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Ordinance No. 13-04 CITY OF TIGARD,OREGON TIGARD CITY COUNCIL ORDINANCE NO. 13-Q� AN ORDINANCE AMENDING THE TIGARD ZONING MAP TO INCLUDE EXISTING BOUNDARIES OF THE CITY'S ADOPTED PLAN DISTRICTS; AMENDING EXISTING TIGARD COMMUNITY DEVELOPMENT CODE CHAPTERS 18.600, 18.610, 18.620, 18.630, 18.640 TO ESTABLISH A UNIFORM NAMING CONVENTION FOR PLAN DISTRICTS AND CLARIFY WHERE THE REGULATIONS CONTAINED WITHIN EACH CHAPTER APPLY; AND CREATING TWO NEW CHAPTERS WITHIN THE TIGARD COMMUNITY DEVELOPMENT CODE TO BE KNOWN AS 18.605 AND 18.650 FOR THE PURPOSES OF ESTABLISHING APPROVAL PROCEDURES AND STANDARDS FOR PLAN DISTRICTS AND ESTABLISHING THE DURHAM ADVANCED WASTEWATER TREATMENT FACILITY PLAN DISTRICT. WHEREAS, the Tigard City Council directed Planning Division staff to prepare amendments to the Tigard Community Development Code pertaining to the purpose and approval procedures for plan districts generally, concurrent with the creation of a new plan district for the Durham Advanced Wastewater Treatment Plant located within the boundaries of the City;and WHEREAS, amendments to the Tigard Zoning Map and Tigard Community Development Code Chapters 18.600 through 18.640 would increase the legibility of the code to future users through the addition of maps and updated naming conventions;and WHEREAS, the purpose of creating 18.605 is to establish a clear purpose and procedures for the adoption and application of plan district standards within the City;and • WHEREAS, the purpose of creating 18.650 is to implement regulations appropriate to the unique history of the facility and that support the public interest in maintaining and further developing a regional wastewater treatment facility while minimizing off-site impacts to adjacent residential land uses and other public facilities;and WHEREAS,notice was provided to the Department of Land Conservation and Development at least 35 days prior to the first evidentiary public hearing;and WHEREAS, notice of the public hearing was performed in conformance with Community Development Code Chapter 18.390.060.D;and WHEREAS, the Tigard Planning Commission held two duly noticed public hearings on January 14, 2013 and February 4, 2013 and recommended with a unanimous vote that Council approve the proposed code amendment,as amended;and ORDINANCE No. 13-Q q Page 1 WHEREAS, the Tigard City Council has considered the Planning Commission recommendation; and WHEREAS, the Tigard City Council has considered the 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 determined that the proposed development code amendment is consistent with the applicable review criteria, and unanimously approves amendments to the Tigard Community Development Code and Official Zoning Map as being in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Council adopts the findings recommended by the Planning Commission as contained in the January 7, 2013 Staff Report to the Planning Commission,included as "Exhibit A" to this Ordinance. SECTION 2: Tigard Development Code (Title 18) and the Official Zoning Map are amended as shown in "Attachment 1 of Exhibit A - Durham Advanced Wastewater Treatment Facility Plan District Project Report and Draft Amendments – Planning Commission Recommendation of February 4,2013" SECTION 3: Council further adopts the background history, project issues, and commentary contained in "Attachment 1 of Exhibit A" as additional legislative intent for the corresponding code amendments. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. PASSED: By U 1"10.rinhtl�u� vote of all Council members present after being read by number and title only,this day of e — ,2013. Catherine Wheatley, City Recorder 44-1 APPROVED: By Tigard City Council this o Jday of ar-LOA H. Hchdepa3r� C.ounc-Li R,6<-idenf ORDINANCE No. 13- c)14 Page 2 Approved as to form`:l —4 ttorney Date ORDINANCE No. 13-_(D Page 3 Exhibit "A" Agenda Item: #5 Hearing Date: February 4,2013 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION = FOR THE CITY OF TIGARD, OREGON SECTION I. APPLICATION SUMMARY CASE NAME: DURHAM ADVANCED WASTEWATER TREATMENT FACILITY PLAN DISTRICT & GENERAL PLAN DISTRICT STANDARDS DEVELOPMENT CODEAMENDMENT CASE NO.: Development Code Amendment (DCA) DCA2012-00004 PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Development Code (IDC) and Zoning Map in a combined amendment package to adopt two new chapters and clarify the applicable boundaries of four existing chapters. The City proposes the adoption of Chapter 18.605 (Plan Districts) to provide approval standards for the adoption of future plan districts or the modification of existing and future plan districts. The City and Clean Water Services jointly propose the adoption of Chapter 18.650 to create a new plan district to govern future development within the 106 acre Durham Advanced Wastewater Treatment Facility (Durham Facility). The City also proposes text amendments to TDC Chapters 18.600, 610, 620, 630, and 640 to create a uniform naming convention and add boundary maps to provide clarity as to where the regulations apply; boundary maps to be identical to those adopted with the applicable chapters for illustrative and clarifying purposes only. The City also proposes corresponding changes to the official Zoning Map to add the boundaries of the Durham Facility Plan District and four other existing plan districts which are not presently shown. The proposed amendments for the Planning Commission's review are included in Attachment 1 and summarized below in Section IV of this report: APPLICANTS: City of Tigard Clean Water Services 13125 SW Hall Blvd. 2550 SW Hillsboro Highway Tigard,OR 97223 Hillsboro,OR 97123 ZONES: Chapters 18.600&18.605: Citywide Chapter 18.610: MU-CBD Zoning District Chapter 18.620: C-G&MUE Chapter 18.630: MUC,MUE-1,MUE-2,MUR-1,MUR-2,R-4.5,R-7,&R-12 Chapter 18.640: MUC-1 Chapter 18.650: I-P&R-4.5 LOCATION: Citywide and properties identified in the Attached Maps. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 6, 9, 10, 11 and 13; Metro Urban Growth Management Function Plan Title 4;Comprehensive Plan Goals 1,2,6, 9, 10,and 11;and Community Development Code Chapters 18.380 and 18.390. PLAN DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00004 1/14/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 10 J J Exhibit "A" SECTION II. STAFF RECOMMENDATION Staff recommends the Planning Commission find in favor of the proposed code text amendments (Attachment 1) to improve the existing code by adopting Tigard Development Code Chapter 18.605 Plan District standards; clarifying amendments to Chapters 18.600, 18.610, 18.620, 18.630, and 18.640 of the Tigard Development Code and official Zoning Map; and Chapter 18.650: Durham Advanced Wastewater Treatment Facility Plan District; with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. SECTION III. BACKGROUND INFORMATION & PROTECT SUMMARY The principal purpose of this project is the creation of new land use regulations for an existing regional wastewater treatment plant within the City of Tigard. These regulations will reside within a new, single-use plan district to be known as Tigard Development Code ('IDC) Chapter 18.650:Durham Advanced Wastewater Treatment Facility Plan District. The purpose of this district is to acknowledge the future operation, modification, and growth of the wastewater facility, while avoiding or mitigating off-site impacts that may negatively affect adjoining properties and public facilities. Associated with this project are a series of supporting text amendments to create consistency and clarity regarding plan districts generally. The first is the proposed creation of Chapter 18.605 (Plan Districts) to establish a clear purpose statement and approval standards for their adoption and modification. At present the TDC lacks any standards and guidance pertaining to the adoption and implementation of plan districts. As a result of this lack, the existing plan districts vary in naming convention or clear maps demarcating where they are to be applied. The proposed amendments are intended to correct these deficiencies. Please refer to Attachment 1 for the proposed text and map amendments, including additional background information,major issues,and commentary. Major project components are listed below. • Creation of Chapter 18.605 (Plan Districts) to provide a purpose statement for Plan Districts and approval standards and review processes for their adoption. • Text Amendments to 18.610 (Downtown), 18.620 (Tigard Triangle), 18.630 (Washington Square), and 18.640 (Durham Quarry aka Bridgeport Village) to create a uniform naming convention and include boundary maps to clarify where the regulations apply. Map boundaries are based on those established at the time of adoption of each district. • Creation of Chapter 18.650 to acknowledge the continued operation and development of the Durham Facility as a primary allowed use within existing property boundaries. Major components include: o Remedies a 1998 legislative oversight that accidentally rendered the Durham Facility a nonconforming land use (grandfathered due to its pre-existing status), making further expansion and modification difficult. Under the new code, wastewater treatment is acknowledged as the primary use of the affected properties. o Replaces the split zoning of the facility (R-4.5 Low Density Residential&Industrial Park)with a unified set of land use standards specifically tailored for the Durham Facility. Allowed uses and development standards would be based upon three functional sub-districts: Administrative, Operations,and Floodplain. o Land use permits will not be required for a majority of anticipated improvements. However, major projects along Durham road or those with the potential to negatively impact the transportation system will still require a conditional use permit. PLAN DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00004 1/14/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 10 Exhibit "A" o Establishes strict standards to prevent off-site impacts resulting from excessive noise, odors, light intrusion,and unharmonious building design. o Waives the requirement for Waverly Drive to be extended across the Durham Facility to 85th Avenue as a public street,but requires CWS to maintain an improved but gated connection for emergency service vehicles in a roughly similar alignment. • Amendment of the Tigard Zoning Map to include the boundaries of the four existing and one new plan district. Map boundaries are based on those established at the time of adoption of each district, and only clarify existing boundaries. No changes to existing uses, standards, or district boundaries are proposed. SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable Statewide Goals are addressed below. Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service to affected government agencies and the Val est version of the interested parties list. A notice was published in the Tigard Tunes newspaper prior to the hearing. After the Planning Commission public hearing,additional notice will be published pnor to the City Council hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. In excess of the requirements of the TDC, planning staff held a neighborhood workshop on December 18, 2012 to invite >nput on the proposed Durham Facility Plan District. Notices of the neighborhood meeting were mailed to 466 property owners within 1,000 feet of the plan district. One person attended and did not comment. A project website and a notice in the January edition of Cityscape magazine were also published in order to invite more citizen participation. This goal is satisfied. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Tigard Development Code. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment. This goal is satisfied. Statewide Planning Goal 6—Air,Water and Land Resources Quality This goal seeks to maintain and improve the quality of the air, water and land resources of the state. Included within this goal is a requirement that plans should designate areas suitable for use in controlling pollution including, but not limited to waste water treatment plants; and that such areas should be buffered and separated to avoid impacts to air,water, and land resources. FINDING: Clean Water Services holds the NPDES permit for the Tualatin River Watershed, and provides wastewater treatment to the City of Tigard and other jurisdictions within the watershed. As discussed within the report, the proposed amendments will establish land use controls that acknowledge the continued Zoperation and expansion of a wastewater treatment plant to protect water quality and public health, but ensure the operation and further development of the plant is buffered from adjacent land uses and does not exceed set thresholds for noise,odor,and light intrusion. This goal is satisfied. PIANDIS'1'RI(:I'DI?V'I:LOPti1P,N'I'(;011l?Abll?NllM1il?N'1' DCA2012-00004 1/14/2013 PUBLIC I II�ARING,S7'AIA-RI'.POR'I'TO TI II1:PLANNING COMMISSION PAGE 3 OF 10 Exhibit "A" Statewide Planning Goal 9–Economic Development: This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare, and prosperity of Oregon's citizens. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Economic Development goals and policies is discussed later in this report under Tigard Comprehensive Plan Goal 9.1 and associated policies. This goal is satisfied. Statewide Planning Goal 10–Housing This goal seeks to provide for the housing needs of citizens of the state. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Housing goal and policies is discussed later in this report under Tigard Comprehensive Plan Goal 10.2 and associated Policies.This goal is satisfied. Statewide Planning Goal 13–Energy Conservation This goal seeks to provide for land development and uses that maximize the conservation of all forms of energy. FINDING: The proposed amendment to create 18.650 would provide greater flexibility to Clean Water Services as it continues to implement technology and partnerships related to on-site energy conservation, energy generation,and nutrient recovery and reuse. This goal is satisfied. CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed code amendments are consistent with applicable Statewide Planning Goals. APPLICABLE PROVISIONS OF THE METRO URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN METRO planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the regional land use goals. Because the proposed Code Amendment have a limited scope and the text amendments address only some of the topics in the Urban Growth Management Functional Plan, only the standards of Title 4(Industrial and Other Employment Areas) apply. Title 4: Industrial and Other Employment Areas 3.07.430 Protection of Industrial Areas A. Cities and counties shall review their land use regulations and revise them, if necessary, to include measures to limit new buildings for retail commercial uses—such as stores and restaurants—and retail and professional services that cater to daily customers—such as financial, insurance, real estate, legal, medical and dental offices—in order to ensure that they serve primarily the needs of workers in the area. B. Cities and counties shall review their land use regulations and revise them, if necessary, to include measures to limit new buildings for the uses described in subsection A to ensure that they do not interfere with the efficient movement of freight along Main Roadway Routes and Roadway Connectors shown on the Regional Freight Network Map in the RTP. Such measures may include, but are not limited to, restrictions on access to freight routes and connectors, siting limitations and traffic thresholds. C. No city or county shall amend its land use regulations that apply to lands shown as Industrial Area on the Employment and Industrial Areas Map to authorize uses described in subsection A of this section that were not authorized prior to July 1,2004. FINDING: A review of the "Title 4 Employment and Industrial Areas Map as of January 18, 2012" reveals the presence of Industrial Areas within the City of Tigard,including the site of the proposed Durham Facility Plan District. The proposed amendment to adopt 18.650 (Durham Facility Plan Distrtco would not allow land uses PLAN DIS'I'RICC DI�A'I.I,OVMI:N'I CODP.;11v1F:NDAIEN'I' DCA2012-00004 1/14/2013 PUBLIC IIt?.�RING,S'I'AFP RI?VOR"C"I'O'I'HF.PLANNING COMMISSION PAGI?4 OF 10 Exhibit "A" described in subsection 3.07.430.A above.The proposed amendments to 18.610-640 do not change the allowed uses. As a result the proposed amendments meet these standards. CONCLUSION: Based on the findings above, staff finds that the proposed code text amendment is consistent with the Urban Growth Management Functional Plan. TIGARD COMPREHENSIVE PLAN State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals and consistent with Comprehensive Plan Goals and Policies. Because the Development Code Amendments have a limited scope and the text amendments address only some of the topics in the Tigard Comprehensive Plan,only applicable comprehensive plan goals and associated policies are addressed below. Comprehensive Plan Goal 1: Citizen Involvement Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. FINDING: Notices were sent by US Postal Service to affectedgovernment agencies and the latest version of the interested parties list. A notice was published in the Tigard Times newspaper and City website prior to the Planning Commission hearing. After the Planning Commission public hearing, additional notice will be published prior to the City Council hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. In excess of the requirements of the TDC, planning staff held a neighborhood workshop on December 18, 2012 to invite input on the proposed Durham Facility Plan District. Notice for the neighborhood meeting was mailed to 466 property owners within 1,000 feet of the plan district and on the City of Tigard website. One person attended and did not comment. A project website and a notice in the January edition of Cityscape magazine were also published in order to invite more citizen participation. This policy is satisfied. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: The proposed text amendment to create the Durham Facility Plan District was developed through a partnership with Clean Water Services, with the work conducted under the terms and conditions of an intergovernmental agreement signed by both parties. Copies of the proposed amendments were sent to all potentially affected jurisdictions,as further discussed in Section VII below. This policy is satisfied. Policy 2.1.7: The City's regulatory land use maps and development code shall implement the Comprehensive Plan by providing for needed urban land uses including: A. Residential; B. Commercial and office employment including business parks; C. Mixed Use; D. Industrial; E. Overlay districts where natural resource protections or special planning and regulatory tools are warranted; and F. Public Services FINDING: The pro osed text amendment to create TDC chapter 18.650 will return a critical public facility to conforming status presently nonconforming due to a 1998 text amendment), allowing the wastewater treatment facility to provided needed public services to support future urbanization and redevelopment. In PLAN DCA2012-00004 1/14/2013 PUBLIC I IEARING,STAFF REPORT T0171F.PLANNING COMMISSION PAGE 5 OF 10 Exhibit "A" addition, the roposed language in 18.650 would allow accessory industrial land uses to locate within the plan district in order to recover nutrients and energy from the waste stream or treatment processes. This policy is satisfied. Policy 2.1.12: The City shall provide a wide range of tools, such as planned development, design standards, and conservation easements that encourage results such as: A. High quality and innovative design and construction; B. Land use compatibility; C. Protection of natural resources; D. Preservation of open space; and E. Regulatory flexibility necessary for projects to adapt to site conditions. FINDING: The proposed text amendments to create the Durham Facility Plan District will establish a wider range of land use tools to ensure high quality and innovative development through design standards and regulatory flexibility; will ensure land use compatibility through defined buffering standards and clear and objective off-site impact standards;will aid in the preservation of open space within the plan district; and will provide regulatory flexibility necessary for Clean Water Services to respond and adapt to an ever-changing regulatory and technological environment. The supporting text amendments will ensure that existing and future plan district chapters will be consistently adopted and implemented in order to achieve similar results. This policy is satisfied. Policy 2.1.20: The City shall periodically review and, if necessary, update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs, provide reliable information, and conform to applicable state law, administrative rules, and regional requirements. FINDING: The proposed amendments are in response to community needs for reliable information, and to ensure wastewater treatment continues in compliance with applicable state and federal requirements. At present, three of the four existing plan districts are not clearly identified with maps showing the areas in which they apply. Moreover, the development code does not establish clear criteria for approval for new plan districts, or modification of the existing ones. The proposed amendments will address these issues by niadding maps both within the individual TDC Chapters containing the regulations 18.610-640), and on the official zoning map, to ensure the public is able to clearly identify the presence and oundaries of each district. The addition of proposed Chapter 18.605 would also establish clear criteria for the adoption of new plan districts, and would help to ensure uniformity and clear consistency with the City's various goals and policies. As the host city, Tigard has an interest in supporting CWS's responsibility to meet strict air and water quality requirements as it treats the region's wastewater at the Durham Facility. The proposed Durham Facility Plan District is intended to provide CWS with sufficient flexibility to both plan and quickly respond to applicable state and federal requirements, while ensuring compatibility with adjoining land uses. Without action by the City to address the facility's nonconforming status, compliance with applicable state and federal requirements, as well as necessary capacity upgrades to accommodate regional growth will be difficult if not impossible. As described above the amendments respond to community needs. This policy is satisfied. Policy 2.1.24: The City shall establish design standards to promote quality urban development and to enhance the community's value,livability, and attractiveness. FINDING: The proposed amendment to create the Durham Facility Plan District will promote quality development in a high profile location through the design standards proposed for the Administrative sub- district. The proposed Ian district will also protect the community's value, livability, and attractiveness by masking the operational unctions of the facility behind vegetative buffers and screening, and imposing clear and objective standards for noise, odor and glare. At the citywide level, having clear criteria setting forth the purpose and adopting process for plan districts generally will result in more district specific regulations that will enhance the community's value,livability,and attractiveness. This policy is satisfied. PIANt)IS'I'R1CI'llGV'I?I.OP�11�N'f C011I?AbIGNllh11:N'1' DCA2012-00004 1/14/2013 PUBLIC I IIiARING,STAFF RI?PORT TO T1Ili PLANNING COMMISSION PAGF 6 OF 10 Exhibit "A" Goal 6.2: Ensure land use activities protect and enhance the community's water quality. Policy 6.2.2: The Cittyy shall continue cooperation with federal, state, and regional agencies in the management of Tigard's water resources and the implementation of plans and programs. FINDING: The proposed text amendment to create the Durham Facility Plan District was developed through a partnership with Clean Water Services, with the work conducted under the terms and conditions of an intergovernmental agreement signed by both parties. The purpose statement of the proposed plan district acknowledges the continued operation,modification, and expansion of the facility. Moreover, the plan district is structured to provide significant flexibility to CWS as it complies with regi'onal service demands and federal and state agencies in its continued management of water resources. This policy is satisfied. Comprehensive Plan Goal 9: Economic Development Goal 9.1: Develop and maintain a strong, diversified, and sustainable local economy. Policy 9.1.3: The city's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities,provided that required infrastructure is made available. Policy 9.1.6: The City shall promote actions that result in greater, more efficient, utilization of its Metro-designated Employment and Industrial Areas. FINDING: The proposed Durham Facility Plan District is intended to allow the development of a limited amount of industrial activity within the plan district, provided it is clearly accessory to the treatment process and is based upon the extraction or processing of raw resources recovered, diverted, or otherwise produced by the treatment of wastewater. The Intent is to allow the operator of the facility to partner with non-profit or for-profit entities who wish to develop new technologies, establish or expand new businesses or organizations, and provide for more employment opportunities in a sustainable industry. The proposed Plan District Chapter that will govern the establishment of new plan districts will provide guidance and greater regulatory flexibility and adaptability when trying to adopt new plan districts to address particular economic development issues. With Metro designated employment and industrial areas present in both existing and the proposed new plan district, the proposed amendments are expected to provide for more efficient utilization of these areas. The applicable economic development policies are satisfied. Comprehensive Plan Goal 10: Housing Goal 10.2 Maintain a high level of residential livability. Policy 10.2.1: The City shall adopt measures to protect and enhance the quality and integrity of its residential neighborhoods. Policy 10.2.8: The city shall require measures to mitigate the adverse impacts from differing, or more intense,land uses on residential living environments, such as: A. Orderly transitions from one residential density to another; B. Protection of existing vegetation,natural resources and provision of open space areas; and C. Installation of landscaping and effective buffering and screening. FINDING: The proposed Durham Facility Plan District (18.650) requires substantial buffering and screening around the perimeter of the wastewater treatment facility, and includes clear and objective standards to prevent off-site impacts to adjacent land uses. These impact standards are specific to common land use Impacts resulting from wastewater treatment or industrial land uses, and include standards pertaining to noise, odor, glare, and aesthetic impacts. These regulations are intended to protect and enhance the quality and integrity of adjacent residential and civic land uses. The proposed Plan District chapter 18.605) will strengthen the City's ability to adopt and implement additional plan districts to protect an� enhance the City's residential neighborhoods. Applicable housing policies pertaining to the maintenance of residential livability are satisfied. PIAN DIS"TRIC'1'DENT?I.OPMEN'I'(:ODI AA11?NDMEN'1' DCA2012-00004 1/14/2013 PUBLIC HEARING,SI'AIT RITORT TO TI11"PLANNING COMMISSION PAGI?7 OIC 10 Exhibit "A" Comprehensive Plan Goal 11: Public Facilities and Services Goal 11.3 Develop and maintain a wastewater collection system that meets the existing and future needs of the community. Policy 11.3.2: The city shall continue to collaborate with Clean Water Services in the planning, operation, and maintenance of a comprehensive wastewater management system for current and projected Tigard residents. FINDING: The proposed text amendment to create the Durham Facility Plan District was developed through a partnership with Clean Water Services, with the work conducted under the terms and conditions of an intergovernmental agreement signed by both parties. The purpose statement of the proposed plan district acknowledges the continued operation, modification, and expansion of an existing facility operated and maintained by Clean Water Services. Moreover, the plan district is structured to provide significant flexibility to CWS as it complies with reW''onal service demands and federal and state agencies in its continued management of water resources. This policy is satisfied. Goal 11.4 Maintain adequate public facilities and services to meet the health, safety, education, and leisure needs of all Tigard residents. Policy 11.4.5: The City shall work in conjunction with partner agencies and districts in the planning and locating of their new facilities. FINDING: The proposed text amendment to create the Durham Facility Plan District was developed through a partnership with Clean Water Services, with the work conducted under the terms and conditions of an intergovernmental agreement signed by both parties. The purpose statement of the proposed plan district acknowledges the continued operation, modification, and expansion of an existing facility operated and maintained by Clean Water Services. Moreover, the plan district is structured to provide significant flexibility to CWS as it complies with regional service demands and federal and state agencies in its continued management of water resources. This policy is satisfied. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states that legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. FINDING: The proposed text and map amendments are legislative in nature. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. This standard is met. Section 18.390.060.G establishes standard decision-making procedures for reviewing Type IV applications. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1) The Statewide Planning Goals and Guidelines adopted under Oreon Revised Statutes Chapter 197; 2) Any federal or state statutes or regulations found applicable; 351 Any applicable METRO regulations; 4) Any applicable comprehensive plan policies; and 5) Any applicable provisions of the City's implementing ordinances. FINDING: Findings and conclusions are provided in this section for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. This standard is met. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Development Code. PLAN DIS'I'R1C'1'Ill P,\IEI,OPi111?N'1'(;011l?A1t11:NllhIEN'I' DCA2012-00004 1/14/2013 PUBLIC III?ARING,S'1'AFU RIA ORT TO'1'HF.I)LANNING COIv1MISS10N PAGE 8 Ol;10 01:10 6'tI9Vd "rII LL 0,1''Diod:11I"bIV.I.S`Jf�R[V"rlkl;)['[4I ld£tOZ/bt/t b0000-Zt0ZV)(I J,Nt IhGN',IINV ,MOJJDIRLSICI(`k"Id 01 su utuutas ostu ptnom saum�ftgLuV •uauu aJlezas SA1:) puu psu�itl,3o X1t:) ag1 utglim luautdotanap mau uo suouultuttl puu suouutnRax tuluautuozlnua a1uls/tutap33 y m aJuuttdutoDuou u 01 2utpuat sttuuualod `palltutt ag ptnom,(iTp3-cA uuganQ ;)q1 o1 suotsuudxa puu suour:)UT y� •pa�uuq:)un ut>;uuaz PIOAapoJ acts— UOU:)v ON SaAI.LVMRI21.L'1V HHH.LO 'IA MOI LDIS •sluautpuautu asagl$uudopu ui 1ualut anuutst2at aq1 `lsud ut`sagsgqulsa SmuauuuuoJ act L •;)&d pasaqumu-ppo (2utmotto3) alrsoddo ;)q1 uo pauteluoJ au gJtgm `s)uautpuauuu 3q1 uo fjuivaututoJ utuluoJ sa&d pasaquunu -uang •.xaquunu saldugz) apoD luautdotanaQ iq paztuu�?ao a.tu sluauupuauu apo:) pasodosd •, tjuivauuuuoJ 33u1s gltm sluautpuauu duut puu 1xa1 pasodozd acts puu `SZutuutns sansst uv `uouuuuo3ut punos23tJuq sapntJut sTq j, ltodaz 33>1s stgl 3o 1 ivatugaruV ulgi m puno3 aq un sluautpuauu pasodozd ay1 3o gJua uo sts�juuu 33u1S SISA'IVNV 3-4vi s 'A MOLLDHS •atquxIddu aq o1 puno3 azam suouutn23s zo s;nmuls alu1s uo tusapa3 ON 'S09-8I uIaJ utuluoultaJ luuoudopu 1Julstp uutd mau pasodozd a11 ctltm 1ualstsuoJ sI 0S9 gI aaldpct� uI 1Ju1Stp.UVId mau pmodozd att,L •sxmuipso 2uuuautatduu s,SiiD acts 3o suoistnosd atgi:)gddc acts puu `salJttod puu stuo uut�I antsuaitazdutoD atquJitddu `Uul IuuopJund luauta2uuuW ttlmo.T0 u>;gzn OJIa)W ;)ql `stuOO 2utuuutd aptmalulS atquJtt u ;)q1 g1lm 1ua1SISuoJ auu sluauupuauu dum puu mn apoa pasodoxd acts 1ug1 sapntJuoJ 33u1s `anoqu s2utpuzJ ag1 ut umocts SV WOISIiliDNOD Auvwwns (si:)mstQ uuld) So9'8i ut>;ua1uJ uoudopu asodosd g11m 1ualstsuoJ sI (1JuIsIQ uutd ?iTJud uuuusn� OS9'8I saldug:) paso oad 3q L :NOISIYIDNOD •1;)w St uoualuJ stg.L 'uuid antsuacta.tdutoD acts gltm 33uuuuo3uoJ uI ;).Tu 1Julstp uutd 3q1 3o suouutn-2;)j pasodosd •attl•`anoqu stsSluuu actl ut paluslsuoutap sir :ONIQNIA •weld anisuagasduxoa atp gitm aaueuuojuoa ut ase iatsistp urld aqi 3o suotieln2as aq j •Q •laut sI uottaluD stttd, •lJodas 1 73is atll 3o I luauug:)uiiV su papnjJut 1.Ioda2t 1:)Q!0-Td paluautnJop ;).Ti., `sutatgozd asO'qi ssaxppu suouutn au pasodozd aqi moq puu `1Julstp uutd acts 3o sutatgoxd puu sJusualJuzuctJ tutJads attZ :JNIQNId pur !sansst iurnalas ssasppe isaqlltm iauistp ueld a moq pue ease aqi;o stualgoid so sapstsaiaesetla Ietaads agi 2uuuautnaop ui . so Apnis a 3o ilnsas aqi ase suouelndas pue iapistp ueld pasodosd aqy •� •taut sI uoualuJ STgj •uotstnosd aJtnaas Jltgnd tuuot�aa puu �ltttqu>dutoJ asn punt 3o sansst S3uuapt so 113auaq Jltgnd pausap acts anaitt�� 01 aiunbap>;ut ass sauoz asuq �uustxa `lzodat 33u1s sici1 o1 I luauuLj:mi r su papn-L 1zo ag 1Jafozd 3q1 ui passnJstp sir :JNIQNId 'ease aqi ui utalgosd paguuapt ur ssasppe o1 so igauaq atlgnd pastsap r aeatgar of aienbaprut ase suotstnosd auoz aseq 2uustxg •g taut ST uoualuJ stttL axu313m puu ltuact Jttgnd ag1 1Jalozd o1 spaau �SiTp:m3 Jttgnd puu `S1ttlglludutoJ asn puet `�olslit asn tiuut o1 palutaz stuaigoz1 tutJads suet oS9'8I saldugD s03 Paso oz uazu acts `11od3z33u1s stgl o1 I luawgx mV su papntJut 1.todaz 1Ja osd a4'ui passnJstp stir :JNIQNId !A413 aqi 3o srase sagio of uotuutoa lou ase gatgm astueu ivau dolanap so asn purl Iruoutsursi so 'Aigi:)ej atlgnd `auolsttl `atujouoaa `lrsnieu r 3o stualgosd so satispaiarsrga Ietaads sell iauistp ueld aqi so3 pasodosd ease aqy •v •(siauistQ urld) 509'81 ut pauteiuoa rtsaiva uoudopr pasodosd aqi gitm`059.81 saidega ui iauistQ urid �itliar3 turgsnQ pasoc(osd aqi ;o A�uaistsuoa aiesisuoutap of papuaiut st molaq stsAleut ags, vild2l LRI3 NOIJAOQV 131111sia WId JAVHIQ .V , jTaiuXH Exhibit "A" how the City is to adopt or modify an existing community plan area,and where the existing districts apply. Alternative Action — In lieu of new plan district regulations, the City could modify the Comprehensive Plan Map and Zoning Map to assign a designation of Heavy Industrial. This would return the Durham Facility to a conforming use, but would not protect existing and adjacent land uses from potentially significant off-site impacts such as noise,odor,and light impacts. SECTION VII. AGENCY COMMENTS The City of Beaverton was notified of the proposal and had no objections. City of Tiard Public Works, City of Durham, City of Lake Oswego, City of Tualatin, Washington D County, METRO, ODOT, LCD, DEQ, ODFW, Portland Western and Southern Pacific Railroads, Tigard Tualatin School District, and Tri-Met were notified of the proposed code text amendment but provided no comment. ATTACHMENTS: Attachment 1: Durham Advanced Wastewater Treatment Facility Plan District: Project Report and Draft Amendments. (January 7,2013) anuary 7,2013 PREPARED BY: John Floyd DATE Associate Planner JJanuary 7,2013 APPROVED BY: Tom McGuire DATE Interim Assistant Community Development Director ; F PLAN DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00004 1/14/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 10 OF 10 Attachment 'T' CITY OF TIGARD DURHAM ADVANCED WASTEWATER TREATMENT FACILITY PLAN DISTRICT PROJECT REPORT & PROPOSED TEXT/MAP AMENDMENTS PLANNING COMMISSION RECOMMENDATION FEBRUARY 4, 2013 Staff Contact: John Floyd,Associate Planner 503-718-2429 johnfl(a.tigard-or.gov 1 TABLE OF CONTENTS Section I: Project Background........................................................................3 Introduction Project Background Site and Vicinity Land Use Regulation—History and Context Intergovernmental Agreement to Establish Plan District Section II: Maps..........................................................................................9 Existing Land Uses Existing Regulations Sensitive Land Areas Existing Trails&Right of Way City of Durham Zoning Map Section III: Project Issues..............................................................................15 Plan Districts Generally From Master Plan to Dynamic Growth Off-Site Impacts Resource Recovery&Public/Private Partnerships Circulation Section IV: Proposed Development Code Amendments..........................................21 Changes to Zoning District Map Changes to 18.120 Definitions Changes to 18.530 Industrial Zoning Districts. Creation of 18.605 Plan Districts Generally Changes to 18.610 Tigard Downtown District Development&Design Standards Changes to 18.620 Tigard Triangle Design Standards Changes to 18.630 Washington Square Regional Center Changes to 18.640 Durham Quarry Design Standards Creation of 18.650 Durham Advanced Wastewater Treatment Facility Plan District Section V: Appendices..........................................................................................89 A. Technical Memorandum: Background and Suggested Approach for Addressing Odor B. Technical Memorandum: Suggested Approach for Addressing Noise 2 SECTION I: PROJECT BACKGROUND Introduction This project proposes new land use regulations for an existing regional wastewater treatment plant within the City of Tigard. These regulations will principally reside within a new, single-use plan district. The purpose of this district is to acknowledge the future operation,modification, and growth of the wastewater facility,while avoiding or mitigating off-site impacts that may negatively affect adjoining properties and public facilities. Associated with this project is a new development code chapter intended to govern plan districts generally,as the code presently lacks a clear mechanism for their adoption and administration. Project Background Founded in 1970,Clean Water Services (CWS) is a special district charged with managing water quality within the Tualatin River watershed,including the operation of separate stormwater and sanitary sewer systems that service urbanized Washington County. Operating under a watershed based National Pollutant Discharge Elimination System (NPDES) permit, sanitary sewer treatment occurs at four treatment facilities located in Hillsboro,Forest Grove,and the City of Tigard. The second largest of these,Durham Advanced Wastewater Treatment Facility (Durham Facility),began operations in 1976 and replaced 14 decentralized wastewater plants scattered around the region. In 1978 the facility was annexed by the City of Tigard. The service population of Durham Facility is approximately 210,000 people residing within the cities of Beaverton,Durham,King City,Sherwood,Tigard,Tualatin,portions of Southwest Portland and Lake Oswego,and unincorporated urban areas within Washington County. Durham Facility is designed to clean an average of 26 million gallons of wastewater per day (MGD) in dry weather, and a daily wet weather average of 79 MGD. Average flows consist of approximately 96 percent domestic and 4 percent industrial and commercial waste. Effluent water is discharged to the Tualatin river or for reuse by Tigard High School and nearby golf-courses for irrigation purpose. Biosolid waste (approximately 14 dry tons daily) is removed for use as soil amendments by agricultural users. During a routine pre-application conference for a new"Fats, Oils,and Grease" building,the City of Tigard discovered that Durham Facility is no longer an allowed land use within either of the zoning districts it straddles. This fact renders the Durham Plant a nonconforniing land use, complicating upgrades of the existing facility and prohibiting expansion beyond the current footprint. From a practical and regulatory standpoint,this is not a tenable situation due to potential risks to public health, the difficulties it creates for CWS to comply with state and federal regulations,and the city's interest in maintaining a cooperative relationship with CWS. Moving the facility would present significant costs to both Tigard and the region that are neither practicable nor quick. As a critical regional facility that cannot be easily relocated,and is charged with meeting stringent state and federal permitting standards,both the City of Tigard and CWS find it prudent and desirable to amend the Tigard Community Development Code to allow necessary expansion and upgrades. 3 Site and Vicinity As shown on maps contained in Section II of this project report,Durham Facility encompasses 8 parcels and approximately 106 acres of land within the City of Tigard. Elevation on the site varies by approximately 70 feet,sloping in a southerly direction towards the Tualatin River. Approximately two-thirds of the site consists of an upland area,with the remainder located within Tualatin River floodplain. A steep embankment roughly demarcates these two areas. The upper campus contains administrative offices and extensive landscaping along the northern boundary,which visibly screen the waste processing and recovery facilities occupying the center of the campus. An artificial berm roughly demarcates the western boundary of the upper campus,and is intended to screen the facility from adjacent residential and educational land use. The lower campus is largely undeveloped including restored riparian forest,oak savannah, and wet prairie interspersed with public trails that connect to a regional trail network. Inventoried wetlands cover a significant portion of the lower campus. As shown on the existing land uses map within Section I1 of this report, the campus is roughly bounded by Durham Road to the North,railroad tracks to the southeast, the Tualatin River to the South,and a variety of adjoining land uses along the northeastern and western perimeters. Adjacent land uses within the City of Tigard include two light industrial parks,Durham Elementary School, Tigard High School,Waverly Estates Subdivision,and Cook Park. Beyond Durham Road to the north are a mixture of single and multi-family land uses,and a small neighborhood commercial center. Durham City Park adjoins the campus to the east, and Tualatin Country Club lies across the Tualatin River to the south. As shown on the Trails and Existing Right of Way map in Section I1 of this report,Durham Facility is roughly bisected by SW 85`h Avenue,a designated arterial and bike route,which provides primary access to the facility via Durham Road and Hall Boulevard. Adjoining Durham Facility to the west is Waverly Drive, the primary access road for Waverly Estates Subdivision,which ends at a barricade at the Durham Facility boundary. Unimproved right-of-way connects Waverly Drive with SW 85`h Avenue,crossing a restricted but largely unimproved portion of Durham Facility. Public sidewalks and mixed-use trails provide cross-campus connections along 85th Avenue and across the lower campus area,connecting to Cook Park,Durham City Park, and Tualatin Community Park via the Kia-a-kuts Bridge. Land Use Regulation—History and Context Following annexation in 1976,the City of Tigard authorized two major expansions in 1990 and 1999 respectively. Both were processed as Conditional Use Permits,with the latter subject to multiple "minor modifications"in subsequent years. A review of City records revealed the following land use permits applicable to the facility: ■ CU88-07—Authorized construction of the Headworks Building on west side of 85`h Avenue. ■ CUP90-00002 -Authorized a major modification of the existing conditional use (expansion of Durham Facility). ■ CUP90-00003—Sensitive Lands Review authorizing fill in a designated floodplain. ■ VAR90-00015—Variance to exceed maximum allowable height in the I-P Zone. ■ CUP1999-00003—Major Modification authorizing a three-phased expansion through 2010. 4 ■ CUP2000-00001 —Cook Park Expansion,including the construction of an emergency access drive / bike-pedestrian pathway between 85`h Avenue and Cook Park. This trail was constructed in part on CWS property. ■ SDR2002-Site Development Review for a new 100'monopole and associated equipment buildings. ■ ZCA2003-00007—Zone Change Annexation to annex three CWS owned parcels and one City of Tigard owned parcel. ■ MMD2007-00009—Minor Modification authorizing a fourth carrier on previously approved monopole. ■ MMD2009-00009 allowed changes to two driveway entrances. ■ MMD2009-00023 allowed the construction of a 480 square foot pole barn. ■ MMD2010-00001 allowed the replacement of an interior heating unit with an exterior heating unit on a 75 sq. ft. pad. ■ MMD2010-00007 allowed expansion of the existing headworks building by approximately 2,000 square feet. As a result of incremental expansion,Durham facility is now within multiple Comprehensive Plan designations and Zoning Districts. The majority of the facility is within Public Institution and Open Space designations,with the more recent expansion within Low Density Residential or Light Industrial designations. Zoning on the property is similarly split,with a majority of the property zoned Industrial Park,and the remainder R-4.5 Low Density Residential. Surrounding land uses are zoned Industrial Park to the east and residential to the north and west. Properties to the south and southeast are located within the Cities of Durham and Tualatin. None of the existing districts allow waste-related land uses,restricting if not prohibiting the future expansion and upgrades of the facility. Inventoried sensitive land areas are present on a significant portion of the campus, and predominantly in the southern portion of the site near the Tualatin River. The lower campus (approximately 36 acres) is located almost entirely within FEMA 100 year floodplain. Within the floodplain are wetland areas that appear on the City of Tigard Local Wetlands Inventory (Unit 9; Wetlands F-19,F-21,and F-26). Significant habitat areas are also present on the southerly portion of the campus. Steep slopes (greater than 25%) have also been identified, and are scattered around the campus as a result of natural processes and human activity. 1998 Development Code Revisions The Tigard Community Development Code (TDC) categorizes the existing wastewater treatment facility as a "waste-related" land use (IDC 18.130.070.H). A review of Tigard Development Code Tables 18.510.1 and 18.530.1 reveals that waste-related land uses are no longer an allowed use in either of the zoning districts that govern the facility. This complicates,if not prohibits, future modifications and expansions of Durham Facility. This nonconformity appears to be the result of text changes to the Tigard Development Code during its last major update and reorganization in 1998. A review of Ordinance No. 98-19 revealed that the land use category for"utilities"was broken up into two separate categories: "basic utilities" and"waste-related". Of the two categories, the treatment plant clearly falls into the latter as there is little ambiguity in the descriptive language or examples provided. This change in the Development 5 Code was not reflected in the 1999 conditional use permit which incorrectly classifies the wastewater treatment plant as a "basic utility". The record is unclear as to how this error was made. Intergovernmental Agreement to Establish a Plan District As a matter of policy,the City of Tigard wishes to support the continued operation and upgrade of Durham Facility. This position is reflected in the recently updated Comprehensive Plan (see Goal 11.3 and Policies 11.3.2&3) which calls for continued collaboration with CWS in the planning, operation, and maintenance of a wastewater management system. In order to further this policy position, the Community Development Code (Title 18) must be amended. Two options for amending the development code were evaluated by City of Tigard and CWS staff, including: (1) a zone change and comprehensive plan amendment to assign a Heavy Industrial land use designation,and (2) the creation of a new plan district with site specific regulations to provide flexibility and better protections for adjoining properties. Of the two, both the City of Tigard and CWS prefer the plan district option. While the Heavy Industrial District allows the operation of a wastewater treatment plant,it is a district intended for the operation of intensive land uses that would generally be disruptive to adjacent and established residential,commercial,and civic land uses. As a result, the City's Heavy Industrial District regulations do not contain standards that can adequately protect sensitive adjacent land uses. In contrast the plan district option is able to provide more flexibility to CWS in performing its mission,while providing superior mitigation of off-site impacts to adjoining residences, schools,and public facilities. This solution was formalized in an Intergovernmental Agreement that was approved by the City Council June 12,2012. The signed intergovernmental agreement does not bind the City or CWS to a particular outcome. Rather,it forms a broad framework for mutual cooperation in the development of new land use regulations. Of particular note is Special Term B.3 of the IGA that sets forth the purposes of the Durham Facility Plan District: Purposes of Durham Facility Plan District. The Durham Facility Plan District is intended to provide standards while preserving CWS's flexibility in the operation, modification, up grade and expansion of the Durham Facility. The City and CWS desire to establish through the Durham Facility Plan District a single framework and process allowing for the following. a. the expansion o f the Durham Facility to accommodate future urban growth or enhanced wastewater treatment capability; b. the adaptation of the Durham Facility to satisfy changes in environmental or regulatory standards and to incorporate technological advances or new methodologies in: wastewater treatment;waste- handling andprocessing and wastewater, energy, and nutrient recovery; C. avoidance, management, andl or mitigation of negative ofl-site impacts on land uses adjacent to the Durham Facility, recognitiing that certain impacts are inherent in the operation of a regional wastewater treatment facility and that such impacts should be balanced with the overall community benefit such facilities provide; 6 d addressing transportation system impacts from future changes at the Durham Facility; e. the creation of specific land use and permitting processes for the Durham Facility that=11 allow permit issuance on a timely basis;and f. the regulation of land uses,site and building design and environmental impacts from new development within the Durham Facility Plan District, taking into account the specialised operational requirements and the regional service nature of the Durham Facility. This purpose statement guides the form and content of the proposed amendments,and forms the basis for a mutually agreed upon proposal for the Planning Commission and City Council to consider. 7 This page intentionally left blank. 8 SECTION II: MAPS () i .. III Existing Lsuid Use CitV of �1 c y i i. _ Pmpma DwKt Swrdafy M-4 _ 4t 'ice W.-VIM Vnrlqmwl y 1 v r R T 74 UL"Y uV4 -k oto s� '�r "�f �'�!` 1•y •� Irv, ' Map 2: Existing Zoning Existing Zoning o R-4. Cit}'of Tigard CO VropDNrn BundyM R-7 oCIYoormry R-12 Sep,.24,-Al I_ W DURHAM.RD ! ! O ! ! CV = W R-4.5 - - - - - - - Q w - - - NQ • • i-I • 40 R-12 • R-4.5 ! � SepDprobenaive PMR �lti0na ! GC CmwwntirCamisrar Mixed Use Certtrr Eusiness District cr+r GNrytWwnoo0 Coommmer" community comm«eir CA Rrorocumr Commit Neighborhood Commercial LH HewY w4j" Neighborhood Cerrrmercwl H. We V"NO Professional Commercial w ewsrnl Perk Heavy Industrial 1 µ).M Mad Use Central Business Dktnn Light Industrial J ktc m ed Us°ConswCg1 Low Density Residenlir J WA k%X1 lAwed Use EMOO�"vrl t Medium Density Residential WE-1 Meed Use Emlovnat t Medium High Density Residendel M,)E.2 Mud Use Employment 2 W Hitt Density Rewdentiel J WA.1 Abod use MSdwwr i Ir Mixed Use Comm-cir WAt.2 Mrod Use ResOSMir 2 Mixed Use Empbyment R•1 30,00062 Ft W Let See Mixed Ilse E R.2 20AOO$4 Fl Mn Ld See epbymant 1 R3 S 10.000 Se Ft W Lot Sas Mixed Use Empbyment 2 CJI RJ S 7.500 SS Ft Mn Lr Sae Mixed Use Residential 1 R•7 5,000 Sp Ft Mn Let Sm Mixed Use Residaraial 2 ' R•12 as0s0 Ss Fl 64 Fl Un L41 SLN a 5¢e Open Space R•25 Pubic institution I IRJO e0 Unita PerK» IPDI Planed Dwvlecmen*r W (ND) to bm David O"ll" l I - 11 Map 3: Existing Trails & Right of Way Existing Trails&ROW �� t City of Tigard _ m■ Proposed District Boundary nava City Boundary i t as se, Existing Trans 2 } t,..� ExIT1Mg ROWy1�I �■ SW DURHAM RD _ I • s if I • • • a■ I i • I 1 O • • Nme as • am Ok l I — I• • I I • toIsIlls 48�� • 4 I dia Ills 4110 • / I • �Ir+ �1 ���• 1. -- 'r- ��-� iii I v- ' 12 I Map 4: Sensitive Lands Within Project Vicinity Existing Sewsitive Lands o - City of Tigard m a - jr Propawd Dana eararr ,_ J _ Tpan7 CiN BowWwy ----- �_� I I Sept.24.V112, r r r r r r r r r SW DURHAM RD > �.10..49 OA o r iv 1 i ■ ■ 1 / ■ T ._ 1 1 — _ 1 - 1K Wetlands K CWS Buffer 100-Year Floodplain Slope>25% I SWater 13 Map 5: City of Durham Zoning Map ) Zz .n�nr.uRr L2p qP �. \ ` -r ayv City • • Map SnploDmOV Resitbntiel(SDR) ® Business Park Overlay(BPO) Multi-DvnaBnp Residential(MDR) Density Bonus for Planned Residential DevelDprnenl(DB-PRD) - Industrial Park(IP) ELI Multi-Dwelkng Design Overlay(MDDO) - Olri Park(OP) IN Natural Resources Oveday(NRO) - Nalural Resources(NR) City Boundary 1 InM•wow Foal 0 250 000 1,000 14 SECTION III: PROJECT ISSUES The purpose of this section is to identify key issues to be addressed in the project, followed by recommended code amendments to address the issues. Project Issue 1: Plan Districts GenerallX Issue: The Community Development Code inadequately regulates the establishment and administration of plan districts. The four existing chapters (Downtown,Washington Square,Tigard Triangle,and Durham Quarry) vary in content and form,and present administrative challenges in their application. These inadequacies generally fall into one of three categories. ■ The Development Code does not address the creation or role of plan districts. This includes their general purpose,approval process and criteria,relationship to other regulations,and minimum form and content. ■ Existing plan districts are not uniform in structure, are not always clear in their relationship to other regulations,and lack identifying maps of where the districts apply. ■ The official Tigard Zoning Map does not identify the boundaries of existing plan districts. Recommended Actions: ■ Adopt Chapter 18.605 (Plan Districts)to govern the adoption, modification, and administration o_f existing and future plan districts uathin the City of Tigard. ■ Amend Chapters 18.610, 620, 630, and 640 to include maps ofplan district areas. These maps will be consistent with existing boundaries as adopted by the City Council. ■ Amend City of Tigard Zoning Map to clearly identifil the boundaries of the four existing plan districts. Project Issue 2: From Master Plan to Dynamic Growth Issue: A review of land use records indicates the city has historically relied upon strictly phased, ten-year master plans to govern the expansion of Durham Facility. This tool allowed lengthier spacing between conditional use permits,and set clear expectations for Clean Water Services (CWS) and the City as to the timing of public improvements and other conditions of approval. This historical tool is becoming more of a hindrance in the increasingly dynamic and time-sensitive operating environment under which CWS now operates. Recent evolutions in flow modeling,waste treatment, and resource recovery are resulting in significant increases in efficiency and more precise targeting of improvements to predicted contaminants and flow levels. This efficiency comes with a growing emphasis on modification and enhancement of existing systems in-lieu of raw capacity expansion,and is resulting in a decreased use of the strictly phased master plans that have been the historical basis of land use permitting. This shift makes conditional use permits,the City's historical vehicle for the approval of CWS master plans,less useful for both CWS and the City as physical improvements are increasingly 15 targeted towards near term demand,with a greater emphasis on modification of existing systems over expansion. In addition to technological advances,Durham facility is subject to increasing regulation from the Oregon Department of Environmental Quality (DEQ),United States Environmental Protection Agency (EPA),and the United States Department of Agriculture (USDA). These agencies regulate the release and reuse of effluent water,the operation of power generators and flaring, odor control, the disposal of biosolids, and the production of fertilizer from recovered nutrients present in the waste stream. Oversight by these agencies is ongoing through the issuance of operating permits with stringent performance standards. Applicable legal requirements include,but are not limited to, the following: • Federal Clean Water Act • Federal Clean Air Act • 40 CFR Part 503 (Standards for the Use or Disposal of Sewage Sludge) • ORS 454 (Sewage Treatment and Disposal Systems) • ORS 468A (Air Quality) ■ ORS 468B (Water Quality) As a result of these technological and regulatory conditions,land use permitting is occurring closer to construction and with increasing frequency. Without clear and objective approval standards to aid in design and permit review,both the City and CWS will be subject to increasing administrative burdens. These increasing administrative burdens may challenge CWS's ability to comply with local, state,and federal regulations in its planning,operation, and expansions of Durham facility. The need to further develop the facility must be balanced with a public interest in ensuring that major improvements with the potential to affect off-site properties are reviewed in a manner that provides for an appropriate level of public involvement. Recommended Actions: ■ Amend 18.650 to create asingle-use plan district that acknowledges the continued operation, modification, upgrade, and expansions o f the Durham Advanced Wastewater Treatment Facility into the long-term future. ■ Adopt clear and objective approval criteria that areflexible in nature and focused on off-site impacts to adjacent land uses or public•facilities. ■ Adopt land use regulations with cleary defined thresholds of review specific to Durham Facility, that include an appropriate level of coordination with affected agencies and opportunities for public•comment. Project Issue 3: Off-Site Impacts Issue: Certain off-site impacts are inherent in the operation of a wastewater treatment plant. These typically include unwanted noise,unpleasant odors, offsite lights and glare,traffic generation,and aesthetic impacts. Local and regional urban growth has surrounded Durham Facility with land uses and populations sensitive to such impacts,including single and multi-family homes, schools, and parks. Moreover, two arterials intersect at the northern boundary of the facility,exposing both stationary and pass-through traffic to these impacts. Durham Road averages 21,000 vehicle trips per day along the northern boundary of Durham Facility, and Hall Boulevard approximately 13,700 vehicle trips per day at its intersection with Durham Road. This close proximity creates the 16 potential for conflict between normal operation of the Durham Facility and adjoining residents and users, should a facility modification or expansion result in a significant increase in trip generation. The Tigard Development Code attempts to avoid or mitigate impacts originating from waste-related facilities through site development review (18.360);base zone standards for use,building design,and site planning (18.530);environmental performance standards (18.725);landscaping and buffering standards (18.745);and street standards that address traffic impacts (18.810). At present,the only zoning district to allow a wastewater treatment plant is Heavy Industrial,which allows intensive land uses that would generally be disruptive to adjacent and established residential,commercial,and civic land uses. As such,development standards to protect sensitive land uses do not exist within this district and cannot be utilized within the present context. Moreover,existing environmental performance standards do not provide adequate clear and objective criteria for noise and odor reduction,inhibiting both CWS and the city when designing and reviewing new expansions. To the degree possible,Clean Water Services strives to avoid, reduce,and mitigate offsite impacts through the use of odor sampling and reduction,noise dampening,glare reduction,and the use of landscape and architectural enhancements on areas visible from Durham Road,Waverly Road,and Cook Park. In recent projects CWS has masked process structures through the use of pitched roofs, masonry exteriors,and a combination of berming and enhanced landscaping intended to screen and soften views from public parks,right of ways,and other adjacent uses. The facility also hosts an annual open house,inviting nearby residents and the general public to tour the facility and engage with CWS staff regarding any concerns they may have. Recommended Actions: ■ Adopt land use and impact regulations specific to the unique functions f Durham Facility and associated off- site impacts. ■ Adopt land use regulations thatgovern use and site/building development b sub-district. ■ Adopt clear and objective approval criteria to avoid, reduce, and/or mitigate unwanted noise, odors, light and glare, and/or transportation system impacts. Project Issue 4: Resource Recovery& Public/Private Partnerships Issue: Operational goals at Durham Facility are shifting away from just wastewater treatment,and towards a mixture of wastewater treatment and resource recovery. The aim of resource recovery is to move the operations in a more sustainable direction,both financially and ecologically. Examples of this include the capture of methane to be used in onsite power generation,the use of effluent water for irrigation, the diversion of biosolids to agricultural end users in-lieu of landfills,and the removal of waste stream phosphorus for use as fertilizer. This last example was developed through a public/private partnership between CWS and Ostara,with Durham Facility serving as a testing ground and now production facility for Crystal Green® fertilizer. In a similar manner,waste products from the anaerobic treatment process are being increasingly diverted to energy production and heat re-use. This presently occurs in the capture and use of methane in on-site power- generators. Similarly, heat and other by-products may be captured and reused on-site or at the district level. With an increasing emphasis on resource recovery and waste stream diversion, including some limited onsite processing and manufacturing by for-profit companies or nonprofits, 17 new land use issues may present themselves. This activity is expected to continue and expand into the future,and present significant economic development opportunities for Tigard and the region. Recommended Actions: ■ Adopt use regulations and development standards that antigrf ate the presence ofpublic, non profit, or for- profit entities and activities engaged in waste stream resource recoverg and processing. • Adopt use regulations and development standards to govern the use of treatment byproducts forpower generation and heating. ■ Adopt development standards that address transportation system impacts and other off-site impacts from activities associated with nutrient recovery and energy production. Project Issue 5: Site Circulation Issue: Durham Facility is a 106 acre campus,occupying a substantial amount of land within Southern Tigard. The combination of the operational needs of the plant,combined with the large campuses of the adjoining schools,has resulted in large superblocks that hinder road and bike/pedestrian connectivity in this area. Waverly Estates subdivision is the area most affected by this situation. As part of the original subdivision approval (SUB93-0007), the hearings officer required the provision of emergency access between the terniinus of Waverly Drive and 85`h Avenue. The access was provided through the dedication of right of way,20 feet wide, for the purpose of bike/pedestrian access and emergency vehicle access. This right of way was recorded but not improved,and Waverly Drive presently terminates at a road block and not a turnaround. When CWS acquired land on the west side of 85`h and expanded under CUP1999-00003,a condition required CWS to maintain emergency vehicle access to Waverly Drive. At present CWS provides emergency vehicle access,but not along the recorded right-of-way,and security fencing now prohibits the pedestrian/bicycle connection between these two streets. In 2002 CWS constructed a mixed-use trail and emergency access route between the southern terminus of SW 85`h and Cook Park. This improvement was approved and constructed as part of the Cook Park expansion project approved under CUP2000-00001. While direct access is not provided to Waverly estates, the trail does provide east-west connectivity for bikes and pedestrians that did not previously exist. This trail was also constructed as a secondary emergency vehicle access to Cook Park,and by extension Waverly estates and other residential subdivisions should 92nd Avenue become blocked for some reason. 18 Recommended Actions: ■ Adopt connectivity standards that acknowledge the unique security and operational needs of Durham facility. ■ Adopt connectivity standards specific to the provision of EMS access to Waverly Drive,including.• o Vacation of existing right of way between 85i8 Ave and Waver y Drive. o Termination of Waver y Drive with a City approved turnaround o Permanent provision of EMS access across Durbam Facility to WaveryEstates. 19 This page intentionally left blank. 0 Attachment "1" SECTION IV: PROPOSED CODE AMENDMENTS How to Read This Section This section is organized by Tigard Development Code chapter number. Where changes are proposed to existing chapters of the Tigard Development Code,only the affected Section or Subsection is listed for purposes of brevity. The proposed amendments and associated commentary are intended to be read in book format, with even number pages on the left and odd numbered pages on the right. Even-numbered pages contain commentary on the amendments,which establish,in part,the legislative basis and intent in adopting these amendments. Odd-numbered pages show the existing language with proposed staff amendments. Text that is to be added to the code is shown with double nd r in . Text that is to be deleted is shown with a s ethtaugh. All proposed amendments to add or delete existing language are identified in red font. 21 Staff Commentary Staff is recommending the inclusion of plan district boundaries on the official zoning map,as shown on the opposite page. Inclusion of plan district boundaries is recommended in order to better communicate the presence and location of special land use regulations to users of the map. It is expected to be of particular use to parties unfamiliar with Tigard's land use regulations. Plan District boundaries for all but the proposed Durham Facility Plan District(currently proposed in this amendment package) are based on previously adopted boundaries as reflected in the following Council Ordinances: Ordinance No. 10-2: Downtown Plan District Ordinance No. 96-41 &97-2: Tigard Triangle Ordinance No. 00-18: Washington Square Regional Center Ordinance No. 01-07: Durham Quarry aka Bridgeport Village 22 Existing Community Plan Arras City of Tigard ® Community Plan Area r� C] Tigard City Boundary Taxlot Boundary N 0 0z5 0.5 r VYashington•Square Regional 1 i I i I Center'PIanDwt� — Mdes T!gard Tnangle Plan[7iylnCt Q t4 i - � a Durham Facility w Plan•Distrsct Bridgeport Village, s Plan District Staff Commentary Staff recommends this statement of intent be abbreviated to remove outdated language regarding the Tigard Triangle and Washington Square design standards. 24 Proposed Amendments 18.600: C^M*,MUNI PLAN DISTRICT AREA STANDARDS LEGISLATIVE NOTES This seetiett is essel a "reserve" section for the City to place special subdistrict development and/or design standards. For exftmple,the new design stftndards under eensideration for the Tig"d fee these speeia4 dis 25 Staff Commentary Chapter 18.605 is proposed by staff to address Project Issue One as outlined in Section III of this report,namely that the Tigard Development Code does not address the creation or role of plan districts. This includes their general purpose,approval process and criteria,relationship to other regulations,and minimum form and content.Adoption of this chapter would resolve this issue when future plan districts are adopted. 26 Proposed Amendments CHAPTER 18.605 PLAN DISTRICTS Sections: 18.605.010 Purpose 18.605.020 Scone of Plan Districts 18,605.030 Relationship to Other Regulations 18.605.040 Adoption Criteria 18.605.050 Review 18.605.060 Plan District Maps 18.605.010 Pur,7ose Plan districts address concerns un&aue to an area when other zoniniz mechanisms cannot ac i v h wired results. An area may be uni ue based on natural, economic, or historica rib s: b b� to problems from rapid or severe transidons of land ;or contain public facilities that rent irP s 2ecific land use regulations for their efficient operation Plan districts provide a means to modify zoning�gulations for specific areas defined in special plans or studies Each plan district has its own nontransferable set of regulations.This contrasts with base zone provisions that are intended to beapplicable in large areas or in more than one area. 18.605.020 Scone of Plan Districts Plan district regulations may be apma d in conjunction with a base zone The i2lan-district provisions may mod& any portion of the regulations of the base zone or other regulations of this Title The prmdsions may apply additional requirements or allow PYcPption� *o ge=r?1 rPg�an�ns 18,605.030 Relationship to Other Regulations When there is a conflict between the elan district regulations and base zone or other regulations of this Title the plan district regulations control The specific regulations of the base zone or other regulations of this Title apply ur less the plan district provides other regulations for the same 27 Staff Commentary Chapter 18.605 is proposed by staff to address Project Issue One as outlined in Section III of this report,namely that the Tigard Development Code does not address the creation or role of plan districts. This includes their general purpose,approval process and criteria,relationship to other regulations,and minimum form and content.Adoption of this chapter would resolve this issue when future plan districts are adopted. 28 Proposed Amendments 18.605.040 Adoption Criteria A 121an district may be established by a T ane IV imocedure a t forth in 18,390.0 0 if all the following adoption criteria are met: A. The area imposed for the.elan district has special characteristics or problems of a natural economic, historic_public facility, or transitional land u e or development nature which are not common to other areas of the .itv: B. Existing base zone provisions are inadequate to achieve a desired public benefit or to address an identified problem in the area: C. The 12rol2osed plan district and relzuladQus are h il of a study or plan docum n 'nom thr special characteristics or problems of the area and how a plan district wrill best add s relevant issues:and D. The regulations of the plan district are in conformance with the Comprehensive Plan 18.605.050 Review Plan districts and their rezWations wiH be reviewed rio i a ly to determine whether theh are still needed, should be continued_ or amended. Plan districts and their regulations will be r vi w d part of the process for the update of the Comprehensive Plan 18.605.060 Plan District Maps The boundaries of each plan district established shaU be shown on maps located at thend of h plan district chapter, In addition plan district boundaries are identified on the official zo ing� 29 Staff Commentary Proposed changes to 18.610 are limited to (1) the establishment of a uniform naming convention for all chapters within the 18.600 series,and (2) the insertion of clearly legible maps to communicate previously adopted boundaries. No changes to existing land use regulations or administrative processes are proposed. 30 Proposed Amendments Chapter 18.610 TIGARD DOWNTOWN PLAN DISTRICT DEVE16OPMEN-T AND DESIGN 18.610.010 Purpose and Procedures A. Pu1pose. The objectives of the Tigard Downtown Pan Dis ri Standtirds are to implement the Comprehensive Plan, Tigard Downtown Improvement Plan, and Urban Renewal Plan and ensure the quality, attractiveness, and special character of the Downtown.The regulations are intended to: 1. Facilitate the development of an urban village by promoting the development of a higher density, economically viable, and aesthetically pleasing pedestrian-oriented downtown where people can live,work,play and shop for their daily needs without relying on the automobile. The quality and scale of the downtown urban environment shall foster social interaction and community celebration. 2. Encourage the integration of natural features and the open space system into Downtown by promoting development sensitive to natural resource protection and enhancement; addressing the relationship to Fanno Creek Park; and promoting opportunities for the creation of public art and use of sustainable design. 3. Enhance the street level as an inviting place for pedestrians by guiding the design of the building"walls" that frame the right-of-way (the "public realm") to contribute to a safe, high quality pedestrian-oriented streetscape. Building features will be visually interesting and human-scaled,such as storefront windows,detailed facades,art and landscaping. The impact of parking on the pedestrian system will also be limited. The downtown streetscape shall be developed at a human scale and closely connected to the natural environment through linkages to Fanno Creek open space and design attention to trees and landscapes. 4. Promote Tigard's Downtown as a desirable place to live and do business. Promote development of high-quality high density housing and employment opportunities in the Downtown. 5. Provide a clear and concise guide for developers and builders by employing greater use of graphics to explain community goals and desired urban form to applicants, residents and administrators. B. Conflicting standards.The following standards and land use regulations apply to all development within the Downtown Mixed Use Central Business District Zoning Distrct (MU-CBD _ whos boundaries are set forth in Man 18 610 B and on the official zoning mao. With the exception of public facility and street requirements, if a design standard found in this section conflicts with another standard in the Development Code, the standards in this section shall govern, even if less restrictive than other areas of the code. 31 Staff Commentary This map is proposed for removal because it is difficult to read when printed in black and white,and is labeled "Proposed MU-CBD Sub-Areas." This title is inaccurate in that these boundaries were adopted by Council under Ordinance No. 10-2, making the graphic outdated and potentially misleading. The replacement map retains the existing boundaries of the sub-areas, but removes the word"proposed"and is redrawn to better print in a black and white format. 32 Proposed Amendments 18.610.020 Building and Site Development Standards A. Sub-areas. The four sub-areas located on Map 610.A and described below have different setback and height limits in order to create a feeling of distinct districts within the larger zone. [no change is proposed to the descriptions of the four sub-areas proposed in 18.610.020.A.1-4] 33 Staff Commentary This map is proposed as a replacement for existing map 18.610.A. Replacement is recommended by staff because it is difficult to read when printed in black and white, and is inaccurately labeled "Proposed W-CBD Sub-Areas." This title is inaccurate in that sub-district boundaries were adopted by Council under Ordinance No. 10-2, making the graphic outdated and potentially misleading. The replacement map retains the existing boundaries of the sub-areas, but removes the word"proposed"and is redrawn to better print in a black and white format, 34 Proposed Amendments Man 18,610.A Map 18.610.A 21 MU-CBD Sub-Areas Cite of "Vigard ` Urban Renewal Oishitt - - _ 99W-Hall _ Panno-Burriham Main-Center {r Seoons-Commercial - V' Station Area Overlay . `•• •• .• �� •�Kms. • PNS �♦ °rte. � 40 ♦ 1- L' h 41* ti 1 f � � 1 .0 1 1 1 ♦ f ♦ 1 If � f ♦ 1 ♦ f ♦ 1 J m J J Q 35 Staff Commentary Insertion of this map at the end of the chapter is intended to create a uniform structure for all plan districts,and to clearly communicate the plan district boundaries adopted under Ordinance No. 10-2 to users of the Tigard Development Code. 36 ♦ _ �� .. - I f o SW-HALL BLV . .. . . . .• _.J, Staff Commentary Proposed changes to 18.620 are limited to (1) the establishment of a uniform naming convention for A chapters within the 18.600 series of the Tigard Development Code,and (2) the insertion of clearly legible maps to communicate plan district boundaries adopted under Council Ordinances No. 96-41 and No. 97-2. No changes to existing land use regulations or administrative processes are proposed. 38 Proposed Amendments CHAPTER 18.620 TIGARD TRIANGLE PLAN DISTRICT Sections: 18.620.010 Purpose and Applicability 18.620.015 Where These Regulations Apply 18.620.020 Street Connectivity 18.620.030 Site Design Standards 18.620.040 Building Design Standards 18.620.050 Signs 18.620.060 Entry Portals 18.620.070 Landscaping and Screening 18.620.080 Street and Accessway Standards 18.620.090 Design Evaluation 18.620.010 Purpose and Applicability A. Design principles. Design standards for public street improvements and for new development and renovation projects have been prepared for the Tigard Triangle Plan District. These design standards address several important guiding els adopted for the Tigard Triangle Plan District including creating a high-quality mixed use employment area, providing a convenient pedestrian and bikeway system within the Triangle,and utilizing streetscape to create a high quality image for the area. B. Development conformance. All new developments, including remodeling and renovation projects resulting in uses other than single family residential use, are expected to contribute to the character and quality of the area. In addition to meeting the design standards described in this chapter and other development standards required by the Community Development and Building Codes,such developments will be required to: 1. Dedicate and improve public streets, to the extent that such dedication and improvement is directly related and roughly proportional to an impact of the development; 2. Connect to public facilities such as sanitary sewer,water and storm drainage; 3. Participate in funding future transportation and other public improvement projects in the Tigard Triangle Plan District, provided that the requirement to participate is directly related and roughly proportional to an impact of the development. C. Conflicting standards. The following design standards apply to all development located within the Tigard Triangle Plan Dist_ri_ct within both the C-G and the MUE zones. If a standard found in this section conflicts with another standard in the Development Code, standards in this section shall govern. 39 Staff Commentary Proposed changes to 18.620 are limited to (1) the establishment of a uniform naming convention for all chapters within the 18.600 series of the Tigard Development Code,and (2) the insertion of clearly legible maps to communicate plan district boundaries under Council Ordinance No. 96-41 and No. 97-2. No changes to existing land use regulations or administrative processes are proposed. 40 Proposed Amendments 18.620.015 Where These Regulations Annly The reaWations of this Chapter apply to the Tigard Triangle P an District.The bo undari s of this elan district are shown on Man 18 620 A at the end of this chanter and on the official zoning man [no changes proposed 18.620.020-18.620.090] 41 Staff Commentary Proposed changes to 18.620 are limited to (1) the establishment of a uniform naming convention for all chapters within the 18.600 series of the Tigard Development Code,and (2) the insertion of clearly legible maps to communicate plan district boundaries under Council Ordinance No. 96-41 and No. 97-2. No changes to existing land use regulations or administrative processes are proposed. 42 ♦'•♦ 'o^ r , r� r r r r.r .r r r r r r • r�i, d fD Staff Commentary Proposed changes to 18.630 are limited to (1) the establishment of a uniform naming convention for all chapters within the 18.600 series of the Tigard Development Code,and (2) the insertion of clearly legible maps to communicate plan district boundaries under Council Ordinance No. 00-18. No changes to existing land use regulations or administrative processes are proposed. 44 Proposed Amendments Chapter 18.630 WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT Sections: 18.630.010 Purpose and Applicability 18.630.015 Where These Regulations AbblV 18.630.020 Development Standards 18.630.030 Pre-existing Uses 18.630.040 Street Connectivity 18.630.050 Site Design Standards 18.630.060 Building Design Standards 18.630.070 Signs 18.630.080 Entry Portals 18.630.090 Landscaping and Screening 18.630.100 Street and Accessway Standards 18.630.110 Design Evaluation 18.630.010 Purpose and Applicability B. Design principles. Design standards for public street improvements and for new development and renovation projects have been prepared for the Washington Square Regional Center Plan District. These design standards address several important guiding pritteip$k adopted for the Washington Square Regional Center, including creating a high-quality mixed use area, providing a convenient pedestrian and bikeway system, and utilizing streetscape to create a high quality image for the area. 18.630.015 Where These Regulations AV& The regulations of this chanter a12121y the Washington Square Regional Center Plan Distric-r The boundaries of this plan district are shown on Map 18,630.A located at the end of this chapter, on the official zoning mall 45 Staff Commentary Proposed changes to 18.630 are limited to (1) the establishment of a uniform naming convention for all chapters within the 18.600 series of the Tigard Development Code,and(2) the insertion of clearly legible maps to communicate plan district boundaries under Council Ordinance No. 00-18. No changes to existing land use regulations or administrative processes are proposed. 46 Proposed Amendments 18.630.020 Development Standards B. Development Standards. Development standards which apply within mixed-use zones in the Washington Square Regional Center Plan District are contained in Table 18.520.2. Existing developments which do not meet the standards specified for a particular district may continue in existence and be altered subject to the provisions of Section 18.630.030. E. Adjustments to Density Requirements in the Washington Square Regional Center Plan District The density requirements shown in Table 18.520.2 are designed to implement the goals and policies of the Comprehensive Plan. These requirements apply throughout the Washington Square Regional Center zoning districts, but the City recognizes that some sites are difficult to develop or redevelop in compliance with these requirements. The adjustment process provides a mechanism by which the minimum density requirements may be reduced by up to twenty-five percent (251/o) of the original requirement if the proposed development continues to meet the intended purpose of the requirement and findings are made that all approval criteria are met. Adjustment reviews provide flexibility for unusual situations and allow for alternative ways to meet the purpose of the code. 18.630.030 Pre-Existing Uses and Developments within the Washington Square Regional Center Plan District Mixed Use Districts /no further changes proposed for this section] 18.630.110 Design Evaluation The provisions of Section 18.620.090, Design Evaluation, apply within the Washington Square Regional Center Plan District. 47 Staff Commentary Proposed changes to 18.630 are limited to (1) the establishment of a uniform naming convention for all chapters within the 18.600 series of the Tigard Development Code,and (2) the insertion of clearly legible maps to communicate plan district boundaries under Council Ordinance No. 00-18. No changes to existing land use regulations or administrative processes are proposed. 48 w ' Washington Square Regional Center Plan District City of Tigard 1 N r Man D*W Boundary O - Tigard City Boundary o x , Mwim Io 14, o '! O GO - f9 1 Staff Commentary Proposed changes to 18.640 are limited to (1) the establishment of a uniform naming convention for all chapters within the 18.600 series of the Tigard Development Code; (2) the changing of the name of this district from"Durham Quarry"to`Bridgeport Village" to reflect the current name for the shopping center;and (3) the insertion of clearly legible maps to communicate plan district boundaries under Council Ordinance No. 01-07. No changes to existing land use regulations or administrative processes are proposed. 50 Proposed Amendments Chapter 18.640 DURHAM QUARRY DESIGN STANDARDS BRIDGEPORT VILLAGE PLAN DISTRICT Sections: 18.640.010 Purpose 1$.640.015 Where These Regulations Apply e 18.640.020 Permitted Uses 18.640.030 Conditional Uses 18.640.040 Applicability 18.640.050 Development Standards 18.640.060 Determining Net Acres 18.640.070 Signs 18.640.080 Reserved 18.640.090 Reserved 18.640.100 Access 18.640.200 Design Standards 18.640.300 Design Compatibility Standards 18.640.400 Landscaping and Screening 18.640.500 Off-Street Parking and Loading 18.640.600 Environmental Standards 18.640.700 Floodplain District 18.640.800 Wetlands Protection District 18.640.010 Purpose The purpose of this district is to recognize and accommodate the changing commercial/residential marketplace by allowing commercial and residential mixed uses in the approximately seven-acre portion of the Durhmn Qttftrry Bridgel2ort V'llage site that is within the City of Tigard in the Mixed Use Commercial (MUC-1) Planning District. Retail, office, business services and personal services are emphasized, but residential uses are also allowed. A second purpose is to recognize that when developed under certain regulations, commercial and residential uses may be compatible in the Mixed Use Commercial District. 18.620.015 Where These Regulations Annly e The regulations of this chapter apply to the Bridu ort V_11am Plan District The boundaries of this elan district are shown on Map 18,640.A located at the end of this chapter, and on the official zoning 51 Staff Commentary Proposed changes to 18.640 are limited to (1) the establishment of a uniform naming convention for all chapters within the 18.600 series of the Tigard Development Code; (2) the changing of the name of this district from"Durham Quarry"to"Bridgeport Village" to reflect the current name for the shopping center;and(3) the insertion of clearly legible maps to communicate plan district boundaries under Council Ordinance No. 01-07. No changes to existing land use regulations or administrative processes are proposed. 52 Proposed Amendments 18.640.040 Applicability A. These design standards are applied in the City of Tigard to the Parry Village Plan District Site. The boundaries of this site are described by the Intergovernmental Agreement dated March 26,2002. B. Conflicting standards. In addition to the standards of Chapter 18.520 (Commercial Zoning District) and other applicable standards of the Development Code, the following design standards apply to all development located within the Durham Qtmrry Bridgeport V'1 ag Plan Dis ri - within the MUC-1 zone. If a standard found in this section conflicts with another section in the Development Code,standards in this section shall govern. 18.640.070 Signs In addition to the requirements of Chapter 18.780 of the Development Code, the following standards shall be met: A. Zoning district regulations. Residential only developments within the MUC-1 shall meet the sign requirements for the R-40 zone, Section 18.780.130.B; nonresidential development within the MUC-1 shall meet the requirements of the C-P zone, Section 18.780.130.D. B. Sign area limits. The maximum sign area limits found in Section 18.780.130 shall not be exceeded;no area limit increase will be permitted. C. Height limits. The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not extend above the roof line of the wall on which the signs are located. No height increases will be permitted. D. Sign location. Freestanding signs within the Puritttm Qttftrry Bridgeport Villagc Plan District shall not be permitted within the required L-1 landscape areas. (Ord. 09-13) 18.640.200 Design Standards A. Purpose and applicability. 1. Design principles. Design standards for public street improvements for the Bridgeport Village Plan District site address several importantguiding principles, including creating a high-quality mixed use area, providing a convenient pedestrian and bikeway system and utilizing streetscape to create a high quality image for the area. 2. Development conformance. New development, including remodeling and renovation projects resulting in non-single family residential uses, are expected to contribute to the character and quality of the area. In addition to meeting the design standards described below and other development standards required by the Development and Building Codes, developments will be required to dedicate and improve public streets, connect to public facilities such as sanitary sewer, water and storm drainage, and participate in funding future transportation and public improvement projects within and surrounding the Dttrkarn--Qtarry Bridgeport V lla e Plan District site. 53 Staff Commentary Proposed changes to 18.640 are limited to (1) the establishment of a uniform naming convention for all chapters within the 18.600 series of the Tigard Development Code; (2) the changing of the name of this district from"Durham Quarry"to"Bridgeport Village" to reflect the current name for the shopping center;and (3) the insertion of clearly legible maps to communicate plan district boundaries under Council Ordinance No. 01-07. No changes to existing land use regulations or administrative processes are proposed. 54 Bridgeport Village Plan District City of Tigard OG'Py w -s ` Plan DWWt Boundary �1� Z Tigard City Boundary cr- CIO C LLU c Ji CO) Ji z 00 SW LOCUST ST ra • a • V Ax — 1 � C 00 O O 'U O 5 a Staff Commentary The text amendments on the opposite page establish the name and structure for a new chapter to be inserted as 18.650 of the Tigard Development Code. The purpose of this chapter is to address Project Issues 2 through 5,as outlined in Section III of this project report. 56 Proposed Amendments Chanter 18.650 Durham Advanced Wastewater Treatment Facility Plan District Sections: 18.650.010 Purpose 18.650.020 Where These Regulations ALlp 18.650.030 Uses 18.650.040 Development Standards 1$.650.050 Buffering and Screening Standards 18.650.060 Connectivity Standards 18.650.070 Off-Site Impact Standards 18.650.080 Additional Standards for .on itional lses 18.650.090 Discretionary Review 18.650.100 Temporary Off-Site Impact Pernit 57 Staff Commentary The proposed amendments on the opposite page establish the purpose and legislative intent of this chapter.When making interpretations of the text,the Community Development Director or his/her designee will turn to this section for guidance before rendering a decision. The proposed purpose statement is based upon the language of an Intergovernmental Agreement(IGA) to undertake this project(See Appendix V for a copy of the IGA). 58 Proposed Amendments 18.650.010 Pumose A. Pumose• The pumo e of this district is to regulate the development of Clean Water Services (CWS) Durham Advanced Wastewater Treatment Facility (Durham Facilitvl in such a manner that the Durham Facility is able to Grow and adapt to new regulatory and environmental conditions,w ile avoi ing or i 'garingrnegative off-site impacts to adjacent land uses, Th Durham Advanced Wastewater Treatment Facility Plan District (Plan DistricthL intended to provide land use regulations that accomplish the following: 1. AHow expansion of the Durham Facility to accommodate regional urban grog=. h: 2. Allow modification and adaptation of the Durham Facility to satin f� changes in environmental or regulatory standards and to inco;Vorate new technoloey and methods in wastewater treatment_waste-handling and processing and wastewater, energy, and nutrient recovery: I Reduire avoidance,management and/or mitigation of negative off-site impacts on land uses adjacent to the Durham Facility, recognizing that certain impacts are inherent in the operation of a regional wastewater treatment facility and that such impacts should be balanced with the overa 1 conununity benefit such facilities ovid 4. Regulate land uses, site and badin2 design and environmental impacts from new development within the Plan District tatting into account the specialized o a Iona requirements and the regional service nature of the Durham Fa ih 5. Address transportation system impacts from future changcs at theDurham Facility; 6. Establish specific land use and permittinanrocesses for the Durham Facility that«gill allow Permit issuance on a timely basis:and 7. Ensure Clean Water Services is able to comply with state and federal regua 'on � r aining to wastewater treatment and to utilize the most efficient and timely technoloev available 59 Staff Commentary The amendments on the opposite page reference an official plan district boundary map and set forth the intent and characteristics of the three proposed sub-districts within. As described in Project Issue 3 of Section 111, the use of sub-districts is proposed as a tool to limit off-site impacts through differential land uses and development standards appropriate to the function and location of each area. By describing the intent and characteristics of each sub-district, the code is providing guidance as to the land use goals of each district and how the code is to be interpreted in unanticipated situations or if changes to sub-district boundaries or land use regulations are proposed. 60 Proposed Amendments 18.650.020 Where These Regulations Ap& A. Boundaries: The regulations of this chat2ter apmly to the Durham Advanced Wastewater Treatment Facility Plan District. The boundaries of this Plan District_and the sub-districts T therein_ are shown on Map 18.650.A at the end of this chapter_ and on the official zoning map. B. Sub-districts: The three sub-areas identified on MaI2 18.650.A and described below have different land use and develo ment regulations_ as set forth in 18.650.030 through 18.650.100. 1. Administrative Sub—District—This area is pri_mar lv intended to accommodate the administrative oft _ laboratories and other support functions of the treatment plant in an office park setting that is coml2atible with proximate residential and civic land uses to the north, east and west, The sub-district also contains ol2en sl2ace features that are intended to provide a buffer between wastewater treatment operations to the south and imp act sensitive land uses and transportation facilities to the north. 2. Operations Sub-District- This area is intended for the continued operation and expansion of the wastewater treatment facilities and accessory land uses. Wastewater treatment processes and accessory resource extraction and processing activities are expected and allowed by-rilZht in this area wi in an industrial setn . 3. Floodplain Sub-District—This area is within the 100-year floodplain and is constrained by the l2resence of locaU si2aificant inventoried wetlands, buffers, and vegetated corridors. Activities with minimal disturbance such as wastewater conveyance facilities and community recreation uses are allowed within is a a. . 61 Staff Commentary The proposed amendments on the opposite page establish the allowed land uses within each sub- r district. Use classifications included in the table are more fully described in existing chapter 18.130 of the Tigard Development Code. k The proposed land uses in Table 18.650.1 reflect a policy acknowledgement that the wastewater treatment plant is the primary land use within the district and is expected to remain as such for the foreseeable future. As such wastewater treatment and accessory land uses are classified as permitted land uses within the district. These accessory uses include public and private agencies partnering with CWS to produce new products and materials from the waste stream. Non-related land uses are no longer allowed within this part of the city,as the land use regulations have been specifically crafted for wastewater treatment. The only conditional land use proposed is limited to Industrial Services within the Administrative Sub-District,and is classified as such due to the potential for off- site impacts along the Durham Road corridor. For a more detailed background and discussion of these recommendations,please see Project Issues 2 and 4 in Section III of this project report. 62 Proposed Amendments 8.650.030 Use A. Types of Uses: For the jumoses of this chanter, uses are regulated within each sub-district of the Plan District in the following four ways: 1. A permitted (Pl use is a use which i p rmitt d outright within the applicable sub-district, but subject to all of the aj2phcable provisions of this tide. 2. A restricted 0 use is permitted outrilzht within the applicable sub-dist_ricr providing it is in compHance with special r airPments exceptions or-restrictions; 3. A conditional (C) use is a use the al2proyal of which is at the discretion of the Hearings officer, The ap royal process and criteria are set forth in Chal2ter 18,330 of this Title, 4. A prohibited (N) use is one which is not permitted within the applicable sub-district under any circumstances. B. Use Table: Permitted uses within the Durham Facility Plan District are limited to those set forth in Table 18.650.1 of this Chapter. Use classifications identified in Chanter 18.130 but not included in Table 18,650.1 are not allowed within the Durham Fa 'l 4 Plan Distdct Unanticipated land uses are subject to the provisions of 18,130,030, Table 18.650.1 Use Table Sub-Districts Land Use Administrative Operations Sub-District Floodplain Sub-District Sub-District Waste Related N P N Office P P N Basic Utilities P P P Utility Corridors P P P Industrial Services Cl P N General Industrial N R2 N Community Recreation P P P Wireless P P P Communication Facilities C11 Re_rtnaed to g4Mgrt faczlities that are clearly ac.•ce ssog to and sunggd the wastewater treatment faczlity and conducted entirely indoors with the exce tion aLWrkig. Sgport61d ities are pe"mitted conditionally n�thin the Administrative Sub-District. Z27 Restricted to industrial land uses that are clearly accessory to the wastewater treatment faahA and utili_ raw materials recovered diverted and/or produced by the collection and treatment ofwadewater. 63 Staff Commentary The amendments on the opposite page establish setback and height limits for the proposed sub- districts. The entire plan district is subject to a fifty foot setback,with the exception of a special setback along Durham Road intended to protect the existing large fountain and landscape buffer. These setbacks represent a significant increase over existing conditions within those portions of the district presently zone R-4.5 and along the Durham Road corridor. Setback exceptions are set forth for underground and low-profile equipment. These provisions will allow Clean Water Services to replace or retrofit existing venting facilities to better control noise and odor. For more discussion of these requirements, see also Project Issues 2 and 3 in Section III of this project report. 64 Proposed Amendments 18.650.040 Development Standards Develonment within the plan district is subiect to the following d, evelonment standards Relief or variation from the ao£nlicable requirements of this title may be requested through an adjustment or variance, as set forth in Chapter 18.370 (Variances and Adjustments) A. Setbacks* Development wjthin the Plan District h ll be subject o the fo log=ung setback standards in order to reduce off-site impacts to adio, ining uses and nubhc fac hties 1. Develol2ment shall maintain a 50 foot actback from.the perimeter of the Plan District apt as set forth in 18 650 040 A 2 through 5 b low 2. Development within the Ad i istrative Sub-District sh ll hLe subirst to a setback from Durham Road and 85'h-Avenue right of ways as measured from the southeastn dg an easternmost point of the mein rnamen al fountain, as set forth in Ma In 8 650 B 3. Development located entirely underaround is exempted from setback requirements provided all other requirements of this title are satisfied including buffering and screening standards 4. Venting fac'ijries related o odor control systems are mowed within the required setback area Provided they are flush or nearly flush with finished aade• integrate with e i 'nQ landscal2iniz t ro gh the use of a cover composed of Gravel sand bark Living groundcover or similar materials; and com ly with all other requimments of this title in 1 ing off-site impact standards Ancillan�gepment servicing the venting facilities such as irl'g tion control panels and enclosed fans are aHowed provided they are low 12roftle or flush with the ground designed to integrate with existing and alLing and comply with all other requirements of this title including off-site impact standard 5. New structures fronting a pubhc road shall maintain a setback of not less h n on -half of the projected ultimate road width as measured from centerline of the adjacent roadway utilizing street width set forth in 18.810.030 of this title (Street Standards) B. Height Limits: Development shall meet-the folio 'ng sub-dist-riot height requirements in order to reduce off-site impacts to adjoirjng uses and pubLjc facilities: 1. Development within the Administrative sub-district shaH be s biect to a 45 foot hei h imi 2. Development within the Operations Sub---District h ll be s biect to a 50 foot aci2btlmiL 3. Development within the Floodplajn Sub-Die ric shall-be subject to a 30 foot hei2ht limit, 65 Staff Commentary The amendments on the following page establish general development standards for the facility. Proposed regulations for lot coverage,accesson, structures, signs,and minimum lot size are identical to that of the I-P: Industrial Park zone. 66 Proposed Amendments C. Lot Coverage and Landscajinx Development within the plan district shall be subject to the following lot coverage andel landscapinL7 standards 1. Development within the Administrative and Op radms Sieh-Districts Shall he c, 1Z�r o a maximum lot coverage of 75%_inclusive of all b 'ldings and impervious s rfa and minimum landscape req * ment menof 25Y. D. Accessory s n tures•Accessorz Structures sh 11 be subject to the following standards- 1. Accessory structures are 12 .tted and shall megulaj2ghcable development standards 2. All freestanding and detached towers antennas, wind-generating devices and I wing dishes_ except as otherwise regulated by Wireless Communication Facilities (Chapter 18.7981_ shall have setbacks edual to or greater than the heij4ht of the prol2osed structure Suitable protective anti-climb fencing;and a landscaped planting screen,in accordance withha ty er 18.745, Landscaping and Screening shall be provided and maintained around these structures and accessory attachments E. Sims: Sianays within the elan district shall he subject to the Came regulations as that of the T-P• Industri1 Park Zoina District. F. Lot Size: Development within the plan district sha 1 be subiect to the following lot size and width regulations: 1. Dem ment within the plan district shatl not be s object to a minimi m lot size, 2. Development within the plan district shall be suiect to a 50 foot minimum lot width. 67 Staff Commentary Amendments on the opposite page establish regulations for buffering and screening and connectivity standards. Buffering and screening standards are determined by sub-district,and utilize standards already present in Chapter 18.745 (Landscaping and Screening). The operations sub-district is subject to the most rigorous standard present in the code,requiring a buffer of 40 feet in width containing trees, shrubs,and a hedge, fence,wall,or berm. Lesser standards are required for the Administrative and Floodplain sub-district due to the less impactful nature of the land uses allowed in those areas. It should be noted that buffering and screening is only required along the perimeter of the proposed plan district. With traffic on SW 85`h Avenue predominantly limited to those accessing the wastewater treatment facility,or incidental pass-through traffic using public trails on CWS property, staff does not recommend a mandatory buffer or screening along the interior of the plan district. Circulation standards are proposed for modification due to the combination of the operational needs of the plant,combined with the access needs of Tualatin Valley Fire& Rescue,as outlined in Issue 5 (Site Circulation) in Section III of the project report. If adopted, the proposed connectivity standards would relieve CWS of having to extend Waverly Place through to 85`"Avenue,while ensuring the development and preservation of a permanent emergency vehicle access to Waverly Estates from 85`h Avenue. For more discussion of these issues,please refer to Project Issues 3 and 5 as described in Section III of this project report. 68 Proposed Amendments 18.650.050 Buffering and Screening Standards A. New Development must conform to the req uiremen s of Landscapina and Screening(see Chal2ter 18,74 5), subject to the foflowing exceptions to Buffering and Screening staudards set forth in Tables 18.745.1 and 18.745.2: 1. New development within the Administrative Sub-District h ll meet buffer ands d D along e eastern boundary of the sub-district, as set forth in Table 18.754.2. no buffering or screening is required along the northern and southern boundaries of the sub-district 2. The Operations Sub-District shall meet buffer standards F along all boundaries of the sub- district as set forth in Table 18 754 2 with the exception of the boundary between the Operations Subdistrict and Administradve Subdistrict , 3. The Floodplain Sub-District shall be subiect to buffer standard A as set forth in Tabl 18.745.2. 4. In Lieu of these standards a detailed buffer area landscaping and screeninlz 121an may submitted fQr-the for-theDirector's approval as an alternative to the buffer area landscaping and screen standards provided it affords the same degree of buffering and screening as required by the 18.650.060 Connectivity Standards A. New Development must conform to the requirements of Street and Utility Improvement Standards Chapter 18.810 . subject to the following exce tions 1. Developmen wi hip the Plan District is exeml2ted from block standards set forth in 18.810.040. 2. New development shall provide for emergench vehi lf-access drive between 85�Avenue and the eastern terminus of Waverly Drive The access drive shall be improved with an all-weather fire-apparatus access road and ke;box a ss in ordance with T Warin Valley Fre and Rescue Fire and Life Safety Reuuirements and the Oregon FLe Code 69 Staff Commentary The amendments proposed on the opposite page establish the purpose for off-site impact standards, exceptions to these standards, and their relationship to other regulations that may apply to the operation of the wastewater facility. The need for new impact standards is discussed in Issue 3 (Off-Site Impacts) of Section III of this project report. It should be noted that these standards are intended as clear and objective design standards for new machinery,equipment, facilities,operations and activities. They are intended as stricter and more clearly measured criteria than those presently contained in Chapter 18.725 (Environmental Performance Standards). Existing standards are unclear and make it difficult for an applicant or staff to demonstrate compliance with off-site impact standards,both at the permitting stage and in an enforcement investigation. The proposed standards are intended to remedy this difficulty. 70 Proposed Amendments 18.650.070 Off-Site Impact Standards A. P=ose: The 12urpose of this section is to establish standards for neeadve off-site impacts res, aping from noise odor, and light generated within the boundaries of the Plan District. Th standards provide a measuraUle way to control and regidate the specified off-site impacts and protects the occupants and operators of land uses a liacent to the Plan District B. Exemptions: The off-site impact standards do not a12121y to maclLner;� ea>ii�ment facilities and merations that were on the site and in compliance with existingregulations at theeffective date of this Chapter,but do apply to new machinery, uipment facilities orerations and activities Documentation is the rewonsibility responsibilityof the proprietor of the useif h i ani ion about when eqi pment or land uses were brought o the sits- C. Relationship to other Regulations The standards setforth in 18.650,070 do not c„£trscdc nr replace regulations of the Department of Environmental Qualit<, and any applicable County State_ and Federal Regulations. 71 Staff Commentary Existing noise standards are set forth in Chapter 18.725 of the development code,and Chapter 6.02.410-470 of the Tigard Municipal Code. The proposed noise standards for the plan district are based upon Oregon Department of Environmental Quality standards,as set forth in Oregon Administrative Rules (OAR) 340-035-0015,and input from CH2MHILL and Clean Water Services (see memorandum"Suggested Approach for Addressing Noise in Tigard's New Wastewater Treatment District"in Section V of this project report. They differ from existing standards in both decibel levels and that they measure an average over time rather than single incidents. Noise standards are proposed to be measured from the plan district boundary,and not the nearest noise sensitive unit(i.e. a home,school,or park) in order to ensure compliance over time as adjacent land uses change and grow. The following graphic is intended to provide an equivalency for decibel levels specified in the proposed code: A-Weighted Noise Source Sound Level Subjective at a Given Distance in Decibels Noise Environments Impression Shotgun (at shooter's ear) 140 Carrier flight deck Painfully loud Civil defense siren(100 feet) 130 Jet takeoff(200 feet) 120 Threshold of pain Loud rock music 110 Rock music concert Pile driver(50 feet) 100 very loud Ambulance siren(100 feet) 90 Boiler room Pneumatic drill (50 feet) 80 Noisy restaurant Busy traffic, hair dryer 70 Moderately loud Normal conversation(5 feet) 60 Data processing center Light traffic (100 feet);rainfall 50 Private business office Bird calls(distant) 40 Average living room library Quiet soft whisper(5 feety rustling leaves 30 Quiet bedroom 20 Recording studio Normal breathing 10 Threshold of hearing Source Beranek, 1998 7? Proposed Amendments D. Noise Standards: Development within the Plan District shall comRv with the foflov in=nl, nQ se standards: 1. Statistical Noise Levels: Equipment facilities, operation or activities within the Durham Facility Plan District shall not produce sounds that exceed in any one hour the noise levels specified in Table 18,650.2. as measured at the Plan District boundary or at the furthest boundan, of adjacent ind s ri11 - .on d pro rti �: Table 18.650.2 Noise Standards Allowable Statistical Noise 7AM—10 PM 10 PM —7 AM Levels, dBA 1 L5, 55 50 Li0 60 55 Li 75 60 1 Nuisr.leyel can be egu2led or exceeded x%of them . 2. Impulse Sound: Eauil2ment, facilities_ operations_ or activities within the Plan Di ri sh 11 not 12roduce any sounds emitted for a duration of less than one second which x d h sound ressure level of 100dB between the hours of 7am and loom or 80 dB between the hours of 10 pm and 7 am as measured at the Plan District boundag or at the furthest boundary of adjacent industrially-zoned pro i s 3. Measurement: Sound level instruments shall conform to the Tigard Municil2al CQdt L.02.420. 73 Staff Commentary Odor standards proposed on the opposite page were developed using input from Tom Card,an odor expert/consultant and as described in a memorandum titled "Background and Suggested Approach for Addressing Odor in Tigard's New Wastewater Treatment Plan District." This memorandum can be found in the Section V (Appendices) of this project report. Existing Tigard code prohibits "the emission of odorous gases or other matter in such quantities as to be readily detectible[emphasis added] at any point beyond the property line of the use creating the odors." This standard is difficult to enforce as different people have different thresholds for detection of any given substance. The proposed text amendment attempts to correct this through the use of readily available technology operated by a trained professional. Using a scentometer is a reliable way to quantify odor strength in terms of"Dilution-to-Threshold" (D/T) ratios. The D/T measurement is the most common method of measuring odors.This allows experts to quantify odors on a commonly recognized scale.To make a D/T measurement,carbon- filtered air is mixed with specific volumes of odorous ambient air. The D/T ratio is a measure of the number of dilutions needed to take the odorous air to its threshold. A Nasal Ranger is a hand held scentometer that has only six possible output values. These values are 2,4,7, 15,30,and 60 dilutions to threshold (D/T). Based on experience for wastewater odors a Nasal Ranger value of 7 D/T is a clear and almost universally objectionable odor. The next lower value,4 D/T however,is generally only a problem if it is sustained over a long time period. The lowest value,2 D/T,is almost imperceptible to any but the most discerning nose. Comparable D/T Standards are listed in the table below: Location Off-site standard or guideline Averaging times/Comments Allegheny County WW`IFP,PA 4 D/T(design al 2-minutes San Francisco Bay Area Air quality 5 D/T Applied after at least 10 district com laints within 90-days State of Colorado 7 D/T scentometer State of Connecticut 7 D/T State of Massachusetts 5 D/T Draft policy and guidance for composting facilities. State of New Jersey 5 D/T 5-minutes or less;for biosolids/sludge handling facilities. State of N Dakota 2 D/T scentometer City of Oakland,CA 50 D/T 3-minute City of San Diego,CA 5 D/T 5-minutes City of Seattle WA,WWTP's 5 D/T 5-minutes Wilsonville,OR 5 D/T &H2S of 5PPB—both 1-hour averaged Spokane,WA 5D/T &H2S of 5PPB Glare Standards are based upon standards used successfully by other jurisdictions in the region and are intended to protect adjacent properties from unwanted light intrusion. For purposes of comparison,one foot-candle is approximately the amount of light a birthday candle generates when measured one foot from the flame. 74 Proposed Amendments E. Odor Standards: Development ovitlin the Durham Facility Plan District ~hall comply with the following odor standards: 1. Equipment_ facilities_oyeradons_or activities shall not generate off-site facility odors detectable at the following scentometer levels using the Nasal Ranyer® field scentometer or eguivalent device as measured at the Plan District Boundary: a. Anyone instantaneous measurement of 7 or greater dilutions to threshold (DID; or b. Ten consecutive readinu equal to or greater than 4 D/T occurring over a ninimum four-hour period_ to a maximum one-week periQd. 2. If development is found to be noncompliant with the odor standards contained within 17.650.070.B above_Clean Water Services (CWS) shall be responsible for the followin.: a. Every scentometer reading;in excess of 4 D/T or Greater shall be tracked to the source of the odor by a trained and certified scentometer operator: and b. If the source of the odor is found to oriyinater from equipment_ facilities_ operations_ or activities within the Durham Facility Plan District_ CWS shall submit a rel2or within 90 days of the notice of violation that identifies the cause of the off-site odor and the stel2srequired to stop reduce_ and/or mitigate the odors. F. Aare Standards: Development within the Durham Facility Plan District shall coml2ly with the following 1. Glare sources sha 1 be hooded, shielded or otherwise located to avoid direct or r fl d illumination in excess of 0.5 foot candles_ as measured at the Plan District boundani or at the furthest boundary of adjacent industrially-zoned properties. 75 Staff Commentary The proposed language on the opposite page is intended to provide clarity as to what documentation is required from an applicant or property owner at the time of permit application, and from whom the city can accept a report measuring an off-site impact. 76 Proposed Amendments G. Documentation: The followiniz provisions shall al2plly, at the time of permit application or a rguest for enforcement: 1. When reviewing a en rmit alzplication the City may accPl2t an evaluation and a pWation certified by a restered engineer or architect as alZpropriate that the 12roposed development wi11_meet the off-site imp ct standard or standards in question The evaluation and explanation shall provide a description of the use or ment, processes and the mechanisms_ or ea pment used to avoid or mitiaa e off-site im act 2. If the Cite does not have the equipment id evaluate a gpecific complaint regarding off-site impacts it may request assistance from another agency or may contract with an independent expert to perform the necessary measurements The City may accept measurements made by an independent expert hired by the con roller or operator of the off-site impact source. 77 Staff Commentary This section sets forth how a project is to be reviewed for compliance with land use standards,and represents a major change from existing requirements. All development will fall into two review processes: (1) a conditional use permit review followed by building permits,or(2) directly to building permits. All development not requiring a conditional use is permitted outright without a site development review or associated minor modification,and may proceed directly to a building permit. City staff will verify conformance with land use standards as part of normal building permit review. The reason for this recommended change is discussed in Project Issues 2 and 4,as found in Section III of this project report. 78 Proposed Amendments 18.650.080 Discretionary Review T A. Development classified as a conditional use in Table 18.650.1 shall be reviewed in accordance with the Procedures and requirements set forth in 18.330 (Conditional Use) of this title B. Development meeting one or more of the following criteria shaH be reviewed in accordanc with the prQcclires and requirements set forth in 18,330 ( on litional ) of of t 1. An increase in vehicular traffic to and from the site in excess of 100 vellides_er day" 2. Theo ning of a new access way onto Durham Road or the improvement of the existing access way onto Waver-y Drive for other than emergency ve i le a . . C. Development not meeting the criteria of 18.650.080.A or 18.650.080.B is exempted from site development review as set forth in 18.360. Review for compliance with applicable standards shall be performed in conjunction with obtainin2 a building permiL 79 Staff Commentary The following standards only apply to conditional uses within the administrative sub-district,and are intended to protect the Durham Road corridor from incompatible development that may present unwanted aesthetic impacts. 80 Proposed Amendments 18.650.090 Additional Standards for Conditional Uses within the Administrativeub-District A. Purpose: Conditional Uses are permitted within the administrative sub-district but have the potential to create unpleasant aesthetic impacts to nearby land uses and travelers upon Durham Road and Hall Boulevard. These standards are intended to reduce off-skc-immcu and ensure newdevelopment associated with these activities presents the appearance of a high ,ali office cam us regardless of the interior activity B. Standards: Conditional Uses within the Administrative Sub-District shall be subject to the following development standards in addition to those set forth in 18.330.030 and 18,330-050; 1. Outside Storage - There shall be no outside storage of materials or equipment associated with a conditional use in the Administrative Sub District, other than incidental delivery and temporaa staging of materials and equipment. 2. Ground-Floor Windows — All street facing elevations along public streets shall indude a minimum of 50% of the ground floor wall area with windows or glazed door �L The ground floor wall area shaH be measured f om three feet above grade to tine feet above grade the en 're width of ther facing elevation Glazing covered with al2phed window film shall not be considered in the calculation to meet this standard 3. Building Facades — Facades that face a pub is street shall extend no more han 0 f without 12rovidine at least one of the followin a feat>>res: (al variation in building materials: Ib1 a building off-set of at least 1-foot (c) a wa 1 area that is entirefv sett rated from other wall areas bya roiecdon_ such as an arcade;-or (d1 by other design feawr s that reflect the bb's structural system. 4. Building Materials — Plain concrete block plain concrete corrugated metal, "ood sheet press board fiber cement products or vinyl siding may not be used as exterior finish materials, 5. Roofs - Rooflines shall be desimed as an extension of the primary materials used for the building and should resl2ect thebuilding's structural system and aitectural smL. 6. All roof-mounted equipment must be screened from view from adjacent public streets Solar heating and photovoltaic panels are exempted from this standard 81 Staff Commentary The section proposed on the opposite page is intended to provide for temporary waiver from off- site impact standards. These permits are intended for unexpected situations or where the strict application is impractical when dealing with things like major repairs,unexpected system breakdowns,temporary construction,and the like. As part of the permit review, the City will ensure that appropriate mitigation measures are in place,including a 24-hour telephone line that is available for nearby residents to get information or to lodge complaints about the project directly to Clean Water Services. On February 4,2013 the Planning Commission made three specific edits to these standards. 1. They moved to clarify the title and purpose of the chapter to make clear where the location of these standards apply (only the administrative subdistrict),and what the desired policy goal was (the appearance of a high quality office campus). 2. Amended the glazing standards to prohibit applied window film,and ensure that only glazed doorways may contribute to the ground floor window standard. 3. Expanded the prohibited building materials list to include fiber cement products. 82 Proposed Amendments 18,650.100 Tem oraM Off-Site Impact Permit A. latent Specific permits may be granted as deemed necessary to allow activities that�nrotect the public health and welfare, and where strict compliance with Noise. Odor_ and/or Light Standards may be inappropriate because of special ' at render strict omn ian unreasonable ' WaciicaL or would result in the reduction or cessation of wastewater treatment B. Method of Review:Temporary off-site im act n rmi s o noir odor, and/or lilzht standarda shall be processed as a Tune I l2rocedure as governed by 18,390,030 using approval criteria listed in Subsection 18.650.090.D below. C. Exceptions: Responses to an unexpected failure of a critical waste treatment process are exempted from the requirement for a tem o a , off-site implCt neurit for up to hr P busines days_whereupon the facility operator shall submit a complete application for a Temporary Off- Site Impact Permit. D. Approval Criteria: The Director shaU approve. approve with conditions or den; an application for a temporary off-site impact permit based on a finding that the following aiZprovaI criteria are satisfied: 1. The strict application of the noise odor or light standards set forth in 18,650,0701a unreasonable,impractical-_or threatens rzuww hcallth_ 2. A demonstration that consideration for ire land uses and appropriate aitigation measures have been incorporated into h qu 3. A public outreach plan will be implemented including a 24-hour telephone contact number for information and or to lodge complaints about theproject and 4. The off-site impact permit is limited in time and s gpe 83 Staff Commentary The proposed map on the opposite page sets forth the plan district boundary and sub-districts within the district boundary. Note the plan district extends to the far side of the right-of-way along SW Durham Road and SW 85`h Avenue. This boundary recommendation was requested by CWS in order to ensure that as the roadways are widened in the future,the point at which off-site impacts are measured becomes further away and not closer to the facility. Staff finds the users of the public right of way are less sensitive to off-site impacts such as noise,lights,and odors due to the heavy traffic in the area,and as such the request will not impact nearby sensitive land uses. 84 Nil ILI 0.2 cl Boundary -4p th < R Plan Distfi r pr � . y a 00 )i a E till i Subdistrict a 4. t Floodplain z of ii o- Subdistrict WO + Ik- Staff Commentary The proposed graphic on the opposite page establishes a setback line from Durham Road which is intended to preserve the existing fountain and landscaped open space in front of Durham Facility. 86 Durham Facility Plan District DURHAM RD. ■ f FOUNTAIN",- OUNT/UN SETBACK - UNE s. SETBACK - ! UNE \ WA 00 i4� \ x y o a This page intentionally left blank. 88 SECTION V: APPENDICES 89 Technical INIemorandum TO: John Floyd/COT,Tom McGuire/COT FROM: Randy Naef/CWS CC: Nate Cullen,Tom Card/EMS,Lynne Chicoine,Tim Brooks DATE: September 25,2012 SUBJECT: Background and Suggested approach for Addressing Odor in Tigard's New Wastewater Treatment Plan District This memo was prepared to help provide decision support information as to whether and how an odor regulation could be implemented as part of the plan ckstrict prooess. I have taken information from several tech memos from Tom Card,our odor experVconsultant with Ernnrorunental Management Consulting(with some assistance from CH2M Hill regarding Wilsonville, Spokane,and Deriver).It is of interest to note that he recommends against a quantitative standard because of known problems with these types of standards However there are mitigating considerations that make a quantitative standard desirable from both the City's and the Districts standpoints. There have been Wensive studies concerning odor regulations over the last few years suggesting a high level of interest in it. The studies have involved reviewing local,state,national,and international regulations The memo provides a summary of these regulations by type,and provides some example threshold values for the quantitative regulations. Existing Types of Regulations Current odor regulations fall into one or more of the following categories: Compound-specific ambient air limits. The most common Compound used is hydrogen sulfide(1-12S). However,ammonia and mercaptans have also been included in some regulations. There is a National Ambient Air Standard for hydrogen sulfide of 30 ppbv averaged over a 24 hour period. However,this standard is only used for planning purposes(new facilities that are mayor sources of air pollutants must demonstrate that they will comply with this standard) Many states have ambient air standards for HrS as well. Figure 1(Skrtic 2006)slows how the state standards compare. Note that Oregon is not on the list. Figure 1.Summary of State HzS Standards(concentration and averaging times). 91 pi-1,11:1:0) T_ **i-Mjj_ To provide perspective to these numbers, experience indicates thatthe normal odor threshold for H,S is 1 ppbv(0.001 ppmv). Most people notice R at 10 ppbv, and most people are annoyed at 100 ppbv and 5tartto complain, At 1,000 ppbv(1 pprrw)almost anyone will complain. The advantage of a standard Ike this is that at concentrations over 10 ppbv it is easily quantitatively and objectively measured. However,it requires a$15,000 instrument(Jerome 631-X). A concentrations between 0.1 and 10 ppbv R still can be measured, but not easily. There are two main disadvantages of th is type of sta nd at d: 1. H2S only dominates odors most of the time, but not all ofthe time. There are many odor sources (wastew ate r solids, livesto ck.even pulp mills)where H.S is not the dominant odorous compound. Th er efo re this typ e of regulation would be limite d to s o ur ces where H,S is dominate. 2. H2 S n atu ra ItV occurs in any natural anaetobic liquid impoundment. Therefore,th ere are many locations where H,S odors can be p res ent but with no man-made souroe. Th es e natural sources rarely exceed 10 ppbv,so 0 the standard is a b ove th at.then this problem is mitigated. However, in spite of th es e limitations,this type of regulation could be implemented for wastewater treatment plants if realistic val ues s u ch as the fo Ilowin g we re ch os en: 1. Never to exceed value off-site of 100 ppbv. 2. Maximum one hour aver ag e of 30 ppbv. It could be possible,but un Ik e bj,that a w astew ater treatment pla nt co uld me et thes e stan da rds and still generate complaints. Th e r efo re,with this type of regulation,additional Ianguage would a Is o be necessary to manage possible non,-H2S odors. N on-0 uarifitative Nuisance Statues The overwhelming majority of odor regulations fall into this category. The State of Oregon Statue is a nuisance statue. The C ity of Portland Statue reads- 33.262JO70 01" A.Odor stwdazd.Cmtrawus,frequerd.,(rrepetkire odors mxy notbe pro&x ed. The odor tlyes]hold afire point atwhich m odor miyjustbe detecte d q-) B.Exception.An odor detected for less than 15 minutes per day is exempt. Typically these statues are brief,but can elaborate on how a nuisance is determined. The advantages of this type of statue is that it covers all odor sources. The disadvantage is that it is subjective and based on the judgment of someone or group of individuals who may or may not have some sort of back agenda. Quantitative Limits Based on Olfactometery/Scentometer Whenever there is significant knowledge of odor sources and those sources have been quantified, quantitative limits can be implemented based on predicting ambient odor concentrations from a stack or impoundment(atmospheric dispersion modeling)or measuring ambient levels with a scentometer(Nasal Ranger). For the atmospheric dispersion modeling approach,this type of standard can be implemented in either of two ways: 1. Measure the stack concentration of a source and predict the maximum offsite ambient concentration from the source. 2. Pick a maximum offsite ambient concentration,and back model the required maximum source concentration that will provide that, A fundamental problem with this approach,that is often ignored,is that this approach utilizes two different types of measurement technology that have different absolute scales and different error characteristics. Source strength odors are measured be laboratory olfactometers with the sample taken and transported to the laboratory in a Tedlar bag. These measurements are very repeatable(precise)but the accuracy is unknown for most mixtures of compounds. The current European method(EN 13725)produces blank values(ultrapure air in a Tedlar bag)of between 25 and 50 dilutions to threshold(D/T). Therefore,no source lower than this can be measured. Ambient odors are measured with a scentometer(Nasal Ranger)and have a range of 0 to 60 D/T. A laboratory sample with a 100 DIT will normally have a Scentometer D/T of 5 to 20. In addition,odors follow Steven's Law(persistency)where some compounds can be diluted by 90°x,but the perception of odor only reduces by about 50%. Therefore,you need to choose either a laboratory olfactometer/model approach or a scentometer approach,they really cannot be mixed. Also note that the scentometer only has six values that it can output.They are 2,4,7,15,30,and 60 DR. This can be a problem because most odors become a problem at around 5 D/r,so 4 is normally too low and 7 is normally too high The take away lesson here is the laboratory olfactmeter's can't measure ambient odors and scentometer's can't measure source odors. In spite of these problems,this type of approach has been fairly widely implemented. Table 2 provides examples of quantitative standards used in this approach. The values for the City of Seattle include both the West Point and the Brightwater Wastewater Treatment Plants. Table 2.Exam DVT Standards. Location Off side stwWwd or uideNne Averagil tinnsZommisnts Allegheny WVVTP PA 4 DVT 2 minutes San Francisco Bay Area Air 5 DVT Applied after at least 10 quality district complaints within 90-days State of Colorado 7 DIT scentometer State of Connecticut 7 DVT Slate of Massachusetts 5 W Draft policy and guidance for oDmposbng facilities. State of New Jersey 5 DfT 5-mim Aes or less;for biosolids/sludge handling facilities. State of N Dakota 2 D/T scentom � e 93 City of Oakland CA 50 DIT 3-minute City of San Diego,CA 5 D/T 5-minutes City of Seattle WA WiNTP's 5 D/T 5-minutes Wilsonville,OR 5 D/r &H2S of 5PPB—both 1-hour averaged. Spokane,WA 5DIT &H2S of 5PPS Denver CO 15 D/T These have never run up against an aggressive court test,and if they did,they would likely fail. Most of the time,the non-scen Iometer methods are never actually tested for compliance. The scentometer standards are tested routinely,but require trained staff on scentometers to implement. Expert's observations of people using scentometers is that the measurements are not very good,even if trained. Technology Based Standards This type of standard either specifies a specific technology(type of odor scrubber)or best work practice to manage odors. tt the technology or work practice standard in implemented,then it is assumed that the ambient odor level is acceptable. This is not realty germane here. Zoning or Setback Distances This is a subset of the technology standards. For this approach the regulation assumes that if you are far away enough from your neighbors,they can'tsmell you. This is commonly used for agricultural installations. There may be something here that may help you,if setbacks can be established to eliminate the offstte odor issue. (References: Mahin(2004).Measurement an Regulation of Odors in the USA;Skrtic(20D8). Hydrogen Sulfide,Oil and Gas,and People's Health. Master's Thesis,UCBerketey.) 94 EMC's Initial Summary and Recommendations Based on this and the previous sections'texts EMC has difficulty recommending voluntarily implementing a quantitative standard. Indeed,most of the standards that exist today were implemented as a last resort to solve some intractable problem between the public and the odor source. However, If an odor standards approach is implemented the following are EMC's recommendations,in order of preference. All of them have fundamental problems/risks.Suggested thresholds are provided,but these are subject to discussion and refinement. 1. Use of a soentometer(Nasal Ranger)with a property line limit of 7 Dfr instantaneous,4 DIT four hour average. a. Pros i. Quantitative ii. Good for all compounds iii. Protective of both source and public iv. Fairly extensive track record of success in agriculture v. Can inexpensively confirm that your plant is in compliance prior to final agreement. b. Cons i. Requires trained staff ii. Requires Nasal Ranger iii. Staff training wears off(most people do not use it enough to get good at it). iv. Some people may think the 7 DIT is too high. Most people can clearly identify wastewater ours at 7 Dfr. However,the Nasal Ranger only can provide values of 2,4 or 7,and 4 is too low. v. Unlikely that the local regulatory staff would do this(sampling). 2. Atmospheric Dispersion Model Predicted Maximum Value of 5 Dfr offsite(Based on Laboratory Olfactometry of Sources)at a One Hour Average. a. Pros i. Quantitative ii. Based on EMC observations,Durham WWTP should be compliant as is. iii. Used successfully at West Point in Seattle for 20 years. iv. If this standard is met,you really can't smell this. The public is fully protected. b. Cons i Difficult to fully test(source test plus model). ii. A little too conservative for the treatment plant,certain process/atmospheric anomalies could put you over the limit. iii. it is a substardial project($50,000 to$100,000)to fully execute and document the source test and dispersion model,if required. iv. How/If to address/confirm actual compliance? 3. Ambient HzS standard of 30 ppbv for a one hour average. a. Pros i. Quantitative ii. Easy to measure(But requires$15,000 instrument). iii. Complies with Federal Standard iv. Most,but not all,wastewater treatment plants in compliance with this don't have off site odor complaints. b. Cons i. Does not cover all odors ii. Not completely protective of the public by itself. iii. Will likely need to buy a Jerome 6:31-X($15,00. 95 Summary Regarding the 'Scentometer' Approach to a Quantitative Standard Background Summary A Nasal Ranger is a hand held scentometer that has only six possible output values These values are 2, 4,71 15,30,and 60 dilutions to threshold(Drr) Based on experience for wastewater odors a Nasal Ranger value of 7 DIT is a clear and almost universally objectionable odor. The next lower value, 4 D/T however,is generally only a problem if it is sustained over a long time period. The lowest value, 2 D/T,is almost imperceptible to any but the most discerning nose Recommendation: Based on the information provided,and if a quantitative standard is necessary, it would our opinion that a confirmed and valid Nasal Ranger value of 7 or above would suggest that there would be a negative impact on neighbors. This level of odor will get an almost instant negative response from most of the general public. Therefore the threshold for instantaneous measurement should be 7 D/T by a trained Nasal Ranger operator with the odor clearly identified as a wastewater odor One of the short comings of the Nasal Ranger approach is that it always takes some time to respond to odor complaints,so if a member of the public does complain,the Nasal Ranger team will likely not be able to respond for possibly up to 24 hours In order to accommodate this,a longer term lower standard should also be available. If an observer with a Nasal Ranger detects a D/T value of 4 at least 10 times over a period of 4 hours to 1 week,this would also suggest a legitimate negative impact on neighbors This would allow for repeated visits to the same location to determine if there were a sustained odor issue. Note that for all these values the odor does need to be connected to the wastewater treatment plant All observations should be made with known contemporaneous wind speed and direction values to assure that the odors are not from roof vents or wastewater collection systems. Proposed Regulatory Language: 1 All odor measurements will be made using the Nasal Ranger®field scentometer operated by a trained and certified operator 2. The facility owner will be considered to be out of compliance if the off-site facility odor is at the following scentometer levels a. If any one instantaneous measurement is 7 or greater dilutions to threshold(D/T) b. If 10 consecutive readings equal to or greater than 4 DIT occur over a minimum four- hour,to a maximum one-week period c. For every scentometer reading of 4 D/T or greater,the scentometer operator will track the odor to the source to provide assurance that the facility is the odor source 3 If the facility is out of compliance by the above clause,the facility shall submit a report within 90 days of the notice of violation that identifies the cause of the off-site odor and the steps required to control the odors to the limits in the above clause 96 MEMORANDUM CH2MHILLo Suggested Approach for Addressing Noise in Tigard's New Wastewater Treatment District PREPARED FOR: Randy Naef/Clean Water Services PREPARED BY: Lynne Chicoine and Dave Baker REVIEWED BV: Tim Brooks,Winterbrook Planning DATE: September 5,2012 PROJECT NUMBER: 422389 Background The city of Tigard expressed interest in Clean Water Services(CWS)proposing updated noise limits for the new Wastewater Treatment District. The updated limits will benefit both CWS and the city of Tigard by providing limits that are more clearly defined technically and that are measurable. CH2M HILL recommends that CWS propose that the new Wastewater Treatment District address environmental noise by using the same limits as Division 35 of Chapter 340 of the Oregon Administrative Rules. OAR 35.340 lists regulations for Industry and Commerce that are typically applied to wastewater treatment plants throughout the State. The proposed regulations include applicable limits from OAR 35.340 and are attached at the end of this memorandum. Comparison of Proposed Noise Limits With Current City of Tigard Code Limits The city of Tigard noise limits are currently called out in the Tigard Municipal Code(TMC)Chapter 6.02,Article 5. The noise limits are mostly generic and are not applicable to a wastewater treatment facility. Industrial noise,to which the operation of a wastewater treatment facility could be argued is similar,is listed as an exception to the noise limit during hours of 7 a.m.to 8 p.m.under 6.02.450.F. The environmental noise regulations in the Oregon Administrative Rules are proposed for the new Wastewater District because: • The OAR sections are complete and clear on multiple technical issues. • The OAR limits are representative of those typically applied to wastewater treatment plants. Following is discussion of some specific issues. Technical Definitions Noise is a very technically detailed subject_ The proposed regulations put forth technically accurate definitions pertaining to noise. The definitions are consistent with OAR 340-035-0015. Noise Level Frequency Weighting Environmental noise typically includes noise in a wide range of frequencies. The audible range of frequencies will vary among individuals,but is approximately 20 hertz(hz)to 20,000 hz. However,the human ear does not detect noise in all frequencies equally Well. The middle frequencies are heard much better than noise in the lower and upper frequencies. To evaluate overall noise levels in a way that approximately duplicates the function of the human ear,almost all environmental noise limits are stated in terms of A-weighted sound pressure level decibels, abbreviated as dBA. Most regulatory limits for human exposure to overall noise(both environmental and EXPLANATION WWTE DISTRICT NOINE RULES_W/TN RtxE_OWS2012.00CX T 97 occupational),including the DEQ rules,are stated as dBA. The proposed limits for the wastewater treatment facilty would use dBA units. Measurement Averaging Time The DEQ specifies a one-hour period over which their statistical noise limits apply. This is an important issue as the measured sound level at any particular location can vary considerably with averaging time. Noise Level Measurement Descriptor Noise levels will vary over time. This is taken into account in most noise regulations by specifying the limits as either a statistical noise level or as an overall limit on a noise energy average basis. Statistical limits are stated as L_where the xx value is the percentage of time for which a noise level can be exceeded. For example,an L50 limit of 50 dBA means that 50 dBA is allowed to be exceeded 50°x6 of the time in the averaging period specified in the regulation. The DEQ overall A-weighted noise limits are clearly stated as statistical noise levels. Compliance Determination Procedures The DEQ guidance document includes an identification of the appropriate noise monitoring location for compliance determination as either;1)no more than 25 feet from the noise sensitive building where the noise is loudest,or 2)on the property line,whichever is farther from the noise source. Noise Limits for Properties with No Noise-Sensitive Units The TMC includes numerical noise level limits that apply for property on which no noise-sensitive units are located,for example 85"'Avenue. The DEQ noise rules apply to noise sensitive properties which avoids the potential requirement to meet a noise limit in an area where it will provide no benefit. Noise Limits Apply to Source Only The TMC noise limits as currently stated apply to any particular source of noise. However,there is sometimes confusion over the application of the limits. For example,the measured noise level at any location is typically affected by multiple sources. The noise levels currently measured at the west property line of the Durham AWWTF often exceed the TMC limits. However,the noise is usually dominated by non-AWWTF noise sources such as traffic and general urban background noise. The relatively steady noise from the AWWiF has been shown to be lower than the limits by measurements made when non-AWWTF noise is minimal. The proposed limits will apply only to the noise source so that compliance is not affected by noise sources outside the control of the District. Examples of Typical Noise Levels Following is information that can be used to generally describe acoustical environments with noise in the range of the proposed regulation and identifies some noise regulations from other jurisdictions that would be similar to our proposed regulation. Table 1 shows typical sound levels measured in the environment and industry and gives a context or reference for various noise levels_ 2 E1W AkOION WWW 0157WCT Nd9E RM0 WD7 RLIE_0905t012.00Cx 98 SUGGESTED APPROACH FOE ADDRESSING N015E IN TIGARD'S NEW WASTEWATER TREATMENT DISTRICT Table 1. Typical Sound Levels for Environment and Industry A-Weighted Noise Source Sound Level Subjective at a Given Distance in Decibels Noise Environments Impression Shotgun (at shooter's ear) 140 Carrier flight deck Painfully loud Civil defense siren(100 feet) 130 Jet takeoff(200 feet) 120 Threshold of pan Loud rock music 110 Rock music concert Pile driver(50 feet) 100 Very loud Ambulance siren(I DO feet) 90 Boiler room Pneumatic dnll(50 feet) 80 Noisy restaurant Busy traffic;hair dryer 70 Moderately loud Normal conversation(5 feet) 60 Data processing center Light traffic(100 feet).rainfall 50 Private business office Bird calls(distant) 40 Average living room library Quiet Soft"isper(5 feet).rustling leaves 30 Quiet bedroom 20 Recording studio Normal breathing 10 Threshold of hearing Source Beranek. 1458 EXP LANAI ON W WfF DISTRICT NOISE RUE E5_N1TN J IEE OS05E0IE.DOCX S 99 Figure 1 Mows additional noise levels for urban and suburban environments. Lyn DAY-NICHT QUALITATIVE SOUND LEVEL' DESCRIPTIONS DECIBELS OUTDOOR LOCATIONS LOS ANGE LES-3rg FLOOR APARTMENT NEXT TO FREEWAY LOS ANGELES-314 MILE FROM TOUCHDOWN AT MAJOR AIRPORT CITY NOISE D1 LAN6ELES-DOWNTOWN WITH SOME CON- IDOWITOWNMAJOR � STRUCTION ACTIVITY METROPOLIS) HARLEM -2Rd FL00RAPARTMENT ! VERY NOISY _� I+r BOSTON-ROW HOLING ON MAJOR AVENUE OIBY URBAN WATTS-S MILES FROM TOUCH DOWN AT MMOR AIRPORT u�L URBAN NEWPORT-3.5 MILES FROM TAKEOFF AT o '�� SMALL AIRPORT W LOSANGELES-OLD RESIDENTIAL AREA a SUBURBAN FILLMORE-SMALL TOWN CUL-do-SAC SMALL TOWN A SAN DIEGO-WOODED RESIDENTIAL DIET SUBURBAI-- Figurel. CALIFORNIA-TOMATO FIELD ON FARM Typical Noise Levels from Urban and Suburban Environments. (Source: Information On Levels Of Environmental Noise Requisite To Protect Public Health And Welfare With An Adequate Margin Of Safety,US Environmental Protection Agency,Office of Noise Abatement and Control,March 1974.) X dBA Ld,=X-10 LsodBA (night time) Noise Regulations in Other Jurisdictions Regulationsfrom nearby regional jurisdictions or jurisdictions with similarities to Oregon are as follows: The State of Washington has environmental noise limits in WAC 173-60. The limits vary,depending on the land use designations of the noise source and noise receiving properties. For noisefrom an industrial property,the limits for residential receiving property are 60 dBA during the day and 50 dBA at night. As with the DEQ limits,higher noise levels are allowed for short term periods during anyone hour. The City of Portland,Oregon has noise limits of 65 dBA during the day and 60 dBA during the night for residential receiving areas and industrial noise sources. The State of Minnesota limits Ls0 noise levels in residential areas to 60 dBA during the daytime and 50 dBA duringthe night. 5X%A YVW W F DSTRM WD RULE W1TILRULF`M05W12.D 100 I SUOOESTEO APN%CACH FOR AOORESSMO NOSE M TWAO'S NEW WASTE WATM TNEATTEhrr DISTRICT The State of Colorado limits daytime noise(defined as 7 am to 7 pm)to SS dBA and nighttime(defined as 7 pm to 7 am)noise to 50 dBA. The City of Anchorage,Alaska has noise limits of 60 dBA during the day and 50 dBA during the night for residential areas regardless of the land use of the noise source. EMANATNON WWTr OSTR-7 NOSE RUIES_WITII_RULE_OWST0I7.D= S 101 PROPOSED REGULATION xx.xxx.xxx Noise A.Qeneral pmvisiom. 1 It is the intent of these requirements to establish standards for noise generated at the site. 2 The City may grant specific variances from these standards as it may deem necessary to protect the public health and welfare,if it finds that strict compliance with such rule,regulation,or order is inappropriate because of conditions beyond the control of the District or because of special circumstances which would render strict compliance unreasonable,or impractical due to special physical conditions or cause,or because strict compliance would result in reduction in or cessation of wastewater treatment. a. Variances may be limited in time. b. The District will make its request in writing to the City and will state in a concise manner the facts to show cause why such variance should be granted. B.Noise requirements. 1. A noise source is a source which generates noises by a combination of equipment,facilities,operations or activities employed in the treatment of wastewater and associated recovery of resources. 2. A noise sensitive property is a real property normally used for sleeping or normally used for schools or libraries. 3. An appropriate measurement point shall be that point on the noise sensitive property,which is further tiom the noise source: a. 25 feet toward the noise souroo from that point on the noise sensitive building nearest the noise source; or b. The point on the noise sensitive property line nearest the noise source. 4. Statistical Noise Level-The District will not cause or permit the operation of a noise source if the statistical noise levels generated by that source and measured at an appropriate measurement point,exceed in any one hone, the keels specified as follows: Allowable Statistical Noise Levels, 7 AM-10 PM 10 PM—7 AM dBAot L" 55 50 Lu 60 55 L, 75 60 (1) L.-Noise level can be equaled or exoeeded x%ofdie time. 5. w�pulse Sound—The District will not cause or permit the operation of a noise source if a sand is emitted for a duration of less than one second which exceeds the sound pressure level of 100 dB between the hours of 7AM and 10 PM or 80 dB between the hours of 10 PM and 7 AM as measured at an appropriate measurement point. 6.Measurement- Sound level instruments shall conform to the Tigard Municipal Code 6.02420. 6 EOLMMTION WhW OISMVM NOISE FWLM VATII-RULE. *St012.00= 102