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11/18/2013 - Minutes Page 1 of 4 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes November 18, 2013 CALL TO ORDER President Anderson called the meeting to order at 7:03 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. ROLL CALL Present: President Anderson Commissioner Doherty Commissioner Fitzgerald Commissioner Muldoon Vice President Rogers Commissioner Schmidt Absent: Commissioner Feeney; Commissioner Gaschke; Commissioner Shavey Staff Present: Tom McGuire, Assistant Community Development Director; John Floyd, Associate Planner; Chris Wiley, Sr. Admin.; Doreen Laughlin, Executive Assistant; Steve Martin, Parks & Streets Manager PLANNING COMMISSIONER COMMUNICATIONS Commissioner Fitzgerald stated that she’d attended two Tigard Triangle CAC meetings and gave a brief report on those meetings. CONSIDER MINUTES October 21 Meeting Minutes: President Anderson asked if there were any additions, deletions, or corrections to the October 21 minutes; there being none, Anderson declared the minutes approved as submitted. PUBLIC HEARING – President Anderson opened the public hearing. PUBLIC HEARING: DCA2013-00003 PARKS ZONE Associate Planner John Floyd introduced himself and distributed copies of additional testimony that he’d received. (Exhibit A). He said this is a text and map amendment that would amend Chapter 18.330 which pertains to conditional uses. It would remove existing regulations for community recreation land uses out of this chapter and migrate them towards a new chapter labeled 18.540, which is the new parks and recreation zone. This would essentially create a fourth base zone type. Presently, the city only has residential, commercial, industrial zoning districts; this would add a fourth type which would be “Parks & Recreation.” The map amendment would affect a little over 500 acres of land, which is about 7% of the city land mass and about 90% of that is zoned residential. John went over a Power Point presentation (Exhibit B). He noted that this project: Page 2 of 4  Does not propose specific changes to existing parks, or create a new park. This is a rules and procedures change – it’s not a proposal for a specific change to a specific park.  Does not rezone private property. As proposed, new zone may only be applied to publicly owned land (18.540.030). This is not a case of the city trying to preemptively zone property.  Does not change, remove, or supersede any existing sensitive lands regulations (18.540.040). So why change the existing code? The code lacks a dedicated zone for parks or other public uses. The existing code makes Community Recreation Land Uses a conditional land use in almost all zones. Development standards are minimal and inflexible – • 30’ setback for all structures, regardless of their purpose • Does not address non-structural improvements (ballfields, etc) Results in a lengthy & expensive process • Permit fees • Consultants • Staff time • Street dedications and improvements • Delayed project implementation For one recent small project to install a play area and trailhead, the cost of the land use permit is going to exceed the cost of physical improvements. What would be the biggest change from the existing code? In contrast to present regulations, the proposed amendments would exempt a series of clear and objective development types from conditional use permit review and site development review, provided they met all applicable development standards. These development types can be broadly construed as “passive recreation facilities” and by themselves do not have a high likelihood of creating off-site impacts. What do others have to say? Citizen Inquiries: • Mostly Informational • More enforcement of leash rules • What are the future plans for the park/open space by my house? • Just hurry up and build them • Loss of privacy and security • Confusion regarding overlapping notices for Senn Park (Dec 9) and Dirksen Nature Park (Recent) Three Substantive Comments: • Limit size of projects listed as “by-right” and exempted from land use review • Increased protection of environmental resources (i.e. habitat, wetlands, etc) • ODFW recommended we create subzones and regulate improved land, open space, and natural areas differentially The latter two are outside the scope of this project. Page 3 of 4 STAFF RECOMMENDATION Staff recommends the Planning Commission find in favor of the proposed development code text amendments and map amendments with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. QUESTIONS OF STAFF Was this vetted through the Parks and Recreation Board? Yes. We worked closely with Steve Martin and Brian Rager. Mr. Martin is here tonight if you have any questions. And, currently there is no separate zoning for parks? There is not. No. TESTIMONY IN FAVOR - Steve Martin, Parks & Streets Manager for the City of Tigard – testified they are in favor of the new zone because it would streamline things. He explained that they don’t skip any environmental processes. TESTIMONY IN OPPOSITION – Sue Bielke 11755 SW 114th Place, Tigard spoke on behalf of the “Friends of Fanno Creek” group. She gave her testimony and provided a transcript of her testimony (Exhibit C). Ron Shaw, 13515 Essex Drive, Tigard said his property is backed by a green belt and that he and his neighbors assumed that the green space would remain a green space and not a public park. His concern is that he was not specifically notified and that the process will be further simplified in the future. President Anderson added that Mr. Shaw’s written statement is in the commissioner’s packets and that would be considered as well. Glenna Thompson, 13676 SW Hall Blvd Unit 2 Tigard said she had submitted an email to John Floyd and stated that the commissioners have a copy of it regarding her thoughts on the proposal. She said her biggest concern is a “one size fits all” concept that seems to be going on. Jerrod Buckmaster, 14802 SW 91st Ave., Tigard – said he lives in the “Mallard Lakes” area where there are two ponds which are owned by the neighborhood. He said there are geese, ducks, blue herring, turtles, and other wildlife in that area. The city owns the greenway area. His and his neighbors that also back to the greenspace are concerned that the wildlife may be impacted. John Floyd stated that this area is under “sensitive lands” and that the lands owned by Mr. Buckmaster’s neighborhood association would not be affected by this project. David Driscoll, 13469 SW Essex Drive, Tigard said this is the first time he’s ever attended a Planning Commission meeting and the first time he’d heard John Floyd. His concern is what will happen at the bottom of the ravine behind Essex Drive. John said because the fact that there’s already a trail back there, he’s not sure there’s much more in the works for that area but that he believes Mr. Martin could answer that more specifically. He added that any development on slopes more than 25% has to go through Sensitive Lands Review and there are different levels of that. There is oversight for development in those types of steep areas. A question came up as to fencing regulations. John answered that there are regulations for things like fences in floodplain areas and that staff could get back to the commission on that if they would like more specific information. CITY OF TIGARD Respect and Care | Do the Right Thing | Get it Done Parks Zone Project DCA 2013-00003 November 18, 2013 John Floyd, Associate Planner CITY OF TIGARD What is the Tigard Parks Zone Project? Why change the Development Code? Where would it apply? What precedents are there? How would it change existing code? What do others have to say? Questions for the Planning Commission CITY OF TIGARD What is the Tigard Parks Zone Project? Text Amendments to Tigard Development Code Amends 18.330 (Conditional Use) Creates 18.540 (Parks & Recreation Zone) Zoning Map Amendment to apply the new base zone to approximately 500 acres of city-owned parkland 7% of total land area of Tigard 90% is presently zoned residential CITY OF TIGARD What is it NOT? Does not propose specific changes to existing parks, or create a new park. Does not rezone private property. As proposed, new zone may only be applied to publicly owned land (18.540.030). Does not change, remove, or supersede any existing sensitive lands regulations (18.540.040). CITY OF TIGARD Why change the existing code? Existing code inefficient, lacks flexibility or uniformity Increase in number/size of park projects “Costs” of existing code: Disproportional costs for small projects and low-impact improvements (fees, consultants, staff time, required street improvements). Delayed project implementation. CITY OF TIGARD Where would it apply? All city-owned parks and greenspaces. Both developed and undeveloped. Metro has expressed interest for their properties. Question from staff: Is the Planning Commission interested in creating an “automatic rezoning” process to coincide with parkland purchases? CITY OF TIGARD What precedents are there? Recent city projects in developing/improving parkland Dedicated parks/public zone commonly used by other jurisdictions (12 of 17) Most varied their review process by typology of development. Examples of recreation-specific standards for setbacks, height, and off-site impacts. CITY OF TIGARD How would it change existing code? Create a 4th type of base zone and chapter (18.540) Transfer community recreation development standards from 18.330 to 18.540. Streamlined review for low-impact and minor development associated with Community Recreation More flexible development standards focused on the protection of adjacent, residential development. CITY OF TIGARD How would it change existing code? 18.330.050.B.5 - Community Recreation and Parks a.All building setbacks shall be a minimum of 30 feet from any property line b.There are no off-street parking requirements, except that five automobile parking spaces are required for a dog park or off-leash area… CITY OF TIGARD How would it change existing code? 18.540.010 Purpose “The Parks and Recreation Zone is intended to preserve and enhance publicly owned open space and natural and improved parkland within the City…” CITY OF TIGARD How would it change existing code? 18.540.030 Where the Zone is Applied “The Parks and Recreation Zone is applicable to all city owned lands intended as parks, open space, and recreational facilities and may be applied within all Comprehensive Plan Designations…other public agencies may request a Parks and Recreation designation for areas that meet the purpose of the zone.” CITY OF TIGARD How would it change existing code? 18.540.040 Other Zoning Regulations “The regulations within this Chapter state the allowed uses and development standards for the base zone. Sites with overlay zones, plan districts, inventoried hazards, and/or sensitive lands are subject to additional regulations. Specific uses or development types may also be subject to regulations as set forth elsewhere in this title.” CITY OF TIGARD How would it change existing code? 18.540.050 Use Regulations Table 18.540.1 – Use Table: Parks and Recreation Zone Anticipates community recreation as primary land use Allows other needed community facilities (i.e. Basic Utilities and Cultural Institutions) and accessory land uses to provide programming and partnership opportunities (i.e. concessionaires and equipment rental companies). CITY OF TIGARD How would it change existing code? 18.540.050 Use Regulations “Development Permitted Outright. When associated with a Community Recreation land use, the following types of development are allowed outright if they comply with the development standards and other regulations of this title. Site Development Review is not required for the uses listed below. All other applicable land use reviews apply.” CITY OF TIGARD How would it change existing code? 1. Park furnishings such as play equipment, picnic tables, benches, bicycle racks, public art, trash receptacles and other improvements of a similar nature. 2. Fences. 3. Off-street, multi-use trails. 4. Structures up to 600 square feet in size, and no more than 15 feet high. 5. Picnic areas designed to accommodate groups of less than 25. 6. Outdoor recreational fields, courts, arenas and other structures when not illuminated and not designed or intended for organized sports and competitions. 7. Community gardens up to 5,000 square feet in size. 8. Routine maintenance or replacement of existing facilities. CITY OF TIGARD How would it change existing code? “Development Subject to Conditional Use Review. The following types of development are allowed subject to Conditional Use Permit approval…” CITY OF TIGARD How would it change existing code? 18.540.060 Development Standards “Development within the zone must comply with the following development standards, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. A. Minimum Lot Size. None. B. Minimum Lot Width. None.” CITY OF TIGARD How would it change existing code? 18.540.060 Development Standards “C. Maximum Structure Height. None, except structures within 100’ of a residential zone are subject to the maximum height limit for the abutting residential zone. D. Minimum Structure Setbacks. None, except where abutting a residential zone. In such cases structures must be setback a minimum distance of one foot for each foot of building height.” CITY OF TIGARD How would it change existing code? 18.540.060 Development Standards “E. Outdoor Recreation Facility Setbacks. Non-illuminated playgrounds must be set back a minimum of 25 feet from adjoining residentially zoned properties. Illuminated playgrounds and other constructed recreational facilities such as swimming pools, skate parks, basketball courts, soccer fields, and group picnic areas must be setback 50 feet from adjoining residentially zoned properties. Where the outdoor facility abuts a school use, the setback is reduced to zero. Outdoor recreation facilities not meeting minimum setbacks set forth in this subsection may be considered through conditional use review as set forth in 18.330.” CITY OF TIGARD How would it change existing code? 18.540.060 Development Standards “F. Bathrooms and Concessions. Bathrooms and concession stands shall be setback a minimum distance of 50 feet from adjoining residential zones. Where a bathroom or concession stand abuts a school use on a residentially zoned property, the setback is reduced to zero.” CITY OF TIGARD How would it change existing code? 18.540.060 Development Standards “Dog parks shall provide the following: a. Dog parks or off-leash areas with a fenced area of one-acre or more shall provide a minimum of five vehicle parking spaces, and a parking plan for anticipated peak use periods. b. Dog parks or off-leash areas with a fenced area of less than one- acre shall provide a minimum of three off-street parking spaces, and a parking plan for anticipated peak use periods. c. Dog parks or off-leash areas with a fenced area of less than one- half acre are exempt from minimum parking requirements.” CITY OF TIGARD How would it change existing code? 18.540.060 Development Standards “I. Lights & Amplified Sound Systems. Lights and amplified sounds systems shall comply with Chapter 18.725 (Environmental Performance Standards). In addition, glare sources shall be hooded, shielded, or otherwise located to avoid direct or reflected illumination in excess of 0.5 foot candles, as measured at the site boundary or at the furthest boundary of adjacent industrially-zoned properties.” CITY OF TIGARD What do others have to say? Staff discussed the amendments with Metro Potentially interested in rezoning their property Did not submit a formal comment Four Citizen Comment Letters BPA & ODFW Over 50 general inquiries from public outreach (signs, postcards, notices, etc.) CITY OF TIGARD Questions for the Planning Commission Does the planning commission approve of the draft amendments as proposed? Need more information? Text changes? Is the Planning Commission interested in creating a process for the “automatic rezoning” of parkland upon purchase by the city?