12/05/2005 - Packet Completeness
xf.
Review for Boards,
.47
Commissions and
Committee Records
CITY of TIGARD
Planned Unit Development Committee
Name of Board, Commission or Committee
December 5,2005
Date of Meeting
To the best of my knowledge these documents are a complete copy of the official record for
December 2005. A copy of the final approved minutes for this meeting was not on file. The
assumption is no meeting took place during the following two months;January and February
2006 as no meeting records were in the file for those two months. I have confirmed with
Downtown Redevelopment Project Manager Sean Farrelly that there were several months when
the committee did not meet. When the committee met again in March 2006,no minutes from the
December 2005 meeting were submitted for approval as part of the March 2006 agenda.
C.L. Wiley
Print Name
W
Signature
1/30/2013
Date
CITY OF • ' •N — COMMUNITY DEVELOPMENTDIVISION
1
� 1 I
PLANNED DEVELOPMENT REVIEW
COMMITTEE MEETING
MONDAY - DECEMBER 5, 2005
7:00 - 9:00 PM
TIGARD PERMIT CENTER CONFERENCE ROOM #3
1. ROLL CALL
2. DISCUSSION: PROPOSED CODE CHANGES
Review/discussion of staff analysis of Option as satisfying (or not satisfying)the PD Committees' goals
dated 5-4-05
Review/discussion of Option 2 revisions to move Planned Development Overlay Zone approval to the end
of the PD process
ADDITIONAL AGENDA ITEMS
Choose a method of making a recommendation to the City Council (majority/minority reports, staff
recommendations, or?)
Choose a date for the next PD Committee meeting (decision time)
4. ADJOURNMENT
Page 1 of 1
Monthly Report
November, 2005
(Month/Year)
for
Planned Development Code Review Committee
(Name of board, committee, task force, group, etc.)
1. Meetings were held on (list dates during month): A meeting for 11-16-05 was cancelled
at the Committee's request.
2. Current activities (summarize): Finalizing recommendation to City Council regarding
changes to Planned Development Code.
3. Status of long-term projects: NA
4. Number of volunteer hours contributed this month (noted number of volunteers and total
hours). 0
5. Attachments (include notifications, sign-in sheets, minutes, reports,press releases,
proposals, etc.) - List:
Agenda attached.
6. Any items to be scheduled for on the Council tentative agenda(list item and date):
None.
7. Status of members—are there any members scheduled to have their terms expire in the
next four months? Are any members indicating that they plan to retire, move or resign
soon? Please give details.
NA
I:ICURPLNUAMESIPD COMMITTEENONTHLY REPORT FORM-NOVEMBER,2005.DOC
MEMORANDUM
TO: Planned Development Review Committee
FROM: James Richardson, Associate Planner
RE: Draft Committee Recommendations from May 4, 2005
DATE: November 10, 2005
Greetings:
At the October 26, 2005 meeting of the Planned Development Review Committee it was suggested that
staff revi,=IA the current text of Ontinn for rnnSigtenry With the non's deVelonari at the May 4 2005
committee meeting and presented to the Planning Commission on May 12, 2005. The analysis below
attempts to fulfill that request.
Also enclosed (as requested by the PD Committee) is a "clean" copy of the Option 2 code revision as it
would appear in the Community Development Code (if adopted). This "clean" copy incorporates a
revision to the review process to reflect a progression from Concept Plan approval to Detail Plan
approval to Overlay Zone adoption by ordinance. It was suggested that application of the Overlay Zone
would lapse and not take effect if the Detail Plan were not implemented within specified time frames.
This is a major change.
Lastly, the invitation to meet on November 16, 2005 which I sent out via e-mail (on both November 2
and November 4) has resulted in 3 members responding as able to attend and 2 members responding
as unable to attend. Based on majority rule, the meeting will proceed as scheduled. Those unable to
attend are urged to submit written comments.
The Planned Development Review Committee has been meeting since April, 2004 to review and make
recommendations regarding changes to ordinances governing planned developments. The committee
met on May 4, 2005 and orally agreed on draft recommendations that the committee wants to discuss
with the Planning Commission. Due to Morgan Tracy's absence for his wedding, Gretchen Buehner
prepared minutes and the revised draft of recommendations. Individual committee members may have
additional recommendations. After the meeting with Planning Commission, the committee will meet in
early June to give direction for implementation of committee recommendations into draft ordinances.
The committee plans to meet with City Council with these draft ordinances at the July or August
workshop meeting. The committee appreciates the opportunity to meet with and receive input form the
Planning Commission on the draft recommendations.
MAIN COMMITTEE RECOMMENDATIONS — applying directly to PD code
1. Create a toolbox of ideas and concepts for Planning Commission and applicants to use to
develop and assess the merits of proposed PD's (You have a copy of the draft Morgan prepared
before he left).
STAFF RESPONSE: The "Planning Commissioner's Toolbox" appears to be complete in its present
form. Generally, the design concepts and techniques contained in the toolbox are general and are more
directly applicable to large-scale communities sited on unconstrained lands. They would have limited
use in situations involving small-scale, environmentally constrained sites where the Planned
Development is most likely to occur.
2. Create a method to transition lot sizes.
STAFF RESPONSE: The lot transition mechanism appears under 18.350.060 C-1 (page 14) as a
requirement that perimeter lots in a PD be at least 80% of the area of the underlying zone.
3. Ensure the new development is consistent with the surrounding neighborhood (to the extent
practicable in light of changing density requirements).
STAFF RESPONSE: This goal may be impractical inasmuch as surrounding neighborhoods may have
been created many years ago and would typically have larger lot sizes or even acreages with
agricultural uses. "Compatibility" with surrounding neighborhoods may be possible provided that we
agree to the premise that low density residential development is compatible with medium density
residential development which is compatible with high density residential development; PROVIDED
THAT adequate buffering and screening is provided as prescribed on page 20 (18.350.060 E-3-b).
4. Place burden on applicant to demonstrate that a PD is a "better" solution. The
developer/applicant should address how their project achieved the following principles:
a. Housing stock diversity
b. Architectural detail and diversity
C. Pedestrian amenities
d. Improved public safety
e. Accommodates children and/or seniors
f. Sustainable development
g. Preservation of significant natural resources
h. Integration with the existing neighborhood
STAFF RESPONSE: Principals (a. Housing stock diversity and b. Architectural detail and diversity) are
typically not a matter of governmental regulation and are driven by market forces which change over
time. An individual developer or project could not possibly demonstrate such a showing except under
the most extraordinary circumstances and would never choose to do so since these characteristics do
not add to the value of their product. Despite these limitations, section 18.350.060 B-3 (pages 13-14) is
devoted to an attempt to codify these intangibles.
Pedestrian amenities (c. Pedestrian amenities) which go beyond the usual frontage improvements for
sidewalks are touched upon under section (18.350.060 E-3-h-iii; page 22), but the density bonus
(18.350.060 E-2-c-ii; page 17) is tied to a percentage of "total project cost'. Such an estimate is
unknowable and would change daily.
Section (18.350.060 E-3-g) makes an attempt at encouraging "d. Improved public safety", through the
use of varied materials to delineate public vs. semi-public vs. private spaces, but no rationale is offered
to support this "suggestion". An individual developer or project could not possibly demonstrate such a
showing except under the most extraordinary circumstances.
The accommodation goals "e. Accommodates children and/or seniors" are mutually exclusive.
Residential projects which accommodate children do so with playgrounds (active recreation areas) and
pathways/sidewalks (goal 4-c above). Senior housing might have pathways/sidewalks and maybe a golf
course (active recreation area), but never a playground. These are market-driven goals and should not
be a matter of regulation.
Goal 4-f 1. Sustainable development" means that a development can endure over the long term
without suffering the cost of renewal or redevelopment. Again, these are market-driven economic
choices which change over time. 1 find nothing in the PD Ordinance (existing or revised) designed to
address this.
The idea of providing development bonuses and incentives to preserve and protect sensitive lands (
goal 4-g; g. Preservation of significant natural resources" is central to the Planned Development
concept and addressed under Section (18.350.060 E-2-c-1; page 17).
Goal 4-h "h. Integration with the existing neighborhood" is a re-statement of goals 2 & 3 above.
5. Clearly separate the concept from the detail plan.
STAFF RESPONSE: The revisions in option 2 provide entirely separate and complete sections for the
Concept Plan (18.350.050) and the Detail Plan (18.350.060).
6. Open space as a mandatory requirement, some portion to be functional for humans.
STAFF RESPONSE: The mandatory open space dedications for a Planned Development are
established in the revisions for Option 2 at 20% (sections 18.350.060-3-1-i & 18.350.060-C-2-d).
Mandatory open space allocations and/or performance standards related to the class of open space
provided (i.e.; riatural, passive, active) may be inappropriate, since the capability of a particular site to
contribute in a development context will always vary.
7. Promote sustainable development, including storm water.
STAFF RESPONSE: Development that can endure over the long term without suffering the cost of
renewal or redevelopment (including stormwater management systems) is an evolving approval
criterion which is covered under general site development standards and not functionally related to the
Planned Development approval.
8. Enhance the neighborhood meeting process.
STAFF RESPONSE: This is outside of the Pd process and a function addressed under 18.390 TDC,"
Decision-Making Procedures".
9. Encourage general additional amenities.
STAFF RESPONSE: Additional amenities in the form of pedestrian/bicycle paths and open space
improvements such as pavilions, park benches, picnic tables, etc., are addressed under Section
18.350.060-4-E-c-ii (pages 17-18). Additional amenities beyond vacant tracts of open space land are
precisely what Planned Developments should be targeted at.
10. Develop standards that will promote walkable neighborhoods.
STAFF RESPONSE: Improvements for sidewalks are touched upon under Section (18.350.060 E-3-h-
iii; page 22), but the density bonus (18.350.060 E-2-c-ii; page 17), is tied to a percentage of "total
project cost"and is tied to "facilities ... shown on an approved plan". This does not really provide a true
incentive to go beyond what the regulations require which is the underlying purpose of the Planned
Development.
11. Density as a function of design excellence.
STAFF RESPONSE: "Design excellence" is a truly subjective term which is addressed throughout all
planned unit development ordinances including the existing PD Ordinance and the pending Option 2
revision. The elemental question for each of these regulatory schemes is "how can we encourage
public-serving amenities without expending public funds?" The answer is through innovative
residential/commercial/industrial developments which are allowed increased density/intensity and/or
relaxed development standards in exchange for the desired (and usually site-specific) amenities.
12. Re-zone to reduce density and delete unbuildable land such as CWS facilities from buildable
land survey (see policy recommendations below).
STAFF RESPONSE: Goal 12 is addressed under Section 18.350.060 E-2-c-i (page 17) which states
that lands affected by floodplains, wetlands, steep slopes, drainage ways or other constraints are
excluded from consideration as bonus worthy open space.
13. Limit density bonuses.
STAFF RESPONSE: The maximum bonus for residential density is addressed under Section
18.350.060 E-2-c (page 17) at a MAXIMUM of 10%, which limit is unchanged from the current PD
Ordinance. The maximum bonus for open space (excluding constrained lands) is 5% and a maximum
of 5% is allocated for built improvements not required under other regulations (i.e.; pavilions, park
benches, picnic tables, etc).
14. Limit density transfers.
STAFF RESPONSE: Section 18.350.060 E-2-c (page 17) allows density averaging within a project site
which encompasses more than one zone classification. This is a feasible and appropriate design
technique.
Transfers of Development Rights (TDB's) are used almost universally across municipal jurisdictions in
the western United States as a sort of liability insurance to guard against "taking"issues. I have never
seen or talked to another planner who has ever seen a TDR application.
15. Application should address all of the criteria set forth in the tool box.
STAFF RESPONSE: This is a tall order and the choice of any one design option (for whatever reason)
may in fact preclude all other options. Requiring an applicant to justify subjective design choices in the
shadow of evaluating less desirable alternatives may be beyond the scope of a legally defensible
regulation.
COMMITTEE SIDE RECOMMENDATIONS — relate to other code provisions or policy issues.
STAFF RESPONSE: These areas of concern are worth pursuing, but are outside of the present scope
of the Planned Development ordinance revision. The issues related to the ownership of open space
tracts (public vs. private) can be addressed under the PD review process. The use of open spaces
(limited use, passive use, active use) are defined for the first time under Section 18.120— 104 (page 2).
1. Establish a mechanism for collecting and funding an open space acquisition program.
a. General obligation bonds
b. Local assessment districts
C. Create a fee in-lieu program for transfers and consolidation of open spaces,
don't use park SDC's for park acquisition
2. Establish an Open Space Network Master Plan to identify general areas where open
space should be accepted by the city, rather than on an ad hoc basis. Alternatively,
create a new zone or pass an ordinance authorizing either the Planning Commission
or Parks Board to decide matters of public land acceptance. If donating land, the
applicant or staff should prepare an estimate of the annual costs associated with
maintenance and insurance for the property.
3. Revisions to the tree code to impose a more specific standard set of protection
guidelines.
4. Possible revisions to street and utility improvement section (TDC 18.810) to allow for
other types of public, and/or development standards for private streets, such as
requiring green private streets.
5. Work with CWS to expand allowable uses in buffer areas on a site specific basis,
namely passive recreation uses such as trails, signs, pedestrian bridges, seating,
viewing blinds, observation decks, handicapped facilities, drinking fountains, picnic
tables, interpretative facilities, and similar facilities. Also work to see if an alternative
to fencing off an area can be found to clearly demarcate a sensitive area. Such ideas
could include a road or driveway that separates the lots, low totems, rockery walls, all
with appropriate signage.
6. Include in reports from Planning Commission appeals to Council, a summary of
deliberations during the hearing. Meeting minutes are insufficient.
7. Open space issues.
a. Look at policy of not accepting dedication of small parcels. All
"undisturbed natural areas" should be in public ownership. No access to site,
except for authorized personnel. No maintenance. This would apply to areas
where there are endangered species, which need absolute freedom from any
disturbance.
b. Review policy of open space in private v. public ownership.
C. Create a zone for open space.
d. Development should not allow density transfers for open space.
e. Open space types:
i. Minimal Use Recreational Facilities. Limited to soft-surface trails which are
minimally maintained. No.other facilities would be allowed.
ii. Passive Use Recreational Facilities. Facilities for recreational uses related to
the functions and values of a natural area that require limited and. low impact
site improvements, including soft-surface trails, signs, pedestrian bridges,
seating, viewing blinds, observation decks, handicapped facilities, drinking
fountains, picnic tables, interpretative facilities and similar facilities.
iii. Active Use Recreational Facilities. Facilities for recreational uses that tend to
be more organized and/or that require a greater degree of site development and
conversion of natural area, including sports fields, playground equipment,
group picnic shelters, hard surface pathways, permanent restrooms, accessory
parking lots and similar facilities.
8. Reduce storm water runoff in PD's.
iAcurpin\james\pd committee\draft committee recommendations.doc
OPTION 2 — Reorganize Chapter
Summary of Major Changes
Reorganization.
The chapter was reorganized to consolidate several sections, and create a logical progression of the
other sections. The committee expressed concern that in PD applications, there was not enough of a
distinction between the concept and detailed plan. Upon closer examination of the existing code text,
staff found that the code itself did not clearly distinguish the two parts of the process. Elements of
approval criteria were dispersed throughout the chapter, and applying the code to projects required a
bit of gymnastic talent. The code has been reorganized in a more progressive fashion, setting forth
the overall purpose, an outline of the process, miscellaneous procedural requirements, followed by
distinct sections for the three elements of the PD process: the overlay zone, the concept plan, and
the detailed plan.
Revised Purpose Statement.
The committee spent considerable time drafting an updated purpose statement to reflect current
trends in development and community desires. A greater balance between development
opportunities and contributions to the community assets was sought. Environmental considerations
were made more central to the purpose of the PD code.
Mandatory Open Space Requirement.
In addition to requiring a certain percentage of open space, the committee made deliberate
distinctions in the types of open space (minimal use, passive use recreation, and active use
recreation). Changes to the definition chapter were added.
Substantial Changes in the Approval Criteria for Detailed Development Plans.
This section was reworked to create consistency between the purpose statement and the review
criteria, as well as incorporate the recommendations of the committee.
Revised Ordering of the Approval Process
The application of the Planned Development Overlay Zone was physically moved to the end
of the process and simplified to include only an affirmation that the terms and conditions
applied to the detail development plan had been fully satisfied. The Planned Development
Overlay Zone is thereby no longer applied to unimplemented "development concepts".
Chapter 18.120
DEFINITIONS
104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned:
a. Minimal Use Facilities. Areas reserved for low-impact recreation, limited to soft surface trails which are
minimally maintained. No other improvements(apart from underground utilities)are allowed.
b. Passive Use Facilities. Areas reserved for medium-impact recreation and education uses related to the
functions and values of a natural area that require limited and low impact site improvement, including soft
surface trails, raised walkways, pedestrian bridges, seating areas, viewing blinds, observation decks
informational signage, drinking fountains, picnic tables, interpretive centers, and other similar facilities.
Accommodations for ADA access shall be provided where site considerations permit.
c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater degree of site
development and/or ground disturbance; such as sports fields, playground equipment, group picnic
shelters, swimming pools,hard and soft surface pathways, restrooms, and similar facilities.
Page 1 of 13 June 29, 200
Chapter 18.350
PLANNED DEVELOPMENTS
Sections:
18.350.010 Purpose
18.350.020 Process
18.350.030 Administrative Provisions
18.350.040 Conceptual Development Plan Requirements
18.350.050 Detailed Development Plan Requirements
18.350.060 Overlay Zone Requirements
18.350.010 Purpose
A. Purpose. The purposes of the planned development overlay zone are:
1. To provide a means for property development which results in development that is consistent with Tigard's
Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential
impacts to the city; and
2. To provide such added benefits as increased natural areas or open space, alternative building designs,walkable
communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that
contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community
Development Code;and
3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open
space, innovative transportation facilities)which will retain their character and city benefits, while respecting
the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and
4. To preserve to the greatest extent possible the existing landscape features and amenities(trees,water resources,
ravines, etc.) through the use of a planning procedure (site design and analysis, presentation of alternatives,
conceptual review, then detailed review) that can relate the type and design of a development to a particular
site; and
5. To consider an amount of development on a site which will provide a benefit to the owner and developer
consistent with the degree of positive or negative impact to neighbors and to the public resources and facilities
of Tigard; and
6. To provide a means to better relate the built environment to the natural environment through sustainable and
innovative building and public facility construction methods and materials.
18.350.020 Process
A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. An
applicant may elect to develop the project as a planned development, in compliance with the requirements of
this chapter,or in the case of a commercial or industrial project an approval authority may apply the provisions
of this chapter as a condition of approving any application for the development.
B. Elements of approval process. There are three elements to the planned development approval process, as
follows:
1. The approval of the planned development concept plan; and
2. The approval of the detailed development plan or preliminary subdivision plat.
Page 2 of 13 June 29, 2005
3. The approval of the planned development overlay zone;
C. Decision-making process.
1. The concept plan shall be processed by means of a Type III-PC procedure, as governed by Section 18.390.050,
using approval criteria contained in Section 18.350.050.]
2 The detailed development plan shall be reviewed by means of a Type II procedure, as governed by 18.390.040,
to ensure that it is substantially in compliance with the approved concept development plan.
3. A planned development overlay zone shall be processed by means of a Type III-PC procedure, as governed by
Section 18.390.050,using approval criteria contained in Section 18.350.050.
4. In the case of an existing planned development overlay zone for any other type of application, the application
shall be reviewed under the provisions required in the chapters which apply to the particular land use
application.
D. Concurrent conceptual plan,detailed development plan,and overlay zone applications.
On residential or mixed use projects over 5 acres, the detailed plan shall and the overlay zone shall be filed
separately, unless the director waives this requirement. For commercial or industrial development, the detailed
plan and the overlay zone shall be filed separately.If the application involves subdivision of land,the applicant
may also apply for preliminary plat approval and the applications shall be heard concurrently. All applicants
are advised that the purpose of separating these applications is to provide them clear direction in developing
the detailed plans. Rejection of the concept plan will result in a corresponding rejection of the detail plan and
overlay zone.
E. In the case of concurrent applications for concept plan, detailed plan, and overlay zone, including subdivision
applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning
Commission shall take separate actions on each element of the Planned Development application (i.e. the
concept approval must precede the detailed development approval which shall precede approval of the overlay
zone); however each required action may be made at the same hearing.
18.350.030 Administrative Provisions
A. Action on the concept development plan shall be taken by the Planning Commission by means of a Type III-
PC procedure,as governed by Section 18.390.050,using approval criteria in 18.350.050.
B. Time limit on filing of detailed development plan. If the concept and detailed plan or preliminary plat were not
heard concurrently, within 1-1/2 years after the date of Commission approval of the conceptual development
plan, the owner shall prepare and file with the Director a detailed development plan. Action on the detailed
development plan shall be taken by the Planning Commission by means of a Type III-PC procedure, as
governed by Section 18.390.050,using approval criteria in 18.350.060.
C. Zoning map designation. The approval of the planned development overlay zone shall expire whenever the
detail plan approval lapses or expires. The zoning map shall be amended to indicate the approved planned
development designation for the subject development site only after the detail development plan has been
implemented. Final action on the zoning map amendment shall be taken by the 1 by means of a
Type procedure as governed by Section 18.390.060 1
lit- P pG
D. Extension. a Director shall, upon written request by the applicant and payment of the required fee, grant an
extension of the approval period not to exceed one year provided that:
1. No changes have been made on the original concept development plan as approved by the Planning
Commission;
Page 3 of 13 June 29, 2005
2. The applicant can show intent of applying for the detail development plan or preliminary plat review within
the one year extension period; and
3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which
the approval was based.
E. Phased development.
1. The Commission may approve a time schedule for developing a site in phases, but in no case shall the total
time period for all phases be greater than seven years without reapplying for conceptual development plan
review.
2. The criteria for approving a phased detail development plan proposal are that:
a. The public facilities shall be constructed in conjunction with or prior to each phase; and
b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities.
A temporary public facility is any facility not constructed to the applicable City or district standard.
F. Substantial modifications to the conceptual plan. If a detailed development plan or preliminary plat does not
substantially conform to the conceptual plan,a new conceptual development plan shall be required.
G. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this
chapter.
H. Issuance of occupancy permits. The development shall be completed in accordance with the approved detailed
development plan including landscaping and recreation areas before any occupancy permits are issued.
However, when the Director determines that immediate execution of any feature of an approved detailed
development plan is impractical due to climatic conditions, unavailability of materials, or other temporary
condition, the Director shall, as a precondition of the issuance of a required permit, require the posting of a
performance bond or other surety to secure execution of the feature at a time certain not to exceed one year.
18.350.040 Conceptual Development Plan Requirements
A. General submission requirements. The applicant shall submit an application containing all of the general
information required for a Type III-PC procedure, as governed by Section 18.390.050 [and the additional
information required by 18.350.040.13.In addition, the applicant shall submit the following:
1. A statement of planning objectives to be achieved by the planned development through the particular approach
proposed by the applicant. This statement should include a description of the character of the proposed
development and the rationale behind the assumptions and choices made by the applicant. The statement
should be explicit in defining the architectural style, and what sorts of innovative site planning principles are
utilized including any innovations in building techniques that will be employed. Furthermore, the statement
should explain how the proposal relates to the purposes of the Planned Development Chapter as expressed in
18.350.010.
2. A general development schedule indicating the approximate dates when construction of the planned
development and its various phases are expected to be initiated and completed.
3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the
planned development. In the case where a residential subdivision is proposed, the statement shall include the
applicant's intentions whether the applicant will build the homes,or sell the lots to other builders.
5. A narrative statement presenting information, a detailed description of which is available from the Director.
B. Additional information. In addition to the general information described in Subsection A above,the conceptual
development plan, data, and narrative shall include the following information, the detailed content of which
can be obtained from the Director:
1. Existing site conditions;
2. A site concept including the types of proposed land uses and housing types, and their general arrangement on
the site;
Page 4 of 13 June 29, 2005
3. A grading concept;
4. A landscape concept indicating a percentage range for the amount of proposed open space and landscaping,
and general location and types of proposed open space(s);
5. Parking concept
6. A sign concept;
7. A copy of all existing and/or proposed restrictions or covenants;
8. A streets and utility concept;and
9. A Structure Setback and Development Standards concept, including the proposed residential density target if
applicable.
C. Allowable Uses
1. In residential zones. In all residential zones, an applicant with a planned development approval may develop
the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density
bonus provisions of 18.350.100 B2.The following uses are allowed with planned development approval:
a. All uses allowed outright in the underlying zoning district;
b. Single-family detached and attached residential units;
c. Duplex residential units;
d. Multi-family residential units;
e. Manufactured homes;
f. Accessory services and commercial uses directly serving the planned development only and which are
customary or associated with,but clearly incidental to the uses permitted in the zone, such as personal services,
preschool or daycare,and retail uses less than 5,000 s.f. in sum total;
g. Community building;
h. Indoor recreation facility;athletic club,fitness center,racquetball court, swimming pool,tennis court or similar
use;
i. Outdoor recreation facility,golf course,golf driving range, swimming pool,tennis court, or similar use;and
j. Recreational vehicle storage area.]
2. In commercial zones. In all commercial zones, an applicant with a planned development approval may develop
the site to contain all of the uses permitted outright in the underlying zone and, in addition, a maximum of 25%
of the total gross floor area may be used for multi-family dwellings in those commercial zones that do not list
multi-family dwellings as an outright use.
3. In industrial zones. In all industrial zones, a planned development shall contain only those uses allowed
outright in the underlying zoning district.
D. Approval Criteria. The Commission shall make findings that the following criteria are satisfied when
approving or approving with conditions, the conceptual plan. The Commission shall make findings that the
criteria are not satisfied when denying an application.
1. The concept plan includes specific designations for areas of open space, their intended level of use, and how
they relate to other proposed uses on the site
2. The concept plan identifies areas of significant natural resources and identifies methods for their maximized
protection,preservation,and/or management
3. The concept plan identifies how the future development will integrate into the existing neighborhood, either
through compatible street layout, architectural style, housing type, or by providing a transition between the
existing neighborhood and the project with compatible development or open space buffers.
4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include
separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or
other provisions for bus stops, etc.
Page 5 of 13 June 29, 2005
5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects
that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in,
relation to their proposed location on site.
6. The concept plan identifies other amenities or innovations that would distinguish the project from other
standard developments.
18.350.050 Detailed Development Plan Requirements
A. General submission requirements. The applicant shall submit an application containing all of the general
information required for a Type III-PC procedure, as governed by Section 18.390.050, the.-Addk4ol
B. Additional Infdrmation. In addition to the general information described in Subsection A above, the detailed
development plan, data, and narrative shall include the following information, the detailed content of which
can be obtained from the Director:
1. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in grade, along
drainage channels or swales,and at selected points, as needed
2. A speck development schedule indicating the approximate dates of construction activity, including
demolition, tree protection installation, ground breaking, grading, public improvements, and building
construction for each phase.
3. Contextual Analysis
a. Building typology and hierarchy: An analysis of the particular building type (residential, commercial, public)
relative to the hierarchy of the various building types in the city is useful in deciding the general design
approach of a new building. For example, public buildings may be dominant in placement and design, while
residential buildings are subordinate, it is important to maintain any existing hierarchy that reinforces visual
order in the city. Any predominant architectural solutions and details characteristic of a building_ type
incorporated in the new building's design can help maintain a recognizable building type.
b. Regional character: An analysis of the city's regional architectural characteristics is appropriate in developing a
design solution that responds to unique regional characteristics. Regional characteristics may be revealed
through unique architectural types, through vernacular building resulting from local climatic and cultural
characteristics,and from historically significant architecture. Historic structures should be saved by modifying
them for the proposed new use or by incorporating parts of the existing structure{s)into the proposed design.
c. City form: The delineation of city form created by road layout,location of major open spaces,and architecture-
created forms should be analyzed. Elements that delineate city form should be reinforced by architectural
development solutions for a particular place within the city. For example, a building proposed for a comer site
should be designed to reinforce the comer through building form, entrance, and design details. A building
proposed for midblock may be a visually unifying element providing connection and continuity with adjacent
buildings. Sites at the ends of important vistas or adjacent to major city squares probably should be reserved
for important public buildings.
d. Building scale and fenestration: It is important to analyze building scale and fenestration of nearby structures.
Reflecting, although not necessarily reproducing, such detailing in the proposed building can provide visual
unity and continuity in the architectural character of the city,. One example is the use and placement of cornice
lines to define the building's lower floors in relation to adjacent buildings. Cornice lines also can define the
building's relationship to pedestrians in terms of scale and use.
e. Building transition:Sometimes it may be appropriate to use arcades and porches to provide transition between
the building's private interior and the public sidewalk. Including them may be especially worthy if adjacent
buildings have these elements
f. Views:Important city views of plazas, squares,monuments, and natural features such as waterfronts and parks
Page 6 of 13 June 29, 2005
should be considered. It is important to design the proposed structure to enhance and preserve such views for
the public and for inhabitants of nearby buildings, as well as incorporating them as views from the proposed
building.
4. Moderate to High Density Development Analysis. If proposing development in an area with an "urban
context",the following additional information may be required:
a. Air movement: Prevailing breezes characteristic of a region may be greatly modified by urban high-rise
structures. Predominant air movement patterns in a city may be along roadways and between buildings. The
placement, shape, and height of existing buildings can create air turbulence caused by micro air movement
patterns. These patterns may influence the location of building elements such as outdoor areas and balconies.
Also a building's design and placement can mitigate or increase local wind turbulence.
b. Sun and shadow patterns: The sun and shadow patterns of existing structures should be studied to determine
how they would affect the proposed building. This is particularly important for outdoor terraces and balconies
where sunlight may be desirable. Sun and shadow pat- terns also should be considered as sources of internal
heat gain or loss.Building orientation,window sizes and shading devices can modify internal heat gain or loss.
Studies should include daily and seasonal patterns and the shadows the proposed building would cast on
existing buildings and open spaces.
c. Reflections: Reflections from adjacent structures such as glass-clad buildings may be a problem. The
development should be designed to compensate for such glare or if possible,oriented away from it.
C. Compliance with specific development standards. The Detailed Development Plan shall conform to the
provisions of the base zone as follows:
1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no
minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the minimum
size required in the base zone.
2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage
shall be 75%;
3. Building height: Any increase in the building height above the maximum in the base zone will require that the
structure be setback from the perimeter of the site a distance of at least 1-1/2 times the height of the building.
4. Structure setback provisions:
a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone
unless otherwise provided by Chapter 18.360;
b. The setback provisions for all setbacks on the interior of the project shall not apply except that:
i. All structures shall meet the Uniform Building and Fire Code requirements;
ii. A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This
setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances
for backing movements are accounted for.
iii. A minimum front yard setback of eight feet is required for any garage opening for an attached single-family
dwelling facing a private street as long as the required off-street parking spaces are provided. This setback may
be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing
movements are accounted for.
c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot
by lot, or project wide basis. The applicant may propose, or the commission may require, actual structure
footprints to be shown and adhered to.
Page 7 of 13 June 29, 2005
5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this
chapter.
D. Conformance with the Conceptual Plan required. The Planning Commission shall approve the detailed
development plan upon finding that the plan conforms with the conceptual development plan approved, or
approved with conditions by the Commission. A change from the conceptual plan may be acceptable unless:
1. The change increases the residential densities, increases the lot coverage by buildings or reduces the amount of
parking;
2. The change reduces the amount of open space and landscaping;
3. The change involves a change in use;
4. The change commits land to development which is environmentally sensitive or subject to a potential hazard;
and
5. The change involves a major shift in the location of buildings, proposed streets, parking lots, landscaping or
other site improvements.
E. Detailed Development Plan Approval Criteria. If the detailed plan is found to be in conformance with the
conceptual plan, the following specific review criteria must additionally be satisfied. The Commission shall
make findings that the following criteria are satisfied when approving or approving with conditions, the
detailed plan. The Commission shall make findings that the criteria are not satisfied when denying an
application.
1. All the provisions of the land division provisions, Chapters 18.420 Partitions and 18.430 Subdivisions, shall be
met;
2. Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned
development need not meet these requirements where a development plan provides alternative designs and
methods, if acceptable to the Commission,that promote the purpose of this chapter.In each case,the applicant
must provide findings to justify the modification of the standards in the chapters listed below. The applicant
shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where
their proposal is seeking a modification to the strict application of the standards. For those chapters not
specifically exempted, the applicant bears the burden of fully complying with those standards, unless a
variance or adjustment has been requested.
a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site Development Review, are
not applicable to Planned Development Reviews. The detailed development plan review is intended to address
the.same type of issues as the Site Development Review.
b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access
standards,upon a demonstration by a professional engineer that the resulting access will not be detrimental to
the public safety considering emergency vehicle needs, and provisions are provided for all modes of
transportation using the site(vehicles,bicycles,pedestrians,and transit).
c. Chapter 18.715,Density Computation and Limitations. Unless authorized below, density shall be governed by
the density established in the underlying zoning district, using the minimum lot size established for that
district. Where a project site encompasses more than one underlying zoning district, density shall be
aggregatedfore istrict, and may be allocated anywhere within the project site, as deemed appropriate by
the commission.
The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or
enhance open space, architectural character and/or site variation incorporated into the development. These
factors must make a substantial contribution to objectives of the planned development. The degree of
Page 8 of 13 June 29, 2005
distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the
Commission may approve according to the following:
�Zt1% bonus for each 5%of the gross site area set aside in open space, up to a maximum of 5%, is allowed for
e provision of active use recreational open space, exclusive of areas contained in floodplain, steep slopes,
drainageways,or wetlands that would otherwise be precluded from development;
ii. A 1% bonus for each 1% of total project cost invested in development of pedestrian amenities, streetscape
Zdevelopment, recreation areas, plazas, or other items from the "Planning Commission's Toolbox," up to a
maximum of 5%.
d. Chapter 18.745, Landscaping and Screening. The Commission may grant an exception to the landscape
requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape
architect, provides for 20% of the gross site area to be professionally landscaped, and meets the intent of the
specific standard being modified.
e. Chapter 18.765, Off-street Parking and Loading Requirements.The Commission may grant an exception to the
off-street parking dimensional and minimum number of space requirements in the applicable zone based on
findings that:
i. The minor exception is not greater than 10 percent of the required parking; and
ii. The application is for a use designed for a specific purpose which is intended to be permanent in nature, e.g., a
nursing home, and which has a low demand for off-street parking;or
iii. There is an opportunity for sharing parking and there is written evidence that the property owners are willing
to enter into a legal agreement;or
iv. Public transportation is available to the site, and reducing the standards will not adversely affect adjoining
uses;or
v. There is a community interest in the preservation of particular natural features of the site which make it in the
public interest to grant an exception to parking standards.
f. Chapter 18.780, Signs. The Commission may grant an exception to the sign dimensional requirements in the
applicable zone based on findings that:
i. The minor exception is not greater than 10 percent of the required applicable dimensional standard for signs;
ii. The exception is necessary for adequate identification of the use on the property;and
iii. The sign will be compatible with the overall site plan, the structural improvements and with the structures and
uses on adjoining properties.
g. Chapter 18.795, Visual Clearance Areas. The Commission may grant an exception to the visual clearance
requirements,when adequate sight distance is or can be met;
h. Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks; and 18.810.060, Lots. In
addition, deviations from street standards shall be made on a limited basis, and nothing in this section shall
obligate the City Engineer to grant an exception. The Commission retains the ability to not allow an exception
but may not grant an exception to street standards not sanctioned by the City Engineer, other than through the
procedures in 18.370,Variances and Adjustments. The City Engineer may determine that certain exceptions to
the street and utility standards are permissible when it can be shown that:
i. public safety will not be compromised
ii. in the case of public streets,maintenance costs will not be greater than with a conforming design.
iii. the design will improve stormwater conveyance either by reducing the rate or amount of runoff from present
standards or increasing the amount of pollutant treatment.
3. In addition,the following criteria shall be met:
Page 9 of 13 June 29, 2005
a. Relationship to the natural and physical environment:
i. The streets, buildings and other site elements shall be designed and located to preserve the existing trees,
topography and natural drainage to the greatest degree possible. The commission may require the applicant to
demonstrate why a particular alternate site plan that may result in greater preservation of trees,topography and
natural drainage would either not be feasible or would result in a greater loss of those resources;
ii. Structures located on the site shall not be in areas subject to ground slumping and sliding as demonstrated by
the inclusion of a specific geotechnical evaluation;
iii. Using the basic site analysis information from the conceptual plan submittal,]the structures shall be oriented
with consideration for the sun and wind directions,where possible;and
b. Buffering, screening and compatibility between adjoining uses:
i Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family
residential,and residential and commercial uses;
ii In addition to the requirements of the buffer matrix (Table 18.745.1), the requirements of the buffer may be
reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same
level of buffering and screening with alternate materials or methods. The following factors shall be considered
in determining the adequacy and extent of the buffer required under Chapter 18.745.:
(a)The purpose of the buffer,for example to decrease noise levels, absorb air pollution, filter dust,or to provide a
visual barrier;
(b) The size of the buffer needs in terms of width and height to achieve the purpose;
(c) The direction(s)from which buffering is needed;
(d) The required density of the buffering; and
(e) Whether the viewer is stationary or mobile.
iii. On-site screening from view from adjoining properties of such activities as service areas, storage areas,
parking lots and mechanical devices on roof tops shall be provided and the following factors shall be
considered in determining the adequacy of the type and extent of the screening:
(a) What needs to be screened;
(b) The direction from which it is needed;and
(c) Whether the screening needs to be year-round.
c. Privacy and noise: Non-residential structures which abut existing residential dwellings shall be located on the
site or be designed in a manner,to the maximum degree possible,to protect the private areas on the adjoining
properties from view and noise;
d. Exterior elevations — residential use: Along the vertical face of single-family attached and multiple-family
structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following:
i. Recesses,e.g., decks,patios,entrances,floor area, of a minimum depth of eight feet;
ii. Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, a maximum length of
an overhang shall be 25 feet;and
iii. Offsets or breaks in roof elevations of three or more feet in height.
e. Private outdoor area—residential use:
i. Exclusive of any other required open space facility, each ground-level residential dwelling unit shall have an
outdoor private area(patio,terrace, or porch) of not less than 48 square feet with a minimum width dimension
of four feet;
ii. Wherever possible,private outdoor open spaces should be oriented toward the sun; and
iii. Private outdoor spaces shall be screened or designed to provide privacy for the use of the space.
Page 10 of 13 June 29, 2005
f. Shared outdoor recreation and open space facility areas—residential use:
i. Exclusive of any other required open space facilities, each residential dwelling development shall incorporate
shared usable outdoor recreation areas within the development plan as follows:
(a) Studio units up to and including two bedroom units, 200 square feet per unit;
(b) Three or more bedroom units, 300 square feet per unit.
ii. Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention
and safety;
iii. The required recreation space may be provided as follows:
(a) Additional outdoor passive use open space facilities;
(b) Additional outdoor active use open space facitilies;
(c) Indoor recreation center; or
(d) A combination of the above.
g.Demarcation of public, semi-public and private spaces for crime prevention:
i. The structures and site improvements shall be designed so that public areas such as streets or public gathering
places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be
in the space,to provide for crime prevention and to establish maintenance responsibility; and
ii. These areas may be defined by,but not limited to:
(a) A deck,patio, low wall,hedge,or draping vine;
(b) A trellis or arbor;
(c) A change in elevation or grade;
(d) A change in the texture of the path material;
(e) Sign;or
(f) Landscaping.
h. Access and circulation:
i. The number of required access points for a development shall be provided in Chapter 18.705;
ii. All circulation patterns within a development must be designed to accommodate emergency and service
vehicles; and
iii. Provisions shall be made for pedestrian and bicycle ways abutting and through a site if such facilities are
shown on an adopted plan or terminate at the boundaries of the project site.
i. Landscaping and open space:
i. Residential Development: In addition to the [buffering and screening requirements of paragraph b of this
subsection, and any minimal use open space facilities, a minimum of 20 percent of the site shall be landscaped.
This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the
developer includes a landscape plan and surety for such landscape installation;
j. Public transit:
i. Provisions for public transit may be required where the site abuts or is within a'A mile of a public transit route.
The required facilities shall be based on:
(a) The location of other transit facilities in the area; and
(b) The size and type of the proposed development.
ii' The required facilities [may include but are not necessarily limited to such facilities as:
(a) A waiting shelter;
(b) A turn-out area for loading and unloading;and
(c) Hard surface paths connecting the development to the waiting area.
k. Parking:
Page 11 of 13 June 29, 2005
i. All parking and loading areas shall be generally laid out in accordance with the requirements set forth in
Chapter 18.765;
ii. Up to 50% of required off-street parking spaces for single-family attached dwellings may be provided on one
or more common parking lots within the planned development as long as each single-family lot contains one
off-street parking space.
1. Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in
Chapter 18.810. An applicant may propose an alternate means for stormwater conveyance on the basis that a
reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as
green streets,porous concrete,or eco roofs.
m. Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-year
floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway
adjoining and within the floodplain.This area shall include portions of a suitable elevation for the construction
of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway
plan.
n. Shared Open Space Facilities.
Exclusive of any other required open space facilities or buffer areas, the detailed development plan shall
designate a minimum of 20% of the gross site area as an open space facility. The open space facility may be
comprised of any combination of the following:
i. Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for
minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands, streams, or
100 year floodplain).
ii. Passive Use Facilities. Up to 100%.of the open space requirement may be satisfied by providing a detailed
development plan for improvements (including landscaping, irrigation, pathway and other structural
improvements)for passive recreational use.
iii. Active Use Facilities. Up.to 100% of the open space requirement may be satisfied by providing a detailed
development plan for improvements (including landscaping, irrigation, pathway and other structural
improvements)for active recreational use.
iv. The open space area shall be shown on the final plan and recorded with the Director.
o. Open Space Conveyance. Where a proposed park, playground or other public use shown in a development
plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the
dedication or reservation of such area within the subdivision, provided that the reservation or dedication is
roughly proportional to the impact of the subdivision on the park system.
Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and
where a development plan of the City does not indicate proposed public use areas, the Commission may
require the dedication or,reservation of areas within the subdivision or sites of a character, extent and location
suitable for the development of parks or other public use,provided that the reservation or dedication is roughly
proportional to the impact of the subdivision on the park system. The open space shall be conveyed in
accordance with one of the following methods:
i Public Ownership. Open space proposed for dedication to the City must be acceptable to it with regard to the
size, shape, location, improvement and budgetary and maintenance limitations. A determination of City
acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval.
Dedications of open space may be eligible for Systems Development Charge credits. If deemed to be not
acceptable,the open space shall be in private ownership as described below;
Page 12 of 13 June 29,2005
ii. Private Ownership. By conveying title (including beneficial ownership) to a corporation, home association or
other legal entity, with the City retaining the development rights to the property. The terms of such instrument
of conveyance must include provisions suitable to the City Attorney for guaranteeing the following:
(1) The continued use of such land for the intended purposes;
(2) Continuity of property maintenance;
(3) When appropriate,the availability of funds required for such maintenance;
(4) Adequate insurance protection;and
(5) Recovery for loss sustained by casualty and condemnation or otherwise.
18.350.060 Planned Development Overlay Zone Requirements
A. General submission requirements. The applicant shall submit an application consisting of the approved detail
development plan and the general information required for a Type III procedure as governed by Section
18.390.050.
B. Approval Criteria. The Planning Commission shall review a proposed Planned Development Overlay Zone for
general and specific conformity to the approved detail development plan. The application and request for the
Planned Development Overlay Zone may be processed concurrently with the detail plan approval.
Page 13 of 13 June 29, 2005
MEMORANDUM
TO: Planning Commission
FROM: Planned Development Review Committee
RE: Draft Committee Recommendations
DATE: May 12, 2005
The Planned Development Review Committee has been meeting since April, 2004 to review
and make recommendations regarding changes to ordinances governing planned
developments. The committee met on May 4, 2005 and orally agreed on draft
recommendations that the committee wants to discuss with the Planning Commission. Due to
Morgan Tracy's absence for his wedding, Gretchen Buehner prepared minutes and the revised
draft of recommendations. Individual committee members may have additional
recommendations. After the meeting with Planning Commission, the committee will meet in
early June to give direction for implementation of committee recommendations into draft
ordinances. The committee plans to meet with City Council with these draft ordinances at the
July or August workshop meeting. The committee appreciates the opportunity to meet with and
receive input form the Planning Commission on the draft recommendations.
MAIN COMMITTEE RECOMMENDATIONS — applying directly to PD code
1. Create a toolbox of ideas and concepts for Planning Commission and applicants to use
to develop and assess the merits of proposed PD's (You have a copy of the draft
Morgan prepared before he left).
2. Create a method to transition lot sizes.
3. Ensure the new development is consistent with the surrounding neighborhood (to the
extent practicable in light of changing density requirements).
4. Place burden on applicant to demonstrate that a PD is a "better" solution. The
developer/applicant should address how their project achieved the following principles:
a. Housing stock diversity
b. Architectural detail and diversity
C. Pedestrian amenities
d. Improved public safety
e. Accommodates children and/or seniors
f. Sustainable development
g. Preservation of significant natural resources
h. Integration with the existing neighborhood
go5. Clearly separate the concept from the detail plan.
6. Open space as a mandatory requirement, some portion to functional for humans.
7. Promote sustainable development, including storm water.
8. Enhance the neighborhood meeting process.
9. Encourage general additional amenities.
10. Develop standards that will promote walkable neighborhoods.
11. Density as a function of design excellence.
12. Re-zone to reduce density and delete unbuildable land such as CWS facilities from
buildable land survey (see policy recommendations below).
13. Limit density bonuses.
14. Limit density transfers.
15. Application should address all of the criteria set forth in the tool box.
COMMITTEE SIDE RECOMMENDATIONS — relate to other code provisions or policy issues
1. Establish a mechanism for collecting a funding and open space acquisition program.
a. General obligation bonds
b. Local assessment districts
C. Create a fee in-lieu program for transfers and consolidation of open spaces, don't
use park SDC's for park acquisition
2. Establish an Open Space Network Master Plan to identify general areas where open
space should be accepted by the city, rather than on an ad hoc basis. Alternatively,
create a new zone or pass an ordinance authorizing either the Planning Commission or
Parks Board to decide matters of public land acceptance. If donating land, the applicant
or staff should prepare an estimate of the annual costs associated with maintenance and
insurance for the property.
3. Revisions to the tree code to impose a more specific standard set of protection
guidelines.
4. Possible revisions to street and utility improvement section (TDC 18.810) to allow for
other types of public, and/or development standards for private streets, such as requiring
green private streets.
5. Work with CWS to expand allowable uses in buffer areas on a site specific basis, namely
passive recreation uses such as trails, signs, pedestrian bridges, seating, viewing blinds,
observation decks, handicapped facilities, drinking fountains, picnic tables, interpretative
facilities, and similar facilities. Also work to see if an alternative to fencing off an area
can be found to clearly demarcate a sensitive area. Such ideas could include a road or
driveway that separates the lots, low totems, rockery walls, all with appropriate signage.
6. Include in reports from Planning Commission appeals to Council, a summary of
deliberations during the hearing. Meeting minutes are insufficient.
7. Open space issues.
a. Look at policy of not accepting dedication of small parcels. All "undisturbed
natural areas" should be in public ownership. No access to site, except for
authorized personnel. No maintenance. This would apply to areas where there
are endangered species, which need absolute freedom from any disturbance.
b. Review policy of open space in private v. public ownership.
C. Create a zone for open space.
d. Development should not allow density transfers for open space.
e. Open space types:
i. Minimal Use Recreational Facilities. Limited to soft-surface trails which
are minimally maintained. No other facilities would be allowed.
ii. Passive Use Recreational Facilities. Facilities for recreational uses
related to the functions and values of a natural area that require limited
and low impact site improvements, including soft-surface trails, signs,
pedestrian bridges, seating, viewing blinds, observation decks,
handicapped facilities, drinking fountains, picnic tables, interpretative
facilities and similar facilities.
iii. Active Use Recreational Facilities. Facilities for recreational uses that
tend to be more organized and/or that require a greater degree of site
development and conversion of natural area, including sports fields,
playground equipment, group picnic shelters, hard surface pathways,
permanent restrooms, accessory parking lots and similar facilities.
8. Reduce storm water runoff in PD's.
i:\curpin\james\pd committee\draft committee recommendations.doc
MEMORANDUM
TO: Planned Development Code Review Committee
FROM: James Richardson, Associate Planner
RE: Planned Development Code Chapter Revision
October 26, 2005 draft meeting minutes
DATE: November 2, 2005
1 have spent a fair portion of the last two weeks reviewing the work of the Planned
Development Code Review Committee and staff liaison Morgan Tracy that has taken
place since the creation of the Committee by the City Council on January 27, 2004. This
is a large body of material and may take some time for me to absorb it fully.
My past work with planned unit development ordinances began in 1979 and
encompasses design work, administration, and authorship of such ordinances across
several Washington jurisdictions. As a newcomer to Oregon and the City of Tigard, I am
finding that many of the principles of planned unit development design are universal and
transferable.
My initial impression of the existing PD Chapter was that with some fine-tuning, it would
remain a functional ordinance. My initial impression of the current "Option 2"
amendment proposal is that, although it contains several worthy process improvements,
it may be so complex that it would actually discourage planned developments.
I look forward to working with each of you and hope that we will soon be able to provide
a report and recommendation to the City Council. Please feel free to contact me
anytime in person, by phone (718-2428), or by e-mail (james@ci.tigard.or.us).
Planned Development Code Review Committee
October 26, 2005
Draft Meeting Minutes
1. No roll call was taken or prior meeting minutes adopted.
2. Planning Manager Dick Bewersdorff opened the meeting by introducing James
Richardson as the new staff liaison to the Committee.
3. An open discussion of planned developments in general and the current form of
Option 2 ensued. Three definable directions were given to staff..
• Refine the review process to reflect a progression from Concept Plan to Detail
Plan to Overlay Zone. It was recommended that application of the Overlay Zone
would lapse and not take effect if the Detail Plan were not implemented within
specified time frames. This is a change under 18.350.020 B(1-3).
• One member suggested that a one to one match be established between
submittal criteria and approval criteria in order to establish consistency between
Concept Plan and Detail Plan reviews.
• The Committee requested that staff evaluate whether the Committee
recommendations from May 2005 were implemented under the present draft of
Option 2. A discussion of each of those recommendations followed.
4. Next meeting is tentatively scheduled for November 16, 2005 at 7:00 PM. The
October meeting was adjourned at 9:30 PM.
Meeting attendees:
Committee Members Present: Bill McMonagle, Ron Ellis-Gaut, John Frewing, David
Walsh.
Committee Members Absent: Sue Beilke, Gretchen Buehner, Alice Ellis-Gaut, Charles
Schwarz
Staff Members Present: Dick Bewersdorff, James Richardson
Monthly Report
October, 2005
(Month/Year)
for
Planned Development Code Review Committee
(Name of board, committee, task force, group, etc.)
1. Meetings were held on(list dates during month): 10-26-05 only
2. Current activities(summarize): Finalizing recommendation to City Council regarding
changes to Planned Development Code.
3. Status of long-term projects: NA
4. Number of volunteer hours contributed this month(noted number of volunteers and total
hours). 10
5. Attachments(include notifications, sign-in sheets, minutes,reports,press releases,
proposals, etc.) -List:
Sign-in sheet and Agenda attached.
6. Any items to be scheduled for on the Council tentative agenda(list item and date):
None.
7. Status of members—are there any members scheduled to have their terms expire in the
next four months? Are any members indicating that they plan to retire, move or resign
soon? Please give details.
NA
I:\CURPLN\JAMES\PD COMM ITTEE\MONTH LY REPORT FORM-OCTOBER,2005.DOC
Main Committee Recommendations:
1) Create a toolbox of ideas and concepts for Planning Commission and applicants to use
to develop and assess the merits of proposed PD's.
2) Create method to transition lot sizes
3) Ensure the new development is consistent with the surrounding neighborhood (to the
extent practicable in light of changing density requirements)
4) Place burden on applicant to demonstrate that PD is"better" solution. The
developer/applicant should address how their project achieved the following principles:
Housing stock diversity?
Architectural Detail and Diversity?
Pedestrian Amenities?
Improved Public Safety?
Accommodates Children and/or seniors?
Sustainable Development?
Preservation of significant natural resources?
Integration with the existing neighborhood?
5) Clearly separate the concept from the detail plan,
6) Open Space as a mandatory requirement, some portion to be functional for humans.
7)Promote sustainable development.
8)Enhance the neighborhood meeting process.
9)Encourage general additional amenities.
10) Develop standards that will promote walkable neighborhoods
11) Density as a function of design excellence.
12)Require projects that are not proposing minimum density to go through a PD process
Abolish the PD procedures entirely. 7
14) Limit or eliminate density bonuses.
15)Limit or eliminate density transfers.
16)L' applicability to larger parcels.
Committee Side Recommendations:
1)Establish a mechanism for collecting and funding an open space acquisition program
a) General Obligation Bonds
b) Local Assessment Districts
c)Create a fee in lieu program for transfers and consolidation of open spaces
2) Establish a Open Space Network Master Plan to identify general areas where open
space should be accepted by the city, rather than on an ad hoc basis. Alternatively, pass
an ordinance authorizing either the Planning Commission or Parks Board to decide
matters of public land acceptance. If donating land,the applicant or staff should prepare
an estimate of the annual costs associated with maintenance and insurance for the
property.
3)Revisions to the Tree Code to impose a standard set of protection guidelines.
4)Possible revisions to street and utility improvement section, (TDC 18.810)to allow for
other types of public streets, and/or develop standards for private streets.
5)Work with CWS to expand allowable uses in buffer areas, namely passive recreation
uses such as trails, signs, pedestrian bridges, seating, viewing blinds, observation decks,
handicapped facilities, drinking fountains, picnic tables, interpretive facilities, and similar
facilities. Also, work to see if an alternative to fencing off an area can be found to clearly
demarcate a sensitive area. Such ideas could include a road or driveway that separates
the lots, low totems, rockery walls, all with appropriate signage.
6) Include in reports from Planning Commission appeals to Council, a summary of the
deliberations during the hearing_ Something more than meeting minutes.
Option 2 — Planned Development Code Revision
Notes/Comments/Suggestions-(James Richardson, Associate Planner)
Page 1 - 18.120 DEFINITIONS
55. Density Bonus—REMOVE—Inasmuch as "architectural character" as subjective and
unenforceable.
ADD - "public and private recreational facilities" as being an available option for a density bonus.
Page 3 - 18.350.010—PURPOSE
18.350.010 A2—Edit to insert increased" up blic"benefits.
18.350.010 A3 —Edit to remove reference to housing styles and architectural accents.
Pages 3,4,5 - 18.350.020—PROCESS
18.350.020 A thru E—Recommend that this entire section be revised to a three step process where:
• The concept plan approval is ministerial
• The Planning Commission review of the detail plan is advisory
• The Hearing Officer review of the detail plan allows some discretionary
requirements and the overall decision may be appealed to the City Council
Page 5 - 18.350.030—ADMINISTRATIVE PROVISIONS
18.350.030 B & C : Again, procedural issues related to the roles of staff, the Planning Commission,
and Hearings Officer.
Page 6 - 18.350.030 E: There should be no hard time limit on phased development,provided that
large phased developments should be reviewed every 3-years to assure consistency with changing
regulatory requirements.
Page 6 - 18.350.030 F: Substantial changes to the concept plan which are required by the City under
either process should not require a"new"concept plan application and can be
incorporated/accommodated in the detail plan.
Page 9 - 18.350.040 —PLANNED DEVELOPMENT OVERLAY ZONE REQUIREMENTS
Page 10 - 18.350.040 B4b: - REMOVE: Meteorology in land use design may be reaching too far.
Page 10 - 18.350.040 B41: REMOVE: "using plants" should be deleted inasmuch as vegetation does
not attenuate noise under any circumstances.
Page 10 - 18.350.040 C: REMOVE—"unconstrained" lands are even more desirable for innovative
development approaches since the innovations are not dictated by physical limitations.
Page 11 - 18.350.050 A1: REMOVE—Again, "architectural style" is an inappropriate consideration.
Page 11 - 18.350.050 A3: REMOVE WHOLE SECTION—The applicants "intentions" regarding
the future disposition of a property are really immaterial and are not properly a matter of public
concern or regulation.
Page 11 - 18.350.050 137: REMOVE—Only new covenants related to common areas (public or
private) are properly a matter of public concern or regulation. Old covenants and restrictions may be
rescinded.
Page 12 - 18.350.050 D3: REMOVE—Again, "architectural style" is an inappropriate consideration.
Page 13 - 18.350.060—DETAILED DEVELOPMENT PLAN REQUIREMENTS
Pages 13-14 - 18.350.060 B3 & 134: REMOVE ENTIRE SECTIONS —Again, "architectural style",
i.e. "contextual analysis", is an inappropriate consideration and at this level of detail is
unenforceable and surely more than any applicant would attempt under any inducement.
Page 14 - 18.350.060 C 1: REMOVE: The requirement for perimeter lot sizes to replicate
conventional subdivision lots is inappropriate since in a small-scale PD all of the lots could be on the
perimeter. There may not even be any lots. Transitional, perimeter buffering (if necessary at all) can
be accomplished in many different ways. Design flexibility(with justifications) should be retained.
Page 15 - 18.350.060 C 2,3 & 4: REPLACE: Again, limitations on design flexibility should be
avoided. As a practical matter, all of Section 18.350.060 C could be replaced with a blanket
exemption for lot dimensional standards, site coverage, height, and setbacks. A PD is, after all, a
blanket variance which may be approved provided that appropriate justifications for the deviations
requested are supplied.
Page 17 - 18.350.060 E2c: REMOVE - The prior-existing 10% limit on maximum bonus density
(5%maximum for open space & 5%maximum for improvements) is so minimal that it actually
discourages innovative design and thereby undermines the stated purpose of the PD concept.
The later text linking physical improvement bonuses to "projected cost" would also discourage the
development of valuable open space improvements (both public and private). This is up-front money
and should be actively recruited and accorded a better premium than 1:1.
Page 18 - 18.350.060 E2d: REMOVE—The 20% minimum open space requirement should be
eliminated. There may well be small projects where open space improvements are far more desirable
than empty natural open spaces. Also, only common open space areas should be credited for bonus
density calculations. It is impractical to attempt to control the use and appearance of private property
except in the most minimal way (general public health, safety, welfare).
Page 19 - 18.350.060 E2f: REMOVE—Reduced signage would be the goal within a PD and should
be considered for some small, incremental density bonus.
Page 19 - 18.350.060 E3ai: REMOVE PART—The new language related to the discussion of
comparing alternative design concepts goes too far. Design choices belong to the property owner as
modified by applicable regulations.
Page 21 - 18.350.060 E3d: REMOVE -Again, "architectural style" is an inappropriate consideration
for regulatory review.
Page 22 - 18.350.060 E3ii: REMOVE—Again, this allocates bonus density credits for private yards
(as opposed to common/public open spaces) and refers back to the 20% minimum, vaguely implying
that they are one in the same.
Page 24 - 18.350.060 E3ni: MODIFY—Natural open space should be given full credit, not just a
75%credit toward the overall open space allocation.
Additional ideas for the Planned Development amendment concept
1) Divide amendment into 2 parts; Residential and Commercial/Industrial.
2) Rename residential code section"Innovative Residential Development", IRD (More positive
and descriptive; no lingering connection with PD dilemma).
3) Rename commercial/industrial code section"Innovative Commercial/Industrial Development",
ICID (Same reasons,plus commercial/industrial development is not related to density bonuses. Open
spaces, innovative design, and mixed uses can be better achieved with other incentives).
4) Change the review process to remove Planning Commission from the review of the conceptual
development plan and make it purely ministerial. (Professional planners are the experts in
determining what an acceptable application/detailed development plan should be. Public notice and
the right to appeal the conceptual approval would be preserved).
5) Change the review process for the detailed development plan to position the Planning
Commission in the role of making an advisory recommendation to the Hearings Officer. The Council
would retain jurisdiction on an appeal of the Hearings Officers decision.
6) The concept of"open space density"and"basic density"should be established as the
parameters for Innovative Residential Development. Open Space Density is defined by the following
formula: OS Density=one plus the open space area divided by the net development area times the
density allowed in the underlying zone.Constrained lands such as wetlands, steep slopes/geo-hazards,
floodplains/water bodies should be given varying partial credits as open space.
7) Bonus Density would be given for open space amenities and improvements such as
pedestrianibicycle paths, transit access improvements, private recreational improvements,and public
recreational improvements. Public recreational improvements and pedestrian/bicycle paths would
only be accepted for dedication if they satisfied related system plans and standards.
8) A maximum allowable density could be specified for each zone, but is not recommended since
this would tend to discourage physical open space improvements.
9) Innovative Commercial/Industrial Development would allow increased structure based on the
provision of landscaped open space(1 sf:l sf),residential dwelling units(1 sf 1 sf),underground/under
structure parking (1 sf.2sf).