 21 September 20, 2006 detailed development plan is approved by the Planning Commission.J The zoning map shall be amended to indicate the approved planned development designation for the subject development site. T'he approval of the planned development overlay zone shall not expire. , , 18.390.040, . a_ ~ 1i ~ r'i.~~`eF saa~,,,ti~,aaa arra., ~ u ~ i u~1 +~,a~` a`+µai~a a`vV1VtJ111V114 o~„ .,.,o.,. t.,,, rlllAll {ll./Vli fI11a• * ti,o f .,.,i ..l t.lII1~ + L,., ' nf Ymn wi+h +hA n os~ *iinl dA~~Al/~r~~v~AH+ r~lnN a rAd or- rod ~ rf+~1 n Mdi+iAM[~ b)r the-EenuntssteLl". 1 li -r~.e ao*.,•~ LV {.iiIIVoa ..i,,n sh.,ii bo .oa , „ioss +i,o D;ro,.*,,.. f.,as. Z KS1. TM11V v I~MII VlIN.lI *Yfv iAAN+1~11 dA [~i+'ton, +~1A ln+ A e A M< ~V ~ ~ ~ ~ b..:la:r.ns o rod..non 41.o n r.4 of ....rLing; 1,. Tza1.v o ..,a„g0 ,.0,7,,..as *L,o .,f .,..o„ s ° ...1 ~ 1.,,,,as..a,.:.,~.• v ~ . ; e and e. i-n2-~e inv6lShift-'izrcii-ivc£ri-iv„ „f L•,,;1d:,,,•"-pr-vpvscd .rirccc. , par-kiiig lot eenfigur-ation, utility e • A .~lo..:~:~„~, 1... +l,o Tl:,. ..o..r......,.« ..,aj , i.~, ~..~.i,..~ o~lo.au 1.. vy , tL.o 1" * or- ..+L. affeeted/appr- paFties .a develep stantially-Eefr€erms te t#e appr-eved-ceneeptuai developnent plan C. Extension. 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 one year provided that: 1. No changes have been made on the original concepttW development plan as approved by the Commission; 2. The applicant can show intent of applying for detailed development plan [or preliminary plat] review within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. D. Phased development. 1. The Commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for conceptual development plan review. 2. The criteria for approving a phased detail development plan proposal are that: Page 5 of 21 September 20, 2006 , a. The public facilities shall be constructed in conjunction with or prior to each phase; and b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. E. Substantial modifications to concept!i4 plan. [If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required] [F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter.] [G. Issuance oI occupancv nermits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued However, when the Director determines that immediate execution of any feature of an approved detai[ed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary condition, the Director sha[l, as a precondition of the issuance oJ 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 e.zceed one year.] ..l:.,nce-14enEemplianEe--withP=6, e1 -aecaiied-Qevel6pmezxt P'aa-,r~~' 'c' ~r-ve a B. :ts Tl.o a ,1 1C'~'°crvvnzcnT * ..1,.,1 ancci1 v l.0 cv 1cc tca .1 ' zi accvra,azmcc '+1., +l. , -r-~rrvi-r~ vrcrrcra . , eenditions, > > > t~re.. .,,,,;t;.,.. .,F *L.o : o v.,F u « voiiui.. .a permit, o +L.o ...,s*:«,. ,.f per-fefmanee 1. 1+ a ot}1e.. «o+<. secure 0 0 „t;., .,Ftl.o F .,t,,..o .,t a *:.,-.o ,.t + ♦ ,a ~ a1 or- .,.7„s+«'.,1 ~ - pr-ejeet J develep-the ~F6'~•.* F/..1a 0.7 ,ioc,tolVV r 1l; v ,;*l, tL,o o e..+s ,.F +l.: ,......t,... [1LIIL L~A1vf1r0Y/~~~]~ n Ml'~11[~+rin] /~AC10ll1N~V~ } VVaau~aVaVl(4l Vl Lllt{{AJl11GL1 . A. , Page 6 of 21 September 20, 2006 ~ ~te ' Vof: ~ ~ ~ [4~ ~ ~ ~~~y~'• , y ~ ~ ~ ue- geptember 24 ,2()06 Page~ of21 , t 'f'h~ Y ;s ~..~.a n b..,o.,+o~..,. . ~ n Y~erv.,~ o„t „f tt, a t.• ; a . ~ 7 TL.V o .,1: GLfJ~J1Z...,*;~,., :s f « „ ,-1v.,;R„o.l F f e..;F;.. 1,' l. ' + .~1 ,~1 ♦ L. 4 111VGiGIVi1-C 7 e.g., ) ; f ! aff i.4 nd: r~~.i.nl.~o .s ~ ~ -----.,s------ -=i`------------- --rr---~.,-- ~.,"o _ ti..~noa . .b.. 4l. t• . e ; and 3 The sign %411 be eofnpatible with the ever-all site plan, tL,o st.-.,..*„ e ...a , e .,.7 ,w' 111V ~ efncnr~4n Tnti.o _ (~o ~ ssirnr 4 cff cka.co r 4irori -~c.~irrri-c:ir`v- ercarc -r- 4 c~ - 4n(. ~ j 2n~~ oft~ •*o „ ,.o l~„a~,..,..oa , b.~n~ *~o 1$.359.898 [ 18.350.040] Conceptual Bevelepment Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type IIIB [-PC] procedure, as governed by Section 18.390.050 [and the additional information required by 18.350.040.B.] In addition, the applicant shall submit the following: l. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include: [a.] A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. [b. An exp[anation of the architectural sryle, and what innovative site planning principles are utilized including any innovations in bui[ding techniques that will be employed ] [c. An explanation of how the proposal relates to the purposes of the Planned Development Page 8 of 21 September 20, 2006 Chapter as expressed in 18.350.010.1 [d An explanation of how the proposal utilized the Planning Commissioner's Toolbox.] 2. A[general] development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development. [In the case where a residential subdivision is proposed, the statement shall inc[ude the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders.] . , ft,,.,, tt,o r,:.. B. . Additional information. In addition to the general information described in Subsection A above, the concept plan, data, and nanative shall include the following information, the detailed content of which can be obtained from the Director: 1. Existing site conditions; 2. A site concept [including the types of proposed land uses and structures, including housing types, and their general arrangement on the site]; 3. A grading concept; 4. A landscape concept [indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); [S. Parking concept;] -5. [6.1 A sign concept; and [7. A streets and utiliry concept; and] [8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable.] oa * + 6- J1 e"^Yy of ex.s,.: s +•5 v. ~,av~,v , [C. A[lowable Usesl 1. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c. The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; Page 9 of 21 September 20, 2006 c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; f. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with, but clearly incidental to, the residential uses permitted in the zone [such as personal services, preschool or daycare, and retail uses less than 5,000 square feet in sum total]; g. Community building; h. Indoor recreation facility; athletic club, fimess center, racquetball court, swimming pool, tennis court or similar use; i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and j. Recreational vehicle storage area. 2. In commercial zones. In all commercial zones, an applicant with a planned development approval may develop the site to contain all of the uses permitted outright in the underlying zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi- family dwellings in those commercial zones that do not list multi-family dwellings as an outright use. 3. In industrial zones. In all industrial zones, a planned development shall contain only those uses allowed outright in the underlying zoning district. [18.350.050 Concept Plan Approval Criteria] [A. The concept plan may be approved by the Commission only if all of the following criteria are met: 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifces areas of significant natural resources, if any, and identifies methods for their maximized protection, preservation, and/or management. 3. The concept plan identifies how the future development will integrate into the exuting neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops, etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case oJprojects that include a residential co`nponent, housing type, unit density, or generalized lot sizes . shall be shown in relation to their proposed location on site. Page 10 of 21 September 20, 2006 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or jeatures not otherwise available that enhance the development project or the neighborhood J [18.350.060 Detailed Development Plan Submission Requirements] [A. General submission requirements. The applicant shall submit an application containing a[I of the general information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.B and the approva[ criteria under 13.350.070.1 [B. Additional Information. In addition to the general information described in Subsection A above, the detailed development plan, data, and narrative shall include the following information: 1. Contour intervals of 2 to S jt, depending on slope gradients, and spot elevations at breaks in grade, along drainage channels or swales, and at selected points, as needed 2. A specific development schedule indicating the approximate dates of construction activity, including demolition, tree protection installation, tree removal, ground breaking, grading, pub[ic improvements, and building construction for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. 4. Moderate to High Densiry Development Analysis. If proposing development in an area within a Metro designated town or regional center, the following additional information may be required: a. Air movement: Prevailing breezes characteristic of a region may be greatly modified by urban high-rise structures. Predominant air movement patterns in a city may be along roadways and behveen buildings. The placement, shape, and height of existing buildings can create air turbulence caused by micro air movement patterns. These patterns may in,fluence the location of building elements such as outdoor areas and balconies. A/so a building's design and placement can mitigate or increase [ocal wind turbulence. b. Sun and shadow patterns: The sun and shadow patterns of existing structures should be studied to determine how they would affect the proposed building. This is particularly important for outdoor terraces and balconies where sunlight may be desirable. Sun and shadow patterns also should be considered as sources of internal heat gain or loss. Building orientation, window sizes and shading devices can modify internal heat gain or loss. Studies should include daily and seasonal patterns and the shadows the proposed building would cast on existing buildings and open spaces. c. Reflections: Reflections from adjacent structures such as glass-clad buildings may be a problem. The development should be designed to compensate jor such glare or if possible, oriented away from it] [C. Comnliance with snecirc develonment standards. The Detailed Development Plan shall show Page 11 of 21 September 20, 2006 compliance with base zone provisions, with the following modifications: 1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size e-xcept that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, e-xcept in the IP zone where the mazimum site coverage shall be 75%. Site coverage includes a[I buildings and impervious surfaces such as streets and sidewalks; 3. Building height: In residential zones, any increase in the building height above the maacimum in the base zone will require that the structure be setback from the perimeter of the site a d[stance of at least 1-112 times the height of the building. 4. Structure setback provisions: a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b. The setback provisions for all setbacks on the interior of the project shall not apply e-xcept that: (1) All structures shall meet the Uniform Building and Fire Code requirements; (2) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on the detai[ed plan and proper clearances for backing movements are accounted for. (3) A minimum front yard setback of eight feet is required for any garage opening for an attached single family dwelling facing a private street as long as the required off-street parking spaces are provided This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The commission may require site specific building envelopes. 5. Other provisions of the base zone. All other provisions of the base zone shall apply e-xcept as modified by this chapter.J 18.350.100 [18.350.070 Detailed Development PIan] Approval Criteria [A. Detai[ed Develonment Plan Annroval Criteria. A detailed development plan may be approved only if all the following criteria are met: 1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: Page 12 of 21 September 20, 2006 a The change increases the residential densilies, increases the lot coverage by buildings or reduces the amount of parking; b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; d The change commits land to development which is environmentally sensitive or subject to a potential hazard; and e. The change involves a major shift in the location of buildings, proposed streets, parking lots, landscaping or other site improvements.J ineifit-Fevi2iti~3e f9i4~i^vir.r-v f-Ciu^picr-c-g-3v n, orcc~eveivpmerc Review, • $ Qpe..;f.. ..1.,«„o.a .ao.,ot.,«..,o..+ «.-Ai4kYErit°iir-ii°c^cvrim'rrs:tioic$ii 11 1. f' .7' iil'nrc +cr~'c@ , • ¢PPn°ati.n. -4 [2.1 All the provisions of the land division provisions, Chapters 18.418; 18.420 [Partitions] and 18.430 [Subdivisions], shall be met [if applicable]; -2. [3.1 Except as noted, the provisions of the following chapters shall be utilized as guidelines. A' planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this [chapter] sesfien. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed in cubs°e*ie~ ~ below. [The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application oJ the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested ] , [a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detai[ed development plan review is intended to address the same type of issues as the Site Development Review.] [b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimenta[ to the public safery Page 13 of 21 September 20, 2006 considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site (vehicles, bicycles, pedestrians, and transit).J -a: [c.] Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, [using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated jor each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission.] The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/ or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1) (A 1% bonus for each S% of the gross site area set aside in open space, up to a maximum of S%,J ^-„^xim••-„ ^f 3% is allowed for the provision of [active use recreational open space] , exclusive of areas contained in floodplain, [steep] slopes g-°^*°r *ha^ , drainageways, or wetlands that would otherwise be precluded from development; (2) [Up to a maximum of S% is allowed for the development of pedestrian amenities, streetscape developmenl, recreation areas, plazas, or other items from the "Planning Commission's Toolbox "J 0 ; str-eetseape ; developed open , ; .,,,ai„ ..oto.,*:,,., „f o •s*:..,, vegetation; ot„..,t: a.., ..u~.,., 0 ; r,hz,s:,..,1 1V o..:+:oJ ~ ~ JYV L ,.t,ll LLJ t, a sunA&4nd er-ientatien;- (4) 0 ; J ; Af ho n types. [d] Chapter 18.745, Landscaping and Screening. [The Commission may grant an exception to the landscape requirements of this title upon a fnding that the overall landscape plan was prepared by a licensed landscape architect, provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified ] [e.J Chapter 18.765, OfF street Parking and Loading Requirements. [The Commission may grant an exception to the oJf-street parking dimensional and minimum number of space requirements in the applicable zone if : Page 14 of 21 September 20, 2006 (1) The minimum number of parking spaces is not reduced by more than 10 percent 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, eg., a nursing home, and which has a[ow demand for off-street parking; or (3) There is an opportunity for sharing parking and there is written evidence that the properly owners are willing to enter into a legal agreement; or (4) Public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses; or (S) 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_p.arking standards.J [f.J Chapter 18.780, Signs~The Commission may grant an e-xception to the sign dimens nal require~nts in the applicable zone if.• v 1 (1) The sign is not increased by more than 10 perce . Lof-th required appli~Able_dimensional standard for signs; and (2) :The exception is necessary for adequate on e operty; and (3) The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties.J [g.] Chapter 18.795, Visual Clearance Areas. jThe Commission may grant an e-xception to the visual clearance requirements, when adequate sight distance is or can be met;J [ h.J Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks; and 18.810.060, Lots. Deviations jrom street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an e-xception request. The Commission can only grant an e-xception to street sanctions if it is sanctioned by the City Engineer. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: (1) Public safety will not be compromised; and (2) In the case of pub[ic streets, maintenance costs will not be greater than with a conforming design; and Page 15 of 21 September 20, 2006 l (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment.J . Chapter- 18.730, ; . Chapter- 18.795, t d rh.,,,+er- 18.7 43~~~~~~~ e. Cht'~tef 18.765,--vff-"JCiccc-Paf-kiarb aiid h°"umiagzcccliiii°cnicnts-, . Chapter- 18.705, Aeeess, > 18.780, Signs. -3-. [4.1 In addition, the following criteria shall be met: a. Relationship to the natural and physical environment: (1) 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. [The commission may require the applicant to provide an alternate site plan to demonstrate compliance with this criterion; J (2) Structures located on the site shall not be in areas subject to ground slumping and sliding [as demonstrated by the inclusion of a specific geotechnical evaluation;] f,. „+o,..•,. ft, (4) [(3) Using the basic site ana[ysis information from the concept plan submittal,J the structures shall be oriented with consideration for the sun and wind directions, where possible; and + t,•o,.~ .i.o @~f2sE~iL 6 the 23{t2Ht--p6$~~-R~~E2H32Ac vrcr2°ziT.T'c'rvJcc~co cn~, ~ r-equi nts „f r~..,.,+o,.1Q 790~r,.oo nv.,.,,,.,.,i b. Buffering, screening and compatibility between adjoining uses: (1) Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; (2) In addition to the requirements of the buffer matrix (Table 18.745.1), [the requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same [evel of buffering and screening with alternate materials or methods.] The following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (b) The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s) from which buffering is needed; (d) The required density of the buffering; and (e) Whether the viewer is stationary or mobile. Page 16 of 21 September 20, 2006 (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; (b) The direction from which it is needed; and (c) Whether the screening needs to be year- round. c. Privacy and noise: 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; [d Ezterior elevations - single family attached and multiple family structures: Along the vertical face of single family attached and multiple family structures, offsets shal[ occur at a minimum of every 30 feet by providing any hvo of the following: (1) Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet; (2) Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and (3) Offsets or breaks in roof elevations of three or more feet in height.J d. [e.] Private outdoor area [residentialJ fnuiti fafnily use: (1) ==aad;*;on to +h° °n+s of s„b„°r^g°ph (3`, [Exc[usive of any other required open space facility,J each ground-level residential dwelling unit shall have an outdoor private area (patio, terrace, [or] porch) of not less than 48 square feet [with a minimum width dimension of four feet; J (2) Wherever possible, private outdoor open spaces should be oriented toward the sun; and (3) Private outdoor spaces shall be screened or designed to provide privacy for the use of the space. e. [j.J Shared outdoor recreation areas -[residential] ~~lti family use: (i) aaa r., „aa:+:va„ a * c „ ..~.s (2) ,,,,a (3) „f +~,;s v,.+:,, [Exclusive of any other uuua~a required open space facilities,J each mtiltiple-well: Ing- [residential] development shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a) Studio units up to and including two bedroom units, 200 square feet per unit; and (b) Three or more bedroom units, 300 square feet per unit. (2) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (3) The required recreation space may be provided as follows: (a) it may be-a~etAde er--spae e;eF ; for- , ; ; Page 17 of 21 September 20, 2006 (d) it fna3`be pai4 eeffffnen-space-and part private; for- exampie, • ,.*a,,,,.. to,.,,;s ,,..t, ,„a,,,... o o.,+;,,., ..a b.,l,.,,.,;os ° ~ , . [(a) Additional outdoor passive use open space faci[ities; (b) Additional outdoor active use open space jaci[ities; (c) Indoor recreation center; or (d) A combination of the above.J [g. Demarcation of pub[ic, semi public and private spaces for crime prevention: (1) The structures and site improvements shal[ be designed so that public areas such as streets or public gathering places, semi public areas and private outdoor areas are clear[y defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and (2) These areas may be defined by, but not limited to: (a) A deck, patio, low wall, hedge, or draping vine; (b) A trel[is or arbor; (c) A change in elevation or grade; (d) A change in the texture of the path material; (e) Sign; or (o Landscaping.J € [h.] Access and circulation: (1) The number of [required] allewed access points for a development shall be provided in Chapter 18.705; (2) All circulation patterns within a development must be designed to accommodate emergency [and service] vehicles; and (3) Provisions shall be made for pedestrian and bicycle ways [abutting and through a site] if such facilities are shown on an adopted plan [or terminate at the boundaries of the project site.] g. [i.] Landscaping and open space: (1) Residential Development: In addition to the [buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities,J ,.eY ,,,,:..o „+s „f s„b...,..., K,~_ (.I..,.,~,~1./11J .,.,a (c) of s f ' a minimum of ~l ~ lT 20 percent of the site shall be landscaped. [This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan, prepared or approved by a licensed landscape architect, and suretyfor such landscape installation;J "~'--Gewunervial Deuelspm°,t. minimum e€-15-per-sent ef h ~l b landssaped; --and (3) industr-ial . [j.J Public transit: Page 18 of 21 September 20, 2006 (1) Provisions for public transit may be required where the site abuts [or is within a% mile oJJ a public transit route. The required facilities shall be based on: (a) The location of other transit facilities in the area; and (b) The size and type of the proposed development. (2) The required facilities [may include but are not necessarily limited to] s"a"')°'imi+°a 0 te such facilities as: (a) A waiting shelter; (b) A turn-out area for loading and unloading; and (c) Hard surface paths connecting the development to the waiting area. [(3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement.] r., .,ad:.:,,., +t,o pr-evisions ,.f Ct,.,..+o.. 18•780, c:g • ; anA ~rt,o sigfis st,.,ti .,o. „t~s,.,,,.o <>oi.;,.io a,.:.,o..~s s a• * C°TT'~' i j- [k.] Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter Ghapte~ 18.765; (2) Up to 50% of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street pazking space. k-. [I.]Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter [18.S10.J4.T5, „^a er:*°r:a *h° aaop*°a 1981 --,as*or ~v'''' ;[An app[icant may propose an alternate means for stormwater conveyance on the basu that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets, porous concrete, or eco roofs.] 1-. [m.JFloodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. [n.J 18.350.110 Shared Open Space [Facilities: The detailed development plan shall designate a minimum of 20% of the gross site area as a shared open space facility. The open space faci[ity may be comprised of any combination oJthe following: Page 19 of 21 September 20, 2006 (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typica[ly these areas are designated around sensitive lands (steep slopes, wetlands, streams, or 100 yearJloodp[ain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements) for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements) for active recreational use. (4)The open space area shall be shown on the final plan and recorded on the final plat or covenants.J [o. Open Space Conveyance. Where a proposed park, p[ayground or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation oJ such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. 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 pub[ic use areas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use, provided that the reservation or dedication is roughly proportional to the impact oJ the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods:J ; and . a a- [(1) Public Ownership.J RJ (]1 a~ w < < < Vil'~a:~K~*:~: *~lav ° r;*-, {i~s t/KV11V1y VY ,YllVaa a maifftaine epea-spase- Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations [A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approvaL Dedications of open space may be eligible for Systems Development Charge credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below;] [(2) Private Ownership.] By leasing-e~ conveying title (including beneficial ownership) to a corporation, home association or other legal entity,[and granting a conservation easement to the City in a form acceptable by the City. The terms of the conservation easement must include provisions for the fo[Iowing:J .:.i, tt,o r:+., ,.o+.,:..;,,,, +L.p`d2°b'~9pine4i "c-ngitSz9~~f9pc~-inczeftiirAf-5u6 ~ Page 20 of 21 September 20, 2006 o.,+ „F ,..,.,..oy»,,,.o ,st :.,,.l,,.ao previsions ,:+.,L.lo t„ +l,o C:+.. 1VGLJV lo„~o Vl pllipC I ,.+l,e.. ;,,~+,.....,IIJF1ZTiZiV •r tAY li H*AAi~1lt +MA tAllP~~rfv~R. (o (a) The continued use of such land for the intended purposes; (2-) (b)Continuity of property maintenance; (3.) (c) When appropriate, the availability of funds required for such maintenance; (4) (d) Adequate insurance protection; and (5) (e) Recovery for loss sustained by casualty and condemnation or otherwise. Page 21 of 21 September 20, 2006 ' Attachment 2 Clean Copy Proposed Pianned Developments Code Revisions, September 2006 Chapter 18.120 DEFINITIONS 55. "Density bonus" - Additional dwelling units that can be earned as an incentive for providing undeveloped open space, landscaping, or tree canopy as defined further in this code. 87. "Landscaping" - Areas primarily devoted to plantings, trees, shrubs, lawn and other organic ground cover together with other natural or artificial supplements such as water courses, ponds, fountains, decorative lighting, benches, bridges, rock or stone arrangements, pathways, sculptures, trellises and screens. 104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned: a. "Minimal Use Facilities." No other improvements (apart from underground utilities and natural and ecological enhancements) ) are allowed. b. "Passive Use Facilities." Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways, pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains, picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access shall be provided where site considerations permit. c. "Active Use Facilities." Areas reserved for high-impact recreation that require a greater degree of site ' development and/or ground disturbance; such as sports fields, playground equipment, group picnic shelters, swimming pools, hard and soft surface pathways, restrooms, and similar facilities. Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 Process 18.350.030 Administrative Provisions 18.350.040 Concept Plan Submission Requirements 118.350.050 Concept Plan Approval Criteria 18.350.060 Detailed Development Plan Submission Requirements 18.350.070 Detailed Development Plan Approval Criteria 18.350.010 Purpose A. Puroose• The purposes of the planned development overlay zone are: 1. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; and . Page 1 of 15 September 20, 2006 2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and 3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and 4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis, presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; and 5. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the City; and 6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. 18.350.020 Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project an approval authority may apply the provisions of this chapter as a condition of approving any application for the development. B. Elements of approval process. There are three elements to the planned development approval process, as follows: 1. The approval of the planned development concept plan; and 2. The approval of the detailed development plan; 3. The approval of the planned development overlay zone. C. Decision-making- process. 1. The concept plan shall be processed by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050. 2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as governed by 18.390.050, to ensure that it is substantially in compliance with the approved concept plan. 3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan. 4. Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval. All applicants are advised that the Page 2 of 15 September 20, 2006 purpose of separating these applications is to provide them clear direction in developing the detailed plans. Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone. 5. In the case of an existing planned development overiay zone, once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application. 6. If the app[ication involves subdivision of land, the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan. D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the appticant shall clearly distinguish the concept from the detailed plan. The Planning Commission shatl take separate actions on each element of the Planned Development application (i.e. the concept approval must precede the detailed development approva(); however each required action may be made at the same hearing. 18.350.030 Administrative Provisions A. Time limit on filing of detailed development plan. The concept plan approval expires after 1-1/2 years unless an application for detailed development plan and, if applicable, a preliminary plat approval or request for extension is filed. Action on the detailed development plan shall be taken by the Planning Commission by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria in 18.350.070. B. Zoning map designation. The planned development overlay zone application shall be concurrently approved if the detailed development plan is approved by the Planning Commission. The zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. C. Extension. 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 one year provided that: 1. No changes have been made on the original concept development plan as approved by the Planning Commission; 2. T'he applicant can show intent of applying for detailed development plan or preliminary plat review within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. D. Phased development. 1. The Commission may approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for concept development plan review. 2. The criteria for approving a phased detail development plan proposal are that: a. The public facilities shall be constructed in conjunction with or prior to each phase; and Page 3 of 15 September 20, 2006 b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. E. Substantial modifications to the concept plan. If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required. F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter. G. Issuance of occupancy permits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued. However, 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 condition, 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 yeaz. 18.350.040 Concept Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18390.050 and the additional information required by 18.350.040.B. In addition, the applicant shall submit the following: 1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include: a. A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. b. An explanation of the architectural style, and what innovative site planning principles are utilized including any innovations in building techniques that wili be employed. c. An explanation of how the proposal relates to the purposes of the Planned Development Chapter as expressed in 18.350.010. d. An explanation of how the proposal utilized the Planning Commissioner's Toolbox. 2. A general development schedule indicating the approximate dates when construction of the planned development and its various phases aze expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development. In the case where a residentia( subdivision is proposed, the statement shall include the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders. B. Additional information. In addition to the general information described in Subsection A above, the concept plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: Page 4 of 15 September 20, 2006 1. Existing site conditions; 2. A site concept including the types of proposed land uses and structures, including housing types, and their general arrangement on the site; 3. A grading concept; 4. A landscape concept indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); 5. Parking concept 6. A sign concept; 7. A streets and utility concept; and 8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable. C. Allowable Uses 1. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c. The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; f. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with, but clearly incidental to the uses permitted in the zone, such as personal services, preschool or daycare, and retail uses less than 5,000 square feet in sum total; g. Community building; h. Indoor recreation facility; athletic club, fttness center, racquetball court, swimming pool, tennis court or similar use; i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similaz use; and j. Recreational vehicle storage area. Page 5 of 15 September 20, 2006 2. In commercial zones. In all commercial zones, an applicant with a planned development approval may develop the site to contain all of the uses permitted outright in the underlying zone and, in addition, a maximum of 25% of the total gross floor area may be used for muiti-family dwellings in those commercial zones that do not list multi-family dwellings as an outright use. 3. In industriat zones. In all industrial zones, a planned development shall contain only those uses allowed outright in the underlying zoning district. 18.350.050 Concept Plan Approval Criteria A. The concept plan may be approved by the Commission only if all of the following criteria are met: l. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their maximized protection, preservation, and/or management. 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops, etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. 6. T'he concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additiona( amenities or features not otherwise availabte that enhance the development project or the neighborhood. 18.350.060 Detailed Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.13 and the approval criteria under 13.350.070. B. Additional Information. In addition to the general information described in Subsection A above, the detailed development plan, data, and narrative shall include the following information: 1. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in grade, along drainage channels or swales, and at selected points, as needed 2. A specific development schedule indicating the approximate dates of construction activity, including Page 6 of 15 September 20, 2006 demolition, tree protection installation, tree removal, ground breaking, grading, public improvements, and building construction for each phase. 3. A copy of atl existing and/or proposed restrictions or covenants. . a Metro regiona cen er , e o owing a iiona m C ~ - - a s c arac enstic o a region may be greatly modifie y u ' h- ri . re ommant air mov qulildiaI ~g o existing buildings can create air turbulence c ovement patterns. ese p ents • . so a uilding's design and p acemen can mi igate or mcrease i - ~ b. . s a ow pa erns ' to ~ det or outdo ~ terrac ' where ' . e i ered as sources o mterna ea gam or oss. d' . uies s ou mc u e ai y an sggsona pa d ltff s adows the proposed building wou cas ces. a ~acent structures such as glass-cla ui ~ e lare r ' C. Compliance with specific development standards. The Detailed Development Plan shall show compliance with base zone provisions , with the following modifications: 1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; 3. Building height: In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2 times the height of the building. 4. Structure setback provisions: a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; Page 7 of 15 September 20, 2006 (2) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. (3) A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The commission may require site specific building envelopes. 5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter. 18.350.070 Detailed Development Plan Approval Criteria A. Detailed Development Plan Approval Criteria. A detailed development plan may be approved only if a(1 the following criteria are met: 1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: a. The change increases the residential densities, increases the lot coverage by buildings or reduces the amount of parking; b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; d. The change commits land to development which is environmentally sensitive or subject to a potential hazard; and e. The change involves a major shift in the location of buildings, proposed streets, parking lots, landscaping or other site improvements. 2. All the provisions of the land division provisions, Chapters 18.420 Partitions and 18.430 Subdivisions, shall be met if applicable; 3. Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this chapter. [n each case, the applicant must provide findings to justify the modification of the standards in the chapters listed below. The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested. Page 8 of 15 September 20, 2006 a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same type of issues as the Site Development Review. b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site (vehicles, bicycles, pedestrians, and transit). c. Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission. The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1) A 1% bonus for each 5% of the gross site area set aside in open space, up to a maximum of 5%, is allowed for the provision of active use recreational open space, exclusive of areas contained in floodplain, steep slopes, drainageways, or wetlands that would otherwise be precluded from development; (2) Up to a maximum of 5% is allowed for the development of pedestrian amenities, streetscape development, recreation areas, plazas, or other items from the "Planning Commission's Toolbox." d. Chapter 18.745, Landscaping and Screening. The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect, provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standazd being modified. e. Chapter 18.765, Off-street Parking and Loading Requirements. The Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if : (1) The minimum number of parking spaces is not reduced by more than 10 percent 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, e.g., a nursing home, and which has a low demand for off- street parking; or Page 9 of 15 September 20, 2006 (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, and reducing the standazds 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. f. Chapter 18.780, Signs. The Commission may grant an exception to the sign dimensional requirements in the applicable zone if : (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs• and ~ e . ' v; 5•,b', (2) The exception is necessary for adequate i V on the prope yrf ; and (3) The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties. g. Chapter 18.795, Visual Clearance Areas. The Commission may grant an exception to the visual clearance requirements, when adequate sight distance is or can be met; h. Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks; and 18.810.060, Lots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an exception request. The Commission can only grant an exception to street sanctions if it is sanctioned by the City Engineer.. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: (1) Public safety will not be compromised; and (2) In the case of public streets, maintenance costs will not be greater than with a conforming design; and (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment. 4. In addition, the following criteria shall be met: a. Relationship to the natural and physical environment: (1) 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. The commission may require the applicant to provide an alternate site plan to demonstrate compliance with this criterion; Page 10 of 15 September 20, 2006 (2) Structures located on the site shall not be in areas subject to ground slumping and sliding as demonstrated by the inclusion of a specific geotechnical evaluation; (3) Using the basic site analysis information from the concept plan submittal, the structures shall be oriented with consideration for the sun and wind directions, where possible; and b. Buffering, screening and compatibility between adjoining uses: (i) Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; (2) In addition to the requirements of the buffer matrix (Table 18.745.1), the requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same level of buffering and screening with alternate materials or methods. The following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745.: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (b) The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s) from which buffering is needed; (d) The required density of the buffering; and (e) Whether the viewer is stationary or mobile. (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; (b) The direction from which it is needed; and (c) Whether the screening needs to be year- round. c. Privacy and noise: 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; d. Exterior elevations - Single-family attached and multiple-family structures: Along the vertical face of single-family attached and multiple-family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet; Page 11 of 15 September 20, 2006 (2) Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and (3) Offsets or breaks in roof elevations of three or more feet in height. e. Private outdoor area - residential use: (1) Exclusive of any other required open space facility, each ground-level residential dwelling unit shall have an outdoor private area (patio, terrace, or porch) of not less ihan 48 square feet with a minimum width dimension of four feet; (2) Wherever possible, private outdoor open spaces should be oriented toward the sun; and (3) Private outdoor spaces shall be screened or designed to provide privacy for the use of the space. f. Shared outdoor recreation and open space facility areas - residential use: (1) Exclusive of any other required open space facilities, each residential dwelling development shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a) Studio units up to and including two bedroom units, 200 square feet per unit; (b) Three or more bedroom units, 300 square feet per unit. (2) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (3) The required recreation space may be provided as follows: (a) Additional outdoor passive use open space facilities; (b) Additional outdoor active use open space facilities; (c) Indoor recreation center; or ~ (d) A combination of the above. - prevention: (1) rovements s a be designed so that pu ic ar eets VV~f~ , ' ' rareas to senii ~ a r~g o e m t e space, to provM ion and.to _esta lish maintenance respo s.~tailit,v; d y, ut not imi e . , , vine• Page 12 of 15 September 20, 2006 kv) re►s or ar , e; aterial; ign; or ~fl i,andsc2~ning 9 -44. Access and circulation: (1) The number of required access points for a development shall be provided in Chapter 18.705; (2) All circulation patterns within a development must be designed to accommodate emergency and service vehicles; and (3) Provisions shall be made for pedestrian and bicycle ways abutting and through a site if such facilities are shown on an adopted plan or terminate at the boundaries of the project site. Landscaping and open space: (1) Residential Development: In addition to the buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities, a minimum of 20 percent of the site shall be landscaped. This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan, prepared or approved by a licensed landscape architect, and surety for such landscape installation; .il, y_Public transit: (1) Provisions for public transit may be required where the site abuts or is within a'/o mile of a public transit route. The required facilities shall be based on: (a) The location of other transit facilities in the area; and (b) The size and type of the proposed development. (2) The required facilities may include but are not necessarily limited to such facilities as: (a) A waiting shelter; (b) A turn-out area for loading and unloading; and (c) Hazd surface paths connecting the development to the waiting area. (3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement. Page 13 of 15 September 20, 2006 J --k~ Parking: (1) Al I parking and loading areas shall be generally laid out in accordance with the requirements set foRh in Chapter 18.765; (2) Up to 50% of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. ~---1., Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.810. An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets, porous concrete, or eco roofs. Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100- year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This azea shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. `-u_ Shared Open Space Facilities: The detailed development plan shall designate a minimum of 20% of the gross site area as a shared open space facility. The open space facility may be comprised of any combination of the following: (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands, streams, or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements) for passive recreational use. (3) Active Use Eacilities. Up to 100°/a of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements) for active recreational use. (4) The open space area shall be shown on the final plan and recorded on the final plat or covenants. ~'--.c. Open Space Conveyance. Where a proposed park, playground or other public use shown in a 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, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use azeas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods: Page 14 of 15 September 20, 2006 (1) Pub(ic Ownership. Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations. A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval. Dedications of open space may be eligible for Systems Development Charge credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below; (2) Private Ownership. By conveying title (including beneficial ownership) to a corporation, home association or other legal entity, and granting a conservation easement to the City in a form acceptable by the City. The terms of the conservation easement must include provisions for the following: (a) The continued use of such land for the intended purposes; (b) Continuity of property maintenance; (c) When appropriate, the availability of funds required for such maintenance; (d) Adequate insurance protection; and (e) Recovery for loss sustained by casualty and condemnation or otherwise. Page 15 of 15 September 20, 2006 ' Attachment 3 Commissioner Caffall believes the applicant has considered every conceivable angle to make the development work. He realizes there urill'be glitches with the parking, but the buyers will have to deal with it. President Inman believes there may be better opportunities for the pocket park. Other than the redwood tree, she thinks the patk is mispla.ced. She also agrees about the parking, but realizes tha,t this is what happens with these types of projects. Commissionex Walsh hopes that the giant redwood is well preserved during the demolirion and construction phases of the project. Commissioner Buehner noted that when she attended the neighborhood meeting, she expressed concerns about these same iterns. She had recommended the developer look at the proposed changes for the PD code. She is pleased that they took what the intent of the new code is and incorporated some of the ideas into the plan. For clarification of condition #24, it was noted that the Planning Commission is in favor of leaving the sidewalks in front of units 69-83 as shown on the plan. Commissioner Buehnex moved for approval of Subdivision (SUB) 2006-10001/Planned Development Review (PDR) 2006-10001/Zone Change (ZON) 2006-10001/Sensitive Lands Review (SLR) 2006-10003,10004,10006 & 2006-00006/Tree Removal Permit (TRE) 2006- 00011 & 00012/Variance (VAR) 2006-00070, 00071 & 00072, based upon the staff report and the testimony received at the hearing, with the clarification of #24. Commissioner Caffall seconded the motion. The motion passed unanimously. 5.2 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00003 PLANNED DEVELOPMENT CODE AMENDMENT REQUEST: The applica.nt is requesting approval of a Development Code Amendment to change the procedures and approval criteria for Planned Developments (Chapter 18350) and add Definitions in Chapter 18.120. The proposed changes to Chapter 18.350 include a new purpose statement, and a new approval process and approval criteria. Related definitions of "density bonus", "landscaping", and open space facility" would be added to the Defuutions Chapter (18.120). 1"he complete text of the proposed Code Amendment can be viewed at http://www.tigatd-or.gov/code_ amendments. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.350 and 18.390; Comprehensive Plan Policies 1, 2, 3 and 6 and Statewide Planning Goals 1 and 2. STAFF REPORT PLANNING COMNIISSION MEETING MINiJTES - September 18, 2006 - Page 8 Associate Planner Sean Farrelly reviewed the history and process involved with the proposed planned development code changes. He noted the changes from current to proposed langua.ge (Exhibit B). For shared open space fac,ilities, President Inman asked for clarification about designating a minimum of 20% of the gross site area as an open space faciliry. She wondered if it should be 20% of net rather than gross. The proposal states gross. President Inman also asked for clarification about section 18.350.070.4 i, Landscaping and Open Space. The m;r,irr,um of 20% of the site doesn't specify if it's 20% of gross or 20% of net. Commissioner Harbison noted that the proposed code revisions contain two definitions for "minimal use facilities" - one defuution allows trails, the other does not. It was concluded that "minimal use facilities" should not allow trails. Trails should fall under "passive use". After much discussion, it was decided that the definition of "minimal use facilities" should read, "No improvements apart from underground utilities and natural and ecological enhancements are allowed." After discussion on section 18.350.070.4 n, for Shared Open Space Facilities, the Commission decided to remove the words "Exclusive of any other required open space or buffer areas,". The section would now read, "The detailed development plan shall designate a minimum of 20% of the gross site area as a shared open space faciliry. PUBLIC TESTIMONY Ernie Platt from the Home Builders Association of Metropolitan Pordand submitted a letter requesting consideration of some changes to the proposed code language (Exhibit C). Regatding section 18.350.060 B 2, Alice Ellis Gaut (member of the PD Review Committee) advised that schedule dates are only an informarional requirement, not a condition of approval. John Frewing (membex of the PD Review Committee) advised that LUBA has already ruled that information requirements are not approval criteria. Regarding 18.350.060 C 4 c, some Comrrussioners agreed that building envelope could be an appropriate texm rather than structural footprint Regaxding 18.350.070 A 4 a(1), Commissioner Buehner advised that the goal of this section is to encourage developers to be creative. President Tnman said she could see the problem with how the section is written. What thep are looking for is some demonstration from the applicant that they have considered alternatives. Mr. Platt noted that the Commission can either approve or deny an application. If it's denied, that forces the issue of alternatives. Commissioner Walsh said he would like to preserve the intent of the section to challenge PLANMNG COMIVIISSION MEETING M[NUTES - September 18, 2006 - Page 9 developers. Mr. Platt suggested expanding the sentence to say, "an alternate plan that would further demonstrate compliance with the purposes as sta.ted in the ordinance and/or to address specific concerns." The Commission decided to change the wording of this section to read, "The Commission may require the applicant to provide an alternate site plan to demonstrate compliance with this criterion." Regarding section 18.350.070 A 4 d, the Commission agteed to insert the words "single- family attached and multiple-family structures" ahead of "residential use" in the sub-tide of this section. John Frewing, 7110 SW Lola Lane, Tigard 97223, agreed with Mr. Platt's third and fourth requests. The first one is just information. He would li.ke the Commission to retain the right to ask for structural footprints. T'his is especially important with regard to tree protection. Mr. Platt noted that the building envelope may be site specific. The Commission may require a site specific building envelope. The Commissioners decided to strike the second sentence. The new second sentence shall read, "The Commission may require site specific building envelope." Alice Ellis Gaut,10947 SW Cha.teau Lane, Tigard 97224, signed up to speak but noted that all her issues had alxeady been discussed. PUBLIC HEARING CLOSED For record, President Inman disagrees with the separation of the concept and the detail development plans. She believes it is an extra step that is not necessary. Commissioner Harbison moved to recommend approval of the Development Code Amendment to the Planned Development Chapter 18.350 and Definitions Chapter 18.120, file number DCA 2006-00003, with the changes discussed tonight, and based on the sta.ff report and the testi.mony heard toni.ght Commissioner Buehner seconded the motion. The motion passed unanimouslp. 6. COMP PLAN UPDATE - HOUSING/OVERVIEW - ECONOMY/OVERVIEW It was decided to postpone these items until September 25th. 7. OTHER BUSINESS • None PLANNING COMMISSION MEETING NIINIJTES - September 18, 2006 - Page 10 Attachment 4 Agenda Item: ~ Z Heating Date: September 18. 2006 Time: 7:00 P STAFF REPORT TO THE PI.ANNING COMMISSION - - FOR'THE CITY OF TIGARD, OREGON SECTION I. APPLICATION SCTMMARY FILE NAME: DEVELOPMENT CODE AMENDMEN"T TO THE PLANNED DEVELOPMEIVTS CHAPTER (I8350) AND DEFINITIONS CHAPTER 1~ 8•I2A) FII.E NO.: Development Code Amendment (DCA) DCA2006-00003 PROPOSAL: The City is requesang approval of a Development Code llmendment to amend the Planned Developments Chapter (18.350) and the Definitions Chapter (18.120) of the Tigard Communiry Development Code. The proposed amendments would add a new purpose statement, approval process, approval criteria and other revisions to Chapter 18.350. Related definitions of "density bonus," "landscaping," and "open space facilities" would be added to Chapter 18.120. APPLICANr: City of Tigard OWNER N/A 13125 SW Hall Boulevard Tigard, OR 97223 > LOCATION: City wide COMP PLAN/ ZO1vING DESIGNATION: City wide. APPLICABLE REVIEW CRITERIA: Communicy Development Code Chapters 18.120.030, 18.350, 18.380.020, 18.390.06; Comprehensive Plan Policies 1, 2, 3 and 6; and Statewide Planning Goals 1 and 2. SECTION II. STAFF RECOMMENDATION Sraff recommends that the Planning Commission recommend approval to the Tigard City Council to amend the PLznned Developments Chapter (18.350) and Definitions Chapter (18.120) of the T'igard Community Development Code as detennined through the public hearing process. ST.UF REPORT TO THE PLA\NING CONiMISSIO\ 9-18-2006 PLBLIC HF NRt\G DCA 20()6-00003/ PL-kN\ED DE\'F1.OPMF.NTS Cf11['7TR PAGE 1 OF 7 DEN'F1,OPME\T CODE AMF:tiDMEtiT SECTION III. BACKGROUND INFORMATION The Planned Developments Chapter of the Tigard Development Code is intended to grant flexibility to the undedying development code standards, in order to encourage innovative design and development, particulady for pazcels that are physically constrained. Thfee years ago, some Tigard citizens raised concems about the density, appearance, and lack of open space in certain developmentx that were approved uuder the provisions of the Planned Developments chapter. On January 27, 2004, the" Ciry Council passed a resolution to form a citizen committee to review and possibly recommend changes to the Planned Developments chapter. The Committee members represented a broad spectrum of views on the issue. The Planned Developments Code Review Committee held meetings over several months. They reviewed the code and made a recommendation to substanrially reorganize and rewrite the chapter. In _ April 2006, the Committee . presented. its. draft c.hanges ..to .both. the CitF Council and Planning Commission. Both of these bodies made suggesrions for further refinemenG The committee met two addirional times to refine the draft The proposed code amendment was dra&ed with input from the Committee, the City Council, the City Attomey, the Planning Commission and staff. SECTION IV. APPLICABLE CRITERIA AND FINDINGS Chapter 18380 states that legislative text amendmeats shall be uadertaken by means of a Type IV procedure, as governed by Section 18390.060.G. Chapter 18390.060.G states that the recommendation by the Commission and the decisiou by t6e Council shall be based on consideration of t6e following factocs: THE STATEWIDE PLANIVING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197; Noace was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigacd DeFelopment Code and Comprehensice Plan have been acknowledged by DLCD. The following Statewide Planning Goals are applicable to this proposal: Statewide Planning Goal l- Citizen Involvement: This goal outlines the citizen incolvement requirement foi adopaon of Comprehensive Plans and for changes to the Comprehensice Plan and implementing documents. This goal was met by the City Council's appointment of a committee of citizens, who reviewed the Development Code and recommended changes. This goal has also been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Tunes newspaper prior to the public hearing. Two Public Hearings aze being held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Notice was also sent to the owners of 53 properties that currendy have Planned Development Overlay designations and appear on the 2005 Tigazd Buildable Land Inventory. The proposed changes were also sent to other inte=ested parties, including the Home Builders Association and seveial local land use consultants. STAFF REPORTTOTHE PLkNtittiG COMM1SSlOti 9-18-2006 PUBLIC I-EARttiG DCA 2006-00003/ PLIC'1NED DE\'ELOPtitENTS CH.-XPTER PAGE 2 OF 7 DBVEI.OPWIE'`T CODE AMEND.W\T Statewide Planning Goa12 - Land Use Planning: This goal outlines the land use planning process and poliry framewotk. The Comprehensive Plan was acknowiedged by DLCD as being consistent with the statewide planning goals. The Decelopment Code unplements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The Ciry's plan provides analysis and policies with which to ecaluate a request for amending the Code consistent with Goa12. APPLICABLE METRO REGULATIONS: There aze no applicable Metro regulations that this amendment direcdy impacts. APPLICABLE COMPREHENSIVE PLAN POLICIES: Comprehensive Plan Policy L1.L• General PoGcies This poliry states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and the Regional PL1n. Comprehensive Plan Policies 2.1.1, 2.1.2, aad 2.L3.: Citizen Involvement These policies state that the City shali maintain an ongoing citize.n involvement program, provide opportunities for citizen involvement appropriate to the scale of the planning effort and that informati on on land use ptanning issues shall be available in understandable foan for all interested citizens. This goal has been met by complping with the Tigard Development Code nodce requirements set forth in Chaptec 18.390. Norice of the Planning Commission public hearing was published in the T'igard Times on August 31, 2006. Nodce will be published again prior to the City Council public hearing. Nodce was also sent to the owners of 53 propernes that cuuendy have Planned Development Overlay designatioas and appeaz on the 2005 Tigard Buildable Land Inventory, and to other interested parties for comment. The written notices inv-ited public input and included the phone number of a contact person to answ er any questions. The nodce also included the web address where the entire draft of the text changes could be viewed. This policy is also sarisfied by the City Council's appointment of a citizen committee who reviewed the Development Code and recommended changes. Comprehensive Plan Policy 3: Natural Features and Open Space This policy addresses a broad zange of topics all having to do with the aatural resoutces located in Tigard. The use of Planned Developments is suggested as a way to limit impacts o❑ wetlands (3.2.4) and designated uee or timbered azeas (3.4.2). This policy is satisfied because the proposed changes suengthen protecrion for natural resources. A new approval criterion would require identification of azeas of significant natural resources on the concept plan and methods for their maximized protection, preservadon, and/or management. Comprehensive Plan Policy 6: Housing This policy addresses housing in Tigard. The Planned Development process is listed as a wav to allow properaes exhibiting physical consuaint chazacterisacs, e.g., steep slopes or floodplains, to develop w-ith densiry ttansfers allowable on the site (6.1.1). STAFF REPORT TO TIiE PLANNItiG COLLtitiSSION 9-18-2006 PV"BLIC F-EkRI\G DCA 2006-00003/ PLX-N\ED DE\'ELOP`fEtiTS CFLIPI'f:R PAGE 3 OF 7 DEVELOPMEINT CODE A-\tE\DNiENT This poliry is satisfied as the proposed amendment will preserve the flexibility of the Planned Development piocess to develop properties will physical consuaints. APPLICABLE PROVISIONS OF THE CITY'S IMPLEMENTING ORDINANCES. Tigard Development Code Chapter 18.120: DeSnitions This chapter contains the meaning of specific words and terms used in the Development Code. The proposed changes to the sections of the Planned Developments chapter include a number of terms that need to be specifically defined The terms aze "Density bonus," "I.andscaping," and three "Open Space Facility" related definitions- "NIinimal L`se Facilities," "Passice Use Facilities," and "Active L'se Facilities." Tigard Development Code Chapter 18350: Planned Developments This chapter establishes procedures and criteria for establishing Planned Development Overlay Zones, which allow for Qexible standards and other innovative planning practices, cvhen dePeloping property. The proposed amendment would substantially reozganize and rewrite this chapter, and make z dear distinction between the Concept Plan and Detailed Development Plan sections of the approval process. The new organization of the chapter would start with an expanded new pucpose statement, foIlowed by an outline of the process, miscellaneous administcative provisions, the Concept P1an submission requirements, Concept Plan approval criteua, Detailed Development Plan submission requirements, and Detailed Development Plan approval criteria. The proposed purpose statement is more comprehensive than the present code langvage. Environmental considesations would be made more central to the puipose of the chapter. The neav language states the purpose of Planned Developments is: • To provide a means foi property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; • To provide such added benefits as inc.reased natural areas or open space in the City, alteznaave building designs, walkable communities, preservation of significant nacural resources, aesthetic appeal, and other types of assets that conuibute to the larger communiry in lieu of strict adherence to many of the rules of the Tigard Community Development Code; • To achiece unique neighborhoods which will retain their charaaer and aty benefits, while respecting the characterisdcs of existing neighbo=hoods through appropriate buffeung and lot size transitioning; • To preserce to the greatest extent possible the existing landscape features and amenities through the use of a planning procedure (site design and analysis, presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; • To consider an amount of development on a site, within the limits of density requirements, which will balance the inteiests of the owner, developer, neighbors, and the Ciry; and • To prov-ide a means to better relate the built environment to the natural environment through sustainable and innovatice building and public facility construction methods and materials. The proposed approval process makes a clearer distinction between the three pieces of the process in the present code: the Concept Plan, the Detailed Development Plan, and the Overlay Zone. Concurrent applicaaons could be made for the Concept Plan and the Detailed Development Plan, but the Planning Commission would have to take sepazate actions on each step. STAFF REPORT T'O T}-{E Pl..ILN'`I`G COtifM[SSIO'v 9-18-2006 PUBLIC I-EARI\G DCA 2006-00003/ PL.A:\tiED DEVELOP%fE\TS Cf-iAPI-ER P.iGE 4 0F 7 DEN'ELOPME\T CODE AME\D`fE\T Concept Plan: The Concept Plan would be a distinct step, with new submission requirements. The approval of the Coacept Plan would require meeting these new criteria: • Provision of open space • Protecting natural resource areas • Integration of development into the existing neighborhood • Promotion of walkability/ transit • Identification of the uses and atrangement of the site • Demonstration that the planned development has significant advantages over standard development CLe. protects natural features and provides addirional amenities for the development and/or neighborhood.) Detailed Development Plan: The Detailed Development Plan was made a distinct step in the process with sepamte submission requirements. Approval of the Detailed Development Plan would now require a Type III review, meeting the following approval aiteria: • General consistenry with the Concept Plan. • Meeting the land division procisions • Findings to justify the modifications to the following Development Code chapters: a) 18360, Site Development Review b) 18.705, Access, Egress and Circuladon c) 18.715, Density Computation and I.imitations (G'p to a 101/o density bonus is allowed. A 1% density bonus for each S% of the gross site azea set aside in open space, and up to S% for other amenities, including items from the Planning Commissioner's Toolbog (a supplemental document separate from the Development Code.) d) 18.745, Iandscaping and Screening e) 18.765, Off-sueet Packing and Loading Requirements 0 18.780, Signs g) 18.795, Visual Clearance Areas h) 18.810, Street and Street L'tility Improvements • Addidonal criteria, including requiremencs for. o Relationship to the natural and physical environment o Buffering, screening and compatibility between adjoining uses o Privacy and noise o Esterior elevations-residential use o Private outdoor azea-residential use o Shared outdoor reczeation and open space o Demarcation of public, semi-public, and private spaces for crime prerenaon o Access and circulation o Landscaping and open space o Provisions for public transit (where the site abuts or is mile of a public transit route) o Pa=king o Drainage (altemate means for stormwater conveyance may be proposed.) o Floodplain dedicaaon o iN'Iandatory shazed open space zequirement (minimum 20% of the gross site area.) Distinctions are also made between "Minimal Use Facilities," "Passive Use Faciliaes," and "Acave L se Facilities." o Open space conveyance STAFF REPORT TO Tf-E PLA..NN IriG CONWISStOV 9-18-2006 PUBLIC HE.NRItiG DCA 2006-00003/ PLNNNED DE\7F1,OPME\TS CH.-kPTER PAGE S OF 7 DE\'EIAPMENT COUE AMEjtiDN(E\T Overlay Zone: The 0verlay Zone would be applied concurrendy with the appioval of the Detailed Development Plan. The zone designation would not expire. Orerall, the proposed new language and organizadon of the chaptet preserves the original intent of the Planned Developments chapter in the Tigard Community Development Code. The pioposed changes reduce the ambiguiry of the process and seek to assure that the flexibility that is granted in the decelopment standards will result in development that has benefits for the community. Tigard Development Code Chapter 18380: Zoning Map and Text Amendments Tbis chapter sets forth the standazds and process goveming legislative and quasi-judicial amendments to this ride and zoning district map. - Legislaave zoning map and Lext unendments sbaIl be undertaken by means of a Ty-pe N procedure, as governed by Secrion 18.390.060.G. Tberefore, the proposed text amendments to the Tigard Development Code will be reviewed under the Type IV legislative procedure as set forth in the chapter. Tigard Development Code Chapter 18390: Decision-Maldn.g Procedures This chapter establishes standard decision-making procedures for reviewing applications. The ameadment under consideration will be ieviewed under the Tppe IV legishtice procedure as detailed in the chapter. Section 18.390.060.G states that the recommendation by the Commissioq and the decision by the Council, shall be based on consideration of the following factors (teviewed above), including. 1) Statewide Planning Goals and Guidelines, 2) applicable federal of state statues of regulations, 3) applicable Metro regulations, 4) applicable comprehensive plan policies, and 5) applicable provisions of the City's implementing ordinances. SECTION V. ADDITIONAL CITY STAFF COMIIIENTS The City of Tigard's Building Division, Police Department, Public Works and Urban Forester have had an opportunicy to review this proposal and have no objections. The City of Tigard's Long Range Planning Division reciewed the proposal and submitted several questions for clarification. Questions refeaed to language pe=mitting adjustments for lot dimensions and building height in the Sensitive Lands chapter (18.775) and density bonuses for tree canopy preserved in the Ttee Removal chapter (18.790) Response If not otherwise addressed in the proposed Planned Developments chapter, any additional adjustments or bonuses allowable under other sections of the code can still be applied for. For example, the preservation of ttee canopy would be eligible for a density bonus (1% bonus for every 2% canopy preserved- up to 20%) could be applied for in addition to any density bonuses eligible under the Planned Developments chapter. SECTION VI. OUTSIDE AGENCY COMMENTS Meuo, Oregon Department of Transportadon, Washington County Department of Land Use and Transpoctation, Tuatatin Hills Park and Recreation YSistrict, Tualatin Valley Fire and Rescue, Tualatin Valley Water District, Clean Water Services and the Planning D'uectors of the cities of STAFF REPORT TO T'FiE PLkIvN I'vG COMM[SSIOti 9-18-2006 PUBLIC f-EARI\iG DCA 2006-00003/ PLa.\NED DE\'ELUPMENTS CFt-XPTER PAGE G OF 7 f1Fk'Fr nPXrF\T ('clnF. .aW.N1-MF.N7' Beaverton, Durham, King Ciry, Lake Oswego, Portland, and Tualatin, were notified of the proposed amendments and d not respond. T6e Oregon Department of Land Conservation and Development responded via phone and had no objecnons. SECTION VII. OTHER PUBLIC COMMENT A representative from the Home Builders Association submitted comments, asking several questions for clarification. These quesaons were discussed in a meeting with their representatives. SECTION VIII. STAFF ANALYSIS AND CONCLUSIONS The proposed Development Code rlmendment would extensively reorganize and add new language and procedures to the current Planned Developments chapter. These changes were recommended by a atizen committee appointed by the Citp Council. The changes complj- arith the Statew-ide Planning Goals, the Ti.gard Comprehensive Plan, and applicable provisions of the City's implemenring ordinances. Staff finds that the proposed revision of the chapter is consistent with the original puipose and intent of the Planned Decelopments chapter of the Tigazd Communit5 Development Code. The proposed changes would =esult in less ambiguitf in the process and more of a guarantee that the flexibility granted in the development standards would result in posiace outcomes for the community. Therefore, Staff recommends that the Planning Commission recommend approval of the Development Code Amendment to the Tigard City Coundl as detemuned through the public hearing process. ATTACHMENT: EXHIBIT A. PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY DEVELOPMENT CODE. 7?4mo~.- September 8_ 2006 PREPARED BY: ean Fazrelly DA~ Associate P r September 8. 2006 t1PPR0 D BY: Dick Bewers DA-I-E Planning tii r STAFF REPORT TO THE PIAtitit\G CONLMISSIO\ 9-18-2006 PI,BL[C HE.ARI'`G DCA 2006-00003/ PlA.\\F:D DE\'ELOPNtENTS CHAI'fER PAGE 7 OF 7 DE\'ELOPNtE1T CODE.-1 MEND 1fE\T i w Attachment 5 Home Builders Assodation of Metropol'rtan Pbrdand 0 October 4, 2006 Mayor Craig Dirksen City Councilors City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: DCA 2006-00003 Proposed Planned Development Code Amendments Dear Mayor Dirksen and Councilors: Thank you on behalf of the 1400 + member firms of the Home Builders Association of Metro Portland for the opportunity to submit these comments on the proposed amendments to the City Development Code. On balance, the revisions as proposed are rather benign and will not likely cause a major change in the application process for planned developments. As their September 18 meeting, the Planning Commission received comments from interested citizens, including myself, and has recommended to you for approval a document that embodies several suggested additions/changes that came about during that meeting. I concur in all of the suggested additions/changes, and urge the Council to approve the document as recommended by the Planning Commission. Thank you for the opportunity to comment on the proposed amendments. . le erel PlattDirector of Local Government Affairs 15555 SW Bangy Road ♦ Suite 301 ♦ Lake Oswego, Oregon 97035 Phone: 503.684.1880 ♦ Fax: 503.684.0588 ♦ www.homebuildersportland.org ~ Striving for Affordability, Balance and Choice Agenda Item # ~ Meeting Date COUNCIL AGENDA ITEM SUMMARY Ciry Of Tigard, Oregon Issue/Agenda Tide Consider an Ordinance to Add Section 1.12.050 to the Tigard Municipal Code to Authorize Submission of Explanatory Statements by the Cit~: of Tigard for Inclusion in the Washington County VoteYS' Pamphlet for Matters Submitted to the Voters Under the Referendum or Initiative Powers By Petition Pxepaxed By: CathV WheadCt, Dept Head Appxoval: City Mgr Appxoval: l:Je ISSUE BEFORE THE COUNCIL Shall the Council approve an ordinance regarding preparation of voters' pamphlet explanatory statements for matters referred or initiated by petition so the City is assured of its ability to explain municipallegislation to the votexs of the City of Tigard? STAFF RECOMMENDATION Adopt the proposed ordinance. KEY FACTS AND INFORMATION SUMMARY ➢ A governing body is required to submit a votexs' pamphlet explanatory statement when it xefers a measure to the voters. ➢ When a measure is submitted to voters for matters relating to municipal legislation referYed or initiated by petition, state law permits a governuig body to issue explanatory statements for the voters' pamphlet if the governing body has passed an oxdinance to do so. ➢ The need for such an ordinance recently came to the attention of Oregon local governments when the City of Corvallis submitted an explanatory statement on a phone tax referendum appearing in the Septembex 2006 ballot for Corvallis votexs. The Elecrions Division advised the City of Corvallis that it did not have the right to print an explanatory statement because the City did not have an authorizing ordinance. ➢ Attached is a pxoposed ordinance for the City Council's considerarion, which would, upon direction by the City Council, authoxize the City Manager, City Attorney, or City Recorder to prepare an explanatory statement for matters relating to municipal legislation referred or initiated by petition consistent with the terms of the Oxegon Revised Statutes and Oregon Administrative Rules. OTHER ALTERNATIVES CONSIDERED ➢ Do not approve this ordinance; but, on a case-by-case basis consider an authorizing oxdinance when the Council deems it desirable to submit explanatory statements for a specific xeferendum or initiative. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Council Goal: Improve Communication and Relationship with Citizens. . Vision Statement: This relates to the Community CharacteY and Quality of Life Target area's communicarion goal to provide infoxmarion to citizens in a variety of formats about aspects of the City's business. ATTACHMENT LIST Proposed Ordinance. FISCAL NOTES N/A hedm\pecket'08\081024\eis - exptanetory statements.doc I Agenda Item # Meeting Date October 24, 2006 COUNCIL AGENDA ITEM SUMMARY Ciry Of Tigard, Oregon Issue/Agenda Title Repeal Ordinance No. 00-33 Providing a Process for Claims Filed as a Result of Ballot Measuxe 7 Subsequendy Invalidated by the Oregon Supreme Court Prepared By: Cath-y Wheatley CO- tept Head Appxoval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Repeal Ordinance No. 00-33 which was not implemented ox codified. STAFF RECOMMENDATION Adopt the proposed ordinance repealing Ordinance No. 00-33. KEY FACTS AND INFORMATION SUMMARY ➢ In November 2000, OYegon voteYS approved Ballot Measure 7, which Yequixed compensation to owners of private property for reducrions in theix propexry's "fait value" attributable to goveYnment regulations, with limited exceptions. ➢ The voteYS approved Ballot Measure 7 and Council appxoved Oxdinance No. 00-33 on November 28, 2000 to provide a process for making claims. ➢ Shordy after the adoption of Ordinance No. 00-33, the ballot measure's legality was challenged. ➢ Tigard legal counsel advised staff to refrain from codifying the ordinance until the outcome of the legal challenge was known. ➢ Almost two years later, on October 4, 2002, the Oregon Supxeme Court held that Measure 7 violated the Oregon Consritution's "single subject" requirement for Consritutional amendments and invalidated Measure 7. ➢ Ordinance No. 00-33, was never codified and it could not have been unplemented because of the Court's decision; however, the ordinance should have been repealed. ➢ The proposed ordinance clarifies why Ordinance 00-33 was not unplemented and rescinds the ordinance. ➢ A siiiular ballot measure, Measure 37, was approved by the voters in 2004 and Ordinance Nos. 04-12 and 04-13 were approved to implement a pxocess for consideration of claims for compensation. OTHER ALTERNATIVES CONSIDERED Amend the proposed ordinance. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT N/A ATTACHMENT LIST 1. Proposed Ordinance Rescinding Ordinance No. 00-33. 2. Ordinance No. 00-33 relating to Ballot Measure 7 approved by voters in 2000. 3. Ordinance No. 04-12 relating to Ballot Measure 37 approved by voters in 2004. 4. Ordinance No. 04-13 relating to Ballot Measure 37 approved by voters in 2004. FISCAL NOTES N/A ' 1:1atlm\packet'08\081024\e1s-repeal0033.tloc . , . ~A1e, ve,r CITY OF TIGARD OR.DYIVAN+CE Nt3. 00- AN ORDINANCE PROVIDdNG A PR4CE5 iFOR MAKING CLAIMS UNDER ARTIC4E I, SECTION 18 OF THE OREurON CONSTITUTION, ADD1NG A NEW CwAPTER 1.20 TO THE TIGAF.D MUNICIPAL CODE AND DECLARING AN EMERGENCY. WHEREAS, the City has developed a sound system of land use planning, which includes regulations that in some cases restrict the uses that can be made of property; and WHEREAS, the restrictions on use of property have both served the public intarost a»d increaaed property values by allowing the City to develop in a hazmonious way avoiding incompatible uaes and assuring appropriate development; and WHEREAS, the voters of the state adopted Ballot Measure 7 in the November 2000 eloction amending Article I, Section 18 of the Oregon Constitution to roquire local governments to pay compensation for land use regulations that restrict the uses that catt bz made of property if the restriction causes a reductian in the value of the property; and WHEREAS, some property ovmers may believe that existing or ftituro land use regulations as applied to their property both restrict use of the property and roduce the fair market value of the property and consequentially may bring claims under Measuro 7; and WHEREAS, Ballot Measure 7 does not specify the procoss for oubmieaion and consideration of claims for compensation; and WHEREAS, it is appropriate for the Ciry to provide s Meauuro 7 claims procedure; now, therefore; THE CITY OF TIGARD ORDAINS AS FOLLOWS: ecti n 1. A new Chapter 1.20 is added to the Tigard Municipal Code in the form of Exhibit A attached hereto and incorpomted by this roforeneo. Section 2• Because this ordinance is noceaaary for tho proaervation of the health, safety and welfaze of the City and is neodod to provide a procou for claims by December 7, 2000, an emergency is declarod to exist and thie ordinance ahall be in full force , ~ and effect on December 7, 2000. I I ~ ! Page 1- ORDINANCE NO. 00-,,,1Lj_ PASSED: By 4AMIM OLtS , vote vf all Council membera present after beiug read by number and title only, this ~ day of &tv 2400. Catherine Wheatley, City dtocorder APPROYED: By Tigard City Council thisday of M(,)VP,vY) bQ/L , 2000. A 1, 6 -k Qr14' Ah~ - 0~', J es E. GriffflK App ved as to form: ~ , i Attorney q/?~ Date 1:1ADM10RDiNANCESWIEASURE7.ORI.DOC Page 2- 4RDINANGE NO. 04-. ~ EXHIBIT A ' to Tigard Orainance No. C6apter 1.24 Compensation for Reduction in Property Value 1.20.010 Purpuse i The purpose of this Chapter is to provide procedures arad standards for claims for compensation made pursuant to subsections (a) through (f) of Article I, Section 18 of the Oregon Constitution, effective December 7, 2000. 1.20.024 Definittons As used in this chapter, unless the context requires otherwise: "Affected property" means the private real property that is alleged to have suffered a reduction in fair market value as a result of the City's regulation restricting the use of that property and for which a property owner seeks compensation for the reduction in value. "Regulation" shall mean any law, rule, ordinance, resolution, goal, or other enforceable enactment of the City. "Restricts the use of property" means prohibiting a particular use of the property or making that use only permissible under certain conditions. Standazds that regulate the form of developrnent, how a structure must be constructed, or how grading or fill is to be conducted, such as yard setback requirements, height limitations, erosion control measures and building code standards, aze not restrictions on the use of property. Regulations requiring or setting fees to be chazged aze not restrictions on the use of property. "Manager" means City Manager or designee. 1.20.030 Pre-ApplicaNon Conference 1. Before submitting an application for compensation, a property owner seeking compensation may schedule and attend a pre-applicarion conference with the Manager to discuss the application for compensation. The pre-application conference, if requested, shall follow the procedure set forth by the Manager. 2. To schedale a pre-application conference, a written roquest muat be submittod to the Manager. The pre-application conference is intendod to allow a summary of the basis for the claim to be presented to the Manager and for the Manager to provide infornnation about applicable regulations. The Manager may provide a written sumtnary of the pre- application conference within 10 days aRer it is held. 3. The Manager is not authorized to offer compensation at a pre-application conference but i may take any other action within the Manager's authority. Any omission or failure by the Manager or staff to provide information on all relevant applicable land use regulations will not constitute a waiver or admission by the City. 1.20.040 Application for Compensatton . A property owner wishing to make a claim against the City under subsections (a) through (f) of .Article I, Section 18 of the Oregon Constitution shall first submit a notice of claim to the City. The notice of claim shall be in writing and shall include: 1. A natice of claim form provided by the City signed by all owners of the affected property. If the affected property is owned by two or more persons and not all owners seek compensation, all owners who do not seek compensation shall sign a waiver of the right to compensation. 2. Identiftcation of the affected property by street address and tax lot number, 3. The name, address and phone number of all owners of the affected property seeking compensation (Claimants). 4. The name, address and phone number of all owners of the affected property who do not seek compensation and waive the right to compensation. 5. The name and mailing address of aII persons with a lien 4n or securiry interest in the property. 6. An explanation of the nature of the claim, including specification of the regulation at issue, a description of how the regulation restricts the use of the affected property, and an explanation of how the restriction affects the vatue of the affected property. The explanation shall also state the date the Claimant(s) first owned the affected property and the date the regulation was adopted, first enforced ar applied. 7. A statement describing the extent to which the regulation would need to be waived, suspended, or modified to avoid the need for compensation. 8. The amount of compensation ctaimed and a statement whether the application seeks compensatXOn or a waiver, suspension or modification of the regulation. _ 9. An application fee in an amount to be aet by resolution to cover thc coata of the completeness review and application proaeuing., The fee ahalt be refunded if a determination is made that compensstion should be paid or that the regulation should be waived or suspended. 10. Proof of ownership of the affected property at atl retevant time8. 11. An appraisal by an appraiser licensed by the Appraiser Certification and Licensing Board of the State of Oregon appraising the value of the affocted propcrty under the regulation and appraising the value of the affected property without the regulation. The appraisal shall appraise the value as af the datc the regulatian was adopted, first enforced or applied, whichever is applicable to the claim. Ciaimant shall also submit any other appraisals of the affected property obtained by or in the possession of Claimant in the ten years prior to submitting the notice of claim. The application may include any other materials the Claimant believes are relevant to the notice of claim. A notice of claim shall not be a claim for compensation until the norice of claim is determined to be complete by the Manager. If an incomplete notice of claim is received, the Manager shall inform the Claimant in writing of the additional material necessary to make the notice of claim complete. The notice of claim will be complete when the additional material is submitted and determined by the Manager to be complete. Until the notice of claim is complete, the Ctaimant shall not be considered to have applied for eompensation or filed a claim for compensation. 1.20.060 Notice The City shall provide notice of the hearing required by Section 1.20.080 to all owners of the property, lien holders and security interest holders listed in the notice of claim, record owners of property within 250 feet of the properiy and anyone who has requested notice at least 7 days before the hearing. The notice shall identify the pmperty, state the date, rime and place of the hearing, state the amount of the claim, list a city contact person and phone number, advise of the availability of the staff report and swnmarize the hearing procedures and nature of the claim. Failure of any person to receive notice or any defect in the notice shall not invalidate any action taken or decision made at the hearing. I~~~II w r~ . . . . . , 1.20.070 Staff Report City staff shall prepare a retwrt analyzing the claim. The staffreport shall bc reviewed aW approved by the Community Development Director, Finance Diroctor, and Manager before being submitted to the City Council. Staff may discuss options with the Claimant and may enter into a settlement agreement with the Clainaant as ta actians within staff's authority. Staff may agne with Claimant that staff will recommend a particular cvurse of action to the City Council if staff lacks authority to commit to the action. The staff report shall be submitted to the Councit, mailed to the Claimant, and made available to the public at least 7 days before the public heazing required by Section 1.20.080. 1.20.080 City Council Proceedings The City CounciI shall hold a pubtic hearing on the claim. The public hearing should normally be set within 70 days of the notice of claim but may be set at any time. The City Council may hold an executive session on the claim at any time. 1.20.090 Public Hearing The Claimant and any other person shall be provided a reasonable opportunity to present evidence and azgument at the public hearing. The City Council may limit the duration of testimony. 1.20.104 Council Decision In deciding the claim, the City Council may take any of the following actions: 1. Deny the claim based on any one or more of the following findings: a. The regulation does not restrict the use of the private real property, b. The fair market value of the property is not reduced by the passage or enforcement of the regulation. c. The claim was not timely filed. d. The Claimant is not the current property owner or was not the propecty owner at the time the regulation was adopted, first enforced or applied. e. The regulation is a Mstorically and commonly rccognized nuisance law or a law regulating pomography, nude dancing, gambling, or the sale of alcoholic beverages or other controlled substances. f. The regulation is required by federal law and is the minimum requirod to comply with federal law. S. The City is not the entity responsible for psyment. The City ie not responsible if the challengcd law, rule, ordinance, resolution, goal or other enactment was not enactod by the City. h. The City has not taken final action to enforce or apply the regulation. i. The claimant is not legally entitled to compensation under Article I, Sxtion 18 for a reason other than those listed in subsxtions a through f. The basis for this finding must be clearty explained. 2. Pay compensation, either in the amount requested or in some other amount supported by the evidence. If the City pays compensation, the City shall continue to apply and enforce the regulation. Any compensation shall be paid from funds appropriated for that purpose. 3. Waive or suspend the regulation. The Council may provide that the waiver or suspension of the regulation shall expire when the Claimant ceases to own the property or shall terminate if no longer needed to comply with Article I, Section 18 of the Oregon Constitution. 4. Modify the regulation so that it does not give rise to a claim for compensation. 5. Conditionally waive or suspend the regulation subject to receipt of a defined amount of contributions towazd compensation by a specified date from peisons opposed to the waiver or suspension, such as persons who believe they would be negatively affected by waiver or suspension, with the waiver or suspension being granted if the defined amount of contributions is not received by the specified date. If the contributions are received, compensation shall be paid within 90 days of the date the notice of claim was filed. The specified date shall allow the City time to process the contributions and pay compenpation. The City Council may take other actions it deems appropriate in individual circumstances, may modify the listed actions, and/or may combine the listed actions, consistent with Article I, Section 18 of the Oregon Constitution. The City Council may negotiate an acceptable solution with the Claimant or may direct staff to negcatiate with the Claimant. In the event that the City Council directs staff to negotiate, the Council shall set the matter far.further action no less than 89 days from the date the notice of claim became complete. If the City Council dirccts staff to negotiate, it may delegate authority to staff. The Council shall take final action within 90 days of the date the notice of claim became complete. 1.20.110 Anthority The City Council shall have the authority to take the acdons listod in Sxtion 1.20.100, inclucing the authority to waive or suspend any provision of any City code, ordinance or resolution, notwithstanding any inconsistent pmvision in this code or the Community Development Ce,,:!e. The City rnay retain an appraiser to review the appraisa,l submitted by the Claimant or to prepare a separate appraisal. , 1.20.120 Severability If any section, phrase, clause, or part of the this Chapter is found to be invalid by a court of competent jurisdiction, the remaining phrases, clauses, and parts shall remain in full force and effect. 1.20.130 Attorney Fees on Delayed CompensaNon If a claim for compensation under Section 18, Article I, of the Oregon Constitution and this Ordinance is not resolved within 90 days of the date of filing, claimant's reasonable attomey fees and expenses necessary to collect the compensation will be added as additional compensation pmvided compensation is awazded after the end of the 90 day period. If a claimant commences s,uit or action to collect compensation and the City is the prevailing party in such action, then City shall be entitled to any sum which a court, including any appellate court, may adjudge as reasonable attorney fees. I:WDMIORDINANCES%EXHIBIT A TO MEASURE 7.DOC . . 1 ; . , 4: , . . ' . . . i . GTI'Y OF TIGARD I ORDINANCE NO. 04/,Z ~ ~ . . . . _ AN ORDINANCE PROVIDING A PROCESS FOR CONSIDERATION OF WRITTEN ' DEMANDS FOR COMPENSATION UNDER 2004 BALLOT MEASURE 37, ADDING A NEW CHAPTER 1.20 TO THE TIGARD MUNICII'AL CODE, AND DECLARIlIG AN EMERGENCY. yVBEREAS, the City has developed a sound system of land use pla.nning, which includes regulations that in some cases restrict the uses that can be made of properiy; and WHEREA,S, the restrictions on use of property have both served the public interest and increased property values by allowing the City to develop a harmonious way avoiding incompatible uses and assuring appropriate development; and WHEREAS, the voters of the state adopted Ballot Measure 37 in tiie November 2004 election adding new sections to ORS Chapter 197, which provide that local governments may pay compensation to property owners for reductions in property values resulting from Iand use regulations that resixict uses of the property or may waive restrictions as an alternative to paying compensation; and VVBEREAS, some property owners may believe that existing or future tand use regulations as applied to their property both restrict use of the property and reduce the fair market value of the property and consequently may bring claims under Measure 37; and WEEREAS, Ballot Measure 37 explicitly allows Iocal governmen'ts to develop procedures for assessing claims made tuider Measure 37; and WBEREAS, it is appropriate £or the City to provide a Measure 37 claims procedure; now, therefore; , THE CTTY OF TIGARD ORDAINS AS FOLLOWS: Section 1. The Tigard Municipal Code is amended by repeaiing the existing Chapter 1.20 and replacing it with a new Chapter 1.20 in the form of Exhibit A attached hereto and incorporated by this re£erence. Section 2. Because this ordinance is necessary for the preservation of the health, safety and welfare of the City and is needed to provide a process for claims by December 2, 2004, an emergency is declared to exist and this ordinance shall be in full force and effect on December 2, 2004. y . PASSED: By OWn %/N)UA/ vate of alI Council members present after bezng read by number and title only, this _Q,:3r4day of kv✓2004. 10 eafik3*, City Recorder . Q~ mCGq.V v rn rbap A.PPROVED: By Tigard City Council tbis &?of day of !VU c~~.rbar. 2004. ~ Craig ' sen, Mayor Ap roved as to f rm: ity Attomey Date i i . ~ . Noveinber 23, 2004 I Ord.inauce 04-12 was adopted WITHOUT E, xhibit A on November 23, 2004. i ~ Council directed that Eydiibit A to Ozdinance 04-12 be revised. Af1:er the Ciiy Attoiney • malces changes to Exhibit A, it will brought back for rafification at a Deceinber Council meetirig, and added to Ordinazice 04-12. ~ Jane McGarvin Deputy City Recorder ; ~ i I • I ~ CITY OF TIGARD ORDINANCE NO. 04-) AN ORDINANCE AMENDING ORDINANCE 04-12 PROVIDING A PROCESS FOR CONSIDERATION OF CLAIMS FOR COMPENSATION UNDER 2004 BALLOT MEASURE 37, ADD]NG A NEW CHAPTER 1.20 TO THE TIGARD MUNICIPAL CODE, AND DECLARING AN EMERGENCY. WHEREAS, on November 23, 2004, the City Council adopted Ordanance No. 04-02 without incorporating the written E)dubit A that had been distributed and directed tliat a revised Exlubit A be prepared to include specific changes; and WHEREAS, a revised Exhibit A has been prepazed that includes the changes requested by the Council; now, therefore; THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Ozdinance 04-12 is hereby atnended by adding an Exhibit A to that ord.inance in the form of the attached Exbubit A. The Tigard Municipal Code is consequently amended as provided in Ordinance 04-12 and Exhibzt A. SECTION 2: Because this ordinance is necessary for the preservation of the health, safery and welfaze of the City, an emergency is declared to exist and this ordinance shall be in full force and effect immediately on passage. PASSED: By ma.') D Y'i vote of all Council members present after being read by number and tle only, this /ql~t4day of .L.~l'Q.rn~t^ 2004. 0at62'q'iU 0 Catherine Wheatley, City Recozder APPROVED: By Tigard City Council this/-~&-day of .h~/it , 2004. ~ Craig D lcsen, Mayoz Approved as to fo : ~ v ec) ~e 'ty Attorney / -V v~ ORDINANCE No. 04 Page 1 EXHIBIT A TO CITY OF TIGARD ORDINANCE NO. PROVIDING A PROCESS FOR CONSIDERA.TION OF CLAIMS FOR COMPENSATION UNDER 2004 BALLOT MEASURE 37, INCLUDING A PROVISION FOR ACTION BY NEIGHBORING PROPERTY OWNERS, ADDING A NEW CHAPTER 1.20 TO THE TIGA.RD MCTNZCIl'AL CODE. Chapter 1.20 Compensation for Reduction iua Property Value 1.20.010 Purpose The purpose of this Chapter is to provide procedures and standazds for claims for compensation made pursuant to 2004 Measure 37. 1.20.420 Definitions As used in this cbapter, uniess the context requires otherwise: "Affected properly" means the private real property that is alleged to have suffered a reduction in fair market value as result of the City's regulation restricting the use of that property and foz which a property owner seeks compensation for the reduction in value. "Claimant" means the property owner who submits a claim for compensa.tion under Measure 37 in accordance with Section 1.20.030. "Decision Maker" means tlie Ciiy Counczl ar any person, board, commission, or other entity to whom the Council has delegated authority to make decisions on Measure 37 claims. "Regulation" sha11 mean a provision of the City's comprehensive plan, Community Development Code and transporta#ion ordinances. "Restricts the use of property" means prohzbihng a particular use of the property or making that use oiily permissible uuder certain conditions. Regulations requiring or setting fees to be chazged are not restrictions on the use of property. "Manager" means City Ma.iiager or designee. 1.20.030 Claims A. A properly owner wishing to make a claim agaanst the City under Measure 37 shall frst submit a written claim to the City. A claim under Measure must be in writing and include: ORDINANCE No. 04- Page 2 1. Identification of the affected property. Identification niay he by street address, subdivision lot number, tax lot nwnber, or any other informa.tion that identifies the property. 2. The name and contact information of the person malring the claim, the date the Claimant acquired fhe property, and, if applicable, the da.te that a family znember of Claimanl: acquired the properiy and the names and relationslups of fanuly inembers that are previous owners. 3. A list of all persons with an ownership interest in ox a lien on the property. 4. Identif'ication of the regulation tbat is alleged to restrict the use of the affected pzoperty and a statement describing how the restriction affects the value of the propex-ty. 5. A statement whether the Claimant prefers compensation or a waiver, suspension or modi£'ication of the regulation, and a statement describing the extent to wluch the regulation would need to be waived, suspended or modified to avoid the need for compensation. A description of the proposed use must be provided. b. The amount claimed as compensation and docuinentation supporting the amount. The documenta.tion shall include a market anal.ysis, an appraisal, or other documentation at least equivalent to a market analysis. 7. The name and contact information of the Claimant's authorized representative or representatives, if applicable. 1.20.040 Notice The City shall pzovide notice of the hearing required by Section 1.20.070 to all owners of the property, lien holders and security interest holders, record owners of properly within 500 feet of the property, recognized community participation ozganizations for the area the property is located, and anyone who has requested notice at least 7 days before the hearing. The notice shall identify the property, state the date, time and place of the liearing, state the amount o£ the cla.un or statement describing the extent to which the regulations would need to be waived or suspended, the City contact person and phone number, advise o£ the availability of the staff report and s►zmnZarize the hearing procedures and nature of the claim. Failuxe of any person to receive notice or any defect in the notice shall not invalidate any action taken or decision made at the hearing. 1.20.050 Staff Report City stafF sha11 prepare a report analyzing the claim. The staff report may be reviewed by the Connmunity Development Director, Finance Director, and Mana.ger befoze being stzbmitted to the Decision Malcer. ORDINANCE No. 04- Page 3 The staff- report shall be submitted to the Decisioii Maker, mailed to the Claimant, and made available to the public at J.east 7 days before the public hearing required by Section 1.20.070. 1.20.460 Decision Mal{er Proceedings The Decision Maker sha11 hold a public hearing on the claim. The public hearing should normally be set within 150 days of submission of tlie claim but xnay be set at any time. The Decision Malcer may hold an executive session on the claim at any time. 1.20.070 Public Hearing The Claimant and any other person shall be provided a reasonable opporhanity to present ' evidence and argument at the public hearing. The Decision Malcer may limit the duration of testimony. 1.20.080 Decision Maker Decision In deciding the claini, the Decision Maker raay take any of the following actions: 1. Deny tlie claim based on airy one or more of the following findings: a. The regulation does not restrict the use of the private real property, b. The fair market value of the property is not reduced by the passage or enforcement of the regulation. c. The claim vvas not timely filed. d. The Claimant is not the current property owner. e. The Claimant or family rnember of Claimant was not the property, owner at the time the regulation was adopted. f. The regulation is a historically and commonly recognized nuisance law or a law regulating pornography or nude dancing. g. The regulation is required by federal law. h. The regulation protects public health and safety. i. The City is not the entity responsible for payment. The City is not responsible if the challenged law, rule, ordinance, resolution, goal or other enactrneilt was not enacted or enforoed by the City. ORDINANCE No. 04- ~ ~j Page 4 j. The City has not taken final action to enforce or apply tlae regulation to the property for wluch compensation is claimed. lc. The Claimant is not Iegally entitled to compensation for a reason other than those listed in subsections a througli g. The basis for this f7n.ding must be clearly explained. 1. The City has not established a fund for payment of claims under Measure 37. 2. Pay compensation, either in the amount requested or in sozne otizer amount supported by the evidence. If 1he City pays compensation, the City shall continue to apply and enforce the regulation. Any compensation shall be paid from funds appropriated for that pwrpose. The City may require any person receiving compensation to sign a waiver of future claims for compensation under Measure 37 and the Cifiy may record that waiver wzth the County Recorder. 3. Waive or not apply the regulation to a11ow the owner to use the properry for a use permitted at the time the Claimant acquired the property. 4. Modify the regulation so that it does not give rise to a claim for compensation. Any such modification shall be for the specific pzoperty only unless the City follows the procedure for a legislative land use decisi.on. 5. Conditionally waive or suspend the regulation subject to receipt of a defined amount of contributions toward compensation by a specified date from persons opposed to the waiver or suspension, such as persons who believe they would be negatively affected by waiver or suspension, with the waiver or suspension being granted if the defined amount of contributions is not received by the specified date. If the contributions are received, compensation shall be paid within 180 days of the date the claim was filed. The specified date shall allow the City time to process the contributions and pay compensation. The Decision Maker may talce other actions it deems appropriate in individual circumstances, may modify the listed actions, and/or rna.y combine the listed actions, consistent with Measure 37. The Decision Maker may negotiate an accepta.ble solution with the Claiinant or xn.ay direct staff to negotiate with the Clai.mant. In tbe event that the Decision Maker directs staff to . negotiate, the inatter shall be set for further action by the Decision Maker no less than 175 days from 'the date of the notice of claim becarbe complete. The Counci.l shall take final action within 180 days of the claim. The Decision Maker sliall take actions 2 through 5 only if it determines the claina is valid. A decision by a Decision Maker other tlian Council shall not be a final decision, but shall be a recommendation to Council. , ORDINANCE No. 04- Page 5 1.20.090 Delegation of Authority and City Council Review The Council may delegate authority to act as a Decision Maker to a.uy person, board, commission ox otlier entity by motion, resolution or ordinance. Tlie Council sha11 review alI recommendations of the Decision Maker and malce the final decision. If a Decision Maker other than Cowacil has made a xecommendation to Council, Council may act on the recommendation by motion or oxder without a Council hearing. The Council may approve recommendations on its cousent agenda. 1.20.100 Action by Neighboring Property Owners If a Claim results in a waiver of enforcement of a regulation and the development al.lowed by the waiver causes a reduction in value of other property located i.n the vicinity of the Claimant, those property owners shall have the right to maintain an achon against the Claimant in state circuit court fio recover the amount of the reduction. The neazby pzoperty owners, if successful, shall be en.titled to an award of xeasonable attonney fees. Tbis section does not create a right of action against the City. 1.20.110 Authority The City Council sha11 have the authority to take the actions listed in Section 1.20.080, including tlie authority to waive or suspend any pro,vision of anq City code, ordinance or resolution, notwithstanding any inconsistent provision in this code or the Community Development Code. The City may retain an appraiser to assist the Decision 1vlalcer or Council determination. 1.20.120 Deposit and Responsibility for Costs The Claimant sha11 provide a deposit of $1,000 at the time the cla.im is filed wifih the City. If tl-ie claim is determined to be valid, the City shall refund the entire deposit. I£ a claim is denied and ultimately deterinin.ed to be invalid, the Claimant shall reunbiuse the City for the costs the City incurred in processing the claim. Tf the amount of reimbursement exceeds the cost of deposit, the Claimaut shall pay any additional amounts within 30 days of a demand by the City for fu11 reimbursement. If tlie aznount of reimbursement is less than the deposit; the City shall refund the difference to the Claimant. The City shall provide an invoice detailing its costs when demauding additional reimbursement ox provid'vag a partial refund. 1.20.130 , Severability If airy section, plarase, clause, or part of this Chapter is found to be invalid by a court of coznpetent jurisdiction, the zemaining phrases, clauses, and parts sha11 remain in full force and effect. ORDIN.ANCE No. 04- Page 6 Agenda Item # Meeting Date October 24, 2006 COUNQL AGENDAITEM SUMMARY City of T"igard, Oregon Issue/Agenda Title Tf -IIRD UARTER COUNQL GOAL UPDATE Prepared By: oanne Ben on 9K Dept Head Okay ' CityMgr Okay 64 ISSUE BEFORE THE COUNQL AND KEY FACTS Progress report on the Council goals for the 3' quarter of 2006 STAFF RECOMMENDATION Review the update. KEY FACTS AND INFORMt1TION SUMMARY Attached are brief surrunaries of the progress made on the goals developed by Council in January 2006. OTHER ALTERNATNES CONSIDERED N/A, COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Goals are identified throughout the document. ATTAQ-IMENT LIST 1- Third Quarter Goal Update Report. FiscAL NorEs N/A 2006 Quarterly Goal Update 1. Revise City of Tigard Comprehensive Plan • Complete draft by year end 3rZuarter Update• • Cityscape article series continues • Webpage updated • Electronic NewsList update sent monthly • Twice-monthly meetings held with Planning Commission • Phase II: Inventory/data collection continues o Environmental Quality topic completed o Community - housing, economy - draft report completed o Natural Resources draft report completed o Public Facilities, Transportation to take place this fall 2"a Ouarter U12date: • Cityscape article series continues • Webpage updated • Electronic NewsList established; electronic news update sent monthly • Monthly meetings held with the Planning Commission • Phase I completed o Communiry Attitudes Survey completed in June; results presented to Council on June 20 and 27 o Issues and Values summary presented to Council July 18 Phase II: Inventory/data collection continues o Environxnental Quality, Natural Resources data to be completed in suminer o Community; Public Facilities and Services topics begun o Internal Team established to coordinate efforts, data between departments 1 S` Ouarter U12date: A Senior Planner was hired in January to develop and lead the work program. The work program was reviewed by City Council and Planning Commission in February; Planning Commission is the project Steering Committee. The Public Involvement structure was reviewed by the Committee for Citizen Involvement and Planning Commission in February and Maxch. Project launches (Phase D in April: • Ciryscape article series starts • Data collection on current conditions begins in April • Define Issues and Values 1. Review of previous surveys and Tigard Beyond Tomorrow 2. Proposals solicited for Community Attitudes Survey consultant; selection and contract to be finalized; survey occurs April-May. Counczl Goal Update 1 2. Implement Downtown Plan • Implement catalyst projects including improvements to Burnham Street and identify & purchase land for a Downtown public gathering place. 3rd Quarter U12date: Tigard Downtown Implementation Strategy • The Strategy was adopted by City Council on August 8,".. It addresses implementation of the Downtown Plan including the catalyst projects and contains three (3) key strategies, thirty (30) supporting strategies, provides a 3-Year Action Plan, and 1-Year Work Program. • Benc•hmark.r. The Downtown Implementation Strategy will be updated and adopted by Council annually. Adoption of the annual work program which is part of the Strategy provides endorsement and direction of Staff work for the upcoming fiscal year. Streetscal2e Enhancement Program • The Streetscape Plan, which is a catalyst project, was adopted by City Council on September 26th. Conceptual design for key downtown streets, gateways and public spaces will be incorporated into final design documents as appropriate. • Benc•hmark.r. The contract has been completed and the documents reviewed and adopted by Council. Hall Boulevard Downtown Gatewav • OTAK, Inc. has begun work to identify right-of-way (ROW) for a potential gateway at Hall Blvd. / 99W. The project has been postponed due to cost impact concerns. The City will continue its involvement in potential gateway improvements, and incorporate public involvement as necessary. • Benchmark.r. Specific design of a gateway, and pedestrian improvements is anticipated for December '06. Burnham St Improvements • A contract with OTAK, Inc. was finalized and final engineering drawings for Burnham Street have been started. • The CIP Budget has provided for engineering, ROW, and construction for Burnham Street over the next two fiscal years. • Benchmark.r. Engineering design and ROW acquisition will occur during FY 06-07, and construction FY 07-08. Fanno Creek Public Area • Negotiations for purchase of floodplain properties in the area of the proposed public gathering place continue. The City is working with two property owners to acquire properties. • Benchmark.r. Anticipated completion of negotiations: March 2007. • A Master Plan for Fanno Creek Park has been scheduled for FY 06-07. Fund.ing has been identified and the project has been included in the CIP budget for the fiscal year. • Benc•hmark.r. Completion of a Master Plan for Fanno Creek Park and the proposed Public Area is anticipated for June 30, '07. Courtczl Goal Update 2 2"`' Quarter U12date: Tigard Downtown Implementation Strat= • The Strategy addresses implementation of the Downtown Plan, its catalyst projects, and provides a three- year Action Plan and a one-year Work Program. A near-final version of the Downtown Implementation Strategy was completed, and reviewed by the CCAC, Executive Staff, Planning Staff, and City Council. Benc•hmark.r: The Strategy has been endorsed by the CCAC and is recommended for approval by Council (CCDA) on July 11. Streetscal2e Enhancement Program • Concept designs for Burnham Street, Main Street, and Commercial Street West have been completed. Conceptual design work has been endorsed by the Streetscape Working Group and presented to the City Council. A final report is due August '06. Benchmark.r. Contract executed December '05. Contract to be completed: August '06. Hall Boulevard Downtown Gatewav • OTAK, Inc. has begun work to identify right of way for a potential gateway at Hall Boulevard/99W. Benchmark.r: Specific design of gateway and pedestrian unprovements is anricipated for December '06. Burnham Street Improvements • The Community Investment Program Budget has provided fox engineering, right-of-way, and construction for Burnham Street over the next two fiscal years. Benchmarks: Engineering design and right-of-way acquisirion will occur FY 06-07 and construction FY 07- 08. • The concept design for Burnham Street has been completed by OTAK, Inc. and accepted by the Streetscape Working Group and City Council. Benchmark.r. Began - December '05. Completion - April '06. Adoption of a final report is anticipated August '06. Fanno Creek Public Area • Negotiations for purchase of floodplain properties in the area of the proposed public gathering place continue. It is anricipated that the Ciry will be successful in purchasing the Steven's Marine floodplain property and has arranged for property appraisal. Benchmark.r. Anticipated completion of negotiations January 2007 • A Master Plan for Fanno Creek Park has been scheduled for FY 06-07. Funding has been identified and the project has been included in the Community Investment Program budget for the fiscal year. Benchmarks: Completion of a Master Plan for Fanno Creek Park and the pxoposed Public Area is anticipated for June 30, 2007. 1S` Ouarter Update: Streetscal2e Enhancement Program • Solicited RFP and entered into contract with OTAK, Inc. for a Comprehensive Streetscape Design contract. • Coordinated design and public involvement process for Stteetscape Design in the Downtown (ongoing until completion July '06) Benchmark.r. Contract executed December '05. Contract to be completed: July '06. Hall Boulevard Downtown Gatewav • Identified opportunity to provide design input with Washington County for the Hall Blvd/99W Intersection. • Amended Streetscape Contract to have OTAK, Inc. assist the City in identifying design modification including pedestrian improvements, landscaping and a potential Gateway. Benchmark.r. Contract executed: March '06. Anticipated completion: November '06. Burnham St Improvements • Development of a Downtown Implementation Strategy to prioritize Catalyst Project, CIP Projects, and actions to undertake redevelopment. Benchmark.r. Began Strategy: January '06. Completed (draft): March 15. Anticipated review by Counc7l Goal Update 3 CCAC and City Council: April '06. • Prioritize work with Streetscape Consultant (OTAK, Inc.) to identify design options and build consensus for Burnham Street. Benchmark.r: Began: December '05. Anticipated completion time: April '06. • Identify funding sources and design/construction schedule for Burnham Street for FY 06-07 Capital Improvement Project (CIP) Budget. Benchmarks: Began: December '05. Anticipated completion: May '06. Fanno Creek Public Area • Pursuing acquisirion in FY 05-06 of floodplain ptoperties in the area of the proposed public gathering place adjacent to Fanno Creek Park. Benchmark.r. Begin discussions with property owners: February '06 Anticipated completion of negotiations: June '06. • Prioritize the master planning of Fanno Creek Park and its connection to Downtown for FY 06-07 pending funding availabiliry. Benchmarks: Proposed for Budget FY '06-07. Anticipated completion: June 30, '07. • Work to assure passage of the Urban Renewal Plan Ballot measure * *THIS GOAL IS DIRECTED TO CITY COUNCILORS, NOT CITY STAFF. STAFF CANNOT PROMOTE OR OPPOSE BALLOT MEASURES IN THE COURSE OF THEIR WORK. THE FOLLOWING ITEMS ARE EFFORTS THE STAFF HAS MADE TO PROVIDE IMPARTIAL, FACTUAL INFORMATION TO CITIZENS. 3rd Quarter Update: The Urban Renewal Ballot Measure passed on May 16, 2006. Efforts to educate the public with regard to the Ballot Measure were limited due to legal requirements but information was made available, and City staff wrote articles for Cityscape, coordinated with local newspapers, and produced a video on Urban Renewal which was run on Cable TV, on line, and made available at the library. 2nd Quarter Ugdate: Urban Renewal Video. City Articles_ City Website U12date • The following projects were completed prior to the Urban Renewal Ballot Measure: production and release of a video about Downtown Tigard and Urban Renewal, articles on the Downtown and Urban Renewal in the Citycape publication, and update of the City's website to include sections on the Downtown. The video was shown on public access television and placed on continuous play in the library. Benchmarks:• Articles placed in Cityscape monthly issues leading up to the Ballot Measure, complete of video three- to six-weeks prior to election date, Ciry website updated two- to three-months priox to election date. 1 st Ouarter U12date: • Update the City's website to include section on Downtown, the Tigard Downtown Improvement Plan and Urban Renewal Benchmark.r. Started website update January '06. Anticipated completion: March 22, '06 • Coordinate the production of a video to convey ideas and information about the Tigard Downtown Improvement Plan, its formation and Urban Renewal Benchmarks: Began video production December '05. Anticipated completion: March 30, '06. • Write features articles on the Downtown and Urban Renewal in the Cityscape publication. Benchmarks: Wrote articles for Cityscape publication on Downtown and Urban Renewal which were included in included February, March, April and May issues. Counczl Goal Update ¢ • Identify and make changes to the Tigard Development Code needed to implement the Downtown Plan (e.g., zoning overlays, design standards) 31d Quarter Update • Staff developed and presented to City Council the initial evaluation and set of recommendations for new regulations and design guidelines in the Downtown. • The recommendations entided "Framework Report" was reviewed and endorsed by the City Center Advisory Commission (CCAC), and presented to City Council on September 19th. • Staff has developed a complete Program and Outreach Effort to inform and work with Downtown property and business owners. This will be presented to Ciry Council on October 10th. Benchmark.r. The Program for development of new Downtown Land Use regulations will be executed from June 21 '06 to June 30, '07. 2nd Ouarter U12date: • A work program was developed to research, develop, and adopt land use regulations and design guidelines for powntown. Benchmarks: Program to go from June 21, 2006 to June 30, 2007. 1 st uarter U12date: • Prepare a work program to begin FY 06-07 to include 1) identifying preferred quality of development, 2) reviewing recommendations of the Tigard Downtown Improvement Plan, 3) devising new or modifying existing land use regulations, and 4) coordinating stakeholder involvement. Benchmark.r. Anticipated time of completion: May 30, '06 • Complete work program tasks 1) identify desired quality of development 2) review recommendations of Tigard Downtown Improvement Plan. Benchmark.r. Anticipated completion: June 30, `06 • Apply for a TGM Code Assistance Grant to provide consultant assistance in accomplishing the work program. Benchmarks: Anticipated completion of grant proposal: May 30, '06 2. Improve 99W Corridor • Complete Transportation Growth Management (TGM) Corridor Study 3rd uarter U12date The IGA (Intergovernmental Agreement) with ODOT (Oregon Department of Transportation) has been executed and notice to proceed on the project was given on August 18, 2006. A TAC (Technical Advisory Committee) has been formed to perform the technical review of the plan. A CAC (Citizen Advisory Corrunittee) to guide the preparation of the plan has been formed with members selected through the established selection process led by the Mayor. The CAC will be formally appointed by Council via resolution at the Council meeting on October 24, 2006. The TAC and CAC will conduct meetings after completion of major tasks in the scope of work to review and comment on the consultant submittals. The current schedule calls for five meetings each of the two committees and three open houses to receive public input on the plan as it is developed. The project is expected to be completed by the end of Fiscal Year 2006-07 Qune 30, 2006). Counczl Goal Update 5 After completion of the plan, the CAC will present the findings and recommendations to Ciry Council for adoption. The high priority projects will be considered for implementation in future years as funding is identified and made available. Potential land use changes will also be considered for implementation as opportunities present themselves through new development or redevelopment of existing properties along the corridor. 2nd Ouarter U12date The study will evaluate various alternatives alleviating traffic congestion on the highway between Durham Road and Interstate 5. The intent of the study is to address current traffic deficiencies, present design alternarives and propose sttategies that would provide for effective traffic circulation, connectivity and operational itnprovements to the highway and its corridor. The study will: • provide a plan for management of the corridor • produce a package of projects (both large and small) that can be implemented over a period of years as funding sources are identified and designated for these projects • idenrify and evaluate opportuniries for land use changes to help achieve project objecrives. • Recommend comprehensive plan and zoning code amendments to allow new market-supported uses that reduce vehicle trip demand • Suggest site design requirements to promote alternative modes and xeduce congestion. The OTAK-DKS consultant team with Randy McCourt of DKS as the team pYOject manager has been selected to perform the study. The detailed scope of work with Intergovernmental Agreement (IGA) has been submitted to the Oregon Department of Transportation headquarters in Salem for review and approval. That process has been exceeding slow. To ensure that the IGA can be prompdy approved once it is submitted to the Ciry, Council appxoved the draft IGA at the June 27, 2006 meeting and authorized the City Manager to execute the documents upon submittal to the City. The Citizen Advisory Committee to guide the prepararion of the plan is being formed and is expected to be appointed by Council in early October 2006. The actual work to develop the plan is now expected to begin by late August 2006 and should be completed within 12 months after notice to proceed. 1 st Ouarter Update: The City staff has been working with ODOT to develop a detailed statement of work for the Highway 99W Corridox Improvement and Management Plan. The statement of work has been completed and the selection of the consultant to perform the work will be conducted during the next few weeks. The actual work to develop the plan is expected to begin by June 1, 2006. The duration of the study is up to 13 months after notice to proceed. • Continue Greenburg Road intersection project 3ruarter U12date: The proposed project to improve the Greenburg Road/Highway 99W/Main Street intersection will complement the Hall Boulevard/Highway 99W County-funded improvements. Improvements will enhance traffic circulation across Highway 99W and reduce traffic congestion on the highway along the corridor adjacent to the Tigard downtown. The full benefits of the improvements to the Hall Boulevard intersection cannot be realized without removing the bottleneck that currendy exists at the Greenburg Road intersection. The Transportation Financing Strategies Task Force recommended to City Council that the project be constructed in conjunction with the Hall Boulevard/Highway 99W project. Counizl Goal Update 6 To fund this high priority project, the Task Force recommended that a local gas tax with a five-year sunset clause be implemented to fund the project. Council directed the establishment of an eYtensive public process to gain support for the project and the proposed funding source to implement it. Two open houses have been scheduled in November (November 9t" and 30,") to provide information and to receive citizen and business input on the proposal. An ordinance to establish the local gas tax will be submitted for Council consideration at the Council meeting on December 12, 2006. A public hearing to obtain input will be conducted at the meeting as part of Council consideration of the proposed ordinance. 2nd Ouarter Update: An alternatives analysis was conducted to examine circulation issues and impacts of various alternatives a.uned at improving performance at the Greenburg Road/Highway 99W/Main Street intersection. The current level of service on Greenburg Road at Highway 99W is extremely poor especially in the afternoon peak travel hours with vehicles waiting through multiple traffic cycles to clear the intersection. In addition, forecasts for Highway 99W along this area show it is well over capacity in future demand. Cumnt Status: The alternatives analysis to determuie an optimutn solution for the Main Street/Greenburg Road/Highway 99W intersection was presented to Ciry Council at the April 18, 2006 workshop meeting and further discussed at the May 16, 2006 meeting. Council provided direction for staff to further explore the recommended 'unprovements to the intersection. A concept design with cost estimate was prepared and submitted to the Transpoxtation Financing Strategies Task Force for comment. The Task Force consensus is that the recommended unprovements in the study should be constructed to complement the Hall Boulevard/Highway 99W Intersection Improvements. The Task Force will recommend the establishment of a local gas tax at the August 8, 2006 Council meeting and will further recommend that the proposed improvements to the Greenburg Road/Highway 99W/Main Street intersection be designated as the irutial project for implementation. Council direction will be requested for the Task Force to work with City staff in the development of an ordinance to establish the local gas tax so that the proposed project can be initiated and constructed as soon as possible for improved traffic flow through the two adjacent intersections. 1 st Ouarter U12date: An alternatives analysis was conducted to examine circulation issues and impacts of various alternatives aimed at improving performance at the Greenbutg Road/Highway 99W/Main Street intersection. A draft report has been prepaxed, which will be presented to Council at the April 18, 2006 workshop meeting. The draft report has been provided to the Transportation Financing Strategies Task Force. • Continue Hall Boulevard intersection project 3rd Ouarter Update: The Counry continues to work with ODOT to identify the extent of the access management plan required, design exceptions needed to allow for the expansion without having to reconstruct and widen the entire street, storm drainage runoff disposal issues, and others. The MSTIP funding is limited and needs to be managed carefully if the project improvements are to be constructed as proposed. The intent of this coordination is to be able to provide the design consultant with specific guidance during the design phase and to ensure that project funding is not spent unnecessarily on process-oriented work that does not translate into physical improvements on the ground. As a result of this coordination and discussion, the project design progress has been delayed and the project schedule will have to be re-established aftenvards. Counc7l Goal Upclate 7 It is therefore unlikely that the project construction can begin in the summer of 2007. This could work to the City's advantage if the Greenburg Road project can be funded through a local gas tax. This delay could provide an opportunity to combine the two projects into one construction project in 2008. 2nd Ouarter U12date: This project adds capacity to the Hall Boulevard/Highway 99W intersection. It is funded through Washington County's MSTIP 3(Major Streets Transportation Improvement Pxogram). Cumnt Statu.r. The project design has begun but is progressing at a relatively slow pace as the County staff discusses several major issues with ODOT. Some of these issues include the extent of the access management plan required, design exceptions needed to allow for the expansion without having to reconstruct and widen the entire street, storm drainage runoff disposal issues, and others. The Counry is seeking to have this project declared as an interim improvement to reduce the requirements for additional studies and other process- oriented submittals that represent significant cost but do not actually go into physical improvements on the ground. The project is still scheduled to begin construction in 2007, but that could change if the right-of-way acquisition is delayed sufficiendy to require significant adjustment of the currendy projected schedule. 1st Ouarter U12date: The project is entering into the design phase with construction expected to begin in spring 2007. The design work and right-of-way acquisition for the intersection widening will be ongoing during the next 12 to 18 months. Because the intersection is a major portal into the Tigard downtown area, the City will be working closely with the Oregon Department of Transportation (ODO'I) and Washington Other Important Goals for 2006 • Improve Communication and Relationship with Citizens • Implement the new neighborhood program throughout the City 3rd Ouarter Update Staff continues to work on development of the Enhanced Neighborhood Program. In May, Open Houses were held in two of the pilot areas to provide an opportunity for area residents to comment on the proposed program elements. Over the summer, staff discussed the proposed program at two neighborhood events in the third pilot area. Citizens who had expressed interest in helping develop the program structure were invited to attend the July CCI meeting. Staff worked with the CCI members at their July, August and September meetings to refine a proposed structure for consideration by the Ciry Council. Based on Council's comments and direction given to staff at the October 17 workshop, staff will finalize a proposed program for the Committee for Citizen Involvement (CCI) comment at their meeting on October 18, 2006. Residents of the pilot areas who have expressed an interest in participating will be invited to an Open House in November for an opportunity to comment on the proposed program. 1 S` Ouarter U12date: The Neighborhood Program moved forwaxd as Liz met with the School Board in January, and has met with and scheduled meetings with the Paxent-Student Organizations (PSO) in the three pilot areas in March. • Conduct a ciry-wide scientific survey/report card on City services 3rd Ouarter U12date The results of the city-wide scientific survey/report on city services conducted in May 2006 were presented to City Council in June. Council Goal Update 8 1 ti` Ouarter U12date: The City has chosen Riley Research to prepare and conduct a comprehensive, scienrific communiry survey to get better information about citizen concerns. This first survey, to be conducted the week of May 14, 2006, will help to guide the City's efforts to update its Comprehensive Plan, but will also form a baseline for biennial surveys to help us gage our progress at meeting citizen needs. • Connect Council with students in schools 3rd Ouarter Ut)date A representative of Tigard High School continues to attend City Council meetings monthly to present information about programs and activities at the school. The Tigard Youth Advisory Council has suggested City Council members have lunch at the High School periodically. Staff will work with individual Council members to schedule. • Consider Opportunities for Major Greenspaces Purchases • Purchase first-refusal options • Explore School District property exchange 3rd uarter• Currendy, the City's Cach Creek property lies outside Tigard city limits. On October 10, 2006, the Council annexed this property into the City of Tigard. Negotiations between the Ciry, School District, and METRO continue, with the ultimate goal being that a significant portion of the Fowler School site remains in public ownership. The City is working within this framework to acquire approximately 35 acres of the Fowler property for possible active park and greenway use. Ouarter 1 Update: The Park and Recreation Advisory Board conducted a comprehensive land acquisition process that evaluated properties in and around the Tigard communiry. The Fowler School property was identified as high prioriry by the Board. The Advisory Boards goal is to preserve and protect the Fowler School greenway property as well as the developable, upland property. Currently there are fourteen (14) properties being evaluated (seven (7) greenway properties totaling 36.97 acres, and seven (7) "active" park properties totaling 14.3 acres). Appraisals and Level One Environmental Reports are being ordered, and negotiations continue with owners. The City and the School District are currendy working collaboratively to identify a mechanism(s)/ process that will ensure that the entire Fowler School site will remain in public ownership. It is anticipated that eventually, an Intergovernmental Agreement will be created that will enable this to happen. The School Board is conducting a process aimed at identifying surplus property within the District. Fowler School will be discussed at a meeting to be held in April. City staff will be at that meeting. Metro is conducting a land acquisition bond measure in November 2006. A portion of the bond measure is dedicated to local share distribution. • Clarify City's Position on the Provision of Urban Services to Unincorporated Areas and in the Best Interests of the Citizens of Tigard Third Ouarter U12date • The Urban Services Intergovernmental Agreement is terminated. Counczl Goal Update 9 2nd Ouarter U12date: • Implemented termuiation of Urban Services Intergovemmental Agreement prior to effective date of July 20, 2006. 1" Quarter U12date: At the meeting on March 28, 2006, the City Council decided to terminate the Urban Services Intergovernmental Agreement with Washington Counry whereby the Ciry provided building permits and inspections and development services to the unincorporated portions of Bull Mountain. It is important to note that the termination of the development services intergovernmental agreement does not indicate a change in the City's long stated policy and the underlying Urban Services Agreement with Washington County and other urban services provider to be the ultimate provider of services to the Bull Mountain area. The Ciry will continue to annex land within that area as property owners request annexation and as allowed by law. • Secure Long-Range Water Source(s) 3rd uarter• This quarter, work continues on the analysis of a Lake Oswego /Tigard partnership to expand Lake Oswego's water rights and treatment plant. The Tigard Ciry Council is slated to meet with the Lake Oswego City Council and the Intergovernmental Water Board on November 14 to discuss the partnership and the type of information Councilors and Board members will need in order to make a decision about forming the partnership. The draft environmental impact statement for the Hagg Lake dam raise project is now expected in December 2006. In early 2007, the Council will need to consider whether to continue the City's participation in the project as this decision will affect the FY'07-'08 budget. 2nd Ouarter Update: This quarter work progresses on the Lake Oswego /Tigard analysis of the potential expansion of Lake Oswego's water rights and treatment plant modifications. Draft white papers, on several topics covered in the study, will be available soon. The Tigard City Council also entered into a partnership with the Tualatin Valley Water District to develop the right-of-way and easements for the north/south regional water transmission main. This key pipeline will connect all the major Westside water sources. The draft environmental impact statement for the Hagg Lake dam raise project is due next quarter. The Council will need to consider whether to continue its participation in the project; the next phase of the project involves a commitment to fund the improvements. 15,~uarter U12date: The City continued participation in the Hagg Lake expansion study. Council will need to decide during the 3rd quarter if we wish to continue into the construction process. Secured a joint funding agreement with Lake Oswego for addition evaluation of a joint project. Continued participation in the Willamette River Water coalition to protect and develop our water rights. Successfully negotiated a shorter term contract with Portland to provide transition to an alternate source(s). Councz! Goal Update 10 • Stabilize Financial Picture • Review Financial Strategy Task Force recommendations • Take appropriate action to control costs 3rdQ " uarter Update: Significant Work Elements ■ Completed conversion of the Springbrook financial software to an upgraded version (6.05). ■ Completed conversion from the purchasing card software EAGLS to WORKS and conducted staff training. ■ Closed several open accounts and now using p-card and/or purchase orders. ■ Auditors completed interim work for FY 2005-06. ■ Worked with Finance Director on process reviews for procurement and Human Resources. ■ Started working with Public Works on Street Maintenance cost analysis. ■ Transportation System Development Charge (TSDC) - Engineering now plans on using the umbrella DKS contract recendy approved by the City Council. Mcasurc 15f uartcr 2"d uazter 3rd uarter 4,h uartcr Plan Actual Plan Actual Plan Actual Plan r\ctual P ro!lCheck.rProceaaed 1,800 1,778 2,100 1,800 2,100 Accouat.r PryaLle Check.r 1,200 1,423 1,350 1,350 1700 Check Reguert.r/Invoicer 3,600 3,087 3,300 3,500 3,700 Pmce.cted NumGer of Water 17,300 17,472 17,325 17,350 17,400 Aaounta TotolNumGerofUtility 19,200 19,302 19,250 19,300 19,350 Bi!!in Accounta Nfimber aJPo.r.rporl 60 236 SO SO 75 A licatronr Amaa.red N1imGer of Utilily Br1Lr 26,300 26,425 29,600 28,500 28,700 Sent NxmGer oJMetera Sold 70 72 SS SO 75 UB On/iae Regirtered 3,100 3,728 3,125 3,150 3,200 Uter.r UBOalineNumGerof 950/,8104,500 1,5071$160,109 1,1001$121,000 1,3001$143,000 1,4001$154,000 TranracJiona/ Dollar.r NumGer oJParchasing 775 890 775 825 825 Card Trantactron,r NumGer ojPurchaae 120 61 90 80 SS Orrler.r Pmce.cred SiZe of Inoertmeat Poo/ ,845.0 mi!lion $46.6 $49.0 million $S 1.5 mi!/ion $46.0 mi!lian (LGIP and 3^d Pa 2"`' Ouarter Ugdate: Significant Work Elements Accomplishments During the Quarter • Worked with Finance Administration on the Budget Committee meetings and final adoption of the FY 2006-07 Budget. ■ Completed RFP process for new coffee bar vendor and TV Van. ■ Scheduled upgrade of the Ciry's financial software to the most recent version (6.05). ■ Initiated the conversion to a new procurement card processing software. ■ Initiated year-end closing procedures for FY 2005-06. ■ Began working with Public Works staff on a cost study of certain activities in the Street Maintenance Program. • Completed pxeliminary work with the outside auditing fixm for FY 2005-06 audit. Councz! Goal Update > > ~ Finance Director initiated a business process review of the City's purchasing/ acqui sition process and procedures. ■ Performance Measurements (Clpdate Mea.rarre.r from .Budget Document) o Workload Indicators Mcasurc 1~1 Quartcr 2^d Quartcr Yd Quarter 4,h Quartcr Plan Actual Plan Actual Plan r\ctual Plan Actual PayrollCbeck.r Procerred 1,738 1,773 1,808 2>081 1,532 1,771 1,822 2,085 Accountc PayaG/e Check.r 1,326 1,153 1,375 1,291 1,370 1,176 1,429 1,289 Check Reqne,rtr/Inrroicer Proce,r.red 3,944 3>621 4,125 3,329 3,762 3,097 4,669 3,850 NrimLer oj IP/ater Accouirta 17,040 17,115 17,060 17,206 17,105 17,328 17,150 17,432 NumGer of Uti/ity Bills Sent 25,283 26,257 28,524 29,447 27,227 28,334 27,011 28,471 NiimGer of Meter.r Sold GO 93 35 91 45 124 60 121 UB Onlrne Regirtered U.rer.r 2,700 2,847 2,750 3,059 2,790 3,311 2,830 3,518 UBOnlineNumGerof 9501 1,1121 1,000/ 1,205 1,100/ 1,343/ 1,150 1,360 Tran.ractrona/Dollarr $71,250 ,8111,084 875,000 $142,848 $82,500 ,$122m902 1,886,250 1$112,541 NumLer of Pnrcha.ring Card SSO 778 570 771 600 747 630 846 Trmuactian.r NumLer of Prirchaae Orderr 144 93 94 67 17 68 95 62 Pmces.red SiZe aJlnvertment Poo! $46.5 ,8'45J $50.0 $52.0 $48.5 ,852.6 846.0 $50.6 (LGIP and 3'd P Million Million A1i!6oa Million Million Million Million Million 151 Quarter U12date: At the end of last year's budget process, the City Council appointed a task force made up of citizen members of the City's Budget Committee plus representatives of each of the City's other boards and committees. This citizen task force met over an 8 month period to review the City's financial situation. They concluded that the City's financial affairs are well managed and that the City is not providing any unnecessary services. They recommended that the City contract for outside performance audits to review selected city services and to develop recommendations for improvements. The 2006-07 proposed budget includes a request for $75,000 to pay for up to two performance audits to accomplish these purposes. The task force also recommended that the City continue its past practice of making sure that all fees and charges are kept current and recover the full cost of providing services for which they are charged. The City will continue with this practice by reviewing all fees and charges annually as required by City Code. Councz! Goal Update 12