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CPA 15-85
POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. City of Tigard CPA 15-85 ,Review Po 7,i cy 7.3..2 Also ZOA 9 , .,_...., of tkia f ind .qgs o Policies & Implementation, Strategies Document 4 r. '•ryI II I ; I , I s'' I I I I } ARD, OREGON r CITY OF TIG ARD, NO. 86�- .}4; 1 . AN ORDINANCE AMENDING SECTIONS 18.146.010, 18.146.020, 18. 146.050,50 18.100.110(C), 18.66.080, 18.144,020, 18.60.040(b), 18.62.030(1)(E), 18,68.030(1)(B), ( ), 18.70,030(1) C), 18i64Y430{1)(Ey, 18.66.030(1)(E), j 18.72.030(1)(D),18.104, 18.80.01.5(c), 18.84.040(a), 18.114,130(c)(2)(A) OF THE COMMUNITY DEVELOPMENT CODE AND POLICY 7.1.2a.2. OF THE, FINDINGS POLIC ; AND ( '� IMPLEMENTATION STRATrGIES DOCUMENT -�fi�rP �-S�Sp ;4:2,/,s----,5;0-"'",,,,,'.;_ ,..-; III WHEREAS, the City of Tigard finds it necessary to revise its ` Community a' Development Code P periodically tä improve theoperation and implementation of1111 the Code; and , WHEREAS, the Tigard City Council has reviewed the Community Development Code and has adopted the same; and WOEREAS, The City of Tigard Planning Commission held public hearings on the proposed changes on December 3, 1985; and. • WHEREAS, the Tigard City Council held a purr' is hearing on the proposed change on January l.3, 1086 THE CITY OF TIGARD ORDAINS AS FOLLOWS SECTION 1; The Community Development Code° shall be amended as shown in Exhibit "A'' attached. Language to be added is UNDERLINED, Language to be deleted is shown in f8RACKETS]. SECT 1:.ON 2: That this ordinance shall be effective on and after the 31st day after its passage by the Council, and approval by the Mayor. PASSED; S C.1.t'tca,.+;..t i Vali, ' Sy vote of all Council members present after being read by number and title only, turas /e5ll day of P �Ifi�-t��� ► 198b. Y ,,,° , ,, ,,i.0‘.) - oreen. 'R 4 Wi is n, beput.y Recorder APPROVED:.' This + , r'� , day of /-e„ rt . i- ,,. 1T986K` i - ' -6/.;:ie4 a N, /Y' 'o n'-E.. Cook, Mayor (2,346P) , ''° +. .. ORDINANCE RDINAN `N Oi 86 44 y Pagel i • EXHIBIT "A" c 18,146 ' FLEXIBLE SETBACK STANDARDS FOR DEVELOPED LOIS [18,14 .010 Purpose The purpose of this Chapter is to provide for the reduction of the front, rear and corner side yard setback area where such a reduction is necessary to enlarge an existing single family residential dwelling.] 18.146.010 Purpose The purpose of this Ch pte,- is to provide for the reduction of yard s;_tback areas mlhore a reduct .on is necessary to enlarge an existing struc'ture. [18,146.020 Applicability The provisions of this Chapter shall apply to the R-3.5 R-4.5 and 'R--7 zoning districts.] 18.146.020 Applicability. The provisions of this chapter shall apply to additions to existing buildings in all zonnq_distr'icts. [18,146.050 Approval Criteria (a) The frond rear or corner side yard setb-Rck areas may be reduced to 15 feet provided the followingstandards are sa'tisfied: (1) The reduction of the setback area established by the , applicable zoning district shall be necessary to allow for the enlarrement or eremodeling of an existing single family residetitiu,l dwelling;, (2) The garage shall satisfy the setback requirements of the applicable zoning district; (3) The standards of Chapter 18,102 (VISUAL CLEARANCE) shall be satisfied; (a) The maximum lot coverage shill 'not exceed the aximutil lot coverage of the:'base zone; and (5) The rear property line shallwithsite be landscaped obscuring .lantin s in accordance with the standards set firth it 18.100 (LANDSCAPING AND SCREENSNC).r. . , ORDINANCE NO. ,g.e 18,146.050 Approval Criteria The front, rear, side and corner yard and through; lot setback requirements inthe_ applicable zone may be reduced up to 20 percent provided the following standards are satisfied: (1) The reduction of ,the setback area established by the applicable zoning district 'shall be necessary to allow , for the enlargement or remodeling of an existing building. 2) The garage setback to the front property line __shall. satisfy the requirements of the applicable zoning district; (3) The standards of Chapter ' 18.102 (VISUAL CLEARANCE) shall be satisfied. , (4) The resulting lot coverage shall not exceed the maximum • • lot coverage of the base zone , (5) The proposed addition shall not encroach upon any existing easements; (6) When the proposed addition is within the rear yard, the adjacent to the rear property line shall be lanis,oaped i with sight obscuring plantings i,i accordance with the standardsst forth. in _18. 100.080 (LANDSCAPING AND ... SCREENING); and_ { re u i reme � �?� Setback, buffering and � g screening nts . :that F apply when' commercial, and industrial zones abut __a residential.,zone shall be satisfied , 18,100.110 [(c) Screening of Swimming Pools,s All swimming pools hall e enclosed with a 4-1/2 foot fence surrounding the poolwhen the pool is greater than 18 inches deep, Fences shall have a self—latching gate ] (c) Screening_ of Swimm1n_ Pools A11 swimming pools shallbe enclosed as required by Chapter 14.2c of the...Tigard luncipal Code 18,664080 (1) Civic Use Types (J)y Religious Assemblrk OR1)1NANt,E NO. 116.-e'' page ; r t , ) i8,144.020 Definition Accessory structure means a subordinate structure located on 1 the lot, the use of which is clearly incidental to ant associated with the principal, structure, Where an accessory structure is attached to the principal structure, in a substantial manner, as by a roof, such accessory structure shall be considered as 'a partofthe principal structure. Examples o!' accessory structures are barns, garages, carports, playhouses, sheds, [kennels for domestic animals], private greenhouses, gazebos, storage buildings, boat houses and docks, wind generating , devices, swimming pool pump houses, and radio and television receiving antenna towers and dishes, 18.60.040 (6) [Parking Services] Parking Facilities 18.62.030 (1.)(E) [Parking Services] Parking Facilities 18.64.030(1)(E) [Parking Services] Parking Facilities 18 66,030 (1)(E) [Parking Services] Parking Facilities 18.68.030_(1)(B)�( )(B) '[Parkng :Services] Parking Facilities • 18+70..080 (1)(S) [Parking Services] Parking Facilities 18.72,030(1)(0) [Parking Services] Parking. Facil£ties 18.32,120(a)(1)(S) All owners; of record , within 2S0 [100] feet of the ° property; . [18104 FUEL TANKINSTALLATIONS All abovefuel tank instal (a) groundions are prohibited, F j gib) Underground fuel tanks may be installed in all districts Provided', • is Ot 1 1 i ANtlE NO. 86- page 6 Page 4 • (1) An application for a Conditional Use Permit shall be approved by the Hearings Officer in accordance with Section 18.32,160 prior to installation, (2) Application for a Conditional Use Permit shall be accompanied by a signed, approved' document from the applicable fire district.] 18.104 FUEL TANK INSTALLATIONS 1 JJe1,010 Purpose The purpose of these regulations is to guide the installation of stationary fuel tanks within the • City limits in residential, commercial and industrial zones. 18.104„020 Definitions ( Tank shall mean a ve:sel_ containin more than 60 U.S. gallons: (b), Container shall mean any can, buckat, barrel, drum or portable tank (except stationary tanks), tank vehicles and tank cans. (c) Fuel shall mean kerosene or any hydrocarbon oil or liquified, etroleum as co 3 standards. p �� nforminq to nationally recognized Hydrocar•bo,n oils shall 1 have a flash point of not.. less than 100° F. 18.104.030 Applicability The provisions of this chapter sha_ll apply to all new and existing development in all, zoning districts, These provisions shall not apply to non—standard fuel containers. x .104,040 Requirement: (a), All stationary containers, tanks, equipment and apparatus used or intended to .be used for the stora°a',t _handling, useor sale of flammable or combustible libuids ov fuels shah be of ' an a.•roved t .e as .er the. Uniform Fire Code, mall tan (b) � Its .os: containers, with capacities r Etre U.S. .gallpr�s . or less, used ..or intended to be used _fo move-Ygt^ound storage of,resxti den .al or home heating fuels ,are permitted all districts when they conform to the standards and requirements of. the Uniform Fire Code and local fire district ,i requirements., (c) Installation of a11 fuel tanks with _ ca•acities -reaterthan bU 1 ,8gallops shall be prohibited .,above round' in all u districts OtDtNANCe NO, 86 Page (11 Specific concerns of tQnk placement on a site with respect to ( topogr�a c= l conditions barricades, walls, buildin exits, proximity to buildings or adjacent properties tank construction and storage permits for Class I, II, and III liquids shall be addressed prior to the time of building code permit approval andssite development review, (where miapplicable), and shall conform to all requirements of tt'e III Uniform Fire Code and the a.•licable fire district. , � 18 80.015 The Process ` • 0 The Planned Development Overlay Zone shall be processed sed i'n under the provision of the same manner as a zone change. Section 18.32, Administrative Procedures except in ' this situation where zone change is part •of a legislative rezoning, In the case of an existing Planned Development overlary,_ zonefor ae . or site subdiv�.sa.on, _ conditional use . development review application, the proposal _ _ hall be reviewed by the Planning Commission. _In the case of an, existing Planned Development overlay zone for any other type of a..lication the a+.lication shall be reviewed under the provisions required in the ' chapters which apply to the particular land use apiplication. a 18,84,040(a)(5) The land form alteration or development plan includes a • �athwa i pedestrian/bicycle n accordance with the adopted , pathway pedestrian/bicycle pathway plan; unless the construction of said,saidpathway is deemed by the Hearings_Officer_as timely. 18.84,040(a) t . The land within the 100 ear flood .lain boundary shall be dedicated to the public, 18.11.4,13O(c)(2)(A) [Allowable Area, Wall signs, including illuminated reader boards, may be erected or maintained but shall not exceed in gross area 15% of the building frantage occupied by the tenant), 13.114.130(c)(2)(A) Allowable Area. Wall signs, including illuminated reader .. not exceed in boards, may_ be erected:... or maintained but shall -rocs area_25%. of the .total area of. the wall face_upon which the signis attached.• Volume Two Findings Policies and Implementation strategies /41,2.a.Z [PUBLIC SEWER (NEW DEVELOP MENT ON SEPTIC TANKS SHALL NOT BE ALLOWED WITHIN THE CITY); ANDS; PUBLIC SEWER ,SHALL, BE REQUIRED NDEVELOPMENT,WITHIN ..TE i�. �_ CITY UNLESS THE PROPERTY INVOLVED IS OVER 300 FEET FROM A E SEWEP$; MT R LINE..- AND WASHINGTON CCIUNTY HEALTH �? �1�E APPROVAL FOR A PRIVATE DISPOSAL SYSTEM. 18 ODTAI\J O AND: (2346P) d 1INANEL NO'. 86— 'Pag eta • 0 pUBLIC HEARM �- COMPREHENSIVE PLAN AMENDMENT ` ' �� . ..� CPA 15-85 ZONE ►, r 1D' 3RD_._ XN NCE AMENDMENT ZOA 9-B a t ., , ,' comprehensive Plan Amendment to review Policy 7. 1.2 of the Findings, • g policies, and Implementation Strategies document. Also, for a Zone it,,I , Ordinance Amendment to review proposed changes for the following .�, Development sections of the Community r.,ode ..',; ,, ' ' 18. 104 Fuel Tank InstLa lat ions ' 18.146 Flexible Setback Standards for Developed Lots .. 18. 100.110(c) Screening of Swimming Pools ' 18.66.030 Add religious assembly as a permitted use k, 18.32. 130(a)(1)(B) Procedures for Decision Making : Quasi--,Tudicial ,: , . ,, 18.144.020 Accessory Uses and° Structures L% 18,80.015(c) The Process (Planned 1, xr '►; 18.114.130(c)(2)( ) CommerciF.:i1 zones (wall sign area) 1� P " 18,84.040 (a) Approval Standards *X ° ' 18.60,040 change "parking ,lerv�ices" to "parking facilities" ', 18.62.030 �► ,t18.64 030 " pp +► pi , t ''1 nI► III II ii 18.66.030 10 ►► ei u tip,, 18 68,030- 1 8,034 ;, -1 18.70.030 "► i► ►► I► i 18,72.030 ii it ii pi ..w ,, a Public Hearing Opened AN . E. b. Senior Planner Newton explained each proposed change to Council .' 1.. and asked for direction in those areas where staff recommendation i and Planning Commission action differed, . 4 r.. Public Testimonyt No one appeared to speak. a is a d, Senior Planner Newton recommended approval with direction from ! eni ` i' Council on areas not agreed upon by staff and Planning commission, r t,,' e Public Hearing Closed 't:' r. Motion by Councilor Brian, seconded by Count i.ir�nr Edwards to direct i :. staff to prepare ordinance for adoption as set out in staff memo z, 7,- with the following clarification: 18.32,130 (a)(1)(g) require /\ notification of property owners within 250 feet of the site and that 18,114,10 (c)(2)(A) have language included which would allow .'-, walls with varying, or staggered, wall face, to be able to use ' ` ^f more than one face to compute the sign covera:e area. It was �' suggested that language be added which would limit the coverage of ,.. + the total wall area one st��gg .eed face to no more than 50� of �Y ,m. Approved by urpanimous Vote of Council present. W! STi2EE 8STANDARDS POLICY DISCUS'gZON Senior Planner W'ewton stated staff would. need additional. time to, study the policy issues regarding streets standards. Staff wt currently has A request for Davidson' s property on the corner of , A Walnut Place and 051W for a sidewlk variance. since Council does nut have a policy regardintl these requests, she requested / dIr ,,tion from Council on this issue COUN IL Ml»NU1 E8 °- I NUARY 14, 1986 11 4^i ° Agenda Item 5.4 MOI*Z(INC)�7M CITY OF 'T IGARD, OREGON TO; City Council January 3, 1986 FROM Keith Lid en t...N SUBJECT: Zone Ordinance Amenc PntZOA 9-85/Comprehensive Plan Amendment CPA 1.5-85 The Planning staff prepared a package of proposed amendments to the Community Development Code and the Comprehensive Plan', The Planning Commission reviewed the amendments at its December 3,, 1985 hearing, The Commission either endorsed the changes as proposed or recommended modifications. The following amendments were recommended for approval by the Commission as prepared by staff. Community Development Code r pp, 295 18.3.418.146 �Flexible Setback Standards for Developed Lots This change is intended to expand the flem,ible setback standards for use in all residential, commercial and industrial zones. The sole 'exception would be where commercial and industrial zones abut residential zones. 18.146 FLEXIBLE SETT8ACK STANDA ':DS FOR DEVELOPED LOTS 18.146,b10 Purpose " The purpose of this Chapter' is to provide for the reduL tion of yard setback areas, where a rcu`:x..t .,' is necessary t.7 enlarge al existing structure, 18.146.02!) o plicabili The provision's of this chapter shall apply to additions to existing buildings in all zoning districts 18.146,050 Approval Criteria The front, rear, side,. and corner yard and through lot setback requirements in the applicable zone may be reduced up to 0 percent provided the following standards are satisfied Page d .� (1) The reduction of the setback c�rha established by the c pp1,it;ethIto ,Jurl1rtj d1 �Lr i.r I sh,'+l I ho r1F't t+ssory to 4110w ror Lho onl cr9omor,L or r'omodol ing of 4n ox1 ;<►... .ric hot ldi" ; (2) The garage setback to the front property line shall satisfy the requirements of the applicable zoning district; (3) The standards of Chapter 18.102'(VISUAL CLEARANCE) shall be satisfied; (4) The resulting lot coverage shall not exceed the maximum lot coverage of the base zone; (5) The proposed addition shall not encroach upon any existing easements; ' (6) When the proposed addition :►5 within the rear yard, the adjacent to the rear property line shall l be landscaped with sight obscuring plantings in accordance with the standards set forth in 18.100,080 (LANDSCAPING AND SCREENING); and (7) Setback, buffering rtnd screening requirements that apply when commercial and industrial zones abut a residential zone shall be satisfied. All other sections shall remain unchanged . p 174 18.100,110 (c) Screening of Swimming Pools All swimming pools shall be enclosed as required by Chapter 14.2.0 of the Tigard Municipal Code. The intent of this chance is to ensure that landscaping and screening standards conform with Section14.20 of the Tigard' Municipal Code. which discusses swimming pools„ specific standards for height, setbacks for screening or fences are established. p, 107 18466.080 Add Religious Assembly as a Permitted Use, This change adds religious assembly to the list of uses permitted outright, in the Central' Business C�3 (CBD). ) District p. 280 18,144,020 Accessory Uses and Structures This change shall delete °kennels for domestic animals" from the definitions list for accessory uses{. It is intended to clarify the meaning of keiinci' by disallowing cothmercial kennels as an accessory use P qe l p. 99 18.60.040(6) D;fete "parking services p, 101. 1 f;.(il o30(i )(f ) v.p1,4,r,o with "p,Ar<inci p, 1044 18,6/1 ,010(1)(E) f,ar i 1 i 1.i os" 1'hic:+o t.h,•tnyi'' p. 107 18.66.030(1)(E) clariry the intent or the Code 113 18.68.0301 B) P' bychanging ' wording ( n the or�d'r p. 116 18.70.030 c 1 ( t ) p, 119 18.72.030(1)(D) comprehensive Plan FINDINGS, POLICIES AND IMPLEMENTATION STRATEGIES DOCUMEN"I.. P. 42 7. 1,2. a, 2. PUBLIC SEWER SHALL BE REQUIRED VOR NEW DEVELOPMENT WITHIN 1"HE"CITY UNLESS THE PROPERTY INVOLVED IS OVER 800 FEET FROM A SEWER LINE AND WASHINGTON COUNTY HEALTH DEPARTMENT APPROVAL FOR A PRIVATE DISPOSAL SYSTEM IS OBTAINED AND • The present plan policy is not, consis :ent with a City/U.S.A. agreement (Oris, 84-58) which allows for Levelopment without public sewer if the sewer line is over 300 feet away, The Commission recommended changes or additional information regarding the following amendmPris to the Community Development Code. p, 44 18 32.130 (a)(1)(S) Orocedures for Decision Making: Quasi—Judicial Notification of property owners within a certain distance in feet from thero ertin p p y question wa,1). �,e determined by the nature of the planning action: 100 Feet 250 Feet Accessory Uses Com rehensive Plan Amendment Flexible S et`bactts Conditional Use Home Occupations Planned Develop n e t Lot Line Adjustments sensitive Lands Minor Land Partition Sign Code Exception Site Development Review Subdivision Temporary Uses Zone Change Variances Thichange,s is intended to require a Notice to all property owners of record within the distance specified for, a given planning action and_not, as previously required, a "blanket" 250 feet, The Commission recommended that a 250 foot notification be used forall r pp ications. The staff does not .aree a 1 ,1 primarily because use increased the increased staff time and expense related to the m&&ling .c f the notices. page ( w p. 179 18. 104 Fuel Tank Tnstallation thi :> t:{ 4irtcao Is 1r. 4i .biro: L.' uuponLho d ,f`i.rtit,ion thy �.�t F��r�.7�. of and standards pertaining to fuel tank, and their installation. It is also intended to expand references to fuel tanks to residential, commercial, and industrial zones. 18.104 FUEL YANK INSTALLATIONS' 18.104.010 Purpose . The purpose of these regulation is to guide the instatllation of stationary fuel tanks within the City limits in residential, commercial and industrial zones. 18.104.020 Definitions (a) Tank shall mean a vessel containing more than 60 U.S. gallons. (b) Container shall mean any can, bucket, barrel, drum or portable tank v (except stationary tanks), tank vehicle and tank tans. ' (c�) Fuel shall me- kerosene or any hidrocarbon oil or liquified petroleum gas cr;iforming to nationally recognized standards Hydrocarbon oils sh:tll have a flash point of not less than 100°F. 18,104.00 Applicability The provisions of this chapter shall appl 3 toall new and existing development in all zoning districts. These provisions shall not apply to non—stationary fuel containers. 18,104.040 Requirements (a) All stationary containers, tanks, equipment and apparatus used or intended to be used for the storage, handling, use or sale of flammable or combustible liquids or fuels shall be of an approved' type as per the Uniform Fire Code. (b) Small tanks or containers, with capacities of 60 U.S. gallons or le, ss, used or intended to be used for the above—ground slot age of residential or home heating fuels are permitted in all districts' when they conform to thestandards and requirerne. ts' of the Uniform Fire Code and local fire district requirements w, (c) Installalion of all fuel tanks with capacities greater than 60 U.S., gallons shall be prohibited above—ground in all districts. (d) Specific concerns of tank placement on a site with respect to topographical, conditions, barricades, walls, building exits, proximity to buildings or adjacent properties, tank construction and storage permits for Gast: 4-i, ii,; nd; Tl liquids shall ,be addressed prior �P to the time ,,0f building code permit approval and site development review, (there applicable), and shiitil conform to all requirements of , the Uniform sire fade and the, applicable fire ` district. Page 4 r 410 (e) All underground fuel. tank and above—ground stationary fuel storage containers maty bt in gill od in ail di ()tri, t5 prov$do . (i) All Pug). Lank 1rist:r.l.l. tLiore. try: k, r p;riowc'd ,:trtd ,:tppruvod by Iho 111 City Building Inspector. (2) Application for the necessary permits from the City Building Inspector shall be accompanied by a 5xryr-- ;, approved document x from the applicable fire district. The Commission had questions relating to the definition of "hydro—carbon II oil" and it was suggested that any input from the fire districts be incorporated. "Liquified Petroleum Gas" has been added. Tualatin and Washington County Fire Districts have reviewed., the proposal and have no r objection p. 12218.60.015(c) Tho Pr('_ess (Planned nr.!velopment) Adds the following' wording to section (c) : "In the case of an existing Planned Development overlay zone the Rpplicant may choose to have a land use application reviewed under the provisions of this chapter or to employ the review procedure required in other chapters which appi to the pari icular land use application The Commission recommended that subdivision, partition. conditional use. and site development review proposals be reviewed by the Commission when the (PD) Planned Development) overylay applies. The staff concurs with this recommendation with the retention of partitions as an administrative review procedure. p• 147 18.84.040(a)(5) Approval $tandard'.s for Sensitive Lands Add: ". . .adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely." There are situations when construction of a path is not °�propriate particularly when it would become an isolated strip with no legal access. The Commission suggested that a bond be required for the improvements wheh installation is not practical at the time of approval. p, 148 13.84 040(a)(7) Add New Dect on; "The land within the 100 year flood plain boundary shall< bie dedicated to the public.0 This addition makes the Code consistent with Policy 2.2.d. of the Comprehensive Plan The Commission recommended referring to "land remaining within the 100 year flood plain tw and staff agrees. p. 222 18 M 11:4.130(c)(2)(A) Wail Signs in Commercial Zones 'Allowable Area* Wall signs, including illuminated reader boards, may be ''. erectedOr mt,, ..stained but shall not exceed in gi.oss area 15X of the total area of the wall face upon which the sign is attached4 page A This change is inw rnd�d to clarify the term "building frontage" as �e prosent 1 y used. The commission felt the proposedmodification was appropriate, A question was raised as to how "Jail facer, would be interpreted in the case of building design were the walls l ,a staggered and two or more separate m sections face the same direction. The staff would propose that each wall. section be treated as a separate 'wall fact'". (KSL•bs/2289P) • Page + rsztra,e,,,,,,,- «/" l . ` T " n . ,, :M' WASHINGTON COUNTY FIRE DISTRICT .'. ,� ,fi <o�,e �. `,. "` rh ,r• '20665 S.W. Blanton St 0 Aloha, Oregon 97007 *503/649-8577 December 9 , ' 1985 4 D L. 11 '198 CW" IGARE Mr. Keith Liden Senior Planner City of Tigard P 0 Box 23397 a Ti gard , OR 97223 Dear Mr . Liden , Thank you very much for your memorandum of December 5 and the I��lU4uofttheoT comment Commun�t proposed revision P to Chapter C� have exam i ned the suggested , 9 y Development code I � �g seed cha��g�s very carefully� and ind them to be Y fullycom fti bl e with the regulations ati ons of this� �'' g Jurisdiction. Accordingly, we have no objections to their enar;tment. fl . It is my hope that you find this letter of endo sement of some assistint.�e , Please let me knw if I can be of seY4 .ti'ce in any 'rt ether way. Sincerely, • 1. IASN M- TON Ca NTY ,' RE DISTRICT NO , 1 1 l ger 'a firer ' re Marshal . ,I s e STOP "�SAVES Pi CIWOFTG4RD 'T1RI) FA MEMORANDUi WASHINGTON COUNTY,QTTEGON TO: Washington County Fire District Noo 1 December 5, 1985 FROM:. Keith Liden, Senior Planner RE: Revision of Chapter ]x..104 of the Tigard Community Development Code The present Chapter of the Code (enclosed) discusses City regulation of fuel tanks as a conditional use, but the Chapter is unclear and does not define fuel tank. The 'proposed Chapter defines the terms used and does not require conditional, use review. Cityconsider all recommenc'.ations regarding this The Council willamendment at a hearing tentatively scheduled for January 13, 1986. If you have atly ions t s' , please don t he�itate' to ca11 uE.st 'me. ... 12755 SAM ASH P.O.BOX 2589 TI Aflt 4.OREGO 97 25 PHK 0894171 . r � n N4 lr1t1111114i it 7\ CITYOF TkARD MEMORANDUM WASHINGTON COUNTY,'OREGON TO: Washington County Fire District No. 1 December 5, 1985 FROM: Keith Liden, Senior Planner RE: Revision of Chapter 18. 104 of the Tigard Community Development Code The present Chapter ,,,rf the Code (enclosed) discusses City regulation of fuel tanks as a conditi-Jnal use, but the Chapter is unclear and does not f r define fuel tank. The proposed Chapter defines the terms used and does not require conditional use review. The City Couticil will consider all recommendations regarding this amendment at a hearing to tatively scheduled for January 13, 1986. If you have any questions, please don't hesitate to call me., 40 at .. a 1 ,ewu„M'"^ .aY t,.v.♦ro •V.._., ..r ;m,y ruw.�_ W; fin. u ^h C,«,s«.rte j W t" t 1 756 S,VI1.ASH P btC ,. a. X 23397 YIGAHIJM OREGON 97225 PH:6394171 -- Agenda Item 5.4 PLANNING COMMISSION December 3, 1985 MEMORANDUM! CITY OF TIGARD, OREGON TO : Planning Commission November '26, 1985 FROM: Deborah A. Stuart, Assistant Planner SUBJECT: Item 5.4 Zoning Ordinance Amendments ZOA 9-85 Comprehensive Plan Amendment CPA 15-85 The following sitotald proved a brief explanatcrt for proposed changes of the Community Development Code: p. 179 18.104 FuelTank Installation The purpose of this change is to elak,orate upon the definitions and: standards pertaining to fuel tank, and their installation. It is also so intended to expand references to fuel tanks, to residential} con,tmercia"l, and industrial zones. „'. 18.104 FUEL TANK`INSTALLATIONS • 18.104.010 Purpose The purpose of these regulation is to guide th`e installation of stationary fuel tanks within the City limits in residential, commercial, and industrial zones. 18 104.020 Definitions / (a) Tank shall mean 1 « a �� � containing rethan dO ,s Dn ; (b) Container sha � m � y an cs bu k t h ,„ arreldrum or portable tank (except stationa`r°y tanks), tank vehicles and tank cans, (c) Fuel ' shall mean kerosene or any hydro-c%xrbon oil conforming to nationally recognized standards and having a flash point, of not less. than 100.r 18.104,.080 Applabilit The provisions of this chapter shall apply new and Theserov'sio all shall not apply existing development in all zoning districts, p � n aPi� y non-statidllitii`r fuel containers. ZOA 0-85 / CPA 1S--85 - Page l 18 X04.040 Requirements (a) Al]. stationary containers, tanks, equipment and apparatus used or intended to be used for the storage, handling, use or sale of flammable or combustible liquids or fuels shall be of an approved type as per the Uniform Fire Code. (b) Small tanks or, containers, with capacities of 60 U.S. gallons or less, used or intended to be used for the above-ground storage of residential or home heating fuels are permitted in all districts when they conform to the standards and requirements of the Uniform Fire Code and local fire district requirements. (c) Installation of all fuel tanks with capacities greater than 60 U.S. gallons shall be prohibited above-ground in all districts. (d) Specific concerns ncerns cry'' tank placemer)., on a site with respect to topographical conditions, barricades, walls, building exits, . proximity to buildings or adjacent properties, tankconstruction and storage permits for Class I, II, and III liquids shall be addressed prior to the time of building code permit approval and site development review, (where applicable), and shall conform to all requirements of the Uniform Fire Code and the applicable fire P district. (e) All u(ider-gound fuel tank and above-ground stationary fuel storage containers .:gay be installed in all districts provided. (1) All fuel tank installations must be reviewed and approved key the City Building Inspector« • (2) Application for the rc essary permits from the City Building Inspector shall be accompanied by a signed, approved document from the applicable fire district. p ' Standards for Oerteloped Lots. L�5 8.�.4� Flexible Setback This c ,nqe i;, untended to expand the flexible setback sAtandatds for use in a residential, commercial and industrial zones. The sole (r exception wo . . be where commercial and industrial zones abut residential zones, 1 18.146 FLEXIBLE: !_.-1 TBACK STANDAR° 1".1VELOpQ LOTS I 18.146.010 Purpose '^ } " The othisChapter se of p ,p. is to Ovide for the' reduction of yard setback areas where a, reduction `s necessary , to enlarge an existing structure :1.8.1464020 ;, A licahilri�+t , I`he provisions or ..this chapter shall appl.; to as it.ions to • existing buildings ttt all zoning districts ZOA 9-85 / CPA '15-85 - Page I '1104 ti , 18,104 FEL TANK INSTALLATIONS (fr (a) AU above ground fuel tank installations are prohibited. (b) Underground fuel tanks may be installed in all districts provided: (1) An application for ,a conditional use permit shall be approved by the Hearings Officer in accordance with Section 18,32 160 prior to installation, 1,11 pp (2) ions . use permit �' ►��l be Application for a candit > accompanied by a signed, approved document from the , � ► �L�`� applicable fire district � 179 OFFICE USE ONLY NOTICE OF PROPOSED ACTION LCDC FILE • TO: DEPARTMENT OF LAND CONSERVATION & DEVELOPMENT: 1175 Court Street N.E. Sal em, Oregon 97310.0590 Action: (Check al 1 that a.pr1 x Aottprehensive . , • New Land Use . , .d,.r.o.=... " ., e l ati on 41,0,1 R qu Flan`Amend�aesit R� � , Amendment .....,r.,.. DATE: //.01 FROM: -TI (City or County LOCAL F'IL. 't = • p DATE' SET FOR FINALOPTION:_, ,, / '/5' -,-"--'--` -' ARINGONAD (Note: Notice must be received in Salem a.t)eas 4. days pr�:Qr `:e final hearing. This date must be provided when filed at OLCD because provisions for comments are tied to the date of final hearing). TIMEAND PLACE FOR NEARING: . /A//5/5 1� ��J Crvv'a i©i►J / /45 � _ efez_ (1) SU??IARY AND PURPOSE OF PROPOSED ACTON: iee)f)irk) -1/.6/101? 9OI-I19 7 / 11- �IU_ N W' 'I t 1 E' 1:- O; # `teP ` e,c 41,45,06,1/4) • f• a. Size of Affected by ocati on Qf Affete:d Area: (2) List Statewide 'Goan s wh ch maY aopl taa fihe �roocs a1• ... y rU rl�rrwe„ur�l�mrlwa�,r,rlirwi mariu�slrM (3) List an- s _tate: era or federal encs es 10cal overment or 1.ocat spec a ..serer Cis zttatc ma a rirestd tt o _ a .. + tte �osaj �, „glr•r• All 41• 3 Direct cluest4 ons and Comaaetits tai (phonic) Z Address: ;fir ►.. ��,�,� . ,� . f , � ,� ♦ t ,.: .... ..._,.. 4444., ..w e a9 * .1' . 62068/18C w 4444_ PLACE UNDER CI "Y OF TIGARD LOGO The following will be considered by the Tigard Planning Commission December 3, 1985, at, 7:30 P.M, at Fowler Junior High School Lecture Room, 10865 S.W. Walnut, Tigard, Oregon, Further information may be obtained from the Director of Planning & Development at 1275 SW Ash Avenue, Tigard, Oregon 97223, or by calling 639-4171, PUBLIC HEARINGS REVIEW APPLICATIONS FOR APPOINTMENT TO NEIGHBORHOOD PLANNING ORGANIZATIONS (NPO) PLANNED DEVELOPMENT PD 4-85, CONDITIONAL USE CU 5-85, VARIANCE V 18-85 NEAL D. CONSER NPO ,#' b a Request to develop a storage center of mini warehouse as a conditional use on property zoned C-G(PD). Also, for a variance to reduce the 4b off-street parking requirements from 93 to 4-. .spaces,, Located: 15700 SW Pacific Hwy. (WCTTM 291 1OD, lot 1800) COMPREHENSIVE PLAN AMENDMENT CPA 15-85 ZONE ORDINANCE AMENDMENT ZOA 9-85 byCityTigarda Comprehensive Plan Amendment to A request the of for review Policy 7.1,2of the Findings, Policies, and Implementation Strategies document. Also, for a Zone Ordinance Amendment to review proposed changes for the following sections of the Community Dene .". ment Code: 18,104 Fuel Tank Installations 1.8,146 Flexible Setback Standards for Developed Lots 18.100.110(c) Screening of Swimming Pools 18,66.030 Add religious assembly as a permitted use 1.8,32.103 (a 1 B { )� ) Procedures for Decision Making "quasi.-Judicial. 18. 144,020 Accessory `ise.s and Structures 18,80,015 The Process (Planned Development) 18.114„130(c) Commercial zones (wall sign area) 18.84.040 (aApproval Standard., 18.60,040` change parking servicesrt "Parking Parkin facilities' 18.62,030 !! !! tt 18,64,030 i! ri rr tt 18.65,080 t! 1868 w030 i! t` tt { 18,70•030 li u 18 72,080 n nii 2147P dm)" . TT PUBLISH i1-/1-85 66 / r /Ik 1 . 1 a 6 '- ----/ REQUESTS .FOR COMMENTS TO: __ - - I ".` . DATE: 9/11/85 r FROM: Tigard Planning Department RE: CPA 13-85 & ZC:5--85 Request by U.S. Creditccrp for aComprehensive Plan Amendment 'from,Medium Density Residential to Medium High tensity Residential and a Zone Change from R•-12 to R-25 on property located at 10485 SW North Dakota St. ( TCTM 151 34DA lot 100). • Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will. be preparedrendered on the proposal p in the near :future. If you wish ando comment on this application, we need your comments by St. 23 , 19 85 You may use the space provided below or attach a separate letter to return your comments. If you acre uble trespon nad b above date, please phone the staff contact noted _below with your comments and )0conftrm your clmments in writing as soon as possible. If you have any, questionsregarding this matter, contact the Tigard gard Planning Department, P.O. Box 23397, Burnham and Ash Ave., Tigard, OR 97223. Phone: 639-4171. STAFF C30N°fACT. Keith 'hiders �G, �� ���:r ice: � t�"f • ti [• < PLEASE CHEcg THE FOLLOWING ITEMS THAT APPLY: t L_ } S EP 31985 We have reviewed the proposal and have no objections to 1t Please of our offic � x��� contact rt } �.� 1 •Gn.,iE 'x 1 • �t� ��, ,rt1�... s L..R�;`«�1.N ,_.�. . Please refer to the enclosed letter. r~, iments: Written cour r.-- ... � 11�..�.r1�fYtIGiRP1Yl 1���..'tlr1�.�Y'.IMi.d�Yw�s•ii _: .. ........ .. .,-.:. ,.,. 'IA•AI�d1 A'1'I!' _. IAia i MAI.. NMme of Person Mnent .n6.1-: ,,,... t . Phone6,,,' Y- ....... j2 • (KSLIt p "0356P I August 23, 1985 This application is requesting a Comprehensive Plan Amendment from Medium Density to Medium High Density and a Zone Change ge from R-12 (Multiple Family Residential) to R-25 (Multiple Family Residential) on a 6. 38 acre land parcel adjacent to S. W. North • Dakota Street. Present zoning on the site would theoretically allow 76. 5 multifamily units. However, almost two-thirds of the site is within the Fanno Creek 100-year flood plain, where no development is allowed. The buildable area of the site (2. 35 acres) plus a 25,E density transfer allowance granted under the Tigard Comprehensive Plan 'or the area within the flood plain (4.03 acres) would actually allow about 40 units on this site under the present R-12 zoning. The requested zone change to R-25 would theoretically allow 84 units, which is only 7. 5 units more than would be allowed under the present R-12 zoning, if none of the site were in the 100-year flood plain. We are not necessarily suggesting esti that an 84 unit multifamily project is appropriate for this site. In fact, included with this application is a suggested site development plan showing how 64 housing units could be developed comfortably on the 2. 35 acres above the flood plain. This example plan demonstrates how building areas, parking and open space allocations may be treated for this parcel. The 64 units would create an overall density of 10 units to the acre, substantially less than the 12 units per acre allowed under the present R-12 zoning. Because of this configuration of the units, 8. 7% of the to'-al site is covered, by buildings, 13% by parking and carports and We theremaining 78. 3% of the site Is open space, recreation and walks. think is an excellent relationship and demonstrates that developments concentrating units within a relatively smallarea of a larger site can be done logically and can be aesthetically pleasing. This is an Ideal site for ted/um-high density housing because of the large amount cf greenway adjacent to, and included wtthin, &:he site. It is locat„'q near major highway collectors andis less than n 3/4 miler from �ash�ngtonSquare Neighborhood shopping is miles fromthe site. Public transportation is available less than 1/4 mile away on Greenburg Road. The site is, its* ►lf, bufferedfrom existing single, family housing to the west by a duplex development. Land to the north is largely in the 100-year flood plain and will act as a permanent buffer. Fanno Creek is the a stern boundary of this site. The creek and the flood plain in that direction provide a buffer from the Scut-herrn Pacific Railroad and industrial property further to the east. To the southeast, across the street from the site, is an five. businesses involved in heavy Equipment t. withh Metal fabric e t i on and other heavy Tial: pari metal, tank construction, a metal handling operations. Land directly to the south is underdeveloped 117 4 single family housing designated Medium Density Aesideatial and zoned -12. The buildable portion of this site is almost like an island. It is buffered from more intensive uses by Fanno Creisk and the greenway. The entire site, in turn, acts as a buffer between those more intensive uses and the single family housing to the west. Multifamily projects are traditionally used as buffers between lower density housing and other more intensive uses, such as commercial and. in' ustrial. This project would be no exception, as it would provide such a buffer. One intent of the City Plan is to maintain available housing on sites that are appropriate for higher density housing. Where • opportunities exist logicallymaintain higher density housing, which is appropriate, accessible, andwill provideamenities for the people who occupy these housing developments, the zoning processes shouldbe used to accommodate these opportunities. Nearly 93% of the Tri-County vacant residential land is zoned for single-family housing with lots greater than 1200 square feet. The Tri-County area has only 7. 2% of vacant land zoned for multifamily. If all of the multifamily zoned land is built to the maximum capacity of its designation (including additional density given as credit for flood plains, greenways, street dedication, etc. ) this will accommodate only .7%' of the projected multifamily needs to the year 2000 according tc vA-C.�.1N ` LAND 1gpY, 1978 by 1000 Friends of Oregon, An application for a Comprehensive Plan Amendment and Zone Change from, R-12 to R-20 was submitted by the previous owners of t ai property in 1983. it received a favorable recommendation from the Planning Staff and recommendation for approval from the Planning Commission to the City Council. Council initially approved the application, then remanded it back to allow f or input by NPO #7, which had glaied insufficient notification. The application was subsequently withdrawn by the property owners, due to their financial difficulties. • aI August 23, 1985 The following information is submitted' in response to the Locational Criteria for Medium High DensitT Residential contained .n Chapter 12 of the Tigard Comprehensive Plan, Volume 2 41) Areas which are not committed to low density development. This property 'is currently zoned R-12 and has •:..been previously- designated for Medium Density Residential. ' It is not an area which is committed' to low density development.. (2) Areas which can be buffered from low density residential areas 'in privacy order to, maximize the of established low density 4 residential areas. This site is suitable for higher density housing because of the . idea. buffering available here. The flood plain and floodway along Fanno Creek in the northerly and 'easterly portions of the g greenway and set aside for site are" d.esi Hated as public' use, 'parks,' bicycle pathways, etc. ' Fanno Creek, the east boundary of this site, is the ,division line from the Industrial Park area to the east. ilMultifatily housing traditionally is used as a buffer between industrial, office uses and low density, housing. } To the west, a duplex housing development already exist .r w to the south' i s zon6a to accommodate_ mediums density, housing, and across the street to the southeast' i s an existing heavy industrial park , Even in terms of traffic flow the site is ideally situated to allow anticipated traffic to be generated aw•ay, from the existing single family housing on the west, and toward Greenburg Road on the east (3) Areas which have direct access from a major collector or arterial street. a The primary servicing street W. North Dakota Street, which has immediate access to S. 'i.: Greenburg Road and is within close designated, proximity to the 217' Highway. system. Southwest North Dakota Street y i�, as a collector s�.reet„ .imr Its prRaccess to Gi eenburg Road, 0. i miles away, does not pass through a. residential area,. (!4 ) Areas rhith are not sub. ect to' development limitations p The �ia�ari,ty of the .The Subject site etas an, average sloe of � site is open. Sone 'trees are. located in a concentrated central. area above the flood plaint others alo �ahno Creek.: . k Augu ast 23, 1985 �'f The flood plain, which is an unbuildable a zea, does offer unique natural features which willan p provide asset to this development. A great amount of open space is availablc to the project. Bicycle paths and greenway will be available to all occupants._ The flood plain, while providing a limitation on wh .re buildings maybe located, is an asset in providing open space and buffering for the project. Since no building is allowed in the flood plain, densities in other areas can be increased by changing the zoning while still maintaining medium overall density and preserving g wildlife and the scenic areas within the vegetation, wildl greenway. (5) Areas where the existing facilities have the capacity for adliti,oral development. The subject site is adjacent to a 128 water main in S. W. North Da- kota Street which the Tigard Water District has stated has the capacity to service the siteservice �i � ser from the Fanro Creek interceptor runs through the property. The Tualatin Rural Fire District reviewed a previous appli cavi on for fire protection services and did not oppose the increased density for this site. southwest North Dakota Street will be improved to City standards along the subject site as part of its development. Police services, parks, library and general administrative services are available to the area. (6) Areas within oneuarter mile of q public: transit. The site is located about 0.15 miles �from S. W. Greer:bvrg load,, which currently is serviced by Tri-Met. (7) Areas within one quarter mile from neighborhood and general commercial shopping centersor business and office centers, This site is located adjacent to property designated for industrial park development. Within that zoning designation, professional offices, F;eneral offices and indu.tstrial, uses, are allowed. This area is not developed to capacity and more uses are contemplated. This project, therefore, is within one-quarter mile of b`usine��s and office centers. (8) Areas adjacent to either �r'i~�ate: or° public permanent opn (space; _ i The site is adjacent to and, in fact, includes part of the Tigard/Fat-Ino; 'Creek Greenway System. � t 7.1.2 TH1:` CITY SHALL REQUIRE AS A PRE-CONDITION TO DEVELOPMENT APPROVAL THAT: a. DEVELOPMENT COINCIDE WITH THE' AVAILABILITY OF ADEQUATE SERVICE CAPACITY INCLUDING: 1. PUBLIC WATER; 2 PUBLIC SEWER (NEW DEVELOPMENT ON SEPTIC 'TANKS SHALL NOT BE ALLOWED WITHIN THE CITY); AND 3. STORM DRAINAGE. foe t 17113.1Virvkao*S41.40 1,$)6, .5110544:r100 EWER SHALL BE' REQ 7.�..2 a, PUBLIC S REQUIRED FOR NEW DEVELOPMENT. 2`� •• INVOLVED IS OVER 300 FEET FROM WITHIN THE CITY UNLESS THE PROPERTY II�dVO�. s A SEWER LINE AND WASHINGTON COUNTY HEALTH DEPARTMENT APPROVAL FOR • A PRIVATE DISPOSAL SYSTEM IS ODTAINED AND: / • 1 - .I . . C1YOFTIARD WASHINGTON COUNTY.OREGON • • COMPREHENSIVE PLAN_AMENDMENT/ZONE CHANGE/ZONE ORDINANCE AMENDMENT APPLICATION • CITY OF TI GARDE 12755 SW Ash, PO Boy 23347 • Tigard, Oregon 97223 - (503) 639.4171 FOR STAFF USE 0 Y 1CASE • RECEIPT NO. APPLICATION ACCEPTED BY: DATE: ' 1. GENERAL INFRMAT Application elements submitted: P'LOPERTz ADDRESS/LOCATION i f: (1 AD (A) Application form (1) (B) Owner's1 signature/written TAI( MAP AND TAX LOT NO. authorization :' (C) Applicant's statement SITE SIZE (15 copies) PROPERTY OWNER/DEED HOLDE�� D Filing fee ( ADDRESS PHONE Addition-1 information for Compr a-' CITY ZIP sive Plan Map Amendments/Zone Changes APPLICANT* (E) Maps indicating property ' ADDRESS PRONE location (15 copies) CITY._. .�..,.�.. ZIP (F) P p List of ro F) erty owners �.�...., ....�.:,r:.. .,.,_ ..e._ *When the owner and the applicant are different within 250 feet (1) I peoples the applicant must be the purchaser of re.G d. (G) Assessor's Map (1) ;- leasee .� pt Nz ( ) , ( ) • ; from the owner, or an agent of the owner with in Possession with written author.izato�z H Tir.1e transfer instrument �`l ..itten $ 1 authorization. The owner(s) must sign this L ppF F id.ed. on page two or application on in the apace roY . yy sutamit a written authorization with this application. DATE DETER MINED TO BE COMPLETE: 2 PROPOSAL SUMMARY' The owners of record (if the� suhject property FINAL DECISION 'DEADLINE: • request aComprehensi„ re Plan Amendment (if COMP. PLAN/ZONE DESIGNATION: applicable) from to ., and a a�Or Change from to N.P.O. Number: • OR she, applicant' requests an amendment to the plaaning Coma ion Approval Date: gsections2 Coni rehensir: Plan ntnmun a m..n t �r ol�owin it�' �teloofeth�. Coder Y �"tY Crsuncil A °pp 1'ou1al Da tel: (, SL«pm/0737P') i 3. List any variance, conditional uses, or othei land use actions to be considered as part of this application: 4. Applicants: To have a complete application pP mpg you will need to submit attachments described in the attached information sheet at the time you submit this ' application. 5. THE APPLICANT(S)4 SHALL CERTIFY THAT: A. The above request does not y t n violate an . deed restr3.c�..io�►Q t}.a� may be attached to o1. imposed upon the sub ect property, B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of the above statements and the statements in the plot plan, attachments, and exhibits trasmitted herewith, are true; and the aPplii:.jants so acknowledge t'i`'at any permit issued, based on this application, may be revoked if it is found that any Ruch statements are false. lip D. The applicant has read the entire contents of the application, including Pr the policies and criteria, and understands the re nlrement:� for approving : 9 or denying the application. DATED this day of 19 SIGNATURES of each owner (eg. husband and wife) of the subject property. 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