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DCA2012-00001
DCA2O12- 00001 PROJECTIONS INTO REQUIRED YARDS 120 DAYS = N/A DATE OF FILING: 11/28/2012 11 DATE MAILED: 11/29/2012 CITY OF TIGARD TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT (DCA)2012-00001 Case Name: PROJECTIONS INTO REQUIRED YARDS Applicant's Name/Address: Ryan O'Brien. 1862 NE Estate Drive.Hillsboro,OR 97124 Owner's Names/Addresses: N/A Address of Property: Citywide,Properties Zoned R-12 Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A DEVELOPMENT CODE AMENDMENT(ORDINANCE NO. 12-08). THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON OCTOBER 15,2012 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL,ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON NOVEMBER 27, 2012 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Subject: > The applicant is requesting an amendment to Chapter 18.730.050.D of the Community Development Code to allow, in the R-12 Zone, bay windows and projections with floor area to extend into required side yards by one foot provided they do not a) exceed 12 feet in length, b) contain over 30% of the dwelling unit side elevation square footage, and c) the width of the approved side yard is not reduced to less than 3 feet. ZONE: R-12. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.730; 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. Action: > ® Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper,posted at City Hall and mailed to: ® Affected Government Agencies ® Interested Parties Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND IS EFFECTIVE ON DECEMBER 28,2012. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) within 21 days according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. ❑ In person❑ electronic❑ mailed ill El_ MZ DLCD Notice of Adoption This Form 2 must be mailed to DLCD within 5-Working Days after the Final Ordinance is signed by the public Official Designated by the jurisdiction and all other requirements of ORS 197.615 and OAR 660-018-000 F<�r ofnc i se( Jurisdiction: City of Tigard Local file number: DCA2012-00001 Date of Adoption: November 27, 2012 Date Mailed: November 29, 2012 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? ® Yes ❑ No Date: 8/23/12 ❑ Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ® Land Use Regulation Amendment ❑ Zoning Map Amendment ❑ New Land Use Regulation ❑ Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". Amends Chapter 18.730.050.D of the Community Development Code, adding the following adopted amendment: 5. In the R-12 Zone, bay windows and projections with floor area may project into required interior side and street side yards by one foot provided they do not: a) exceed 12 feet in length, b) contain over 30% of the dwelling unit side elevation square footage, and c) the width of the interior side yard is not reduced to less than 3 feet. Does the Adoption differ from proposal? Yes, Please explain below: The changes to the proposed code amendment are indicated below in double underline (new language) and strikeout (deleted language) 5. In the R-12 Zone, bay windows and pop-outs projections with floor area may project into required interior side and street side yards by one foot provided they do not: a) exceed 12 feet in length, b) contain over 30% of the dwelling unit side elevation square footage, and c) the width of the approved interior side yard is not reduced to less than 3 feet. Plan Map Changed from: N/A to: N/A Zone Map Changed from: N/A to: N/A Location: N/A Acres Involved: N/A Specify Density: Previous: N/A New: N/A Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 . ❑ n ® ® ❑ nnn ❑ Was an Exception Adopted? ❑ YES ® NO Did DLCD receive a Notice of Proposed Amendment. 35-days prior to first evidentiary hearing? ® Yes ❑ No If no, do the statewide planning goals apply? ❑ Yes ❑ No If no, did Emergency Circumstances require immediate adoption? ❑ Yes ❑ No DLCD file No. Please list all affected State or Federal Agencies, Local Governments or Special Districts: None Local Contact: Gary Pagenstecher Phone: (503) 718-2434 Extension: Address: 13125 SW Hall Boulevard Fax Number: 503-684-7297 City: Tigard Zip: 97223 E-mail Address: garyp @tigard-or.gov ADOPTION SUBMITTAL REQUIREMENTS This Form 2 must be received by DLCD no later than 5 days after the ordinance has been signed by the public official designated by the jurisdiction to sign the approved ordinance(s) per ORS 197.615 and OAR Chapter 660, Division 18 1. This Form 2 must be submitted by local jurisdictions only (not by applicant). 2. When submitting, please print this Form 2 on light green paper if available. 3. Send this Form 2 and One (1) Complete Paper Copy and One(1) Electronic Digital CD (documents and maps) of the Adopted Amendment to the address in number 6: 4. Electronic Submittals: Form 2—Notice of Adoption will not be accepted via email or any electronic or digital format at this time. 5. The Adopted Materials must include the final decision signed by the official designated by the jurisdiction. The Final Decision must include approved signed ordinance(s), finding(s), exhibit(s), and any map(s). 6. DLCD Notice of Adoption must be submitted in One (1) Complete Paper Copy and One (1) Electronic Digital CD via United States Postal Service, Common Carrier or Hand Carried to the DLCD Salem Office and stamped with the incoming date stamp,(for submittal instructions, also see # 5)] MAIL the PAPER COPY and CD of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 7. Submittal of this Notice of Adoption must include the signed ordinance(s), finding(s), exhibit(s) and any other supplementary information (see ORS 197.615 ). 8. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) of adoption (see ORS 197.830 to 197.845 ). 9. In addition to sending the Form 2 -Notice of Adoption to DLCD, please notify persons who participated in the local hearing and requested notice of the final decision at the same time the adoption packet is mailed to DLCD (see ORS 197.615 ). 10. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. You may also call the DLCD Office at(503) 373-0050; or Fax your request to: (503) 378-5518. Updated December 22,2009 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 12-00 AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.730, TO ALLOW IN THE R-12 ZONE, BAY WINDOWS AND PROJECTIONS WITH FLOOR AREA TO EXTEND INTO REQUIRED YARDS WITH CERTAIN LIMITATIONS(DCA2012-00001). WHEREAS, the city received application for the proposed code amendment to amend the text of the Exceptions to Development Standards Chapter (18.730) of the City of Tigard Community Development Code to allow in the R-12 zone,bay windows and projections with floor area to extend into required yards with certain limitations;and WHEREAS, the purpose of Chapter 18.730 is to present exceptions to the height and setback standards which apply in various zoning districts as detailed in Chapters 18.510, 18.520 and 18.530, where flexible and/or more stringent setback standards are designed to allow for the maximum use of land and to allow for a varied building layout pattern while ensuring there will be adequate open space, light,air and distance between buildings to protect public health and safety;and WHEREAS, notice was provided to the Department of Land Conservation and Development at least 35 days prior to the first evidentiary public hearing;and WHEREAS, notice of the public hearings was published in the Tigard Times Newspaper at least 10 business days prior to the public hearings;and WHEREAS, the Tigard Planning Commission held a public hearing on October 15, 2012 and recommended with a unanimous vote that Council approve the proposed code amendment, as amended;and WHEREAS, the Tigard City Council held a public hearing on November 27, 2012, to consider the proposed amendment;and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances;and WHEREAS, the City Council has found the following to be the applicable review criteria: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.730; 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;and WHEREAS,the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and unanimously approves the request as being in the best interest of the City of Tigard. ORDINANCE No. 12- cif Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendment attached as "EXHIBIT A" to this Ordinance is hereby approved and adopted by the City Council. SECTION 2: The findings in the October 4, 2012 Staff Report to the Planning Commission and the Minutes of the October 15, 2012 Planning Commission hearing are hereby adopted in explanation of the Council's decision. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. PASSED: By U 1-a►t'?Yn vu$ vote of all Coun • members resent after being read by number and title only, this c:171day of ,2012. Catherine Wheatley,City Recorder APPROVED: By Tigard City Council this a� Tay o. • - , 12. aig Dirksen,Mayor Approved as to form: '12 (1-- City.Attorn y /1/z•7/Z- Date ORDINANCE No. 12- ®Q Page 2 EEh.r.bc.4 �L Ord. i i DCA2012-00001 PROJECTIONS INTO REQUIRED YARDS DEVELOPMENT CODE AMENDMENT Explanation of Formatting These text amendments employ the following formatting: c'ri'E ugh - Text to be deleted (Bold, Underline and Italic' — Text to be added Chapter 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 18.730.050 Miscellaneous Requirements and Exceptions D. Projections into required yards. 1. Cornices,eaves,belt courses, sills,canopies or similar architectural features may extend or project into a required yard not more than 36 inches provided the width of such yard is not reduced to less than three feet. 2. Fireplace chimneys may project into a required front, side or rear yard not more than three feet provided the width of such yard is not reduced to less than three feet. 3. Open porches, decks or balconies not more than 36 inches in height and not covered by a roof or canopy, may extend or project into a required rear or side yard provided such natural yard area is not reduced to less than three feet and the deck is screened from abutting properties. Porches may extend into a required front yard not more than 36 inches. 4.Unroofed landings and stairs may project into required front or rear yards only. 5. In the R-12 Zone, bay windows and projections with floor area may project into required interior side and street side yards by one foot provided they do not: a)exceed 12 feet in length, b) contain over 30% of the dwelling unit side elevation square footage,and c) the width of the interior side yard is not reduced to less than 3 feet. MEETING RECORDS • III . 4 City of Tigard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL MEETING DATE AND TIME: November 27,2012-6:30 p.m.Study Session;7:30 p.m.Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s).If no sheet is available,ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less.Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet.Business agenda items can be heard in any order Or 7:•30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting.Please call 503-639-4171,ext. 2410 (voice) or 503-684-2772 (IDD-Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead tune as possible.Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171,ext. 2410(voice) or 503-684-2772(TDD-Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://www.tvctv.org/government-programming/government-meetings/tigard CABLE VIEWERS:The regular City Council meeting is shown live on Channel 28 at 7:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. II City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: November 27,2012-6:30 p.m.Study Session;7:30 p.m.Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 PM •STUDY SESSION A. Update on 2012 Tigard City Council Goal No. 5,Recreation,and Council Direction Regarding a Recreation Database B. Administrative Items: •Consent Agenda Item No.3E (Approve the Purchase of the Rankin Property and Authorize the City manager to Complete the Property Purchase-Resolution)has been removed. Sellers have not signed required documents;this item will be rescheduled. •Written Testimony Received for Agenda Item No. 5-Continuation from November 13,2012,of Public hearing on urban Forestry Code Revisions: •John Frewing-November 24,2012 email(attached). •Justin Wood-November 27,2012 email(attached). •Council Calendar: •December • 4-Council Meeting and City Center Development Agency Meeting-6:30 p.m. • 11 -Council Business Meeting-6:30 p.m. • 18-Special Council Meeting-Mayor's Farewell Reception,Remarks and Blue Ribbon Task Force Report-6:30 p.m. •25-Christmas-City Hall offices dosed •January • 1 -New Year's Day-City Hall offices closed • 8-Council Meeting-Reception,Oath of Office Ceremony,State of the City,Elect Council President,6:30 p.m. • 10-Council Groundrules Review;Goal Setting Meeting-Fanno Creek House,9 a.m. -5 p.m. • 15-Council Workshop Meeting,6:30 p.m. •22-Council Business Meeting,6:30 p.m. •EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss exempt public records and to review and evaluate,pursuant to standards,criteria and policy directives adopted by the governing body,the employment-related performance of the chief executive officer under ORS 192.660(2)(f) and (i).All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision.Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING-NOVEMBER 27,2012 A. Call to Order B. Roll Call C. Pledge of Allegiance D. Council Communications&Liaison Reports E. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) 7:35 p.m. -time is estimated A. Follow-up to Previous Citizen Communication B. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council)These items are considered routine and may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action.Motion to: 7:45 p.m.-time is estimated A. Approve City Council Meeting Minutes for: 1. September 18,2012 2. October 16,2012 B. Waive Temporary Sign Permit Fees for Tigard-Tualatin Babe Ruth-Resolution RESOLUTION NO. 12-42-A RESOLUTION WAIVING$162 IN TEMPORARY SIGN PERMIT FEES FOR THE TIGARD-TUALATIN BABE RUTH C. Authorize the Mayor to Execute an Intergovernmental Agreement Amendment Allowing the City to Construct a Turnaround on Metro Property at Woodard Park D. Add the Woodard Park Parking Project to an Approved Project List in the Parks&Recreation System Development Charge Study-Resolution RESOLUTION NO. 12-43--A RESOLUTION ADDING THE WOODARD PARK PARKING PROJECT TO THE APPROVED PROJECTS FOR NEIGHBORHOOD/POCKET PARKS LIST IN THE PARKS&RECREATION SYSTEM DEVELOPMENT CHARGE STUDY E. This item will be rescheduled. Seller signatures pending. •Consent Agenda-Items Removed for Set'arate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/City Center Development Agency has voted on those items which do not need discussion. 4. LEGISLATIVE PUBLIC HEARING-DEVELOPMENT CODE AMENDMENT(DCA 2012-00001) -PROJECTIONS INTO REQUIRED YARDS 7:50 p.m.-time is estimated (bn s REQUEST:Amend Chapter 18.730.050.D of the Community Development Code to allow,in the R-12 Zone,bay windows and pop outs with floor area to project into required side yards by one foot provided they do not:a) exceed 12 feet in length,b) contain over 30%of the dwelling unit side elevation square footage,and c)the width of the approved side yard is not reduced to less than 3 feet.LOCATION: Citywide. ZONE:R-12.APPLICABLE REVIEW CRITERIA:Community Development Code Chapters 18.380, 18.390,18.510,and 18.730;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. •Open Public Hearing •Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of interest or abstention. •City Attorney's Review of Hearing Procedure •Staff Report •Council Questions •Public Testimony: •Applicant •Proponents •Opponents •Rebuttal •Staff Recommendation •Close Public Hearing •Council Discussion •Council Consideration: Ordinance No. 12-08: ORDINANCE NO. 12-08-AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.730,TO ALLOW IN THE R-12 ZONE,BAY WINDOWS AND PROJECTIONS WITH FLOOR AREA TO EXTEND INTO REQUIRED YARDS WITH CERTAIN LIMITATIONS (DCA2012-00001) • 5. CONTINUATION FROM NOVEMBER 13,2012,OF PUBLIC HEARING ON URBAN FORESTRY CODE REVISIONS-URBAN FORESTRY CODE REVISION PROJECT- COMPREHENSIVE PLAN AMENDMENT(CPA)2011-00004 DEVELOPMENT CODE AMENDMENT(DCA) 2011-00002 8:20 p.m. -time is estimated The purpose of the November 27,2012 meeting is to receive a brief staff report and public testimony,followed by council consideration of the amendments to Planning Commission's recommendation. REQUEST:To implement the city's Comprehensive Plan as recommended by the Urban Forestry Master Plan,the City of Tigard is proposing a Comprehensive Plan Amendment adopting the"Significant Tree Groves"Map and Tigard Development Code (Title 18)Amendments to Chapters 18.115, 18.120, 18.310, 18.330,18.350, 18.360,18.370 18.390,18.530, 18.610,18.620, 18.630 18.640, 18.715,18.745, 18.775, 18.790,and 18.798. (Non Land Use Elements)In addition,in support of the Title 18 amendments, amendments are proposed to the Tigard Municipal Code(TMC)Chapters 1.16,6.01,6.02,7.40,8.02 through 8.16,9.06,and 9.08. LOCATION: Citywide.ZONE: Citywide. APPLICABLE REVIEW CRITERIA:City of Tigard Community Development Code Chapters 18.380 and 18.390;Comprehensive Plan Goals 1,Citizen Involvement;2,Land Use Planning;5,Natural Resources;6,Environmental Quality;7,Hazards;8,Parks Recreation,Trails and Open Space;9, Economic Development; 10,Housing; 11,Public Facilities and Services; 12,Transportation; 13,Energy Conservation;and 14,Urbanization;METRO's Urban Growth Management Functional Plan Titles 1,3, 12 and 13. Statewide Planning Goals 1,2,and 5 through 14. •Mayor Announces Continuation of the Hearing from November 13,2012 •Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of interest or abstention. •City Attorney's Review of Hearing Procedure •Staff Report •Council Questions •Public Testimony: •Proponents •Opponents •Rebuttal •Staff Recommendation •Close Public Hearing •Council Discussion •Council Consideration:See Items A and B below. A. Urban Forestry Code Revisions-Land Use Elements -Proposed Ordinance DCA2011-00002 ORDINANCE NO. 12-09-AN ORDINANCE TO ADOPT DEVELOPMENT CODE AMENDMENT DCA 2011-00002 TO AMEND CHAPTERS -Proposed Ordinance CPA2011-00004 B. Urban Forestry Code Revisions-Non Land Use Elements -Proposed Ordinance-Amendments to the Tigard Municipal Code -Proposed Resolution-Amendments to the Citywide Master Fees and Charges Schedule 6. COUNCIL LIAISON REPORTS 9:10 p.m.-time is estimated 7. NON AGENDA ITEMS 8. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session.Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision.Executive Sessions are closed to the public. 9. ADJOURNMENT 9:30 p.m.-time is estimated AI S-1012 4 Business Meeting Meeting Date: 11/27/2012 Length (in minutes): 30 Minutes Agenda Title: Legislative Public Hearing-Development Code Amendment(DCA 2012-00001)-Projections Into Required Yards Submitted By: Gary Pagenstecher,Community Development Ordinance Item Type: Public Hearing-Legislative Meeting Type: Council Business Meeting-Main Public Hearing: Yes Publication Date: 11/08/2012 Information ISSUE The applicant requests a development code amendment to provide more flexibility in single family detached building design on narrow lots within the R-12 zone.The amendment would allow for building projections under certain size limitations and that include floor area to extend into required side yards. STAFF RECOMMENDATION/ACTION REQUEST Staff recommends Council support the Planning Commission's recommendation to adopt the proposed development code amendment,as amended by staff to limit applicability to side yards interior to a subdivision and to street side yards, as follows: 5. In the R-12 Zone,bay windows and projections with floor area may project into required interior side aid street side yards by one foot provided they do not:a)exceed 12 feet in length,b)contain over 30%of the dwelling unit side elevation square footage,and c) the width of the interior side yard is not reduced to less than 3 feet. KEY FACTS AND INFORMATION SUMMARY The applicant proposes to allow certain projections into required side yards in addition to those already allowed under the Exceptions to Development Standards chapter of the Tigard Development Code,as shown on Page 5 of the staff report. Currently,projections such as roof eves,chimney chases,and porches are allowed to project into required side yards (up to 3 feet in depth)while preserving a minimum three-foot clear side yard. The proposed"pop-outs" are distinguished from the projections currently allowed because they would include floor area,but limited to one foot in depth, 12 feet in length,30%of the wall elevation,(while also preserving a minimum three-foot clear side yard),and applicable to properties zoned R-12,only. In support of this amendment,the applicant sites market preference for the single-family detached housing type on narrow lots.By recent example,subdivisions in Tigard(Solera,and Everett Terrace,located at SW 96th Avenue and SW Greenburg)have created narrow lots approximately 25 feet wide that meet the 3,050 square foot minimum lot size for the zone. In addition,the White Oak Village PD also created a narrow lot subdivision approved for either attached or detached dwellings,which is now being built out with detached units. Looking to future development in Tigard,the proposed code amendment anticipates narrow lot subdivisions in the R-12 zone while maintaining the detached character of housing found in the majority of Tigard's neighborhoods. According to the 2011 Buildable Lands Inventory,there are 30 lots over 10,000 square feet in size totaling 35.46 acres (Exhibit H).The West Bull Mt. Community Plan designates approximately 70 gross acres as medium density residential, which includes the R-7, 12,and 25 zones,some portion of which will likely be zoned R-12 under the River Terrace planning process. Narrow lots can create narrow house design problems that can be alleviated when projections with floor area expand the width of floor plans at critical areas,such as upstairs baths and downstairs living rooms.The applicant argues that allowing these projections improves the aesthetics and functionality of walls that include them.The application materials (Exhibits B through E)include examples in Tigard (E,F Solera) and Portland(C,D)of single family dwellings with projections with floor area on narrow lots. As mentioned,the Exceptions to Development Standards chapter already allows projections into required yards. However,the proposed amendment would dramatically expand the potential impact of those projections from minor architectural features to up to 30%of the side elevation.Whereas these impacts may be acceptable to buyers of new homes on narrow lots,the impact to existing residents on adjacent properties may be perceived as more adverse (Exhibit D,lst and 5th image).To limit potential adverse impacts,staff recommends projections be limited to yards interior to the subdivision. The purpose of the Exceptions to Development Standards is to provide more flexible setback standards designed to allow for the maximum use of land and to allow for a varied building layout pattern while ensuring there will be adequate open space,light,air and distance between buildings to protect public health and safety.The 2011 Oregon Residential Specialty Code requires a minimum fire separation distance of three feet from the property line.The proposed code amendment would limit projections with floor area into required yards to this minimum. As demonstrated in the application and the findings in the staff report,the proposed amendment,as amended by staff, complies with the applicable state planning goals,City Comprehensive Plan goals and policies,and the city's implementing ordinances. On October 15,2012,the Planning Commission unanimously recommended Council approve the proposed code amendment as amended by staff.At the hearing there was no testimony in opposition. OTHER ALTERNATIVES The Council may approve,approve with modifications,deny or adopt an alternative to an application for the legislative change or remand to the Commission for rehearing and reconsideration. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS NA DATES OF PREVIOUS COUNCIL CONSIDERATION NA Attachments Ordinance Code Amendment Text PC Minutes Staff Report to the Planning Commission Applicant Proposed Code Amendment / Applicant Exhibits A-C /4-PGA/3- /A+"s �81E' �s �v�t P/rws�K�a�urs�� Applicant Exhibit D I—L I ho fos Applicant Exhibit E 3 //A.rs YE/ei -11u1 Applicant Exhibit F /- Nb Pop e v TS Applicant Exhibit G /1;04 o le/74 6 it V Cj Af'p 1I4 r X141;4 N , -t L ya prxrA Applicant Exhibit H IV D7t o f LyruQ H EPA!N lr CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 12- AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.730, TO ALLOW IN THE R-12 ZONE, BAY WINDOWS AND PROJECTIONS WITH FLOOR AREA TO EXTEND INTO REQUIRED YARDS WITH CERTAIN LIMITATIONS (DCA2012-00001). WHEREAS, the city received application for the proposed code amendment to amend the text of the Exceptions to Development Standards Chapter (18.730) of the City of Tigard Community Development Code to allow in the R-12 zone,bay windows and projections with floor area to extend into required yards with certain limitations; and WHEREAS, the purpose of Chapter 18.730 is to present exceptions to the height and setback standards which apply in various zoning districts as detailed in Chapters 18.510, 18.520 and 18.530, where flexible and/or more stringent setback standards are designed to allow for the maximum use of land and to allow for a varied building layout pattern while ensuring there will be adequate open space, light, air and distance between buildings to protect public health and safety; and WHEREAS, notice was provided to the Department of Land Conservation and Development at least 35 days prior to the first evidentiary public hearing; and WHEREAS, notice of the public hearings was published in the Tigard Times Newspaper at least 10 business days prior to the public hearings;and WHEREAS, the Tigard Planning Commission held a public hearing on October 15, 2012 and recommended with a unanimous vote that Council approve the proposed code amendment, as amended; and WHEREAS, the Tigard City Council held a public hearing on November 27, 2012, to consider the proposed amendment; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the applicable review criteria: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.730; 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; and WHEREAS, the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and unanimously approves the request as being in the best interest of the City of Tigard. ORDINANCE No. 12- Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendment attached as "EXHIBIT A" to this Ordinance is hereby approved and adopted by the City Council. SECTION 2: The findings in the October 4, 2012 Staff Report to the Planning Commission and the Minutes of the October 15, 2012 Planning Commission hearing are hereby adopted in explanation of the Council's decision. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and tide only, this day of , 2012. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2012. Craig Dirksen,Mayor Approved as to form: City Attorney Date ORDINANCE No. 12- Page 2 E 144 A DCA2012-00001 PROJECTIONS INTO REQUIRED YARDS DEVELOPMENT CODE AMENDMENT Explanation of Formatting These text amendments employ the following formatting: Strikettife •gh - Text to be deleted [Bold, Underline and Italicl — Text to be added Chapter 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 18.730.050 Miscellaneous Requirements and Exceptions D. Projections into required yards. 1. Cornices, eaves, belt courses, sills, canopies or similar architectural features may extend or project into a required yard not more than 36 inches provided the width of such yard is not reduced to less than three feet. 2. Fireplace chimneys may project into a required front, side or rear yard not more than three feet provided the width of such yard is not reduced to less than three feet. 3. Open porches, decks or balconies not more than 36 inches in height and not covered by a roof or canopy, may extend or project into a required rear or side yard provided such natural yard area is not reduced to less than three feet and the deck is screened from abutting properties. Porches may extend into a required front yard not more than 36 inches. 4. Unroofed landings and stairs may project into required front or rear yards only. S. In the R-12 Zone, bay windows and projections with floor area may project into required interior side and street side yards by one foot provided they do not: a) exceed 12 feet in length, b) contain over 30% of the dwelling unit side elevation square footage, and c) the width of the interior side yard is not reduced to less than 3 feet. "FOR COUNCIL NEWSLETTER" (Sent on 8/22/2012) r� = LAND USE PROPOSAL DESCRIPTION 120 DAYS = N/A FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2012-00001 FILE TITLE: POJECTIONS INTO REQUIRED YARDS CODE AMENDMENT APPLICANT: Ryan O'Brien 1862 NE Estate Drive Hillsboro, OR 97124 REQUEST: Amend Chapter 18.730.050.D of the Community Development Code to allow, in the R-12 Zone, bay windows and pop outs with floor area to project into required side yards by one foot provided they do not: a) exceed 12 feet in length, b) contain over 30% of the dwelling unit side elevation square footage,and c) the width of the approved side yard is not reduced to less than 3 feet. LOCATION: Citywide. ZONE: R-12 Zone. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.730; 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. DATE COMMENTS SENT: AUGUST 21,2012 DATE COMMENTS DUE: SEPTEMBER 4,2012 DATE DLCD NOTICE WAS SENT: AUGUST 20, 2012 (55 days prior to first evidentiary hearing) IDECISION MAKING BODY BELOW: ❑ TYPE I ['TYPE II ❑ TYPE III ® TYPE IV I ® PLANNING COMMISSION (MON.) DA TE OF HEARING: OCTOBER 15,2012 TIME: 7:00 PM ® CITY COUNCIL (TUES.)DATE OF HEARING: NOVEMBER 27, 2012 TIME: 7:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® PROPOSED ORDINANCE(1 week prior to hearings ® STAFF REPORT(1 week prior to hearings) ❑ ® PROPOSED AMENDMENTS ® DLCD NOTICE ❑ STAFF CONTACT: Gary Pagenstecher,Associate Planner (503) 718-2434 to COMMUNITY NEWSPAPERS 6605 SE Lake Road,Portland,OR 97222 PO Box 22109 Portland OR 91209 2109 Phone:503-684-0300 Fax 503 620-3433 Email: Iegals @eommnewspapers.eom AFF!DAV!T OF PUBL!CAT!ON State of Oregon, County of Washington, SS I, Charlotte Allsop, being the first duly sworn, PUBLIC HEARING ITEM: depose and say that I am the Accounting The following will be considered by the Tigard City Council on Tuesday November 27,2012 Manager of The Times (serving Tigard, v at 7:30 PM at the Tigard Civic Center-Town Tualatin & Sherwood), a newspaper of : hall, 13125 SW Hall Blvd.,Tigard,Oregon. , general circulation, published at Tigard, in the aforesaid county and state, as defined by T f G A R D Public oral or written testimony is invited. ORS 193.010 and 193.020, that 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 City of Tigard the rules of procedure set forth in Section 18.390.060E. Notice of Public Hearing/DCA2012-00001 TT11735 Further information may be obtained from the City of Tigard Planning Division (staff contact: Gary Pagenstecher) at A copy of which is hereto annexed, was 13125 SW Hall Blvd., Tigard, Oregon 97223, by calling 503- published in the entire issue of said 718-2434,or by email to garyp@tigard-or.gov. newspaper for DEVELOPMENT CODE AMENDMENT 1 (DCA)2012-00001 -POJECTIONS INTO REQUIRED YARDS- week in the following issue: REQUEST: Amend Chapter 18.730.050.D of the Community November 8, 2012 Development Code to allow, in the R-12 Zone, bay windows and pop outs with floor area to project into required side yards Uta-7( by one foot provided they do not: a)exceed 12 feet in length, 4P- I b)contain over 30%of the dwelling unit side elevation square footage, and c) the width of the approved side yard is not Charlotte Allsop (Accounting Mana er) ', reduced to less than 3 feet. LOCATION: Citywide. ZONE: R-12. APPLICABLE REVIEW CRITERIA: Community Subscribed and sworn to before me this Development Code Chapters 18.380, 18.390, 18.510, and November 8, 2 01 2. 18.730; 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. D The proposed amendments are available for review on the City's ��jr •,� d } website at http://www.tigard-or.gov/city_hall/departments/cd' NOTA' PUBLIC FOR OREGON, code_amendment.asp. My commission expires ' 17L 4 Publish 11/08/2012. TT11735 Acct#10093001 Attn: Gary Pagenstecher r— ` ~"�- �����1���'� i:Z+t. OFFICIAL SEAL �) City of Tigard fJ :L- JERKIN L SIPS 1) 13125 SW Hall Blvd IJ �-�;; NOTARY PUBLIC-OREGON 1) Tigard, OR 97223 () COMIUIISSION N0.461515 11 MY COMMISSION EXPIRES SEPTEMBER 01,2015 i Size: 2 x 4.75" Amount Due: $79.32* 'Please remit to address above. CITY OF TIGARD PLANNING COMMISSION Meeting Minutes October 15, 2012 CALL TO ORDER President Walsh called the meeting to order at 7:06 p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. ROLL CALL Present: President Walsh Vice President Anderson Commissioner Doherty Commissioner Fitzgerald Commissioner Muldoon Commissioner Rogers Commissioner Schmidt Commissioner Shavey Absent: Commissioner Ryan;Alt. Commissioner Miller;Alt. Commissioner Armstrong Staff Present: Tom McGuire, Interim Community Development Director; Doreen Laughlin, Executive Assistant; Sean Farrelly, Redevelopment Project Manager; Marissa Daniels, Associate Planner; Gary Pagenstecher, Associate Planner COMMUNICATIONS This agenda item was moved by President Walsh to the end of the meeting. CONSIDER MINUTES June 4, 2012 Meeting Minutes: President Walsh asked if there were any additions, deletions, or corrections to the June 4 minutes; there being none, Walsh declared the minutes approved as submitted. WORKSHOP — RIVER TERRACE COMMUNITY PUBLIC INVOLVEMENT PLAN Associate Planner Marissa Daniels gave an update on the public involvement plan for River Terrace. She covered the following three items and then opened it up for discussion: • The Planning Commission's role as Tigard's state recognized Committee for Citizen Involvement. • Details about the River Terrace Community Plan. http://agendas.tigard-or.gov/dots/2012/CCBSNS/20121127_491/1012 PC 101512 Mlnutes.docx Page 1 of 10 • Described the contents of the public involvement plan. She advised the commissioners that Sr. Planner, Darren Wyss,would be back in November to give a comprehensive overview of the project. She noted that there would be Stakeholder Working Group (SWG) meetings and that a Planning Commission member would be invited to participate in that.The committee will act as an advisory body to staff and provide a venue for citizen involvement opportunities in planning for River Terrace. The first message was sent through the "listserv" the previous week. Daniels noted that one of the benefits of following from Washington County is that they passed to Tigard a list of over a 100 contacts for this project. She added that the commissioners were welcome to join that listsery online at the City website and noted that the first kick-off meeting for the project would be held Wednesday, October 24th near the general River Terrace area—at Deer Creek Elementary School. She invited the Commissioners to attend and left postcards at the podium for them to pick up if they wanted more information on that and wanted to attend. Questions from the Commissioners of Daniels What is the role of the River Terrace Community Plan as a whole? You'll review items of the plan as they come through the legislative adoption process. There's a schedule on the draft (Exhibit A). You can see there that different topics will come through at different times to the Commission before the final adoption of the plan. Staff will keep the Commission updated and engaged throughout so that they will be prepared for that process at those different points. Questions of Interim CD Director,Tom McGuire Referring to the current staf issues-where does this project fit in your priorities— with everything else you have going on with planning staff right now?This project is one of the Council's goals for this year and one of their top priorities. We have Darren Wyss as the project manager and he will be moving this forward. In addition,we hired a local land use consultant,John Spencer, who will primarily help to manage the long range projects and assist me. So this project will move forward. Darren will be here in November to update the Commission on the processes and where this is going. At this point, President Walsh took a quick poll of the audience and noted that a majority of the people present were there for the Connectivity Agenda item. He decided to change the agenda order and moved the public hearing on connectivity to the next order of business. President Walsh opened the public hearing: PUBLIC HEARING - CPA2012-00001/DCA2012-00002 TIGARD DOWNTOWN CONNECTIVITY PLAN CODE AMENDMENTS REQUEST:To amend the City of Tigard 2035 Transportation System Plan to add background and figures and to amend the Tigard Development Code (Title 18) Chapters 18.370, 18.610 and 18.810 to implement new street connections. The complete text of the currently proposed amendments can be viewed on the city's website at http://www.tigard- or.gov/connectivity LOCATION: Downtown District. ZONE: MU-CBD. http://agendas.tigard-or.gov/docs/2012/CCBSNS/20121127 491/1012_PC 101512 Minutes.docx Page 2 of 10 1 STAFF REPORT Sean Farrelly, Redevelopment Project Manager introduced himself and also introduced Cathy Corliss who was there as a consultant with Angelo Planning Group and had worked on developing some of the code language for this amendment. Farrelly went over a PowerPoint presentation regarding the Tigard Downtown Improvement Plan (Exhibit B). He turned the presentation regarding the proposed amendments to Chapter 18.610 over to Ms. Corliss. STAFF RECOMMENDATION Staff recommends that the Planning Commission find that this request for a Comp Plan Amendment and Development Code Amendments meets the necessary approval criteria according to the findings found in Section IV of the staff report. Staff recommends approval of CPA2012-00001 and DCA2012-00002. PUBLIC COMMENT TESTIMONY IN FAVOR—Alexander Craghead—12205 SW Hall Blvd Tigard 97223 Mr. Craghead is the chair of the City Center Advisory Commission (CCAC) and present on behalf of the CCAC. He noted they had reviewed this quite thoroughly over several meetings (and stated that that was an understatement). He said tonight's amendments represent an accumulation of over five years of effort on behalf of the CCAC to carve the future transportation systems for downtown Tigard. The CCAC believes this plan achieves connectivity goals and that the right amount of flexibility is built into the plan. He had participated in the outreach of the property owners and heard the various concerns. He said he saw response from staff addressing those concerns while still achieving the goals. In closing, Craghead said the CCAC recommends the Planning Commission approve these amendments. TESTIMONY IN OPPOSITION Cecilia Thompson—1847 N. 150 E Centerville, UT She and her husband own a 67 unit apartment building in the area. They are concerned about the safety and security of the tenants if they have to have paths going through the area. They do not want to provide pedestrian and bike paths through the property. She said this is private property. If the plan goes through, she believes the property would be worth less. She said she's not heard any complaints from the tenants regarding connectivity and requests that her whole lot be exempt from this. She's against paying for someone else's pipe dream. Russ Little— PO Box 1006 Tualatin, OR 97062 He is one of the property owners in the Rite Aid center. His property currently houses 'Woodcraft." He said he bought the property because he'd decided to stay in Tigard and support the community. He's concerned that dividing his property into three pieces would decrease the value of his property. http://agendas.tigard-or.gov/docs/2012/CCBSNS/20121127_491/1012_PC 101512 Minutes.docx Page 3 of 10 David Wilson 12375 SW Hall Blvd. Tigard 97223 —Spoke in favor of the Scoffins collector. He said you should actually call it the Hunziker collector because it would be part of Hunziker. He believes it would reduce some of the cross traffic in front of Rite Aid and Woodcrafters. Owen Snyder 15400 SW Alderbrook Drive, Tigard Mr. Snyder stated he owns some properties in the Scoffins realignment in area map #4 where it shows the connector being made with Hunziker. He had the following clarification question: During that realignment,you're abandoning the previous intersection-what is the intended use of the existing street?Farrelly answered him. "No final decision has been made because we haven't"pulled the trigger" on that street- but a possible idea is that when that property is purchased from the owner of that apartment building—we'd essentially have to purchase the entire property and that abandoned ROW could be consolidated with the remaining property to present a parcel big enough to redevelop. So there's no other particular usage intended at this time? Nothing definite has been decided, but a good viable option would be to swap that ROW with that property owner to have a parcel that can be redeveloped. CLOSED PUBLIC TESTIMONY President Walsh then opened the meeting up for questions by the commissioners. One of the commissioners commented that,if it goes through, she would like to see that there will be some sort of help from the City for the owners of businesses to plan for redevelopment. She believes the owners have some legitimate concerns. Cathy Corliss said that all property owners would have to agree on whether the connections through the Rite- Aid block takes place. She thinks there's a way to designate those that are not quite the same as the way we would do in the viaduct. There were some questions regarding the near term redevelopment problems that could be created. The hope was that flexibility is built in of what could be done. Farrelly noted this is a discretionary process and that there is flexibility for line adjustments. There was a question of CCAC Chair Craghead as to whether he believes there is flexibility built into the plan. Craghead said what the CCAC is looking for is clarity because a lot of developers are not going to want to come in and develop if there's not a transportation plan in place—because they'd not know where those roads would be— and that's a problem—not a benefit. In this case, he can see the property owner's concern and he noted there appears to be no concern about having flexibility. PUBLIC HEARING CLOSED DELIBERATIONS President Walsh asked the commissioners their thoughts on this. Commissioner Doherty noted that this is not a connectivity plan that has just been thrown together. She mentioned that Chair Craghead had noted the five years of planning and discussions that had gone on. She is confident the City would work with the people who http://agendas.tigard-or.gov/dots/2012/CCBSNS/20121127_491/1012_PC 101512 MInutes.docx Page 4 of 10 brought up concerns down the road if indeed, it gets to the point that the connectivity would affect the apartment building or others. She said "I would support this because it has had a tremendous amount of input. But again... I would want the City to work with people who have issues." Commissioner Shavey believes this vision is a pretty strong picture of what can and may very well happen in downtown and thinks the Commission should make this recommendation to Council. Commissioner Muldoon recommends a change on the Rite-Aid block— simply list the end points and let that connectivity be determined as the redevelopment happens. Commissioner Anderson believes this is a good plan overall. There are no priorities listed on the streets and, if there were, he believes the two pieces that were talked about tonight would be low priority and probably among the last to be implemented. He believes that certainly the ones on Main Street and connecting some of the alleys are obvious and should be written in stone. He thinks putting end points would be good—let the developer work with the City to determine the street lines. Commissioner Rogers is generally happy with this but is a bit concerned about the Woodcraft building. He thinks it affects that particular owner on two sides of their building —it seems like we're picking on one particular landowner. Commissioner Schmidt would hate to burden any property owner with a condition like that that would affect their current value—much less what it would be 20 or 30 years down the road. Commissioner Fitzgerald appreciates the 5 years of work getting to this point. She thinks this could energize Tigard and put it on the path to having a really livable downtown community. She has two exceptions: she would like a piece of language to be readjusted a little differently. She would also like Tom McGuire to be a little more specific on how the code language could be addressed. That code language piece would help the Woodcraft property and Mrs. Thompson's (apartment) property pretty easily without affecting the overall draft. President Walsh likes the plan overall but has near term concerns. Are we creating a burden for the existing landowners? He hopes there is flexibility and thinks there is. He would like to see a softer line across the Rite Aid area and not having as defined a pathway as now and he also has concerns in that large block where the Thompson property is. President Walsh said he would reopen the hearing so he can hear from Tom McGuire and get some guidance on how to do that. PUBLIC HEARING REOPENED President Walsh asked Tom McGuire `7s it possible to amend the language and pass this tonight— move it forward?That's the wish of the getup." McGuire said it's going to be a challenge to have the exact language as an amendment tonight. President Walsh suggested that they take a recess from this hearing so McGuire and Cathy Corliss can get together and talk about this while the next public hearing takes place. They would then bring it back to the Commissioners—at which time they would reopen the http://agendas.tigard-or.gov/docs/2012/CCBSNS/20121127_491/1012_PC 101512 Minutes.docx Page 5 of 10 hearing. McGuire and the Commissioners agreed this was a good idea. President Walsh also decided that they would take a six minute break before the next public hearing. PUBLIC HEARING CLOSED (to be reopened following the next public hearing.) SIX MINUTE RECESS PUBLIC HEARING FOR PROJECTIONS OPENED PUBLIC HEARING—DCA2012-00001 PROJECTIONS INTO REQUIRED YARDS REQUEST: Amend Chapter 18.730.050.D of the Community Development Code to allow,in the R-12 Zone, bay windows and pop outs with floor area to project into required side yards by one foot provided they do not: a) exceed 12 feet in length, b) contain over 30% of the dwelling unit side elevation square footage, and c) the width of the approved side yard is not reduced to less than 3 feet. LOCATION: Citywide. ZONE: R-12. QUASI-JUDICIAL HEARING STATEMENTS President Walsh read the required statements and procedural items from the quasi-judicial hearing guide. There were no challenges of the commissioners for bias or conflict of interest. Ex-parte contacts: None. Site visitations: None; No challenges of the jurisdiction of the commission; no conflicts of interest. STAFF REPORT Gary Pagenstecher,Associate Planner,presented the staff report. [The staff report is available one week before the hearing.] STAFF ANALYSIS: As demonstrated in the application and the findings in the staff report, the proposed amendment complies with the applicable state planning goals, City Comprehensive Plan goals and policies, and the city's implementing ordinances. The code amendment anticipates narrow lot subdivisions in the R-12 zone while maintaining the detached character of the majority of Tigard's neighborhoods. According to the 2011 BLI there are 30 lots over 10,000 square feet in size totaling 35.46 acres. The West Bull Mt. Community Plan designates approximately 70 gross acres as medium density residential, which includes the R-7, 12, and 25 zones, some portion of which will likely be zoned R-12 under the River Terrace planning process. The Exceptions to Development Standards chapter already allows projections into required yards. However, the proposed amendment would dramatically expand the potential impact of those projections from minor architectural features to up to 30% of the side elevation. Whereas these impacts may be acceptable to buyers of new homes on narrow lots, the impact to existing residents on adjacent properties may be perceived as more adverse. To limit potential adverse impacts, staff recommends projections be limited to yards interior to the subdivision. http://agendas.tlgard-or.gov/docs/2012/CCBSNS/20121127_491/1012 PC 101512 Mlnutes.docx Page 6 of 10 The purpose of the Exceptions to Development Standards is to provide more flexible setback standards designed to allow for the maximum use of land and to allow for a varied building layout pattern while ensuring there will be adequate open space, light, air and distance between buildings to protect public health and safety. The 2011 Oregon Residential Specialty Code requires a minimum fire separation distance of three feet from the property line. The proposed code amendment would limit projections with floor area into required yards to this minimum. Staff recommends the following amended language (page 6, staff report): 5. In the R-12 Zone, bay windows and pep-outs projections with Boor area may project into required ulterior side and street side yards by one foot provided they do not: a) exceed 12 feet in length, b) contain over 30% of the dwelling unit side elevation square footage, and c) the width of the approved interior side yard is not reduced to less than 3 feet. APPLICANT TESTIMONY — Ryan O'Brien—1862 NE Estate Drive, Hillsboro, OR believes R12 is the zone where it's really needed; however, he said the City of Hillsboro allows it in all zones. It helps the interior of the houses look much better. Also— the elevations of street side corner lots look a lot better with the pop-outs and bay windows. O'Brien mentioned that Mark Dane was planning on being there to testify on behalf of this, but his wife became ill and he couldn't make it. He will submit his testimony of support in writing at a later time. QUESTIONS/COMMENTS Would this add sales value to these designs?$10 or $15 thousand I'd imagine. President Walsh added that he believed the application package was outstanding and that it was very helpful to the commissioners. TESTIMONY IN FAVOR Katie Patterson, 2005 NW 119th, Portland 97029 —represents two different builders, Sage Built Homes and Greenwood Homes. Ms. Patterson stated that Sage Built has an ownership at the Everett Terrace Subdivision which is 14 lots on 96th and Greenburg—right across from the Everett Homes Subdivision of Solera, and that Solera did build with these popouts even though they were not technically approved - and all of those houses were approved by the City of Tigard. She stated that she thinks the standard has already been set and that this is something that aesthetically looked fine. Ms. Patterson is in favor in large part because she believes that what looks to be a very small change (1 foot) on the outside of the house, can make a huge difference with regard to livability on the inside. She stated that areas like dining rooms may have a 6 — 8 foot table that can't typically fit a smaller room - so the pop outs can make a big difference in that regard. The interior really makes a difference. TESTIMONY IN OPPOSITION - None TESTIMONY CLOSED http://agendas.tigard-or.gov/docs/2012/CCBSNS/20121127_491/1012_PC 101512 Minutes.docx Page 7 of 10 MOTION The following motion was made by Commissioner Muldoon, seconded by Commissioner Shavey. "I move that the Planning Commission forward a recommendation of approval to the City Council for application DCA2012-00001 and adoption of the findings and conditions of approval contained in the staff report and based on the testimony received tonight." The motion CARRIED on a recorded vote; the Commission voted as follows: AYES: Commissioner Anderson; Commissioner Doherty; Commissioner Fitzgerald; Commissioner Muldoon; Commissioner Rogers; Commissioner Schmidt; Commissioner Shavey, and President Walsh NAYS: None. ABSTAINERS: None. ABSENT: Commissioner Ryan PUBLIC HEARING REOPENED AT 9:37pm Tom McGuire, Sean Farrelly, and Cathy Corliss had been discussing possible solutions to the issues the Commission had wanted them to talk about. Farrelly addressed the Rite-Aid property solution; the solution being a redrawing of the line to be more curved so the property would be affected on one side only. There was lengthy discussion about the other issues which President Walsh summarized at the end as follows: • The ADA issue... a no brainer—needs to be addressed as specified by staff. • Come up with a different concept for the line in front of Rite-Aid and how it finishes off on the far side around the Woodcraft property. • Staff will draft some language and add it so that it would handle any catastrophic event without creating a need for automatically enacting the "over 60%" threshold. • Leave the pedestrian/bicycle access alone. Leave as is. The commissioners agreed and President Walsh said "So now we need a motion." At this point, Sean Farrelly reminded the Commission that they would also need to address the things that had come up at the Council workshop that had been outlined in his PowerPoint presentation. Farrelly reminded them of the four suggestions: • An alley along the park and ride that connects to new street through Public Works (don't connect to Hall) • For Tigard/Burnham connection, straighten out. Put into a different classification (desired connection if the viaduct is reconstructed). http://agendas.tigard-or.gov/dots/2012/CCBSNS/20121127 091/1012 PC 101512 Minutes.docx Page 8 of 10 • Footnote to allow flexible design standards for the street near Fanno Creek park. Reduced ROW, pervious pavers. (This would have to be fleshed out at Council — the question would be are you, in concept, okay with that suggestion.) • Curve new street that goes through City Hall and Verizon. Farrelly said—in concept—if the Commission is comfortable with those suggestions — they would be fleshed out at Council. None of the Commissioners had issue with those suggestions so they were ready to make a motion. MOTION The following motion was made by Commissioner Muldoon, seconded by Commissioner Fitzgerald: "I move the Planning Commission forward a recommendation of approval to the City Council of application CPA2012-00001 & DCA2012-00002 as amended with four amendments: first,where staff will add catastrophic event language addressing fire and similar issues; second, that the line in the designated property [Woodcraft] be adjusted as projected by staff; third, that the ADA language be addressed as specified by staff; and last, that four adjustments be fleshed out with staff with the Council and that would otherwise be approved as contained in the staff report and based on the testimony provided tonight." The motion CARRIED on a recorded vote; the Commission voted as follows: AYES: Commissioner Anderson; Commissioner Doherty; Commissioner Fitzgerald; Commissioner Muldoon; Commissioner Rogers; Commissioner Ryan; Commissioner Schmidt; Commissioner Shavey, and President Walsh NAYS: None. ABSTAINERS: None. ABSENT: Commissioner Ryan President Walsh asked staff to send an email out to the Commission when the language is drafted. This will go to City Council on December 11th. CLOSED PUBLIC HEARING ON DOWNTOWN CONNECTIVITY PLAN CODE AMENDMENT PROJECT COMMUNICATIONS There was a brief report by Vice President Anderson on his meeting with the Tigard Population and Housing Review committee. The first meeting included a consultant who talked about what our housing is today in Tigard and what we need to do and address. http://agendas.tigard•or.gov/docs/2012/CCBSNS/20121127 491/1012 PC 101512 Minutes.docx Page 9 of 10 Basically, he said "we're in pretty good shape with zoning and land. We just need to address maybe some lower income housing. We'll talk about this at the next meeting." Commissioner Muldoon had come up with a presentation that he would like to present to Council regarding business clusters and economic development. He asked the Commission to take a look at it. (He'd distributed it to them earlier.) President Walsh said the Planning Commission would need to take a look at it before Commissioner Muldoon presented it— so they could give feedback to him. Muldoon would eventually like to engage council in a workshop format so they can have discussion on it. President Walsh would like to invite Councilor Woodard, as the Planning Commission's Council liaison, to come in to talk to the Commission about economic development and then have a discussion with Council— perhaps at the meeting when Greater Portland Inc. (the consultant who had to cancel at the last minute but would reschedule to another date) would be there. President Walsh asked that whoever attends the joint Council workshop the next evening would bring back information for the Planning Commission as to what had transpired. OTHER BUSINESS Tom McGuire reminded the commissioners that November would be the annual revisiting of development of Council Goals for next year. He reminded the Commissioners to start thinking about that now. It's on the agenda for the November 5th meeting. He asked that they think about what they'd like to recommend to Council for their suggestions for Council Goals for 2013 and then talk about it at the next meeting in November. President Walsh asked Doreen Laughlin if she would be responsible to get a simple matrix out to everybody before the next meeting so they'd have something to think about. He wanted the matrix to list the Council's goals, the Planning Commission's suggested goals, and show what the progress is on them. She agreed to do that. ADJOURNMENT President Walsh adjourned the meeting at 10:10 p.m. Doreen Laughlin,Planning Commission Secretary A TI EST: Acting President Tom Anderson http://agendas.tigard-or.gov/docs/2012/CCBSNS/20121127_491/1012_PC 101512 Minutes.docx Page 10 of 10 " City of Tigard ■ Planning Commission Agenda TIGARD MEETING DATE: October 15, 2012; 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:o4)p•m• 3. COMMUNICATIONS 7:01 p.m. 4. CONSIDER MINUTES 7'03 p.m. 5. BRIEFING —RIVER TERRACE COMMUNITY PUBLIC INVOLVEMENT PLAN 7:05 p.m. 6. PUBLIC HEARING — (DCA) 2012-00001 PROJECTIONS INTO REQUIRED YARDS':20Pan. REQUEST: Amend Chapter 18.730.050.D of the Community Development Code to allow, in the R-12 Zone,bay windows and pop outs with floor area to project into required side yards by one foot provided they do not: a) exceed 12 feet in length, b) contain over 30% of the dwelling unit side elevation square footage, and c) the width of the approved side yard is not reduced to less than 3 feet. LOCATION: Citywide. ZONE: R-12. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.730; 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. 7. PUBLIC HEARING- CPA2012-00001/DCA2012-0000270 p.m. TIGARD DOWNTOWN CONNECTIVITY PLAN CODE AMENDMENTS REQUEST: To amend the City of Tigard 2035 Transportation System Plan to add background and figures and to amend the Tigard Development Code (Title 18) Chapters 18.370, 18.610 and 18.810 to implement new street connections. The complete text of the currently proposed amendments can be viewed on the city's website at http://www.tigard-or.gov/connectivity LOCATION: Downtown District. ZONE: MU-CBD. COMPREHENSIVE PLAN DESIGNATION: Mixed Use - Central Business District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Goals 1, Citizen Involvement; 2, Land Use Planning; 9, Economic Development; 11, Public Facilities and Services; 12, Transportation; 13, Energy Conservation; and 15, Special Planning Areas: Downtown; Statewide Planning Goals 1, 2, 9, 11, 12, and 13; METRO's Urban Growth Management Functional Plan Title 6; METRO's Regional Transportation Functional Plan Titles 1,2,and 5. 8. OTHER BUSINESS —9'S0 8. ADJOURNMENT— ltOop.m. PLANNING COMMISSION AGENDA— OCTOBER 15, 2012 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 oft PLEASE SIGN IN HERE Tigard Planning Commission TIGARD Agenda Item # ..p Page of Date of Hearing -01 Case Number(s) JCS a 64a -`-Ova Case Name 'R C ��,Qs�-\0 41 S \1 l eck y 6.—ociS Location If you would like to speak on this item, please CLEARLY PRINT your name, address, and zip code below: Proponent (FOR the proposal): pponent (AGAINST the proposal): Name: (eti\,((_ CY �t e�jri Name: Address: A / P(1( cAl -t— Address: City, State, Zip: ((�� ( TY/ City, State, Zip: Name: }.A A U. U -� . Name: Address: l,2j"6 3'O 3 ~' 'R-t. Address: e City, State, Zip: U C—Y Z1 C O L '17 6c- Y City, State Zi.: Name: ©� A- Vc' "Name: Address: 1 2415 5-.4/, te ñ I( 13 14 Address: City, Stat Zip:l n g i 2 3 City, State, Zip: Name: . , , _. �-),. Name: Address:a Cot" N ■ MA-) r `c, ci Address: rt 01 04 i City, State, Zip:c `-" ' ( d f -? City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Agenda Item: Hearing Date: October 15,2012 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY CASE NAME: PROJECTIONS INTO REQUIRED YARDS CASE NO.: Development Code Amendment (DCA) DCA2012-00001 PROPOSAL: The applicant is requesting an amendment to Chapter 18.730.050.D of the Community Development Code to allow, in the R-12 Zone, bay windows and projections with floor area to extend into required side yards by one foot provided they do not: a)exceed 12 feet in length, b) contain over 30% of the dwelling unit side elevation square footage, and c) the width of the approved side yard is not reduced to less than 3 feet. APPLICANT: Ryan O'Brien 1862 NE Estate Drive Hillsboro,OR 97124 ZONES: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. LOCATION: City—wide on land zoned R-12. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.730; 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 of the proposed text amendment,as amended by staff, allowing projections with floor area into required interior side yards subject to certain limitations,and with any alterations as determined through the public hearing process, and make a final recommendation to the 'Tigard City Council. PROJECTIONS INTO REQUIRED YARDS DEVELOPMENT CODE AMENDMENT DCA2012-00001 10/15/12 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 6 SECTION III. PROPOSAL AND BACKGROUND INFORMATION The applicant proposes to allow certain projections into required side yards in addition to those already allowed under the Tigard Development Code. Currently, projections such as roof eves, chimney chases, and porches are allowed to project into required side yards with limited depth while preserving a minimum three-foot clear side yard. The proposed "pop-outs" are distinguished from the projections currently allowed because they include floor area,limited to one foot in depth while also preserving a minimum three-foot clear side yard. The additional projections would be applicable to properties zoned R-12,only. Recent subdivisions (White Oak Village, Solera, and Everett Terrace) have created narrow lots approximately 25 feet wide that meet the 3,050 square foot minimum lot size for the zone. However, narrow lots may create narrow house design problems that can be alleviated when pop-outs expand the width of floor plans at critical areas, such as upstairs baths and downstairs living rooms. In support of this amendment, the applicant sites market preference for the single-family detached housing type on narrow lots and improved aesthetics and functionality of walls that include pop outs. The applicant states that the proposed code amendment would support affordable in-fill housing through efficient use of land in the R-12 zone. The application materials include examples in Tigard and Portland of single family dwellings with pop-outs on narrow lots (Exhibits B through E). SECTION IV. APPLICABLE CRITERIA,FINDINGS AND CONCLUSIONS 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 proposed text amendment would apply to all R-12 zoned lands within the City.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 ORS Chapter 197 Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. 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. Statewide Planning Goal 10--To provide for the housing needs of citizens of the state. PROJECTIONS INTO REQUIRED YARDS DEVELOPMENT CODE AMENDMENT DCA2012-00001 10/15/12 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OE 6 Buildable lands for residential use shall be inventoried and plans shall encourage the availability of adequate numbers of needed housing units at price ranges and rent levels which are commensurate with the financial capabilities of Oregon households and allow for flexibility of housing location, type and density. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The proposed text amendment's consistency with the Comprehensive Plan's Citizen Involvement, Land Use Planning, Economic Development, and Housing goals and policies are discussed in this report, below. Based on the findings below,staff finds that the proposed code amendment is consistent with applicable Statewide Planning Goals. • 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. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. The City mailed notice of the Planning Commission hearing to interested citizens on September 25, 2012. A notice was published in the Tigard Times newspaper on September 27,2012 at least 10 days prior to the hearing. After the Planning Commission public hearing, additional notice will be published prior to the City Council hearing. Two public hearings are held(one before the Planning Commission and the second before the City Council) at which opportunity for public input is provided.This goal is met. 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 proposed amendment to the city's development code is precipitated by changes in the housing market that support affordable single-family detached housing on narrow lots.The proposed amendment would update the implementing regulations of the Tigard Development Code and,as shown in this section,is consistent with the applicable provisions of Tigard's Comprehensive Plan.This policy is met. Comprehensive Plan Goal 9: Economic Development 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. The roposed code amendment would expand the Exceptions to Development Standards section of the code (18.730) to allow pop outs into required yards improving the aesthetics and functionality of the single family detached housing type on narrow lots in the R-12 zone. The applicant suggests there is increased demand for this product type as affordable in-fill housing. The proposal would not affect infrastructure.This policy is met. 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 code amendment would apply to all existing housing types permitted in the R-12 zone. However, its greatest utility would be to support infill development on narrow lots with single-family detached PROJECTIONS INTO REQUIRED YARDS DEVELOPMENT CODE AMENDMENT DC k2012-00001 10/15/12 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 6 houses. The effect on the development of R-12 zoned properties may be to increase detached housing over attached housing,while not precluding the latter. According to the applicant, detached housing on narrow lots meets the preference in the housing market for detached housing and keeps the housing type affordable. This policy is met. Goal 10.2: Maintain a high level of residential livability. Policy 1: The City shall adopt measures to protect and enhance the quality and integrity of its residential neighborhoods. As shown in the applicant's exhibits B through E, the architectural interest of dwellings with projections could enhance the quality of residential buildings in R-12 zones. However, the reduction of side yards to accommodate projections on narrow lots may adversely affect adjacent established homes. Limiting applicability of the proposed code amendment to interior side yards would ensure protection of existing development. This policy is met. FINDING: As shown in the analysis above, staff finds that with the suggested staff changes, the proposed code amendment is consistent with the applicable goals and policies in Tigard s Comprehensive Plan. • Applicable Provisions of the City's Implementing Ordinances Chapter 18.510- Residential Zoning Districts 18.510.010 Purpose A. Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible nonresidential development—schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services—at appropriate locations and at an appropriate scale. B. Encourage construction of affordable housing.Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged. This can be accomplished by providing residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. The applicant anticipates growth of infill housing in the R-12 zone through future subdivisions with the minimum 25 foot frontage (18.810.060.B) creating narrow lots for single family detached housing. The proposed code amendment could support this vision by improving the aesthetics and functionality of detached housing on narrow lots. Tigard is dominated by existing neighborhoods developed with low density detached single family housing. The proposed code amendment supports compatible single family detached development in abutting R-12 zones, consistent with the purposes of the residential zoning district. 18.510.020 List of Zoning Districts R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. According the city's 2011 Buildable Lands Inventory, there are 30 lots over 10,000 square feet in size totaling 35.46 acres (Exhibit H). According to the applicant, the development potential of these infill properties is sufficient to warrant an application for the proposed additional exception to development standards allowing projections with floor area into required side yards. Chapter 18.730- Exceptions to Development Standards The purpose of this chapter is to present exceptions to the height and setback standards which apply in various zoning districts as detailed in Chapters 18.510, 18.520 and 18.530. Flexible and/or more stringent setback standards are designed to allow for the maximum use of land and to allow for a varied building layout pattern while ensuring there will be adequate open space,light, air and distance between buildings to protect public health and safety. PROJECTIONS INTO REQUIRED YARDS DI\'I I.OPMEN'r CODE AMENDMENT DC\2012-00001 10/15/12 PUBLIC HEARING,STAFF REPORT TO TIM PLANNING COMMISSION PAGE 4 OF 6 The proposed development code amendment provides for added flexibility in building elevation design to improve aesthetics and functionality of narrow house designs for narrow lots in the R-12 zone. A minimum three-foot setback is specified, consistent with the 2011 Oregon Residential Specialty Code which requires a minimum fire separation distance of three feet from the property line. 18.730.050-Miscellaneous Requirements and Exceptions This section includes requirements and exceptions for non-conforming front setbacks, storage in front yards, projections into required yards, lot area for flag lots, and front yard determinations. The proposed code amendment would add an additional exception to the Projections into Required Yards subsection, as shown below. FINDING: As shown in the analysis above, staff finds that the proposed text amendment is consistent with the applicable provisions of the City's implementing ordinances. PROPOSED TEXT AMENDMENT TO THE TIGARD DEVELOPMENT CODE DCA2012-00001 PROJECTIONS INTO REQUIRED YARDS DEVELOPMENT CODE AMENDMENT Explanation of Formatting These text amendments employ the following formatting: Strilengh - Text to be deleted 'Bold,Underline and Italic' — Text to be added Chapter 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 18.730.050 Miscellaneous Requirements and Exceptions D.Projections into required yards. 1. Cornices, eaves,belt courses, sills,canopies or similar architectural features may extend or project into a required yard not more than 36 inches provided the width of such yard is not reduced to less than three feet. 2. Fireplace chimneys may project into a required front, side or rear yard not more than three feet provided the width of such yard is not reduced to less than three feet. 3. Open porches, decks or balconies not more than 36 inches in height and not covered by a roof or canopy, may extend or project into a required rear or side yard provided such natural yard area is not reduced to less than three feet and the deck is screened from abutting properties. Porches may extend into a required front yard not more than 36 inches. 4. Unroofed landings and stairs may project into required front or rear yards only. S. In the R-12 Zone, bay windows and pop outs with floor area may project into required side yards by one foot provided they do not: a) exceed 12}eet in length, b) contain over 30% of the dwelling unit side elevation square footage, and c)the width of the approved side yard is not reduced to less than 3 feet. PROJECTIONS INTO REQUIRED YARDS DEVELOPMENT CODE AMENDMENT DCA2012-00001 10/15/12 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 5 OF 6 SECTION V. STAFF ANALYSIS As demonstrated in the application and the analysis above, the proposed amendment complies with the applicable state planning goals, City Comprehensive Plan goals and policies, and the city's implementing ordinances. Developers are interested in the proposed code amendment because it would allow a more desirable, affordable and higher quality single-family detached product for infill developments within Tigard. The code amendment anticipates narrow lot subdivisions in the R-12 zone while maintaining the detached character of the majority of Tigard's neighborhoods. Recent subdivisions (Solera and Everett Terrace) located at SW 96th Avenue and SW Greenburg Road are examples of this subdivision type. Development exceptions allowing projections into required yards is established in the existing code. However, the proposed amendment would dramatically expand the potential impact of those projections from minor architectural features to up to 30%of the side elevation.Whereas these impacts may be acceptable to buyers of new homes on narrow lots, the impact to existing residents on adjacent properties may be perceived as more adverse. To limit potential adverse impacts,pop outs should be limited to yards interior to the subdivision. The applicant argues that projections improve the aesthetics and functionality of detached dwellings on narrow lots and would support affordable in-fill. housing through efficient use of land in the R-12 zone. The purpose of the Exceptions to Development Standards is to provide more flexible setback standards designed to allow for the maximum use of land and to allow for a varied building layout pattern while ensuring there will be adequate open space, light, air and distance between buildings to protect public health and safety. The 2011 Oregon Residential Specialty Code requires a minimum fire separation distance of three feet from the property line. The proposed code amendment would limit projections with floor area into required yards to this minimum. Staff Recommendation: S. In the R-12 Zone, bay windows and pop-outs projections with floor area may project into required interior side and street side yards by one foot provided they do not: a) exceed 12 feet in length, b) contain over 30% of the dwelling unit side elevation square footage, and c) the width of the approved interior side yard is not reduced to less than 3 feet. SECTION VI. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS The City of Tigard Development Engineering Division reviewed the proposal and cautioned that potential conflicts with projections that extend into easements would not be supported. The City of Tigard Building Division reviewed the proposal and identified the UBC provision requiring a minimum 3-foot setback for walls and 2-foot setback for eves (if constructed with 1-hour rated materials). DLCD was notified of the proposed code text amendment but provided no comment. ..�>�•� ' October 4,2012 PREPARED BY/ Gary PIgenstecher DATE Associate Planner October 4,2012 APPROVE )BY: Tom McGuire DATE Interim Community Development Director PROJECTIONS INTO REQUIRED YARDS DEVELOPMENT CODE AMENDMENT DCA2012-00001 10/15/12 PUBLIC HEARING,STAFF REPORT TO TIIE PLANNING COMMISSION PAGE 6 OF 6 • , COMMUNITY NEWSPAPERS 6005 SE Lake Road,Penland,OR 97222'PO Box 22109 Portland OR 97269 2109 Plane:503-884-0300 Fax:503"820"3433 E mail: legals @commnewspapers.com AFFIDAVIT OF PUBLICATION State of Oregon, County of Washington, SS I, Charlotte Allsop, being the first duly sworn. PUBLIC HEARING ITEM: depose and say that I am the Accounting The following will be considered by the Manager of The Times V Tigard Planning Commission at a Public g (serving Tigard, Tualatin & Sherwood), a newspaper of ® Hearing on Monday October 15. 2012 at general circulation, published at Tigard, in the 7:00 PM at the Tigard Civic Center - Town 9 P g Hall, 13125 SW Hall Blvd.,Tigard,Oregon. aforesaid county and state, as defined by T I G A R D Public oral or written testimony is invited. ORS 193.010 and 193.020, that The public hearing on this matter will be held under Title 18 and rules of procedure adopted City of Tigard 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 Notice of Public Hearing/DCA2012-00001 review is for the purpose of making a recommendation to the TT11720 City Council on the rrn,i--f The Council will then hold a public hearing on the Ng—,prior to making a decision. A copy of which is hereto annexed, was Further information may be obtained from the City of Tigard published in the entire issue of said Planning Division (Staff contact: Gary Pagenstecher) at 13125 SW Hall Blvd., Tigard, Oregon 97223, by calling 503- newspaper for 718-2440 or by e-mail to garyp @tigard-or.gov. 1 DEVELOPMENT CODE AMENDMENT week in the following issue: I (DCA)2012-00001 September 27, 2012 -PROJECTIONS INTO REQUIRED YARDS- REQUEST: Amend Chapter 18.730.050.D of the Community Development Code to allow, in the R-12 Zone, bay windows � �1`H� and pop outs with floor area to project into required side yards by one foot provided they do not: a)exceed 12 feet in length, Charlotte Allsop (Accounting Ma ager) I b) contain over 30%of the dwelling unit side elevation square footage, and c) the width of the approved side yard is not Subscribed and sworn to before me this reduced to less than 3 feet. LOCATION: Citywide. ZONE: September 27, 2012. R-12. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and ec xx�� 18.730; Comprehensive Plan Goals 1, Public Involvement; t'�� - /- Goal 2, Land Use Planning; Goal 9, Economic Development; Goal 10,Housing;and Statewide Planning Goals 1,2,9 and 10. NOTARY' PUBLIC FOR OREGON r2D/5- Publish 09/27/2012. TT11720 My commission expires ei Acct#10093001 _7 Attn: Chris Wiley (ti-` 1-�..1.`�.�.�.����1�,�1 City of Tigard �f''_s� OFFICIAL SEAL J • "� JERRIN L SIPE ) 13125 SW Hall Blvd 1) - t' r NOTARY PUBLIC-OREGON Tigard, OR 97223 li ► COMMISSION NO.461515 1 MY COMMISSION EXPIRES SEPTEMBER 01,2015 0 Size: 2 x4.75" �-�ti^�.-.c,+. -`.-�.."�'�`�■v Amount Due: $79.32* *Please remit to address above RECEIVED City of Tigard ,I,,R g • Land Use Permit Application PRE-APP.HELD BY: TIGARD File# I Other Case# Date By Receipt# Fee Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance(II) ❑Historic Overlay(II or III) ❑Site Development Review(II) ❑ Comprehensive Plan Amendment(IV) ❑Home Occupation(II) ❑Subdivision(II or III) ❑Conditional Use(III) ❑Minor Land Partition(II) ❑ Zone Change(III) XDevelopment Code Amendment(IV) 0 Planned Development(III) ❑Zone Change Annexation(IV) ❑Downtown Design Review(II,III) ❑Sensitive Lands Review(II or III) NOTE: FOR REQUIRED SUBMITTAL ELEMENTS,PLEASE REFER TO YOUR PRE-APPLICATION CONFERENCE NOTES LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) TAX MAPS&TAX LOT NOS. tVA TOTAL SITE SIZE ZONING CLASSIFICATION APPLICANT'S - MAILING ADDRESS/CITY/STATE/ZIP� nI � C D ( � (� j��J �j(7 PHONE NO.V V� L- ` lv 1lr c� c DI"_'NO. `�1Z 1 (-CS EO o/ 2 1 / G-03 — 7&O -- 4-06 I PRIMARY CONTACT PERSON PHONE NO. E-MAIL RYA-1 C 1 >R l ter(.1 .4---RaNT/ -CO M PROPERTY OWNER/DEED HOLDER(Attach list if more than one) 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) D S F----6-7-(0N /8. 730 . 05 0, D 5 — 6 M -D Co DE ) W ON '�ooT ( h(DO w S (o pop co 4TH To ( K fit 11-H- 3 Foy' E (P E ((m-P-DS City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-718-2421 I www.tiTTraard-or.aov I Page 1 of2 THE APPLICANT SHALL CERTIFY THAT: • If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. bt,t c--- _ /4 / 2-- Owner's ignature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date City of Tieard I 13125 SW Hall Blvd..Tieard.OR 97223 I 503-718-2421 I www.tigard-or.gnv I Pape 2 nf7 • City of Tigard TIGARD Land Use Permit Application APPLICATIONS WILL NOT BE ACCEPTED IN PARTIAL SUBMITTALS. ALL ITEMS MUST BE SUBMITTED AT ONE TIME. ➢ This form is required to complete your submittal. The applicant must check the box next to the item verifying that the information is present. Staff will check off the items at intake. ➢ Three (3) copies of all materials are required for the initial review process. The balance of the copies will be requested once your submittal is deemed substantially complete. ➢ Each packet must be collated. ➢ Plans are required to be a minimum of 24"x 36"or 22"x 34". D Plans must be FOLDED, rolled plans are not accepted. Applicant Staff Documents,Copies and Fees Required Completed Master"Land Use Permit"Application with property owner's signature or name of agent and letter of authorization ti/A- Title transfer instrument or grant deed Written summary of proposal Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) ��tt Documentary evidence of Neighborhood Meeting:Neighborhood Meeting Affidavits of (44- Posting&Mailing Notice,Minutes,Sign-in Sheets Service Provider Letter ti Impact Study per Section 18.390.040.B.2(e) Copy of the Pre-Application Conference notes X Filing Fee (see fee schedule) N/A Preliminary Sight Distance Certification t( Preliminary Storm Calculations tc Arborist Report Traffic Report(if Required) yC Maps or Plans (Plans must be at least 24"x 36") 74. Architectural Drawings (elevations & floor plans) N/A- Existing Conditions Map t/ Landscape Plan ( Preliminary Grading/Erosion Control Plan Preliminary Partition/Lot Line Adjustment Plan t( Preliminary Storm Drainage Plan Preliminary Utilities Plan ii Public Improvements/Streets Plan i( Site Development Plan Subdivision Preliminary Plat Map Topography Map Tree Preservation/Mitigation Plan Vicinity Map ➢ Once your application has been deemed substantially complete you will be notified by the Planning Division in the form of a completeness letter indicating that you will need to provide the following: Two (2) sets of stamped, addressed#10 envelopes for all owners of property within 500 feet of the subject property (the 2 sets must remain separated for the purpose of 2 mailings). Mailing envelopes shall be standard legal-size (#10), addressed with 1"X 4"labels (please see envelope submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee (please see request for 500' property owner mailing list form). I:\CURPLN\Masters\Submittal Requirements Check List.doc (updated:21-january-10) r ° M 1 2DLCD Notice of Proposed Amendment or ❑Periodic Review work Task Proposed Hearing or ❑Urban Growth Boundary or Urban Reserve Area THIS COMPLETED FORM,including the text of the amendment and any supplemental information,must be submitted to DLCD's Salem office at least 35 DAYS PRIOR TO THE FIRST EVIDENTIARY HEARING ORS 197.610,OAR 660-018-0020 and OAR 660-025-0080 Jurisdiction: C IT / O l= Tr G -b Date of First Evidentiary Hearing: OGTOd 117.2,0:Z. Local File Number: 20(2 -coon Date of Final Hearing: ,Mfr ??/,OF'2 Is this a REVISION to a previously submitted proposal? No ❑ Yes Original submittal date: ❑ Comprehensive Plan Text Amendment(s) Comprehensive Plan Map Amendment(s) Et Land Use Regulation Amendment(s) ❑ Zoning Map Amendment(s) ❑ Transportation System Plan Amendment(s) ❑ Urban Growth Boundary Amendment(s) ❑ Periodic Review Work Task Number ❑ Urban Reserve Area Amendment(s) ❑ Other(please describe): Briefly Summarize Proposal in plain language IN THIS SPACE(maximum 500 characters): /MD St G 7io nl /e. 730, 05 a D.S fio .rye 776 iae evb-zao r7 ceal)S 7b ,z cot-4) oNf Fao j /347 J/no 9s f.00' oorc ,���-�r�L �,arY6. piece E•9 //77/ Melt-per.r f,4E t,P�S 3 lar��et-1/7 /rrtii-cr'fa r�oi✓- h,aSil.+yS� fe:x- uKEr 5u di I9 S FLI C- / e/03.10frol d seS,4. Has sufficient information been included to advise DLCD of the effect of proposal? NYes,text is included Are Map changes included: minimum 8'/2"x11"color maps of Current and Proposed designations. ❑Yes,Maps included NJ? Plan map change from: To: Zone map change from: To: Location of property(Site address and TRS): Previous density range: New density range: Acres involved: Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ISIN ❑ ❑ ❑ ❑ ❑ ❑ ELE ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Is an exception to a statewide planning goal proposed?❑YES rg NO Goal(s): Affected state or federal agencies, local governments or special districts(It is jurisdiction's responsibility to notify these agencies. Local Contact person(name and title): G V f/ 6 -'. r• Phone: -O 3 78 -2. y3 Extension: Address: /.3/025 S(.J. 1-1/44.%- City: 716418..h Zip: 7722'2 Fax Number: n-'03- 63,< 7277 E-mail Address: nary d, f7fi4e0 -OK.roil -FOR DLCD internal use only- J DLCD File No REQUEST FOR COMMENTS I:114 REQUEST FOR COMMENTS TIGARD DATE: August 21.2012 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher.Associate Planner Phone: (503) 718-2434 Fax: (503) 684-7297 Email:garyp @tigdrd-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2012-00001 - PROJECTIONS INTO REQUIRED YARDS - REQUEST: The proposal would amend the Community Development Code Chapter 18.730.050.D by adding a section to allow in the R-12 Zone bay windows and pop outs with living area,which may project into side yards by one foot provided they do not: a) exceed 12 feet in length, b) contain over 30% of the dwelling unit side elevation square footage, and c) the width of the approved side yard is not reduced to less than 3 feet. LOCATION: City-wide COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential District. ZONE: R-12: The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet.A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.510, 18.730; Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goal 9, Economic Development;Goal 10,Housmg;and Statewide Planning Goals 1,2,9 and 10. The complete text of the proposed Code Amendments is attached for your review. From information supplied by various departments and agencies and from other information available to our staff,a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: SEPTEMBER 4, 2012. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: ✓ We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: pa le L4414 — /2d & J c,) /),-cie l',,('PI-014 Name&Number of Person Commenting. C rB� ,Jerki Z y G g Aitl , lNTS tuuhLD �dt r---�►c {,,14- WOc,L 0 NAt/t k(.4 E RE end xarr.+/dr fOA. CAI/L. i2o'j 4,cT�^iS W/li,,i t 1.41 wk, A-r NNE Fvor M A2(, f go i[-4.7--3"cAd W�TN /- !lr 0,4T w CAA) Tit! $oTTUA 5;-i) C 3A it 7-- CO A L J t AD Piz 4.ssf� '()JAN R�JStt.J. REQUEST FOR COMMENTS III I 411 TIGARD DATE: August 21,2012 TO: PER ATTACHED 50 J7 VIA "m414. To G' '6 r /3c o 6. FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher,Associate Planner Phone: (503) 718-2434 Fax: (503) 684-7297 Email:garyp @tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2012-00001 - PROJECTIONS INTO REQUIRED YARDS - REQUEST: The proposal would amend the Community Development Code Chapter 18.730.050.D by adding a section to allow in the b R-12 Zone bay windows and j op outs with living area,which may project into side yards by one foot provided they do not: a) exceed 12 feet in length, b) contain over 30% of the dwelling unit side elevation square footage, and c) the width of the approved side yard is not reduced to less than 3 feet. LOCATION: City-wide COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential District. ZONE: R-12: The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.510, 18.730; 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 complete text of the proposed Code Amendments is attached for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: SEPTEMBER 4, 2012. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: MAILING / NOTIFICATION RECORDS SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sign- re / item 4 if Restricted Delivery is desired. / ❑Agent • Print your name and address on the reverse '• ❑Addressee so that we can return the card to you. B. -eceived byi Printed Name) C. Djate of Delivery • Attach this card to the back of the mailpiece, T or on the front if space permits. (/< e. a/1 0/1-- -- 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ®No ATTN PLAN AMENDMENT SPECIALIST DEPT OF LAND USE&CONSERVATION 635 CAPITOL STREET NE SUITE 150 SALEM OR 97301-2540 3. Service Type !Or Certified Mail ❑ Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7005 3110 0004 5777 5224 PS Form 3811, February 2004 Domestic Return Receipt 102595-o2-M-1540 U.S. Postal Service,, CERTIFIED MAIL,., RECEIPT ru ru (Domestic Mail Only;No insurance Coverage Provided) Lri For delivery information visit our website at www.usps.com '` OFFICIAL USE N PostageS , • � QpRTL,14, Certified Fee �p Return Receipt Fee M � N Hero(Endorsement Required) O Restricted Delivery Fee W 1-4 (Endorsement Required) yJ y r m Total Postage 8 Fees 1.111V1 '488 Qrd ED Sent To ATTN PLAN AMENDMENT SPECIALIST O N gtreet,Apt. DEPT OF LAND USE&CONSERVATION or PO Box! 635 CAPITOL STREET NE SUITE 150 City,State, SALEM OR 97301-2540 PS Form 3800.June 2002 See Reverse Tor Instructions 40,;--_(,,°.0..r r Department of Land Conservation and Development iir 'S i ,,, 1 V n 635 Capitl Strt Sit150 ilb anr,y-;,rSalem OR 97301-2540 ' D, dc¢e F}iuY,ng+3k;Ge�vrr (503)373-0050 �'r Fax(503)378-5518 ;{3 www.lcd.state.or.us a11 NOTICE OF ADOPTED AMENDMENT irrarrome 12/04/2012 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Plan Amendment Program Specialist SUBJECT: City of Tigard Plan Amendment DLCD File Number 001-12 The Department of Land Conservation and Development(DLCD)received the attached notice of adoption. Due to the size of amended material submitted,a complete copy has not been attached. A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local government office. Appeal Procedures* DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Thursday,December 20,2012 This amendment was submitted to DLCD for review prior to adoption pursuant to ORS 197.830(2)(b) only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals(LUBA). If you wish to appeal,you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA)no later than 21 days from the date the decision was mailed to you by the local government. If you have questions,check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA,(OAR Chapter 661,Division 10). Please call LUBA at 503-373-1265,if you have questions about appeal procedures. *NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local government.A decision may have been mailed to you on a different date than it was mailed to DLCD.As a result,your appeal deadline may be earlier than the above date specified. NO LUBA Notification to the jurisdiction of an appeal by the deadline,this Plan Amendment is acknowledged. Cc: Gary Pagenstecher,City of Tigard Gordon Howard,DLCD Urban Planning Specialist Anne Debbaut,DLCD Regional Representative <paa> YA f 0 DLCD DEPT ISIMPIIIIIPMe OF M Notice of Adoption LAND CONSERVATION phis 1 Orin 2 must be mailed to DLCD within 5-1%orkinn Days after the Final m AND DEVELOPMENT Ordinance is sinned by the public Official Designated by the jurisdiction and all other requirements of ORS 197.615 and OAR 660-018-000 Jurisdiction: City of Tigard Local file number: DCA2012-00001 Date of Adoption: November 27, 2012 Date Mailed: November 29, 2012 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? Yes E No Date: 8/23/12 E 1 Comprehensive Plan Text Amendment C Comprehensive Plan Map Amendment E Land Use Regulation Amendment E Zoning Map Amendment New Land Use Regulation ❑ Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". Amends Chapter 18.730.050.1)of the Community Development Code,adding the following adopted amendment: S. In the R-12 Zone, hay windows and projections with floor area may project into required interior side and street side yards by one foot provided they do not: a) exceed 12 feet in length, b) contain over 30%of the dwelling unit side elevation square footage,and c)the width of the interior side yard is not reduced to less than 3 feet. Does the Adoption differ from proposal? Yes, Please explain below: The changes to the proposed code amendment are indicated below in double underline (new language) and strikeout (deleted language) S. In the R-12 Zone, hay windows and pop-tints pro'• 'r with oor area ma' hro'ect into re aired interior side and street side yards by one foot provided they do not: a) exceed 12 feet in length,b)contain over 30%of the dwelling unit side elevation square footage, and c)the width of the approved interior side yard is not reduced to less than 3 feet. Plan Map Changed from: N/A to: N/A Zone Map Changed from: N/A to: N/A Location: N/A Acres Involved: N/A Specify Density: Previous: N/A New: N/A Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 XE n1- - n ^ - ZOCan - CC - C (! Was an Exception Adopted? C YES s4 NO Did DLCD receive a Notice of Proposed Amendment. DLCD File No. 001-12 (19468) [17251] 35-days prior to first evidentiary hearing? ® Yes I I No If no, do the statewide planning goals apply? ❑ Yes ( I No If no, did Emergency Circumstances require immediate adoption? ❑ Yes No DLCD file No. Please list all affected State or Federal Agencies, Local Governments or Special Districts: None Local Contact: Gary Pagenstecher Phone: (503) 718-2434 Extension: Address: 13125 SW Hall Boulevard Fax Number: 503-684-7297 City: Tigard Zip: 97223 E-mail Address: garyp@tigard-or.gov ADOPTION SUBMITTAL REQUIREMENTS This Form 2 must be received by DLCD no later than 5 days after the ordinance has been signed by the public official designated by the jurisdiction to sign the improved ordinances) per ORS 197.615 and OAR Chapter GtU. Division 18 1. This Form 2 must be submitted by local jurisdictions only(not by applicant). 2. When submitting,please print this Form 2 on light green paper if available; 3. Send this Form 2 and One(1)Complete Paper Copy and One(1)Electronic Digital CD(documents and maps)of the Adopted Amendment to the address in number 6: 4. Electronic Submittals: Form 2—Notice of Adoption will not be accepted via email or any electronic or digital format at this time. 5. The Adopted Materials must include the final decision signed by the official designated by the jurisdiction. The Final Decision must include approved signed ordinance(s),finding(s),exhibit(s),and any map(s). 6. DLCD Notice of Adoption must be submitted in One(1)Complete Paper Copy and One(1) Electronic Digital CD via United States Postal Service, Common Carrier or Hand Carried to the DLCD Salem Office and stamped with the incoming date stamp. (for submittal instructions, also see#5)]MAIL the PAPER COPY and Cl) of the Adopted Amendment to: ATTENTION:PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE,SUITE 150 SALEM,OREGON 97301-2540 7. Submittal of this Notice of Adoption must include the signed ordinance(s),finding(s),exhibit(s)and any other supplementary information(see ORS 197.615). 8. Deadline to appeals to LUBA is calculated twenty-one(21)days from the receipt(postmark date)of adoption (see ORS 197,830 to 197.$45). 120 DAYS= N/A DATE OF FILING: 11/28/2012 DATE MAILED: 11/29/2012 . CITY OF TIGARD Trt0 Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT (DCA)2012-00001 Case Name: PROJECTIONS INTO REOUIRED YARDS Applicant's Name/Address: Ryan O'Brien, 1862 NE Estate Drive.liillsboro.OR 97124 Owner's Names/Addresses: N/A Address of Property: Citywide.Properties Z.( flis.1 R-12 Map/Lat Nos: N/A A FINAL ORDER INCORPORATING THE I CIS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A DE,VEI,OPNIENT CODE A:\ .NDMENT(ORDINANCE NO. 12-08). THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, N. Lk.\ I I\Th., MA 1 ER1. LS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS l'OR THE APPLic ATION Dit:scAtIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE Pl. NNING COMMISSION HELD :1 PUBLIC HEARING TO RECEIVE-rEsTIMONY ON OCTOBER15.,2012 HI)R 1111'. Pt It POSE 01* 1 11:I N A RECOMMENDATION TO THE my COUNCIL. ON-ME ItEQUEST. THE CI 1.1 ( I ALS() Ill Ii) A PLBLIC HEARING TO RECEIVE TESTIMONY ON NOVEMBER 27, 2012 PRIOR TO MAKING A DL.CISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE I.ACTS, FINDINGS .AND (:( )N(:LESIONS CONTAINED WITHIN THIS FINAL ORDER. Subject: > The applicant is requesting an amendment to Chapter 18.730.050.D of the Community Development Code to allow, in the R-12 Zone, bay windows and projections with floor area to extend into required side yards by one foot provided they do not: a) exceed 12 feet in length, b) contain over 30%of the dwelling unit side elevation square footage, and c) the width of the approved side yard is not reduced to less than 3 feet. ZONE: R-12. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.730; 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. Action: > El Approval as Requested 0 Approval with Conditions Denial Notice: Notice was published in the newspaper,posted at City Hall and mailed to 1E] Affected Government Agencies tgi Interested Parties Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND IS EFFECTIVE ON DECEMBER 28,2012. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon. Appeal: A review of this decision may be obtained by Filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA)within 21 days according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. CITY OF TN;A RD,.OREGON • TIGARD CITY COUNCIL ORDINANCE NO 12-014 AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.730, TO ALLOW IN TI 1E R-12 ZONE, BAY WINDOWS AND PROJECHONS WITI1 FLOOR AREA TO EXTEND INTO REQUIRED YARDS WITH CERTAIN LIMITATIONS(DCA2012-00001), WHEREAS, the city received application for the proposed code amendment to amend the text of the Exceptions to Development Standards Chapter (1.8.730) of the City of Tigard Community Development.Code to allow in the R-12 zone,bay windows and proiections with floor area to extend into required yards with certain limitations;and WHEREAS, the purpose of Chapter 18.730 is to present exceptions to the height and setback standards which apply in various zoning districts as detailed in Chapters 18,510, 18.520 and 18.530, where flexible and/or more stringent setback standards are designed to allow for the maximum use of land and to allow for a varied building layout pattern while ensuring there will be adequate open space, light,air and distance between buildings to protect public health and safety;and WHEREAS,notice was provided to the Department of Land Conservation and Development at least 35 days prior to the first evidentiaty public hearing;and WHEREAS, notice of the public beatings was published in the Tigard Times Newspaper at least 10 business days prior to the public hearings;and WHEREAS, the Tigard Planning Commission held a public hearing on October 15, 2012 and recommended with a unanimous vote that Council approve the proposed code amendment, as amended;and WHEREAS, the Tigard City Council held a public hearing on November 27, 2012, to consider the proposed amendment;and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's.implementing ordinances;and WHEREAS, the City Council has found the following to be the applicable review criteria: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.730; 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;and WHEREAS, the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria,and unanimously approves the request as being in the best interest of the City of-Tigard. ORDINANCE No.12-(.2 " Page 1 I [ . . NOW,THEREFORE,THE CITY OP TIGARD ORDAINS AS FOLLOW& SECCION 1: The specific text amendment attached as "EXHIBIT A" to this Ordinance is hereby approved and adopted by the City Council. SEC11ON 2: The findings in the October 4, 2012 Staff Report to the Planning Commission and the Minutes of the October 15, 2012 Planning Commission hearing are hereby adopted in explanation of the Councirs decision. SECTION 3; This ordinance shall be effective 30 days after its passage by the Council, signature . by the Mayor,and posting by the City Recorder. PASSED: By Li flan)Tr) DIA S vote of all Couxil,members resent after being read by number and ride only, this c7 day of ,2012. Catherine Wheatley,City Recorder ' ,Th-7 tr, APPROVED: By Tigard City Council this (: lal y 0 ..1 de _, 0,-.. aig Dirksen,Mayor 4,...6. Approved as to fourri City Artorrtfy Date ORDINANCE No. 12-OK Page 2 L • AFFIDAVIT OF MAILING TIGARD I, Christine L. Wiley,being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard,Washington County,Oregon and that I served the following: [Ora Appopnate Box(s) ) 0 NOTICE OF FINAL ORDER BY THE CITY COUNCIL FOR: DEVELOPMENT CODE AMENDMENT (DCA) 2012-00001,PROJECTIONS INTO REQUIRED SIDE YARDS 0 AMENDED NOTICE ►�� CITY COUNCIL A copy of the said notice being hereto attached, marked Exhibit "A" (with atchs), and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof,on November 29.2012,and deposited in the United States Mail on November 29.2012 postage prepaid. (Person that I' aredNotice) STATE OF OREGON County of Washington ss. City of Tigard .. IIvv — s —.2. Subscribed and sworn/affirmed before me on the oZ`i day of N M fi , 2012. a! OFFICIAI.SEAL z-d SHIRLEY L TREAT l NOTARY PUBLIC•OREGON COMMISSION NO.459840 %1 MY COMMISSION EXPIRES JULY 08,2015 Qe J4040- NOTARY PUBLI OF OREGON My Commission Expires: it 40 I 1 S 120 DAYS = N/A DATE OF FILING: 11/28/2012 q DATE MAILED: 11/29/2012 CITY OF TIGARD TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT (DCA)2012-00001 Case Name: PROJECTIONS INTO REQUIRED YARDS Applicant's Name/Address: Ryan O'Brien.1862 NE Estate Drive.Hillsboro,OR 97124 Owner's Names/Addresses: N/A Address of Property: Citywide,Properties Zoned R-12 _ Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A DEVELOPMENT CODE AMENDMENT (ORDINANCE NO. 12-08). THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON OCTOBER 15, 2012 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE 'TESTIMONY ON NOVEMBER 27, 2012 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Subject: > The applicant is requesting an amendment to Chapter 18.730.050.D of the Community Development Code to allow, in the R-12 Zone, bay windows and projections with floor area to extend into required side yards by one foot provided they do not a) exceed 12 feet in length, b) contain over 30% of the dwelling unit side elevation square footage, and c) the width of the approved side yard is not reduced to less than 3 feet. ZONE: R-12. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.730; 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. Action: > ® Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: ® Affected Government Agencies ® Interested Parties Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND IS EFFECTIVE ON DECEMBER 28,2012. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) within 21 days according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. ATTN PLAN AMENDMENT SPECIALIST DEPT OF LAND USE & CONSERVATION 635 CAPITOL STREET NE SUITE 150 SALEM OR 97301-2540 RYAN O'BRIEN 1862 NE ESTATE DR HILLSBORO OR 97124 MARK DANE 13630 SW BUTNER RD BEAVERTON OR 97005 JOE KRUPA 12375 SW HALL BLVD TIGARD OR 97223 KATIE PATTERSON 2005 NW 119TH PORTLAND OR 97229 AFFIDAVIT OF MAILING TIGARD I, Christine Wiley, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative SpeciaCrstfor the City of Tigard, Washington County, Oregon and that I served the following: {Check Appropriate Boz(sl Below) © NOTICE OF PUBLIC NEARING FOR:. DCA 2012-00001 on October 15, 2012 (DLCD Notice of Proposed Amendment form), Land Use Regulation Amendment(s) ❑ AMENDED NOTICE (File No./Name Reference) HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ▪ Tigard Planning Commission October 15, 2012 ❑ Tigard City Council A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown below and by reference made a part hereof, on August 20,2012, and deposited in the United States Mail on August 20,2012, postage prepaid. ATTN: PLAN AMENDMENT SPECIALIST DEPT OF LAND CONSERVATION & DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OR 97301-2540 es.:3 (Persont Prepared Notice) STATE OAF OREGON ) County of Washington )ss. City of Tigard. ) i Subscribed and sworn/affirmed before me on the c 3 day of 1. ,tiS-I. , 20-1-17 ! OFRGAL SEAL ( SHIRLEY L TREAT NOTARY PURIM-OREOON `'"J COMMISSION NQ 459646 MY COMMISSION EXPIRES JULY 06,2015 NOT RY PUBLIC N My Commission Expires: 1(& ((� • AFFIDAVIT OF MAILING TIGARD I, Christine G. 'W'iley, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below} © NOTICE OF PUBLIC NEARING FOR:. DCA 2012-00001 Projections into Required Yards Code Amendment ❑ AMENDED NOTICE (File No /Name Reference) HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer Tigard Planning Commission October 24, 2012 ® Tigard City Council November 27, 2012 A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", and by reference made a part hereof, on September 25,2012, and deposited in the United States Mail on September 25,2012, postage prepaid. (Person,hatred Notice) STATE OAF otEGoN ) o County Washington )ss. City of Tigard ) Subscribed and sworn/affirmed before me on the c,1-,D day of 56/9lE/'Bgg.— , 2012. .•1 OFFICIAL SEAL -`- -1 t) •; _ SHIRLEY L TREAT O�QM�MISS NOt�688 OREGON f MY COMMISSION EXPIRES JULY 08,2015 i NOTARY PU LI OREGON My Commission Expires: 7/e00-( NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, • IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE IIELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, OCTOBER 15, 2012, AT 7:00 PM AND THE TIGARD CITY COUNCIL ON TUESDAY, NOVEMBER 27, 2012, AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2012-00001 FILE TITLE: PROJECTIONS INTO REQUIRED YARDS CODE AMENDMENT APPLICANT: Ryan O'Brien 1862 NE Estate Drive Hillsboro, OR 97124 REQUEST: Amend Chapter 18.730.050.D of the Community Development Code to allow, in the R-12 Zone, bay windows and pop outs with floor area to project into required side yards by one foot provided they do not: a) exceed 12 feet in length, b) contain over 30% of the dwelling unit side elevation square footage,and c) the width of the approved side yard is not reduced to less than 3 feet. LOCATION: Citywide. COMP PLAN DESIGNATION: Medium Density Residential. ZONES: R-12. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.730; 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 PUBLIC HEARINGS ON THIS MAI IER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. C' PUBLIC ORAL OR WRIrIEN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRIYIEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (254) PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT ASSOCIATE PLANNER GARY PAGENSTECHER AT 503-718-2434 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD,TIGARD, OREGON 97223) OR BY EMAIL TO garyp_tigard-or.gov. Easy Peel® Labels A MEM i Bend alone a to QAVERY®5961TM Use Avery®Template 5161® Paper 1••°"� expose Pop. lgeTM A DON & DOROTHY ERDT The following labels list interested persons who requested notice 13760 SW 121ST AVENUE re:ANY development ANYWHERE in Tigard, See Memo for File re TIGARD OR 97223 Interested Parties Update,August 2012. BARRY ALBERTSON VANESSA FOSTER 15445 SW 150TH AVE 13085 SW HOWARD DR TIGARD OR 97224 TIGARD OR 97223 SUSAN BEILKE 11755 SW 114TH PLACE TIGARD OR 97223 ELLEN BEILSTEIN BEVERLY FROUDE 14630 SW 139TH AVE 12200 SW BULL MOUNTAIN ROAD TIGARD OR 97224 TIGARD OR 97224 HEIDI BRENNEMAN NAOMI GALLUCCI 11680 SW TIGARD DRIVE 11285 SW 78TH AVENUE TIGARD OR 97223 TIGARD OR 97223 GRETCHEN BUEHNER CPO 4B 13249 SW 136TH PLACE 16200 SW PACIFIC HWY, STE H242 TIGARD OR 97224 TIGARD OR 97224 REX CAFFALL KEVIN HOGAN 13205 SW VILLAGE GLENN 143357 SW 133RD AVENUE TIGARD OR 97223 TIGARD OR 97224 LORA GARLAND, CITY RECORDS HAROLD AND RUTH HOWLAND CITY OF TIGARD 13145 SW BENISH 13125 SW HALL BLVD TIGARD OR 97223 TIGARD OR 97223 PATRICIA KEERINS NOTE:*Don't mail the City of Tigard label 12195 SW 121ST AVE if there is already a label for City of Tigard TIGARD OR 97223 printed from the GIS labels list. 'CURPLN/SetUp/Labels/CIT Citywide Last Update:08 21 2012 Etiquettes faciles a peler • Repliez a la hachure afin de www.avery.com ri.vmer 10 rohnrd Pnn-unTM 1-Ann- n-Avc v Easy Peel® Labels A MEN I Bend alonr- ':1e to C\AVERY05961 TM Use Avery®Template 5161® 1 Paper �' expose Por igeTM j ALEXANDER CRAGHEAD 12205 SW HALL BOULEVARD TIGARD OR 97223-6210 GENE MILDREN BRAD SPRING MILDREN DESIGN GROUP 7555 SW SPRUCE STREET 7650 SW BEVELAND ST, STE 120 TIGARD OR 97223 TIGARD OR 97223 NATHAN AND ANN MURDOCK CHARLIE AND LARIE STALZER 7415 SW SPRUCE STREET 14781 SW JULIET TERRACE TIGARD OR 97223 TIGARD OR 97224 PATTY NEWTH ROSS SUNDBERG 12180 SW MERESTONE COURT 16382 SW 104TH AVE TIGARD OR 97223 TIGARD OR 97224 TODD HARDING & BLAKE HERING JR. JOSH THOMAS NORRIS BEGGS&SIMPSON 10372 SW BONANZA WAY 121 SW MORRISON, SUITE 200 TIGARD OR 97224 PORTLAND OR 97204 SHANNEN WILLIAMS RAPPOLD DAVID WALSH MARKETING/BUSINESS DEV MGR 10236 SW STUART COURT PERLO CONSTRUCTION TIGARD OR 97223 7190 SW SANDBURG ST PORTLAND OR 97223 BRIAN WEGENER SUE RORMAN 9830 SW KIMBERLY DRIVE 11250 SW 82ND AVE TIGARD OR 97224 TIGARD OR 97223 Following Label was added from the CENTRAL Tigard CPO 4B HOLLY SHUMWAY notification list: ■Illy 14535 SW WOODHUE ST TIGARD OR 97224 p'BRIEN - 1862 NE ES A RYAN gD 24 R E APPLICANT HILLSBORO /CURPLN/SetUp/Labels/CIT Citywide Last Update:08 21 2012 Repliez a la hachure afin de www.avery.com Etiquettes faciles a peter rY ..,�.,..f� �,�.Cl ce.,�de.►.e..,e..,on+ rpvpler le. rehnrd POD-UDTM 1_RfO_r CI-AVFRV APPLICANT MATERIALS a rtECEIVED . City of Tigard AUG 0 8 2012 • CITY OF TIGARD Land Use Permit Applicationp,ANNimar : TIGARD 'i,.:1K a.4,r vhRi,iS'._"G.^sEfL _•a W!...rya - •;er.yfsfi+,friY'[:°-::�+V -. _._ ._. .. __ - _ _ File# Other Case# Date By Receipt# Fee Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance(II) ❑Historic Overlay(II or III) ❑Site Development Review(II) ❑Comprehensive Plan Amendment(IV) ❑Home Occupation(II) ❑Subdivision(II or III) ❑ Conditional Use(III) ❑Minor Land Partition(II) ❑Zone Change(III) )iii/Development Code Amendment(IV) ❑Planned Development(III) ❑ Zone Change Annexation(IV) ❑Downtown Design Review(II,III) ❑Sensitive Lands Review(II or III) NOTE: FOR REQUIRED SUBMITTAL ELEMENTS,PLEASE REFER TO YOUR PRE-APPLICATION CONFERENCE NOTES LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) TAX MAPS&TAX LOT NOS. 114/A TOTAL SITE SIZE ZONING CLASSIFICATION APPLICANT* MAILING ADDRESS/CITY/STATE/ZIP ( 6 2- N(- 5 T r i-e r e_ t12-A z; l LL ORo/012 q y ( PHONE NO. FAX NO. G-0 y&o - 4-061 PRIMARY CONTACT PERSON PHONE NO. E-MAIL PROPERTY OWNER/DEED HOLDER(Attach list if more than one) aa 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) — -- AD P 5 C-7<d N /8. 93 0 : ©S ©, P S T,F-+- rrt ©pr & Co DE --t-c) A-6L-o W (.1c f oc 8� cL ( NDowScfl POP co 4Ts Td ( K � �� FAR fA 1 Tt-t-- 3 Four- E(P E_ 6 v City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-718-2421 I www.tigard-or.srov I Page 1 of I THE APPLICANT SHALL CERTIFY THAT: • If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith,are true; and the applicants so acknowledge that any permit issued, based on this application,map be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's ignature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date City of Tigard I 13125 SW Hall Blvd..Tigard.OR 97223 I 503-718-2421 I www.tinard-or.pnv I Page 2 nf2 • City of Tigard TIGARD Land Use Permit Application 4i1t$::LIS.,16,11-• ,3 L. - .._.nom. t.: .::^1-_.::.]S:$t `s" .: ..nW.._ .._... _. APPLICATIONS WILL NOT BE ACCEPTED IN PARTIAL SUBMITTALS. ALL ITEMS MUST BE SUBMITTED AT ONE TIME. ➢ This form is required to complete your submittal. The applicant must check the box next to the item verifying that the information is present. Staff will check off the items at intake. ➢ Three (3) copies of all materials are required for the initial review process. The balance of the copies will be requested once your submittal is deemed substantially complete. D. Each packet must be collated. ➢ Plans are required to be a minimum of 24"x 36" or 22"x 34". ➢ Plans must be FOLDED, rolled plans are not accepted. Applicant Staff Documents, Copies and Fees Required h Completed Master"Land Use Permit"Application with property owner's signature or name of agent and letter of authorization WA- Title transfer instrument or grant deed 7( Written summary of proposal Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) ��`` Documentary evidence of Neighborhood Meeting: Neighborhood Meeting Affidavits of 14/4 Posting&Mailing Notice,Minutes,Sign-in Sheets t Service Provider Letter t Impact Study per Section 18.390.040.B.2(e) Copy of the Pre-Application Conference notes Filing Fee (see fee schedule) N/A Preliminary Sight Distance Certification t Preliminary Storm Calculations tl Arborist Report Traffic Report(if Required) }C Maps or Plans (Plans must be at least 24"x 36") "C Architectural Drawings (elevations & floor plans) N/A- Existing Conditions Map t Landscape Plan ( Preliminary Grading/Erosion Control Plan Preliminary Partition/Lot Line Adjustment Plan l( Preliminary Storm Drainage Plan Preliminary Utilities Plan .4 Public Improvements/Streets Plan I Site Development Plan Subdivision Preliminary Plat Map Lc Topography Map £t Tree Preservation/Mitigation Plan Vicinity Map ➢ Once your application has been deemed substantially complete you will be notified by the Planning Division in the form of a completeness letter indicating that you will need to provide the following: Two (2) sets of stamped, addressed#10 envelopes for all owners of property within 500 feet of the subject property (the 2 sets must remain separated for the purpose of 2 mailings). Mailing envelopes shall be standard legal-size (#10), addressed with 1"X 4"labels (please see envelope submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee (please see request for 500'property owner mailing list form). I:\CURPLN\Masters\Submittal Requirements Check List.doc (updated:21-january-10) A • PRE-APPLICATION NOTES City of Tigard April 17. 2012 STAFF PRESENT: Gary Pagenstecher APPLICANT: Ryan O'Brien PROPERTY LOCATION:NA TAX MAP/ LOT#: NA PROPOSAL DESCRIPTION: To amend the development code text in Chapter 18.730, Exceptions to Development Standards, to allow additional projections into required yards under 18.730.050.D. The proposed text change would be as follows: "5. In the R-12 zone, prop outs and bay windows with living area may project into side yards by one foot provided the pop outs or bay windows do not exceed 12 feet in length or contain over 30% of that dwelling unit's side elevation square footage and provided the width of such side yard is not reduced to less than 3 feet." COMP PLAN DESIGNATION: Medium Density Residential ZONING:R-12 NEIGHBORHOOD MEETING A neighborhood meeting is not required for a CDC text change. NARRATIVE Include a narrative that responds to the applicable review criteria. The narrative must contain the text of the applicable review criteria, findings of fact relative to each criterion, and a conclusion as to whether the criterion has been met. APPLICABLE REVIEW CRITERIA: Zoning Map and Text Amendments 18.380.020 A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure,as governed by Section 18.390.060G. Type IV Decision Making Procedure 18.390.060 Based on the information provided, the text amendment request will be a Type IV Process, with a public hearing before the Planning Commission. The Planning Commission makes a recommendation to City Council to either approve the request as proposed, modify the request, or deny the request. A subsequent hearing (or hearings) is then held by the City Council for a decision. 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; [Goals 1, Public Involvement; Goal 2, Land Use Planning; Goal 9, Economic Development; Goal 10,Housing] 2. Any federal or state statutes or regulations found applicable; 3. Any applicable METRO regulations; 4. Any applicable comprehensive plan policies; [Goal: 1, Public Involvement; Goal 2, Land Use Planning; Goal 9.1, Policy 3, Economic Development; Goals 10.1 and 10.2 Housing]; and 5. Any applicable provisions of the city's implementing ordinances [1'DC 18.380, Zoning Map and Text Amendments; 18.390, Decision Making Procedures; 18.510, Residential Zoning Districts;and 18.730, Exceptions to Development Standards]. Application Fees for Zoning Text Amendment (Legislative): $3,787 Decision timeline is approximately 3 months from receipt of a complete application. The 120- day rule is not applicable to legislative changes. PREPARED BY: A Gary Pagenstech.r Associate Planner Planning & Land Design LLC Cell: 503-780-4061 1862 NE Estate Drive Office: 503-846-1095 Hillsboro, Oregon 97124 Email: ryanobrienl @frontier.com TO: City of Tigard FROM: Ryan O'Brien, Planning Consultant DATE: 8-1-12 SUBJECT: Amendment to the Tigard Community Development Code We request an amendment to Section 18.730.050 (Miscellaneous Requirements and Exceptions) to the Tigard Development Code by adding Section 18.730.050.D.5 to allow one foot bay windows and pop outs with living floor area in the side yard, but not less than 3 feet from the side property line. This code addition would only apply to land zoned R-12. If the approved interior side yard is 5 feet, then the bay windows or pop outs would have a 4 foot setback. If the approved interior side yards are 4 feet, the bay windows and pop outs would have a 3 foot setback. Pop outs and bay windows would also be allowed along exterior side yards and street side yards. The existing Tigard code Section18.730.050 with the proposed Section to be added is attached as Exhibit The added Section 18.730.050.D.5 would read In the R-12 zone, pop outs and bay windows with living area may project into side yards by one foot provided the pop outs or bay windows do not exceed 12 feet in length or contain over 30% of the dwelling unit side elevation square footage and provided the width of the approved side yard is not reduced to less than 3 feet. The houses in the Solera Subdivision north of Greenburg Road, on the east side of 96th Avenue, were developed with one foot pop outs and bay windows which increases the architectural character of the houses and created better interior floor plans. Pop outs and bay windows are necessary for upstair bathrooms, down stair dining rooms and side elevations of the corner lots to create more attractive elevations and because of the limited width of a 25 foot lot. This amendment is limited to the R-12 zone only b in order to encourage in-fill housing. Many future lots in the in the R-12 zone may be 25 feet in width which is the minimum frontage requirement in the R-12 zone. If a 4 foot side yard is proposed with a subdivision, then the pop outs could be 3 feet from the side property line at the interior and 9 feet from the side property line for corner lots. An existing lot in the R-12 zone would have 4 foot setbacks for pop outs without requesting 4 foot interior side yards. The setback of pop outs on a corner lots would be 9 feet. These options are a great advantage for in-fill housing. 1 Many of the older lots in the City of Portland are zoned R-2 with dimensions of 25 by 100 feet. In order to provide architectural variety and to increase the living area of the units, the City of Portland allows pop outs and bay windows on 30% of the square footage of the side elevations. Portland also allows 3 foot interior side yards when lots are created by a subdivision or partition. These code requirements have been very effective. Pop outs are allowed to project one foot into the side yards, including the street side yards. This allows architectural variety and eliminates the long blank walls along corner lots. It also creates architectural variety for interior side elevations and more interesting interior house floor plans. The Washington County code allows 8 street side yards and 3 foot interior side yards in the R-15 zone. The building code is used for the interior side yards. This proposed amendment to the Tigard Development Code will increase infill on land zoned R-12 zone and allow construction of more efficient detached houses. Home builders want to develop infill lots and home owners prefer to buy narrow detached houses compared to attached houses. As mentioned above, these codes have been very successful in the City of Portland and Washington County which has produced a significant amount of affordable and attractive housing units. This proposed addition to the City of Tigard code will create better housing opportunities and encourage in-fill housing construction on vacant R-12 zoned land. Exhibits attached to this application are as follows: "A" - Existing code and the proposed addition to Section 18.730.050 for the City of Tigard Devolonment Code "B" - Elevations and site plans for 2 story houses with bay windows and pop outs on 24 to 25 foot wide lots without garages in a 5 lot subdivision located on a street corner in the City of Portland "C" - Elevations, floor plans and a site plan for a 3 story house with 2 master bedrooms, bay widows and pop outs on a 25 foot wide lot in the City of Portland. "D" - Photos of houses shown by Exhibit "C" "E" - Elevations, floor plans and a site plan for a 3 story house with 3 bedrooms, bay widows and pop outs on a 25 foot wide lot in the Solera Subdivision located in the City of Tigard on north of SW Greenberg Road and east of SW 96th Avenue. "F" - Photos of houses shown by Exhibit "E" "G" - City of Hillsboro Guidelines for projections into required yards "H" - City of Tigard buildable lands inventory for R-12 zoning 2 APPLICABLE REQUIREMENTS TIGARD DEVELOPMENT CODE Chapter 18.380 - ZONING MAP AND TEXT AMENDMENTS Sections: 18.380.010 Purpose 18.380.020 Legislative Amendments to this Title and Map 18.380.030 Quasi-Judicial Amendments and Procedures to this Title and Map 18.380.040 Record of Amendments Chapter 18.390 - DECISION MAKING PROCEDURES Sections: 18.390.010 Purpose 18.390.020 Description of Decision-Making Procedures 18.390.060 Type IV Procedure 18.390.070 Special Procedures 18.390.080 General Provisions 18.390.010 Purpose Chapter 18.510 - RESIDENTIAL ZONING DISTRICTS Sections: 18.510.010 Purpose 18.510.020 List of Zoning Districts 18.510.030 Uses 18.510.040 Minimum and Maximum Densities 18.510.050 Development Standards 18.510.060 Accessory Structures 18.510.010 Purpose Chapter 18.730 - EXCEPTIONS TO DEVELOPMENT STANDARDS Sections: 18.730.010 Purpose 18.730.020 Exceptions to Building Height Limitations 18.730.030 Zero Lot Line Setback Standards 18.730.040 Additional Setback Requirements 18.730.050 Miscellaneous Requirements and Exceptions 18.730.010 Purpose TIGARD COMPREHENSIVE PLAN GOAL 1 - CITIZEN INVOLVEMENT GOAL 2 - LAND USE PLANNING GOAL 9 - ECONOMIC DEVELOPMENT GOAL 10 - HOUSING METRO TITLE 7: HOUSING CHOICE LCDC GOALS GOAL 1 - CITIZEN INVOLVEMENT GOAL 2 - LAND USE PLANNING GOAL 9 - ECONOMIC DEVELOPMENT GOAL 10 - HOUSING 3 TIGARD DEVELOPMENT CODE 18.380.010 Purpose A. Purpose. The purpose of this chapter is to set forth the standards and process governing legislative and quasi-judicial amendments to this title and the zoning district map. These will be referred to as zoning map and text amendments. It is recognized that such amendments may be necessary from time to time to reflect changing community conditions, needs and desires; to correct mistakes; and/or to address changes in the law. 18.380.020 Legislative Amendments to this Title and Map A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. COMMENT: This application will be processed as a Type IV amendment. Chapter 18.390 DECISION-MAKING PROCEDURES Sections: 18.390.010 Purpose A. Purpose. The purpose of this chapter is to establish a series of standard decision- making procedures that will enable the City, the applicant, and all interested parties to reasonably review applications and participate in the local decision-making process in a timely and effective way. Each permit or action set forth in Chapters 18.320 - 18.385 have been assigned a specific procedure type. COMMENT: Public hearing will occur at the Planning Commission and the City Council to allow all interested parties to participate in the decision making process. 18.390.020 Description of Decision-Making Procedures A. General. All development permit applications shall be decided by using one of the following procedure types. B. Types defined. There are four types of decision-making procedures, as follows: 4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. COMMENT: Since this is a proposed amendment to the Tigard development code, it will be processed as a Type IV application even though it is proposed by an individual and not Tigard staff, the Planning Commission or the City Council. 4 18.390.060 Type IV Procedure A. Pre-Application conference. A pre-application conference is required for all Type IV actions. The requirements and procedures for a preapplication conference are described in Section 18.390.080.C. COMMENT: A pre-application was conducted by the City staff and the notes are attached. B. Timing of requests. The Director shall receive proposed Type IV actions twice yearly. A completed application shall be submitted not more than 75 days and not less than 45 days before the first commission meeting in April and October. The Director may waive any of the above periods. COMMENT: The Director has waived this 6 month limitation because it only involves one specific issue with an addition to the code for the R-12 zone. C. Application requirements. 1. Application forms. Type IV applications shall be made on forms provided by the Director as provided by Section 18.390.080.E.1. 2. Submittal information. The application shall: a. Contain the information requested on the form; b. Address the appropriate criteria in sufficient detail for review and action; c. Be accompanied by the required fee; and d. Be accompanied by 18 copies of the narrative. COMMENT: All of the above information has been provided with this application. D. Notice of hearing. 1. Required hearings. Two hearings, one before the Commission and one before the Council, are required for all Type IV actions, except annexations where only a hearing by the City Council is required. 2. Notification requirements. Notice of the public hearings for the request shall be given by the Director in the following manner: a. At least 10 days prior to the scheduled hearing date, notice shall be sent to: (1) The applicant; 5 (2) Any affected governmental agency; (3) Any City-recognized neighborhood group whose boundaries include the site; and (4) Any person who requests notice in writing and pays a fee established by Council resolution. b. At least 10 business days prior to the scheduled public hearing date, notice shall be given in a newspaper of general circulation in the City. c. The Director shall: (1) For each mailing of notice, cause an affidavit of mailing to be filed and made a part of the record as provided by Subsection D.2.a; and (2) For each published notice, cause an affidavit of publication to be filed and made part of the record as provided by Subsection D.2.b. 3. Content of notice. The notice given to persons entitled to mailed or published notice pursuant to this section shall include the following information: a. The number and title of the file containing the application and the address and telephone number of the Director's office where additional information can be obtained; b. A description of the location of the proposal reasonably calculated to give notice as to the location of the affected geographic area; c. A description of the substance of the proposal in sufficient detail for people to determine that a change is contemplated and the place where all relevant materials and information may be obtained or reviewed; d. The time(s), place(s), and date(s) of the public hearing(s); a statement that public oral or written testimony is invited; and a statement that the hearing will be held under this title 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; COMMENT: The required hearings will be schedule and the notices prepare and mailed in accordance with the above requirements. 6 G. Decision-making considerations. 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 COMMENT: All of these code are addressed with this application Chapter 18.510 - RESIDENTIAL ZONING DISTRICTS Sections: 18.510.010 Purpose A. Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible nonresidential development—schools, churches, parks and recreation facilities day care centers, neighborhood commercial uses and other services—at appropriate locations and at an appropriate scale. B. Encourage construction of affordable housing. Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged. This can be accomplished by providing residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. COMMENT: This addition to the code will have a positive effect on existing neighborhoods. It will help provide affordable housing and more usable living area for narrow houses on 25 foot wide lots, the minimum street frontage requirement for lots in the R-12 Zone. More creative and attractive housing will be developed in the R-12 Zone and this addition to the code will encourage single family detached, owner occupied housing. The limited impact from reduced setbacks will be significantly less compared to development of attached housing in neighborhoods where only single family detached houses exist. The attached Exhibit "G" are the design guideline for the city of Hillsboro which allows 4 foot projections of bay windows and alcoves into all yards up to 25% of the length of the wall, but the yard cannot be less than 3 feet. TABLE 18.510.2 - (Cont'd.) DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES R-12 STANDARD MF DU* SF DU** Minimum Lot Size -Detached unit 3,050 sq.ft.per unit 3,050 sq.ft. per unit -Attached unit -Duplexes -Boarding,lodging,rooming house Average Lot Width None None Minimum Setbacks -Front yard 20 ft. 15 ft. - Side facing street on corner&through lots 20 ft. 10 ft. - Side yard 10 ft. 5 ft. [1] -Rear yard 20 ft. 15 ft. - Side or rear yard abutting more restrictive zoning district 30 ft. 30 ft. -Distance between property line and garage entrance 20 ft. 20 ft. Maximum Height 35 ft. 35 ft. Maximum Lot Coverage [2] 80% 80% Minimum Landscape Requirement 20°, 20% [1]Except this shall not apply to attached units on the lot line on which the units are attached. [2] Lot coverage includes all buildings and impervious surfaces. * Multiple-family dwelling unit ** Single-family dwelling unit 18.510.020.F. R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. COMMENT: As indicated by Table 18.510.2 above, the one foot pop outs and bay windows will benefit both single family attached and detached housing. The side yard is 10 feet for attached housing and 5 feet for detached housing in the R-12 zone. Section 18.510.020.F indicates the R-12 zone is intended to provide a full range of housing types which implies flexibility in design and appearance. The architectural and livability benefits for the house owner of lots in the R-12 zone are described on pages 1 and 2 of this report. 8 Chapter 18.730 - EXCEPTIONS TO DEVELOPMENT STANDARDS Section: 18.730.010 Purpose A. Purpose. The purpose of this chapter is to present exceptions to the height and setback standards which apply in various zoning districts as detailed in Chapters 18.510, 18.520 and 18.530. Flexible and/or more stringent setback standards are designed to allow for the maximum use of land and to allow for a varied building layout pattern while ensuring there will be adequate open space, light, air and distance between buildings to protect public health and safety. COMMENT: The city provides for exceptions to allow 4 foot interior side yards in the R-12 zone. The code amendment will allow the pop outs and bay windows on both interior and exterior side yards. This will greatly help house construction and provide architectural variety which will benefit both the owners of the house to be constructed and the neighborhood. TIGARD COMPREHENSIVE PLAN GOAL 1 - CITIZEN INVOLVEMENT "To develop a citizen involvement program that ensures the opportunity for citizens to be involved in all phases of the planning process." Goal 1 requires the local citizen involvement program `clearly define procedures by which the general public will be involved in the ongoing land-use process." These actions include methods to involve citizens in land use issues; promoting successful two-way communication and feedback between the City and its citizens; means by which citizens may affect outcomes; clarity and availability of technical information; and financial support and other resources for citizen involvement efforts. All of these actions align with the community's vision where citizens are informed about how to access public services and understand their responsibility to participate as members of the community. GOAL 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. COMMENT: This will occur with the public hearing process. GOAL 2 - LAND USE PLANNING "To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions." 9 Policy 6. The City shall promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community's social and fiscal stability. Policy 12. The City shall provide a wide range of tools, such as planned development, design standards, and conservation easements that encourage results such as: A. High quality and innovative design and construction; B. Land use compatibility; C. Protection of natural resources; D. Preservation of open space; and E. Regulatory flexibility necessary for projects to adapt to site conditions Policy 24. The City shall establish design standards to promote quality urban development and to enhance the community's value, livability, and attractiveness. COMMENT: The public hearing and Tigard staff review of this code addition will comply with Goal 2. In accordance with Policy 6, this code addition will encourage more owner occupied and attractive single family detached housing with higher economic values compared to the current code. Higher values and additional in-fill housing will help pay for city services. Small scale in-fill housing will generally be developed on improved streets with existing utilities. This code addition also provides regulatory flexibility as indicted in Sub-Section "E" above. GOAL 9 - ECONOMIC DEVELOPMENT "To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens." 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. COMMENT: This code amendment provides flexibility in accordance with the above Policy 3. The benefit to the Tigard economic vitality has already been explained in this report. 10 GOAL 10 - HOUSING "To provide for the housing needs of citizens of the state." Some of the factors that local governments can influence are the supply of available residential land; the availability of public services; development regulations (density and design), and support for low and moderate income housing. In the Portland metropolitan region, only land included in the Metro Urban Growth Boundary (UGB), an invisible line that separates rural areas from suburban, can be developed at residential densities requiring urban services. At the local level, each state and regional jurisdiction must inventory its buildable land, which is defined as vacant and re-developable land suitable for residential use, to determine housing capacity. Tigard maintains a buildable lands inventory (BLI) that tracks available residential land. Two state and Metro requirements help determine housing capacities on buildable land within the Portland Metropolitan Area — the state Metropolitan Housing Rule and Title 1 of Metro's Urban Growth Management Functional Plan (Functional Plan). Both focus on increasing jurisdictions' housing capacity in order to use land within the UGB efficiently. COMMENT: This code amendment will help provide more housing opportunities in the City of Tigard and increase the supply of land for development of R-12 zoned property by providing more flexible housing design and low and moderate income housing opportunities. The supply of buildable land in the Metro UGB is limited and every city should attempt to maximize land already included in the UGB and especially in-fill property where public infrastructure already exist, such as roads, utilities, schools and parks. Exhibit "H" is a map showing the Tigard Buildable Lands Inventory date 1-1-12. The R- 12 zoned Land is highlighted in red. A total of 58 lots and 38.57 acres are identified as buildable. However, additional land will be available from small partitions, removal of older houses on larger lots combinations of lots which are not identified on this map. With this code change, additional buildable land will become available for infill development. GOAL 10.1: Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Policies: 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. 2. The City's land use program shall be consistent with applicable state and federal laws. 11 3. The City shall support housing affordability, special-needs housing, ownership opportunities, and housing rehabilitation through programs administered by the state, Washington County, nonprofit agencies, and Metro. 4. The City shall adopt and maintain land use regulations that provide opportunities to develop housing for persons with special needs. The scale, design, intensity, and operation of these housing types shall be compatible with other land uses and located in proximity to supporting community services and activities. RECOMMENDED ACTION MEASURES: i. Update the City's Buildable Land Inventory regularly to monitor the rate of development and the availability of residential land. ii. Monitor regional and local housing trends and periodically review and update the City's land use policies and regulations accordingly to provide the range of housing development opportunities needed by Tigard's residents. COMMENT: This code addition will provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents as already mentioned in this report. The attached Exhibits "B", "C" and "D" are floor plans, site plans, building elevations and photos of actual projects already built in the City of Portland. These plans and photos show significant architectural variety. This type of house design has been used extensively in the City of Portland and it has been very successful. The lots are 24 to 25 feet in width anti generally 1 nn feet in depth_ Jl.1 Vl+e JJt V1. � Ilv lots ui�. �` •• • ^••� Because of the architectural variety, the house values have increased and the sales rate is much higher compared to other areas in the Portland metropolitan area. Exhibits "E" and "F" are floor plans, building elevation and photos of houses in the Solera Subdivision located in the City of Tigard on the north side of Greenburg Road on the east side of 96th Avenue. This project has been very successful and the home owners are very happy with the interior floor plans and the exterior elevations. GOAL10.2: Maintain a high level of residential livability Policy 5. The City shall encourage housing that supports sustainable development patterns by promoting the efficient use of land. COMMENTS: This code addition will promote more efficient use of land in the R-12 zone and maintain a high level of residential livability. The interior floor plans and the exterior elevations of the houses will be better as demonstrated by Exhibits "B" to "F". In fact, the city should probably promote this type of house design. This code addition will make it much easier for home builders to have certainty with their house plans rather than requesting setback adjustments for every project. Home builders really appreciate certainty and clear development standards. 12 RECOMMENDED MEASURES: i. Encourage future housing development on designated buildable lands in areas where public facilities and services can be most readily provided. ii. Develop infill design standards to ensure that new housing constructed within existing residential neighborhoods complements and is compatible with existing development . COMMENT: This code addition will promote more in-fill housing incompliance with the above Recommended Measures. One foot pop outs and bay windows will provide more compatibility with existing housing in the area and help offset the interior and exterior appearance of narrow houses 15 feet in width. METRO CODES METRO TITLE 7: HOUSING CHOICE 3.07.710 Intent The Regional Framework Plan calls for establishment of voluntary affordable housing production goals to be adopted by local governments and assistance from local governments on reports on progress towards increasing the supply of affordable housing. It is the intent of Title 7 to implement these policies of the Regional Framework Plan. COMMENT: Affordable housing will be encouraged with this code addition and help increase the supply of affordable and attractive housing. LCDC GOALS GOAL 1: CITIZEN INVOLVEMENT OAR 660-015-0000(1) To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. GOAL 2: LAND USE PLANNING OAR 660-015-0000(2) PART I -- PLANNING To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. 13 GOAL 9: ECONOMIC DEVELOPMENT OAR 660-015-0000(9) To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. GOAL 10: HOUSING OAR 660-015-0000(10) To provide for the housing needs of citizens of the state. COMMENT: All of these goals were addressed with the Goals and Policies of the City of Tigard Comprehensive Plan. 14 • CITY of TIGARD DEVELOPMENT CODE 18.730.050 Miscellaneous Requirements and Exceptions A. When abutting- properties have non-conforming front setbacks. If there are dwellings on both abutting lots with front yard depths less than the required depth for the zone, the depth of the front yard for the intervening lot need not exceed the average depth of the front yards of the abutting lots. B. When one abutting property has a nonconforming. front setback. If there is a dwelling on one abutting lot with a front yard of less depth than the required depth for the zone,the front yard for the lot need not exceed a depth one-half way between the depth of the abutting lot and the required front yard depth. C. Storage in front yard. Boats, trailers, campers, camper bodies, house trailers, recreation vehicles or commercial vehicles in excess of 3/4 ton capacity may be stored in a required front yard in a residential zone subject to the following: 1. No such unit shall be parked in a visual clearance area of a corner lot or in the visual clearance area of a driveway which would obstruct vision from an adjacent driveway or street; 2. No such unit shall be used for dwelling purposes except that one camper, house trailer or recreational vehicle may be used for sleeping purposes only by friends, relatives or visitors on land entirely owned by or leased to the host person for a period not to exceed 14 days in one calendar year, provided that such unit shall not be connected to any utility, other than temporary electricity hookups and provided that the host person shall receive no compensation for such occupancy or use; 3. Any such unit parked in the front yard shall have current state license plates or registration and must be kept in mobile condition. D. Projections into required yards. 1. Cornices, eaves, belt courses, sills, canopies or similar architectural features may extend or project into a required yard not more than 36 inches provided the width of such yard is not reduced to less than three feet. 2. Fireplace chimneys may project into a required front, side or rear yard not more than three feet provided the width of such yard is not reduced to less than three feet. 3. Open porches, decks or balconies not more than 36 inches in height and not covered by a roof or canopy, may extend or project into a required rear or side yard provided such natural yard area is not reduced to less than three feet and the deck is screened from abutting properties. Porches may extend into a required front yard not more than 36 inches. 4. Unroofed landings and stairs may project into required front or rear yards only. 5. Add this sub-section. In the R-12 zone, pop outs and bay windows with living area may project into side yards by one foot provided the pop outs or bay windows do not exceed 12 feet in length or contain over 30% of the dwelling unit side elevation square footage and provided the width of the approved side yard is not reduced to less than 3 feet. EXHIBIT "A" • . ' .., ... CO I • .0-N t .0-AZI .0-.18 t I- All ".ci5 -,,e-- Or-:.' 1 i 7 ..-• -• ." ' X 4, .0-21 '[.. - -- - --' .. . ... f 111111111111111 1.1 j ) ) 1 a.........--im• umm21 !pl. • , .,..:11mmilu _,,,.; - imill -"_'-_,_ '. 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RI .. ....,.... _. ... .._ . ._._ ... ,.14 • r . , . 1• ' 0.01, 1111.111.1116.r.•- ■: . / X MN • 111 ' // -'• 1 , t , Iii: ••• MR. ,, .1 i /. _..• 41 li 0...••.16:,..., 11.P.--1_..------''' 7' / , / i. 11 '1 I , • • ... , .,/ . .. , ___,------,, i : , . . .. • ..... . „ .. .. . . ,.. .... . .. . . 7'G-dr ' i •11 .... • ... __---•••"--.-- 4110111111ft ' '11.111.1 . 11111°. ... . ,_ . . ' .,..-,iv, --...-'- .:7''.4. •_ ,..,,•- - iv• . ... 4-1.. „.. , ' l''' 0"." .'"1. ' • NM I. N.. I I • ILIIiI I I i I SI ' . •Ii..4 ' 0 I 1 1 1.1•11 I 111 .. • r 1111;b-. •""• .......". i I . .••=-' . , • ; ..........._ . ! ii.. .. • ' ',A. , - .,... ime,f, • in,..9 ... - '4 7,, i" . , 47t.....,-'ti.- ...:,,, ...r. • - - 'Ifikal'' - ._ . , ' -' ' . -f7, - - ' 'im■ .. X- - ' 'I ' I. '• !" u .:. ■ f' Airie.-1 • A o , ... ' . I "WAWA litill.1 ■ , -1. .., .. ... , ....,...... 4±.,T ...... ....ow ..... AIIIIII H/ osomiornismminiiiiiik''.. ...""*". _.,....V.. ,,,.._,,, ;. . ,0. _1: , r . SNIP ... • _......-# _ • J t.T 0. T ._ "Zig a II 14' s f .wi ki - ■ ' \\ ik‘o r• 4 : Y y} 'CA •MFIV 4 , ..,may . 4 11.i . a .:aiatiati . tt t " 'tip 1 • ••.- t�r r + 1. $ Ill i _ ___ EMI 1 ti 1 / Ii'i / i 'f lir i 111111i1 i • 4/30/201 • • 10.0' 1t b 24 AI MIN.38'HIGH RLBIG WHEN 1 IEI 4'-0'H- ■ IGRADE EXCEEDS 30'BELOW 8 DECK SURFACE DECK 1570:IMO w t 1 § b / 1T-0' I / 18'-0' 1'-0'/ 10.0' 1'-0' / 1'-0' / L 15,0' / 0-0' t OJT t 4'i' k, .I( / 04' 3'd 4' S• / \ I XID 1 / \ \ \ \ 10z SO SH I 3 IB x50 SH \ \ 461 x53 5/O x BIB SOD q W/1/13 TRANSOM W/110 TRANSOM I+ I— —I — I I MASTER BEDROOM h 4 FAMILY ROOM GAS Lr 4 I 1471 x 11/8 14/0 x 17/0 INSERT <7 \— I il COFFERED CEILING L— J N. w - © b c In _ © _ % b \ $ O 1 h DINING ROOM y / N M.BTH. m lvexn/a a . I CRAW ACCESS y0 ---AL.—At 2/4 W.I.C. 0., m IIP ® e -, 1., =r in T 0 24 DC) + . c O "' 31• T' T❑' \ KITCHEN \ ■ \ b LNDRY. s-r 10IB Y 13/3 _ § F 9HElF AND n I? 710 In N. \ ROD \ m 9c 2/4 0.11T g 1 K l r-r J 1 p I \ C 1 I 5 \ \ SO BYPASS ^7 N N REF. ! } / 8'-1' / 2/6 G N. 6 ti U O Q v 3A \ ° BEDROOM 3 sw 112" h b 1o2x 100 / ti h h A FURNACE AND 4 S31? W.H.TO BEM A A 6 / HEA116D SPAC M DOORS N I N. \ L O 3• \ h n Q 7/4 h t 0 IQ !I —.\- GARAGE I ®� �� ! NY 1B0 A b a b ti k 1 0 3/0 / ear —,,, § f BEDROOM 2 P. 4 8/5x14/1 $ b NO It 710 O.H.D. I" 1 y§, 3/0 x56 SH 3/0x510 SH I\ r' N. \ � . 1 I 1 I \ N. JJ 5,0' sa sa BUILT UP 10-T 4'd COLUMN TYP. / / 1P8 0-0' 15.0 / 5d i 1 MAIN LEVEL FLOOR PLAN UPPER LEVEL FLOOR PLAN D2 va"=1'-0' D2 1/4'_1,-0' EXHIBIT "E" • • •mi nnllnminmmpptmntmmrmm•nK/n�ormunm mnr 32'-7 111'MAX RIDGE 11111 lIp11l1111111111ni111n 11111111111I1111111111111I11IBU1Ii 1111111 COMP U III 1111111111111111111111111111 1111,11111111111111,11111'11111 ROOFING lumln1111 11lmt1111n111111u11111m11111111111u111111111 IZII1111n111111111111111n1In1111111111111:11111111111111111:11111.11 15-0• 1111.:11111111,111111IIIIIlIl/I1111WI11111111'111111111111111111 11 111x 111111111111111 11111111 11111111 111111111111111111 I mI 1111111111.unl mmum11u11111111u1r1u11mmum un 1111,11HESI111mm11111:4mm111m1111111111111m1n11111 ....—_,,,r___ 11111111111UlIl111111111m1J1111 1.11u1nnuIllllr7mn11um 3FT.WIDE FALSE _II TA I— lz 1111111uc111mll 111111'11719m,111111111111111111111111 11111n111m 12 III IIl 1C7Ii11,11111W 11111111161 DORMER OPTION, n111n11111. 1111:111111r111.\11111n11n1111pEal11 WillS x2/0 W1100w 11111111111■ �11511111nlmnnJi.IUilu lliP,I1.111I SHANE o GABLE 11117.111111 12 r---•--•°"m►u• pl 1.111 liflI T'YE. x.111111111 11111 .,_IIII l!nnllnlllIII ' III.Ill11u Aft111111011 m1P•i1O:mlI II l 111111 111111lawnnnun111mn RE II IP 1i111nN111n,m1ll 11m1Ilh nnis 1nt I ll11m1E11LII1m1111111 11111 nY:3in®11i1II ■. 111u1111u/11m91miW11 1111111R1I11111hII 111th IIIIhl m1Wlln011lmlll I I lull P:m1111111m101u11 'IUm111111m1mm.VUm 1him MINEN 111111mmIl11111UnommE 1111111111111111'111 ' _ 2'131'FINISH FLOOR I ATTIC � I..•....gin...,.. 1�plllul•ll•Io1111n1mlmmulcl[ .1i1WIIWml.o1.II LAP SIDING TYP. I �= I 1 TRIM PACKAGE PER 210 I"''��- OWNER OPTION �-11'-IS 1?FINISH FLOOR � 7 BUILT UP COLUMNS 0000 0000 / -I: i 1 1 [L, o x LOFT i ®® } g a,:,ea o R 0 1•-8 348•FINISH FLOOR $ _ ---0--0.-0°FINAL GRADE(REF.) O x 1 FRONT ELEVATION 9 e D1 1/4'=V-0• 4 _ § a S vI ollnnmmlmnminunln,tnln olllili,Irlmm1111,1m1 - a nmm11ml1II IIII111m 111111111,11 MI11n111IIrn1111111111111 B .11 1.11110-Ill l 11111111111ut llllr 1l11c1m11111111 U I II11111111 in11111 1 c 1111'111111111111,1111 0111,11.111:,,,.uII lolum,l 111111.1111111111111111111111111111,11111111111111111111111111 '4— 11/11111 III l immII11111ll 1111 IIn11111.111111111111111111 1 l 11n11111111III III1111111111111111111 IIIIIII1 III 111111111111 IIII1mm1111111m11 111111111111111111111111111.11 lllmnniI coup 1111n11u11111111 111.111111 11111111,11111i1111111I11n 11,1111 Ill n1111I1I11111111111 61 1II W Il1111III1111111IDIIIIHI M11111n ROOFING IIn11n11mm11m11nIll 11m 111:1I1ll11111111111I IIII1m11 d 11111111111111111111111111111111111111 111111111IIIIII11 VIM lmltm 11111'111L 111 1111 III.EOM II1IIII1-111111111111111I 111111111 III 1111lll l 111111111'11111 MINI',II III II III 11111'.RI II111111111III 1II I 1111311mIllill.11111,11111 1111111111.11111:1-1111111111 111n 1111111 111111III 11111'.11111 II 1111111111.1111 null IIII111111111111 m11111111i11111i11m1111111111,1mIr11111111Ill LIIn1111111111 I /1111t1111111III11111.1111111111 U II1111111111h illlintSRI 1111.111111111111111111111111111,111 t 1111111111 t l m 1.m l 1.1 m1 11 11mlWmul1111lU11m11111111111111u 111111111,111111 I I I i llIllUllln1111111111111111111111111uniilB iinlinno EnoI1111 ivaino 1• I lnM IZi OW. iSJU N I!. EMI. INIMZMIS llU • I II ; if I ATTIC II " " BIDING I - - I II I II 12 BELLY BAND 127' I I_____ ! — / 1 4. 15LOI. J 1. 3 LOFT FLOOR PLAN D2 va•=1*-0- • 3 REAR ELEVATION D1 1/4'l'-0• N. ELEVATION NOTE: ELEVATIONS ARE FOR RE.RENCE ONLY TO S110V1 TYPI SONG OPTIONS.ACRIAI SIDING AND TRIP • OPTIONS PER SOLDER OPTION. `\ COMP ROOFING A OVERIPMIEO FALSE 1 mra OM ER.(OPT." 11�/IIQ/111141wM1/�flY�7111r/I INIL VI/Tll�llrr'•• r 1tl1p11M1ertltlr■mical Pr14IM11osui wMrI114." 1 imulIIlIIr att vase riwl6 1 4 1 11 4 111mostNlllwlrrmillr/Iw>•' Mi1/411111/:11tlLU!///4A11//INllitl//Iltl1l.II IlN:411r71/•1Ul/'- ' Bll/r'wlr utei 4UlI1 11181 r111rir111/rYAwirNONr111rIIIMlr-ly /IeYei�ipNmMm,tlJErIWIr11111N411rrI11r1p11r4ia/,...., , Iintlrmmnmrwwnm/rwnuw - rr1 m111[J1w11l1I,NUI YI/II4 L� Nnl- /ii4/4I N Nm•wJr P lIIgLiliinv.n' LAY SIDING - M. �\ ■ BELLY B0 In. hrIR1 r•iii II rru 1mmllm-mlrrlrl.T u lrl14II 111111181 11111111/ILO.111wlr I11U1■TITIrMIUri111 NILBI rIWIII1 _ 111 1111 W rIU1'r114vU1.rI111I111rlIBl/IllLgl / I II ' ....■11,Pun T.LP COIUIN ^ F--y l Illlildll°del I ® RIGHT ELEVATION 1 s COMP RooPrlr V IIII 11 111[■1"1"1■IlAM/11111 11 III 11114 IV L GVERPRAMEO FALSE "1P1,1I I I I I �N1:1 MIA 1 u 111IIr/N11111 OWBa,(OPTgN1 IIENI 111■r1111111 r Nl pllr ,1111 Lill kur II MI.r1111V1r111U ,iimmimmmimm� 111 111 111 111 1 8.111111111 1 I 11111111111 SIDI 1 11 1 111 11:11■11 11U/111111 r 11r111111rI1111111.r 1111' 1111 I 111111:■ •11111111 11111111111111 11111I111111II Ir tr'1"21II '4r1111111111111rf )LII!lII11 lr - U 1111111 I■11101 I.rI IrI II1111�� l •111111111111111111IIII11/111111 , 1 V11/111III111111Ir 111111 P1. nnrinnnlnlnllwn -Rr1111t�114'rRI111pD/uRimmmlm!111r[Nma t 111.N1III .111■■111111 11111'/ulurvcnw mllnurnm/luwmsnm -........1.11,11.1.•-. 1 II11111N1111Yw/NII1IhlIIIB 1rrtIlltw11tln1U VJ.IIUIUrru411B11. w�llmmwwmnwwlurlwm4u/Ilmnnrn � -"Wag llru:Ni. LIP SONG TYP.. N. . I61Y-....\\ ---[7711771=--1*--- ---- • _,' COLl1N Illlllllllllllll �i LEFT ELEVATION tl va•,r-0' • • 1, n • ,, • , ti rr i N *V - - kil .. 410.1. ' . i ' iCz1�in I r . � .: ; . , ... -SIP 1 L, .. ., , tar..,. . , I, .. f \ , "t� AR ;41 I - Rims ■RR: / i 3 ` I tt � 0, • T ?{, f . , . . ,, x :�. s. *ip,, s rn X CO • -II 111.111111111.1111 4 • • • A r . _ ..,, -!1 10 1 sm. I ,r a . LH r .. , . .. . .. ,,,. u - i „ , . J i . It ., _. i iv q 01,,,, ,;,, J A .,,,,t,.., ,,„ ,„14.44,,,,,, ...,. . r hf. Iti.:10,/. .1 i t ''' \ . ... q c 4 • CITY OF HILL DRO II Hillsboro Planning Department DEVELOPMENT STANDARDS AND DESIGN GUIDELINES Adopted by the City Council and the Planning Commission pursuant to Subdivision Ordinance No. 2808 Article VI Adopted by the City Council through Resolution No. 2219 July 16, 2007 Effective: August 16, 2007 C. Setback Variation Standards. The setback variation requirements of this section are intended to encourage a wider range of structural design, setbacks, and housing choices within new development, and provide developers with flexibility in response to varying site conditions. The following standards shall apply on single family residential subdivisions or Planned Unit Developments of eight or more lots, outside areas designated Station Community Planning Area on the Comprehensive Plan Map. These requirements are not intended to apply to townhouse or multi-family residential development. 1. At least 40 percent of the lots in the subdivision or PUD shall have front yard setbacks less than the specified distance in the applicable zone. This reduced setback shall apply only to the residence portion of the structure which may not be reduced below 75% of the specified setback. Application of the reduction is restricted as follows: a. Side street setbacks on corner lots in subdivisions which allow reduced setbacks shall not be further reduced; b. Front yard setback of the garage portion of the structure shall not be reduced below 19 feet; c. Adequate angles of repose are maintained for public and private utilities. 2. Side yard setbacks in all zones may be reduced to allow load-bearing architectural projections such as, but not limited to: bay windows; oriel windows; and alcoves. Such projections may extend up to four feet into the required setback, provided that: a. A minimum three-foot setback is provided from the projection to the property line; b. Architectural projections on adjacent structures are not aligned opposite one another; c. The length of the architectural projection is not more than 25 percent of the length of the wall from which it projects; and d. Adequate angles of repose are maintained for public and private utilities. EXHIBIT "G" • - -- --r --.. , _ 1 -ter .r- ; _- _ - * BLI January 1,2011 . /- •- --t,, r"z-T �_� - �i r` r ` I _'1- :•�.;r r _ Ii r .. - : - Buildable Zoning Lots Acres _f _ _ �- • ' I i ` I / •• y j... -r•••- ` ICI t ^t -Ti F , I 1 C-G 24 39.45 ,� -, Lands r• C-N 0 0 t i t ,. lr \ r �� k e - TT T - _. Inventory 9 8 89 r '4''�.✓1 w•sr I t I L `s'` - ` !` k -.t . r nventor`T• I-H 0 0 _ I �p /�/� T• I-L 10 7.86 , ''-_ 1 I J f •-t.I.h 1 ' i t �- -i. A �' o° 'A 11 IT T !1V `r 1 - `- I January 1, 2011• I-P 9 45.08 , r I .7- ir I ca. _ --,f -S •,y _ , , , MU-CBD 3 0.64 i I = _ ~', 1 I;� ��.i _ r M UC 3 2.47 I - MUE 39 19.93 ,,' ; -- ''" _1 __ I ,_t , `. i _I f , -- . - City of Tigard .V.,.i MUE-1 11 10.81 - t �f i..'..= , ly 1 I, a.. o. Oregon ��•1 1.24 . . -• _I + - ® i L 1 C� MUE2 1 r ;f , ■ _ MUR-1 9 3.17 � •\ ' t _ I F ' i. \ n.5 / b N fliD •R v MUR-2 2 0.76 l' I ' ,_ \ l7 " "i°_ Q , h �, R-1 2 2.39 ". if t - I t - ,,,,c R-2 2 0.99 ,. - i \ . �• _ . vmm \ - I Legend fiZDPEgn' • R-3.5 30 22.66 / . '" az> , �! ' T.,j,� _ 2011 Buildable Lands R-4.5 239 152.83 ,..I i. �.,,,,„17----,...,..;..„.--- -''--1-s- - I Tigard Local Wetland Inventory Alltr R-7 178 77.82 _ 1. '< . , i. l- I -' ,R-12 58 38.57 _ )• _. 1- ii ._i I CWS Vegetated Co idor \ r" = A'jy" } `� ' . I j FEMA 100 yr Floodplain R-25 142 43.84 - % 3 a.,t a.51 ` r R-40 0 0 ! I L ,_ *j-i ` Slope of 25%or Greater t Total 771 479.40 -. I- ,\`- _ i !-• WWI -t 'J. _ I I _ Jr, 1Nater ' \ _ y.r �� . i I. -^---Stream { -. r±�a� ,' _ 5: __ - Tigard C[y Limits C.4 P14 7 •- f ` ,� nt Classlsfications 1 ,' 7 _ t :--t t �. ', :• ••� C-C 0 DCommunity Commercial ' --- - F f - "" --'-w '.7.,?, General Commercial /1� 7 +b__. i! 1- _. `• r. i 1 Neel hborhood Commercial __; C I ,9-,;-,:i.-.. ;� �•. ` �' �,q --- - v -�� o .4_•• I = C-P Professional Commercial -r,,, , L 1 I .-. ....7./' i '':R.. ,Jy' ��', - �,.o) ` LC " ^ _;�, ' -i s /'a I re - ' - -• - �, � - - Mixed Use Commencal --- a,;. -- - _ _ MUC-1 Mixed One Commencal 1 t - _ •'--^- , "Oj .aR 1- -- - p - MU-C D Mixed Use Central Business Distnct - -- r i - •~ ; QCs, " ` "° MUE B Mixed Use Emplo ment si ppt�tl�, pO��j,V V y-r.JJ -I _ , _ 1 L. /. -- f•, ... .j r _ . � : ,• -- . n MUE-1 Mixed Use Emplolyment 1•- - � �S y MUE-2 Mixed Use Employment 2 f r 1� ,\4 l- ``° . , .. _ -� •t I A 6 '�c �,. - Q k - MUR-1 Mixed Use Residential 1 p� � MUR-2 Mixed Use Residential r�r'"� .-. •' Y ,_._ _-. ` +w f roa. _ - .. s _ - R-1 30,000 Sq Ft Min Lot Size _e• �"" - ( - .'.. Aa.1 , ' - • R-2 20,000 Sq Ft Min Lot Size ' _ I•„„, I "7 �' ., i -__ - - 1O� '--, �p-+r.o=o) �,. R-3.5 10,000 Sq Ft Min Lot Size / • -i t i r _ I, a ,, -,I' I� "°- - - - R4.5 7,500 Sq Ft Min Lot Size • /1/-7,.. S, . - a A.+ i•rn _� 'y - !O R-7 5,000 Sq Ft Min Lot Size -1 _y I t f ' I „wu- I _ R-12 3,050 Min Sq Ft Min Lot Size ±- -- . -' -' -.- -- __ R-25 1,480 Sq Ft Min Lot Size r" ' ,� I - ■ 1 ' _ ..+ - , - R-40 40 Units Per Acre I R di �_ -- '. _, 1 �_ n °' Y , '�._ -*all, -' 5_....� I -i ,...f. .t •-- - (PD) Planned Development Overlay'-' ' - 1 t t` i • I nay - __i - { 1 ,' :- (HD) TY Historic District Overlay ' 1 1 i ( - _ Washington County f f . : -.. ._ .-.1 .- I ^� ..._ '~y 'ti k •' ".. T/' - _ _ _ w ��\ Isv \ The assumptions I WA-CNTY PH a e �If `. ! -k •q irE ■ • _ ^-.f - - I I�_ l. I .;, ,-. he inventory presented is based on specif mptl �, ` and was formulated over a four year penod.The inventory .1+• ,�_ -.. .4.-4, -:. . •• should not be considered an exhaustive list of what is/is not•1 "j`�. -. J ' ' - .. - .L _ ® � I available for development,but a static representation based \\ _ �. f I r' M. on the available data.Inclusion does not mean a property will ` ,\ �c, j l q,�l \`�- / j t•` S� develop or confers a mandate to do so,as exclusion does not I`' `�,` -� , 41, 1 _ prevent a property from developing In the future.For purposes ' ' ,__ - t 1 i - - - , ) �' �. _ ,1"I - of this inventory,buildable lands were dentified as properly jpolim .`�_ _1 , --.-.: i _ `_ .} i . I outside of Title 3 lands that are_- "�' -' 1 _ • -I - (_ P , •, a.e + �. ,_ 1_I j 1.Fully vacant'undeveloped.pnvately-awned parcels -- I •-�I""'., '-- .1 -: _ 2.Partially vacant developed.pnvately-owned parcels , ,•„,- -1-- --r i -w - I i - .--- . with 1/4 acre or more of the parcel vacant __ �®;, `�. _ D �. I /Q IVI '-The information represented on this maps current as of ��;�. 0�- '--� ,� -_ January 1.2011.Revisions will be made as new decisions I = -" - - - e a j - _ - or amendments occur to alter the content of the map I f i _ , ' r D ,', ^-' a co ma ,- �� Vicindy Map(r '�T �� _ •I _ _ - - - - f � , Scale t A 0 0.25 0.5 Miles 7 • • V.r 0jN�• ��., .'t '� -- i..f �.. i DATA SOURCES: I �'f .•'i. , 5c _ Jw t' • OW 01 Tigard Metro _ lir _ Mnpton County 'A P,.c•ro sill Home•�� 1. A - .. , , J ` I 1 ��! • V� i lul(Q IS G=11 O IIV l; �`' - - DISCLAIMER: 1�■ A `,• ,•.'> , -r- _._ .... .�.. TM m.vwxa•,,..a nom•..on 71GAR� T �1 I --- -t 1'" \ 1 a.ue....TT.say .«.o, r .r� ' • I I • ) fa any amen T1w+ebrt. 131 g5 5 W eel 91.1 •-• .. � l r U gl.(,�- - ., i awn w�MWMIM O,o•li•cl Tigard Oregon aTI73 ; . r . :-��► - "-� :�; rYl.alwnar.+prt. 5Da eae .,,, EXHIBIT «H53 caw a.ra.ara Y• v I r. Plpl Dec i�215_Or? .-------.^--- a'`- -.-- a FIG Letallen llygadedn,_.c roc sss Ma,.Gancry MXDaG planning.buiMa4c +'tli,Ida4k IaM53u4 mad IIIII ■ City of Tigard Land Use Permit Application PRE-APP.HELD BY: TIGARD Application File# I pCitoquj/.2'1000Y I Other Case# Date 6—'161 /4 By L'1(1- Receipt# I ! i 757 I Fee Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance(II) ❑Historic Overlay(II or III) ❑Site Development Review(II) ❑Comprehensive Plan Amendment(IV) ❑Home Occupation(II) ❑Subdivision(II or HI) ❑Conditional Use(III) ❑Minor Land Partition(II) ❑Zone Change(III) XDevelopment Code Amendment(IV) ❑Planned Development(III) ❑Zone Change Annexation(IV) ❑Downtown Design Review(II,III) ❑Sensitive Lands Review(II or III) NOTE: FOR REQUIRED SUBMITTAL ELEMENTS,PLEASE REFER TO YOUR PRE-APPLICATION CONFERENCE NOTES LOCATION WHERE PROPOSED ACTIVTIY WILL OCCUR(Address if available) TAX MAPS&TAX LOT NOS. N/A TOTAL SITE SIZE ZONING CLASSIFICATION APPLICANT', , -- -- -- - --- -- _ ..-d 1PON( 0 � 612-I MAILING ADDRESS/CTTY/STATE/ZIP (I?)62 t 5:S TA-7 DP z__; 14 ( bc_. E RaiC(2- g9/24- PHONE NO. FAX NO. G.03 - 7&O - 4-06 1 PRIMARY CONTACT PERSON PHONE NO. E MAIL lzYP DF3R( -tt1P_(oNar -cot PROPERTY OWNER/DEED HOLDER(Attach list if mote than one) - WA 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) ,4p P 5 F.--(-r<0/.' /8. 73 o . 05 ©. c), s- Th Th c T!6-1rPLD 17J_L©pry Co DE to A-(,LOW ON'_ FOOT-- g44,21r L c NDowS D POP D cir" To ( �( ci tse. F cZ 0 1 1---H- 3 Focfr- E (P E._ '(! o _ City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-718-2421 I www.tipard-or.eov I Pape I of2� THE APPLICANT SHALL CERTIFY THAT: • If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's ignature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date City of Tigard I 13125 SW Hall Blvd..Tigard.OR 97223 I 503-718-2421 I www.tipard-or.vov I Panie 2 nf2 Planning & Land Design LLC Cell: 503-780-4061 1862 NE Estate Drive Office: 503-846-1095 Hillsboro, Oregon 97124 Email: ryanobrienl @frontier.com TO: City of Tigard FROM: Ryan O'Brien, Planning Consultant DATE: 6-26-12 SUBJECT: Amendment to the Tigard Community Development Code We request an amendment to Section 18.730.050 (Miscellaneous Requirements and Exceptions) to the Tigard Development Code by adding Section 18.730.050.D.5 to allow one foot bay windows and pop outs with living floor area in the side yard, but not less than 3 feet from the side property line. This code addition would only apply to land zoned R-12. If the approved interior side yard is 5 feet, then the bay windows or pop outs would have a 4 foot setback. If the approved interior side yards are 4 feet, the bay windows and pop outs would have a 3 foot setback. Pop outs and bay windows would also be allowed along exterior side yards and street side yards. The existing Tigard code Section18.730.050 with the proposed Section to be added is attached as Exhibit "A". The added Section 18.730.050.D.5 would read as follows: In the R-12 zone, pop outs and bay windows with living area may project into side yards by one foot provided the pop outs or bay windows do not exceed 12 feet in length or contain over 30% of the dwelling unit side elevation square footage and provided the width of the approved side yard is not reduced to less than 3 feet. The houses in the Solera Subdivision north of Greenburg Road, on the east side of 96th Avenue, were developed with one foot pop outs and bay windows which increases the architectural character of the houses and created better interior floor plans. Pop outs and bay windows are necessary for upstair bathrooms, down stair dining rooms and side elevations of the corner lots to create more attractive elevations and because of the limited width of a 25 foot lot. This amendment is limited to the R-12 zone only b in order to encourage in-fill housing. Many future lots in the in the R-12 zone may be 25 feet in width which is the minimum frontage requirement in the R-12 zone. If a 4 foot side yard is proposed with a subdivision, then the pop outs could be 3 feet from the side property line at the interior and 9 feet from the side property line for corner lots. An existing lot in the R-12 zone would have 4 foot setbacks for pop outs without requesting 4 foot interior side yards. The setback of pop outs on a corner lots would be 9 feet. These options are a great advantage for in-fill housing. 1 Many of the older lots in the City of Portland are zoned R-2 with dimensions of 25 by 100 feet. In order to provide architectural variety and to increase the living area of the units, the City of Portland allows pop outs and bay windows on 30% of the square footage of the side elevations. Portland also allows 3 foot interior side yards when lots are created by a subdivision or partition. These code requirements have been very effective. Pop outs are allowed to project one foot into the side yards, including the street side yards. This allows architectural variety and eliminates the long blank walls along corner lots. It also creates architectural variety for interior side elevations and more interesting interior house floor plans. The Washington County code allows 8 street side yards and 3 foot interior side yards in the R-15 zone. The building code is used for the interior side yards. This proposed amendment to the Tigard Development Code will increase infill on land zoned R-12 zone and allow construction of more efficient detached houses. Home builders want to develop infill lots and home owners prefer to buy narrow detached houses compared to attached houses. As mentioned above, these codes have been very successful in the City of Portland and Washington County which has produced a significant amount of affordable and attractive housing units. This proposed addition to the City of Tigard code will create better housing opportunities and encourage in-fill housing construction on vacant R-12 zoned land. Exhibits attached to this application are as follows: "A" - Existing code and the proposed addition to Section 18.730.050 for the City of Tigard Development Code "B" - Elevations and site plans for 2 story houses with bay windows and pop outs on 24 to 25 foot wide lots without garages in a 5 lot subdivision located on a street corner in the City of Portland "C" - Elevations, floor plans and a site plan for a 3 story house with 2 master bedrooms, bay widows and pop outs on a 25 foot wide lot in the City of Portland. "D" - Photos of houses shown by Exhibit "C" "E" - Elevations, floor plans and a site plan for a 3 story house with 3 bedrooms, bay widows and pop outs on a 25 foot wide lot in the Solera Subdivision located in the City of Tigard on north of SW Greenberg Road and east of SW 96th Avenue. "F" - Photos of houses shown by Exhibit "E" 2 APPLICABLE REQUIREMENTS TIGARD DEVELOPMENT CODE Chapter 18.380 - ZONING MAP AND TEXT AMENDMENTS Sections: 18.380.010 Purpose 18.380.020 Legislative Amendments to this Title and Map 18.380.030 Quasi-Judicial Amendments and Procedures to this Title and Map 18.380.040 Record of Amendments Chapter 18.390 - DECISION MAKING PROCEDURES Sections: 18.390.010 Purpose 18.390.020 Description of Decision-Making Procedures 18.390.060 Type IV Procedure 18.390.070 Special Procedures 18.390.080 General Provisions 18.390.010 Purpose Chapter 18.510 - RESIDENTIAL ZONING DISTRICTS Sections: 18.510.010 Purpose 18.510.020 List of Zoning Districts 18.510.030 Uses 18.510.040 Minimum and Maximum Densities 18.510.050 Development Standards 18.510.060 Accessory Structures 18.510.010 Purpose Chapter 18.730 - EXCEPTIONS TO DEVELOPMENT STANDARDS Sections: 18.730.010 Purpose 18.730.020 Exceptions to Building Height Limitations 18.730.030 Zero Lot Line Setback Standards 18.730.040 Additional Setback Requirements 18.730.050 Miscellaneous Requirements and Exceptions 18.730.010 Purpose 3 TIGARD COMPREHENSIVE PLAN GOAL 1 - CITIZEN INVOLVEMENT GOAL 2 - LAND USE PLANNING GOAL 9 - ECONOMIC DEVELOPMENT GOAL 10 - HOUSING METRO TITLE 7: HOUSING CHOICE LCDC GOALS GOAL 1 - CITIZEN INVOLVEMENT GOAL 2 - LAND USE PLANNING GOAL 9 - ECONOMIC DEVELOPMENT GOAL 10 - HOUSING TIGARD DEVELOPMENT CODE 18.380.010 Purpose A. Purpose. The purpose of this chapter is to set forth the standards and process governing legislative and quasi-judicial amendments to this title and the zoning district map. These will be referred to as zoning map and text amendments. It is recognized that such amendments may be necessary from time to time to reflect changing community conditions, needs and desires; to correct mistakes; and/or to address changes in the law. 18.380.020 Legislative Amendments to this Title and Map A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. COMMENT: This application will be processed as a Type IV amendment. Chapter 18.390 DECISION-MAKING PROCEDURES Sections: 18.390.010 Purpose A. Purpose. The purpose of this chapter is to establish a series of standard decision- making procedures that will enable the City, the applicant, and all interested parties to reasonably review applications and participate in the local decision-making process in a timely and effective way. Each permit or action set forth in Chapters 18.320-18.385 have been assigned a specific procedure type. COMMENT: Public hearing will occur at the Planning Commission and the City Council to allow all interested parties to participate in the decision making process. 4 18.390.020 Description of Decision-Making Procedures A. General. All development permit applications shall be decided by using one of the following procedure types. B. Types defined. There are four types of decision-making procedures, as follows: 4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. COMMENT: Since this is a proposed amendment to the Tigard development code, it will be processed as a Type IV application even though it is proposed by an individual and not Tigard staff, the Planning Commission or the City Council. 18.390.060 Type IV Procedure A. Pre-Application conference. A pre-application conference is required for all Type IV actions. The requirements and procedures for a preapplication conference are described in Section 18.390.080.C. COMMENT: A pre-application was conducted by the City staff and the notes are attached. B. Timing of requests. The Director shall receive proposed Type IV actions twice yearly. A completed application shall be submitted not more than 75 days and not less than 45 days before the first commission meeting in April and October. The Director may waive any of the above periods. COMMENT: The Director has waived this 6 month limitation because it only involves one specific issue with an addition to the code for the R-12 zone. C. Application requirements. 1. Application forms. Type IV applications shall be made on forms provided by the Director as provided by Section 18.390.080.E.1. 2. Submittal information. The application shall: a. Contain the information requested on the form; b. Address the appropriate criteria in sufficient detail for review and action; c. Be accompanied by the required fee; and 5 d. Be accompanied by 18 copies of the narrative. COMMENT: All of the above information has been provided with this application. D. Notice of hearing. 1. Required hearings. Two hearings, one before the Commission and one before the Council, are required for all Type IV actions, except annexations where only a hearing by the City Council is required. 2. Notification requirements. Notice of the public hearings for the request shall be given by the Director in the following manner: a. At least 10 days prior to the scheduled hearing date, notice shall be sent to: (1) The applicant; (2) Any affected governmental agency; (3) Any City-recognized neighborhood group whose boundaries include the site; and (4) Any person who requests notice in writing and pays a fee established by Council resolution. b. At least 10 business days prior to the scheduled public hearing date, notice shall be given in a newspaper of general circulation in the City. c. The Director shall: (1) For each mailing of notice, cause an affidavit of mailing to be filed and made a part of the record as provided by Subsection D.2.a; and (2) For each published notice, cause an affidavit of publication to be filed and made part of the record as provided by Subsection D.2.b. 3. Content of notice. The notice given to persons entitled to mailed or published notice pursuant to this section shall include the following information: a. The number and title of the file containing the application and the address and telephone number of the Director's office where additional information can be obtained; 6 b. A description of the location of the proposal reasonably calculated to give notice as to the location of the affected geographic area; c. A description of the substance of the proposal in sufficient detail for people to determine that a change is contemplated and the place where all relevant materials and information may be obtained or reviewed; d. The time(s), place(s), and date(s) of the public hearing(s); a statement that public oral or written testimony is invited; and a statement that the hearing will be held under this title 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; COMMENT: The required hearings will be schedule and the notices prepare and mailed in accordance with the above requirements. G. Decision-making considerations. 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 COMMENT: All of these code are addressed with this application Chapter 18.510 - RESIDENTIAL ZONING DISTRICTS Sections: 18.510.010 Purpose A. Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible nonresidential development—schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services—at appropriate locations and at an appropriate scale. B. Encourage construction of affordable housing. Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and • rental housing at affordable prices is encouraged. This can be accomplished by providing residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. COMMENT: This addition to the code will have a positive effect on existing neighborhoods. It will help provide affordable housing and more usable living area for narrow houses on 25 foot wide lots, the minimum street frontage requirement for lots in the R-12 Zone. More creative and attractive housing will be developed in the R-12 Zone and this addition to the code will encourage single family detached, owner occupied housing. The limited impact from reduced setbacks will be significantly less compared to development of attached housing in neighborhoods where only single family detached houses exist. TABLE 18.510.2 - (Cont'd.) DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES R-12 STANDARD MF DU* SF DU** Minimum Lot Size -Detached unit 3,050 sq.ft.per unit 3,050 sq.ft. per unit -Attached unit -Duplexes -Boarding,lodging,rooming house Average Lot Width None None Minimum Setbacks -Front yard 20 ft. 15 ft. - Side facing street on corner&through lots 20 ft. 10 ft. -Side yard 10 ft. 5 ft. [1] -Rear yard 20 ft. 15 ft. - Side or rear yard abutting more restrictive zoning district 30 ft. 30 ft. -Distance between property line and garage entrance 20 ft. 20 ft. Maximum Height 35 ft. 35 ft. Maximum Lot Coverage [2] 80% 80% Minimum Landscape Requirement 20% 20% [1]Except this shall not apply to attached units on the lot line on which the units are attached. [2]Lot coverage includes all buildings and impervious surfaces. * Multiple-family dwelling unit ** Single-family dwelling unit 8 • 18.510.020.F. R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. COMMENT: As indicated by Table 18.510.2 above, the one foot pop outs and bay windows will benefit both single family attached and detached housing. The side yard is 10 feet for attached housing and 5 feet for detached housing in the R-12 zone. Section 18.510.020.F indicates the R-12 zone is intended to provide a full range of housing types which implies flexibility in design and appearance. The architectural and livability benefits for the house owner of lots in the R-12 zone are described on pages 1 and 2 of this report. Chapter 18.730 - EXCEPTIONS TO DEVELOPMENT STANDARDS Section: 18.730.010 Purpose A. Purpose. The purpose of this chapter is to present exceptions to the height and setback standards which apply in various zoning districts as detailed in Chapters 18.510, 18.520 and 18.530. Flexible and/or more stringent setback standards are designed to allow for the maximum use of land and to allow for a varied building layout pattern while ensuring there will be adequate open space, light, air and distance between buildings to protect public health and safety. COMMENT: The city provides for exceptions to allow 4 foot interior side yards in the R-12 zone. The code amendment will allow the pop outs and bay windows on both interior and exterior side yards. This will greatly help house construction and provide architectural variety which will benefit both the owners of the house to be constructed and the neighborhood. TIGARD COMPREHENSIVE PLAN GOAL 1 - CITIZEN INVOLVEMENT "To develop a citizen involvement program that ensures the opportunity for citizens to be involved in all phases of the planning process." Goal 1 requires the local citizen involvement program "clearly define procedures by which the general public will be involved in the ongoing land-use process." These actions include methods to involve citizens in land use issues; promoting successful two-way communication and feedback between the City and its citizens; means by which citizens may affect outcomes; clarity and availability of technical information; and financial support and other resources for citizen involvement efforts. All of these actions align with the community's vision where citizens are informed about how to access 9 public services and understand their responsibility to participate as members of the community. GOAL 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. COMMENT: This will occur with the public hearing process. GOAL 2 - LAND USE PLANNING "To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions." Policy 6. The City shall promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community's social and fiscal stability. Policy 12. The City shall provide a wide range of tools, such as planned development, design standards, and conservation easements that encourage results such as: A. High quality and innovative design and construction; B. Land use compatibility; C. Protection of natural resources; D. Preservation of open space; and E. Regulatory flexibility necessary for projects to adapt to site conditions Policy 24. The City shall establish design standards to promote quality urban development and to enhance the community's value, livability, and attractiveness. COMMENT: The public hearing and Tigard staff review of this code addition will comply with Goal 2. In accordance with Policy 6, this code addition will encourage more owner occupied and attractive single family detached housing with higher economic values compared to the current code. Higher values and additional in-fill housing will help pay for city services. Small scale in-fill housing will generally be developed on improved streets with existing utilities. This code addition will also provide regulatory flexibility as indicted in Sub-Section "E" above. 10 GOAL 9 - ECONOMIC DEVELOPMENT "To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens." 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. COMMENT: This code amendment provides flexibility in accordance with the above Policy 3. The benefit to the Tigard economic vitality has already been explained in this report. GOAL 10 - HOUSING "To provide for the housing needs of citizens of the state." Some of the factors that local governments can influence are the supply of available residential land; the availability of public services; development regulations (density and design), and support for low and moderate income housing. In the Portland metropolitan region, only land included in the Metro Urban Growth Boundary (UGB), an invisible line that separates rural areas from suburban, can be developed at residential densities requiring urban services. At the local level, each state and regional jurisdiction must inventory its buildable land, which is defined as vacant and re-developable land suitable for residential use, to determine housing capacity. Tigard maintains a buildable lands inventory (BLI) that tracks available residential land. Two state and Metro requirements help determine housing capacities on buildable land within the Portland Metropolitan Area — the state Metropolitan Housing Rule and Title 1 of Metro's Urban Growth Management Functional Plan (Functional Plan). Both focus on increasing jurisdictions' housing capacity in order to use land within the UGB efficiently. COMMENT: This code amendment will help provide more housing opportunities in the City of Tigard and increase the supply of land for development of R-12 zoned property by providing more flexible housing design and low and moderate income housing opportunities. The supply of buildable land in the Metro UGB is limited and every city should attempt to maximize land already included in the UGB and especially in-fill property where public infrastructure already exist, such as roads, utilities, schools and parks. GOAL 10.1: 11 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Policies: 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. 2. The City's land use program shall be consistent with applicable state and federal laws. 3. The City shall support housing affordability, special-needs housing, ownership opportunities, and housing rehabilitation through programs administered by the state, Washington County, nonprofit agencies, and Metro. 4. The City shall adopt and maintain land use regulations that provide opportunities to develop housing for persons with special needs. The scale, design, intensity, and operation of these housing types shall be compatible with other land uses and located in proximity to supporting community services and activities. RECOMMENDED ACTION MEASURES: i. Update the City's Buildable Land Inventory regularly to monitor the rate of development and the availability of residential land. ii. Monitor regional and local housing trends and periodically review and update the City's land use policies and regulations accordingly to provide the range of housing development opportunities needed by Tigard's residents. COMMENT: This code addition will provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents as already mentioned in this report. The attached Exhibits "B", "C" and "D" are floor plans, site plans, building elevations and photos of actual projects already built in the City of Portland. These plans and photos show significant architectural variety. This type of house design has been used extensively in the City of Portland and it has been very successful. The lots are 24 to 25 feet in width and generally 100 feet in depth. Because of the architectural variety, the house values have increased and the sales rate is much higher compared to other areas in the Portland metropolitan area. Exhibits "E" and "F" are floor plans, building elevation and photos of houses in the Solera Subdivision located in the City of Tigard on the north side of Greenburg Road on the east side of 96th Avenue. This project has been very successful and the home owners are very happy with the interior floor plans and the exterior elevations. 12 GOAL10.2: Maintain a high level of residential livability Policy 5. The City shall encourage housing that supports sustainable development patterns by promoting the efficient use of land. COMMENTS: This code addition will promote more efficient use of land in the R-12 zone and maintain a high level of residential livability. The interior floor plans an the exterior elevations of the houses will be better as demonstrated by Exhibits "B" to "F". In fact, the city should probably promote this type of house design. This code addition will make it much easier for home builders to have certainty with their house plans rather than requesting setback adjustments for every project. Home builders really appreciate certainty and clear development standards. RECOMMENDED MEASURES: i. Encourage future housing development on designated buildable lands in areas where public facilities and services can be most readily provided. ii. Develop infill design standards to ensure that new housing constructed within existing residential neighborhoods complements and is compatible with existing development . COMMENT: This code addition will promote more in-fill housing incompliance with the above Recommended Measures. One foot pop outs and bay windows will provide more compatibility with existing housing in the area and help offset the interior and exterior appearance of narrow houses 15 feet in width. METRO CODES METRO TITLE 7: HOUSING CHOICE 3.07.710 Intent The Regional Framework Plan calls for establishment of voluntary affordable housing production goals to be adopted by local governments and assistance from local governments on reports on progress towards increasing the supply of affordable housing. It is the intent of Title 7 to implement these policies of the Regional Framework Plan. COMMENT: Affordable housing will be encouraged with this code addition and help increase the supply of affordable and attractive housing. 13 LCDC GOALS GOAL 1: CITIZEN INVOLVEMENT OAR 660-015-0000(1) To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. GOAL 2: LAND USE PLANNING OAR 660-015-0000(2) PART I -- PLANNING To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. GOAL 9: ECONOMIC DEVELOPMENT OAR 660-015-0000(9) To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. GOAL 10: HOUSING OAR 660-015-0000(10) To provide for the housing needs of citizens of the state. COMMENT: All of these goals were addressed with the Goals and Policies of the City of Tigard Comprehensive Plan. 14 71 City of Tigard TIGARD Land Use Permit Application APPLICATIONS WILL NOT BE ACCEPTED IN PARTIAL SUBMITTALS. ALL ITEMS MUST BE SUBMITTED AT ONE TIME. ➢ This form is required to complete your submittal. The applicant must check the box next to the item verifying that the information is present. Staff will check off the items at intake. ➢ Three (3) copies of all materials are required for the initial review process. The balance of the copies will be requested once your submittal is deemed substantially complete. ➢ Each packet must be collated. ➢ Plans are required to be a minimum of 24"x 36"or 22"x 34". D. Plans must be FOLDED, rolled plans are not accepted. Applicant Staff Documents,Copies and Fees Required Completed Master"Land Use Permit"Application with property owner's signature or name of agent and letter of authorization VA. Title transfer instrument or grant deed X Written summary of proposal Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) ��`` Documentary evidence of Neighborhood Meeting: Neighborhood Meeting Affidavits of 1 V/r Posting&Mailing Notice,Minutes,Sign-in Sheets if Service Provider Letter 44 Impact Study per Section 18.390.040.B.2(e) �( Copy of the Pre-Application Conference notes "1( Filing Fee (see fee schedule) NSA Preliminary Sight Distance Certification 4( Preliminary Storm Calculations It Arborist Report 1 Traffic Report(if Required) Maps or Plans (Plans must be at least 24"x 36") )C Architectural Drawings (elevations& floor plans) (1( A- Existing Conditions Map 41 Landscape Plan t t Preliminary Grading/Erosion Control Plan t Preliminary Partition/Lot Line Adjustment Plan 4( Preliminary Storm Drainage Plan ft Preliminary Utilities Plan II Public Improvements/Streets Plan i i Site Development Plan I, Subdivision Preliminary Plat Map « Topography Map 4.4 Tree Preservation/Mitigation Plan Vicinity Map ➢ Once your application has been deemed substantially complete you will be notified by the Planning Division in the form of a completeness letter indicating that you will need to provide the following: Two (2) sets of stamped,addressed#10 envelopes for all owners of property within 500 feet of the subject property (the 2 sets must remain separated for the purpose of 2 mailings). Mailing envelopes shall be standard legal-size (#10), addressed with 1"X 4"labels (please see envelope submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee (please see request for 500'property owner mailing list form). I:\CURPLN\Masters\Submittal Requirements Check List.doc (updated:21-January-10) III CITY OF TIGARD RECEIPT p � � 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 187379 - 06/28/2012 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID DCA2012-00001 Legislative-Community Development 100-0000-43116 $3,300.00 Code(Map) DCA2012-00001 Legislative-Community Development 100-0000-43117 $487.00 Code(Map)-LRP Total: $3,787.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 6490 JFLOYD 06/28/2012 $3,787.00 Payor: Everett Custom Homes Total Payments: $3,787.00 Balance Due: $0.00 Page 1 of 1 114 a r TIGARD City of Tigard August 20, 2012 Ryan O'Brien 1862 NE Estate Drive Hillsboro, OR 97124 RE: Completeness Review for O'Brien Development Code Amendment Case File No. DCA2012-00001 Dear Mr. O'Brien: The City has received your supplemental application materials for a Development Code Amendment to amend the text of Section 18.730.050.D of the Tigard Development Code. The amendment would add a subsection to allow, in the R-12 zone, one-foot bay windows and pop-outs to increase floor area while maintaining 3 foot side yards. Staff has completed a preliminary review of the submittal materials and has determined that the application can be deemed complete. A hearing with the Planning Commission has tentatively been set for October 15, 2012. A hearing at the City Council could follow as early as November 27, 2012, but scheduling will wait until after the Commission has made its recommendation. Should you have any questions,please contact me at 503-718-2434. Sincerely, 44., Pt7e;3f-- -- Gary Pagenstecher,AICP Associate Planner c: DCA2012-00001 Land Use File 13125 SW Hall Blvd. • Tigard; Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov • a � TIGARD City of Tigard July 28,2012 Ryan O'Brien 1862 NE Estate Drive Hillsboro, OR 97124 RE: Completeness Review for O'Brien Development Code Amendment Case File No. DCA2012-00001 Dear Mr. O'Brien: The City has received your application for a Development Code Amendment to amend the text of Section 18.730.050.D of the Tigard Development Code. The amendment would add a subsection to allow in the R-12 zone one-foot bay windows and pop-outs to increase floor area while maintaining 3 foot side yards. Staff has completed a preliminary review of the submittal materials and has determined that the following additional information is necessary before the application can be deemed complete: 8_8-p Z , • Submit 18 copies of complete application packets. This includes bound and collated copies of all plans and application materials that have been submitted to the City. �, ��-fz• ✓ • CD including full application materials. Should you have any questions,please contact me at 503-718-2434. Sincerely, Gem 2 / Gary Pagenstecher,AICP Associate Planner •c: DCA2012-00001 Land Use File , � �� � ./ �/ �f� l- ps�w� �•11 ��W"'''"'"^ �+ city 4ok. r:.� i}n.� /G!r{ //4-4 i-14.4.4,1 r pYyt f'"a 146 e-44 of 44,44 wrier la try.. orAftot - J fit ' 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov LAND USE APPLIK .TION Project:_ C7eeRIa"N De-f9- Date: v ry E Z�41 �.0,du-►u 2,644444 COMPLETENESS REVIEW COMPLETE W INCOMPLETE STANDARD INFORMATION: /, Deed/Title/Proof of Ownership AXE Neighborhood Mtg.Affidavits, Minutes,List of Attendees DM-Impact Study(18.390) n�¢.� USA Service Provider Letter Construction Cost Estimate ❑LJ-Envelopes with Postage(Verify Count) N ig #Sets Of Application Materials/Plans-"Paper Copies" X Pre-Application Conference Notes #Sets Of Application Materials/Plans-"CD's" PROJECT STATISTICS: 11/ 6 ❑ Building Footprint Size ❑ %of Landscaping On Site ❑ Lot Square Footage ❑ %of Building Impervious Surface On Site PLANS DIMENSIONED: iv j ❑ Building Footprint ❑ Parking Space Dimensions(Include Accessible&Bike Parking)❑ Truck Loading Space Where Applicable ❑ Building Height ❑ Access Approach and Aisle ❑ Visual Clearance Triangle Shown ADDITIONAL PLANS: ❑ Vicinity Map ❑ Architectural Plan ❑ Existing Conditions Plan ❑ Landscape Plan ❑ Tree Inventory ❑ Site Plan ❑ Lighting Plan TREE PLAN I MITIGATION PLAN: 1/f ❑ ❑ ❑ ❑ ADDITIONAL REPORTS: (list any special reports)tJ /}- ❑ ❑ ❑ ❑ ❑ ❑ RESPONSE TO APPLICABLE CODE SECTIONS: ❑ 18.330(Conditional Use) ❑ 18.630(Washington Square Regional Center)) ❑ 18.775(Sensitive Lands Review) ❑ 18.340(Director's Interpretation) ❑ 18.705(Access/Egress/Circulation) ❑ 18.780(Signs) ❑ 18.350(Planned Development) ❑ 18.710(Accessory Residential Units) ❑ 18.785(Temporary Use Permits) ❑ 18.360(Site Development Review) ❑ 18.715(Density Computations) ❑ 18.790(Tree Removal) ❑ 18.370(Variances/Adjustments) ❑ 18.720(Design Compatibility Standards) ❑ 18.795(Visual Clearance Areas) 18.380(Zoning Map/Text Amendments) ❑ 18.725(Environmental Performance Standards) ❑ 18.798(Wireless Communication Facilities) 18.390(Decision Making Procedures/Impact Study) ❑ 18.730(Exceptions To Development Standards) ❑ 18.810(Street&Utility Improvement Standards) 18.410(Lot Line Adjustments) ❑ 18.740(Historic Overlay) ❑ 18.420(Land Partitions) ❑ 18.742(Home Occupation Permits) ❑ 18.430(Subdivisions) ❑ 18.745(Landscaping&Screening Standards) 18.510(Residential Zoning Districts) ❑ 18.750(Manufactured/Mobil Home Regulations) 18.520(Commercial Zoning Districts) ❑ 18.755(Mixed Solid Waste/Recycling Storage) ❑ 18.530(Industrial Zoning Districts) ❑ 18.760(Nonconforming Situations) ❑ 18.620(Tigard Triangle Design Standards) ❑ 18.765(Off-Street Parking/Loading Requirements) ADDITIONAL ITEMS: I:\curpinlmasters\forms-revised\land use application completeness review.dot REVISED: 6-Jun-07 CITY OF TIGARD REQUEST FOR 'MENTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEYLLUYMENT APPLICATIONS FILE NOS.: J(M 2-0 i Z - 01.700 i FILE NAME: D'13!ZIe CITY OFFICES /s —C.D.ADMINISTRATION tMr Director /JC DEVELOPMENT SERVICES/Todd Prager,Assoc.Planner/Arborist _PUBLIC WOR ed City Engineer C.D.ADMINISTRATIO usan artn ,Asst.CD Directo 0'BUILDING DIVISION/Mark VanDomelen,Building Official HEARINGS OFFICER(+2 sets) CITY ADMINISTRATIO y eatle • zec• •er _POLICE DEPARTMENT/Jim Wolf,Crime Prevention Officer ,PLANNING COMMISSION(+12 sets) DEVELOPMENT SERVICES/P-••'t -Engineering Te _PUBLIC WORKS/Brian Rager,Assistant PW Director X FILE/REFERENCE(+2 sets) 0' EVELOPMENT SERVIC -/Gus Due as 'eve opment Eng._PUBLIC WORKS/Steve Martin,Parks Manager • fib l(-rclfCtr. � SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.*_ TUALATIN VALLEY FIRE&RESCUE* _ TUALATIN VALLEY WATER DISTRICT• _ CLEAN WATER SERVICES* Planning Manager North Division Administrative Office Development Services Department 15707 SW Walker Road John Wolff,Deputy Fire Marshall 1850 SW 170t"Avenue David Schweitzer/SWM Program Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97006 2550 SW Hillsboro Highway Beaverton,OR 97005-1152 Hillsboro,OR 97123 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON* _ CITY OF TUALATIN * _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS — Planning Manager Planning Manager Elizabeth Ruther,Habitat Biologist Melinda Wood (WLUN Form Required) _ Steven Sparks,Dev Svcs.Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279 Beaverton,OR 97076 Portland,OR 97231 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING * _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 17160 SW Upper Boones Fry.Rd._ Joanna Mensher,Data Resource Center(ZCA-Adopted) _US ARMY CORPS.OF ENG. Durham,OR 97224 Paulette Copperstone,(ZCA-RFC Only) X OR.DEPT.OF LAND CONSERV.&PVLP. Kathryn Harris(Maps&cws Letter Only) X0.Gerald Uba,Ph.D.,(cpA/DCArzoN) Mara Ulloa(Comp Plan Amendments&Measure 37)...) Routing CENWP-OP-G _CITY OF KING CITY * 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY * OR.DEPT.OF ENERGY(Powertines in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue _ CITY OF LAKE OSWEGO * Routing TTRC–Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Naomi Vogel-Beattie(General Apt Lake Oswego,OR 97034 _Brent Curtis(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 NF _Assessment&Taxation(ZCA)MS 9 _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Development Review Coordinator —Dona Mate(a,Cartography(ZCA)MS 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacations) 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _OR.PARKS&REC.DEPT. _WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1 -DISTRICT 2A* ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(wcccA)"911"pauna4414 Tow..) Chad Gordon,Assistant District Manager (Notify if ODOT R/R-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,Sr.Crossing Safely Specialist (Notify if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13th Street,NE,Suite 3 725 Sumner St.NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES —PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R Predecessor) Bruce Carswell,President&General Manager 200 Hawthorne Avenue SE,Suite C320 Salem,OR 97301-5294 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Gerald Backhaus isastssa ar kw Contact) (If Protect is Within Z Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 —PORTLAND GENERAL ELECTRIC —NW NATURAL GAS COMPANY —VERIZON _QWEST COMMUNICATIONS Mike Hieb Svc.Design Consultant Scott Palmer,Engineering Coord. John Cousineau,OSP Network Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97005 Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jennifer Garland,Demographics Alex Silantiev(s«Map for Area Con's.) Brian Every(Aga axioaeNoi aaw) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN SOO'OF THE SUIJECT PROPERTY FOR ANT/ALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). h:\patly\masters\Request For Comments Notification List.doc (UPDATED: 12-Jul-11) (Also update:is\curpin\setup\labels\annexations\annexation_utilities and franchises doc,mailing labels&auto text when updating this document) PRE - APPLICATION CONFERENCE NOTES • • PRE-APPLICATION NO1'FS City of Tigard RECEIVED April 17, 2012 JUN 2 8 STAFF PRESENT: Gary Pagenstecher CTS N E!vi 1�O APPLICANT: Ryan O'Brien PROPERTY LOCATION:NA TAX MAP/ LOT#: NA PROPOSAL DESCRIPTION: To amend the development code text in Chapter 18.730, Exceptions to Development Standards, to allow additional projections into required yards under 18.730.050.D. The proposed text change would be as follows: "5. In the R-12 zone, prop outs and bay windows with living area may project into side yards by one foot provided the pop outs or bay windows do not exceed 12 feet in length or contain over 30% of that dwelling unit's side elevation square footage and provided the width of such side yard is not reduced to less than 3 feet." COMP PLAN DESIGNATION: Medium Density Residential ZONING:R-12 NEIGHBORHOOD MEETING A neighborhood meeting is not required for a CDC text change. NARRATIVE Include a narrative that responds to the applicable review criteria. The narrative must contain the text of the applicable review criteria, findings of fact relative to each criterion, and a conclusion as to whether the criterion has been met. APPLICABLE REVIEW CRITERIA: Zoning Map and Text Amendments 18.380.020 A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Type IV Decision Making Procedure 18.390.060 Based on the information provided, the text amendment request will be a Type IV Process, with a public hearing before the Planning Commission. The Planning Commission makes a recommendation to City Council to either approve the request as proposed, modify the request, or deny the request. A subsequent hearing (or hearings) is then held by the City Council for a decision. 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; [Goals 1, Public Involvement; Goal 2, Land Use Planning; Goal 9, Economic Development; Goal 10,Housing] 2.Any federal or state statutes or regulations found applicable; 3.Any applicable METRO regulations; 4. Any applicable comprehensive plan policies; [Goal: 1, Public Involvement; Goal 2, Land Use Planning; Goal 9.1, Policy 3, Economic Development; Goals 10.1 and 10.2 Housing]; and 5. Any applicable provisions of the city's implementing ordinances [TUC 18.380, Zoning Map and Text Amendments; 18.390, Decision Making Procedures; 18.510, Residential Zoning Districts;and 18.730,Exceptions to Development Standards]. Application Fees for Zoning Text Amendment (Legislative): $3,787 Decision timeline is approximately 3 months from receipt of a complete application. The 120- day rule is not applicable to legislative changes. PREPARED BY: Gary Pagenstech:r Associate Planner CITY of TIGARD DEVELOPMENT CODE 18.730.050 Miscellaneous Requirements and Exceptions A. When abutting properties have non-conforming front setbacks. If there are dwellings on both abutting lots with front yard depths less than the required depth for the zone, the depth of the front yard for the intervening lot need not exceed the average depth of the front yards of the abutting lots. B. When one abutting property has a nonconforming front setback. If there is a dwelling on one abutting lot with a front yard of less depth than the required depth for the zone,the front yard for the lot need not exceed a depth one-half way between the depth of the abutting lot and the required front yard depth. C. Storage in front yard. Boats, trailers, campers, camper bodies, house trailers, recreation vehicles or commercial vehicles in excess of 3/4 ton capacity may be stored in a required front yard in a residential zone subject to the following: 1. No such unit shall be parked in a visual clearance area of a corner lot or in the visual clearance area of a driveway which would obstruct vision from an adjacent driveway or street; 2. No such unit shall be used for dwelling purposes except that one camper, house trailer or recreational vehicle may be used for sleeping purposes only by friends, relatives or visitors on land entirely owned by or leased to the host person for a period not to exceed 14 days in one calendar year, provided that such unit shall not be connected to any utility, other than temporary electricity hookups and provided that the host person shall receive no compensation for such occupancy or use; 3. Any such unit parked in the front yard shall have current state license plates or registration and must be kept in mobile condition. D. Projections into required yards. 1. Cornices, eaves, belt courses, sills, canopies or similar architectural features may extend or project into a required yard not more than 36 inches provided the width of such yard is not reduced to less than three feet. 2. Fireplace chimneys may project into a required front, side or rear yard not more than three feet provided the width of such yard is not reduced to less than three feet. 3. Open porches, decks or balconies not more than 36 inches in height and not covered by a roof or canopy, may extend or project into a required rear or side yard provided such natural yard area is not reduced to less than three feet and the deck is screened from abutting properties. Porches may extend into a required front yard not more than 36 inches. 4. Unroofed landings and stairs may project into required front or rear yards only. 5. Add this sub-section. In the R-12 zone, pop outs and bay windows with living area may project into side yards by one foot provided the pop outs or bay windows do not exceed 12 feet in length or contain over 30% of the dwelling unit side elevation square footage and provided the width of the approved side yard is not reduced to less than 3 feet. EXHIBIT "A" «8„ 118IHX3 anion Eg Wpm 11111 = =,,.am IBM IMO la� ❑__ '��Illh�u� � --r .0-,4Z .0-.4Z 15'-0' / ' t 13,7 5'-0' t 5 1 S '-0' 1 S-0' 6A' 1/ \ \ r u k' 503.GD. 5/055/0 -+5—\- I I 3/0550 3/0x510_ !-� oa SII v∎ r IIg � \ LIVING I 5 a ' § MASTER#1 a III 1v1Y118 LL iI a 1 L 2 J III, \ \ UP eII �' � va h 0 DINING _ '\ y„4' %F _ / 9 r • d rn MEW W '~ I ° i 0 M.8TH. \ a\ m r \ \ 11:_11 . IU ® Z4 \°`„y FA, o vb ih 1 A • W.LC. b $ €F.R J S • DN FUR. - --_____ ■ m N °o \ \ K 1 W.I.C. 2A MW H �' ° 3/0 WA, 4 va 4 g GARAGE .In i m b G ® oc � BT H. e5 7 m t \ it :.1,_ m L Ti \ ■\ \ \ sat r tq _, � IVO O.H.O. \ MASTER#2 9 14/1 5 11 4 L J all • N. \ 910 5 510 38 310 x 5/0 SH \ \ 1"x-1 10'9 ____.*__,.2 5,7 1.7' i -0-fr 1 5,0' 1 4,5- I 4'd' 10,7 1S-0' L 1S-0' I 1 1 MAIN FLOOR PLAN ® UPPER FLOOR PLAN D2 V4•=1'-0• • 1/4•=r-0• / axx / dFdl A'dL 0 I \ I li Orix0l4 z Q a 7 ct L 3 o 0 h LL e 8 � 4 CO t Iii e 0 kr �”" 4D<© o EXHIBIT "C" • I _ _ 84.00' _ PROPOSED TREE - 1.5" DIA. 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Pd/ / 15-0• / / 5-0• (1 5-0• !-e• / 5B' 3£ SS' /4.1 \ \ maye- y \ \ N. ~y SIDx SBSGO § \ 3/0 x 510 SH 3)5 x5,61 SH 4/0 x 5/IMO W/1N TRANSOM W/1/0 TRANSOM N r ��. § 1 MASTER BEDROOM i N 4 FAMILY ROOM GAS 14/1:11/0 14/61 x 12/0 INSERT I,\ `COFFERED I CEILING L— O(2.1 \ \ _. \ N. 215 _ \ \E. _ 4‘._ i O ZI I C p p 461 O ]N N © 2 % n \ X a SO i' & X hi B DINING ROOM a �� T I. H M.8TH. '� m 11/fix 11/4 O. M. CRAWL Q C�— ACCESS n 1i 16I AT _1.,,_ —� W.I.C. tx s M D.W. OF \ M " N V4 PDR.' \ ` Z �� 1• , 71• KITCHEN \ \ \ e LNDRY. k 3'-r 10M:130 F!. SHELF AND M\'2/0 \ ROD§ C fa 2H in \\ R 9.15 l N ti ti\ \ SA BYPASS E N- a L 5-1• 2/6 I \I o TANKLESS 0 O MR I 3/0 \ e BEDROOM 3 4'-0 1/1• in I b 102x1010 / LFURNACE AND y Ir n 5-5 1/? W}1.TO BE IN HEATED SP = .)-., TEO I ODORS _F \ \ O S 4 Q N Q N 24 GARAGE h B ®N 9/7 x 1B 0 D ,c/ in ii m §\ 2A N O \ ir 3D / 54/ --., 4 BEDROOM 2 N yr SIB•14/1 �i b BA xTIOO.HD. M \ \ it ^^ r r § 3/0 x570 SH 3/0 x5/0 OH \ \ IJ I I a a \ \ 1--e e e a a 54/ 5.0 54/ BUILT UP 15$ 4'$ COLUMN TYP. / 10141 54T 15-0'L 5-0 J IM 1 MAIN LEVEL FLOOR PLAN / 2 1 UPPER LEVEL FLOOR PLAN D2 114''1.4" D2 1/4'=1.-0' EXHIBIT "E" w.T IrIm11n1u111111I1 111I�mI1IIul 111 II RI luu IMB�Ill11111u.uI -$ 312'MAX RIDGE lull)IIll IIIInIIn111 WIn111111n..111I11m1II.II111111/111111 COMP 11111I11IIUlIIIIMIII n11uI1111111111mIm1m11nI11IlIl11m1111 ROOFING R1111m1 11mlllm•IIIUI Iuun111I'1llmllIUMMIR111I1111I11ii 1.1I11I11IIIINIIIIIIIIIIIIII1IIIILIIIII 1111111111I111111i iiui { 's-D' K IIII ,uIII IIIm111n.IPU11111uI11m1m11111.11IIIn1111111111 I II1u1111II llllunnmlllnnl91111111111n11u1u111111 111111111 II1111u111 1IIIM111n1IUU41L'11mn111111u1II1111111111m1 . IIl lul IIIIlIMl111nI5 5 UII�lnlminnllnIIllnlnullll 3 FT.WIDE FALSE 1IIIIIIIIIUUIn1111 n1111IlIITII.III UInll.InnII111111111111111 I � 11111E111117) 12 mIlim/1\111 U111n1111111111n.111I1!il DORMER OPTION. • I 1 1 11111 11 aIDJIIUIIIIIL u.IIIIIIIII�111 IUIIrilnll WI 11B z 210 WINDOW 111I1I11I1 �11151111u1m11.i!m�Wnllllu.:A11111111 I SNAKE GABLE umnruln 121 .'EIV. °°'°�°O111111m4A111111111111 I 1 TYE. .UIIIIIIIIII 1111,nnr 4 1mm11111111 1I2191111111 Inlminl ■■''ull!'i111.111111111R1111111 IIllu•ll1Vi11111In11111) IS1111nI1I�!WIn1'.1111111 1111IIIhSIGllnlluIII0n /Im11u111m!Jm11111111 I 1111 1 ndli�llmlmin ■. ununlln1111I191I11111 1111111P11uIl INln11nl Im111111UIIIIllllli11m111 IIIIII IIn1m111mmI1111_ u1m1n11111m11117111111 20'-8 SIB'FINISH FLOOR naii mlmm uullmlmliinrmunmlmmnllnnuo.ml I ATTIC Nman11gIU`101 ulnl111Min1111I1em1111n1.IIIIII 1 LIOW. .� m 1.Imumuemum.0®.n..vY...Im�D.aG 4. I LAP SIDING • TIP. - \--t.L:\....-- 14---. TRIM PACKAGE PER ' y7 } OWNER OPTION 11'-10112'FINISH FLOOR I I. r c BUILT UP COLUMNS 0000 0}'''1000 S TIP. \ ©O❑0 70 I IL g �`` 4 ° D' LOFT — —I ,...1 00 g 41111912 0 t. L T�510"FINISH FLOOR - 0'-0'FINAL GRADE(REF.) - © O 1 FRONT ELEVATION g g 1 114'=1'-0" D 4 'a -.. . . . mlma ml.Rmnmu111nemImineMIUmm11me1nIml - <FL 111111m1mlm1Il111n 11111II111n11111In1111111111 111111111111111 IIII111UInn11.111I1e 1111enn.111m11In111n1e11I1111nn11n1I n Inll nmmnnllnnnnnmm•MnunnMrulmmminnl •111IIUIMINIIm1ImIII1lUIIn111111n111m1111mlM11111u1n1 UII11m1111117I1 hU111�I11IMII111IUIIIUUI1111111111111I1Il11I1111U1I IIIIIIIIn11m1ImImIUIIIII11n1nIIIIIJ1111nIIIlInInnImlll COMP I 1 min1111111111II1m1111011nIIIM n.uIIII Im111111111I111111 11IIImlIlnlmlmllnlnllmulnllullmlullnllml11nn11W ROOFING UIlnnlmmnnml1n1 uIn1 11I111111n 11n1m,L I 1111111n1111n111111111n1mI1n 111111111111uUu Illntnl11 mll •m1111111111 n111mIn11 mIIIllnnn1n1111min1minl mlln Il nlln111n1n n11nn1111mm11111ul1111m11IIIIn11mIIlI.Ill I I IuII IIIII.IIESIMICe111Ie11I'111111.111111III111110 11111111111.1 IIIIIn11mIIuI11mIn1111111n1111111mnIUUI11m1111111111u 111n1111n11I1111111minllnl1111ln llnlln11111111111nn1111111111 PIi iI111111mni nnnlin°inigl1II n111111BI IIIIIIIIIIIIIIIII Ir1111,1lll IlIIU111111IIIIIIII11In u11111111I11111111111011111I1111 jnllI m11III1111°I in nlnli nuIuIuI hII111111I1infIIIItlll°ill In.INm.lm®heamn.m mutsms.ene.l..nenn.11... 1 `I 1 sz 1 ATTIC 1 1 FA al LAP SIDING 1 1 TW. I I 12/ BELLY BAND I I - 12�Iv//1/{ I 1 . 1__ Imo_ 1 1 I I I . . 1L J1- . 1! H 16-0' "1 L J 3 LOFT FLOOR PLAN D2 1/4"=1'-O" • 3 REAR ELEVATION D1 1/4.=V-O" ELEVATION NOTE, ELEVATIONS ARE FOR REFRENCE ONLY TO SNOW TYPICAL SONG OPR.7Y6 ACIILAL SIDING MO TRIM OPTIONS PER BOLDER OPTION. COMP ROOFING ]a DYEAFTNMEG FALSE ri111n'YIIIIIrI11r7mnY1111',rIYl1 Y11nIYR111m1lYAIBYIIIIIIP• DORMER.IOPOONt r111rrIn11mll,IIIIJ lllmnr'rinr1111Bnmm11B o-- , 1 reran 1IIIII n Ii IIITC1Irr11111...,ur I1 rs11611111 nn171nLBm1 mini'11�'" 111!:n1I111111IIIIMI CBnIn11111Mu1rEBIRSI nh]ul,n11111111L■11r!1111^" 1ulcvm nnr�nn.mnnnlnl■nunniknn11lm 11urna1 Yulo- i 2 111 211 1 2unurmn:nmrnn,rlurMUlnnulm;r.,,- , Q1lIIIII lEiIIIi lIIIn11L11111Tm'1INI/111. -1�1 1111 nwiln1111BnnB11111I11111V•. iliiullniuml�m11111I111r°.111111111''■r1!.'■�' I11 ^ 4111111211 1111111 umnln111P" ammosmnsulsommo LAP BIDING- Y TYP. ] BELLYBAND- 1 I:Mr1ro:I�ln IIIIr111111 Op'llmt.ItJIrll - llrinllr'Illirlll/1111L111n r1111711117mL1n m1nm11Rr11mmunnn17u1111 M110,• BUILT-UP CIX.UM I _ E, — • • _ IJII` till. II 0 RIGHT ELEVATION 1 12 ..�� —,s OGMP i ROOFING "V Iln7mnn111711111m111m7nn111n 1n11111allnlrlm. 3 DVEAFRAMED FALSE \ •LYIIIIIIIn1111111111111IMISI O'1111811111un11'llllrn11, DORMER,(OPIIDNt gooioilillillii '11111118111111 n1m11B171BMmu�,mnnunBlundiJm11111Enn'rnovu "m11111111m11111m 1111111111 r 11111111 2 11111 1I1111Cn1111111',nln E1:111ll .nlN111A111111111111111111111 rnn111111r1111C111111111n1111.!11111 Gum11n111mummolmnnmintra ma�eulnnllnulnw -'411111!11111111111E1111111111111111121111122111111112. 1 �lnnnlBnmttm171nnn111nn11nnn 11ul nurnnl ram nunm nrmunl� Br1111:rm1!1111111111 X11111111111111 "m111N 1 1111 51 l I O1nBM 1 -117111111 uLlilnml 1111111111 1111 IOr1a 11111.1 411nr11n111 7 1 7 111I 111111 BIIIIn11111!1111111 r. 11111111111111[11111 r111rpn111111111nf11111,�14 1-.1511111111111111 11111► fella 11IILIII11rl11111n1:1m1 rn1Er1111118O111 1711 I lIn1111111111n11. 111 1111:11n[111m11wlliLllwunlLLUnnucn -m�71tlIaBh lL.I LAP Sl NG BELLY BAND • BILT•OP COLUMN 1111111111=1I11 ' LEFT ELEVATION � tl4•=l-0• J . • • . I 7" • . ^ ... .„. . e • • •I . , Itt. .. . . . • ' 1. . .... - Wk. ... ..- , •• / Zia . -- 1 .0, , /• I' l. _..• '0.'‘ , '7 •'!..„ . , . . NI . • . .._ -- __. Ill III 1 ill --*- -1 I ■,I1,! Ilh i •...,Ir.4': 's- • I •., . ill'* ral ! I ., NI ill . l':11 •-- ._________ ,. , . ,..$41■ iii■ 1111 . ..Lfrril 77- 1 . . . -•'•-r• , _ . ......_. . . 1 I 'ill I 1 i . , I . NpARI O - ..., ..,...•• ... IN • 1. ,4, ,, , iliiS S5E ' . .,. . . . ___ i , V MEET ■ 1 , , / • :. MO•• •••• 'II 1 .Eq • •••• •••• i ,I 41/4 , \ : ,0 1 4 ,........■,, ..., (( • . 'A. . ......... 01 1 - aril 4 t., 2111111116. 2 411. ...1, .. 1 ., ri . _ . - ,N . . 41.m . t 111 , . I . i Y . , M . , ...,. . .. , X 1 03 .... 71 •• • M r -.1...-..ij--- 4111111111111r 411111111 H f „ , . . _ ,,,,,,,,,,..„-. . 11111 1 a \'4 4 ■ -�� ”„ 1 \ ,,. • ' . 11-,,,.. . 4 ; • 'AI:, .... ... 4 „, f 1 i ' • '':1 0 111 i S « }7nr 1.Q' I !� i�; i' 7,• �y _ -_ 1 '.. , f,•� \ ,� ^FAMY�1 .» C s .>K SUBMITTAL INSTRUCTIONS This form must be submitted to DLCD at least 35 days prior to the first evidentiary hearing. per ORS 197.610,OAR Chapter 660,Division 18 and OAR Chapter 660,Division 25 1. This Form 1 must be submitted by a local jurisdiction. Individuals and organizations may not submit a comprehensive plan amendment for review or acknowledgment. 2. When submitting a plan amendment proposal,please print a completed copy of Form 1 on light green paper if available. 3. Text: Submittal of a proposed amendment to the text of a comprehensive plan or land use regulation must include the text of the amendment and any other information necessary to advise DLCD of the effect of the proposal. "Text" means the specific language proposed to be amended, added to or deleted from the currently acknowledged plan or land use regulation. A general description of the proposal is not adequate. Please submit Form 1 with ALL supporting documentation. 4. Maps: Submittal of a proposed map amendment must also include a map of the affected area showing existing and proposed plan and zone designations. The map must be legible, in color if applicable and printed on paper no smaller than 81/2 x 11 inches. Please provide the specific location of property: include the site address (es) and Township/Range/Section/tax lot number. Include text regarding background,justification for the change, and the application if there was one accepted by the local government. 5. Exceptions: Submittal of proposed amendments that involve a goal exception must include the proposed language of the exception. 6. Unless exempt by ORS 197.610(2), proposed amendments must be submitted to DLCD's Salem office at least 35 days before the first evidentiary hearing on the proposal. The 35 days begins the day of the postmark, or, if submitted by means other than US Postal Service, on the day DLCD receives the proposal in the Salem Office. The first evidentiary hearing is typically the first public hearing held by the jurisdiction's planning commission on the proposal. 7. Submit one paper copy of the proposed amendment including the text of the amendment and any supplemental information and maps (for maps see#4 above). 8. Please mail the proposed amendment packet to: / ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 9. Need More Copies? Please print forms on 8% x11 green paper if available. If you have any questions or would like assistance, please contact your DLCD regional representative or contact the DLCD Salem Office at(503) 373-0050 x238 or e-mail plan.amendments(a,state.or.us. http://www.oregon.gov/LCD/forms.shtml Updated February 14,2012