Planning Commission Packet - 10/28/1980 POOR QUALITY RECORD
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is
AGENDA
TIGARD PLANNING COMMISSION
OCTOBER 28, 1980 - 7:30pm
FOWLER JUNIOR HIGH - LECTURE ROOM
10865 SW Walnut Street, Tigard
1. Open Meeting
2. Roll Call:
3. Approval of Minutes From Previous Meeting:
4. Planning Commission Communication:
5. Public Hearing:
A. Staff Report
B. Applicant's Presentation
C. Public Testimony
1. Proponent's
2. Opponent's
3. Cross-Examination
D. Staff Recommendations
E. Commission Discussion and Action
5.1 ZONE CHANGE PLANNED DEVELOPMENT DISTRICT, ZCPD 13-80 (Kittleson/Brown
General Plan Review) NPO #5
5.2 ZONE CHANGE PLANNED DEVELOPMENT DISTRICT, ZCPD 25-79 (Clyde Jacobsen
General Plan Review) NPO #5
5.3 CONDITIONAL USE, CU 13-80 (Richard Sturgis) NPO #1
5.4 VARIANCE, V 13-80 (Farmer's Insurance-Street Width) NPO #4
5.5 MISCELLANEOUS, M 7-80 (Robert Randall Sensitive Lands Permit) NPp #1
5.6 Adoption of ZOA 7-80 (Planned Development Ordinance - Chapter 18.56)
5.7 Adoption of ZOA 8-80 (Amendment of Chapters 18.32 & 18.40/C-4 & CP Zones)
6. Old Business:
7. New Business:
8. Other Business:
MISCELLANEOUS: Frank Currie - Zero Foot Floodway
STUDY SESSION: ZOA 2-80 (A-12 , A-20, A-40)
ZOA 9-80 (Site Design Review-Chapter 18.59)
9. Adjournment
MINUTES
TIGARD PLANNING-COMMISSION
October 28, 1980
Fowler Junior High — Lecture Room
10865 SW Walnut Street, Tigard
In the absence of President Tepedino, Vice president Speaker
called the meeting to order at 7:35 p.m. and presided throughout
the meeting.
ROLL CALL:
Present: Bonn, Funk, Helmer, Herron, Kolleas, Speaker. Moen
arrived a little late.
Abthent: Tepedino
Vacant: One seat
Staff: Howard, Newton
The MINUTES of the September 16 meeting were considered, and
on motion of Kolleas, seconded by Helmer, they were approved as
submitted.
The only COMMUNICATION was a letter from NPO #4, considered
under new business.
president Speaker read the usual notice of authority for and
procedure to be followed in the meeting, and thereupon opened the
PUBLIC HEARINGS portion of the meeting.
n1
5.1 ZONE CHANGE PLANNED DEVELOPMENT DISTRICT, ZCPD 13-80
(Kittleson/Brown General Plan Review) NPO #5
A request by Raymond J. Kittleson & Milton 0. Brown for a
General Plan Review for a Planned Unit Development in a
"Light Industrial Zone" and "Zone Map Amendment for
A) R-7 "Single Family Residential" to M-3PD "Light Industrial
Zone Planned Development District" on Wash. Co. Tax Map
251 1, Tax Lot 1400; B) M-3 "Light Industrial Zone" to
M-3PD "Light Industrial Zone Planned Development District"
on Wash. Co. Tax Map 2S1 12A, Tax Lot 700 and Tax Map
2S1 12BA, Tax Lot 100.
Howard read the STAFF REPORT and RECOMMENDATIONS.
The APPLICANT'S PRESENTATION was made by Mike Shepherd, realtor,
16823 SW Canyon Road, Portland, He discussed Condition No. 3 calling
for half street improvements to Bonita Road, suggesting that because
of the state of development in the area, a nonremonstrance agreement
might be more appropriate and more efficient. Also with regard to
Condition No. 1 calling for dedication of 13 acres of greenway to the
Mak
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TIGARD PLANNING COMMISSION
October 28, 1980
Page 2
city, he pointed out the applicant does not yet have full ownership
beyond the first phase, and accordingly felt it would be inequitable
to have to buy all the greenway in order to dedicate it to the city
before he had a cash flow to help finance his purchase.
Mr. Shepherd called attention to the temporary variance (discussed
previously with the Planning Director) for the cul-de-sac which is
800 feet long. Ultimately the street_would make connection with other
streets in the area--a virtual precondition for Phase II.
Charles Hagel of Hegel & Associates, 7035 SW Hampton, architect
for the project, briefly discussed Phase Il.
There was no PUBLIC TESTIMONY.
CROS-EXAMINATION AND REBUTTAL: Speaker inquired of Shepherd
what use the applicant could make of the greenway if it were not dedi-
cated to the city. He said it would be developed for use by the
tenants of the development, and could in this manner enhance the secur-
ity of the development. On being asked, Howard explained the longer-
range plans for development for use by all the area's residence,
particularly in the apartment across Fenno Creek.
Bill McMonagle, engineer for the project, 8905 SW Commercial
Street, suggested dedication of the greenway should be in proportion
to the development of the property.
Funk inquired about the type of tenants contemplated, especially
in view of the parking configuration and building layout. It was
stated the large semis would not be an important factor in the traffic
contemplated. Speaker inquired of staff whether dedication by phases
was acceptable, and Howard stated it was. There was discussion by
Funk, McMonagle and Howard about the future of the greenway and the
city's capacity to develop and/or care for a park here. McMonagle
indicated no opposition on the part of the developer to dedication by
phases.
COMMISSION DISCUSSION AND ACTION:: Helmer felt dedication by
phases was satisfactory, but that the half street improvements should
be required. Bonn inquired if there would be grade changes in Bonita
Road in this area. Howard said no, because that would require a new,
costly bridge over the creek. He outlined the developments, present
and under way, and the prospects for an LID. Moen brought up the
cul-de-sac variance. Howard suggested that since the fire marshall
had reviewed it and agreed there was space to turn the truck around,
the commission could grant the variance (considered temporary because
Phase II will some time be developed) as part of the PD process. He
suggested the following for Condition No. 1:
471
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TIGARD PLANNING COMMISSION
October 28, 1980
Page 3
"A metes and bounds legal description of lands within
the 100 year flood plain along Fanno Creek should be
prepared. This land should be dedicated to the city's
open space. As development in phases takes>.place the city
shall negotiate the development of the greenway. Reference
shall be made to the Park Board's decision on development."
Bonn MOVED approval of ZCPD 13-80 based on staff findings and
recommendations, with Condition 1 to read as given above, and with the
addition of Condition 15 as follows: "A temporary variance to permit
an approximately 800 foot cul-de-sac shall be granted under the PD
ordinance." The' motion was seconded by Helmer and carried unanimously.
5.2 ZONE CHANGE PLANNED DEVELOPMENT DISTRICT, ZCPD 25-79
(Clyde Jacobsen General Plan Review) NPO #5
A request by Clyde V. Jacobsen for a General Plan Review
with Zone Map Amendment from M-3 "Light Industrial" use
to M-4 "Industrial Park" located at two hundred and fifteen
(215) feet South of SW Bonita Road on SW 74th Avenue
(Wash. Co. Tax Map 2S1 12A, Tax Lot 900) .
Howard read the STAFF REPORT and RECOMMENDATIONS. He explained the
reason for the nonremonstrance agreement requirement, outlining the
development foreseeable and the reason for opting for an LID on the
whole of 74th rather than constructing the street piece by piece.
The APPLICANT'S PRESENTATION was made by Lynn Smith, architect,
L1001 SW Altadena, Portland. He explained their request at the prelim-
inary level included a request to build partly on piling over a small
portion of the flood plain. In the meantime the Corps of Engineers
report indicates a lower elevation for the 100 year flood in this
location, which puts the site of the building out of the flood plain.
He wondered why another hearing was necessary under the circumstances.
On being asked, he affirmed the developer agreed with the conditions
recommended by staff.
There was no PUBLIC TESTIMONY, nor CROSS-EXAMINATION AND REBUTTAL.
COMMISSION DISCUSSION AND ACTION: After briefly recalling the
circumstances of the previous ,preltminary hearing, Funk MOVED approval
of ZCPD 25-79 at the General Plan Review level, based on staff findings
and recommendations. The motion was seconded by Kolleas and carried
unanimously.
MINUTES
TIGARD PLANNING COMMISSION
October 28, 1980
Page 4
5.3 CONDITIONAL USE, CU 13-80 (Richard Sturgis) NPO #1
A request by Richard Sturgis for a Conditional Use to
construct an 84 unit, three (3) story, Senior Citizen
Living Facility located at 1333:5 ,SW Hall Blvd. (mash.
Co. Tax Map 251 2DA, Tax Lot 702) .
Howard read the STAFF REPORT and RECOMMENDATIONS, and called atten-
tion to a letter enclosed with the packets from NPO #1.
The APPLICANT'S PRESENTATION was made by Dick Sturgis, A.I.A. ,
2216 SW Sunset Blvd., Portland. He considered each finding of fact in
the staff report in turn: he asserted this parcel is above the 100
year flood level and should be properly considered as buildable;
he had applied for a sensitive lands permit earlier in the day; there
is an apparent error in the staff's calculation of parking spaces
outside of the floodplain; and he had had a conversation with Joe
Greulich, and he indicated no serious objection by the fire district
to the plan outlined.
PUBLIC TESTIMONY, all in opposition, was given by -•--
*** Mrs. Paul E. Johnson of SW Hill Street opposed the project
on several grounds, including her conviction three stories is too high
for the location.
*** Gary Chamberlain, 8825 SW O'Mara, voiced concern the traffic
which would be introduced to Hall Boulevard at a poor location for an
intersection would prove a hazard.
CROSS-EXAMINATION AND REBUTTAL: N. G. Nelson, 13335 SW Hall
Blvd. , owner of and resident on the property, stated there is no prob-
lem of run-off on the property. He described the vertical distances,
asserting the building area is seven feet above the flood stage.
John Butler, secretary of NPO #1, told of two NPO meetings and a
neighborhood meeting which were held to consider this project. It was
the feeling this was too intense a use for the size of the parcel.
Norman Lee, an associate of the applicant and an owner of two
small facilities of the type contemplated, explained in some detail
the type of tenants which would occupy the facility. He told the econom-
ics of such facilities, stating he felt the optimum size would be
about 100 tenants. Since the residents would be ambulatory and not
nursing cases, there could be a minimum staff. Nevertheless the state
requires at least a licensed practical nurse to administer such a
facility, and these are very difficult to hire.
COMMISSION DISCUSSION AND ACTION: In general the commissioners
agreed the facility would meet a real need for housing which is not
y'.
MINUTES
TIGARD PLANNING COMMISSION
October 26, 1980
Page 5
very well met in our area, and agreed the location with respect to
transportation, proximity to the business district and the new senior
center is good. However they expressed several concerns: the insti-
tutional appearance of the preliminary sketch of the building; the lack
of circulation on site; the lack of parking spaces according to code;
the height of the building; the lack of a sensitive lands permit;
and the intensity of the development. There was discussion with staff
on how to bring this back after the concerns of the commission had been
properly addressed, and Howard suggested tabling. Speaker suggested
to Mr. Sturgis he consider the not-yet-adopted draft of the Planned
Development Ordinance as a guide to the type of information needed
by the commission in order to reach a good decision in such a case.
Bonn MOVED Conditional Use CU 13-80 be tabled. The motion was
seconded by Helmer and passed, with Funk voting no.
At 9:30 the president declared a ten-minute recess.
5.4 VARIANCE, V 13-80 (Farmer's Insurance-Street Width) NPO #4
A request by Glenn E. Chilcote & Assoc. for a Variance in
minimum street width requirement located at 13333 SW 16th
Parkway (SW 70th Avenue from Hampton Street south) (Wash.
Co. Tax Map 2S1 1DA, Tax Lots 500, 600, 700).
Howard read the STAFF REPORT and RECOMMENDATIONS.
The APPLICANT'S PRESENTATION was made by Glenn E. Chilcote,
architect, of 510 SW 4th, Lake Oswego. He explained the nature of the
facility contemplated as a drive-in center where motorists could come
to get an estimate on automobile repairs, rather than having to go to
two or three places to get bids for repairs. He estimated no more than
25 customers per day, and no more than 25 employees at any time. He
explained that it is at this time impossible to get additional right of
way for this street, because it is already fully developed on both
sides. He had no objections to the conditions in the staff recommendation.
PUBLIC TESTIMONY in opposition was presented by ---
*** Eldon A. Hoekstra of the adjoining Portland Federal Employees
Credit Union, who objected to the addition of another business entrance
onto SW Hampton at this point, pointing out that both the Commerce
Plaza and the Credit Union entrances flank the proposed street inter-
section. He expressed concerns about possible damage to their land-
scaping, and about drainage.
*** John Cox of NPO #4, who questioned the advisability of building
a street just to serve one small facility, pointing out this proposed
MINUTES
TIGARD PLANNING COMMISSION
October 28, 1980
Page 6
five thousand square foot building is surrounded by very much larger
buildings. He felt this would be detrimental to existing surrounding
developments.
In CROSS-EXAMINATION AND REBUTTAL, Mr. Chilcote told of the
alternatives which had been considered to the entrance onto Hamilton,
the most viable of which would be to have access through the parking
lot of Farmers Insurance Company. He felt this would be wholly imprac-
tical from a safety standpoint. He pointed out Farmers Insurance
would pay for the street development, and that the developed street
would look much better than what exists there now.
COMMISSION DISCUSSION AND ACTION: The commissioners had no
problems with the request, but wanted the sidewalk on the east side
of the street. Thereupon Moen MOVED approval of Variance V 13-80,
based on staff findings and recommendations, with the addition of
Condition No. 3 as follows: "A four foot sidewalk shall be constructed
on the east side of the street." Helmer seconded the motion, which
carried unanimously.
5.5 MISCELLANEOUS, M 7-80 (Robert Randall Sensitive Lands
Permit) NPO #k
..
A request by the Robert Randall Co. tc� alter the 100 ear
y
floodplain along Fanno Creek by the addition of approxi-
mately 70 square yards of fill on 4,000 square feet to the
rear of two existing warehouses. Area to be used for
extensions of driveways. The location is 8900 SW Burnham
(Wash. Co. Tax Map 2S1 2DB, Tax Lot 200 and Wash. Co. Tax
Map 2S1 2AD, Tax Lot 2200).
Howard read the STAFF REPORT and RECOMMENDATIONS.
The APPLICANT'S PRESENTATION was made by John Gibbon, staff attor-
ney for Robert Randall Company, 15280 SW 100th, Tigard. He presented
a large scale plan of the property and the buildings present and
proposed.
PUBLIC TESTIMONY in opposition was presented by --A
*** Mrs. Paul Johnson, who read a letter written by her husband
who was unable to be present. In it Mr. Johnson suggested that if the
proposed building extensions were a little shorter, there would be no
need to encroach on the floodplain at all. Mrs. Johnson expressed
great concern that the floodplain be preserved intact.
*** John Butler, 9760 SW 0*Mara, who referred to a letter from
MINUTES
TIGARD PLANNING COMMISSION
October 28, 1980
Page
him which was distributed in the packets. He was concerned that if the
public good dictated a modest fill in the floodplain, there should be
compensating cut so the flood-carrying capacity of the greenway is
maintained.
*** Ron Stark, 9340 SW Hill Street, who exp eased concern because
he feels this is one of the narrowest spots in the greenway.
CROSS-EXAMINATION AND REBUTTAL: Mr. Gibbon stated their designer
calculated the building extension to make a viable, rentable addition.
He refuted the suggestion by an opponent that it looked like parking
space. ; He called attention to the dedication of greenway, which will
greatly implement the proposed park plan, but cautioned that the ..
installation of the park will bring inevitable changes in the present
wildlife in the area. The Randall Company would be agreeable to
removing a volume of earth in the floodplain equal to the fill they
Will add.
Speaker inquired the amount of dedication (over four acres) and
the amount of fill (maximum of seven inches fill over 4,000 square
feet of floodplain, which is at the top of the 100-year flood elevation).
Mr. Gibbon stated there were those in his company who are very much
opposed to the dedication of this amount of land to the city.
COMMISSION DISCUSSION AND ACTION: Funk felt there was no need to
extend the building so the drive would have to encroach on the flood-
plain. Moen questioned certain physical aspects of the proposal.
Bonn carefully examined the proposal on a large plan of the area.
Helrifer declined comment because his wife is employed by the Randall
Company. Kolleas commented on the trade-off aspects of the request,
suggesting it looks like blackmail. It was humorously suggested either
side could be the "blackmailee►', depending on the point of view.
Howard explained the financial resources of the Park Board for such
acquisitions are nonexistent, and their desire to obtain greenway
land for park development.
Bonn compared the trade-off of 4.1 acres of greenway for 4,000
square feet of encroachment, and then MOVED approval of Miscellaneous ;I
M 7-80, Sensitive Lands Permit, based on staff findings and recommenda-
tions. Funk seconded the motion, which carried, with Kolleas voting
no and Helmer abstaining.
5.6 ZONE ORDINANCE TEXT AMENDMENT, ZOA 7-80 (City of Tigard)
A request by the City of Tigard for a Zone Ordinance Amend.- f'
ment for Chapter 18.36 of the Tigard Municipal Code relat-
si
ing to Highway Commercial Zone (C-5) .
MINUTES
TIGARD PLANNING COMMISSION
October 28, 1980
Page 8
Howard recounted the history of this proposed amendment before
the commission, stating there were no significant changes from the
last appearance before the commission. He called particular attention
to the section on density calculations. In this connection Speaker
called attention to the language ",,..,.increase in density above the
number of units allowed in the underlying zone shall be considered"
After a little discussion the "shall" was changed to "may".
Kolleas MOVED that the revised text of the Planned Unit Development
Ordinance be recommended by the Planning Commission to the City Council
for adoption. Helmer seconded the motion, which then carried unanimously.
5.7 ZONE ORDINANCE TEXT AMENDMENT, ZOA 8-80 (City of Tigard)
A request by the City of Tigard for a Zone Ordinance
Amendment for Chapter 18.32 and 18.40 of the Tigard Mun-
icipal Code relating to land use classification system,
maximum lot coverage, and adjustment of landscaping require-
ment in C-4 and C-P Commercial Zones.
Howard reviewed the history of this amendment, calling attention
to previous action on the Highway Commercial Zone with respect to
elimination of provision for maximum lot coverage. He stated the same
rationale for removing lot coverage provisions applies to the Resi-
dential•Commercial zone (C-4) and the Commercial-Professional zone
(C-P) . He termed the removal of maximum lot coverage restriction,
in the latter two zones, in the light of previous action on the
Highway-Commercial zone (C-5) , as merely a housekeeping measure.
Bonn MOVED approval of ZOA 8-80, amendment as submitted to
Chapters 18.32 and 18.40 (C-4 and C-P zones respectively) by the
Planning Commission; and that the commission recommend to the city
council the amendments to these ordinances be adopted. Helmer seconded,
and the motion carried unanimously.
NEW BUSINESS:
*** Howard called attention to the letter dated October 11 from
NPO {}.4, included in the packets, nominating 12 people to be members of
NPO #4. The council the prev::.ous evening approved the list, subject
to similar approval on the part of the planning commission. Kolleas
MO VED approval of the twelve nominees listed in the October 11 letter
to membership of NPO {4• Moen seconded the motion, and it was carried
unanimously.
*** Study session item: ZOA 2-80, Multifamily Residential Zone
(A-12, A-20, A.-40). Howard called particular attention to the A-40
zone and the provision (18.24.150 4)) that "Proposed developments in
this zone shall be reviewed by the appropriate Neighborhood Planning
Organization prior to review by the Planning Commission and City Council."
MINUTES
TIGARD PLANNING COMMISSION
October 28, 1980
Page 9
IIe outlined the steps that will have to be taken before there is any
A-40 development in the city, and estimated a minimum time frame there-
for. He proceeded to explain an objection to Tigard's Comprehensive
Plan by 1000 Friends of Oregon, and objections of several other organ-
izations. He reported LCDC requires a 50-50 mix of single family and
multifamily housing. Tigard is currently running 70-30, and he
predicted "heavy sledding" as a consequence. He reported on annexa-
tion petitions on hand which, when acted upon, will substantially
increase Tigard's population. He predicted as a consequence of LCDC
and its authority over local communities, "There is going to be a very
difficult time in this community--especially for you," because the
necessary comprehensive zone changes to increase density will be
presented first at the planning commission level. He suggested that
when the council has determined how the density issue is to be handled
in the community, there be a joint meeting with the commission and the
council so the commission understands thoroughly the council's wishes.
On this matter, Jim Miller, who attended the NPO #4 meeting,
expressed his strong conviction that much needs to be done to improve
communications with that NPO, since there appears to be some wide
discrepancies between what he understood their feelings to be, and the
perception of staff, for instance.
*** Howard presented a revised text of Chapter 18.59, Design
Review. He recognized it needed to go to the city attorney for
review and possible revision in certain areas, but it will be presented
again to the commission at a later date.
*** Funk expressed acute frutration at the operation of the
signals on Pacific Highway. Howard stated they are under the control
of ODOT, and any complaints should be made to them instead of the city.
He recognized the situation is not good, but at his level he can do
noting but complain, which he has done.
The president declared the meeting ADJOURNED at 11:20.
it
PUBLIC NOTICE
TIGARD PLANNING COMMISSION
OCTOBER 28, 1980 - 7:30pm
FOWLER JUNIOR HIGH - LECTURE ROOM
10965 SW Walnut Street, Tigard
`
5. Public Hearings
5.1 ZONE CHANGE PLANNED DEVELOPMENT DISTRICT, ZCPD 13-80 (Kittleson/Brown
General Plan Review) NPO #5
A request by Raymond J. Kittleson & Milton 0. Brown for a General
Plan Review for a Planned Unit Development in a "Light Industrial
Zone" and "Zone Map Amendment for A) R-7 "Single Family Residential"
to M-3PD "Light Industrial Zone Planned Development District" on
Wash. Co. Tax Map 2S1 1, Tax Lot 1400, B) M-3 "Light Industrial
Zone" to M-3PD "Light Industrial Zone Planned Development District"
on Wash. Co. Tax Map 2S1 12A, Tax Lot 700 and Tax Map 251 12BA,
Tax Lot 100.
5.2 ZONE CHANGE PLANNED DEVELOPMENT DISTRICT, ZCPD 25-79 (Clyde Jacobsen
General Plan Review) NPQ #5
A request by Clyde V. Jacobsen for a General Plan Review with Zone
Map Amendment from M-3 "Light industrial" use to M--4 "Industrial
Park located at two hundred and fifteen (215) feet South of SW Bonita
Road on SW 74th Avenue (Wash. Co. Tax Map 2S1 12A, Tax Lot 900) .
5.3 CONDITIONAL USE, CU 13-80 (Richard Sturgis) NPO #1
A request by Richard Sturgis for a Conditional Use to construct
an 84 unit, three (3) story, Senior Citizen Living Facility located
( . at 13335 SW Hall Blvd. (Wash. Co. Tax Map 2S1 2DA, Tax Lot 702) .
5.4 VARIANCE, V 13-80 (Farmer's Insurance-Street Width) NPO #4
A request by Glenn E. Chilcote & Assoc. for a Variance in minimum
street width requirement located at 13333 SW 68th Parkway (SW 70th
Avenue from Hampton Street south) (Wash. Co. Tax Map 2S1 1DA, Tax
Lots 500, 600, 700) .
5.5 MISCELLANEOUS, M 7-80 (Robert Randall Sensitive Lands Permit) NPO #1
A request by the Robert Randall Co. to alter the 100-year floodplain
along Fanno Creek by the addition of approximately 70 square yards
of fill on 4,000 square feet tothe rear of two existing warehouses.
Area to be used for extensions of driveways. The location is 8900
SW Burnham (Wash. Co. Tax Map 2S1 2DB, Tax Lot 200 and Wash. Co.
Tax Map 2S1 2AD, Tax Lot 2200) .
5.6 ZONE ORDINANCE TEXT AMENDMENT, ZOA 7-80 (City of Tigard)
A request by the City of Tigard for a Zone Ordinance Amendment for
Chapter 18.36 of the Tigard Municipal Code relating to Highway Commercial
Zone (C-5) .
5.7 ZONE ORDINANCE TEXT AMENDMENT, ZOA 8-80 (City of Tigard)
A request by the City of Tigard for a Zone Ordinance Amendment for
Chapter 18.32 and 18.40 of the Tigard Municipal Code relating to
land use classification system, maximum lot coverage, and adjustment
of landscaping requirement in C-4 and C-P Commercial Zones.
TO BE PUBLISHED IN TIGARD TIMES OCTOBER 15, 1980 AND OCTOBER 22, 1980
"PLANNING COMMISSION SIGN—UP SHEET"
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STAFF REPORT
AGENDA 5.1
TIGARD PLANNING COMMISSION
OCTOBER 28, 1980 - 7:30pm
FOWLER JUNIOR HIGH - LECTURE ROOM
10865 SW Walnut Street, Tigard
No submission of additional material by applicant shall be made at the
Public Hearing unless the applicant is requested to do so. Should this
occur, unrequested, the item will be tabled until the following Hearing.
DOCKET: ZONE CHANGE PLANNED DEVELOPMENT DISTRICT, ZCPD 13-80 (Kittleson/
Brown - General Plan Review) NPO #5
APPLICANT: Raymond J. Kittleson and Owner: L. R. Davis and
Milton 0. Brown R. M. Starkweather
Rt. 2, Box 474K 7415 SW Bonita Rd.
La Center, Washington 98629 Tigard, Oregon 97223
REQUEST: For a General Plan Review for a Planned Unit Development in
a "Light Industrial Zone" and "Zone Map Amendment for A) R-7
"Single Family Residential" to M-3PD "Light Industrial Zone
Planned Development District" on Wash. Co. Tax Map 2S1 1, Tax
Lot 1400, B) M-3 "Light Industrial Zone" to M-3PD "Light Industrial
Zone Planned Development District" on Wash. Co. Tax Map 2S1
12A, Tax Lot 700 and Tax Map 2S1 12BA, Tax Lot 100.
LOCATION: 7415 SW Bonita Road (Wash. Co. Tax Map 2S1 1, Tax Lot 1400
and Tax Map 2S1 12BA, Tax Lot 100 and Tax Map 2S1 12A, Tax
Lot 700) .
I. FINDINGS OF FACT:
(Reference ZCPD 13-80)
The original plans have been changed. No parking areas are now proposed
in the floodplain and only one small area of the floodplain is crossed
by a public street. This project has been substantually reduced to Phase I.
Later phases will be brought before the Planning Commission. A Study
Session with the Planning Commission was held on September 16, 1980, at
which time the major concerns of Staff and Planning Commission were discussed.
II. CONCLUSIONARY FINDINGS:
1. Applicant has agreed to develop outside the 100-year floodplain area,
except for a small portion of the public street to serve Phase I.
All land within the 100-year floodplain will be dedicated to the
City for open-space/park purposes.
2. All future developments on these parcels of land shall be brought
before the Planning Commission as Planned Developments. No future
application shall be made until/unless an adequate transportation
system is provided which crosses the two sets of railroad tracks
11
STAFF REPORT
AGENDA 5.1 - ZCPD 13-80
TIGARD PLANNING COMMISSION
OCTOBER 28, 1980
Page 2
to the North and connects with either 72nd Avenue or Wall Street
to Hunziker. The applicant shall prepare the necessary application
to the respective railroads through the Public Utilities Commission
for the State of Oregon. The City may sign the application supporting
the request.
III. STAFF RECOMMENDATION:
Staff recommends approval of Phase I only with the following conditions:
1. A metes and bounds legal description of all lands within the 100-year
floodplain along Fanno Creeek shall be prepared. This land shall
be dedicated to the City of Tigard as open space/greenway/park (Ref.
Tax Map 2S1 1, Tax Lot 1400, Tax Map 2S1 12A, Tax Lot 100, and Tax
Map 2S1 12BA, Tax Lot 700) .
2. All work done within the floodplain shall be approved by the Public
Works Department.
3. Half-street improvements to collector street standards shall be made
to SW Bonita Road across the full length of this property. Particular
fir' attention shall be paid to site distance from the railroad crossings
traveling West on Bonita. A full local street shall be constructed
to serve this phase. A temporary cul-de-sac shall be constructed
as shown on the plans.
4. Project shall be subject to Site Design Review.
5. A letter of approval shall be submitted from the Fire Marshall following
his review of this project.
6 . No Occupancy Permits shall be issued until all conditions placed
upon this development by the City of Tigard have been satisfied and
inspections verifying this have been carried out by the appropriate
department.
7. No changes will be made to approved plans of specifications unless
formal application is made to the appropriate City department, and
changes are approved by that department. Application for changes
will be made in writing and shall include applicable drawings.
8. Grading and construction plans for all work in pubic rights-of-way
and all other public improvements shall be prepared by a registered
professional engineer in accordance with City standards, and shall
be submitted to the Public Works Department for review.
•
STAFF REPORT
AGENDA 5.1 - ZCPD 13-80
`i!IGARD PLANNING COMMISSION
OCTOBER 28, 1980
Page 3
All public improvements will require a Compliance Agreement and must
be (design) approved by the Public Works Department, and must be
either (1) fully and satisfactorily constructed prior to the recording
of any minor land partition, public dedication, final plat or issuance
of Building Permits; or (2) bonded to the City for 100% of the estimated
cost thereof prior to the recording of any minor land partition,
public dedication, final plat or issuance of Building Permits.
9. All existing and proposed utilities shall be placed underground.
Street lighting installations shall be approved by Ile Public Works
Department.
10. A metes and bounds legal description and map shall accompany a dedication
of public rights-of-way, parks, open space or floodplain areas and
shall be prepared by a registered engineer or land surveyorer.
11. All streets and parking areas shall be concrete or asphalt. All
sidewalks shall be concrete.
12. No Building Permits shall be issued until the expiration of the twenty
(20) day appeal period from the date of approval.
13. No minor land partitions shall be made in reference to this project
unless formal application is made to the City of Tigard Planning
Department and the minor land partition is approved and recorded.
14. All future development on these properties shall be reviewed as Planned
Developments before the Planning Commission.
Aldie Howard
Planning Director
AH/ps
L. ■
STAFF REPORT
AGENDA 5.2
a%. TIGARD PLANNING COMMISSION
OCTOBER 28, 1980 - 7:30pm
FOWLER JUNIOR HIGH LECTURE ROOM
10865 SW Walnut, Tigard
No submission of additional material by applicant shall be made at the ,
Public Hearing unless the applicant is requested to do so. Should this
occur, unrequested, the item will be tabled until the following Rearing.
DOCKET: ZONE CHANGE PLANNED DEVELOPMENT DISTRICT, ZCPD 25-79 (Clyde
Jacobsen General Plan Review) NPO #5
APP.LICA,NT: Clyde V. Jacobsen OWNER: Same
15150 NW West Union Road
Portland, Oregon 97229
REQUEST: For a General Plan Review with Zone Map Amendment from M-3
"Light Industrial" use to M-4 "Industrial Park."
LOCATION: Two hundred and fifteen (215) feet South of SW Bonita Road
on SW 74th Avenue (Wash. Co. Tax Map 2S1 12A, Tax Lot 900) .
PREVIOUS ACTION:
On July 17, 1979, the Planning Commission approved a preliminary plan
for this parcel (ZC 25-79PD) . At the same time a Special Use Permit-
;x Sensitive Lands was approved. Applicant is now requesting the General
Plan Review (Ref. P1 7-79) .
I. FINDINGS OF FACT:
See attached reference (ZC 25-79PD, Staff Report dated July 17, 1979) .
Number nine (9) is no longer applicable as the floodplain has been reduced
according to Corps of Engineers' more recent study.
Number ten (10) must be changed to reflect the fact that this structure
will not have an adverse effect on the floodplain.
II. CONCLUSIONARY FINDINGS:
The proposed land use is in conformance with the "Industrial Park" zoning
and designation.
III. STAFF RECOMMENDATION:
Staff recommends approval subject to the following conditions:
1. That five (5) feet of right-of-way be dedicated along SW 74th.
2. That site drainage and construction plans be approved by the Engineering
and Building Departments prior to issuance of Building Permits.
3. That the applicant dedicate to the City that portion of the floodplain
which lies below the 387.2 foot elevation level. A metes and bounds
legal description and map shall accompany a dedication of public
rights-of-way, parks, open space or floodplain areas and shall be
prepared by a registered engineer or land surveyor.
k.
A
STAFF REPORT
AGENDA 5.2 - ZCPD 25-79
c " TIGARD PLANiNING COMMISSION
OCTOBER 28, 1980
Page 2
4. Applicant to sign nonremonstrance agreement for the future improvements
of 74th Avenue. Document to be approved by the Public Works Department.
5. No Occupancy Permits shall be issued until all conditions placed
upon this development by the City of Tigard have been satisfied and
inspections verifying this have been carried out by the appropriate
department.
6. No changes will be made to approved plans of specifications unless
formal application is made to the appropriate City department, and
changes are approved by that department. Application for changes
will be made in writing and shall include applicable drawings.
7. Applicant is to apply for a street opening permit prior to issuance
of a Building Permit.
8. All existing and proposed utilities shall be placed underground.
Street lighting installations shall be approved by the Public Works
Department.
9. All streets and parking areas shall be concrete or asphalt. All
LL sidewalks shall be concrete.
10. No Building Permits shall be issued until the expiration of the
twenty (20) day appeal period from the date of approval.
11. No minor land partitions shall be made in reference to this project
unless formal application is made to the City of Tigard Planning
Department and the minor land partition is approved and recorded.
Aldi:e Howar
Planning Director
AH/ps
C -•• .•
STAFF REPORT
AGENDA 5.6a and $.6b
TIGARD PLANNING COMMISSION
Jul 17 1979 - 7:30 P.M.
Fowler un°oz High - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
DOCKET: Zone Change ZC 25-79PD and Special Permit M 7-79
•
APPLICANT: Mr. Clyde Jacobsen OWNER: same
15150 N.W. West Union Road
Portland, Oregon 97229
APPLICATION DATE: June 5, 1979 •
SITE LOCATION: Two'hundred and fifteen (215) feet South of S.W. 'Bonita Rd •
on S.W. .74th Avenue (Wash. Co. Tax Map 2S1 12A, Tax Lot 900) .
•
REQUEST: For a preliminary plan and program review with a zone map amendment
from a M-3 "Light Industrial" use to M-4 "Industrial Park" and a
Special Use Permit to place piling structure in a portion of the
floodplain on the .90 acre parcel (Wash. Co. Tax Map 2S1- l2A, Tax
Lot 900) '
I. FINDINGS OF FACT: ' •
ti,
... 1. The subject site is presently zoned M-3 "Light Industrial" and is
designated as "Industrial Park" on the NPO #5 Plan.
2. The applicant proposes to construct an industrial facility of approxim-
ately 9,600• sq ft (see attached narrative dated June 4, 1979). The
existing house will be incorporated into the industrial building
structure for office use. The rear portion of the building will extend
above the floodplain on thirteen pilings in the floodplain. The
applicant is requesting the planned development review and special
permit in accordance with Sections 17.56.010(B) and 18.57.040 of the
Tigard Municipal Code.
•
3. Applicable NPO #5 policies for Industrial Development are as follows:
•
"Type of Industrial Zoning for the area" PolicLes 23 and 24 on page 15.
' 4. The subject site consists of a single family house with some vegetation
to the west of the property. The topography slopes from the east to
the west at about a seven percent grade. The 137' contour identifies
the floodplain level (see attached plan) . This contour also identifies
the eastern portion of' the greenway.
5. Applicable policies from the Environmental Design and Open S ace Plan
in reference to the floodplain and greenway area: Policy #3 (page 10) .
Policy #6 (page 11) , and Policy #7 (page 13)
•
ANIMINIMINENI
STAFF REPORT • •
AGENDA 5.6a and 5.6b •
TIGARD PLANNING COMMISSION . t
•July I7, 1979
Page Z ••
6. Surrounding land uses consists of multifamily units to the west across
the greenway, industrial uses to the north and east. To the south is. •
a single family house and vacant property. The surrounding properties
are designated "industrial Park" on the north, east and south. The _
western area across the greenway is designated residential and multi-
family.
7. The subject site is 220 feet south of the existing sewer line on S.W.
Bonita. It is physically possible to install the line and ample
capacity for the service exists. Water service is available to the
site. •
B. Traffic circulation to the property will be served by S.W., 74th which
fronts the subject property. S.W. 74th is a city street and it is
designated as a local street on the NPO #5 Plan. The street is in
substandard condition having inadequate paving width, no curbs or
sidewalks and five additional feet is necessary for street width.
�� The total amount of reduced storage capacity in the floodplain is
fifteen. (15) cubic feet. The area of floodplain that the pilings
will occupy is the storage area where no water flow will.be affected.
(see attached special use application for details)
10. The project will extend into the greenway. The structures will
cause some displacement and interference of the water surface.
II. CONCLUSIONARY FINDINGS: '
1. The proposed land use is in conformance with the "industrial Park"
zoning and designation. '
2. The encroachment into the greenway area is in violation of Policy #7
(page 13) of the Environmental Design and Oven Space Plan
. • 3. The structures in the floodplain will displace the flood level . .
capacity and may cause turbulent water flow.
III. STAFF RECOMMENDATION: '
Staff recommends denial of the preliminary plan and special use permit
for the following reasons: I
1,. The .structures • into the greenway and floodplain will have a negative
effect on flood level water storage.
• 2. The structure is encroaching into the greenway which violates the rA
. City's Open Space Ordinance,
Report prepared by: Ken lby Report reviewed by: Al•1 , 'ward
Asa ate City Planner' P 'd ni Director
. . .
• . r
I
STAFF REPORT
AGENDA 5.3
TIGARD PLANNING COMMISSION
OCTOBER 28, 1980 - 7:30pm
FOWLER JUNIOR HIGH - LECTURE ROOM
10865 SW Walnut Street, Tigard
No submission of additional material by applicant shall be made at the
Public Hearing unless the applicant is requested to do so. Should this
occur, unrequested, the item will be tabled until the following Hearing.
DOCKET: CONDITIONAL USE, CU 13-80 (Richard Sturgis-Senior Citizen Living
Center) NPO #1
APPLICANT: Richard N. Sturgis OWNER: Same
2216 SW Sunset Blvd.
Portland, Oregon 97201
REQUEST: For a Conditional Use in an R-7 Zone for a Senior Citizen Living
Center on 1.6 acres in NPO #1
• LOCATION: 13335 SW Hall Blvd. (Wash. Co. Tax Map 2S1 2DA, Tax Lot 702)
PREVIOUS ACTION:
None
4.. STAFF COMMENTS:
This entire parcel is shown on the Comprehensive Plan as a "greenway" 4!
area. A portion of the parcel is buildable, however, the seasonal concentration b!
of water in Fanno Creek prohibits any changes in the floodplain at this
location. Applicant is proposing to provide twelve (12) parking spaces
in the floodplain. No Sensitive Lands Permits have been applied for.
Eighty-four (84) units are proposed on 37,000 square feet. The code
requires one (1) parking space per two beds (84 beds = 42 parking spaces) .
The site plan shows the 12 in the floodplain which staff does not support,
leaving 27 spaces. The applicant has pointed out that the elderly persons
living in this facility will not drive, therefore the parking could be
reduced. Employee parking has not been addressed.
i
Another major concern is emergency vehicle (aid unit) access. The kitchen
area is in the rear of the building. No driveway circles the building.
Staff's attitude is that the proposed use is more than the site can support.
•
I. FINDINGS OF FACT:
.1. The Comprehensive Plan shows this parcel in the greenway along Fanno
Creek. The Park Board has designated the floodplain alone Fanno
Creek between Main Street and Hall Blvd. as park project area.
2. For any activity in a sensitive land area, a Sensitive Lands Permit
must be applied for. No application has been made,
STAFF REPORT
AGENDA 5.3 - CU 13-80
TIGARD PLANNING COMMISSION
OCTOBER 28, 1980
Page 2
3. The building as proposed exceeds the height allowed. No variance
has been applied for.
4. The Code requires 42 parking spaces. 27 spaces are out of the floodplain.
Insufficient parking is provided.
5. NPO #1 concerns suggest a less intense use of this parcel.
6. Adequate emergency vehicle access is not provided.
II. CONCLUSIONARY FINDINGS:
1. Proposed use exceeds the capacity of the area.
2. Reference ORB park plan. Environmental and Open Space Plan for details
supporting use of a portion of this property.
III. STAFF RECOMMENDATION:
Staff recommends denial of this Conditional Use for the following reasons:
1. Inadequate parking.
2.: Inadequate emergency vehicle access.
3. Not enough land area to support the proposed use for 84 units.
4. No height variance requested.
5. No Sensitive Lands Permit requested.
/ N
die Howa
Planning Director
AH/ps
STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
OCTOBER 28, 1980 - 7:30pm
FOWLER JUNIOR HIGH - LECTURE ROOM
10865 SW Walnut, Tigard
No submission of additional material by applicant shall be made at the
Public Hearing unless the applicant is requested to do so. Should this
occur, unrequested, the item will be tabled until the following Hearing.
DOCKET: VARIANCE, V 13-80 (Farmers Insurance) NPO #4
APPLICANT: Glenn E. Chilcote & Assoc. OWNER: Farmers Insur. Group Holding Co.
910 Fourth Street 13333 SW 68th Parkway
Lake Oswego, Oregon 97034 Tigard, Oregon 97223
REQUEST: For a Variance in minimum street width requirement.
LOCATION: 13333 SW 68th Parkway (SW 70th Avenue from Hampton Street
south) (Wash. Co. Tax Map 2S1 1DA 500, 600, 700)
PREVIOUS ACTION:
On September 9, 1980, the Planning Director approved the Site Design
Review for a Drive-In Claims Office on the site. A condition for approval
of site design review was that the applicant apply for a variance allowing
70th Street to be constructed at a narrower width than City standards
allow.
I. FINDINGS OF FACT:
Chapter 18.76.020 Granting Conditions of the Tigard Municipal Code allows
a variance if the following conditions are met:
1. Exceptional or extraordinary conditions applying to the property
that do not apply generally to other properties in the same zone
or vicinity, which conditions are a result of lot size or shape,
topography, or other circumstances over which the applicant has no
control;
2. The variance is necessary for the preservation of a ,property right
of the applicant substantially the same as is possessed by owners
of other property in the same zone or vicinity;
3. The authorization of the variance shall not be materially detrimental
to the purposes of this title, be injurious to property in the zone
or vicinity in which the property is located, or be otherwise detrimental
to the objectives of any City development plan or policy;
4. The variance requested is the minimum variance from the provisions
and standards of this title which will alleviate the hardship.
i,
STAFF REPORT it
AGENDA 5.4 - V 13-80
TIGARD PLANNING COMMISSION f?
OCTOBER 28, 1980
Page 2
J
A
II. CONCLUSIONARY FINDINGS:
The subject site is essentially a land locked parcel, the only access
being the proposed thirty (30) foot right-of-way. On either side of
the thirty (30) foot right-of-way are fully developed lots. A variance
in the pavement width will allow for curbs, sidewalks, and a landscaped
strip between the developed parcels and the proposed access street.
III.. STAFF RECOMMENDATION:
Staff recommends approval of this Variance with the following conditions:
1. "No Parking Signs" should be posted on both sides of SW 70th.
2. The proposed plans shall be reviewed and approved by the Fire Marshall.
O
Pre. red by Eli, J4/7'17
th Newton Approved by Aldie Howard
Special Assistant to the Planning Planning Director
Director
EN/ps
9
STAFF REPORT
AGENDA 5.5
TIGARD PLANNING COMMISSION
OCTOBER 28, 1980
FOWLER JUNIOR HIGH - LECTURE ROOM
10865 SW Walnut, Tigard
No submission of additional material by applicant shall be made at the
Public Hearing unless the applicant is requested to do so. Should this
occur, unrequested, the item will be tabled until the following Hearing.
DOCKET: MISCELLANEOUS, M 7-80 (Robert Randall Co. Sensitve Lands Permit) NPO #1
APPLICANT: The Robert Randall Co. . OWNER: Same
9500 SW Barbur #300
Portland, Oregon 97129
REQUEST: To alter the 100-year floodplain along Fanno Creek by the addition
of approximately 70 cubic yards of fill on 4,000 square feet
to the rear of two existing warehouses. Area to be used for
extensions of driveways.
LOCATION: 8900 SW Burnham (Wash. Co. Tax Map 2S1 2DB, Tax Lot 200 and
281 2AD, Tax Lot 2200) .
PREVIOUS ACTION:
A Conditional Use (CU 2-74) was approved by the Tigard Planning Commission
for construction of three (3) mini-warehouses on this site.
•
An application for additional uses was filed in March of 1975 (CU 7-75) .
Staff recommended denial of the request, but asked that storage be allowed
in Building's A and B required conditions on Building C (See Exhibit A
and B) . The Planning Commission denied the request for an additional
Conditional Use but supported the Staff Recommendations on May 20, 1975 .
Conditional Use (CU 24-76) allowed an uphostery shop on the site.
Conditional Use (CU 38-77) was approved to allow electronic's assembly
on this site. In this case, the Planning Commission established certain
criteria for each operation wishing to locate on this site. Staff has
used this criteria in each instance when a new tennant applies for a
Business License (See Exhibit C) .
Conditional Use (CU 6-79) was approved on April 3, 1979 to allow operation
of a wood assembly, chemical lab, mechanical repair, metal manufacturing
plaster printing, electrical assembly and machine shop on the site.
On December 5 , 1979, the Planning Director approved a Site Design Review ,
(SDR 52-79) on the site.
Conditional Use (CU 4-80) to allow for Recreational Vehicle Storage on
the site was denied on June 23, 1980.
41
,;
STAFF REPORT
•
AGENDA 5.5 - M 7-80
TT_GARD PLANNING COMMISSION
OCTOBER 28, 1980
Page ?_
I. FINDINGS OF FACT:
major portion of the Fanno Creek floodplain area between Main Street
1. A ) p plans and Hall Blvd. has been designated for a nark. Currently, p ,
are being prepared by the ORB Group under the direction of Jerry
Dragoo.
2. A portion of land proposed for this use has been designated in the
Environmental Design and Open Space Plan as "Greenway:" Policy
#7 of this Plan states; "Retain the 100--year floodplain of Fanno
Creek, its tributaries and the Tualatin River as an open preserve
(Greenway) . The Greenway shall be established as the backbone of
i.e. , adjacent residential development, the Greenway should be developed
for passive recreation and pedestrian/bike travel."
•
3. Ordinance 79-73 defines Greenway (See Exhibit D) .
4. Applicant has agreed to dedicate a certain portion of the floodplain
to the City (See site plan) .
II. CONCLUSIONARY FINDINGS: i'
.. N 1. Area has been designated "Greenway" along the 100-year floodplain
elevation. 'i
2. A major downtown park area is planned; a portion of this land is
included in this plan.
3. The Tigard Senior Citizen Center will be constructed to the south
east of this property across Fanno Creek.
4. The Park Board has recently considered a policy which in effect
establishes a "tradeoff" for a sell encroachment into the floodplain
for dedication of park land to the City. In this case it seems
reasonable to assume that this policy should be upheld as the applicant
will dedicate a portion of floodplain to the City for a park in
exchange for a small amount of driveway extension.
III. STAFF RECOMMENDATION;
Staff recommends approval with the following conditions: •
•
1. All land not used for the extension of driveway which is within
the 100-year floodplain along Fanno Creek shall be deeded by quit
claim deed to the City. A metes and bounds legal description and
map shall accompany a dedication of public rights-of-way, parks,
open space or floodplain areas and shall be prepared by a registered
engineer or land surveyorer.
STAFF REPORT
AGENDA 5.5 - M 7-80
TIGARD PLANNING COMMISSION
OCTOBER 28, 1980
Page 3
2. A cyclone fence shall be installed along the entire Southern property
line with appropriate landscaping to the approval of the Planning
Director.
3. A nonremonstrance agreement for the future improvement of SW Burnham
Road shall be signed prior to the issuance of Building Permits.
4. No Occupancy Permits shall be issued until all conditions placed
upon this development by the City of Tigard have been satisfied
and inspections verifying this have been carried out by the appropriate
department.
5. No changes will be made to approved plans of specifications unless
formal application is made to the appropriate City department, and
changes are approved by that department. Application for changes
will be made in writing and shall include applicable drawings.
6. All existing and proposed utlities shall be placed underground.
Street lighting installations shall be approved by the Public Works
Department.
7. All conditions placed on this project by the Fire Marshall will be
met prior to the issuance of Occupancy Permits.
8. Buildings shall not be constructed over Tigard Water District lines.
A letter of approval shall be received by the Planning Director
from the Tigard Water District prior to the issuance of a Building
Pe rmi t.
,/j. • / 0 0 I .
Aldie Howard
Planning Director
AH/p s
T
., y
k ( ";604.44.:Z1 ,
(Security Storag() (
• A T.4/
STAFF RECOMMENDATION:
,(f.l....e.( O: 1 Jj E ,.., .„
k Denial of the conditional use request, but allowing storage as a
conditional use in buildings A and B (the smaller ones) only, and
requiring the following conditions to be met by the occupant Of
building C. .
1) No less than 1500 sq. ft. of contiguous floor area may be
leased to any one tenant.
2) No more than 20 tenant spaces may be leased or used concurrently.
3) The maximum floor area employee/floor area ratio shall be one
employee (occupant) per 600 sq. ft. of gross leased floor area.
4) No fire wall shall be penetrated by doorways, ventilation ducts,
windows, or any other opening.
5) No retail or wholesale sales activities or customer service to
be conducted on site excepting that purely incidental to a per-
mitted use.
•
6) No outside storage of materials, vehicles, waste or debris will .
be permitted on site.
7) No overnight parking of vehicles will be allowed.
( 8) No more than one nameplate of less than 10 sq. ft. , mounted
flat on the building wall above the window line will be per-
mitted for each enterprise located in said building.
•
9) The project shall be resubmitted to the Tigard Design Review
Board for approval of a new site plan and landscape plan following
the applicant's redesign of access, parking, landscaping and
screening and provision of appropriate screened locations for
solid waste collection. Such additional improvements as may be
required by the Design 'Review Board shall be executed before
any additional occupancy may be permitted in the project,
Site design standards and criteria to be applied by the Design Review
Board will be such that:
•
C?)
1. length of buildings and asphalt areas are broken up or masked
at appropriate intervals
2. adequate parking is provided such that a parking slot is available "
on a one per each employee of maximum allowable employment and
at least one additional space per each establishment -- all parking
to be appropriately designated.
3. Adequate maneuvering space is available for each operational
loading door
k.
4. Approach to SW Burnham will be redesigned to reflect the needs of
the changed use.
5. appropriate sight obscuring screening is provided
6. an irrigation system adequate to ensure survival of all
landscaping is provided
•
a
I
-2-
•
I4mlimum7
. .
• ( - (
STAFF REPORT
AGENDA 5 .4
TIGARD PLANNING COMMISSION
November 15, 1977 - 7:30 p.m.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
{
Docket: Conditional Use CU 38-77
Request: To operate an electronics assembly company in a M-4,
"Light Manufacturing", zone on a 5.51 acre parcel (Security
Storage)
•
Location: 8900 S.W. Burnham Street (.Wash. Co. Tax Map 2S1 2AD, Tax
Lot 2200)
Applicant: Theodore Hunt (MTI, Inc.)
• i
I . Findings: •
•
1. The site is zoned 1M-4, Light Industrial , and designated
on the NPO 1 Plan as Commercial-Industrial .
2. In order to implement the planning process more effectively
and minimize the need to make application for conditional
use permits for every business that elects to locate in
the Security Storage building, the Planning Commission has
established a list of criteria that must be met in order
for a business to operate without a conditional use per-
mit in this building:
•
•
a. Less than three employees
b. No on-site sales
•
c. No manufacturing or assembly uses
d. Low traffic generating !�
e. One ten square foot wall mounted sign.
3. The applicant by definition meets Criteria a, b, d, and
e; but, due to the nature of his business, would not meet •
Criteria c.
4 . The applicant's business is essentially the testing and
assembly and packaging of electronic components. Staff
has visited the site and observed that the proposed use
is very low in intensity and generates no appreciable
noise. There is essentially no outward manifestations of
•
- • •
•
STAFF REPORT o•
AGENDA 5.4 •
TIGARD PLANNING COMMISSION
November 15, 1977
Page 2 • •
•
a business being conducted on the premises , with the ex-
ception of a delivery service which periodically picks up
the product at the site. 1 ,
II . Staff Recommendation:
Staff recommends approval.
•
• •
•
s / L a;2'
CITY OF TIGARD, OREGON
ORDINANCE No. 79-
NL
AN ORDINANCE AMENDING CHAPTER 18.57, TIGARD MUNICIPAL CODE RELATING TO GREENWAYS
AND FIXING AN EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 18.57 of the Tigard Municipal Code is amended to read as follows:
CHAPTER 18.57
SENSITIVE LANDS
18.57.010 Statement of Intent: Sensitive lands are lands potentially
unsuitable for development because of location within the 100 year floodplain,
within a natural drainageway, or on steep slopes. Sensitive land areas are designated
as such in order to give recognition to the need to protect the public health, safety
and welfare of the community through the regulation and control of lands within flood-
plains, drainageways, and steeply-sloping land areas, and to thereby mitigate potential
financial burdens arising from flood damage loss and to preserve natural drainageways
from encroaching uses which threaten to affect adversely the property rights of the
citizenry of the community, public safety, and the public health by natural condithns
arising from upstream or downstream flood levels. City actions under this ordinance
aw , will recognize the rights of riparian owners to be free to act on the part of the City,
its Commissions, representatives and agents, and landowners and occupiers.
The floodplain district has for its purpose the preservation of natural
water storage areas within the floodplain district by discouraging or prohibiting
incompatible uses.
18.57.020 Definitions: (a) In this chapter the following words and
phrases shall be construed to have the specific meanings assigned to them as
follows:
(1.) "Drainageways"' are defined as those areas which convey significant
seasonal concentrations of water over the surface of the land.
(2) "Excavation" means mechanical removal of earth material.
(3) "Fill" means any act by which earth, sand, gravel, rock or any
other similar material is deposited, placed, pulled or transported,
and includes the conditions resulting therefrom.
(4) "Flood" means a temporary rise in stream flow or stage that results
in water overtopping stream banks and inundating land adjacent to
the normal flow of water through the stream channel.
ORDINANCE No. 79-
J
(5) "Flood hazard" means a danger to property or health as the result
of inundation of the floodplain.
(6) "Floodplain" means the relatively flat area or lowlands adjoining
the channel of a river, stream, watercourse or other body of water
which has been or may be covered by floodwaters within the area of
applicability defined by the floodplain district.
(7) "Floodplain district" means those areas within the City of Tigard
inundated by the 100-year regulatory flood.
(8) "Grading" means any excavation or filling or combination thereof.
(9) "Greenway" means all lands within the 100 year floodplain of
Fenno Creek and the Tualatin River and the lands on either side
of natural drainageways as designated by the park board and
comprehensive plan for preservation.
(10) "Obstruction" means any dam, wall, embankment, levee, dike, pile,
abutment, projection, excavation, channel modification, bridge,
conduit, culvert, building, gravel, refuse, fill, structure, matter
or things of a similar nature in, along, or across or projecting
into any channel, watercourse, or floodplain drainageway areas
which may impede, retard or change the direction of the flow of
water, either by itself or by catching or collecting debris carried
by such water, or that is placed where the flow of water might carry
the same downstream to the damage of health or property.
(11) "Regulatory flood" means the flood used to define the outer boundary .n
lines of the floodplain district. The maximum flood predicted to
occur within 100 years.
(12) "Steeply sloping lands" are portions of the ground surface which
have a slope of 12 percent (12%) or greater.
(13) "Structure" means constructed edifice, barrier or building of any
kind, or any artificial build-up or composition of physical parts
adjoined together.
18.57.030 Permitted uses: Except as provided by Section 18.57.040,
the following uses shall be permitted within sensitive lands:
(1) Greenways:
(a) Community recreational uses such as bicycle and pedestrian
paths, archery ranges or unpaved athletic fields or parks.
(b) Public conservation areas for water, soil, open space,
forest or wildlife resources.
(c) Removal of poison oak, tansy ragwort, blackberry or any
other noxious vegetation.
(2) Floodplain District and Drainageways:
t "1
(a) Accessory uses such'as lawns, gardens or unpaved play areas, 7
(b) Agricultural uses conducted without locating a structure in
the floodplain district.
(c) Community recreational uses such as bicycle and pedestrian
Page 2 paths, archery ranges, or unpaved athletic fields or parks.
ORDINANCE No. 79-7I
,i
'7.
MEMORANDUM FOR MISCELLANEOUS, N 7-80 Robert Randall Sensitive Lands Permit
OCTOBER 28, 1980
•
AGENDA 5.5
fi
Attached please find revised calculations showing the effect of fill �.
on the floodplain.
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" SENSITIVE LANDS PERMIT
REQUEST
rPLICATION FILE # •
FEE REC'D.
Tigard Planning Commission 639-4171 RECEIPT #
12420 S .W. Main St.. , Tigard, Oregon 97223 DATE REC'D.
BY
•
PLEASE PRINT IN INK OR TYPE
Action Requested rt-obb"r t.2N/t4 ') PER4 17-
Applicant's name "� ��j— N�f}r . Phone 245-//3/
Applicant's Address • 06 .: " _:_ 40 T.2 :. , 6 •
(Street) (City) ( tate)
(ZIP)
Owner's Name, '5,41-111 Phone '
Owner's Address
w 1Street) -' City) (State) • (Zip) _ _
Applicant is: Owner X Contract Purchased Developer . Agent
Other
ier Recognition of Application:
•
signature of owner(s) .
Person responsible for application "TipMA.c., t) . .1■ 1OAih_s_
9' ()O W . t�./IQ:730 . , ZOO a�Tt� O�eA, 97Z/9 _.
(Street) (Cit ') (State) (Zip)
Registered Engineer's Name }L 441/ , . E . Phone 2-�`S-1 (
Registered Engineer' s Office k4B Lr A.AIhR., , ('n'. Phone 2.`9s_//a/
Registered Engineer's Address `15O L.v_hh1�3 #��� a_ _ ..0 �. ,9
(Street) '(C_ty3 (State) (L�i )"
PROPERTY INVOLVED: Tax Map # z., h.4- 2N5 Tax Lot (s)`22 ,
Address &99 Area
- (acres)
I( .sting Buildings (# and type ) (F3 — M/Ni - 454TCLQ.A/7f.
Current Zoning hl .- -1 Current Use WAOUSE,
Applicant's Applicant's •
Proposed Zoning ,,,► Proposed Use sT
•
Page z
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SPECIAL USE PEWIT•
•
APPLICANT• T. ;. _ a _:
Fill Type of fill: . �� v , i1 3 • .L
Cubic yards of fill:_ q zi(tilo_rui yL
Area of site to be occupied by fill: ,Os 7, sq. ft.: ' .
. (Sq.Ft. (Fill)/Sq.Ft. (Site)) x 100 = /. 37 % of site to be
filled.
Distance of fill from stream's edge: Horizontal Distance 21) 2_ Ft.
Vertical Drop: 60 , s „-r,,,, Ft.
• Type of bank to be installed: -�}-
Net change in storage capacity of floodplain resulting• from fill
CU.Ft. •
•
Will the fill increase the, flood crest or modify the flow of floodwaters?
Yes No 1< If so, what will the qua:tti,tati v4
•
•
effects be? (Attach a sheet for 'explanation) . 1'
Structures Existing structure (s) in floodplain: -Q-- •
. `1
Height • Ft. Width Ft. .
Distance from stream's edge:. Horizontal Distance Ft.'•
Vertical . Drop _ Ft,
Proposed structure (s) in floodplain
•
. Height Ft. Width Ft.
Distance from stream' s edge: Horizontal Distance Ft.
Vertical Drop Ft.
��-\w GINE.4. ',�,•tance between existing and proposed structure (nearest point) -
5190 - -
Ft. -
OAEGON MF • the structure increase the flood crest or modify the flow
10. �9 . flood waters? Yes • No If so, what will the
9(F 8, HP;'. 'antitative effects he? (Attach a sheet for explanation) .
Will the proposed structure be designed to withstand the destructj .:
effects of a flood without significant damage? (Attach a sheet to,
explain specifics) .
w
•
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• .. PAGE 3
", -
SENSITIVE LANDS PERMIT
REQUEST
C 1
t
Storage What type of materials are to be stored? ArLEsS A t St,.�.15, }}
$12.0261D_ .. L•.
Volume/quantity i
/ uant t of material (s)
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Distance of storage from stream's edge: Horizontal 2-0 2- Ft. i;
•
Vertical Drop (0.5 'f Ft. i`
Distance of storage from nearest building Ft.
Will the material be anchored to prevent movement in the even of a !..
Flood? Yes X How? No Why Not?
(Attach a sheet for explanation) 1
Type of screening for storage g' ,&ai remi 4 2.Axhs00>u!, •. • ._ 4
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October 28, 1980
Page One of Two
City of Tigard
Tigard Planning Commission •
Tigard, Oregon, 97223.
Dear Planning Commissions
This letter is in regards to the Robert Randall Company's
request to alter the hundred year Flood Plain along Fanno Creek.
by the addition of approximately seventy (70) cubic yards of
fill on four thousand (4000) square feet to the rear of two
existing warehouses. Area to be used for the extension of drive-
ways. The location is 8900 S. W. Burnham Street in Tigard.
To me, the request seems to be a little misleading. I have
a copy of the map attached to this letter which all of you on the
Planning Commission should have with you now. If you notice on
the map, there are two (2) buildings which they (The Robert Randall
Company) want to extend. If the narrow building is extended a few
feet less, there would be enough space for a driveway to get around
the building without filling iri any of the Flood Plain. The space
that the Robert Randall Company is asking for on the map looks like
more than just a driveway extension. It looks like parking spaces
Also, four thousand (4000) feet seems like a lot of area for just .
driveway extensions.
On another request to go into the Flood Plain just a few
months ago, The Robert Randall Company was turned down by the
Planning Commission and the City Council.
If we allow the Robert Randall Company to put fill in the
Flood Plain what about other existing companies and future companies
who would request fill in the Flood Plain. If we start this policy,
our Flood Plain and Greenway System will be destroyed forever.
The N. P.O. #1 book, page 44, says previous discussions show
that continued fill work will diminish the storage capacity of these
overflow areas with the resultant decrease of run-off time and
increased downstream flooding. It will, also, destroy the natural
vegetation adjacent the stream, eliminating wildlife habitat, trees
and other plant materials that give character to the Greenway System.
It is very vital that we save our Flood Plain and Greenway along
Fanno Creek to preserve the natural buffer between the Industrial
area and our Residential area.
During. the Winter months with heavy rains, I have seen the Flood
Plain like a large lake with ducks swimming around. It was so high
a couple of years ago that it was up near the duplexes on Hill Street
and the Philadelphia Square Apartments. A little more fill in the
Flood Plain and there would be a high risk of flooding in the
residential areas.
• Page Two of Two
N.P.O. #1 book, page 47, the Addenda says on August 26, 1974,
the Tigard City Council adopted Ordinance No. 74-50 restricting
the filling of Flood Plain lands. This ordinance will result in
a minimum of property damage during floods, qualify property
owners for Federal Flood Insurance.
Please consider the impact this has on all of the citizens
that live in the area.
Thank you very much for your consideration.
Sincerely yours,
Paul E. Johnson
Enclosure'
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AGENDA 5.6
TIGARD PLANNING COMMISSION
OCTOBER 28, 1980 - 7:30pm
FOWLER JUNIOR HIGH - LECTURE ROOM.
10865 SW Walnut Street, Tigard
Adoption of:
ZOA 7-80 Planned Development Ordinance Chapter 18.56
•
CITY OF TIGARD, OREGON
ORDINANCE NO. 80-
AN ORDINANCE AMENDING CHAPTER 18.56 OF THE TIGARD MUNICIPAL CODE, RELATING
TO PLANNED DEVELOPMENT DISTRICT (P-D)
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: That Section 18.56 of the Tigard Municipal Code be amended
to read as follows:
"SEE EXHIBIT A"
SECTION 2: Inasmuch as it is necessary to the peace, health, and safety
of the public that the forgoing change in the City's records
become effective, an emergency is hereby declared to exist, and this ordinance . -
shall be effective upon its passage by the Council and approval by the -
Mayor.
PASSED: By vote of all Council members present this
day of , 1980 after being
read two times by number and title only.
Recorder - City of Tigard
APPROVED: By the Mayor this day of , 1980.
Mayor - City of Tigard
ORDINANCE NO. 80-
ZOA 7-80
EXHIBIT A
•
ZOA 7-80
Chapter 18.56
PLANNED DEVELOPMENT DISTRICT (P-D)
Sections
18.56.010 Purpose
18.56.015 Application policy
18.56.020 Preliminary development plan and report preparation
18.56.021 Preliminary review
18.56.030 General development plan and report
18.56.040 Action and findings
18.56.041 Preliminary and general development plan and report review
18.56.042 Appeal procedure - General Plan F
18.56.043 Council ordinance acknowledgement and appeals
18.56.050 Site design review
18.56.060 Application of standards
18.56.070 Minimum site size
18.56.080 Compatibility with neighborhood
18.56.090 Lot coverage
18.56.100 Open space
18.56.110 Residential density calculations
18.56.115 Commercial/Industrial calculations
18.56.120 Subdivision lot sizes
18.56.130 Staging
18.56.140 Permitted uses--Residential districts
1
18.56.150 Major changes {
18.56.160 Minor changes
j
18.56.170 Construction time period--Extension ?'
•
7/11/80 - 7/18/80 7/29/80
.age 2
18.56.010 Purpose. The purpose of the Planned Development District is
to allow the Planning Commission and the City Council the opportunity to review
large and complex developments within this Community. This designation is
used to protect sensitive land areas, insure reasonable conformance to the
standards established in the underlying zones, address major transportation
difficulties and allow a degree of flexibility not usually associated with
development.
In most cases where sensitive lands, open space, or park areas are included
within a development, that development, whether commercial, industrial, or
residential, shall be reviewed as a Planned Development District. This
designation may be applied to both Permitted Uses and Conditional Uses in
all zones.
Page 3
18.56.015 Application Policy. Due to the complexities involved in a
Planned Development Review, the following policy shall be strictly adhered to: '!
.;The initial'application shall .be ,complete in.all respects as outlined in
the following text or as suggested by the Planning Staff. An applicant
•
shall not be placed on a Planning Commission Agenda unless the application is
complete, and is submitted prior to the closing date prior to a hearing.
There shall be no additional material submitted to Staff after the
closing date. There shall be no additional material submitted to the
g E1
Planning Commission after the closing date, and especially not at the
actual hearing. If this is done, the item shall be immediately tabled
by the Planning Commission and re-scheduled for a later date.
r
All applicants shall acknowledge this policy by paying the appropriate '
fees for Planning Department/Planning Commission Review. A receipt shall
be the acknowledgement document.
(I`:VJ
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Page 4
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18.56.020 Preliminary development plan and report Preparation. •The applicant shall
submit a complete Preliminary Development site plan and a written report to the Planning
Staff, .• who shall prepare a Staff Report for presentation to the Planning
Commission at a public hearing.
•
(A) NARRATIVE - clearly stated in' sequence as an attchMent to the site plan:
(1) Tax map p number(s) , tax lot number(s) , address of property.
(2) Current zoning designation(s)-:- Proposed comprehensive zoning
designation (if property has not been zoned to the comprehensive
plan designation) . Proposed use (s) on property.
(3) Name of proposed development. Name, address, and telephone
number of owner and developer.
(4) Number of building(s) and total square footage.per. building proposed.
Percent land coverage proposed for building(s) related .to total
site dimension(s) .
(5) Number of parking spaces required by Code. Number of parking
spaces proposed. Number of "compact" spaces proposed. Number
of "handicapped" spaces proposed.
(6) Total square footage of landscaping areas shown as a percentage
of the total site area.
Page 5
(7) A breakdown by square footage of sensitive land areas which
shall include greenways, floodplains, drainageways, and steep
slopes. Each of these catagories shall be shown as a percentage
of the total site area. Include computations showing total
square footage for all lands which will be dedicated to the City.
(8) Total square footage of all public improvements to the site
including street dedications, all utility easements, all street
improvements, parks or recreational areas, shall be computed
• and shown as percentages of the total site area.
(B). SITE PLAN
(1) For all developments the following shall apply as applicable :
General location of all above ground public improvements such
as streets, sidewalks, parking areas, maneuvering areas, public
transportation facilities, employee parking, landscaped areas, P
ingress/egress points, recreational or open space areas, sensitive • • ;
land areas, and site'drainage control areas.
(2) For all non-residential buildings the following shall apply: !
General location of all buildings proposed on the site including
the square footage of each. (Typical elevation drawings should
be included with the site plan.) NOTE: A topographical map
shall be included with any development which include sensitive
land areas. Particular attention shall be paid to setback
requirements, accessibility for handicapped persons, visual and
mass impact to surrounding areas, intended use of the structures
in relationship to supply delivery (in) or product distribution (out) .
•
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Page 6.
(3) For all developments which include residential buildings the
following shall apply:
A plan which shows the square footage of each proposed lot. Typical
single ,family' or Multifamily development configurations shall' be super-
imposed on the site plan -to show :the intended lot coverage at full .
development.
(C) WRITTEN REPORT -.shall address the following:
(1) Proposed land uses in relationship to the comprehensive plan
and surrounding areas.
(2) Density calculations based upon formulas included in this Section
and reasons for requested deviations from allowed densities or lot coverages.
Variance ,applicatjons shall be made at the time of initial application for
Planning Commission Review of a development.
(3) A description of recreational or open space areas proposed within a
residential development. In large industrial/commercial _ .
-1
developments, open space and recreational areas shall be
provided"to serve expected employee demands.
Applicants should also address the availability of public recreational areas
as they relate to development (i.e. what increased use of public;
recreational facilities the City could expect from such
development).
(4) A description of all sensitive lands within the development
and what effect the development will have on similar areas
off-site. In the case of a floodplain or drainage area, this
portion of the narrative will be very specific. The City reserves
the right to hire appropriate, professional, consultants to
' refute any portion of an applicant's narrative concerning
floodplain or drainage areas, The cost of this consulting shall
be borne totally by the applicant.
e
Page 7
(5) An analysis of traffic circulation for the development related to
existing or proposed public transportation facilities on and
off-site. The City reserves the right to hire appropriate,
professional, consultants to refute any/all portion(s) of the
applicant's narrative concerning traffic related issues.
The cost of this consulting shall be borne totally by the applicant.
(6) Proposed ownership patterns shall be addressed. NOTE: If
the developer proposes a conversion of ownership at a later
date, this must be explained in the narrative. (Conversions of
apartment houses to condominiums may be reviewed by the City
Council prior to said conversion) .
Copies of all Homeowner's Agreements and Consent Covenant and
Restrictions shall be submitted for review with the preliminary
plans. Particular attention will be given to the fact that
said Agreements and Consent Covenant and Restrictions must not
be written in conflict with the Uniform Building Code or any
Section of the Tigard Municipal Code.
(.Page 8
(7) Applicant shall verify that the development proposal has been
reviewed by the Fire Marshall. A letter verifying said review
shall be included as a part of the narrative and any conditions
placed upon the development by the Fire Marshall shall be
addressed in the narrative.
(8) Residential developments shall be reviewed by the appropriate
school district office. A letter verifying said review •
shall be included as a part of the narrative and any conditions
placed upon the development by the school district office
shall be addressed in the narrative.
(9) An Indirect Source Permits application shall be made to the
Department of Environmental Quality when more than 500 parking
spaces are included on site. A copy of this application shall
_ I
be included with the preliminary application to the City.
' I
Page 9
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18.56.021 Preliminary Review. (a) The Planning Commission shall
review the Preliminary Development Plan and Report and may act to grant
preliminary approval, approval with conditions or modifications, or denial.
Such action shall be based upon the Comprehensive Plan, the Standards of this
Title, and other regulations, and the suitability of the proposed development
in relation to the existing character of the area.
(b) Approval in principle of the Preliminary Development Plan and Report
j
shall be limited to the preliminary acceptability of the land uses proposed
and their inter-relationships, and shall not be construed to endorse precise
location of uses nor engineering feasibility. The Planning Commission may
require the development of other information than that specified in Section
18.56.030 to be submitted with the General Development plan and Report. However,
the applicant should be as specific as possible concerning' such issues as floodplain
use; traffic circulation patterns, arid' density Caiculations,etc': The more accurate
the proposal, .-the easier it will be for'the Planning' Commission to render :a'devision_
in-many case's, the Preliminary and General Development Plan Review process.can be
accomplished at one Hearing..
(a) No appeal of a denial of a Preliminary Development Plan and Report shall be
allowed. The intent of the Preliminary Review.iis to ascertain Staff, Planning Commission,
and the effected citizens' concerns relative to a particular project. The applicant's f5P4'=�
responsibility is to address these concerns prior' to a 'return before' the Planning
Commission at a re-hearing of the Preliminary Development Plan.
1r
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Page 10
18.56.030 General Development Plan and Report. (a) Upon receipt of an
application for a General Plan and Report Review, the payment of the appropriate
fee, and the submission of all appropriate supporting documents, the Planning i;
Director shall initiate a review of the General Plan and Report. Particular
attention shall be paid to the issues developed as a result of the Preliminary
Development Plan and Report Review. If significant differences arise, the
Planning Director may schedule study sessions with the Planning Commission and the
applicant to resolve the issues prior to a public hearing. Thereafter, if the
Planning Director or Planning Commission agree, the applicant shall proceed to p.
a General Plan Hearing.
rJ
The General Development Plan and Report shall consist of final plans showing
the project as it will be constructed. All material which accompanied the
Preliminary Development Plan and Report shall be updated to reflect the
conditions, concerns, and changes brought about by the Preliminary Review approval.
.
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Page 11
18.56:.040 Action and Findings.. (a) The Planning Commission, at a public
hearing, may recommend approval of the Planned Development District and the
i General Development Plan and Report with or without modifications, or conditions,
ri
or may deny the application. A decision to approve a Planned Development
. 1,
District shall be based upon the following findings:
f;
(1) That the proposed development is in substantial conformance with ',
I'
the Comprehensive Plan for the City; t'
(2) That exceptions from the standards of the underlying district are
o
warranted by the design and amenities incorporated in the Development Plan i'
i
and Report; f
(3) That the proposal is in harmony with the surrounding area or its 1
potential future use; t
W
(4) That the system of ownership and the means of developing, preserving, - w,
and maintaining sensitive land areas and open space is acceptable;
(5) That the approval will have a beneficial effect on the area which d
could not be achieved under other zoning districts. '
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C")age 12 > \
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8.56.041 Pr lim na an a General Development Plan and Report Review. {
. .
(A) When it is evident to the Planning Director tha a Preliminary and
General Review is possible simultaneously before to Planning Commission, the {\
Staff Report shall be prepared to reflect this decision. T e applicant shall li
Planning
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pay the combined fee and then appear before the C mm ss o (
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Page 13
18.56.042 Appeal Procedure - General Plan. If the Planning Commission
denies the General Plan and Report, that decision may be appealed to the City
Council by filing an appeal with the City Recorder within twenty (20) days of
the Planning Commission's action and paying the appropriate fee. The appeal
process is outlined in Section 18.92.020 of the Tigard Municipal Code.
Page 14
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18.56. 043 Council ordinance acknowledgement and appeals. Action by the
Planning Commission granting approval of a General Development Plan and Report
shall be forwarded to the City Council in ordinance form. All conditions of
development shall be attached to this ordinance. The Council may approve,
modify, or deny the ordinance. In all cases where the Council finds that
significant development concerns have not been adequately addressed by the
Planning Commission, the General Developmeiht'Plan and Report shall be remanded
back to the Planning Commission with specific instructions to be carried out
by the Planning Commission prior to re-submission of the ordinance to the
City Council. If the City Council approves the ordinance, the applicant shall
agre .to'and'.acknowledcge .the-conditions placed :upon the development .
Prior to the issuance of any Permits for any construction. Council's
denial of this ordinance may be appealed to the State of Oregon Land Use Board
of Appeals pursuant to Sections 1 through 6a of Chapter 772 of Oregon Laws
1979.
Page 15
18.56.050 Site Design Review. . As a condition. Of approval of the Planned
Development District, the applicant may be required to apply
foe Site Design. Review. . The Planning Director shall cause' a complete review'
of-the project to take place` to.insure compliance with.•the General Development
Plan; and prepare the necessary Staff Report.
(b) If the Final Plan and Program is found to be in compliance, it shall
be so certified by the Planning Director. The Final Development Plan along with
all documents relating to dedications, improvements, agreements, restrictions, •
etc. which constitute the Final Program, shall be filed with the City.
(c) The procedures set forth in Title 17 shall be followed if the property
is to be divided or streets are to be dedicated.
(d) All public site dedications, development rights to open space., or
{
other dedications for the entire site, shall be recorded with the
City prior to the issuance of any Building Permit.
(e) Final copies of all approved articles governing operation and
maintenance shall be placed on file with the Planning Department prior to the
issuance of any Building Permit.
18.56.060 Application of standards. In cases of conflict between
standards of the underlying District and the Planned Development District,
the standards of the Planned Development District shall apply if approved by
Planning Commission and City Council.
18.56.070 Minimum site size. (a) Planned Development Districts shall
be established only on parcels of land which are suitable for the proposed
development and of sufficient size to be planned and developed in such a
manner consistent with the purposes of this Chapter.
•
•
• 1
((
•Page 16
.:-
(b) A Planned Development District shall not be established on less than r+
l
four (4) acres of contiguous land unless the Planning Director finds that !f
said property is suitable as a Planned Development District by virtue". of
II
its unique. character, topography, or natural features, or by virtue_ of its
qualifying as an "isolated problem area." (NPO #4 - A40 area) III
18.56.080 Compatibility with neighborhood. (a) The Plans and Report
shall present an organized arrangement of buildings, service facilities, open
spaces and improvements such as recreation facilities, landscaping and fencing
to insure compatibility with the Comprehensive Plan and the character of the
neighborhood.
(b) Peripheral yards of a Planned Development District Site shall be at
least as deep as those required by the yard regulations of the underlying zone •
unless the Planning Commission finds that equal protection will be afforded
through specific features of the approved Plan.
fl
18.56.090 Lot coverage. Lot coverage shall be the same as the underlying
District unless the Planning Commission finds that an exception is warranted
in terms of the character and amenities proposed in the total development.
18.56.100 Open Space. (a) "Open Space" in a Planned Development
means the land area to be used for scenic, landscaping, or open recreational
purposes within the development. It shall not include street rights-of-way,
driveways, or t parking areas.
(b) Open Space shall be adequate for the recreational and leisure use ,
of the persons occupying the Planned Development District and designed to
enhance the present and future value. of the development.
Imp .
•
Page 17
(c) To the maximum extent possible, the Plan and Report shall assure
that natural features of the land are preserved and landscaping is provided.
(d) In order to assure that Open Space, greenways, floodplain areas will be
permanent, dedication of development rights to the City may be required.
(e) Instruments guaranteeing the maintenance of Open Space, greenways, floodplain
areas shall be reviewed and approved by the Planning Commission. Documents
dedicating development rights and provisions for maintenance of these areas may
be approved as to form by the City Attorney.
(f) The Planning Commission may require that instruments of conveyance
provide that in the event the Open Space, greenways, floodplain areas are permitted
to deteriorate or are not maintained in a condition consistent with the approved
Plan and Report, the City may, at its option, cause such maintenance to be done
j.;
and assess the costs to the immediate area property owners. }`
{
(
18.56. 110 Residential-Density Calculations. In order to preserve the integrity
of the Comprehensive Plan and relate it to the Planned Development, the number of
dwelling units permitted per development area shall be determined as follows: ''
(1) Net development area shall be determined by subtracting the following <?
area(s) from the gross area(s) :
All sensitive land areas (floodplain, drainageways, greenways, {
all lands containing slopes of twelve (12%) percent or greater) designated
open space, public dedications, all public improvement areas (streets, sidewalks, !'
utility easement, etc) .
To calculate density:
Divide the net development area by the minimum lot area per dwelling
unit required in the underlying zone(s) . A "density bonus" may be allowed by the
Planning Commission if the applicant dedicates usable land to the City for '
public uses. A maximum "bonus" of ten (10%) percent increase in density
above the number of units allowed in the underlying zone shall be considered.
?age 18
f
t
18.56.115 Commercial/Industrial Calculations for net development area
shall be determined by subtracting the followin g area(s) from the
gross area(s) :
All sensitive land areas (floodplain, drainageways, greenways, all lands
containing slopes of twelve (12%) percent or greater) designated open space, [
public dedications, all public improvement areas (streets, sidewalks, utility
easement, etc.) . A Sensitive Lands Permit shall be approved by the Planning
Commission prior to any development in sensitive lands areas. f
S
f
t
i
i
(`�.._. 9
18.56.120 Subdivision lot sizes. Minimum area, width, depth, and frontage
requirements for Subdivision lots in a Planned Development District may be
less than the minimums specified in the underlying District if in accordance
with the approved General Development Plan and Report and the Density Standards
of this Chapter. The primary consideration shall be to protect the character
of the surrounding areas and insure that the criteria established for the
underlying Zoning Designations are adhered to.
s
d
F
Page 19
18.56.130 Staging. The applicant may elect to develop . the site in
successive stages as outlined in the General Development Plan and
Report. Each ('stage shall be substantially complete within itself.
The Planning Commission may require that development be done in stages
if public facilities are not adequate to service the entire development
initally. The Planning Commission may require that each successive stage be
•
brought before them for separate review. Applicants are advised that substantial
alterations to successive stages may be made by the Planning Commission due
to circumstances brought about by future developments in a particular area.
In all cases where staging is contemplated, the applicant may be required
to complete all public improvements to the entire site at the time of development
of the first stage. ,
18.56.140 Permitted Uses--Residential Districts. For Residential
Districts, the following uses are permitted in a Planned Development District:
(1) Housing concepts may include, but are not limited to, single family
residence, duplexes, row houses, townhouses, cluster units, or multiple family
dwellings;
•
(2) Related commercial uses which are designed exclusively to serve the
development, of which they are a part, when approved by the Planning Commission.
18.56.150 Major changes. Major changes in the General Development Plan
and Report, after it has been approved, shall be treated as a new application
and shall be submitted to the Planning Commission and the City Council in
accordance with the procedures established in this Chapter.
18.56.160 Minor changes. Minor changes in the General Development Plan
and Report may be approved by the Planning Director, provided that such
changes do not: '"
(1) Increase the densities, change boundaries or change any use.
•
gage 20
18.56.170 Construction time period--Extension. If substantial construction
has not taken place within one (1) year from the date of approval of the
General Development Plan and Report, the Planning Commission shall review the
District at a Public Hearing to determine whether or not its continuation in
whole or in part is in the public interest, and if found not to be, shall
recommend to the City Council that the Planned Development District designation
on the property be removed. The City Council, at the written request of the
1
applicant, may grant an extension of time to allow construction.
}
•
AGENDA 5.7
TIGARD PLANNING COMMISSION
OCTOBER 28, 1980 - 7:30pm.
FOWLER JUNIOR HIGH LECTURE ROOM
10865 SW Walnut Street, Tigard
Adoption of:
ZOA 8-80 Amendment of Chapters 18.32 & 18.40/C-4 and CP Zones
•
4
CITY OF TIGARD, OREGON
ORDINANCE NO. 80-
AN ORDINANCE AMENDING CHAPTERS 18.32 AND 18.40 OF THE TIGARD MUNICIPAL CODE
RELATING TO LAND USE CLASSIFICATION SYSTEM, MAXIMUM LOT COVERAGE, AND ADJUSTMENT
OF LANDSCAPING REQUIREMENT IN C-4 AND C-P COMMERCIAL ZONES, DECLARING AN
EMERGENCY AND FIXING AN EFFECTIVE DATE.
•
WHEREAS, the amendment to the zoning text will provide for a land use
classification system consistent with the Tigard Comprehensive Plan designations;
and
WHEREAS, amending the maximum lot coverage requirement in designated
commercial zones will provide for more effective and flexible land use development
and land use implementation standards
NOW, THEREFORE, •
THE 'CITY OF' TIGARD ORDAINS AS.FOLLOWS:
SECTION 1: That the title of Chapter 18.32 of the Tigard Municipal Code be
amended to read as follows:
• Chapter 18.32
RESIDENTIAL COMMERCIAL ZONE (C-4)
SECTION 2: That Section 18.32.030 (3) , and Section 18.40.040 (e) relating to
maximum lot coverage be deleted.
SECTION 3: That Section 18.40.080 (4) relating to landscaping required percent
of the total areas be amended to read twenty-eight (28%) percent.
SECTION 4: Inasmuch as it is necessary to the peace, health, and safety of the
public that the foregoing change in the City's records become
effective, an emergency is hereby declared to exist, and this ordinance shall
be effective upon its passage by the Council and approval by the Mayor.
PASSED: By vote of all Council members present this day
of , 1980, after being read two times by number and
title only.
Recorder - City of Tigard
APPROVED: By the Mayor this day of 1980.
Mayor - City of Tigard
ORDINANCE NO. 80-
ZOA 8-80
--";
; }i (' x.32.010--18. i2.uzu
Chapter 18 . 32
ZILICAgeeNageg COMMERCIAL ZONL (C-4) *
Sections:
18. 32 . 010 Permitted uses.
18. 32.020 Conditional uses.
18. 32.030 Lot requirements.
18. 32. 040 Setback requirements.
18. 32. 050 Building height.
ht.
18. 32.060 Additional requirements.
1 18. 32 .010 Permitted uses, No building , structure or
land shall be used and no building or structure shall be here-
after erected, enlarged or altered in the C-4 zone except for
;, the following uses :
( 1) Bakery, provided any manufacture of goods is lim-
ited to goods retailed on the premises only;
( 2) Barbershop;
7. ( 3) Beauty parlor;
( 4) Collection station for dry cleaning or laundry;
( 5) Delicatessen store;
1 ( 6) Department store;
( 7) Drug store or pharmacy including incidental foun-
tain service but not including any other use unless specif-
ically permitted under this chapter;
( 8) Florist or flower shop;
( 9) Gift shop;
(10) Grocery store;
(11) Hardware store;
'` (12) Jewelry store;
(13) Laundromat;
(14) Meat market;
(15) Record shop;
(16) Shoe repair;
•
(17) Stationery and book stores open to persons of all
ages without patronage restrictions ;
N
(18) Tailor shop, dress shop, clothing store; other
similar service or retail use , if approved by the planning
commission and subject to the same conditions ;
(19) Variety store . (Ord. 75-29 55 (part) , 1975 : Ord.
72-70 53 , 1972 ; Ord. 70-32 §150-1, 1970) .
18 .32 .020 Conditional uses . In the C-4 zone the follow--
. . irg uses and their accessory uses are permitted as conditional-
. uses when in accordance with Chapters 18 .72 and 18. 84 :
* For sign regulations, see Chapters 16. 36 and 16. 40 of
`' this code. 9s
y jl
, 272-1 (Tigard 1/15/76)
.1i -32. 030-18.12. 060
•
(1) Conditional use as permitted in an A-2 zone;
(2) Garden supply store ;
(3) Home occupations ;
(4) Multifamily dwelling subject to the regulations of
an A-2 zone;
•
(5) Public utility;
(6) Restaurants ; .
(7) Service stations (incidental repairs only) ;
(8) Any business , service, processing, storage or dis-
play essential or incidental to any permitted use in the C-4
zone and not conducted entirely within an enclosed building;
(9) Doctor or dentist and professional or commercial
office. (Ord . 75-29 §5 (part) , 1975 : Ord. 70-32 §150-2, 1970) .
18.32. 030 Lot requirements . In the C-4 zone the lot
requirements shall be as follows :
(1) The minimum lot area shall be six thousand square
feet;
(2) The minimum lot width shall be sixty feet;
18 .32 .040 Setback requirements . Except as may other-
wise be provided in Section 18.12 ,100, the setbacks for non-
residential uses in the C-4 zone shall be as follows :
(1) The front yard setback shall be twenty feet;
(2) No side yard setback shall be required, except, when
abutting a residential zone , a side yard setback of five
shall be required; feet
(3) No rear yard setback shall be required, except, when
abutting a residential zone, a rear yard setback of twenty-five
feet shall be required. (Ord. 75-29 §5 (part) , 1975 : Ord.
70-32 §150-4, 1970) .
18 .32.050 Building height . Except as otherwise pro-
vided in Section 18 .12 .110 , no building. in the C-4 zone shall
exceed a height of three stories or thirty-five feet, which-
ever is less . (Ord. 75-29 §5 (part) , 1975 : Ord. 70-32 §I50-5,
1970) .
18 . 32 .060 Additional requirements . Additional require-
ments applicable to the C-4 zone include but are not limited .
to the following:
(1) Off-street parking and loading, see Chapter 18.60;
(2) Access and egress , see Chapter 18.64;
(3) Enclosure and screening required, see Section 18-
.12. 080;
(4) Signs , advertising signs and sign structures shall
be subject to the conditions , limitations , prohibitions and
requirements of Title 16 , to which particular reference is
made;
•
Al272-2 (Tigard 1/15/76)
.,;.> .-...., .. ..;tea. -lai . ...... __
4, , . ,
k C
.
18 36.Oir1
(5) Landscaping. A minimum of fifteen percent of the
total lot area shall be landscaped; in addition , see Chapters
18.58 , Site Development Plan and 18 .59 , Architectural Design
i .Review;
;!- (6) Nuisances prohibited' , see Section 18 .12 .070. (Ord. • !
75-29 §5 (part) , 1975 : Ord . 71-4 §7 (part) , 1971; Ord. 70-32
§150-6 , 1970) .
Chapter 18 . 36
.. . -� :.:-=., :.=;•n:=.�. , Co.,tmER" AL ZONE (C-5) *
Y
; Sections : ,
•:; 18. 36.010 Permitt-• uses .
18.36. 020 Lot requrement- .
18. 36.030 Setback r:quir=,tents.
18 .36.040 Building h- g. .
18.36. 050 Additional re•.uirements .
• 18. 36.010 Permitted u -s . No building , structure or•land shall be used and no b lding or structure shall be here- .
after erected, enlarged or 1.. 1 ered in the C-S zone except for
the following uses , and pr•vi ed that any one development in
any one area shall not ex.eed .wo acres in size (unless specif-
ically approved by the p --nning and zoning commission) , and
•
that the nucleus of such a neig .•orhood development shall con- '4.
` tain • a minimum of four ..f the fa lowing separate uses:
( 1) Bakery, provided any ,; nufacture of goods is lim- ': ..
ited to goods retailed on the prea,ises only;
( 2) Barbershop;
( 3) Beauty par or;
( 4) Collectio station for y-cleaning or laundry;
( 5) Delicates-.en store;
( 6) Doctor , -ntist, lawyer, ,.rchitect or insurance
office;
•
( 7) Drug st• e or pharmacy in udirig incidental foun-
. tain service but net including any ot •er .ise unless specif-
ically permitted der this chapter;
( 8) Florist or flower shop;
( 9) Gift s op;
(10) Groce'y store; .
(11) Laund omat;
5. (12) Meat -uarket;
(13) Shoe repair; •
(14) Stat onery and book stores op to persons of all
ages without p- ronage restrictions ; 4<.,
* For sign regulations , see Chapters 16 36 and 16 . 40 of
this code .
272-3 (Tigard 1/15/76) •
1 .
•
t
18 . 40.010
kr . to be done and assess he property ow -r (s) accordingly;
(6) Signs permita7d, one free- ending property
fication ground sign sh. 11 be permi ed forgteeve development each side abutting a -treet. 0 a corner, a ground
may not protrude into th- trian 1- gcornd sign
a point measured twenty f-et fro the corner along oeach street;
the maximum height of this sign -hall be seven feet, and it
eet;
shall not exceed sixty squa e f-et in area. This sign shall
not be internally illuminat= d or shall there be any exposed
neon tubes or other bulbs, a - illumination shall be of low
intensity. One wall sign sh- ' 1 be permitted for each sepa-
rate use, the area of whir
in area. No moving or inte mi•tently flashing esignsashallet
be permitted;
(8) Nuisance prohib, ted, s-e Section 18. 12 .070;
(9) Air conditioni,g units, exhaust fans, compressors -
or any other noise-prod ring equi= ent, and service entrances ,
loading or unloading d••rs, garbag cans or containers, shall
be so enclosed and baf led that no : sturbing sound or vibra-
ion materially affect adjacent resid. . tial properties. (Ord.
78-32 (part) , 1978; 0 ,d. 70-32 5155-5, 970) .
Chapter 18. 40
I ;; (.. COMMERCIAL-PROFESSIONAL ZONE (C-P) *
Sections :
18. 40.010 Permitted uses.
18.40.011 Corlditiojj l uses.
18. 40.020 Removal of temporary structures.
18. 40.030 When enclosed building required.
18. 40.040 Lot requirements.
18. 40 .050 Setback requirements.
18.40.060 Building height.
18. 40,070 Signs.
18. 40 . 080 Additional requirements .
18. 40. 010 Permitted uses . No building, or land s a be use and no building or strucretshallrbeohere-
after erected, enlarged or altered in the C-P zone except for
the following uses:
(1) Administrative, professional and general offices ,
including offices or organizations engaged in accounting,
T7 •
* For sign regulations, see Section 16 . 36 .040 of this code.
274 (Tigard 7/15/78)
•
1
my
a • 111=
.. '
(1:40. 011--18.40.020 . lll
`
i'
architecture, editing, engineering, insurance, law and realty;
(2) Art galleries;
( 3) Exhibit halls for commercial and industrial exhibits;
- provided, however, that there be no sale of stock or material : ,
;. from the floor, atd provided further that there be no ware- 1
housing or storage either wit:lin or on the premises;
(4) Banks, building and loan offices, photographers and
artist studios;
(5) Biological and medical laboratories, dental and med-
ical offices and clinics;
(6) Commercial facilities related and incidental to the
uses permitted, provided, however, that there be no display
or advertising other than specifically permitted in Section
18. 40. 070; .
(7) General research not involving the manufacture,
fabrication and processing, or sale of products as listed in
any "C" or "M" zone; .
(8) Other nonretail commercial uses found similar to
the above by the planning commission. (Ord. 70-46 §4, Ex-
hibit A (part) , 1970 : Ord. 70-32 §156-1, 1970) .
.
18. 40. 011 Conditional uses . In this zone the following
uses and their accessory uses are permitted as conditional
uses when in accordance with the procedural requirements of
Chapter 18. 84 : {
(1) Governmental structures or land uses;
• (2) Lounges and nightclubs; !
(3) Medium-rise apartment or office buildings (four
stories or above) ;
(4) Motels and hotels; • P
(5) Multifamily dwellings , subject to the regulations 4'
and site restrictions of Chapter 18 . 24; i
(6) Restaurants ; '
(7) Theaters; '`
(8) Veterinarian' s office and animal hospitals ; ?11
(9) Limited commercial uses if integrated within office- • r`
park, including confectioneries , barbershops , beauty shops,
delicatessens, pharmacies, florist shops, gift shops, shoe
repair shops;
(10) Similar uses if approved by the planning commission.
(Ord. 79-54. §1, 1979 : Ord. 75-37 §4 (part) , 1975 : Ord. 72-67 i1;
§1, 1972) . ;
18. 40 . 020 Removal of temporary structures . Temporary
structures or uses incidental to construction work shall be
removed upon completion or abandonment of the construction + '}'
* work. (Ord. 70-46 §4, Exhibit A (part) , 1970: Ord. 70-32 '' ,.
§156-2, 1970) . `,xr
O p,
Via,
t
275
(Tigard 7/15/79)
t ' . gr-
,--
18.40 .030
- 11 N,
(7- .
...
18. 40. 030 'Then enclosed building required. All busi-
nest, servicing and research shall be conducted within a
I
_7.
completely enclosed building except off-street parking and
.
loading facilities . (Ord. 70-46 §4, Exhibit A (part) , 1970 :
Ord. 70-32 §156-3, 1970) .
%..- .
• 1 .
•. 1
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. .
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. .
k,.._
. . _
7 .
. ., .
_ .
••• • ' I
1 l''
a
. I
I •
(
• .
. 275-1 (Tigard 7/15/79)
; .
,i• .
.
1
. . (7_ . 40. 040--18.40.070
18. 40 . 040 Lot recuirements . (a) The minimum lot area
shall be six thousand square feet.
(b) The minimum average lot width shall be sixty feet.
(c) The minimum average lot width at the building line
shall be sixty feet.
(d) The minimum lot width at the street shall be sixty
feet.
•
(;a� -Exit• ' = T _ _ �t .
9 d° `rte— - ... _ ._ _. _ -�•.� I
18. 40 .050 Setback recuirements. Setback requirements
in a C-P zone shall be as follows :
(1) Front yard. The minimum front yard shall be ten
feet, landscaped and maintained;
(2) Side yard. No side yard is required in the C-P
zone unless the property abuts a residential zone, in which
case the side yard on the abutting side shall be ten feet,
landscaped and maintained;
(3) Rear yard. No rear yard is required in the C-P
zone unless the property abuts a residential zone , in which
case the rear yard shall be ten feet, landscaped and main-
tained;
(4) Half streets. The minimum front or side yards or
other setbacks as stated herein, shall be increased where
such yard or setback abuts a street having insufficient right- i.
of-way width to serve the area. The planning commission shall
determine the necessary right-of-way widths and the additional
yard or setback requirements in such cases . (Ord. 70-46 §4,
Exhibit A (part) , 1970 : Ord. 70-32 §156-5, 1970). •
18. 40.060 Euilding height. The maximum height shall
•
be forty-five feet with not more than three stories . When
abutting a single family residential zone, the maximum height
shall be two stories or thirty feet, whichever is less. (Ord.
70-46• §4 , Exhibit A (part) , 1970 : Ord. 70-32 §156-6 , 1970) . •
18 . 40 .070 Signs. (a) There shall be not more than one •
square foot of sign area for each one hundred square feet of
floor area within the building or buildings to be identified.
No sign shall exceed fifteen square feet in size unless ap-
proved under paragraphs (c) or (f) of this section.
(b) No sign shall project above the roof line or extend
over a public sidewalk or right-of-way . All faces of signs
shall be parallel to the face of the building upon which the
sign is located and to which the sign pertains .
(c) Signs may be painted or otherwise applied directly
to a wall providing such sign is an integral part of build-
ing design and approval is obtained for such sign from the
design review board.
276 (Tigard. 1/15/76)
4 . .
• 18.40.080
if
(d) The sign may be lighted with indirect lighting. No
neon (exposed tubing) , plastic (interior illumination) , blink-
er, flashing or animated signs shall be permitted. 4
(d) No billboards or "incidental use signs" shall be
permitted. I {
(f) Freestanding signs designating a particular project , ,
site or building may be permitted in lieu of building-mounted
signs subject to specific approval by the design review board.
;E
Signs in a planned development district f
9 P p (under provisions
of Chapter 18.'56) for the specific purpose of site identifica-
tion, building identification, tenant identification and traf-
fic direction may be permitted
y permitted in such lanned development opment ,
district as approved in the general plan (Section 18 ,56.030)
subject to design review board approval , providing that an '
integrated sign theme is carried out compatible with the •
overall development and consistent with the approved general
y plan and program. (Ord. 75-37 §4 (part) , 1975: Ord. 70-46
54 , Exhibit A (part) , 1970: Ord. 70-32 §156-7, 1970) .
18.40.080 Additional requirements. Additional require-
ments applicable to the C-P zone include, but shall not be
limited to, the following:
(1) Off-street parking and loading, see Chapter 18.60;
(2) Access and egress required, see Chapter 18.64; _
(3) Where the boundary of a parking lot adjoins a resi-
dential zone, such parking lot shall be screened by a sight
obscuring fence. The screening shall be continuous. along
that boundary and shall be at least five feet but not more .
than six feet in height; ) 4 f ... 0,1K\-- i
(4) Landscaping required, t percent of the total
area shall be landscaped. A sight-obscuring screen or
f
4
i •
T
4;; • ! ,
!t;
i
A
•
1
•
i
R
i •
276-1 (Tigard 1/15/76) • •
k 18.44 .010 .
•
ic
3 •
evergreen shrubs shall be planted. a! ong any side abutting a ,-,
residential zone;
(6) Nuisances prohibited, see Section 18. 12.070;
(7) Air conditioning units, exhaust fans , compressors ,
4 or any other noise- roducin
4 P g equipment, and service entrances ,
loading or unloading doors , garbage cans or containers, shall
be so enclosed and baffled that no disturbing sound or vibra-
tion materially affects adjacent cent resi
denti
al
properties .
78-32 (part) , 1978 ; Ord. 70-46 §4, Exhibit A (Ord.
Ord. 70-32 5156-8, 1970) . (part) , 1970 :
Chapter 18. 44
• _'F „e....-s-- -- -
Sections :
18. 44. 01. 'emitted uses .
18.44.020 o -. itional uses.
18. 44. 030 Le . quirements,/
18. 44.040 Setb.• . requireri'ents .
8. 44. 050 Buildin. eigh i ; '
: . 44.060 Additona -• ufirements.
18. - 010 Permitted u e- No building str• ,uses or
land sha use. and no /buiTdi•c}�• or structur- all here-
after be erec -d, enlarged' or alte - in the - zone except
for the folio i a uses :" '
( 1) Any s - allot ed in an M-3 a • M light '
zone; g industrial
( 2) Automob rebuilding, recond ,m,ning, assembling
painting, upholste .% or truck repair •r o -rhauling; ga
( 3) Assemb3. pia s;
( 4) Batter manufa•ture and re Auilding;
( 5) Bott king plant;
( 6) Box/factory; j'
( 7) Coffee roasting; 'N
( 8) C9ffin manufacture; ,•
( 9) , ld storage plant; ,w.•�
(10) eed and fuel stor ge; �-. l''
t
(11) Flour milling, grin n storag or elevator;- ~ '
it
(12) Fruit packing a�$ processing;
(1A• Furniture manufacture;
6,:; ( :' ) Heating equ7 _ ent manufacture;
C
77 For sign regul I/'I ons, see Chapters 16 . 36 and 16 .40 of
this code.
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277 (Tigard 7/15/78)
M E M O R A N D U M
DATE: October' 28,, 1980
FROM: PLANNING DIRECTOR, CITY OF TIGARD
SUBJECT: ZONE ORDINANCE AMENDMENT, ZOA 2-80
Attached is a draft ordinance amending Chapter 18.24 of the Tigard Municipal
Code relative to the Multifamily Residential Zones (i.e. A-12, A-20, A-40) .
The proposed land use designations provide for development to a density of
twelve (12) , twenty (20) , and forty (40) multifamily units per buildable acre,
respectively. The general purpose of the said amendment is to bring the zoning
map/zoning text into conformance with the City's Comprehensive Plan. More
specifically, the
cha n g e reflects the statewide housing objective (Goal #10)
in regards to ensuring that sufficient buildable land has been set aside for
each needed housing type. Furthermore, the change is in keeping with the Tigard
Housing Plan which shows a long-term trend toward a greater portion of families
choosing alternate housing types, in this case, multifamily dwelling units.
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D R A F T •
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CITY OF TIGARD, OREGON
ORDINANCE NO. 80-
-
AN ORDINANCE AMENDING CHAPTER 18.24 OF THE TIGARD MUNICIPAL CODE,. RELATING TO
MULTIFAMILY RESIDENTIAL ZONES, DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE.
WHEREAS, the primary objective of the statewide .Goal #10 . •
Housing' is to ensure that sufficient buildable land has been set aside for
each needed housing type; and
WHEREAS, changes in this section will ensure that the City will _. '.
provide a reasonable opportunity for. an .appropriate.variety of housing types , :
to meet the needs, desires, and resources of all persons who may desire to
.live within its boundaries; and
WHEREAS, it has been found that certain changes'..are needed to .reflect the
City's Housing Policy.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
sR SECTION 1: Chapter 18.24 of the Tigard Municipal Code, relating to Multifamily
Residential, be amended.' • . ... .'
SEE EXHIBIT "A" ATTACHED
SECTION 2: Inasmuch as it is necessary to the peace, health, and safety of
the public that the foregoing change in the City's records become
effective, an emergency is hereby declared to exist, and this ordinance shall
be effective upon its passage by the Council and approval by the Mayor.
PASSED: By vote of all Council members present this
day of , 198_, after being read two times by number
and title only.
Recorder - City of Tigard
APPROVED: By the Mayor this day of ,
Mayor - City of Tigard
•
ORDINANCE NO. 80-
ZOA 2-80 ,
.. • ,
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EXHIBIT "A"
AL.
DRAFT CHAPTER 18.24
MULTIFAMILY RESIDENTIAL ZONE
(A-12, A-20, A-40) F.
SECTIONS
MULTIFAMILY ZONE
18.24.010 Permitted Uses
18.24.011 Conditional Uses
A-12 ZONE
18.24.020 Lot requirements
18.24.030 Setback requirements
18.24.040 Building height
18.24.050 Additional requirements
18.24.060 Usable open space and recreation areas I"
A-20 ZONE
18.24.070 Lot requirements
18.24.080 Setback requirements
18.24.090 Building height
18.24.100 Additional requirements
18.24.110 Usable open space and recreation areas
A-40 ZONE
18.24.120 Lot requirements
18.24.130 Setback requirements
18.24.140 Building height [[
18.24.150 Additional requirements
18.24. 160 Usable open space and recreation areas
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Revised 6/4/80-6/5/80-8/14/80
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MULTIFAMILY ZONE
18.24.010 Permitted Uses. No building structures or'land shall be used
and no building or structure shall be hereafter erected, enlarged, or altered
in the A-12, A-20, and A-40 Zones except for the following uses:
1) Apartment dwellings, duplexes, townhouses, and/or condominiums containing
three (3) or more dwelling units. (Duplexes and attached single family
residences are allowed on 10,000 square feet lots in the R-5, R-7, and R-10
Zones) ,
2) Mobile home subdivision and mobile home planned unit developments
(Section 18.20.130) and mobile home parks on five (5) acres or more.
18.24.011 Conditional Uses. In the A-12, A-20, and A-40 Zones, the
following uses may be allowed by the Planning Commission when in accordance
with Chapter 18.72 and 18.84.
1) Churches, schools, or community buildings (public) ,
2) Day care centers in conjunction with planned unit developments, '
3) Governmental structures or lands including parks, playground areas,
recreational buildings, libraries, or museums,
4) Hospitals or nursing homes,
5) Utility substations,
6) Any business or service which is incidental to a permitted use in
these Zones.
drammommommi
Cage 3a
A-12 ZONE
18.24.020 Lot Requirements. In the A-12 Zone the lot requirements shall
be:
1) When used for multifamily residential purposes, the minimum lot area
shall be:
Density Dwelling Units
Number of Dwelling Units Lot Area Per Dwelling Unit Per Buildable Acre
3 and up 3,630 sq. ft. 12
2) The minimum average lot width shall be sixty (60' ) feet except on a
cul-de-sac where minimum width shall be sixty (60') feet at the building line.
3) Buildings shall not occupy more than the following percentage of the
lot area:
Number of Dwelling Units Percentage of Lot Coverage
3 to 20 45%
.F 21 to 40 50%
41 and up 55%
18.24.030 Setback Requirements. Except as may otherwise be provided in
Section 18.12.100, the setbacks for uses in the A-12 Zone shall be:;
1) The front yard setback shall be a minimum of twenty (20') feet.
2). The side yard shall be a minimum of ten (10') feet.
3) The rear yard shall be ten (10') feet.
4) On corner lots the setback shall be twenty (20') feet on any side
facing a street other than an alley.
5) Where buildings are grouped as one project on one tract of land, the
minimum distance between two (2) buildings at any given point shall not be less
than the sum of the required side yard setbacks computed separately for each
building at that point.
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18.24.040 Building Height. Except as otherwise provided in Section 18.12.110,
no building in the A-12 Zone shall exceed a height of thirty (30') feet.
18.24.050 Additional Requirements. Additional requirements applicable
in the A-12 Zone include, but are not limited to:
1) Off-street parking and loading, see Chapter 18.60,
2) Access and egress, see Chapter 18.64,
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3) Site Design Review. All development in the A-12 Zone shall be
. submitted for site design review and shall be subject to the conditions, •
limitations, prohibitions, and requirements of Chapter 18.59.
18.24.060 Usable Open Space and Recreation Areas. Area(s) for usable
open space and recreational purposes shall be provided in multifamily developments.
The provision and maintenance of open space and/or recreational areas shall
be the continuing obligation of the property owner(s) through an agreement ,
approved by the City. A minimum of two hundred (200) square feet of recreation
area shall be provided for each of the first twenty (20) dwelling units;
two hundred fifty (250) square feet for units twenty-one (21) through thirty (30) ;
and three hundred (300) square feet for each unit over thirty (30) . The
surface area of recreation buildings, including swimming pools may be included
in computing the minimum size of the area Recreational facilities shall be (7 '
provided in keeping with the need of the prospective tenants. Recreation
areas shall not be located in parking or maneuvering areas.
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Table For Computing Multifamily Open Space Requirements
Dwelling Units Minimum Square Feet Of Open S•ace To Be Provided
10 4,000
20 5,000
30 6,500
40 9,500
S0 12,500
60 15,500
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A-20 ZONE
18.24.070 Lot Requirements. In the A-20 Zone the lot requirements shall
be:
1) When used for multifamily residential purposes, the minimum lot area
shall be:
Density Dwelling Unit,
Number of Dwelling Units Lot Area Per Dwelling Unit Per Buildable Acre
3 and up 2,178 20 I,
2) The minimum average lot width shall be sixty (60') feet except on a
cul-de-sac where minimum width shall be sixty (60') feet at the building line.
3) Buildings shall not occupy more than the following percentage of the
lot areas:
Number of Dwelling Units Percentage of Lot Coverage
3 to 20 45% v�
21 to 40 50%
41 and up 55%
4
18.24.080 Setback Requirements. Except as may otherwise be provided in
Section 18. 12.100, the setbacks for uses in the A-20 Zone shall be:
1) The front yard setback shall be a minimum of twenty-five (25') feet,
2) The side yard shall be a minimum of ten (10') feet,
3) On corner lots, the setback shall be twenty (20') feet on the side
facing a street (other than the street with the address) ,
4) The rear yard shall be twenty (20') feet.
18.24.090 Building Height. Except as otherwise provided in Section
18.12. 110, no building in the A-20 Zone shall exceed a height of sixty (60')
feet, unless a height variance is granted by the Planning Commission.
Page 6
.,_. 5) Where buildings are grouped as one project on one tract of land, the
minimum distance between two (2) buildings at any given point shall not be less
than the sum of the required side yards computed separately for each building
at that point.
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18.24.090 Building height. Except as otherwise provided in Section 18.12.110,
no building in the A-20 Zone shall exceed a height of sixty (60') feet, unless
a height variance is granted by the Planning Commission.
18.24.100 Additional requirements. Additional requirements applicable
in the A-20 Zone include, but are not limited to, the following:
1) Off-street parking and loading, see Chapter 18.60.
2) Access and egress, see Chapter 18.64.
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3) Site design review. All development in the A-20 Zone shall be submitted
for site design review and shall be subject to the conditions, limitations,
prohibitions, and requirements of Chapter 18.59.
4) Planned development district. All parcels zoned. A-20 must be rezoned .
to the Comprehensive,Plan designation, and subject to the standards of a planned
development district before any development may take place in order to provide
opportunities to create more desirable environments through the application of
flexible and diversified land development standards (Chapter 18.56) . ##
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5) Density. Computation of density on the buildable portion of the site
designated A-20 is as follows:
Total site area less sensitive lands = Gross buildable area
Gross buildable area less the required public
improvements less recreational/open space = Net buildable area-
Net buildable area/lot area per dwelling unit = Total number of units
For multifamily planned unit development, up to a ten 110%) percent ' .
increase will be considered above the maximum allowable density, as determined
above, to compensate the owner only for sensitive land dedication of open space,
and/or recreational areas to the City.
18.24. 110 Usable open space and recreation areas. An area or areas for
usable open space and recreational purposes shall be provided in multifamily
developments. The provision and maintenance of open space and/or recreational
areas shall be the continuing obligation of the property owner(s) or homeowner(s) .
through an agreement approved by the City. A minimum of two hundred (200)
square feet of recreation area shall be provided for each of the first twenty
(20) dwelling units; two hundred fifty (250) square feet for units twenty-one
(21) through thirty (30) ; and three hundred (300) square feet for each unit
over thirty (30) . The surface area of recreation buildings, including swimming
pools may be included in computing the minimum size of the area. Recreational
facilities shall be provided in keeping with the need of the prospective tenants.
Recreation areas shall not be located in parking or maneuvering areas .
.
Table for Computing Multifamily Open Space Requirements
Dwelling Units Minimum Square Feet of Open Space To Be Provided
10 4,000
20 5,000
30 6,500
40 9,500
50 12,500
60 15,500
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A-40 ZONE
18:.24.120 Lot .requirements In the A-40 Zone the lot requirements shall
requirements. }wi
be as follows:
1) When used for multifamily residential purposes the minimum lot area
}
shall be:.
Density Dwelling Unit, ,.'
Number of Dwelling Units Lot Area Per Dwelling Unit Per Buildable acre
3 and up 1,089 sq. ft. 40
2) The minimum average lot width shall be sixty (60') feet except on a
cul-de-sac where minimum width shall be sixty (60') feet at the building line.
3) Buildings shall not occupy more than the following percentage of the
lot areas:
Number of Dwelling Units Percentage of Lot Coverage
3 to 20 45%
21 to 40 50% kl
41 and up 55%
Setback requirements. Except as may otherwise be provided in
(.. Section 18.12.100, the setbacks for uses in the A-40 Zone shall be as follows:
1) The front yard setback shall be a minimum of twenty-five (251) feet.
2) The side yard shall be a minimum of ten (10') feet.
3) On corner lots, the setback shall be twenty (20') feet on the side
facing a street (other than the street with the address) .
4) The rear yard shall be twenty (20') feet.
18.24.140 Building height. Except as otherwise provided in Section 18.12.110,
no building in the A-•40 Zone shall exceed•a height of sixty (60') feet unless
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a height variance is granted by the Planning Commission.
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Page 9
18.24.150 Additional requirements. Additional requirements applicable
in the A-40 Zone include, but are not limited to, the following:
1) Off-street parking and loading, see Chapter 18.60.
2) Access and egress, see Chapter 18.64.
3) Site design review. All development in the A-40 Zone shall be
submitted to site design review and shall be subject to the conditions, limitations,
prohibitions, and requirements of Chapter 18.59.
4) Planned development district. All parcels zoned A-40 must be rezoned
to the Comprehensive Plan designation, and subject to the standards of a planned
• development district before any development may take place in order to provide
opportunities to create more desirable environments through the application of
flexible and diversified land development standards (Chapter 18,56),. Proposed
developments in this zone shall be reviewed by. the appropriate Neighborhood
Planning Organization prior to review by the Planning Commission and City Council.
5) Density. Computation of density on the buildable portion of the site
designated A-40 is as follows:
Total site area less sensitive lands = Gross buildable area
Gross buildable area less the required public •
improvements less recreational/open space . = Net buildable area f'
Net buildable area/lot area per dwelling unit = Total number of units
For multifamily planned unit development, up to a ten (10$) percent increase
will be considered above the maximum allowable density, as determined above,
to compensate the owner only for sensitive land dedication of open space, and/or
recreational areas to the City.
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. .
Minimum site size: West Portland Heights A-40 Subdivision area, Tigard
Triangle, NPO #4; Due to the unusual lotting pattern of small parcels (25' x 100')
in the West Portland Heights Subdivision, the portion of this Subdivision which j
is designated A-40 by the Comprehensive Plan is declared to be an "isolated
{
problem" (Under Section 18.56.070 of the Tigard Municipal Code) . The • '" :: f'
Planning Commission may allow development on a site -less'than "
20,000 square feet, if . the applicant for a planned development can show that j
the following conditions exist:
A) The lotting, ownership, or existing development pattern on the specific
block prevents development of a larger parcel,_. • . . .
B) The authorization for development on ,a smaller site will not be materially
detrimental to the purposes of this Title, be injurious to property in the: '
zone or vicinity in which the property is located, or be otherwise detrimental , '
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Cto the objectives •of any City development, plan, or policy.
18.24.160 Usable open space and recreation areas. An area or areas for
usable open space and recreational purposes shall be provided in multifamily
P
developments. The provision and maintenance of open space and/or recreational
areas shall be the continuing obligation of the property owner(s) or homeowner(s)
through an agreement approved by the City. A minimum of two hundred (200)
square feet of recreation area shall be provided for each of,the first twenty
1.
(20) dwelling units; two hundred fifty (250) square feet for units twenty-one
(21) through thirty (30) ; and three hundred (300) square feet for each unit
over thirty (30) . The surface area of recreation buildings, including swimming
pools may be included in computing the minimum size of the area. Recreational
facilities shall be provided in keeping with the need of the prospective •
tenants. Recreation areas shall not be located in parking or maneuvering areas.
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Table for Computing Multifamily Open Space Requirements
Dwelling Units Minimum Square Feet of Open Space To Be Provided
10 4,000
20 5,000
30 6,500
40 9,500
50 12,500
60 15,500
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4111MMME■■OM
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Chapter 18.59
DESIGN REVIEW •
Sections:
18.59.010 Purpose of provisions
18.59.020 Administration Action
18.59.021 Findings •
18.59.022 Appeals Procedure
18.59.023 Fee Required
18.59.024 Modification of Plan
18.59.030 Applicability of Design Review
18.59.040 Conditional Applicability
18.59.050 Matters Exempt
18.59.060 Design Review Procedure
18.59.061 Application for Design Review
18.59.062 Standards and Criteria
18.59.063 Additional Requirements
18.59.064 Aesthetic Design
18.59.070 Minor Deviations
18.59.080 Bonding and Assurances
18.59.090 Validity Period
18.59.100 Offsite Improvement of Right-of-way
18.59.010 Purpose of Provisions. The intent and purpose of design
review is to promote the general community welfare by encouraging attention
to site planning, and giving regard to the natural environment, creative
project design and the character of the neighborhood or area; and it
is in the public interest and necessary for the promotion of the safety,
convenience, comfort and prosperity of the citizens of the city of Tigard:
(1) To preserve and enhance the natural beauties of the land and
of the man-made environment, and enjoyment thereof;
(2) To maintain and improve the qualities of and relationships
between individual buildings, structures, and the physical developments
which best contribute to the amenities and attractiveness of an area
or neighborhood;
9/80
Page 2
(3) To protect and insure the adequacy and usefulness of public
and private developments as they relate to each other and to the neighborhood
or area;
(4) To insure that each individual development provides for a
quality environment for the citizens utilizing that development as well
as the community as a whole.
(5) , To stimulate creative design for individual buildings, groups
of buildings and structures, and other physical developments;
(6) ' To encourage the innovative use of materials, methods and
techniques;
(7) To integrate the functions, appearances and locations of
buildings and improvements so as to best achieve a balance between private
prerogatives and preferences, and the public interest and welfare.
•
18.59.020 Adminsitration Action. Within thirty (30) days of receipt
of design plans in conformance with all aspects of this code, the planning„_,_ _._.,. ..
director or his agent shall approve, disapprove, or approve with conditions
all design review plans required by this chapter, except as may be otherwise
provided under Section 18.59.040, Conditional Applicability, r '
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18.59.021 Findings. Action by the planning director or his agent
shall be based upon written findings pursuant to the criteria of subsection
"d" of Section 18.59.060.
18.59.022 Appeals Procedure. Action of the planning director or
his agent may be appealed to the planning commission by the applicant
or adjacent property owner provided:
(1) The appellant delivers to the City Recorder a written notice
of appeal, stating reason(s) for the appeal based upon the criteria of
•
this chapter.
(2) Said written notice of appeal is received by the City Recorder
within ten (10) days of the applicant's receipt of notice of action by
the planning director or his agent.
(3) Action by the planning commission may be appealed to the City
Council as outlined in Tigard Municipal Code Section 18.92.020.
18.59.023 Fee Required. At the time of the filing of the application
for approval of a design review plan, the applicant shall pay a fee to
be determined by resolution of the city council. See attached schedule.
18.59.024 Modification of Plan. A request for modification of an
approved design plan shall be submitted to the appropriate city department
and shall be modified or denied in writing by the department head.
18.59.030 Applicability of Design Review. The applicability of the
requirements as outlined in this chapter shall be determined by the planning
director relative to each application for development made to the City of Tigard.
Page 4
All new buildings, structures and "physical improvements" and relocation,
addition, extension,and exterior changes of or to existing buildings,
structures, and physical improvements shall be subject to design review
including preparation of a design plan.
("Physical improvement," as used in this chapter includes, but is
not limited to, parking lot areas in excess of three spaces and loading
areas, retaining walls, signs, and cut and fill or grading actions.)
18.59.040 Conditional applicability. The planning commission or
city council may, as a condition of approval for a zoning ordinance amendment,:
or conditional use approval, require conformance
to the requirements of this chapter and may specify design approval authority.
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18.59.050 Matters exempt. Single-family detached dwelling structures
•
and accessory physical improvements, are exempt from design review.
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18.59.060 Design Review Procedure. Following a preliminary review •
of the design plan with the planning department, the applicant shall }.
•
prepare final plans incorporating all aspects of the design review plan
and file three (3) copies with any necessary documents with the planning
E..
director. If the final plans are found to be in compliance, it shall be 1;
so certified in a Staff Report. A copy of the certified plans and Staff
Report will be returned to the applicant. A copy of the final plans
with the staff report and conditions shall be distributed to the building
official and placed on file with the planning department. '
r.. (1) Conformity to Site Plan.
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(A) No building permit, grading permit, parking permit or sign
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permit shall be issued, nor any use commence or be enlarged, changed, '!I
or altered until a design review plan, as required under this chapter,
is approved by the planning director or his agent.
(B) As may be determined by the planning director or his agent,
a grading permit, parking permit or sign permit may be approved after r '
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preliminary consultation with an applicant provided adequate evidence
and findings indicate compliance with the intent and purpose of this
chapter.
(c) The planning director may approve changes in approved design
plans when he determines the changes will not significantly alter the character,
density, intensity or otherwise signifcantly change the plan. Significant
changes must be approved anew as required by this chapter.
(D) The applicant shall demonstrate continued compliance with
the approved landscape plan twelve (12) months from the date of issuance
of an occupancy permit for a site.
Noncompliance with the approved site plan, or conditions placed upon
the site in the staff report, pursuant to this section, shall be treated
as zoning ordinance violation. 1
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18.59.061 Application for Design Review. The applicant for approval
of a design review plan shall consider the intent and purpose and the
standards of this chapter in preparing a design plan as herewith required.
The application will not be processed by the planning department unless
it is complete..
As a minimum, the design plan must contain, the following:
• (1) Site plan, including vicinity map;
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Page 7
•
(2) Architectural drawings including elevations preferably prepared
by a licensed architect;
(3) Landscape plan with irrigation plan, and plant material index,
preferably prepared by a licensed landscape architect. • •
(4) Site drainage plans, Parking configuration plan.
The application, design plan and supporting documentation shall be
submitted in the form as required by the planning department. I.f the planning
director determines it within the public interest_, due to the complexity and/or
uniqueness of proposed project, to require the services of a licensed architect
and/or landscape architect, this may be mandated and applicant shall pay all
expenses incurred.
18.59.062 Standards and Criteria. The review and approval of design
plans and proposals as set forth herein, based on.the following criteria, ,
shall assure that developments and physical improvements are designed •
and located in a manner which will best satisfy the nurnose and intent
of this section.
•
(1) It will not 'impair or interfere with either the development
use, or enjoyment of other property in the vicinity, or the orderly and
pleasing development of the neighborhood, or .the design .
functions of public lands and rights-of-way.
•
(2) It will not directly, or in a cumulative fashion, impair,
inhibit, or limit further investment or improvements in the vicinity,
on the same or other properties, including public lands and rights-of-way-
(3). It will be adequately served by public facilities including,
but not limited to, sewer, streets, water, and power. The Public Works
Department shall make a determination as to the availability of public
facilities. Adequate parking shall be provided. All.nlaim for public .
improvements shall he reviewed and apnrovea' by the' Public Works Department. •
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(4) It will properly and adequately perform or satisfy its
functional requirements without being unsightly or creating substantial
•
disharmony with regard to its locale and surroundings;
(5) It will provide a safe, pleasing and liveable environment
for 'those people utilizing the development, and immediate neighbors or
community as a whole. • .
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� (6) It will be properly and adequately landscaped with maximum
retention of trees, minimum soil removal and minimum grade changes as
shall be in keeping with the general appearance of the neighborhood or ,
area, and the safe, efficient and attractive development of the site.
(7) It shall provide a minimum onsite landscape area of ten
(10) percent in accordance with the following formula;
Residential zones--Front twelve (12) feet from the street right-of-way
Commercial zones--Front ten (10) feet
Industrial zones--Front twenty (20) feet
18.59.063 Additional Reciuirements.
(1) All Areas not occupied by paved roadways or walkways
shall be landscaped and maintained.
(. ) Tree and shrub planting areas of a minimum eight (8)
feet in width within parking areas shall be provided and maintained
at approximately seventy (70) feet on center each way or an aggregate amount.
.3.) A minimum five (5) foot landscape strip along any
lot boundary. {'
(. 4) All off-street parking and loading areas shall be
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effectively screened from view from.the public right-of-way.
18.59.064 Aesthetic Design. All projects will minimize or eliminate adverse
visual effects which might otherwise result from unplanned or inappropriate
development, design or juxtapostion. Such adverse effects may include,
but are not limited to those produced by the design and locational characteristics
of:
(1) The scale, mass, height, area, and materials of buildings
and structures;
(2) Surface and subsurface drainage and appurtenant structures;
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(3) Cut and fill or the reforming of the natural terrain and
structural appurtenant thereto such as retaining walls;
(4) . Areas, paths, and rights-of-way for the containment movement
or general circulation of persons, animals, vehicles, and conveyances.
(5) Other developments or improvements such as, but not limited
to, utility lines, storage or service areas and advertizing features, which
may result in a diminuation or elimination of sun and light exposure,
views, vistas, privacy, and general aesthetic value of the neighborhood
or area. •
18.59.070 Mirror deviations.
(1) Yards required by the underlying zoning district may be varied
up to twenty (20) percent provided said variation is demonstrated to result
in a superior design in the public interest or relates to a practical
difficulty associated with the natural character of the site.
(2) Parking required by the underlying zoning district to twenty (20)
percent where special conditions warrant said variation, and considering
such factors as the following:
(A) Availability of public transit;
(B) Multiple or joint use of parking facilities;
(C) Special conditions such as housing for the elderly, low income
or studio apartments.
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18.59.080 Bonding and assurances.
(1,) The planning director may require a bond or other adequate assurance
as a condition of the design plan that conformance to the approved design
plan is completed.
The bond or other assurance shall
be released when conformance to the design plan is certified by the planning
director or his agent.
(2) Landscaping shall be installed prior to issuance of occupancy
permits, unless security equal to the cost of the landscaping as determined
by the planning director is filed with the city recorder assuring such
installation within six months after occupancy. Security may consist
of a faithful performance bond for 150% of the cost payable to the city,
cash certified check or such other assurance of completion approved by
the city attorney. If the installation of the landscaping is not completed
wihtin the six (6) month period, the security may be used by the city
to complete the installation.
18.59.090 Validity period. Design plans approved by the planning
director shall remain valid for a period of one year following the date
of its approval. If at the end of that time construction has not begun,
the the site plan approval shall lapse and shall be in effect only if
resubmitted to the director and again approved. All construction and
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development under any building permit shall be in accordance with the approved
design plans. Any departure from such plan other than provided for in
Section 18.59.070 shall be a cause for revocation of a building permit
or a denial of an occupancy permit. Any proposed changes in an approved
plan shall be submitted to the planning director in accordance with Section
18.59.020 for review and approval. Site development shall be completed
before issuance of occupancy permits unless an extension of not longer
than six months is granted by the director.
•
18.59.100 Offsite improvement and right-of-way.
P g Y� Dedications of necessary
right-of-way, street improvements, oedestrian..ways, lighting and signalization
may be required by the City as a condition of cievelcrment, if it is found'
that a need for such is caused by the development_ under consideration.
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