01/04/2010 - Packet " City of Tigard
E d
Planning Commission Agenda
TIGARD
MEETING DATE: January 4, 2010, 7:00 p.m.
MEETING LOCATION: City of Tigard—Town Hall
13125 SW Hall Blvd.,Tigard, OR 97223
1. CALL TO ORDER 7:00 p.m.
2. ROLL CALL 7:00 p.m.
3. COMMUNICATIONS—Introduce New Commissioners 7:02 p.m.
4. CONSIDER MINUTES 7:10 p.m.
5. WORK SESSION—ELECTIONS 7:13 p.m.
6. PUBLIC HEARING 7:20 p.m.
6.1 SEASONAL OUTDOOR SALES CODE AMENDMENT
DCA2009-00004-Continued from 12/07/09
7. STUDY SESSION RE:JOINT MEETING WITH COUNCIL REGARDING TREES 8:20 p.m.
8. OTHER BUSINESS 9:20 p.m.
9. ADJOURNMENT 9:30 p.m.
PLANNING COMMISSION AGENDA- JANUARY 4, 2010
City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of1
CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
January 4, 2010
1. CALL TO ORDER
Vice President Walsh called the meeting to order at 7:01 pm.The meeting was held in the
Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd.
2. ROLL CALL
Present: Commissioners Anderson (came in slightly later than roll call), Caffall,
Doherty, Fishel, Gaschke, Hasman, Muldoon,Vermilyea, and Walsh;
Alternate Commissioners Schmidt & Shavey
Absent: None
Staff Present: Ron Bunch, Community Development Director; Dick Bewersdorff,
Planning Manager; Gary Pagenstecher,Associate Planner;John Floyd,
Associate Planner; Doreen Laughlin, Sr. Administrative Specialist
3. COMMUNICATIONS
Dick Bewersdorff, Planning Manager,introduced the new planning commissioner and
alternates,Tim Gaschke,Don Schmidt,and Richard Shavey.
4. CONSIDER MEETING MINUTES
12-07-09 Meeting Minutes: Vice President Walsh asked if there were any additions,
deletions, or corrections to the minutes - taking into account a small correction that had
been phoned in earlier correcting the date on page 2, second sentence, to 1-4-10. Walsh then
declared the minutes approved.
Walsh moved on to the work session and elections.
5. WORK SESSION - ELECTIONS
Walsh opened up the floor to nominations. [The former president of the Commission left in
December after serving 8 years as a Commissioner. This left the balance of that position (1
year—to end 1-1-11) open]. Commissioner Vermilyea moved to nominate Commissioner
David Walsh as President. The motion was seconded by Commissioner Hasman. There were
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no other nominations. There was a verbal vote, and Commissioner Walsh was elected to the
office of Planning Commission President.
Commissioner Hasman moved to nominate Commissioner Vermilyea for the office of Vice
President. The motion was seconded by Commissioner Caffall. Commissioner Walsh
nominated Commissioner Muldoon. There was no second. There was a secret ballot with
Commissioner Vermilyea getting the majority of votes and thus being elected.
President Walsh opened up the public hearing.
6. PUBLIC HEARING
6.1 DEVELOPMENT CODE AMENDMENT (DCA) 2009-00004. SEASONAL
OUTDOOR SALES CODE AMENDMENT — Cont'd from 12-07-09
STAFF REPORT
Gary Pagenstecher, Associate Planner, gave the staff report on behalf of Staff. [Staff reports
are available one week before each scheduled meeting.] Pagenstecher noted that this matter
had been continued from 10-19-09, to 11-2-09, to 12-7-09, to this date. He gave a brief
background on what had been said at the previous meetings. He acknowledged the presence
of a gentleman from the Tigard Grange named Phil Yount who had participated in the
meeting on 10/19. Pagenstecher said that at previous meetings Phil Yount (representing the
Tigard Grange) and Stan Baumhofer (representing the Tigard Area Farmer's Market) had
raised several issues in response to the proposed code amendments. In addition,
Commissioners had raised several issues in response to the proposed amendments, including
qualifying the type of organization, duration of the seasonal use, less onerous and more user-
friendly approval criteria, and a call out for hours of operation. These issues were addressed
in the staff analysis portion of the memorandum Pagenstecher wrote to the Planning
Commission dated 12-28-09, and reflected in the revised Development Code Amendment.
Pagenstecher went over the code sections that had been revised (18.785.020— "Types of
Temporary Uses"; and 18.785.040 "Approval Criteria") and noted that the other sections
addressed in the October 9, 2009 staff report remained unchanged.
After reviewing the changes noted on the memorandum, Pagenstecher said staff is asking
the Planning Commission to recommend this Development Code Amendment to the City
Council.
At this point, Pagenstecher asked if the commissioners had any questions of staff.
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QUESTIONS FROM COMMISSIONERS OF STAFF
I have a concern regarding the time references— there are multiple references where it says
less than one year as opposed to 7 months — and other places where time references aren't
universally applicable. Did you review this for consistency for time references? The chapter
"temporary uses"covers a number of uses. We have clarified and added `Seasonal Market"section
here and the duration relates specif tally to that use.
I understand your definition of"seasonal"is 30 days? Well, the seasonal market is one type of
season.
I suggest we change the language of 18.785.040 A.1. to say "except as provided in paragraph
6.
Commissioner Vermilyea said "it appears the intent of the language is to be very flexible for
the applicant-in that there is no definition of what "documentation" is in 6b. Also in saying
you must provide some form of market rules and policies that contain at least these items.
My suggestion would be to put A in the body of 6, making it a mandatory requirement and
change it to say something like "The applicant shall provide... etc." This last sentence says
the City may consider the following additional approval criteria for seasonal markets. I think,
in my mind, there are pretty significant differences between those rules and policies and
what other issues may arise depending on a given market. I think there needs to be kind of a
structural adjustment. One way to do it would be to move A up —make it#6, and make
everything else #7 —another way would be to move the body of A up and put it in as the 2nd
sentence in #6 and then have B become A, and C become B, etc. etc. But one of those two
things I think we ought to do because we need to distinguish between A and the rest in this
list.
There were more ideas discussed about how to go about changing the verbiage; and then the
questions continued.
My question revolves around two terms that are used. One in 17.785.020 sub A2 "chartered
public service/non-profit organization etc." - the word "charter" — that word makes me
uncomfortable because it's not really defined anywhere. I deal with non-profits and am not
aware of what a "charter non-profit" is. If we're going to use that word, I'd like to see it
defined. Secondly, the word in 18.785.040 6.B, C, & D - "documentation" - what kind of
documentation does staff intend when you use that term rather than the specific kinds of
reports that you're talking about. What sorts of documentation would a party use to satisfy
these criteria? Could you please speak to these? Pagenstecher answered 'Possibly some
mitigation plan, a sketch,fairly simple, a written plan, in some situations these could be sufficient. It
all depends on the circumstances— the simpler the circumstance, the simpler the documentation can
be."
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Pagenstecher went on to speak about the definition of charter— "a document outlining the
principals functions and organizations of the corporate body"- a constitution, again,just a very basic
thing. It is a simple statement of the purpose of the group."So you're not intending that an
organization be...for example... licensed with the state as corporate entity as a state charter/non-
profit necessarily? They could be a Girl Scout troop, or some other organization that may not have all
the formal documents in place. Yes— that's right. Conceivably getting a tax filing status costs money
and effort that the group wouldn't want to front and typically it's a hurdle to get that although groups
like it because it can fundraise if they do get that but in this case, it's theoretical. We don't really
know who's going to "come out of the woodwork"to want a market. Right now we're just throwing
out an `all comers welcome"— "try this out ifyou can meet these standards"and we can'tpresume
who those groups are going to be. It's as wide as possible." One of the commissioners
summarized "So, for example, what you're looking for is an organization that has a
constitution, a charter, but they are not be through the "State of Oregon." So you're looking
at groups that would be organized, have a charter, have a purpose, that kind of thing. Is that
the purpose behind the language?" Yes.
PUBLIC TESTIMONY— IN FAVOR:
Phil Yount, 11222 SW Cottonwood Lane, Tigard, manager for Tigard Grange had what he
said was a really basic question. "It seems as if the Tigard Grange is exempted from all this
in 18.785.010 C "Exemptions" — the first one says "seasonal and special events conducted
by and totally for the benefit of a Tigard-based nonprofit organization." If we're
exempted... does any of this apply to us? The word "totally" makes the grange non-exempt.
Pagenstecher: Can you clarify how this would work?Yount: "The Tigard Grange would ask
members (or non-members) to rent a little space from us and we'd get a share of their
profits from whatever stuff they sell. We'd use that as a fundraiser. Pagenstecher: So, in that
case, I'm thinking you would not be exempt. You would have vendors who would profit
also. Yount: "Oh— because of the word "totally"... "totally for the benefit of..." that
would explain it.
Some of the commissioners thought this language might be a bit confusing to others as well
and thought it would be best in 18.785.010 C to drop the word "totally" out and add the
words "exclusively by and for."
PUBLIC TESTIMONY— OPPOSED: None.
PUBLIC TESTIMONY CLOSED
DELIBERATIONS
There were no further questions or deliberations and the following motion was made by
Commissioner Muldoon, seconded by Commissioner Caffall:
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"I move to forward a recommendation of approval to City Council of application
DCA 2009-00004 continued from Dec 7th 2009, and adoption of the findings and
conditions of approval contained in the staff report and the deliberations tonight and
based on the testimony tonight."
"Do I need to itemize the differences?" Planning Commission Secretary Laughlin
answered, "Yes, please."
[The differences follow:]
Under "18.785.010 —under Part C, "Exemptions," it would read "events conducted
exclusively by and for," rather than the prior language.
Under 18.785.040 — at the end of sentence A.1, it would have "except as provided in
paragraph 6"; and under the same section "Part 6" we would move sub-par A up to
the part of the main paragraph, second sentence, where it would say "the applicant
shall provide" and then otherwise the remainder of the language in par-A would be
the same and an additional sentence would say "The City may also consider the
following criteria: and then B, C, D, & E would be labeled A thru D."
The motion CARRIED on a recorded vote, the Commission voted as follows:
AYES: Commissioner Anderson, Commissioner Caffall,
Commissioner Doherty, Commissioner Fishel, Commissioner
Gaschke, Commissioner Hasman, Commissioner Muldoon,
Commissioner Vermilyea, and Commissioner Walsh (9)
NAYS: None (0)
ABSTAINERS: None (0)
ABSENT: None (0)
Walsh stated that this would go to Council on February 9th.
7. STUDY SESSION Re Joint Meeting with Council Regarding Trees
STAFF REPORT
John Floyd, Associate Planner, introduced himself and gave the staff report on behalf of the
City. [Staff reports are available to the public upon request one week in advance of any
meeting.] Floyd said the purpose of this session is to help them prepare for the upcoming
joint Council/Planning Commission meeting scheduled for January 19th. Walsh asked him
to walk them through the memo (dated 12-28-09) that he'd prepared for the commissioners.
Floyd briefly went through the various topics that had been identified (Exhibit A).
QUESTIONS OF STAFF BY COMMISSIONERS:
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There were some general questions clarifying what the Council wanted, specifically in #5
referring to "discussing alternative outreach approaches" —Floyd said it was pretty much
`open ended'. They would like to see more public engagement in this process."
There was a basic discussion as to what kind of evaluative methods they might have when
looking at mitigation.
Floyd said the Planning Commission would make a recommendation to Council. Ultimately
they have the final word, the idea being to get the two bodies closer together in terms of
being on the same page.
Ron Bunch, Community Development Director, spoke about amendments to the Tree
Code. He said that, due to the changing nature of the community—infill and the like— a
line by line review should probably be done of the Tree Code - make sure it meets these
goals as well as the goals in the Comprehensive Plan. Walsh noted that the Urban Forestry
Master Plan 1.1 basically calls for a complete comprehensive review of the Tree Code,
followed by a comprehensive review of the landscaping code.
8. OTHER BUSINESS
Walsh suggested that in the future, after a public hearing that they do a "process check" —
did the Planning Commission handle it well? How do we work as a Planning Commission?
The commissioners agreed and said that would be at the president's discretion. Walsh
encouraged the Commissioners to email staff if they want to give them expectations.
Vermilyea asked if they could have a "map" of some sort as to how the coming year will
look. He would like some sort of plan of action. Ron Bunch spoke briefly about the fact
that they'd put together a strategic action plan; actually, a bit more tactical in nature —a
number of projects that are lined up for the next 18 months or so. Everything from
adoption of the Transportation System Plan, to periodic review of the Comprehensive Plan;
to the Land Use Program study for the Hwy 99W corridor and Downtown issues; public
facility plans; and so forth. Staff will assemble it into one document and bring it before the
commission. It's mapped out according to topic and also in a rough chronology. Vermilyea
would like to have the list take into account the goals of the Planning Commission for the
past few years. Since they went to the trouble of laying out the goals and spending the time
prioritizing—he'd like to focus on the things the Planning Commission set as priorities.
Bunch said those are on the list. The list is probably 14 or 15 pages.
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9. ADJOURNMENT
President adjourned the meeting at 8:50 pm.
Doreen Laughlin,Planning Commis ' n Secretary
ATTEST: nt David Walsh
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EXHIBIT A
• 0 MEMORANDUM
T I GARD
TO: Tigard Planning Commission
FROM: John Floyd,Associate Planner
RE: Study Session for Joint Meeting with Council on Tree Code Update Project
DATE: December 28, 2009
On January 19, 2010 the City Council and Planning Commission will participate in a joint meeting to discuss
the development of new urban forestry regulations. The intent of this meeting is to provide an early forum
to discuss guiding principles and desired project outcomes,which can help staff and the Planning
Commission in formulating a recommendation to Council over the coming year. To facilitate this dialogue,
staff has prepared a list of suggested topics (see below),which incorporates feedback provided by Council
on November 17, 2009 and by the Planning Commission on December 7, 2009.
At the meeting on January 4, 2010, the Planning Commission will prepare for the joint meeting in order to
determine shared points of concern and those of divergence or disagreement. The goal of the discussion is
to assure a productive meeting with the Council on January 19th
Topics for Joint Council and Commission Discussion
1. Council members and the Planning Commissioners identified the following issues to help
identify the degree of consistency and divergence with regard to the development of new urban
forestry regulations.
a. The appropriate balance of Mitigation versus Preservation; and
b. How far the City should go in respecting"property rights"versus limiting an owner's ability to
develop property in order to save or plant trees.
2. Council members expressed interest in communicating guiding principles, specific requests, or
desired outcomes to the Planning Commission with regard to:
a. Simplicity in the new code—avoid complexity; and
b. A two-tier approach with both an objective and discretionary approval path.
3. The Planning Commission expressed interest in specific advice or guidance from the Council
regarding the following aspects of the tree code amendments:
1
a. To what extent does the Council desire flexibility to accommodate desired project density?
b. To what degree should the Tree Grove Protection Program emphasize incentives,regulatory
protections, or a combination of the two?
4. The Planning Commission suggested using the goals of the Urban Forestry Master Plan to help
focus the joint discussion on the kinds of outcomes that are desired and achievable through the
Tree Code Update project. Staff suggests focusing on the following specific goals and sub-
goals as they are expected to produce the greatest amount of deliberation and public comment
during the course of the project.
Goal 1: Revise Tigard's Tree Code
Sub-Goal 1.1: Revise Tree Code to allow for more flexibility and ensure a qualitative
approach to tree preservation.
Sub-Goal 1.2: Revise tree code so that standards do not solely impact those property owners
with trees.
Goal 2: Revise Tigard's Landscaping Code
Goal 3: Develop a Tree Grove Preservation Program
Sub-Goal 3.1: Focus on preserving large groves of native trees.
Sub-Goal 3.2: Develop a flexible and incentive based grove preservation program that meets
the needs of affected property owners.
Goal 4: Develop a Hazard Tree Identification and abatement program
Sub-Goal 4.1: Establish a City storm and hazard tree response program.
Sub-Goal 4.2: Establish a City program to facilitate tree hazard identification and abatement
on private property.
Goal 6: Develop an urban forestry stewardship program
Sub-Goal 6.1: Prevent pre-development clearing of lots.
5. The Council expressed interest in discussing alternative outreach approaches beyond the
"typical" efforts for development of the tree code amendments.
2
1V •
PLEASE SIGN IN HERE
i
111111 a City of Tigard
TIGARD Memorandum .
To: Planning Commission
From: Gary Pagenstecher
Re: DCA2009-00004 Seasonal Outdoor Sales: Revised Development Code
Amendment addressing testimony and Commissioner Comments from the
October 19th Hearing
Date: December 28, 2009
The City initiated the proposed code amendment to facilitate the Tigard Grange and other public
benefit/service organizations, such as the Tigard Area Farmers'Market, to hold season-long events. The
proposal substantively amends the text of Chapter 18.785, Temporary Uses, by providing explicitly for
"seasonal markets" as a type of Seasonal or Special Event and by providing specific approval criteria
governing time, place, and manner.
At the Planning Commission's October 19, 2009 hearing, the Commission received testimony from
Phil Yount of the Tigard Grange and Stan Baumhofer of the Tigard Area Farmers' Market. Mr. Yount
was generally in favor of the proposed code amendments but worried that the approval criteria would
require specialized findings and the need to pay for consultant services. Mr. Baumhofer expressed
concern that the proposed code amendments included regulations which could stifle new business
development. In addition, Commissioners raised several issues in response to the proposed code
amendments including qualifying the type of organization,duration of the seasonal use,less onerous and
more user-friendly approval criteria, and a call out for hours of operation. These issues are addressed in
the following analysis and reflected in the attached Revised Development Code Amendment.
STAFF ANALYSIS
The following code sections have been revised as discussed below, while the proposed amendments to
other sections addressed in the October 9, 2009 Staff Report remain unchanged.
18.785.020 Types of Temporary Uses
This section contains the new temporary use "seasonal markets by chartered public service/non-profit
organizations." Commissioner's wanted to clarify staff's intention with respect to "chartered public
service/non-profit organizations." Staff supports the proposed language as a means to make the
seasonal market use available to a wide range of organizations and not just those that are non-profits
registered with the State's Corporation Division. Some public service organizations, such as a flower
guild or social club,may not be legal non-profits but nevertheless have a charter outlining the principles,
functions, and organization of the group. As Stan Baumhofer testified, the Tigard Area Farmers' Market
started out as a civic event. In addition, the dictionary definition of the terms provides sufficient detail
to determine if an organization qualifies.
Page 1 of 2
18.785.040 Approval Criteria
A sixth approval criterion is proposed to establish the location, timing, and manner of the seasonal
market use. This criterion provides a special term for seasonal markets of seven months to
accommodate weekend or weekday markets. Originally proposed from May through October, the
revised code amendment lengthens the period to include April as suggested by Mr. Yount. The period
could be extended to a full year, as suggested by Mr. Baumhofer, to provide maximum flexibility.
However, given the focus on seasonal markets for agricultural products, staff proposes the seven month
period.
Five additional approval criteria are listed (18.780.040.A.6.a-e), applicable to seasonal markets only.
Commissioners expressed concern that some of these criteria may potentially be too onerous for non-
profit organizations to meet for the ephemeral seasonal market use. The following changes are proposed
for criteria a through c to make them less onerous under the proposed revised code amendment:
a. The sponsoring organization's "market rules and policies" describe the operating procedures and
product mix allowed in a seasonal market. The City will require this document at the time of application
to ensure seasonal markets comply with the character of the seasonal temporary use type as described in
Section 18.785.020.A.2. The revised code amendment additionally lists basic elements that should be
included in the rules and policies,including the hours of operation. Seasonal markets would then be held
to the terms of rules and policies as reviewed and approved by the City at the time of application.
b. In demonstrating safe ingress and egress, "access plan" is replaced by "documentation" to allow the
applicant more flexibility. The expectation of a formal "Plan" can otherwise be substantively addressed
by findings, letters of concurrence, or other documentation.
c. To address potential traffic hazards, "traffic study" is replaced by "documentation" and "ODOT
review"is replaced by "coordination with ODOT."The expectation of a formal traffic study and review
by ODOT can otherwise be substantively addressed through findings, consultation, or other available
information.
Page 2 of 2
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Chapter 18.785
TEMPORARY USES
Sections:
18.785.010 Purpose
18.785.020 Types of Temporary Uses
18.785.030 Approval Process
18.785.040 Approval Criteria
18.785.050 Application Submission Requirements
18.785.010 Purpose
A. Purpose. The purpose of this chapter is to establish standards for the approval of three types of temporary
use:
1. Use that is seasonal or directed toward a specific event;
2. Use which is occasioned by an unforeseen event;and
3. Sales offices and model homes in conjunction with the sale of homes.
B. Disclaimer. This chapter is not intended to be a way to circumvent the strict application of the use
districts. Therefore, time limits are to be strictly enforced. This chapter '- - - _ _ : , : i • -
oalcs. - -
C. Exemptions. This chapter does not apply to 1)seasonal and special events conducted by and totally for the
benefit of a Tigard-based nonprofit organization, 2) garage sales, or a,i temporary construction offices in
conjunction with the initial development of residential, commercial or industrial property (three or more
dwelling units or lots). •
18.785.020 Types of Temporary Uses
A. Seasonal or special event. This type of temporary use is a use which by its nature will last less than one
year. Examples of this type of use are those associated with the sale of goods for a specific holiday, activity
or celebration, uses associated with construction, or seasonal use. This type of use does not apply to
businesses seeking a temporary or interim location. Examples of this type of temporary use include:
1. Use associated with the celebration of a specific holiday such as the sale of Christmas trees and
fireworks;
2. Use associated with the sale of fresh fruits, produce, and flowers, including seasonal markets by a
chartered public service/non-profit organization which may offer additional products and
SEASONAL OUTDOOR SALES REVISED DEVELOPMENI'CODE AMENDMENT DCA2009-00004
1/4/2010 PUBLIC HEARING PAGE 1 OP 3
services as provided in the organization's "market rules and policies" such as landscaping
plants, prepared food, animal products, and art/handcrafts assembled by the vendor;
3. Use associated with festivals or celebrations or special events;
4. Seasonal activities such as the sale of food at sports events or activities;
5. Use associated with construction such as the storage of equipment during the construction of roads or
development,but not a temporary sales office or model home as provided by Section 18.785;and
6. Temporary fund raising and other civic activities in commercial zoning districts.
18.785.030 Approval Process
A. Procedure type. Approval of various temporary uses shall be processed as follows:
1. Seasonal or special event: by means of a Type I procedure, as governed by Section 18.390.040, using
approval criteria in Section 18.785.040A;
2. Unforeseen/emergency situations: by means of a Type I procedure, as governed by Section 18.390.040,
using approval criteria in Sections 18.785.040B;
3. Temporary sales office/model home: by means of a Type I procedure, as governed by Section
18.390.030,using approval criteria in Sections 18.785.040C;
4. Temporary building in commercial and industrial zones: by means of a Type I procedure, as governed
by Section 18.390.040, using approval criteria in Sections 18.785.040D.
B. Effective Approval period. An approval for a temporary use by the Director shall be effective valid for a
period of one year unless otherwise stipulated by the approval.
C. Lapsing of approval. An approval for the temporary use by the Director shall lapse if:
1. Substantial construction of the approved plan or onset of the approved activity has not begun within
the approval period; and
2. Construction or activity on the site is a departure from the approved plan.
D. Renewal of approval. A temporary use approval may be renewed once by the Director for a period not to
exceed one year. Approval for a seasonal or special event use may be renewed on an annual basis in
the same manner as if it were an original application. Notice of the decision shall be provided to the
applicant.
E. Renewal for temporary residential sales office/model homes. A permit for temporary sales offices and
model homes may be renewed on an annual basis in the same manner as if it were an original application as
long as 50% or less of the total number of dwelling units have been issued occupancy permits.
18.785.040 Approval Criteria
A. Seasonal and special events. Using a Type I procedure, as governed by Section 18.390.030, the Director
shall approve, approve with conditions or deny based on findings that all of the following criteria are
satisfied:
1. The use occurs only once in a calendar year and for no longer a period than 30 consecutive days_
2. The use is permitted in the underlying zoning district.
SEASONAL,OUTDOOR SALES REVISEI)DEVELOPMENT CODE AMENDMENT DCA2009-00004
1/4/2010 PUBLIC HEARING PAGE 2 OF 3
3. The applicant has proof of the property-owner's permission to place the use on his/her property;
4. There will be no parking utilized by the customers and employees of the temporary use which is needed
by the property owner to meet his/her minimum parking requirement, as governed by Chapter 18.765,
Parking and Loading.
5. The use will provide adequate vision clearance, as governed by Chapter 18.795, Vision Clearance, and
shall not obstruct pedestrian access on public rights-of-way.
G. Seasonal markets are permitted in the C-G and MU-CBD zones and may operate from April
through October. Additional approval criteria for seasonal markets include the following:
a. Provide "market rules and policies" for City approval, which are consistent with the
seasonal market use description in 18.785.020.A.2 and will be observed for the duration
of the permit. Market rules and policies shall include hours of operation, location,
roduct 'uidelines vendor obli'ations vehicle loadin. unloadin• and an other
applicable policies guiding the operation of the market;
b. Provide documentation demonstrating adequate and safe ingress and egress exist when
combined with the other uses of the property, consistent with applicable standards of
Chapter 18.705,Access, Egress and Circulation;
c. Provide documentation demonstrating the use will not create a traffic hazard, including
coordination with ODOT if applicable;
d. Provide documentation that the use will not create adverse off-site impacts related to
noise, odors, vibrations, glare or lights that would be greater than otherwise allowed by
uses permitted outright in the zone; and
e. Signs are allowed as permitted in Chapter 18.780, however, the permitted period for
temporary signs may be approved to correspond to the duration of the permitted
seasonal market use.
18.785.050 Application Submission Requirements
A. General submission requirements. The applicant shall submit an application containing all of the general
information required for a Type I, depending on the type of temporary use for which the approval is
sought.
B. Additional information. In addition to the information described in Subsection A above, the applicant shall
provide a site plan, narrative and other information as specified in a detailed hand-out provided by the
Director.
C. Emergency situations. The Director may waive any of the requirements in this chapter or request additional
information in accordance with Chapter 18.390 for cases which involve destruction of an existing structure
due to fire, natural causes, or other circumstances that are beyond the control of the applicant. An
emergency as allowed by this subsection shall not include failure by the applicant to submit a temporary use
request as provided in this Chapter.■
SEASONAL OUTDOOR SALES REVISED DI VI I..OPMENT CODE,AMENDMENT DCA2009-00004
1/4/2010 PUBLIC HEARING PAGE 3 OF 3
1 MEMORANDUM
TIGARD
TO: Tigard Planning Commission
FROM: John Floyd,Associate Planner
RE: Study Session for Joint Meeting with Council on Tree Code Update Project
DATE: December 28, 2009
On January 19,2010 the City Council and Planning Commission will participate in a joint meeting to discuss
the development of new urban forestry regulations. The intent of this meeting is to provide an early forum
to discuss guiding principles and desired project outcomes,which can help staff and the Planning
Commission in formulating a recommendation to Council over the coming year. To facilitate this dialogue,
staff has prepared a list of suggested topics (see below),which incorporates feedback provided by Council
on November 17, 2009 and by the Planning Commission on December 7, 2009.
At the meeting on January 4, 2010, the Planning Commission will prepare for the joint meeting in order to
determine shared points of concern and those of divergence or disagreement. The goal of the discussion is
to assure a productive meeting with the Council on January 19`"
Topics for Joint Council and Commission Discussion
1. Council members and the Planning Commissioners identified the following issues to help
identify the degree of consistency and divergence with regard to the development of new urban
forestry regulations.
a. The appropriate balance of Mitigation versus Preservation; and
b. How far the City should go in respecting"property rights"versus limiting an owner's ability to
develop property in order to save or plant trees.
2. Council members expressed interest in communicating guiding principles, specific requests, or
desired outcomes to the Planning Commission with regard to:
a. Simplicity in the new code—avoid complexity;and
b. A two-tier approach with both an objective and discretionary approval path.
3. The Planning Commission expressed interest in specific advice or guidance from the Council
regarding the following aspects of the tree code amendments:
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a. To what extent does the Council desire flexibility to accommodate desired project density?
b. To what degree should the Tree Grove Protection Program emphasize incentives, regulatory
protections, or a combination of the two?
4. The Planning Commission suggested using the goals of the Urban Forestry Master Plan to help
focus the joint discussion on the kinds of outcomes that are desired and achievable through the
Tree Code Update project. Staff suggests focusing on the following specific goals and sub-
goals as they are expected to produce the greatest amount of deliberation and public comment
during the course of the project.
Goal 1: Revise Tigard's Tree Code
Sub-Goal 1.1: Revise Tree Code to allow for more flexibility and ensure a qualitative
approach to tree preservation.
Sub-Goal 1.2:Revise tree code so that standards do not solely impact those property owners
with trees.
Goal 2: Revise Tigard's Landscaping Code
Goal 3: Develop a Tree Grove Preservation Program
Sub-Goal 3.1: Focus on preserving large groves of native trees.
Sub-Goal 3.2: Develop a flexible and incentive based grove preservation program that meets
the needs of affected property owners.
Goal 4: Develop a Hazard Tree Identification and abatement program
Sub-Goal 4.1: Establish a City storm and hazard tree response program.
Sub-Goal 4.2: Establish a City program to facilitate tree hazard identification and abatement
on private property.
Goal 6: Develop an urban forestry stewardship program
Sub-Goal 6.1: Prevent pre-development clearing of lots.
5. The Council expressed interest in discussing alternative outreach approaches beyond the
"typical" efforts for development of the tree code amendments.
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