03/01/2010 - Packet Completeness Review
TIGARD for Boards, Commissions
and Committee Records
CITY OF TIGARD
Planning Commission
Name of Board, Commission or Committee
Date of Meeting
I have verified these documents are a complete copy of the official record.
Doreen Laughlin
Print Name
Signature
8-17-11
Date
City of Tigard
m .7 E d
Planning Commission Agenda
TIGARD
MEETING DATE: March 1, 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—7:02 p.m.
4. CONSIDER MINUTES 7:05 p.m.
5. PUBLIC HEARING—7:05 p.m.
5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2010-00001
LAND USE APPROVAL EXTENSIONS
REQUEST: The Community Development Director requests a development code amendment to amend
the text of the Site Development Review (18.360),Land Partitions (18.420), and Subdivision (18.430)
Chapters of the Tigard Community Development Code (TDC) extending land use decisions with approval
periods lapsing between July 1, 2008 and December 31, 2011. The approval period will be extended
through December 31, 2012. In addition, a new chapter is proposed (List of Term— 18.115) that lists all
defined terms within the TDC. LOCATION: Citywide. COMPREHENSIVE PLAN
DESIGNATION: Not applicable. ZONE: Not applicable. APPLICABLE REVIEW CRITERIA:
Community Development Code Chapters 18.360, 18.380, 18.390, 18.420, and 18.430; Comprehensive Plan
Goals 1, Public Involvement; Goal 2,Land Use Planning; Goal 9, Economic Development; Goal 10,
Housing; and Statewide Planning Goals 1, 2, 9 and 10.
6. WORK SESSION 8:05 p.m.
GOALS FOR PLANNING COMMISSION WORK-PLAN, 2010
7. OTHER BUSINESS 8:35 p.m.
8. ADJOURNMENT 8:40 p.m.
PLANNING COMMISSION AGENDA— MARCH 1, 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
March 1, 2010
1. CALL TO ORDER
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, Caffall, Doherty, Fishel, Gaschke, Hasman,
Muldoon, Vermilyea, and Walsh; Alternate Commissioner Shavey
•
Absent: Alternate Commissioner Schmidt
Staff Present: Ron Bunch, Community Development Director; Susan Hartnett,
Assistant Community Development Director; Cheryl Caines,Associate
Planner; Doreen Laughlin, Sr. Administrative Specialist
3. COMMUNICATIONS
Jeremy Vermilyea informed the commission that he had been elected to be chair of the
Tigard Transportation Advisory Committee (TTAC),which meets the first Wednesday of
each month. There will be a meeting the upcoming Wednesday so he anticipates reporting
back on that at a later time.
4. CONSIDER MEETING MINUTES
2-1-2010 Meeting Minutes: President Walsh asked if there were any additions, deletions, or
corrections to the minutes —there being none, Walsh then declared the minutes approved as
submitted.
At this point Walsh asked the commission to consider a change of order for the evening.
This, in light of the fact that Community Development Director, Ron Bunch, wasn't feeling
well and, to enable him to leave earlier and get some much needed rest, to take his item at
the top of the order. No one objected so the workshop regarding Planning Commission
goals and work plan for 2010 began.
I:\LRPLN\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10.doc Page 1 of 7
6. WORK SHOP — Goals for PC Work Plan, 2010
Vice President Vermilyea gave a quick run-down of what the Commission had asked of staff
regarding their work plan. He said his preference was to be pro-active rather than reactive to
what comes down the pike. Ron Bunch, Community Development Director, spoke to the
subject. He said he would talk about the 10 or 12 items that the commission had asked him
to identify that relate specifically to the Planning Commission's goals and work program. He
said he also related them to what the City Council wishes to accomplish in the next year—
both in the short-term and also in the mid-range projects two to five years out. He noted
that two of Council's five goals are applicable to Community Development. They are 1)
Implement the Comprehensive Plan, and 2) implement Downtown Urban Renewal. He
went over his memo and spoke about the action items (objectives) associated with each of
the two noted goals that require staff work (Exhibit A).
QUESTIONS FROM COMMISSIONERS OF STAFF
One of the commissioners said, I count at least 8 major topics and several sub-topics. We
won't have the time to get to all of these in any great detail during the course of this year.
How will we approach this?Will we set two or three priorities and then build a calendar
around attacking those priorities?What's the thought process in terms of how we're going to
go forward because I'm feeling a bit adrift in terms of what the next year is really going to
look like. I'd like us to think about self-imposed deadlines, etc. What do we do next?
Identify the two or three things we want to emphasize and then talk about the calendaring
aspect of it or... how do we want to do this?
Walsh said: "Along the same lines, I'd like to see some sort of matrix with what the priorities
are. Bunch said he thinks that's important. The chronology on some of these have been set
to a degree—the Transportation System Plan is underway, Downtown Circulation Plan is
underway." Vermilyea interjected that he has a little deeper knowledge now that he's sitting
on the TTAC. The TSP and the Downtown Circulation Plan's are pretty much "horses out
of the barn." There's already been a year and a half, two years of work on each of those.
The heavy lifting on those things has pretty much been done. To me those are in a separate
category than the ones where we're really going to have to start from scratch: the Triangle,
the 99W area—given the timing on the HCT [high capacity transit] issues, to me those two
are high priorities and probably the top two. It seems to me we have to figure out of the
others, the Community Development Code, the Tree Code, and the Public Facility Plan,
particularly what the other thing is — that we are the ones who are going to be driving as
opposed to the transportation related ones that are already kind of`down the road'.
Bunch responded saying the tree code update is really high on council's agenda. They want
that done —they've got the Urban Forestry Master Plan completed; however, they want to
take enough time with the Tree Code to make sure we identify any potential problems.
That's anywhere from an 8 to 21 month program. There are things we can get done in the
interim. The I-5 99W multi-modal corridor refinement plan is about a 15 month project.
I:\LRPLN\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10.doc Page 2 of 7
We'll get the technical work done within the year and then review, and then we'll have some
changes coming forward to you. Walsh reiterated that he would like a matrix of priorities
and some timing--knowing how long these things are going to take. It would be very
helpful to see all of that on one piece of paper. Please, if you could bring that back at a
future time or just send it out by email so we can have it to review and then we can pick it
up at a future meeting. Bunch thanked him and said he would do that.
Commissioner Shavey asked what things the commission could do to help staff on this.
Bunch said 99W is significant. I'm thinking of the Planning Commission in terms of playing
a different role. In the past there've been a large number of projects and issues come
forward. He said, in some respects, the Planning Commission deserves better
communication on some of these big projects. We need to keep you in the loop in terms of
what's happening, when it's happening, and also bring issues forward to the commission in
the form of work sessions. These TGM projects are oftentimes strictly structured with a
Technical Advisory Committee, a Citizen's Advisory Committee, and then a steering group
that steers the project along a set course. My objective would be to keep the Planning
Commission and other stakeholders in the loop on this very important issue. So that would
be a big help. Also, we have some real code issues—regulatory issues we need assistance
with. We'll be bringing these to you in fairly short order. Having the Planning Commissions'
attention on those kinds of things - like the extension of approvals that you'll hear tonight—
is going to be very important to us. We're all facing some challenging issues. Lastly, there are
things that Council and staff has interest in - sustainability, economic development, etc. As
we begin to develop those kinds of issues —working with you in work session would be very
helpful. You will not lack for work this next year, I promise you that. So thank you for that
question.
Commissioner Muldoon said he'd like to see included on the matrix interdependencies and
organizational drivers because there may be some things that the Commission can do that
might not be the top level priority which have fewer drivers or where we have a greater role.
Bunch noted that there are some synergies associated with implementing Urban Renewal
decisions made with economic development, for example. TSP Plan, Hwy99W in terms of
transportation efficiencies, so the interplay of those elements is important. He stated that
he'd identify some of that.
"Tree code—to what extent is the Tree Board going to be involved in dealing with the Tree
code update - or do you see that more at the planning level?" Susan Hartnett,Assistant
Community Development Director, answered briefly. She said they'd had a pretty lengthy
conversation with Council about how to approach the Tree Code Project over all. They
talked about 2 different optional ways to approach it and they did make a decision. She said
she anticipates bringing that back to this group since this group was part of their joint
conversation in January. We are also going to be proposing a specific community
involvement approach which would include Tree Board, Parks and Recreation Board, and
Transportation Advisory Committee members as sort of the core of that and then
identifying additional community and industry related representation. We haven't necessarily
I:\LRPLN\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10.doc Page 3 of 7
made a clear decision just yet as to whether or not we would invite a member of the
Planning Commission to be the specific liaison. We thought that might be something we
would talk to you about. Our notion is that the tree code cross-cuts so many interests that it
doesn't make sense to say it's this group or that group. It really needs to be a little of
everybody involved.
Commissioner Vermilyea summed it up saying "It sounds to me that the way you're
describing this is, we're going to have a dedicated group focused solely on tree code for a
while and then we will get periodic updates of that and at some point have a work session
and go through the final approval process. That's not going to be an integral sort of week by
week, month by month project for us like it was when we did the Comp Plan." Hartnett:
Yes, that's correct.
Walsh reiterated that what the Commissioners are asking of Ron Bunch is a matrix adding
priority timelines, drivers or interdependencies; and some summary comment regarding staff
and resources required. He said he's anticipating a rather large piece of paper - but as brief as
possible - in matrix format. He also asked whether there's an overall summary of the Comp
Plan. He'd like to see that in the future. Commissioner Doherty added that that would be a
very good communication tool:
5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2010-00001
LAND USE APPROVAL EXTENSIONS
REQUEST: The Community Development Director requests a development code
amendment to amend the text of the Site Development Review (18.360), Land
Partitions (18.420), and Subdivision (18.430) Chapters of the Tigard Community
Development Code (TDC) extending land use decisions with approval periods
lapsing between July 1, 2008 and December 31, 2011. The approval period will be
extended through December 31, 2012. In addition, a new chapter is proposed (List
of Term— 18.115) that lists all defined terms within the TDC.
Walsh opened up the public hearing.
STAFF REPORT
Cheryl Gaines,Associate Planner, went over the staff report (staff reports are available one
week before each scheduled meeting.) Using a PowerPoint slide (Exhibit B) she went over
the affected approval dates, expiration dates, and the new expiration date. She noted that
staff is recommending that the Planning Commission find in favor of amending the Site
Development Review, Land Partition, and Sub-division chapters of the Development Code
as determined with the alterations that may come about through the public process.
I:\I.RPLN\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10.doc Page 4 of 7
SOME OF THE QUESTIONS FROM COMMISSIONERS OF STAFF
You mentioned that codes have changed since some of these projects were approved... have they
changed so greatly that it's not something that developers when— ayear or two down the road— would
have to go through the entire the process again or were they code changes that they can incorporate into
what they already have? Caines: The only major amendment we've had is the Downtown
Code. At this point there was one development from 2008 which has gotten an approval
extension for the year and the applicant actually tried to incorporate what we had anticipated
to be the design standards for the new Downtown Code into his plan. So he's pretty well set
for fitting in with the new Development Code for Downtown. The other is the Knoll
project on the corner of Hunziker and Hall that was just approved— they've already
submitted for a building permit and have funding so they probably will be beginning their
construction in the next 6 months. So the ending approval date would be June 30, 2010.
Obviously, I don't anticipate any major code changes between now and June 30, 2010. So it
would be really few of these cases that are affected by the code change. I don't foresee that
it'd be a problem.
If we approve this it will revive already expired approvals? Yes.
Do you anticipate any pr jects that expired and were approved pursuant to Measure 37 claims being
impacted by this? No.
You raised an issue with respect to the omission of language regarding no additional extensions. If we
approve this extension, and have that language alone, and it turns out that 2092 isn't going to be
enough time, we have to come back and re-extend it... Can we then at that time deal with that
language issue? We could, yes.
Susan Hartnett interjected "There are many other communities in the Metro areas that have
done or are about to do similar extensions on their land use approvals and I frankly think we
ought to think about the competitive disadvantage we would place Tigard in when the
economy does begin to pick up.Jurisdictions that have a very high bar for entry into that
community's development process are likely to see a longer return to normalcy. There is
some advantage to us in not being too harsh on that. It's going to be a long, slow, return.
Allowing some flexibility for those reviews that have already gone through the queue and got
approved is I think in our best interest at this point— the community's best interest."
Are the changes proposed consistent with what other communities are doing? Hartnett:
Yes, they are. This was prompted by a request from a Tigard developer who has his ear to
the ground on the commercial development side. This isn't really the residential side, and the
commercial side is actually pacing behind the residential side. They're starting to see some
pick-up in residential. Commercial is still going down.
I:\L12PLN\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10.doc Page 5 of 7
PUBLIC TESTIMONY—IN FAVOR: None.
PUBLIC TESTIMONY— OPPOSED: None.
PUBLIC TESTIMONY CLOSED
DELIBERATIONS
Commissioner Doherty thinks it's a great idea. She thinks this is something that can go year
by year. It's tough for some of those folks and if codes are not going to be a big issue then I
don't see a problem.
There was some discussion regarding the economy and the fact that, most likely, they need
to be prepared to come back and look at this again. The general consensus was that this is
the right move at this point.
MOTION:
Commissioner Muldoon made the motion:
"I move that we forward a recommendation of approval for application of
Development Code Amendment DCA2010-00001 to amend the text for Site
Development Review (18.360), Land Partitions (18.420), and Subdivision (18.430)
Chapters of the Tigard Community Development Code to extend land use decisions
with approval periods lapsing between July 1, 2008 and December 31, 2011. The
extension would be advanced to extent through December 31, 2013 [later corrected to
2012]. In addition, approval authorize the addition of a new chapter 18.115 listing
defined TDC terms. No amendments to staff recommendations.
The motion was seconded by Commissioner Doherty. (Commissioner Fishel corrected the
motion to advance the extension to December 31, 2012 —rather than the stated 2013. They
all agreed to the correction and then a vote was taken.
The motion CARRIED on a recorded vote, the Commission voted as follows:
AYES: Commissioner Anderson, Commissioner Fishel,
Commissioner Caffall, Commissioner Doherty, Commissioner
Gaschke, Commissioner Hasman, Commissioner Muldoon,
Commissioner Vermilyea, and Commissioner Walsh (9)
I:\LRPLN\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10.doc Page 6 of 7
NAYS: None (0)
ABSTAINERS: None (0)
ABSENT: None (0)
President Walsh noted that this would go to Council on April 30th.
7. OTHER BUSINESS
Commissioner Vermilyea noted that he'd forgotten to mention something during his update
on the TTAC during the "Communications" portion of the agenda. He said the Tigard
Transportation Advisory Committee is in the process of forwarding a bicycle & pedestrian
sub-committee to look at bike/ped issues inside of Tigard. He said if anyone is interested in
participating in that, they are welcome to do so. The TTAC meeting is on Wednesday
(March 3) at 6:30pm in the 2hld floor conference room at the library. He suspected they will
have additional information on when and where the bike/ped group is going to meet.
Walsh went over the upcoming topics on the Planning Commission calendar. He gave a
gentle reminder to the commissioners that, especially during public hearings, they need to
ask to be recognized and wait to be called on by him before talking.
8. ADJOURNMENT
President Walsh adjourned the meeting at 8:04 pm.
Doreen Laughlin, Planning •mmission Secretary
ATT . - sent David + alsh
I:\LItPLN\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3-1-10,doc Page 7 of 7
RI EXHIBIT A
.
MEMORANDUM
T I GARD
TO: Pres. Walsh,VP Vermilyea, & Planning Commission Members
FROM: Ron Bunch, Community Development Director
RE: 2010 . 2011 Planning Work Program
DATE: February 24, 2010
INTRODUCTION
Staff appreciates the Planning Commission's interest in the tasks the Community Development
(CD) Planning Divisions have before them this next fiscal year and beyond. The following
summarizes these tasks.
BACKGROUND / DISCUSSION
CD's priority is to help Council achieve its 2010 goals. Two of Council's five goals are applicable to
CD. They are 1) Implement the Comprehensive Plan, and 2) Implement Downtown Urban
Renewal.
Following are specific objectives associated with each of the two noted goals that require staff work:
a) Complete the Transportation System Plan (TSP);
b) Begin Area Plans (Tigard Triangle, 99W Corridor, etc.);
c) Continue to Promote and Plan for 99W (Pacific Highway) Light Rail;
d) Initiate Developer Outreach and Recruitment for the Downtown;
e) Adopt Downtown Circulation Plan;and
f) Update the Tree code.
2010 Land Use /Transportation Projects which the Planning Divisions axe, or will be,working to
implement Council Goals and Objectives include the following:
1) 2035 Transportation System Plan;
2) Downtown Circulation Plan;
3) 99W High Capacity Transit (HCT) Land Use Plan (includes large parts of the Tigard Triangle);
4) Interstate 5 / 99W Corridor Multi-Modal Refinement Plan from (Portland to Tigard);
5) Funding Alternatives for Highway 99W HCT Alternatives Analysis; and
6) Tree Code Update.
1:\LRPLN\Planning Commission\2010 PC Packets\3-1-10\tpc minutes 3.1-10 Pxhibit/Woe 1
In addition there are three other land use and transportation projects which the CD department has
on its work program as listed below:
7) Tigard Comprehensive Plan Periodic Review (Economic Opportunities Analysis;Public Facility
Plan;Transportation System Plan);
8) Tigard Pathways Master Plan;
9) Tigard Community Development Code Updates; and
10) Street Connectivity Plan.
I:\LRPLN\Planning Commission\2010 PC Packets\3-1-f0\tpc minutes 3-1-101+.Aibit A.doc 2
LAND USE APPROVAL EXTENSIONS
_ Affected Approval Dates
January 1, 2007 —June 30, 2010
err---1 H-r;Y/14'1llYl ■/1t-
July 1, 2008 — December 31, 2011
11.0
New Expiration Date
December 31, 2012
V
PLEASE SIGN IN HERE
•
Tigard Planning Commission TIGARD
Agenda Item # Page j_ of�, Date of Hearing 2 - - 0
Case Number(s) X-N 20 `O -- 06 Oa 1 t \
Case Name Eyt�C.r15■oN r I.ANCVXS�Awtooc:1S CSJ C. PvreAr we,k--5
Location C°- w° 0,
If you would like to speak on this item, please CLEARLY PRINT
your name, address, and zip code below:
Proponent (FOR the proposal): Opponent (AGAINST the proposal):
Name: Name:
Address: Address:
City, State,Zip: City, State,Zip:
Name: Name:
Address: Address:
City, State, Zip: City, State, Zip:
Name: Name:
Address: Address:
City, State, Zip: City,State, Zip:
Name: Name: —Address: Address:
City, State, Zip: City, State, Zip:
Name: Name:
Address: Address:
City, State, Zip: City, State, Zip:
•
COMMUNITY
SPAAPERS
6605 SE Lake Road,Portland,OR 97222 ,
PO Box 22109 Portland OR 97269-2109
Phone:503-684-0360 Fax:503-62x3433
E-mail: legals®commnewspapers.com
AFFIDAVIT OF PUBLICATION { ,_.. '•. `;` :•,�_::'.'<,!"•t . : �'.,
State of Oregon, County of Washington,SS _ a�r ;k;•:;�•`:n.`i;, " ` ''
I, Charlotte Allsop, being the first duly sworn, i '`.:;rrl.•' ::iPUBLIC'HEARING ITEMS
depose and say that I am the Accountin "it efolloi�trin `willbecor sidecedbytl eTi air
I' ' ;t;'l h 'c' iori ot,A A, 0 Hearin on
Manager of The Times (serving Tigard, , 4 i .:kt'�,,'F� ' g ".
Tualatin & Sherwood), a newspaper of i . �: ' " - `6 aFe - : 2610 1i00 PM at tti ..
. a�
general circulation, published at Beaverton, � Y �� �� ''^���`��f�"' ��������°.!�1`"��'��"����•
g all Yv�,:.' g, .. . . ;,.:
in the aforesaid county and state, as defined •1!a: 8t �teen o ' "�O `s `�_`.'`
by ORS 193.010 and 193.020 that r T 1%.---- 0-.--• ,,i.o;. tyt�.�F,X:t ;5ft,i v i is>iidy�t d:..
Y n �p�,1u C ia,n j'j� er ✓.1 1,.,'..3
'i��+, �a�llrl thi,��, air,°�":;x•,t:1c:.��.;..
WOW: '^� !. �vu �"!',t.';. �.S �i',;�L.gg Cnn ��. nn�. .�;H�'k�..;' :,-� 'il-
,Y: ;`,;'1�4'.'�'���:�tCi7.. �.. �, FI; �....t' � � F.. !ql ��f';c.'t�y
City of Tigard
b the'G+ and ava� e: t. t h rt e;r Of
4 k"
•Public Hearin 13CA2o10-00001 PC 18 390 4, , 1 Co o c s
; rit p . s :; ;p' osa y makh g: o neit'`tide t `the,
TT1'�411; �.
:• '', ;,.':l{y c o nc��ion[: ;e re u� ,.e°• ,49,46' i. r `h:id.' .p l lic:
•11 ti ;Qi�tY if... s s .: . .` 8; j:',
A copy of which is hereto annexed,was 4:,,�,' 1:,.. . ,, 1's °�>:{,r. , ,4 ,
?t11�i.;R1IOX.IX11 ';ttk¢:. �t.. afb .; �� ;-d :''1if4�:.
published in:the,entire issue of said ""�` 4
3 ' , r :.',' ..et ii(:��( xii: a�.-c��, t.:3'i:25' 1 !:!:
newspaper for . hrpn 2 ; by a� t 50 9=d 1
:jlt.�.et 1;.�..tii k:�,•,. ;;1: .,'.,. .1•;:d�'.4END•;•.t�+,k" �....._a i
week in the following issue: ```'
February 11, 2010 , lA4g: r: ;3i
ti(.1,,,,i;�',,:?. :', ;.:i :•Kt:;,,j�:,t'",.,pr. ».t,ii,vc, •,89t.i.''�'?.u:... s,;,4.,,,:: ,:it,•4, '.s`';
P��LL� OcJ4o ' � �� ' t w ii 4 'Fdevel x .eit,code' e dm,I:-'.,o` .th text o `thhe Site
i i. S ,�,r� J y 4 r v... O.
CharlotteAll'sop(Accounting MaTMlager) ;. p ��+, ����� .��� �'''' ,.. � �.•,t',��,>:" �.
�,,�,,,,�,,�� .,S it Yyys i il?/r .4 ti er of•t i %. pm�{ytt t,
.',10.1. N. .f. py\. L h., a)'::'- 1?V ::;.. �,: „ '.` _•r z
X t +;-T •C. x din I c ,user • ,:l Bits:wi
Subscribed and sworn to before me this *eva,o)meni e"'d ,`r_:O ),':,:'.tee ii: .,
xoval p nods 1'`'. g bety een J ly 1,2008 an .;ece ber `l:,
•
February 11, 2010. 01 '
Y r . . 1;1 Y.Ttta ap ro a$• snio will•;lirr a te1,,'l i.4 15, c01)4.-=.:,,
� .c.1'j y} t •i �* '
'&l,2012 Its addition,h new,cl epteir'is jirgpo0..e'd(List of Teri
'18,'1`15' that; tlalldefincateijns witi intheTt C LOC 1T ON
NOTARY PUBLIC FOR ORE . liC4b a.; .NE:,Not'' .ilo A PLIC' ` E
�',: 'tt D e Q i ite#it'. Cha.`ters..'�.l.8360 ,
M commission expires r ,
P oat
Y t TO t)' : .• ., ►� tlar)`f''.. " $444 , .Ct i S i f t vr':' :1 ,.:a.. :
xi•., .blic Inv volt t : ;.< .ayyyy4.TT�r( e: it :; '.
;; s ;, .3_#; . fF i:";Sil• ,Y; :,t.;=.':':+' •t'` t .,f if..!
Acct#10093001 onomic� DevOlo t.. e:14.,, `� In , i Si''a�evide
Jt t f ;<r r s: S. 1C.
Attn: Patty Lansford „ g al 9,. ,S ` ppsc.'• �i ent e
nln Go 's. 10P 7 L iS s�..
City of Tigard ;'�atlabl8 or4; of the Ci s y bb;,1�'r �t .. :. ` '''' •
-,'t' �a ti i:4t)!3-sFG•.. 4,1,:(, :i,::3
13125.SW Hall Blvd or o / xty:Y �e`airtrtieitt/cd1 o. a t; �s, ,
r, d1•■yc/+n 1i(, c.1 ,,,,.,s,!;{aF-7.q l.f?,•Y...iieY;•.,i..'±!'y.;;:.! A.';;,r{3Xh 1 (!.•q' :1
i�' :•- .-12+, / 91' ti.{ : ,,,,13x,f,,4t:,.,„�:i .A'. t'.{t T. 1 ..1FiF...,
Tigard, O.R 97223 ...,."S. t ,r;, ..�,.,., :!'t '� 1. ,5= .... < ....:t
Size: 2 x 5.75"
Amount Due$96.03'`
•Please remit to address above.
City of Tigard
Ph
- . . I PLEASE PLACE UNDER CITY OF TIGARD LOGO IN THE LEGAL
TIGARD 'I NOTICE SECTION OF THE TIGARD TIMES, THE FOLLOWING:
PUBLIC HEARING ITEM:
The following will be considered by the Tigard Planning Commission at a Public Hearing on Monday March 1, 2010 at
7:00 PM at the Tigard Civic Center-Town Hall, 13125 SW Hall Blvd.,Tigard, Oregon.
Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and rules of
procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060.E. The
Planning Commission's review is for the purpose of making a recommendation to the City Council on the request. The
Council will then hold a public hearing on the request prior to making a decision.
Further information may be obtained from the City of Tigard Planning Division (Staff contact: Cheryl Caines) at 13125
SW Hall Blvd.,Tigard, Oregon 97223 or by calling 503-639-4171.
DEVELOPMENT CODE AMENDMENT (DCA) 2010-00001
LAND USE APPROVAL EXTENSIONS
REQUEST: The Community Development Director requests a development code amendment to amend the text of the
Site Development Review (18.360), Land Partitions (18.420), and Subdivision (18.430) Chapters of the Tigard Community
Development Code (TDC) extending land use decisions with approval periods lapsing between July 1, 2008 and December
31, 2011. The approval period will be extended through December 31, 2012. In addition, a new chapter is proposed (List
of Term — 18.115) that lists all defined terms within the TDC. LOCATION: Citywide. COMPREHENSIVE PLAN
DESIGNATION: Not applicable. ZONE: Not applicable. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.360, 18.380, 18.390, 18.420, and 18.430; Comprehensive Plan Goals 1,Public Involvement;
Goal 2, Land Use Planning; Goal 9, Economic Development; Goal 10, Housing; and Statewide Planning Goals 1, 2, 9 and
10. The proposed amendments are available for review on the City's website at http://www.tigard-
or.gov/city hall/departments/cd/code amendment.asp.
TT PUBLISH DATE: FEBRUARY 11,2010
(THERE IS NO MAP TO BE PUBLISHED WITH THIS LEGAL AD. THANK YOU.)
PRE-APP.HELD BY:
CITY OF TIGARD PLANNING DIVIS I,i;,a. , FINED
LAND USE PERMIT APPLICATION
II = •, JAN 0 5 210
City of Tigard Permit Center 13125 SlV Hall Bdvd., Tigard, OR 97223
TI GA .D Phone 503.639.4171 Fax 503.598.1960 CITY OF TIGAF D
PLANNINOENGINEEPIING
File# bck O(0° t) 9D I Other Case#
Date I K(/° By e e 7P-04.11 Receipt# Fee Date Complete
TYPE OF PERMIT YOU ARE APPLYING FOR
❑Adjustment/Variance(I or II) ❑Minor Land Partition (U) ❑ Zone Change(III)
❑ Comprehensive Plan Amendment(IV) ❑Planned Development(III) ❑ Zone Change Annexation(IV)
❑ Conditional Use(III) ❑ Sensitive Lands Review(I,II or III) ®Development Code Amendment(IV)
❑ Historic Overlay(II or III) ❑ Site Development Review(II)
❑ Home Occupation(II) ❑Subdivision(II or III)
•
LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available)
citywide
TAX MAPS&TAX LOT NOS.
TOTAL SITE SIZE ZONING CLASSIFICATION
APPLICANT*
City of Tigard
MAILING ADDRESS/CITY/STATE/ZIP
13125 SW Hall Blvd. Tigard, OR 97223
PHONE NO. FAX NO.
(503) 639-4171 (503) 684-7297
PRIMARY CONTACT PERSON PHONE NO.
•
Cheryl Gaines (503) 718-2437
PROPERTY OWNER/DEED HOLDER(Attach list if more than one)
N/A
MAILING ADDRESS/CITY/STATE/ZIP
PHONE NO. FAX NO.
*When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written
authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form
or submit a written authorization with this application.
PROPOSAL SUMMARY(Please be specific)
Amend the 18.360 (Site Development Review), 18.420 (Minor Land Partition), and 18.430 (Subdivision) to extend land
use approvals granted between January 1,2007 and June 30, 2010 to December 31, 2012. In addition,a new chapter is
proposed (18.115—List of Terms. This chapter will list all defined terms found in the Community Development Code.
APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS
DESCRIBED IN THE"BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET.
is\curpin\masters\land use applications\other land use applications.doc
1111
MEMORANDUM
TIGARD
TO: Planning Division
FROM: Cheryl Caines,Associate Planner
RE: Additional Approval Extensions for Site Development Review,Land
Partitions,and Subdivisions
DATE: 1/5/10
This application is for a proposed amendment to the Tigard Community Development Code that
will give additional time extensions for land use approvals granted between January 1, 2007 and June
30, 2010. The proposed extension will carry approvals through December 31, 2012. The additional
extension will be limited to Planned Developments, Site Development Review,Land Partitions, and
Subdivisions. The amendments are being proposed in response to the national and regional
economic downturn that has prevented applicants from constructing developments or reaching final
plat approval prior to the approvals expiring. Currently the code allows a one (1) year extension if
approval criteria can be met. Many of the applicant's have obtained these approvals but are still
unable to begin construction or reach final plat at this time. This amendment may allow enough
time for the economy to recover and construction to begin on these projects.
In addition, a new chapter is proposed (18.115 List of Terms) that will list all defined terms found
within the Community Development Code and will direct readers to the definition.
The proposed code language is attached.
Affected code chapters are:
18.115 List of Terms (new chapter)
18.350 Planned Developments
18.360 Site Development Review
18.420 Land Partitions
18.430 Subdivisions
DCA2010-0000.1
CODE AMENDMENT
Explanation of.Formatting
This,text amendment eh ploys the following;`fai0i4tting
{Bold/Underlinied] Text to be added.
[S thkethreitgh —`Text to be removed
New Code Chapter (18.115):
Chapter 18.115;
LIST OF TERMS
Sections:
18.115.010 List of Terms
18.115.010 List of Terms .:. 'I ' !
The following terms are defined in Chanter 18.1i`20 Definitions,unless indicated otherwise.
--
(list of defined terms)
Amended Code Chapters•(18:350, 18:360, 18 420, & 18.430):
Chapter 18.350
PLANNED DEVELOPMENTS
18.350.030 Administrative Provisions
A. Time limit on filmg of_detailed development plan.The concept plan approval expires after 1-1/2 years
unless an application'for.,defailed development plan and, if applicable, a preliminary plat approval or
request for extension is fiied` 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 Section 18.350.070.
B. Zoning map designation. The planned development overlay zone application shall be concurrently
approved if the detailed development plan is approved by the Planning Commission.The zoning map
shall be amended to indicate the approved planned development designation for the subject
development site. The approval of the planned development overlay zone shall not expire.
C. Extension.
1. The Director shall, upon written request by the applicant and payment of the required fee, grant
an extension of the approval period not to exceed one year provided that:
4-: a. No changes have been made on the original concept development plan as approved by the
Commission;
2: b. The applicant can show intent of applying for detailed development plan or preliminary plat
review within the one-year extension period; and
c. There have been no changes to the applicable Comprehensive Plan policies and ordinance
provisions on which the approval was based. . s.,,:
.0+ Q t ct.
2. Detailed plan approvals granted oh or after;` anuary 1, 2007:<through June 30, 2010 that
meet the approval requirements underr`section 18.350.030.C.1. .a-c shall be extended to
December 31, 2012. This subsection (4 shall terminate on Jaidary 2, 2013, without
further action of the City Council.
D. Phased development. _
1. The Commission shall approve a time schedule for developing a site in phases, but in no case
shall the total time period for all phases be greater than seven years without reapplying for
conceptual development'plan review.
The criteria for approving a phased detail development plan proposal are that:
a. The public facilities shall•beconstructed'in"conjunction with or prior to each phase; and
b The development and occupancy'df any:phase<shall not be dependent on the use of temporary
public facilities ,A temporary public facility is any facility not constructed to the applicable
City or district standard
E. Substantial;'modifications to concept plan. If the Planning Commission finds that the detailed
development plan or preliminary plat does not substantially conform to the concept plan, a new
concept plan shall be required.
F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of
this chapter.
G. Issuance of occupancy permits. The development shall be completed in accordance with the approved
detailed development plan including landscaping and recreation areas before any occupancy permits
are issued. However, when the Director determines that immediate execution of any feature of an
approved detailed development plan is impractical due to climatic conditions, unavailability of
materials, or other temporary conditions, 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. (Ord. 06-16)
Chapter 18.360
SITE DEVELOPMENT REVIEW
18.360.030 Approval Process
A. New developments and major modifications. Site development review for a new development or
major modification of an approved plan or existing development, as defined in Section 18.360.020.A,
shall be processed by means of a Type II procedure, as governed by Section 18.390.040,using
approval criteria contained in Section 18.360.090.
B. Minor modifications. Minor modifications of an approved plan or existing developments, as defined
in Section 18.360.060, shall be processed as a Type I procedure,as governed by Section 18.390.030,
using approval criteria contained in Section 18.360.060: :.;
C. Approval period. Site development review approval by the Director shall be effective for a period of
1-1/2 years from the date of approval. The site development review approval by the Director shall
lapse if:
1. Substantial construction of the approved plan has riot begun within a one-and-one-half years
period;or
2. Construction on the site is a departure from the approved plan.
D. Extension.
1. The Director shall, upon written request by the applicant and payment of the required fee,grant
an extension of the approval period not to exceed one year;provided that:
a. No changes are trade on the original site development review plan as approved by the
Director; :..; ;
2 bi ',:'The applicant can show intent of initiating on the site within the one-year
extension period;and
3- c. Therehave been no Changes to the'applicable Comprehensive Plan policies and ordinance
provisions on which the:approval was based.
2. Approvals granted on or after January 1,2007 through June 30,2010 shall be extended to
December 31,2012 ssubsection (2)shall terminate on January 2,2013,without
further action of the;C Council.
E. Phased development.
1. The Director shall approve a time schedule for developing a site in phases over a period of time
of one year, but in no case shall the total time period for all phases be greater than three years
without reapplying for site development review.
2. The criteria for approving a phased site development review proposal is that all of the following
are satisfied:
a. The public facilities are constructed in conjunction with or prior to each phase;
b. The development and occupancy of any phase is not dependent on the use of temporary
public facilities. A temporary public facility is any facility not constructed to the applicable
City or district standard;
c. The phased development shall not result in requiring the City or other property owners to
construct public facilities that were required as part of the approved development proposal;
and
d. The Director's decision may be appealed as provided by Section 18.390.040.G.No notice
need be given of the Director's decision.
3. The Director may waive or modify the approval period for.:.projects within the Washington Square
Regional Center in accordance with Section 18.630.020.:C {;Ord. 09-13)
18.420
LAND PARTITIONS
18.420.030 Approval Process
A. Decision-making process. The Director shall approve, approve'with conditions or deny an application
partition, which shall be reviewed by mans of a Type 11 procedure, as governed by Chapter 18.390,
using approval criteria contained in Section 1,8,420.050.
B. Time limit on approval. The partition approval by the Director shall be effective for a period of
1-1/2 years from the date of approval.
C. Lapsing of approval.- The partition or approval by the Director shall lapse if:
1. The partition has not been recorded or has been improperly recorded with Washington County
without the satisfactory.completion of all conditions attached to the approval;
2. The final recording is a departure from the approved plan.
D. Extension.
1. The Director shall, upon written request by the applicant and payment of the required fee, grant
an extension of the approval.period not to exceed one year provided that:
a. No changes are made on the original plan as approved by the Director;
2, b. The applicant can show intent of recording the approved partition or lot line adjustment
within the one-year extension period; and
3, c. There have been no changes in the applicable Comprehensive Plan policies and ordinance
provisions on which the approval was based.
Sc
Cl..'
2. Approvals ar-anted on or after January 1, 2007 through June 30, 2010 shall be extended to
December 31, 2012. This subsection (2) shall terminate on January 2, 2013, without
further action of the City Council.
18.430
SUBDIVISIONS
18.430.030 Approval Process
A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means
of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section
18.430.040. An application for subdivision may also be reviewed Concurrently with an application for
a planned development, as governed by Chapter 18.350.
B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I
procedure, as governed by Chapter 18.390,using approval criteria contained in Section 18.430.070.
C. Approval period. Preliminary plat approval by the Approval Authority shall.be effective for a period
of 1-1/2 years from the'date of approval. The preliminary plat shall lapse if
1. A final plat has not been submitted within a 1 112 year period;or
2. The final plat does not conform(o the preliminary plat asapproved or approved with conditions.
C. Extension.
1. The Director shall, upon written request by the applicantand payment of the required fee, grant
one extension of the approval period not to exceed one year;provided that:
a. No changes are made on the original preliinary plat plan as approved;
b, The applicant has expressed written intent of submitting a final plat within the one-year
extension period; .
c. There have been no.changes to:>the applicable ordinance provisions on which the approval
was based; and
4. d. An extension of time will;not preclude the development of abutting properties.
2. Approvals 2ranted on:=or after January 1,2007 throuth June 30,2010 shall be extended to
December 31,2012..:'::"This subsection (2) shall terminate on January 2,2013,without
further action of the City Council.
E. Phased development.
1. The Approval Authority may approve a time schedule for developing a subdivision in phases, but
in no case shall the actual construction time period for any phase be greater than two years
without reapplying for a preliminary plat;
2. The criteria for approving a phased site development review proposal are:
a. The public facilities shall be scheduled to be constructed in conjunction with or prior to each
phase to ensure provision of public facilities prior to building occupancy;
b. The development and occupancy of any phase shall not be dependent on the use of temporary
public facilities:
(1) For purposes of this subsection, a temporary public facility is an interim facility not
constructed to the applicable City or district standard; and
(2) The phased development shall not result in requiring the City or other property owners to
construct public facilities that were required as a part of the approval of the preliminary
plat. 3,
3. The application for phased development approval shall he reviewed concurrently with the
preliminary plat application and the decision may he``appealed in the same manner as the
preliminary plat.(Ord. 09-13)
•
•
.ro-
Sri
'i.
CHAPTER 18.115
LIST OF TERMS
Sections:
18.115.010 List of Terms
18.115.010 List of Terms
The following terms are defined in Chapter 18.120,Definitions,unless indicated otherwise.
Abandoned Sign See Chapter Alteration,Structural Bikeway
18.780, Signs Alternative Access Billboard See Chapter 18.780,
Abutting Lots Amendment Signs
Accept Amenity Buildable Area
Access Americans with Disabilities Building
Accessory Building Act Building Envelope
Accessory Dwelling Unit See Annexation Building,Primary
Dwelling-Related Definitions Antenna See also Chapter Building Height
Accessory Structure 18.798, Wireless Building Official
Acre Communication Facilities Building Permit
Active Use Facilities See Open Apartment See Dwelling Related Business See Chapter 18.780,
Space Facility-Related Definitions Signs
Definitions Appeal Caliper
Addition Applicant Canopy Cover See Chapter
Adjacent Lots See Abutting Lots Application 18.790, Tree Removal
Adjoining Lots See Abutting Approval Authority Change of Use
Lots Approved Plan City
Administrative Action Archaeological Site City Engineer
Adult Bookstore See Adult Area See Chapter 18.780, Signs City of Tigard
Entertainment-Related Assessed Valuation , City Recorder
Definitions Attached Dwelling See Collocation See Chapter 18.798,
Adult Entertainment-Related Dwelling-Related Definitions Wireless Communication
Definitions Awning Sign See Chapter Facilities
• Adult Bookstore 18.780, Signs Commercial Forestry See
• Adult Motion Picture Balloon See Chapter 18.780, Chapter 18.790, The Removal
Theater Signs Commission
• Specified Anatomical Areas Banner See Chapter 18.780, Common Wall
• Specified Sexual Activities Signs Complete and Entire
Adult Motion Picture Theater Base Flood See Flood-Related Complex
See Adult Entertainment Definitions Comprehensive See
Related Definitions Basement Comprehensive Plan-Related
`A'-Frame Sign See Chapter
Bench Sign See Chapter 18.780, Definitions
18.780, Signs Signs Comprehensive Plan-Related
Aisle Berm Definitions
Alle Bike Lane • Comprehensive
Y
•
• Generalized • Apartment Floodway See Flood-Related
• Land • Attached Dwelling Definitions
• Plan Coordination • Detached Dwelling Floodway Fringe See Flood
Conditional Use • Duplex Related Definitions
Construct See Chapter 18.780, • Dwellin Floor Area
g Floor Area Ratio
Signs • Manufactured Home
Contiguous Lots See Abutting Flush Pitched Roof Sign See
• Multiple-Family Dwelling Chapter 18.780, Signs
Lots
• Single-Family Dwelling Freestanding Si See Chapter Lot See Lot-Related
Easement 18.780, Signs
;,1'
Corner Side See Yard Related Egress Freeway Interchange See
D nitions Electrical Sign See Chapter Chapter 18.780, Signs ,,
Council 18.780, Signs Freeway-Oriented Sign See
Electronic Information Sign Chapter 18.780, Signs
Cultural Institution Auxiliary See Chapter 18.780, Signs Front See Yard-Related
efi
Sign See Chapter 18.780, Signs Enlargement Dnitions
Cutout See Chapter 18.780, Entryway Sign See Chapter Frontage See also Chapter
Si ns 18.780,Signs 18.780, Signs
g Exception
Dedication Front Lot Line See Lot belated
FAA See Chapter 18.798, Definitions
Dedication,Fee In Lieu Of ,„,
Deed Wireless Communication Garage
Demolish Facilities Generalized See Comprehensive
Density Face Plan-Related Definitions
Density Bonus Face of a Building See Chapter Glare
Density Transfer 18.780, Signs Guyed Tower See Chapter
Detached Dwelling See FCC See Chapter 18.798, 18.798, Wireless
Dwelling Related Definitions Wireless Communication Communication Facilities
Development Facilities Habitable Floor Area
Development Review See Fence,Sight-Obscuring Hazardous Tree See Chapter
Chapter 18.780, Signs
Final Action 18.790, Tree Removal
Development Site Final Decision See Final Action Home Occupation •
Directional Sign See Chapter Final Order See Final Action Homeowners Association
18.780, Signs Findings Household
Director Flag Lot See Lot-Related Housing Complex See Chapter
efi
Display Surface See Chapter Dnitions 18.780,Signs
Flashing Sign See Chapter Immediate or Serious Danger
18.780, Signs g
Draina e Way 18.780,Signs See Chapter 18.780,Signs
g y Floodplain See Flood-Related
Drive-Through Facility p Impact Analysis
Drivewa Definitions Impervious Surface
y Flood-Related Definitions Implementing Ordinance
Duplex See Dwelling-Related p g
Definitions
• Base Flood Improved Lot See Lot-Related
Dwelling See Dwelling-Related • Floodplain Definitions
Definitions • Floodway Improvement
Dwelling-Related Definitions • Floodway Fringe Industrial Park See Chapter
18.780, Signs
• Accessory Dwelling Unit
Ingress •Lot Depth Non-Residential Building See
Interior Lot See Lot-Related • Lot Line Chapter 18.755,Mixed Solid
Definitions •Lot Line Adjustment Waste And Recyclable Storage
Land See Comprehensive Plan- • Lot of Record Non-Structural Trim See
Related Definitions • Lot Width Chapter 18.780, Signs
Land Form Alteration Occupancy Permit
Landscaping • Rear Lot Line Off-Site Impact
Lattice Tower See Chapter • Side Lot Line Off-Site Improvement
18.798, Wireless • Substandard Lot Open Space Facility-Related
Communication.Facilities • Tax Lot Definitions
Lawn Sign See Chapter 18.780, • Through Lot • Active Use Facilities
Signs • Zero Lot Line • Minimal Use Facilities
Legal Entity See Chapter Lot Width See Lot-Related • Passive Use Facilities
18.780, Signs Definitions Oregon Administrative Rules
Legislative Maintenance See Chapter Oregon Revised Statutes
Lighting Methods See Chapter 18.780, Signs Outdoor Storage
18.780, Signs Manufactured Home See Owner
Loading Area See Loading Space Dwelling-Related Definitions Painted Wall Decorations See
Loading Space Minimal Use Facilities See Open Chapter 18.780, Signs
Lot See Lot-Related Definitions Space Facility-Related Painted Wall Highlights See
Lot Area See Lot-Related Definitions Chapter 18.780, Signs
Definitions Mitigation Painted Wall Sign See Chapter
Lot Averaging See Lot-Related Mixed Solid Waste See Chapter 18.780, Signs
Definitions 18.755,Mixed Solid Waste Park
Lot Coverage See Lot-Related And Recyclable Storage Parking Space
Definitions Mixed-Use Development Partition
Lot Depth See Lot Related Mobile Home Party
Definitions Mobile Home Park Passive Use Facilities See Open
Lot Line See Lot-Related Mobile Home Subdivision Space Fadlity-Related
Definitions Monopole See Chapter 18.798, Definitions
Lot Line Adjustment See Lot- Wireless Communication Perimeter
• Related Definitions Facilities Permitted Use
Lot of Record See Lot-Related Moving Sign See Chapter Person See also Chapter 18.780,
Definitions 18.780, Signs Signs
Lot-Related Definitions Multiple-Family Dwelling See Plan Coordination See
• Corner Lot Dwelling-Related Definitions Comprehensive Plan-Related
• Flag Lot Multi-Unit Residential Definitions
• Front Lot Line Building See Chapter 18.755, Plat
• Improved Lot Mixed Solid Waste And Premises See Chapter 18.780,
• Interior Lot Recyclable Storage Signs
• Lot Neighborhood Activity Center Projecting Sign See Chapter
• Lot Area Noise 18.780, Signs
Nonconforming Sign See Projection See also Chapter
• Lot Averaging
Chapter 18.780, Signs p g 18.780, Signs
• Lot Coverage Nonconforming Situation
Provider See Chapter 18.798, Single-Family Dwelling See Tree See also Chapter 18.790,
Wireless Communication Dwelling-Related Definitions Tree Removal
Facilities Site Uniform Building Code See
Pruning See Chapter 18.790, Slope Chapter 18.780, Signs
Tree Removal Source-Separated Recyclable Use
Public Business Day • See Chapter 18.755,Mixed Vehicle Parking Space
Public Support Facilities Solid Waste And Recyclable Vision Clearance Area
Quasi-Judicial Storage Visual Obstruction
Reader-Board Sign See Chapter Specified Anatomical Areas See Wall Sign See Chapter 18.780,
18.780,Signs Adult Entertainment-Related Signs
Rear See Yard-Related Definitions Definitions Wetlands
Rear Lot Line See Lot-Related Specified Sexual Activities See Will
Definitions Adult Entertainment-Related Window
Receipt Definitions Wireless Communication
Recreational Vehicles Storage Area See Chapter Facility See Chapter 18.798,
Remodel 18.755,Mixed Solid Waste Wireless Communication
Removal See Chapter 18.790, And Recyclable Storage Facilities
Tree Removal Story Wireless Communication
Reserve Strip Story, First Facility,Attached See Chapter
Residence Story,Half 18.798, Wireless
Residential Trailer Street Communication Facilities
Revolving Sign See Chapter Street,Private Wireless Communication
18.780, Signs Street,Public Transmissions Towers See
Right-of-Way Structural Alteration See Chapter 18.798, Wireless
Road Chapter 18.780, Signs Communication Facilities
Roof Structure Yard See Yard-Related Definitions
Roof Line See Chapter 18.780, Subdivision Yard-Related Definitions
Signs Substandard Lot See Lot-Related • Corner Side
Roof Sign See Chapter 18.780, Definitions • Front
Signs Substantial Improvement • Rear
Rotating Sign See Chapter Surface Street See Chapter • Side
18.780, Signs 18.780, Signs
Sensitive Lands See Chapter Tax Lot See Lot-Related •Yard
18.790, Tree Removal Definitions
Lot Line See Lot-Related
fi
Setback Temporary Sign See Chapter Dnitions
Shopping Center See Chapter 18.780, Signs Zoning District
18.780, Signs Temporary Use
Shopping Plaza See Chapter Tenant Sign See Chapter 18.780,
18.780, Signs Signs
Side See Yard-Related Definitions Through Lot See Lot-Related
Side Lot Line See Lot-Related Definitions
Definitions Tigard-Based Nonprofit
Sign See Chapter 18.780,Signs Organization
Sign Structure See Chapter Traffic Flow Plan
18.780,Signs
Agenda Item: 5.1
Hearing Date: March 1,2010 Time: 7:00 PM
STAFF REPORT TO THE
PLANNING COMMISSION 's
FOR THE CITY OF TIGA , N � w
SECTION I. APPLICATION SUMMARY
CASE NAME: LAND USE APPROVAL EXTENSIONS
CASE NO.: Development Code Amendment (DCA) DCA2010-00001
PROPOSAL: The Community Development Director requests a development code amendment to
amend the text of the Site Development Review (18.360), Land Partitions (18.420), and
Subdivision (18.430) Chapters of the Tigard Community Development Code (TDC)
extending land use decisions with approval periods lapsing between July 1, 2008 and
December 31, 2011. The approval period will be extended through December 31, 2012.
In addition, a new chapter is proposed (List of Term — 18.115) that lists all defined terms
within the TDC.
APPLICANT: City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
ZONE: Not Applicable.
LOCATION: Citywide.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.360, 18.380, 18.390, 18.420, and 18.430;
Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goal 9,
Economic Development; Goal 10, Housing; and Statewide Planning Goals 1, 2, 9 and 10.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission find in favor to amend the Site Development Review, Land
Partitions, and Subdivision regulations, with any alterations as determined through the public hearing process
and make a final recommendation to the Tigard City Council.
DCA2010-00001 LAND USE APPROVAL EXTENSIONS I ENSIONS PAGE 1 OF 10
3/1/10 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
SECTION III. PROPOSAL & BACKGROUND INFO ATION
The proposal is to amend the Site Development Review, Land Partitions, and Subdivision code section of the
Tigard Community Development Code (TDC) extending land use decisions with approvals lapsing between
July 1, 2008 and December 31, 2011. In addition, a new chapter (18.115 — List of Terms, Attachment 1) is
proposed that lists all defined terms found in the TDC. The application was initiated by the City in response
to the national economic downturn and requests made by applicants and interested parties, such as the Home
Builder's Association (HBA). Copies of letters received from John Wyland with J.T. Smith Companies and
Ernie Platt with the Home Builder's Association are included in the Planning Commission packet(Attachments
2 & 3).
Currently the TDC grants an eighteen month approval period for Site Development Review (SDR), Land
Partitions (1M4LP), and Subdivisions (SUB) that begins on the date an approval becomes final or effective. The
TDC allows the Community Development Director to grant a one year extension of the approval upon written
request by the applicant, payment of the required fee, and satisfaction of approval criteria. Those criteria
include: no changes made to the original plan approved by the Director, intent of initiating construction or
recording of plat within the one year extension period, and no changes to the applicable Comprehensive Plan
policies and ordinance provisions on which the approval was based. Subdivision extensions also require that
the extension will not preclude the development of abutting properties.
Staff has reviewed land use approvals from 2005 through 2009 and determined that there are a total of 42 cases
that will be affected by this amendment. Of the 100 SDR, MLP, and SUB cases approved during this period,
many cases are not affected by this amendment since the development was constructed, the applications were
withdrawn, the sites were located in the Washington County Urban Service Area, or subdivision/partition plats
were recorded. Of the 42 cases affected by the amendment- 12 are SDRs, 15 are MLPs, and 15 are SUBs. As
of the date of this report, 12 had already expired. An additional 8 will expire in the next six months.
The purpose of the proposed extension is to allow applicants to begin previously approved residential and
commercial projects as soon as financial resources are available and the market demands. If there is no
extension, applicants will need to re-apply for approval, which will take additional time and financial resources.
The proposed amendment only affects SDRs, SUBs, and MLPs, all of which are Type II administrative
decisions. Type III decisions are not included because the applications follow a different process and involve
public hearings. Since the bulk of incomplete projects expire in 2009 and 2010, the time frame chosen captures
the greatest number of cases affected by the economic downturn. By including approvals lapsing on
December 31, 2011, the intent is to automatically extend these cases by the one (1) year allowed by code, but
not allow further extensions. Many other jurisdictions in Oregon (Portland, Tualatin, Newberg, Bend,
Redmond, and Albany) have approved similar code amendments extending approvals in light of the poor
economic conditions.
In addition to the extension language, a new chapter of the TDC is proposed (18.115- List of Terms). Many
definitions can be found in chapter 18.120 —Definitions, but some are spread throughout the code and may be
difficult to find. This user-friendly list indicates which terms are defined and where to find such definitions.
ISSUE SUMMARY
This amendment was initiated by the City due to the economic downturn and request from applicants and
interested parties.
♦ The amendment only affects Type II Site Development Reviews, Subdivisions, and Minor Land Partitions,
with approvals lapsing between July 1, 2008 and December 31, 2011. Currently there are 42 cases which
would be extended.
DCA2010-00001 LAND USE APPROVAL EXTENSIONS IENSIONS PAGE 2 OF 10
3/1/10 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
♦ Land use approvals expire 18 months after the effective date unless under construction or a plat has been
recorded. The existing code allows a one (1) year extension period to the original 18 month approval.
• The amendment may facilitate the construction of previously approved commercial and residential
development by allowing construction to begin as soon as the economy improves. Applicants may choose
to act on the approval rather than letting them expire. Denying the amendment would require additional
time for applicants to re-apply and payment of additional fees. It is also possible that the applicant would
be subject to new code requirements adopted after their original approval.
SECTION IV. SUMMARY OF APPLICABLE CRITERIA
APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE
Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states
that legislative zoning map and text amendments shall be undertaken by means of a Type IV
procedure, as governed by Section 18.390.060G.
The proposal is to amend chapters 18.360, 18.420, and 18.430 of the Tigard Development Code and creation
of a new chapter, 18.115. Therefore, the amendment will be reviewed under the Type IV legislative procedure
as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City
Council.
Section 18.390.060.G establishes standard decision-making procedures for reviewing Type IV
applications. The recommendation by the Commission and the decision by the Council shall be
based on consideration of the following factors: 1) The Statewide Planning Goals and Guidelines
adopted under Oregon Revised Statutes Chapter 197; 2) Any federal or state statutes or regulations
found applicable; 3) Any applicable METRO regulations; 4) Any applicable comprehensive plan
policies; and 5) Any applicable provisions of the City's implementing ordinances.
Findings and conclusions are provided below for the applicable listed factors on which the recommendation by
the Commission and the decision by the Council shall be based.
♦ The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter
197;
At least 45 day advance notice must be provided to the Oregon Department of Land Conservation and
Development (DLCD). This notice was mailed on January 11, 2010, 48 days prior to the first scheduled public
hearing as required. In addition, the Tigard Develo-Dment Code (TDC) and Comprehensive Plan have been
acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this
proposal.
Statewide Planning Goal 1— Citizen Involvement
This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes
to the Comprehensive Plan and implementing documents. This goal has been met by complying with the
Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the
Tigard Times Newspaper (February 11, 2010) prior to the Planning Commission public hearing. A second
notice will be published prior to the City Council hearing. In addition a notice of the public hearings was
mailed to interested citizens, and a request for comments was sent to affected agencies.
Statewide Planning Goal 2—Land Use Planning
This goal outlines the land use planning process and policy framework. The Department of Land
Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent
with the statewide planning goals. The Development Code implements the Comprehensive Plan. The
Development Code establishes a process for, and policies to review changes to the Development Code
consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for
DCA2010-00001 LAND USE APPROVAL EXTENSIONS I NSIONS PAGE 3 OF 10
3/1/10 PUBLIC t ICARING STAFF REPORT TO PLANNING COMMISSION
amending the Code consistent with Goal 2.
Statewide Planning Goal 9 —Economic Development
This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital
to the health, welfare, and prosperity of Oregon's citizens. The Department of Land Conservation and
Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide
planning goals. Consistency with the City's Comprehensive Plan Economic Development goal and policies is
discussed later in this report.
Statewide Planning Goal 10 — Housing
This goal outlines provisions to insure state housing needs are met. This text amendment indirectly affects this
goal by allowing. more time for previously approved subdivisions and partitions to be completed, creating more
sites for single family units.
♦ Applicable Comprehensive Plan Policies:
Comprehensive Plan Goal 1: Citizen Involvement
Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all
phases of the planning process.
Two public hearings are held (one before the Planning Commission and the second before the City Council) at
which an opportunity for public input is provided. The City has mailed notice of the Planning Commission
and City Council hearings to interested citizens. A request for comments was mailed to affected agencies. The
City published notice of the Planning Commission hearing in the Tigard-Tualatin Times (February 8, 2010).
After the Planning Commission public hearing, additional notice will be published prior to the City Council
hearing. With these -public involvement provisions, the proposed Development Code Amendment is
consistent with applicable Citizen Involvement policies.
Comprehensive Plan Goal 2: Land Use Planning
Goal 2.1: Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as
the legislative foundation of Tigard's land use planning program.
Policy 2: The City's land use regulations, related plans, and implementing actions shall be consistent
with and implement its Comprehensive Plan.
The current development code allows an applicant to request a one (1) year extension. An additional extension
is proposed for land use decisions lapsing between July 1, 2008 and December 31, 2011. The request updates
the implementing regulations of the Comprehensive Plan, which is the Tigard Development Code, consistent
with the applicable provisions of the Land Use Planning Goal.
Goal 9.1 Develop and maintain a strong, diversified, and sustainable local economy.
Policy 3. The City's land use and other regulatory practices shall be flexible and adaptive to promote
economic development opportunities, provided that required infrastructure is made available.
Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of
current and future City residents.
Policy 1. The City shall adopt and maintain land use policies, codes, and standards that provide
opportunities to develop a variety of housing types that meet the needs, preferences, and financial
capabilities of Tigard's present and future residents.
The proposed amendments are indirectly related to goals 9 (Economic Development) and 10 (Housing) of the
DCA2010-00001 LAND US1 s APPROVAL 1�XTENSIONS PAGE 4 OF 10
3/1/10 PUB]AC Ill?ARING STAFF RI TORT TO PLANNING COMMISSION
Comprehensive Plan. The amendment will allow more time for projects to be completed when economic
times are better, thus furthering the City goals for maintaining a strong economy and providing a variety of
housing types.
e Any applicable provision of the City's implementing ordinances.
Code Section 18.380 Zoning Map and Text Amendments:
This section regulates amendments. It outlines the process for reviewing Development Code Text
Amendments. The present amendment will be reviewed under the Type IV legislative procedure as set forth in
the chapter. This procedure requires public hearings by both the Planning Commission and City Council.
Code Section 18.390 Decision-Making Procedures:
This chapter establishes standard decision-making procedures for reviewing applications. The amendment
under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter.
DCA.2010-00001
LAND USE APPROVAL EXTENSIONS
CODE AMENDMENT
Explanation of Formatting
This text amendment employs the following formatting:
[Bold/Underlined] —Text to be added
[Strikcthrough] —Text to be removed
New Code Chapter (18.115):
(list of defined terms—see Attachment 1)
Amended Code Chapters (18.360, 18.420, & 18.430):
Chapter 18.360
SITE DEVELOPMENT REVIEW
18.360.030 Approval Process
A. New developments and major modifications. Site development review for a new development or major
modification of an approved plan or existing development, as defined in Section 18.360.020.A, shall be
processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria
contained in Section 18.360.090.
B. Minor modifications. Minor modifications of an approved plan or existing developments, as defined in
Section 18.360.060, shall be processed as a Type I procedure, as governed by Section 18.390.030, using
approval criteria contained in Section 18.360.060.
DCA2010-00001 LAND USE APPROVAL EXTENSIONS PAGE 5 OF 10
3/1/10 PUBLIC I IEARING STAFF REPORT TO PLANNING COMMISSION
C. Approval period. Site development review approval by the Director shall be effective for a period of 1-1/2
years from the date of approval.The site development review approval by the Director shall lapse if:
1. Substantial construction of the approved plan has not begun within a one-and-one-half years period; or
2. Construction on the site is a departure from the approved plan.
D. Extension.
1. The Director shall, upon written request by the applicant and payment of the required fee, grant an
extension of the approval period not to exceed one year;provided that:
4, a. No changes are made on the original site development review plan as approved by the Director;
2, b. The applicant can show intent of initiating construction on the site within the one-year extension
period; and
c. There have been no changes to the applicable Comprehensive Plan policies and ordinance
provisions on which the approval was based.
2. Approval periods for Site Development Review lapsing between July 1, 2008 and December 31,
2011 shall be automatically extended through December 31, 2012. No further extensions will be
granted.
E. Phased development.
1. The Director shall approve a time schedule for developing a site in phases over a period of time of one
year, but in no case shall the total time period for all phases be greater than three years without
reapplying for site development review.
2. The criteria for approving a phased site development review proposal is that all of the following are
satisfied:
a. The public facilities are constructed in conjunction with or prior to each phase;
b. The development and occupancy of any phase is not dependent on the use of temporary public
facilities. A temporary public facility is any facility not constructed to the applicable City or district
standard;
c. The phased development shall not result in requiring the City or other property owners to construct
public facilities that were required as part of the approved development proposal; and
d. The Director's decision may be appealed as provided by Section 18.390.040.G. No notice need be
given of the Director's decision.
DCA2010-00001 LAND USE APPROVAL EXTENSIONS PAGE 6 OF 10
3/1/10 PUBLIC I IEARING STAFF REPORT TO PLANNING COMMISSION
3. The Director may waive or modify the approval period for projects within the Washington Square
Regional Center in accordance with Section 18.630.020.C. (Ord. 09-13)
18.420
LAND PARTITIONS
18.420.030 Approval Process
A. Decision-making process. The Director shall approve, approve with conditions or deny an application
partition, which shall be reviewed by means of a Type II procedure, as governed by Chapter 18.390, using
approval criteria contained in Section 18.420.050.
B. Time limit on approval. The partition approval by the Director shall be effective for a period of 1-1/2
years from the date of approval.
C. Lapsing of approval. The partition or approval by the Director shall lapse if:
1. The partition has not been recorded or has been improperly recorded with Washington County without
the satisfactory completion of all conditions attached to the approval;
2. The final recording is a departure from the approved plan.
D. Extension.
1. The Director shall, upon written request by the applicant and payment of the required fee, grant an
extension of the approval period not to exceed one year provided that:
a. No changes are made on the original plan as approved by the Director;
27 b. The applicant can show intent of recording the approved partition or lot line adjustment within the
one-year extension period; and
37 e. There have been no changes in the applicable Comprehensive Plan policies and ordinance
provisions on which the approval was based.
2. Approval periods for Land Partitions lapsing between July 1, 2008 and December 31, 2011 shall
be automatically extended through December 31, 2012. No further extensions will be granted.
18.430
SUBDIVISIONS
18.430.030 Approval Process
A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of a
Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.040.
An application for subdivision may also be reviewed concurrently with an application for a planned
development, as governed by Chapter 18.350.
DCA2010-00001 LAND USI1 APPROVAL EXTENSIONS PAGE 7 01 10
3/1/10 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION
B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I
procedure, as governed by Chapter 18.390,using approval criteria contained in Section 18.430.070.
C. Approval period. Preliminary plat approval by the Approval Authority shall be effective for a period of 1-
1/2 years from the date of approval. The preliminary plat shall lapse if:
1. A final plat has not been submitted within a 1-1/2 year period; or
2. The final plat does not conform to the preliminary plat as approved or approved with conditions.
C. Extension.
1. The Director shall, upon written request by the applicant and payment of the required fee, grant one
extension of the approval period not to exceed one year;provided that:
a. No changes are made on the original preliminary plat plan as approved;
2, b. The applicant has expressed written intent of submitting a final plat within the one-year extension
period;
3, c. There have been no changes to the applicable ordinance provisions on which the approval was
based; and
4. d. An extension of time will not preclude the development of abutting properties.
2. Approval periods for Subdivisions lapsing between July 1, 2008 and December 31, 2011 shall be
automatically extended through December 31, 2012. No further extensions will be granted.
E. Phased development.
1. The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no
case shall the actual construction time period for any phase be greater than two years without
reapplying for a preliminary plat;
2. The criteria for approving a phased site development review proposal are:
a. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase
to ensure provision of public facilities prior to building occupancy;
b. The development and occupancy of any phase shall not be dependent on the use of temporary
public facilities:
(1) For purposes of this subsection, a temporary public facility is an interim facility not constructed
to the applicable City or district standard; and
(2) The phased development shall not result in requiring the City or other property owners to
construct public facilities that were required as a part of the approval of the preliminary plat.
DCA2010-00001 LAND USE APPROVAL EXTENSIONS PAGE 8 OF 10
3/1/10 PUBLIC[TEARING STAFF REPORT TO PLANNING COMMISSION
3. The application for phased development approval shall be reviewed concurrently with the preliminary
plat application and the decision may be appealed in the same manner as the preliminary plat. (Ord. 09-
13)
SECTION V. STAFF ANALYSIS
As demonstrated, the proposed amendment complies with the applicable state planning goals and City
Comprehensive Plan Goals. One concern of extending previous approvals is that development will be
constructed utilizing outdated standards due to amendments to regulations that may have occurred or will
occur in the future. As of this date there have been few major amendments to the TDC that will affect the
land use decisions lapsing between July 1, 2008 and December 31, 2011. The majority of the affected cases
would be designed utilizing the same standards in place today. Staff has reviewed code amendments adopted
since May 2008 and found one that that affects one of the 42 cases, the Dolan Commercial Building
(SDR2007-00006). This proposed development is located on Main Street. New design and development
standards were recently adopted for Tigard's Downtown. If the applicant had to re-apply, then the proposal
would need to meet the new Downtown standards. In this case, the applicant was aware of possible code
changes and worked with Staff to design a building incorporating the expected design standards.
Other alternatives are listed below in Section VI. Expanding the amendment to include approvals expiring
before June of 2008 and after December 31, 2011 does not seem necessary at this point. The majority of the
affected cases will expire in 2010 and 2011. The end date of the recession cannot be determined at this time.
If the Commission would like the option of additional extensions in the future, then the proposed clause
prohibiting future extensions of these cases can be removed.
SECTION VI. OTHER ALTERNATIVES
No Action — The code would remain unchanged, and extensions for site development review, land partitions,
and subdivision approvals would be limited to one (1) year.
Expanded Action — Expand the time limitation to include approvals lapsing before June 30, 2008 or after
December 31, 2011.
Alternate Actions —To remove the clause prohibiting further extensions.
SECTION VII. ADDITIONAL CITY STAFF, OUTSIDE AGENCY, AND
INTERESTED PARTY COMMENTS
The City of Tigard, Building Division, Public Works Department, and the Community Development
Design Review Engineer were given copies of the proposed code amendment. No comments were received.
Assistant Community Development Director, Susan Hartnett, suggested utilizing June 30th instead of July
1st as the beginning date and utilizing a table to show graphically the timeframes covered by the extension.
City Arborist,Todd Prager, reviewed the proposal and had no comments or objections.
Tualatin Valley Fire and Rescue, Metro, Tualatin Valley Water District, and the Oregon Department
of Land Conservation and Development (DLCD) were notified of the proposed amendment. No
comments were received.
DCA2010-00001 LAND USE APPROVAL EXTENSIONS PAGE 9 OF 10
3/1/10 PUBLIC IIEARING STAFF REPORT TO PLANNING COMMISSION
Clean Water Services was sent a copy of the proposed amendment and had no objections to or concerns with
the proposal.
ATTACHMENTS:
Attachment 1: Proposed Chapter 18.115 —List of Terms
Attachment 2: Letter.from John Wyland,J.T. Smith Companies
Attachment 3: Letter from Ernie Platt, Home Builders Association
C February 19, 2010
PREPARED BY: Cheryl Caines DATE
Associate Planner
m.. C-
. 2vp, February 19, 2010
APPROVED GY: Dick Bewersdo- f DATE
Planning Mana er A
DCA2010-00001 LAND USE APPROVAL EXTENSIONS PAGE 10 OF 10
3/1/10 PUBLIC[TEARING STAFF REPORT TO PLANNING COMMISSION
ATTACHMENT 1
CHAPTER 18.115
LIST OF TERMS
Sections:
18.115.010 List of Terms
18.115.010 List of Terms
The following terms are defined in Chapter 18.120,Definitions,unless indicated otherwise.
Abandoned Sign See Chapter Alley Banner See Chapter 18.780,
18.780, Signs Alteration, Structural Signs
Abut Alternative Access Base Flood See Flood-Related
Abutting Lots Amendment Definitions
•
Accept Amenity Basement
Access Americans with Disabilities Bay See Design-Related Definitions
Accessory Building Act Belt Course See Design-Related
• Accessory Dwelling Unit See Annexation Definitions
Dwelling-Related Definitions Antenna See also Chapter Bench Sign See Chapter 18.780,
Accessory Structure 18.798, Wireless Signs
Acre Communication Facilities Berm
Active Use Facilities See Open Apartment See Dwelling-Related Bike Lane
Space Facility-Related Definitions Bikeway
Definitions Appeal Billboard See Chapter 18.780,
Addition Applicant Sign
Adjacent Lots See Abutting Lots Application Buildable Area
Adjoining Lots See Abutting Approval Authority Building
Lots Approved Plan Building Envelope
Administrative Action Arcade See Design-Related Building,Primary
Adult Bookstore See Adult Definitions Building Height
Entertainment-Related Archaeological Site Building Official;See also
• Definitions Area See Chapter 18.780, Signs Chapter 18.780, Sign
Adult Entertainment-Related Argument See Section Building Permit
Definitions 18.390.080, General Provisions Business See Chapter 18.780,
• Adult Bookstore Assessed Valuation Signs
• Adult Motion Picture Attached Dwelling See Caliper
Theater Dwelling-Related Definitions Canopy See Design-Related
• Specified Anatomical Areas Awning See Design-Related Definitions
• Specified Sexual Activities Definitions Canopy Cover See Chapter
Adult Motion Picture Theater
Awning Sign See Chapter 18.790, Tree Removal
See Adult Entertainment-
• 18.780, Signs Chamfer See Design-Related
Related Definitions
Balloon See Chapter 18.780, Definitions
•
`A'-Frame Sign See Chapter• Signs Change of Use
18.780, Signs Band See Design-Related City
Aisle
Definitions City Engineer
City of Tigard Demolish Duplex See Dwelling-Related
City Recorder Density Definitions
Collocation See Chapter 18.798, Density Bonus Dwelling See Dwelling-Related
Wireless Communication Density Transfer Defnitions
Facilities Design-Related Definitions Dwelling-Related Definitions
Column See Design-Belated • Arcade • Accessory Dwelling Unit
Definitions • Awning • Apartment
Commercial Forestry See • an • Attached Dwelling
Chapter 18.790, free Removal • Bay ® Detached Dwelling
• Commission
• Belt Course • Duplex
Common Wall
• Canopy • Dwelling
Complete and Entire
Complex
• Chamfer • Manufactured Home
Comprehensive See • Column • Multiple-Family Dwelling
Comprehensive Plan-Related • Cornice • Single-Family Dwelling
Definitions • Eaves Easement
Comprehensive Plan-Related • Entry Eaves See Design-Related
Definitions • Frieze Definitions
• Comprehensive Effective Date See Section
p • Marquee
• Generalized 18.390.080, General Provisions
• • Medallion
• Land Egress
• • Parapet Electrical Sign See Chapter
• Plan Coordination • Pilaster 98.780, Signs
Conditional Use • String C
Construct See Chapter 18.780,
g ourse Electronic Information Sign
Signs
•Transom See Chapter 18.780, Signs
Contiguous
• Turret Enlargement
• Contiguous Lots See Abutting • Visible Transmittance Entry See Design-Related
Lots Detached Dwelling See Definitions
Dwelling-Related Definitions Entryway Sign See Chapter
Corner Lot See Lot Related g
Definitions Development 18.780,Signs
•
Corner Side See Yard-Related Development Adjustment See Evidence See Section
• Definitions
Section 18.370.020, 18.390.080, General Provisions
Cornice See Design Related Adjustments Exception
FAA See Chapter 18.798,
Definitions Development Review See
Council Chapter 18.780, Signs Wireless Communication
Covered Soil Area See Development Site Facilities
Landreapina Related Definitions Directional Sign See Chapter Face
Cul-de-sac 18.780, Signs Face of a Building See Chapter
18.780, Signs
Cultural Institution Auxiliary Director FCC See Chapter 18.798,
Sign See Chapter 18.780,Signs Display Surface See Chapter p
Cutout See Chapter 18.780, 18.780, Signs Wireless Communication
Signs Drainage Way Facilities
Dedication Drive-Through Facility Fence,Sight-Obscuring
Dedication,Fee In Lieu Of Driveway Final Action
Deed Final Decision See Final Action
Final For Purposes Of Appeal Habitable Floor Area Lot Area See Lot-Related
See Section 18.390.080, Hazardous Tree See Chapter Definitions
General Provisions 18.790, Tree Removal Lot Averaging See Lot-Related
Final Order See.Fi nal Action Home Occupation Definitions
Findings Homeowners Association Lot Coverage See Lot-Related
Flag Lot See Lot-Related Household Definitions
Definitions Housing Complex See Chapter Lot Depth See Lot-Related
Flashing Sign See Chapter 18.780, Signs Definitions
18.780, Signs Immediate or Serious Danger Lot Line See Lot-Related
Floodplain See Flood-Related See Chapter 18.780, Signs Definitions
Definitions Impact Analysis Lot Line Adjustment See Lot-
Flood-Related Definitions Impervious Surface Related Definitions
• Base Flood Implementing Ordinance Lot of Record See Lot-Related
• Floodplain Improved Lot See Lot-Related Definitions
• Floodway Definitions Lot-Related Definitions •
• Floodway Fringe
Improvement • Corner Lot
Floodway See Flood-Related Industrial Park See Chapter • Flag Lot
18.780, Signs
Definitions • Front Lot Line
Ingress
• Floodway Fringe See flood- • Improved Lot
Interior Lot See Lot-Related
Related Definitions • Interior Lot
Definitions •
Floor Area • Lot
Land See Comprehensive Plan
Floor Area Ratio • Lot Area Related Definitions
• Flush Pitched Roof Sign See • Lot Avera in
Chapter 18.780, Signs
Land Form Alteration g g
• Freestanding Sign See Chapter Landscaping • Lot Coverage
18.780, Signs Landscaping-Related • Lot Depth
• Freeway Interchange See Definitions • Lot Line
• Covered Soil Area • Line Adjustment
Chapter 18.780, Signs j
• Freeway-Oriented Sign See • Open Soil • Lot of Record
Chapter 18.780, Signs • Root Paths • Lot Width
Frieze See Design-Related • Soil Volume Calculations • Rear Lot Line
Definitions Lattice Tower See Chapter
• Side Lot Line
Front See Yard-Related 18.798, Wireless •
• Substandard Lot
Definitions Communication Facilities
Frontage See also Chapter Lawn Sign See Chapter 18.780,
• Tax Lot
18.780, Signs Signs
• Through Lot
Front Lot Line See Lot-Related Legal Entity See Chapter • Zero Lot Line
Definitions 18.780, Signs, `Business" Lot Width See Lot-Related
Garage Legislative Definitions
Generalized See Comprehensive Lighting Methods See Chapter Maintenance See Chapter
Plan-Related Definitions 18.780, Signs 18.780, Signs
Glare Loading Area See Loading Space Manufactured Home See
Guyed Tower See Chapter Loading Space Dwelling-Related Definitions
18.798, Wireless Lot See Lot-Related Definitions Marquee See Design-Related
Communication Facilities Definitions
Medallion See Design-Related Oregon Revised Statutes Rear Lot Line See Lot-Related
•• Definitions Outdoor Storage Definitions
Minimal Use Facilities See Open Owner Receipt
Space Facility-Related Painted Wall Decorations See Recreational Vehicles
Definitions Chapter 18.780, Signs Remodel
Mitigation Painted Wall Highlights See Removal See Chapter 18.790,
Mixed Solid Waste See Chapter Chapter 18.780, Signs Tree Removal
18.755,Mixed Solid Warte Painted Wall Sign See Chapter Reserve Strip
And Recyclable Storage 18.780, Signs Residence
Mixed-Use Development Parapet See Design-Related Residential Trailer
Mobile Home Definitions Responsible Party, See Section
Mobile Home Park Park 18.230.030, Penalty
Mobile Home Subdivision Parking Space Revolving Sign See Chapter
Monopole See Chapter 18.798, Partition 18.780, Signs
Wireless Communication Party Right-of-Way
• Facilities Passive Use Facilities See Open Road
Moving Sign See Chapter Space Facility-Related Roof
18.780, Signs Definitions Roof Line See Chapter 18.780,
Multiple-Family Dwelling See Perimeter Signs
Dwelling-Related Definitions Permitted Use Roof Sign See Chapter 18.780,
Multi-Unit Residential Person See also Chapter 18.780, Signs
Building See Chapter 18.755, Signs Root Paths See Landscaping-
.
Mixed Solid Waste And Pilaster See Design-Related Related Definitions
Recyclable Storage Definitions Rotating Sign See Chapter
Neighborhood Activity Center Plan Coordination See 18.780, Signs
Noise Comprehensive Plan-Related Sensitive Lands See Chapter
Nonconforming Sign See Definitions 18.790, Tree Removal
Chapter 18.780, Signs Plat Setback
Nonconforming Situation Premises See Chapter 18.780, Shopping Center See Chapter
Non-Residential Building See Signs 18.780, Signs
Chapter 18.755,Mixed Solid Projecting Sign See Chapter Shopping Plaza See Chapter
Waste And Recyclable Storage 18.780, Signs 18.780, Signs
Non-Structural Trim See Projection See also Chapter Side See Yard-Related Definitions
Chapter 18.780,Signs 18.780, Signs Side Lot Line See Lot-Related
Occupancy Permit Provider See Chapter 18.798, Definitions
Off-Site Impact Wireless Communication Sign See Chapter 18.780, Signs
Off-Site Improvement Facilities Sign Structure See Chapter •
Open Soil See Landscaping- Pruning See Chapter 18.790, 18.780, Signs
Related Definitions Tree Removal Single-Family Dwelling See
Open Space Facility-Related Public Business Day Dwelling-Related Definitions
Definitions Public Support Facilities Site
• Active Use Facilities Quasi-Judicial Slope •
• Minimal Use Facilities Reader-Board Sign See Chapter Soil Volume Calculations See
• Passive Use Facilities 18.780, Signs Landscaping-Related Definitions
Oregon Administrative Rules Rear See Yard-Related Definitions
Source-Separated Recyclable Transom See Design-Related
See Chapter 18.755,Mixed Definitions
•
Solid Waste And Recyclable Tree See also Chapter 18.790,
Storage Tree Removal
Special Adjustments, See Turret See Design-Related
Section 18.370.020, Definitions
Adjustments Uniform Building Code See
Specified Anatomical Areas See Chapter 18.780, Signs
Adult Entertainment-Related Use
Definitions Vehicle Parking Space
Specified Sexual Activities See Visible Transmittance See
• Adult Entertainment-Related Design-Related Definitions
Definitions Vision Clearance Area
Storage Area See Chapter Visual Obstruction
18.755,Mixed Solid Waste Wall Sign See Chapter 18.780,
And Recyclable Storage Signs
•
Story Wetlands
Story,First Will
Story,Half Window
Street Wireless Communication
Street,Private Facility See Chapter 18.798, •
Street,Public Wireless Communication
String Course See Design-Related Facilities
• Definitions Wireless Communication
Structural Alteration See Facility,Attached See Chapter
Chapter 18.780, Signs 18.798, Wireless •
Structure Communication Facilities
Subdivision Wireless Communication
Substandard Lot See Lot-Related Transmissions Towers See
Definitions Chapter 18.798, Wireless
Substantial Improvement Communication Facilities
Surface Street See Chapter Yard See Yard-Related Definitions
18.780, Signs Yard-Related Definitions •
Tax Lot See Lot-Related • Corner Side
Definitions • Front
Temporary Sign See Chapter • Rear
18.780, Signs
• Side
Temporary Use
• Yard
• Tenant Sign See Chapter 18.780, Zero Lot Line See Lot Related
Signs
Through Lot See Lot-Related
Definitions
• Zoning District
Definitions
Tigard-Based Nonprofit
Organization
Traffic Flow Plan
VGy IV 4VJ VO.OIPM ATTACHMENT 2
W
Dec 18 09 04:31p JAMIE YLAND 5003577955 699 3
December 18th 2009
City of Tigard
too Cheryl Caine
13125 SW Hall Blvd
Tigard, OR 97223
Re: City of Tigard proposal to extend timelines for existing Land Use Approvals
Ms. Caine;
Our company owns approximately 20 acres within the bull mountain area of
Tigard. The property currently has City land use approvals for a residential
subdivision known as Sunrise Lane. We have worked on land use approvals
and annexation for this property over the last 4 years. Like most of our society,
we did not foresee the current economic downturn.
We understand that City staff is working toward action to extend existing land
use approvals. We are in complete support of City staff extending current land
use approvals to help Tigard property owners maintain their investments and
property values. We have instilled some very hard work and invested a great
deal of money into Sunrise Lane. As I think you would agree, we hope that the
economy will twit around within the next three years and an extension would
help greatly.
Two suggestions I would make are take action swiftly and keep the proposed
extension language simple. We have until July 2010 to complete certain
improvements on the site, there are some very important lead time items
involved to be able to complete those improvements on time. In order for our
company to plan ahead, the approval for land use extension must happen early
next quarter, ideally for our property, be completed by late February or early
March. To do this I would suggest that you notify DLCD to ensure that their
required notice period will not obstruct you from getting this action in front of
the Council for a vote at the earliest possible hearing. By making the extension
language simple, both Planning Commission and City Council are more likely to
have fewer questions and may facilitate a quicker decision.
Please keep me posted as your work progresses on this matter. Do not hesitate
to call me with any questions at 503-209-7555.
Sincerely;
John Wyland
SRL 79 LLC
Cc; Nick Wilson;Via E-mail
Gary Pagenstecher; Via E-mail
Susan Harmet;Via E-mail
T.T. SMITH 2594 Coeur D'Afene Dr. Pho-ie: 503.657 3402 vvww.j:.smit-iCo.Corn
ATTACHMENT 3
MAW I:
Home udders Association o r
of Metropolitan Portland
February 10, 2010 `'FY()V Tir_.;:AR`
Mr. David Walsh
Chair, Tigard Planning Commission
Planning Commissioners
City Hall
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Development Code Amendment 2010-00001
Dear Chair Walsh and Commissioners:
It is on behalf of the 1000+members of the Home Builders Assn. of Metro Portland that I
am sending you these comments.
As we know all too well, this region and even the entire country has been experiencing a
severe economic downturn, and this is particularly evident in the homebuilding industry.
There are countless builders and developers who have submitted applications for
partitioning of property or other land use actions, who simply have not had the ability to
go forward with their projects.
This proposal before you is a very straight forward approach at a code amendment that
will allow many applicants to keep their projects `alive', with some hope of going
forward with the expectation that these economic times will improve.
I urge you to act favorably on this proposed amendment to the Tigard code, and to
recommend its approval to the city council.
Thank you for the opportunity to provide these comments.
Sincerely,
Ellie Platt
Director of Local Government Affairs
15555 SW Bangy Road • Suite 301 • Lake Oswego, Oregon 97035
Phone: 503 684.1880 • Fax: 503.684.0588 • www.homebuildersportland.org
4
Striving for Affordability,Balance and Choice
U1
11111
I.
MEMORANDUM
T I GARD
TO: Pres. Walsh, VP Vermilyea, & Planning Commission Members
FROM: Ron Bunch, Community Development Director
RE: 2010—2011 Planning Work Program
DATE: February 24, 2010
INTRODUCTION
Staff appreciates the Planning Commission's interest in the tasks the Community Development
(CD) Planning Divisions have before them this next fiscal year and beyond. The following
summarizes these tasks.
BACKGROUND / DISCUSSION
CD's priority is to help Council achieve its 2010 goals. Two of Council's five goals are applicable to
CD. They are 1) Implement the Comprehensive Plan, and 2) Implement Downtown Urban
Renewal.
Following are specific objectives associated with each of the two noted goals that require staff work:
a) Complete the Transportation System Plan (TSP);
b) Begin Area Plans (Tigard Triangle, 99W Corridor, etc.);
c) Continue to Promote and Plan for 99W (Pacific Highway) Light Rail;
d) Initiate Developer Outreach and Recruitment for the Downtown;
e) Adopt Downtown Circulation Plan; and
f) Update the Tree code.
2010 Land Use /Transportation Projects which the Planning Divisions are, or will be,working to
implement Council Goals and Objectives include the following:
1) 2035 Transportation System Plan;
2) Downtown Circulation Plan;
3) 99W High Capacity Transit (HCT) Land Use Plan (includes large parts of the Tigard Triangle);
4) Interstate 5 / 99W Corridor Multi-Modal Refinement Plan from (Portland to Tigard);
5) Funding Alternatives for Highway 99W HCT Alternatives Analysis; and
6) Tree Code Update.
I:\LRPLN\Planning Commission\2010 PC Packets\3-1-10 PI-I-DCA2010-00001-SS-PC Workplan-Goals\Records Division Packet\8.Memo dtd 2-24-10 re Agenda Item Odor
1
In addition there are three other land use and transportation projects which the CD department has
on its work program as listed below:
7) Tigard Comprehensive Plan Periodic Review (Economic Opportunities Analysis; Public Facility
Plan;Transportation System Plan);
8) Tigard Pathways Master Plan;
9) Tigard Community Development Code Updates; and
10) Street Connectivity Plan.
I:\LRPLN\Planning Commission\2010 PC Packets\3-1-10 PI-I-DCA2010-00001-SS-PC Workplan-Goals\Records Division Packet\8.Memo dtd 2-24-10 re Agenda Item Odor
2