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Planning Commission Packet - 09/08/1987 _ _ g 1 AGENDA Tigard Planning Commission September 0, 1987 — 7:30 PM Tigard Civic Center — Town Hal] 13125 SW Hall Blvd. Tigard, Oregon 1. CALL TO ORDER 2. ROLL CALL 3 . APPROVE MINUTES FROM JUNE 16, AND JUL.v 7, 1987 4. PLANNING COMMISSION COMMUNICATION 5. PUBLIC HEARINGS 6. 1 REVIEW APPLICATIONS FOR APPOINTMENT TO NEIGHBORHOOD PLANNING ORGANIZATIONS 5.2 ZONE ORDINANCE AMENDMENT ZOA 6-86 CHAPTER 18.80 and 18 .92 Amendments to the Planned Development and Density Computations Chapters of the Tigard Municipal Code, Chapter 18.80 and 18.92. 6.3 COMPREHENSIVE PLAN AMENDMENT CPA 87-02 ZONE ORDINANCE AMENDMENT ZOA 87-03 Request by the City of Tigard to amend the following sections of the Community Development Code as they pertain to Sensitive Lands: 18.84, 10.80. 120, 18 . 120.020, 10. 134.020, 10. 162.050, 18. 130.040, and 10 .20.030. Also to amend the Comprehensive Plan Policy Section 3 .2.3 . 5,4 COMPREHENSIVE PLAN AMENDMENT CPA 87-03, ZONE ORDINANCE AMENDMENT ZOA 87-04, ZONE CHANGE ZC 87-16 NPO #1 An amendment to the Findings, Policies, and Implementation Stragegieu Document to add action Area goals and policies as an additional area of Special Concern. To assign the Action Area overlay to the CBD district. To amend the Tigard Municipal Code to add a chapter regulating development in Action Areas and to review Chapter 18.66 CBD zoning district requirements . 6. OTHER BUSINESS o UTILITY EASEMENT VACATION — BOND PARK #3 7. ADJOURNMENT nb/03&8D '^~' | TIGARD PLANNING COMMISSION MINUTES REGULAR MEETING - SEPTEMBER 8, 1987 1. President Moen called the meeting to order at 7:35 PM. The meeting was held at the Tigard Civic Center - TOWN HALL ROOM -13125 SW Hall Blvd., Tigard, Oregon. 2. ROLL CALL: Present: President Moen; Commissioners Fyre, Barber, Peterson, and Newton. Absent: Commissioners Vanderwood, Leverett, and Owens. Staff: Keith Liden, Senior Planner; Diane Jelderks, Planning Commission Secretary. 3. APPROVAL OF MINUTES o Commissioner Moen moved and Commissioner Fyre seconded to approve minutes from June 16, 1987, as submitted. Motion carried by majority of Commissioners present. Commissioners Peterson and Barber abstained. o Commissioner Moen moved and Commissioner Fyre seconded to approve minutes from July 7, 1987, as submitted. Motion carried by majority of Commissioners present. Commissioner Barber abstained. o Commissioner Moen moved and Commissioner Newton seconded to approve minutes from August 11, 1987, as submitted. Motion carried unanimously by Commissioners present. 4. PLANNING COMMISSION COMMUNICATION o Staff asked if there where other Commissioners besides Commissioners Fyre and Barber, who would be interested in attending the conference for Planning Commissioners on October 3rd, in Eugene, Oregon. President Moen stated he would like to attend, schedule permitting. 5. PUBLIC HEARINGS 5.1 REVIEW APPLICATIONS FOR APPOINTMENT TO NEIGHBORHOOD PLANNING ORGANIZATIONS The following applications were reviewed: Gordon S. Martin NPO # 4 Marjory Haglund NPO # 8 Sue Seibold NPO # 8 Margaret Nolan NPO # 8 John A. Nolan NPO # 8 Statements where included from Gordon Martin and Marjory Haglund as they were unable to attend the public hearing. Sue Seibold was present and stated why she wanted to become a member. Staff had not heard from either Margaret or John Nolan. PLANNING COMMISSIONER MINUTES - SEPTEMBER 8, 1987 PAGE 1 PUBLIC HEARING CLOSED * Commissioner Newton moved and Commissioner Fyre seconded to forward Martin, Haglund, and Seibold's applications to City Council with a recommendation for appointment. Also, to set over the review of the Nolan's applications to the September 22 public hearing. Staff will be contact Mr. and Mrs. Nolan. Motion carried unanimously by Commissioners present. 5.2 ZONE ORDINANCE AMENDMENT ZOA 6-86 CHAPTER 18.80 and 18.92 Amendments to the Planned Development and Density Computations Chapters of the Tigard Municipal Code, Chapter 18.80 and 18.92. Senior Planner Liden and Commissioners discussed the proposed amendments to the Planned Development Section of the Code. Commissioner Barber noted section numbers which did not correspond with definitions. Consensus was that the "purpose statement" should be expanded to clarify that if there are no ammenties then the application would not qualify as a Planned Development. Other topics included the difference between a Commercial • and Residential PD; Conceptual and Detailed plan approval; Net Usable open space; Net Usable Land and the density computations; Sensitive lands application combined with a Planned Development be heard concurrently; and that the density computation and PD sections coincide. PUBLIC TESTIMONY o No one appeared to speak. o No action was taken, staff will make revisions and review with the Commission at a later date. 5.3 COMPREHENSIVE PLAN AMENDMENT CPA 87-02 ZONE ORDINANCE AMENDMENT ZOA 87-03 Request by the City of Tigard to amend the following sections of the Community Development Code as they pertain to Sensitive Lands: 18.84, 18.80.120, 18.120.020, 18.134.020, 18.162.050, 18.130.040, and 18.26.030. Also to amend the Comprehensive Plan Policy Section 3.2.3. Senior Planner Liden reviewed the cover memo and discussion followed regarding the proposed allowance of land form alterations on residentially zoned land. PUBLIC TESTIMONY o Carl Johnson, 8965 SW Burnham, was present as he owns property located on Fanno Creek near Durham Road and at least one third of it is subject to flooding. He requested that parking be listed as a permitted use under section 18.84.015. Also, when a entire site is subject to flooding instead mandatory dedication there should be an option for review by the Hearings Officer. o Discussion followed regarding mandatory dedication, difference between the floodplain and floodway, the history prior to changes in the Code and how the process should be handled. PLANNING COMMISSIONER MINUTES - SEPTEMBER 8, 1987 PAGE 2 Consensus of the Commission is that there should be definite guidlines on how flood plain improvements on residential land will be made, or the entire area should be dedicated to the City. PUBLIC HEARING CLOSED RECESS 9:08 RECONVENE 9:20 PM o Discussion followed on how to proceed with the Sensitive Lands proposal. * President Moen moved and Commissioner Newton seconded to forward Zone Ordinance Amendment ZOA 87-03 and Comprehensive Plan Amendment CPA 87-02 to City Council, recommending approval with the modification that Item 5. "Allowance of landform alteration of land zoned residential" be eliminated by removing the brackets in section 18.84.040 (a) (2). Motion carried unanimously by Commissioners present: 5.4 COMPREHENSIVE PLAN AMENDMENT CPA 87-03, ZONE ORDINANCE AMENDMENT ZOA 87-04, ZONE CHANGE ZC 87-16 NPO #1 An amendment to the Findings, Policies, and Implementation Stragegies Document to add action Area goals and policies as an additional area of Special Concern. To assign the Action Area overlay to the CBD district. To amend the Tigard Municipal Code to add a chapter regulating development in Action Areas and to review Chapter 18.66 CBD zoning district requirements. A new proposal with minor modifcations was submitted to the Commission. Senior Planner Liden reviewed the memo from Senior Planner Liz Newton. PUBLIC TESTIMONY o Emmett Whitaker, 13250 SW Burham, NPO # 1 Chairman, stated he was concerned about time frame, ie. the proposal going before Planning Commission prior to being reviewed by the NPO. He expressed concerns for the existing businesses that would become prohibited uses; for section A. 2. , development standard should not be open ended; section C. 1. a., questioned the orientation of building and facilities towards transit services; and Policy 5.0, would it close down businesses who couldn't afford the public improvements. o Discussion followed as to what was expected from the Commission. PUBLIC HEARING CLOSED * Commmissioner Peterson moved and Commissioner Barber seconded to forward the proposal to City Council without a recommendation including the following comments: 1. The basic concept of an overlay zone for the downtown (CBD) appears to have merit. 2. They have concerns for the existing property owners that would become non-conforming uses. 3. That the Action Area Design Plan requirements appear to be difficult to administer. Motion carried unanimously by Commissioners present. PLANNING COMMISSIONER MINUTES - SEPTEMBER 8, 1987 PAGE 3 6. OTHER BUSINESS o Utility Easement Vacation - Bond Park 3 Senior Planner Liden reviewed the history of the Bond Park 3 resident's proposal to expand their lot lines to incorporate lot 100 into their lots. This easement vacation is the result of that approval through City Council. Discussion followed. * President Moen moved and Commissioner Newton seconded to forward the request to City Council with a recommendation for approval. Motion carried unanimously by Commissioners present. • Diane M. Jeld , Secretary ATTEST: 6/r , aLz, 0,40/ A. Donald Moen, President dmj/0891D F'. PLANNING COMMISSIONER MINUTES — SEPTEMBER 8, 1987 PAGE 4 •I",,d ks;:l'""( 3 P'"c7(: ]L' p", �_C_S�i�`� * N r rV I`J!?1x E ;ni a�r-.14. +. N,-+r...,-.,.--.�.� ! t; 5 + H; `�7'��+ t ;n„� it� ..._i �m-p 7 F r bt'4' !y w,�ng1Y. 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Iert 4),”) A 4, -C 1 #21,474.111,1$0 B1 ' land,ZONig ` -4). �te t rt1 1 1Sy -. t, #tit It* ta t )C *e Ater t8.' - to ; 1 . p qiLANNINI'l''rnW AP.�d�2-�; +�� ht' A R' �N'Tli6' O N +C«us"' OR$OO ��jY,,pp��.ff�. �..y�yy y �y yq y�� • r{ 1. a v -> I DATE / — a ' &"7 , TIGARD PLANNING COMMISSION SIGN UP SHEET NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THur NAR1F. and note their address on this sheet. (Please Print your name) ITEM/DESCRIPTION 1 AIL y% ..M 6. 1 n,„, ___ ______________________ I PROPONENT (For) OPPONENT (against) Name, Address and Affiliation Name, Address and Affiliation lei S),e/ redLO /(Z 6 ad g%,L 4etI.(, OK 4?)2-4'-5 NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME I . and note their address on this sheet. (Please Print our name) ITEM/DESCRIPTION: 2_,C)A dr:p• e) (4:1, 5. .... LWT`Y\•p J -Deu.es.o,e7n-y2AAJ,Z- PROPONENT (For) OPPONENT (against) Name, Address and Affiliation 71 Name, Address and Affiliation OATS. TIGARD PLANNING COMMISSION SIGN UP SHEET NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN TIE ∎ : and note their address on this sheet. (Please Print your name) Q ITEM/tESCRIPTION: �- O r �-7 �� 3 CP PA 43' 7 —0 Q.. 87 3 (71 PROPONENT (For) OPPONENT (against) Name, Address and Affiliation Name, Address and Affiliation d 7`t4 J-0 i/1 kit se✓1 4I(70,114-.1 .e,- , t,-ev, NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEII? NAME •■ • and note their address on this sheet. (Please Print your name) 1l,, � G ITEM/bESCRIPTION: CPA g7"6.)3 � a 7 SO itkci-rLc>h 4 a a PROPONENT (For) OPPONENT (against) Name, Address and Affiliation • Name, Address and Affiliation t ri /4/Er-T. 141Tl Kl 12 /I Pc # 1 /4(re G/'7-61.2) CITY OF TIGARD FINAL ORDER NO. 87•-- 09 PC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH APPROVES AN APPLICATION FOR A ZONE CHANGE, SUBDIVISION, SENSITIVE LANDS PERMIT, AND PLANNED DEVELOPMENT (ZC 87-01/S 87.....02/SL. 87-04/PD 87-01) REQUESTED BY PAUL BARTHOLEMY. The Tigard Planning Commission reviewed the above application at a public hearing on May 5, 1987. The Commission based its decision upon the facts, findings, and conclusions below. A. FACTS 1 . General Information CASE: Zone Change (ZC 87-01), Subdivision (S 87-02), Planned Development (PD 87-01), Sensitive Lands (SL 87-04) REQUEST: Zone Change from R-4.5 to R-4.5 (PD) (Residential, 4.5 units/acre, Planned Development) and a Subdivision/Planned Development to divide a 17 acre portion of a 35 acre parcel into 52 lots ranging between approximately 7,500 and 17,500 square feet in size and to allow development of areas containing slopes over 25 percent. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: R-4.5 (Residential, 4.5 units/acre) APPLICANT: Paul Bartholemy OWNER: Martin Zeimer 3701 SW Carmen Dr. 1928 SE 43rd Lake Oswego, OR 97034 Portland, OR 97215 LOCATION: Southern terminus of SW 132nd Avenue between SW Walnut and SW Bull Mountain Road (WCTM 251 4, Tax Lot 400 and 1200) 2. BackgroundInformati,on The subject property was annexed to the City of Tigard in 1986 (CPA 16-85/ZC 15-85) . The County Zone designation of R-6 (Residential, 6 units/acre) was changed to R-4.5 in conjunction with the annexation. The Commission reviewed a proposal to create 50 lots on 17 acres on February 17, 1987. The item was tabled so that additional information could be submitted. 3 . Vicinity Information Large parcels ranging between 3 and 40 acres surrounding the subject property. The Tigard Comprehensive Plan designates the northern and eastern properties for Low Density Residential (1-5 units/acre) and the County R-6 zone applies to the remaining properties. A 40 acre tract, which is within the City and zoned R-4.5 (PD) is immediately east. The subject property is on the north side of Bull Mountain and the terrain slopes down to the northeast. Access is provided via 132nd Avenue which connects to Walnut Avenue which is approximately one-quarter mile to the north. FINAL ORDER NO. 87-- 09 PC - PAGE 1 Two street extensions are proposed for this area in the County's Bull Mountain Community Plan, The Murray Blvd. extension is intended to connect 135th and Walnut with 121st Avenue and Gaarde Street. Preliminary engineering reviews show that the most feasible route will be north of the subject property. The Plan shows a minor collector street connection between 132nd Avenue and Bull Mountain Road. The conceptual alignment for this street traverses the subject property. 4. Site Information, and_„Proposal Description One abandoned house occupies the northern portion of the property and the remainder is undeveloped. Except for a cleared area of approximately six acres in the vicinity of the house, the parcel is totally wooded, Two intermittent streams flow through the parcel to the northeast. The parcel slopes down to the northeast from a high elevation of approximately 560 feet to 350 feet. The applicant proposes to develop the property in two phases . Phase I of the project includes the northwestern half of the parcel with the central drainageway serving as the approximate boundary between the two phases. The drainageway areas are to be designated as common open space tracts. Private streets that are 34 feet in width with 40 foot radius cul-de-sacs are intended to provide internal access for the subdivision. A narrower private access with a 20 foot width is proposed to serve lots 34 through 42. Sidewalks are intended for one side of the private and public streets. The Bull Mountain Community Plan illustrates a minor collector street connecting the present end of 132nd Avenue with Bull Mountain Road. The route is depicted in a straight line and was apparently intended to represent a conceptual alignment, however, the Comprehensive F ramework Plan does not allow for significant route modifications without a Comprehensive Plan Amendment. A significant change has been interpreted as a realignment from the properties shown to other parcels which do not presently include this future street. A copy of the plan map is attached. The applicant does not want to align the minor collector as shown on the plan map due constraints presented by the terrain and the development concept for the project. The preliminary plat offers two alternatives for the minor collector extension, however, neither would conform with the Community Plan alignment. Phase I features a street built to minor collector standards extending to the abutting western parcel. Phase II proposes a second collector proceeding south. This collector street would only be constructed if a Plan amendment does not recognize the collector street in Phase I. 5. Agency andNpO Comments The Building Inspection Division notes that steep slopes exist, primarily on Lots 8-19 and 37•-46 and that consideration should be given to the need for fill and/or engineered foundations. FINAL ORDER NO. 87- 09 PC - PAGE 2 The Tigard Water District notes that 12 inch water mains will be necessary to serve the development. The District will need to implement some line and storage improvements in order to serve this and other developments in the area. Also, the existing water line that runs through Tract "B" is within a 20 foot wide easement which must be honored. Lot 1 represents a problem in this regard and other lot lines appear too close to the easement. The Engineering Division has the following comments: a. SYREETS SW 132nd Avenue is currently under the jurisdiction of Washington County and should be improved to County interim standards from SW Walnut Street to the proposed development. This interim improvement will consist of a 22 foot pavement section with 3 inches of AC, base rock, gravel shoulders, and drainage system. This type of improvement is consistent with what the City has applied to other developments in similar situations (e.g. , Dover Landing •-- 108th Avenue) . The right—of—way and improvement standards being proposed for SW Benchview Terrace are recommended by Washington County. The County is requesting that this street be constructed to County minor collector standards and extend to the applicant's westerly plat boundary. The purpose for this classification (minor collector) is to not preclude a minor collector connection between SW 132nd Avenue and SW Bull Mountain Road which is consistent with the Bull Mountain Community Plan. As noted, direct access will not be permitted and improvements will be constructed to public street standards. The remaining streets are being proposed as private streets with 28 feet of pavement, standard curbs and a sidewalk on one side. The proposed improvements are acceptable however they should be constructed to City local street structural standards. We should also note that the proposed Murray Boulevard connection between SW Scholls Ferry Road and SW Gaarde Street as shown on the applicant's vicinity map is incorrect. The adjacent property owner to the west has retained an engineer to evaluate the extension of SW Benchview Terrace, It appears that the extension should be located slightly south of its current position to provide for more logical development of the adjacent tract. The Engineering Section may recommend slight alignment and extension changes consistent with the request if necessary. b. STORM DRAINAGE The applicant has not indicated whether the open space shown in Tracts A, B, and C is to remain private or dedicated as public greenway. If it is to remain private, provisions should be made for enforceable maintenance and storm drainage easements should be granted to the City as required. FINAL ORDER NO. 877_09_ PC •-- PAGE 3 The general layout of the storm drainage system appears to be acceptable; however, the applicant needs to demonstrate that the downstream effect on private properties is not significant or that easements will be provided. The applicant should also evaluate the need for extending the system to the westerly plat boundary. • All proposed public storm drainage lines will be subject to City review, approval and construction permit. In addition all lines must be encumbered by a 15 foot wide (minimum) easement granted to the City when not within a public street right—of—way. c. SANITARY SEWER Sanitary sewer service must be extended along SW 132nd Avenue from SW Walnut Street. The portion of sanitary sewer line, to be constructed, from SW Walnut Street to the development site would be under the jurisdiction of Unified Sewerage Agency (USA) unless transferred to the City via a special agreement. All on-site sanitary sewer would be under the jurisdiction of the City. Under current City policy, any property owner not currently within the City would have to annex prior to receiving City sewer service. All public sanitary sewer lines must be encumbered by a 15 foot wide (minimum) easement granted to the City when not within a public street right--of—way. As mentioned earlier under "Streets," the adjacent property owner to the west has evaluated the street and sanitary sewer extensions to their boundary. It appears the best location for extending the sewer to this west line is between lots 18 and 19. Washington County Fire District No. 1 has the following comments: 1 . The cul—de—sacs within the subdivision were indicated as forty (40) foot turning radiuses. As the adopted policy of both the city and county Fire District, cul—de—sacs are required to be forty five (45) feet. 2. The access road leading top lots 38, 39, 40, 41, 42 and 43 does not have an adequate turning around area for Fire Department access or emergency vehicles. A hammer head or cul—de—sac should be provided at the end of this proposed twenty (20) foot strip or driveway. Since it does entail more than two lots, it is the feeling of this Department that an adequate turnaround should be provided. 3. It was not indicated as to access or grade within the proposed subdivision. Consequently, we must request that no grade in excess of 15 percent be used so that access by emergency vehicles can be adequate and fire protection provided. 4. The plat indicates there is a dead end road proposed on the south side of the public street that will be in excess of one hundred fifty (150) feet in length, All access roads in excess of one hundred fifty (150) feet in length must be provided with adequate turning for vehicles. FINAL ORDER NO, 87 .09 PC — PAGE 4 5, Fire hydrant spacing was not indicated on the proposed subdivision, h t`' Fire hydrants must be ` y provided for fire protection as prescribed and no residential dwelling located more than five hundred (500) feet from any such fire hydrant, No other comments have been received. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2. 1 . 1, 3 . 1. 1, 3 ,4.2, 7. 1,2, 7,3 . 1, 7.4.4, 8. 1. 1 and 8. 1.3 and Community Development Code Chapters 18,50, 18.80, 18,84, 18.92, 18. 160 and 18. 164. The Bull Mountain Communit y p 7 Development Plan is addressed in conjunction with the above criteria. Since both the Washington County Comprehensive Plan and the Tigard Comprehensive Plan have been acknowledged, the Statewide Planning Goals and Guidelines no longer need to be addressed. The Planning Commission concludes that the proposal complies with the relevant Plan policies and Code criteria based upon the findings noted below: a, Policy 2. 1 .1 is satisfied because the Neighborhood Planning Organization, Community Planning Organization, and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant' s proposal. b. Policy 3 , 1 . 1 can be satisfied because the Code allows development of hillsides that are steeper than 25 percent when engineering information is provided which shows that adverse environmental, erosion, or slope stability consequences will not result. The applicant has submitted a general description of the site but techniques for mitigating any potential problems relaters to steep slopes are not included, That the Commission does not anticipate any difficulties provided that appropriate construction and erosion control measures are employed. Since many issues regarding slopes are site specific, staff recommends that methods for maintenance of slope stability and erosion control be submitted for approval in conjunction with public improvements plans and building permits on areas with grades over 2.5 percent. c. Policy 3 .4.2 is satisfied because the drainage areas will remain in their natural state and large buffer areas will be established by the proposed common open space tracts. The Bull Mountain Community Plan identifies the wildlife habitat value of this property and those adjoining. The Plan calls for the preservation of streams, water courses, and trees whenever possible. The staff concludes that the proposal is consistent with this policy. d. Policies 7. 1 .2, 7.3 . 1, and 7.4.4 can be satisfied because adequate ff water, sewer, and storm drainage facilities will be required to serve the development prior to approval of the final plat. The applicant indicates that these facilities will be provided within the subdivision as required by the City standards. FINAL ORDER NO. 87-". 09 PC — PAGE 5 • Also, the storm sewer system will be constructed so that the proposed { development will not have an adverse impact upon the drainageway areas that run in a northeasterly direction from the property. e. Policy 8. 1, 1 calls for the provision of a safe and efficient street system which accommodates present and future needs. The Bull Mountain Community Plan calls for a minor collector street between the south end of 132nd Avenue and Bull Mountain Road. The response from the County staff indicates that further information and review is necessary to determine the feasibility of the alignment proposed in this application. However, the proposed street design for Phase I is appropriate and collector street alignment to the north can be re--evaluated prior to approval of Phase II. In addition to the minor collector street, it is the intent of the City to establish adequate local connections between developments to provide alternate means of access for the convenience of local residents and for enhanced access for emergency service (police, fire, ambulance). Opportunities will be somewhat limited on Bull Mountain but the Preliminary Plan will provide appropriate options for future street connections. f. Policy 8. 1.3 will be satisfied when the conditions of approval relating to street improvements are completed. The street improvements on 132nd Avenue where the street abuts the development will be required in conjunction with Phase I of the project. Interim improvements to the remainder of 132nd Avenue north to Walnut will also be necessary. These improvements will adequately accommodate the anticipated traffic generated by the project. Also, the Murray Boulevard extension will collect much of the traffic generated by this development in the future. g. Chapter 18 ,50 of the Code is satisfied because the proposal does meet the density requirements of the R--4.5 zone. h. Chapter 18.92 is satisfied because the proposed density is consistent with Code requirements . i . Chapter 18,80 is satisfied because the proposal is consistent with the purpose and requirements of this chapter pertaining to planned developments. Planned developments are intended to be used in undeveloped areas such as this . j . Chapter 18.84 covers Sensitive Lands issues within drainageways and slopes over 25 percent. The two drainageways on the property will be avoided but some areas with slopes over 25 percent will be developed with streets, driveways or houses. Provided that grading, construction, and erosion control plans are approved by the Engineering and Building Inspection Divisions prior to initiating the development, the provisions of the chapter will be met. k. Chapter 18. 160 of the Code is satisfied because the proposal does meet the requirements set forth for the submission and approval of a preliminary plat. FINAL. ORDER NO, 87—_09__ PC -- PAGE 6 1. Chapter 18.154 of the Code will be satisfied during the approval process for the final plat. C. DECISION Based upon the above findings, the Planning Commission approves PD 87-01/S 87--02/7C 87-01/SL 87-04 subject to the following conditions: 1. UNLESS OTHERWISE NOTED BELOW, ALL. CONDITIONS SHALL. BE SATISFIED PRIOR TO RECORDING THE FINAL PLAT. 2. That SW 132nd Avenue from Walnut Street to the proposed northerly plat boundary be constructed to Washington County interim standards. In no case shall such standard be less than 22 feet of pavement section with 3 inches of AC, base rock, 3 foot gravel shoulders and drainage improvement (ditch and culverts) where necessary. Washington County may desire to have the City review, approve and issue this public improvement permit. 3 . That SW 132nd Avenue within the applicant' s site be constructed to minor collector standards as provided by Washington County. Such improvements shall include sidewalks, streetlights and underground utilities. 4. The applicant shall re-evaluate the street and sanitary sewer extensions to the west plat boundary. These public facility extensions shall be subject to review and approval from the Engineering Section. 5. The applicant shall dedicate Tracts A, B, and C to the City as Greenway. An alternative to this requirement would be to keep the tracts in private ownership with enforceable maintenance agreements and storm drainage easements where necessary. Said agreements and easements will be subject to Engineering Section approval. 6. The applicant shall demonstrate that the storm drainage downstream effect on private properties is not significant or that easements will be obtained. The applicant shall also evaluate the need for storm drainage system extension to the west plat boundary. 7. All public storm drainage and sanitary sewer lines shall be encumbered by a 15 foot wide (minimum) easement granted to the City. 8. The applicant shall obtain the necessary permits from Unified Sewerage Agency for sanitary sewer construction and provide the Engineering Section with copies of said permits. 9. A one foot strip granted to the City of Tigard shall be provided at the terminus of SW Benchview Terrace. 10. The applicant shall provide for roof rain drainage to the public stormwater system. FINAL ORDER NO, 87— 09 PC — PAGE 7 -I 11. The applicant shall obtain a letter of serviceability from the Department of Land Use and Transportation of Washington County, to perform work within the right-of-way of SW 132nd Avenue. A copy of said letter shall be provided to the City Engineering Office prior to issuance of a Public Improvement Permit. 12. Sanitary and storm sewer details shall be provided as part of the Public Improvement plans. Calculations and topographic service area --• basin map shall be provided as a supplement to the Public Improvement plans, to demonstrate evidence of area •-• basin full development serviceability. The location and capacity of existing and proposed (or future) lines shall be addressed. 13 . Additional right-of-way shall be dedicated to the Public along the SW 132nd Avenue frontage within the proposed development to increase the right-of-way to 30 feet from centerline. The description for said dedication shall be tied to the existing right-of-way centerline as established by Washington County. The dedication document shall be on City forms and approved by the Engineering Section. 14. Street Centerline Monumentation A. In accordance with ORS 92.060 subsection (2), the centerlines of all street and roadway right-of-ways shall be monumented before the City shall accept a street improvement. B. All centerline monuments shall be placed in a monument box conforming to City standards, and the top of ali monument boxes shall be set at design finish grade of said street or roadway. C. The following centerline monuments shall be set: (1) All centerline-centerline intersections. Intersections " existing streets, shall created with collector or other x g , be set when the centerline alignment of said "collector" or other street has been established by or for the City; (2) Center of all cul-de-sacs; (3) Curve points. Point of intersection (P.I. ) when their position falls inside the limits of the pavement otherwise beginning and ending points (B.C. and E.C. ) . (4) All sanitary and storm locations shall be placed in positions that do not interfere with centerline monumentation. 15. Upon completion of a cursory review of the public improvement construction drawings, seven (7) sets of plan-profile public improvement construction plans, and one (1) itemized construction cost estimate, stamped by a Registered Professional Civil Engineer, detailing all proposed public improvements shall be submitted to the Engineering Section for approval. Said drawings shall include methods for erosion control and maintenance of slope stability. FINAL ORDER NO. 87- 09 PC -- PAGE 8 16. Construction of proposed public improvements shall not commence until after the Engineering Section has issued approved public improvement plans . The Section will require posting of a 100 percent performance assurance, the payment of a permit fee and a sign installation/streetlight fee. Also, the execution of a street opening permit or construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. 17. Street design and grades and fire hydrant location shall be approved by Washington County Fire District No. 1 . 18. The final plat shall be modified as necessary to accommodate the existing Tigard Water District line and easement. 19. Plans for erosion control shall be submitted for Building Inspection Division approval in conjunction with Building Permits for all lots. 20. This approval is valid if exercised within one year of the final approval date. It is further ordered that the applicant be notified of the entry of this order. Nn PASSED: This ok day of June, 1987 by the Planning Commission of the City of Tigard. Dek-PIAA6e/ A. Donald Moen, President Tigard Planning Commission (KL:sb/2962P/0030P) FINAL ORDER NO. 87—_09__ PC — PAGE 9 AGENDA ITEM 5.1 PLANNING COMMISSION SEPTEMBER 8, 1987 MEMORANDUM CITY OF TIGARD, OR TO: Tigard Planning Commission FROM: Diane M. Jelderks, Planning Commission Secretary RE: NPO Applicants Attached are Citizen Committee Interest Applications from: Gordon S. Martin NPO # 4 (statement attached) Margaret Nolan NPO # 8 John A. Nolan NPO # 8 Sue Seibold NPO # 8 Marjory Haglund NPO # 8 C.sret-rew►ervc /-TrA-0t*ED� NPO # 8 is a new Neighborhood Planning Orginaztion formed by City Council for the recently annexed Metzger area. Each applicant should be allowed to state why they would like to become a member of their NPO. Planning Commission will need to either recommend for or against appointment to the NPO which will be forwarded to City Council for formal appointment by resolution. M M CITY OF TIFARD CITIZEN COMMITTEE INTEREST APPLICATION OREGON 25 Years of Service 1961-1986 NAME: op r GrC < Ala a r'/t vN DATE: _.5_-/A 2A2_____ 7 ADDRESS (RES.): 12 2 65 S o-' 7 Aticaue T rf• RES. PHONE: 62.0-2'17? ADDRESS (BUS.): J,Z 2 /S SGU 72 vid 4 vevi BUS. PHONE: 6 Z ?7 LENGTH OF RESIDENCE IN TIGARD: 37 r S • SUGGESTED BY: — WHERE DID YOU LIVE PREVIOUSLY? EDUCATIONAL BACKGROUND: e o lley e OCCUPATIONAL STATUS AND BACKGROUND: .5<q/ - ewcdo y -ci HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? c°," PREVIOUS COMMUNITY ACTIVITY: IV�o y Lail ��r Si e ado f/97 7 ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERAL REMARKS): BOARDS, COMMITTEES OR NPO INTERESTED IN: A170,0 Date received at City Hall Date Interviewed Date Appointed Board, Committee, or NPO ;Y Inside City Outside City (1172w) 13125 SW Hall Blvd„P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 4 /79esI a S S f /ff 7 Pimvitatici Comm4ss two July 27, 1987 Tigard Planning Commission City of Tigard P.O Box 23397 Tigard, Oregon 97223 RE: NPO #4 Reappointment Dear Planning Commission : I am requesting reappointment to NPO #4 because I feel its my civic duty to take part in, and keen informed of the future planning for the Tigard Triangle and surrounding area. Thank you for considering my request . Sincerely, Gordon S . Martin jf _Pin c i 2 CITY OF TIGA RD CITIZEN COMMITTEE INTEREST APPLICATION OREGON 25 Years of Service 1961-1986 NAME: 'y , ' r DATE: /S" ADDRESS (RES. : < ..+. ' RES. PHONE: hat - ADDRESS (BUS.): r. , j ? "? BUS. PHONE: LENGTH OF RESIDENCE 'N TIGARD: 70 u QLo s SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? ----- EDUCATIONAL BACKGROUND: /rvHr r1 OCCUPATIONAL STATUS AND BACKGROUND: , : . a , Yri, ". v F HOW LONG A VL YOU BEEN EMPLOYED WITH THIS FIRM? 1 0 0 t 6 0.#1_0 1C1704 IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERAL REMARKS) : Q t�1 y ay, '?,11_i i YltIkr,t ana t,vi, t 4 if P v 1 S 1.. i1 BOARDS, COMMITTEES OR NPO INTERESTED IN: P Date received at City Hall Date Interviewed Date Appointed Board, Conlittee, or NPO Inside City Outside City E` (1172W) , • 13125 SW Hall Blvd,P,O,Box 23397,Tigard,Oregon 97223 (503)639-4171 - ---- - w :-1 CITY OF TIGARD CITIZEN COMMITTEE INTEREST APPLICATION OREGON 25 Years of Service r lov 1961-1986 NAME: Q Im 0 DATE: /c /g4 7 ADDRESS (RES.) : 803 S- i) RES. PHONE: 610 _ 3 l ADDRESS (BUS.): cj'. Q �+y� 7 , 9„3 BUS. PHONE:, LENGTH OF RESIDENCE ik G TIGARD: `) /Q oAkS SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? p/�1j ( Qg , EDUCATIONAL BACKGROUND: , 2s i r,. T7 OCCUPATIONAL STATUS AND BACKGROUND: a y ; , , . . , . A Uar tTr HOW LONG AME YOU BEEN EMPLOYED WITH THIS FIRM? 3 4 tie/IRS IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: ORGANIZATIONS AND OFFICES: it U. P c (I uh .4 J n item I ;m doh td I t l OTHER INFORMATION (GENERAL REMARKS): BOARDS, COMMITTEES OR NPO INTERESTED IN: Np 0 g 196� gI1nr q �!_� Date received at Cit y Ha ® n 3� Date Interviewed Date Appointed Board, Committee, or NPO Inside City Outside City (1172W) 13125 SW Hall Blvd,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 _ _ ____.____._....____._.___T ,4v.2...______ • Aliki, „ II I I , CITY OF TIM RD CITIZEN COMMITTEE INTEREST APPLICATION OREGON 25 Years of Service 1961-1986 NAME: Set. S 4 60 CD DATE: 6 I : ` (Jt, q-n2.3 RES. PHONE: �o� S301 ADDRESS (RES.) : 1( Z�o 7Iw �'��� ,9 i�i�"�, ADDRESS (BUS.): g2u5 S?.) Yt2/? :s BUS. PHONE: LENGTH OF RESIDENCE IN TIGARD: I1. SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY?, (p K417/4, EDUCATIONAL BACKGROUND: (-Df(-H Ni(.-S1/1-,a OCCUPATIONAL STATUS AND BACKGROUND: 4, /J. A I K 9 4av2S . th' L to P cr eaJ Vlivi4 4-6 I" `0.1- 1- c4• V i n E u.,. 4os19 n TAB HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? ( 3 94an 5 IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? 02.71 x-U PREVIOUS COMMUNITY ACTIVITY: .-(ct�'l2D ( R.')'eat � ell--u-^x.+4 leas It�Leh.° AT ORGANIZATIONS AND OFFICES: V U � ks• OTHER INFORMATION (GENERAL REMARKS): BOARDS, COMMITTEES OR NPO INTERESTED IN: V x 1‘1(2.-r0 e r`4--i S oe o 4* c O(6 i a4- 4-44a'- Date received at City Hall Date Interviewed r_ Date Appointed Board, Committee, or NPO Inside City " Outside City (1172W) 13125 SW Hall Blvd„P,O,Box 23397,Tigard,Oregon 97223 (503)639-4171 1 . r!', CITYOF TIGARD CITIZEN COMMITTEE INTEREST APPLICATION OREGON 25 Years of Service 1961-1986 NAME: [)4_ GC \,'' L14-z ^ /7/ % G"t r'+ .` /l VI. (; DATE: !r, 1` i ADDRESS (RES.) : // } L 1 /1 -I / -' --d RES. PHONE: (J3% - G j ADDRESS (BUS.): _,-/t;ei :4 - BUS. PHONE: ---- LENGTH OF RESIDENCE IN TIGARD: .jC% z 9 � % SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? �� EDUCATIONAL BACKGROUND: ,,. rL ;`> .� r'� — C r _, ur C r -1 - _ OCCUPATIONAL STATUS AND BACKG•'.UND: HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? i2 ✓ n'�T�� _ IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: lr � i f � ORGANIZATIONS AND OFFICES: i , Z`i � ,- _ r-- 4 0 HER INFORMATION (GENERAL REMARKS): t,. BOARDS, COMMITTEES OR NPO INTERESTED IN Date received at City Hall Date Interviewed Date Appointed Board, Committee, or NPO Inside City Outside City (1172W) 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 September 2, 1987 To: Vane M. Jeldexh4 Planning Cammi444 on Sech.etany City of T.igand From: Maxjony Haglund 11075 S.W. Hatt Blvd. TAgaxd, Onegan Re: Appo'i'ntment to NPO Numbeh. 8 My rea4on4 6or becoming a member ai NPO Number 8 axe a4 £ottows: My number one objective would be to Ming the area into a cohe4.ive group to enable eliective pLann.ing. At the meeting4 p4cox to annexation to Tigard, Weat and emoti.ona were exp .e44ed Jca.thex than ifact-k' i'ng and objectivity; i.e. , olden re4.i.dent4 expheabing Oat ob &d i.ng:thei.t home's and younger ne4.cdent4 Oak of the "City o6 Ttgand." I-: feet the4e appxehen4con4 need to be laid to ne4t (y xet iabte An6onmatLon in on:det to pxogxe44 into e6ieetive development. Since I have timed here ion thirty yean4, I believe I could relate to the olden<fhe4.cdent4, and my expert ienee at Portland Community College, where I worked with many d.i44enent age4 and type4 oi people, would enable me to commUn cote well with the younger xe4.ident4. AL4o, ne4ident4 on main thanoughLaxe4 need a ne0e4entative to expxe44 thei t canceAiU in Suture development; concern which can vary nom tho4e o needent4 on the Bide At/meta. Even though we attended Metzger CPO meet&tg4 to expxe44 our pxob.tem4, we Lela the4e were not addne44ed when the plan Sox the area. was 4ubmitted to the County. Since I ti.ve on HaLC.BLvd. , I could unde t4tand and attempt to keep communication tine4, open to neti.eve apprehen con in iutune planning. I extend my apotog.ie4 Sox not attending the meeting and would be happy to meet with you at your eonve.ienee 4-6 you wi.4h. Thank you, %/L. ( c7- 4` . PLANNING COMMISSION se rug>. AGENDA ITEM 5.2 14167 MEMORANDUM CITY OF TIGARD, OREGON TO: Planning Commission July 16, 1987 FROM: Keith Liden, Senior Planner Deborah Stuart, Assistant Planner SUBJECT: Zone Ordinance Amendment ZOA 6-86 Chapter 18.80 Planned Developments Chapter 18.92 Density Computations The staff is proposing revisions of the Planned Development and Density Computation Chapters of the Code. Attached is a draft which reflects the following changes: 1. Large—scale section reorganization (see attached summary of . additions, deletions and relocations); 2. Clarification of requirements for Conceptual and Detailed Plan approvals; _ f 3. Addition of new Section 18.80.040, Definitions of Open Space Areas. — This section also attempts to set minimum requirements for required private open space areas. 4. Addition of a new Section 18.80.060 Density Computations in Planned Developments. -- This section states that density computations are restricted to the remaining net usable private land areas. 5. New and improved standards for modifications of base zone standards for residential, commercial and industrial zoning districts. — Staff is still working on standards for the latter two. { 6. Addition of standards for solar access. Additions have been identified with underlines and deletions are in [brackets]. DAS:cn/3056P/0028P SUMMARY OF PLANNED DEVELOPMENT SECTION CHANGES (ZOA 6-86) Addition [ ] Deletion 18.80.010 Purpose 18.80.015 The Process 18.80.020 Administration and Approval Process 18.80.030 Expiration of Approval - Standards for Extension 18.80.040] 18.80.080 Noncompliance - Bond %7 X[18.80.050] inserted in 18.80.015 Approval of Base Zone as Condition of A'1214"--140 Approval [18.80.060] 18.80.050 Planned Development Allowed and Disallowed 18.80.040 Definition of Open Space rr'8V '01717 18.80.070 Applicability and Allowed Uses [18.80.080] inserted in 18.80.070 - Applicability of Base Zone Provisions [18.80.090 Applicability of Site Development Review Chapter] (completely deleted) [18.80.100] 18.80.090 Phased Development [18.80.110] 18.80. 100 Submission Requirements - Conceptual Review [18.80.140] 18.80.120 Waiver of Requirements [18.80. 150] 18.80.130 Detailed Plan [18.80.190] Exceptions Underlying Zoning, Yard. . . . '' (inserted in Section 18.80,070) ;1 [18.80. 120] 18.80.110 Approval Standards for Conceptual Plans [18.80. 130] inserted in new Section 18.80.110 [18.80. 160] inserted in new Section 18.80.130 [18.80, 170] inserted in new Section 18.80. 130 [18.80. 180] inserted in new Section 18.80. 130 [18.80.200] inserted in new Section 18.80. 130 3056P/0028P a EXHIBIT "A" 18.80. PLANNED DEVELOPMENT 18.80.010 Purpose The purposes of the Planned Development overlay zone are: (1) To provide a means for creating planned environments through the application of flexible standards which allow for the application of new techniques and new technology in community development which will result in a superior living arrangement; (2) To facilitate the efficient use of land; (3) To promote an economic and creative arrangement of land uses, buildings, circulation systems, public and private open space and utilities; (4) To preserve to the greatest extent possible the existing landscape features and amenities through the use of a planning procedure that can relate the type and design of a development to a particular site; and (5) To encourage development that recognizes the relationship between buildings, their use, open 'space and accessways and thereby maximizes the opportunities for innovative and diversified living environments. 18.80.015 The Process (a) The Planned Development designation is an overlay zone applicable to all zones. (b) There are three elements to the Planned Development approval process and the elements are as follows: (1) The approval of the Planned Development Overlay Zone; (2) The approval of the Planned Development Concept Plan; and (3) The approval of the Detailed Development Plan. (c) The Planned Development Overlay Zone shall be processed in the same / manner as a zone change under the provision of Section 18.32, Administrative Procedures., except in the situation where a zone change is part of a legislative rezoning. In the case of an existing Planned Development overlay zone for a subdivision, conditional use or site development review application, the proposal shall be reviewed by the Planning Commission. In the case of an existing Planned Development overlay zone for any other type of application, the application shall be reviewed under the provisions required in the chapters which apply to the particular land use application. PLANNED DEVELOPMENT DRAFT NO. 4 (ZOA 6-86) — PAGE 1 1 }.i (d) The application for the overlay zone and for approval of the Conceptual Development Plan may be heard concurrently by the Commission if an application for eaci of the actions is submitted. (e) If the application involves the subdivision of land, the applicant may apply for preliminary plat approval and the applications shall be heard concurrently. (f) The application for the Conceptual Development Plan shall satisfy all of the requirements of' 18.80.100 and 18.80.110. The applicant may file for Exceptions under the provision of . 18.80.190. (g) The application for the Detailed. Development Plan shall be reviewed by the Planning Director and it shall satisfy all of the requirements of 18.80.210. 18.80.020 Administration and Approval Process (a) The application for a Planned Development overlay zone may be initiated as provided by Section 18.32.020. The applicant for the Conceptual Plan and Detailed Plan shall be the recorded owner of the property or an agent authorized in writing by the owner. (b) A Pre—Application Conference with City staff is required. See Section 18.32.040. (c) Due to possible changes in State statutes, or regional or local , policy, information given by staff to the applicant during the • Pre—Application Conference is valid for no more than 6 months. (1) Another Pre—Application Conference is required if any Planned Development application is submitted 6 months after the Pre—Application Conference. (2) Failure of the Director to provide any of the information required by this Section shall not constitute a waiver of the standard, criteria or requirements of the applications. (d) Notice of the Planned Development proceeding before the Commission shall be given as required by Section 18.32.130. (e) Action on the application shall be in accordance with Chapter 18.32 and the following: (1) Unless otherwise provided by this Code, the Commission f' shall hold a public hearing and approve, approve with conditions or deny the Conceptual Plan application based on findings related to the applicable criteria set forth in 18.80.190 of this Code. PLANNED DEVELOPMENT DRAFT NO. 4 (ZOA 6-86) — PAGE 2 '` (2) A decision by the Commission may be reviewed by the Council as provided by Section 18.32.310(b). (f) Where a Planned Development overlay zone has been approved, the Development Zoning District Map shall be amended to indicate the approved Planned Development designation for the subject development site. The application of the newly approved planned development overlay designation to the zoning district map shall not occur until commencement of phase one or implementation of the project. • (g) Within one year after the date of Commission approval of the Conceptual Development Plan, the owner shall prepare and file with the Director, a Detailed Development Plan. (1) Action on the Detailed Development Plan shall be ministerial and taken by the Director; and (2) A decision by the Director may be appealed by the applicant or other affected/approved parties to the Commission and the Commission shall decide whether the Detailed Development Plan substantially conforms to the approved Conceptual Development Plan based on the criteria set forth in Section 18.80.190; and (A) The decision shall be based on testimony from the applicant and the staff exclusively. (B) No notice shall be required except as required by Section 18:32.120. 18.80.030 Expiration of Approval - Standards for Extension of Time. (a) The approval of the Planned Development overlay zone shall not expire. (b) The Conceptual Development Plan approval by the Commission shall lapse if a Detailed Development Plan proposal has not been submitted for approval within the one—year period or unless an extension of time is granted. (c) The Commission shall, upon written request by the applicant, payment of the required fee, grant, grant with conditions or deny an extension of the approval period not to exceed twelve (12) months upon finding that: (1) No changes have been made on the original Conceptual Development Plan as approved by the Commission; (2) The applicant can show intent of applying for Detailed Development Plan review within the twelve—month extension period; and PLANNED DEVELOPMENT DRAFT NO. 4 (ZOA 6-86) — PAGE 3 • (3) There have been no changes in the facts or applicable policies and ordinance provisk ns on which the approval was based. 18.80.040 Planned Development Allowed and Disallowed (a) A Planned Development shall be allowed on all lands shown on the Comprehensive Plan map as "Developing Areas." See Section 18.138.030. (b) A Planned Development .shall not be allowed in residential zones located in areas designated as "Established Areas" on the Comprehensive Plan map except, the Commission may approve a Planned Development within sn "Established Area" where the Commission finds: (1) Development of the land in accordance with the provisions of the "Established Area" would: (A) Result in an inefficient use of land; (B) Result in removing significant natural features; or (C) Result in a change of the character of the area surrounding a significant historic feature or building; (2) The Planned Development approach is the most feasible method of developing the area; and (3) The site is of a size and shape that the density provisions of Chapter 18.92 .can be met. 18.80.050 Definition of Open Space Areas For the purposes of this Chapter, the term open space must be further defined as follows: (1) Open space (generally) — land areas devoid of buildings or other physical structures except as provided in Section 18.80.070 where accessory to the provision of recreational opportunities. Use of this term henceforth means both private and public open space. Open space includes: 1) land areas of the site not covered by buildings, parking facilities or accessory structures except recreational structures; and 2) land which is accessible and available to all occupants of dwelling units for whose use the space is included. Recreational facilities or structures and their accessory uses located in private recreational areas shall be considered open space as long as the total impervious surfaces (paving, pathways, parking necessary to access open space areas) constitute no more than five (5) percent of the total private open space. PLANNED DEVELOPMENT DRAFT NO. 4 (ZOA 6-86) — PAGE 4 (2) Private open space land areas devoid of any buildings or structures intended for the private use of an individual owner or group of owners (owners' association). (3) Public or common open space - land areas devoid of any buildings . or structures intended for common and public use either privately or publicly owned and maintained. (d) Net Usable open space - Net usable open space .comprises those privately owned land areas which may be used for open space purposes on a given site. The amount of net usable open space will be determined by the land's physical surface characteristics, distribution on the site, slopes, presence of natural amenities and any land areas to be dedicated to the City for greenway purposes. Net usable open space is further defined and designated via compliance with all five factors as follows: (A) Physical Surface Characteristics Those privately-owned land surfaces which do not possess characteristics of steep slope, erosion hazard potential, floodplain or drainageway, or land movement. Net usable open space may therefore include bodies of surface water. The Planning Commission shall make a determination of surface waters as net usable open space based on the following factors: (i) The extent'of these areas in relation to the area of the planned development; and, (ii) The degree to which these areas contribute to the quality, livability and amenity of the planned development. (B) Distribution Net usable private open space shall be distributed more or less equitably throughout projects in relation to the dwelling units of the people they are intended to serve and must be accessible to all residents. They may be linked by walkways or public greenways. (C) Slopes At least one-half of the required private open space shall have an overall finished grade not to exceed ten (10) percent. (D) Natural Amenities The remaining required private open space may also be improved for active recreational activities or may be left in its natural state. Unique natural assets such as PLANNED DEVELOPMENT DRAFT NO. 4 (ZOA 6-86) - PAGE 5 AmmiNNIMMMOMM unusual rock outcroppings, groves of trees or individual trees, ravine:;, ponds, natural habitats, and stream beds should be preserved wherever possible. (E) Maintenance of the privately owned open space areas shall be the responsibility of the property owners, homeowners association, developer or a professional maintenance company. (5) Open space does not include: (A) Proposed or existing street rights of way. (B) Covered or underground parking facilities and driveways and decks for dwellings. , { (C) Commercial areas and the buildings, accessory buildings, parking and loading facilities for these commercial areas. (6) No open land area may be accepted as private common open space within a planned development unless it meets the criteria contained in Section 18.80.050(1), (2) and (3) above. 18.80.060 Density Computations in Planned Developments The allowable number of dwelling units shall be calculated according to the provisions of Chapter 18.92 (Density Computations). 18.80.070 Applicability and Allowed Uses (a) In addition to the uses allowed outright in an underlying residential zone, the following uses and open space improvements shall be allowed outright where all other applicable standards are met: (1) Recreational (A) Community building; (B) Indoor recreation facility: athletic club, fitness center, racketball court, swimming pool, tennis court, or similar use; (C) Outdoor recreation facility: golf course, golf driving range, swimming pool, pond, tennis court, basketball courts, handball courts, circuit exercise stations or similar use; and (D) Recreational vehicle storage area. (2) Natural (A) Undisturbed, treed, or vegetated area (B) Wildlife, nature education center PLANNED DEVELOPMENT DRAFT NO. 4 (ZOA 6-86) — PAGE 6 (C) Ponds, lakes (0) Rock outcrops (E) Significant wetland and wildlife habitat (b) In all commercial and industrial planned developments the uses permitted outright shall comply with the underlying zoning district. (c) Modification of Base Zone Standards — Residential Base zone standards for residential development may be modified in accordance with the amount and type of open space area that is dedicated or designated as part of the development. Base zone standards may also be modified for site design, street orientation, landscaping and building designs which maximize solar access. The standards may modified as described below. (1) Lot dimensional standards for lot depth and width and structure setback standards for front, rear, corner, and side yards, excluding garage setback requirements and yard areas on the perimeter of the project development shall not apply when all of the following applicable criteria are met: (A) All of the 100—year floodplain -area within the project boundary has been dedicated to the public. (B) Sufficient pedestrian/bicycle access has been provided for nearby public br private common open space or park land, schools, (2) Minimum lot size requirements shall not apply when all of the following criteria are met: (A) The criteria in subsection (1) above have been met, PLANNED DEVELOPMENT DRAFT NO. 4 (ZOA 6-86) — PAGE 7 (B) The site has been designed to maximize solar access; (C) The site design utilizes progressive concepts which reduce such major alterations of the site, such as excavations, retaining walls, tree removal, steep road cuts and fill, and extensive grading; (D) The site design provides for private open space and recreational facilities (such as playgrounds, bike and pedestrian trails, swimming pools, tennis courts, and similar facilities) in residential zoning districts according to the follows: (i) Twenty (20 percent of net usable acreage on sites between zero (0) and ten (10) acres: (ii) Fifteen (15) percent on sites between ten (10) . and fifty (50) acres; and (iii) Ten (10) percent on sites greater than fifty (50) acres. (E) This private open space shall be improved and landscaped to reflect the intended character of the development and as approved by the Planning Commission and shall be in addition to that required by Section 18.80.120(a)(3)(L). However, Industrial and Commercial Planned Development proposals shall be allowed to use flood plain, drainage hazard, or riparian' open space on the subject property to offset up to ' fifty (50) percent of this open space, provided that the area counted for offset is not used for parking. There is maximum retention of the natural topographic features, such as drainage swales, slopes, ridge lines, rock outcroppings, ponds, vistas, natural plan formations, and trees. (D) Modification of base zone standards — commercial, industrial (E) Site coverage. The site coverage provisions of the base zone shall apply except where recreational facilities are proposed as in Sections 18.80.070(b) and (c). PLANNED DEVELOPMENT DRAFT NO. 4 (ZOA 6-86) — PAGE 8 F . (F) Building height. The building height provisions shall not apply except within 100 feet of an "Established Area." Building heights shall, wherever possible, protect lines of sight and scenic vistas from greater encroachment than would occur as a result of development meeting standard building height and setback requirements of the applicable zone. (G) The reduction of private roadway pavement width may be made if provisions are made to provide off—street parking in addition to that. required in Section 18.106 of this Code. In no event can the reduction exceed that approved by the appropriate fire district. (H) The construction design of private streets and drives need not meet the requirements of this Code which would otherwise be applicable if the Planning Commission, after recommendation of the applicable Fire District and City Engineering Division find that the design of the proposed streets and common vehicular ways is adequate to protect the public health, safety and welfare and will promote the purposes and intent of this Code. (I) Proposals for private streets shall meet the provisions set forth in Section 18.164.030(s) of this Code. (J) Exceptions to Underlying Zone, Yard, Parking and Sign Provisions and the Landscaping Provisions (1) The Commission may grant an exception to the off—street. parking dimensional and minimum number of space requirements in the applicable zone based on findings that: (i) The minor exception is not greater than 10% of the required parking; and (ii) The application is for a use designed for a specific purpose which is intended to be permanent in nature (for example, a nursing home) and which has a low demand for off—street .parking; or (iii) There is an opportunity for sharing parking and there is written evidence that the property owners are willing to enter into a legal agreement; or • (iv) Public transportation is available to the site, reducing the standards and will not adversely affect adjoining uses; or 1"!F PLANNED DEVELOPMENT DRAFT NO. 4 (ZOA 6-86) — PAGE 9 IL �i� (v) There is a community interest in the preservation of particular natural features of the site which make it in the public interest to grant an exception to parking standards. (2) The Commission may grant an exception to the sign dimensional requirements in the applicable zone based on findings that: (i) The. minor exception is not greater than 107. of the required applicable dimensional standard for signs; (ii) The exception is necessary for adequate identification of the use on the property; (iii) The sign will be compatible with the overall site plan, the structural improvements and • with the structures and uses on adjoining properties. (K) All other provisions of the base zone shall apply except as modified by this Chapter. 18.80.080 Noncompliance — Bond (a) Noncompliance with an approved Detailed Development Plan shall be a violation of this Chapter. (b) The development shall be completed in accordance with the approved Detailed Development Plan including landscaping and recreation areas before any occupancy permits shall be issued except that: (1) When the Director determines that immediate execution of any feature of an approved Detailed Development Plan is impractical due to climatic conditions, unavailability of materials or other temporary condition, the Director shall as a precondition of the issuance of a required permit, require the posting of a performance bond, or other surety, to secure execution of the feature at a time certain not to exceed one (1) year.] 18.80.090 Phased Development • (a) The Commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for C` all phases be greater than seven (7) years without reapplying for Conceptual Development Plan review. 11 (b) The criteria for approving a phased Detail Development Plan • proposal are that: (1) The public facilities shall be constructed in conjunction ,' with or prior to each phase; and prior P PLANNED DEVELOPMENT DRAFT NO. 4 (ZOA 6-86) — PAGE 10 3,' AMMINIMMOMMIN (2) The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: A temporary public facility is any facility not constructed to the applicable City or district standard. 18.80.100 Application Submission Requirements-Conceptual Development Plan (a) All applications shall be made on forms provided by the Director and shall be accompanied by: (1) Fifteen copies of the Conceptual Development Plan(s) and necessary data or narrative which explains how the development conforms to the standards: (A) Sheet size for the Conceptual Development Plan(s) and required drawings shall not exceed 18" x24" unless a larger size is approved by the Director; and (B) The scale for a Conceptual Development Plan shall be a standard engineer scale. (2) A list of the names and addresses of all who are property owners of record within 250 feet of the site. (3) The required fee. (b) The required information may be combined and does not have to be placed on separate maps. (c) The Conceptual Development Plan, data, and narrative shall include the following: (1) An existing site conditions, Section 18.80.120; (2) A site plan, Section 18.80.130; (3) A grading plan, Section 18.80.140; (4) Architectural elevations of all structures, Section 18.80.150; (5) A landscape plan, Section 18.80.160; (6) A�/�solar access concept, (optional), Section 18.80.130(f); and (7) A copy of all existing or proposed restrictions or covenants; and (8) A sign plan, Section 18.80.170. PLANNED DEVELOPMENT DRAFT NO. 4 (ZOA 6-86) - PAGE 11 18.80.110 Additional Information Required and Waiver of Requirements (a) The Director may require information in addition to that required by this Chapter in accordance with Section 18.32.080 (a). (b) The Director may waive a specific requirement for information in accordance with Section 18.32.080 (b) and (c). 18.80.120 Site Conditions (a) The site analysis drawings shall include: (1) A vicinity map showing streets and access points, pedestrian and bicycle pathways; transit stops and utility locations; (2) The site size and its dimensions; (3) Contour lines at 2-foot contour. intervals for grades 0-10% and 5-foot intervals for grades over 10 percent; (4) The location of drainage patterns and drainage courses; (5) The location of natural hazard areas including: (A) Floodplain areas (100-year floodplain and flooding), (B) Slopes in excess of 25%; (C) Unstable ground (areas subject to slumping, earth slides or movement); (D) Areas having a high seasonal water table within 0-24 inches of the surface for three or more weeks of the year; (E) Areas having a severe soil erosion potential; or (F) Areas having severe weak foundation soils. (6) The location of resource areas as shown on the Comprehensive Plan map inventory data including: (A) Wildlife habitats; and (B) Wetlands; (7) The location of site features including: (A) Rock outcroppings; and (B) Trees with 6" caliper or greater measured 4 feet from ground level. PLANNED DEVELOPMENT DRAFT NO 4 (ZOA 6-86) - PAGE 12 k, 1': (8) The location of existing structures on the site and proposed use of those structures; (9) The location and type of noise sources on the site or on adjoining property such as traffic ways, mechanical equipment or noise producing land uses if requested by the Director of Planning and Development. 18.80.130 The Site Development Plan The proposed site development plan shall be at the same scale as the site analysis and shall include the following information: (1) The proposed site and surrounding properties; (2) Contour line intervals (see Section 18.120.110 (a)(3); (3) The location, dimensions and names of all: (A) Existing and platted streets and other public ways and easements on the site and on adjoining properties and (8) Proposed streets or other public ways and easements on the site. (4) The location and dimension of: (A) The entrances and exits on the site; (8) The parking and circulation areas; (C) Loading and services areas: (0) Pedestrian and bicycle circulation; (E) Outdoor common areas; and (F) Utilities. (5) The location, dimensions and setback distances of all: (A) Existing structures, improvements and utilities which are located on adjacent property within 25 feet of the site and are permanent in nature. (8) Proposed structures, improvements and utilities on the site. (6) The location of areas to be landscaped; (7) The location and type of outdoor lighting considering crime prevention techniques; (8) The location of mailboxes; PLANNED DEVELOPMENT DRAFT NO. 4 (ZOA 6-86) — PAGE 13 ' i (9) The locations of proposed utility lines; and (10) The location of all structures and their orientation. 18.80.140 Grading Plan The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: (1) Requirements in Sections 18.120.110 and 18.120.120 of this Chapter. (2) The location and extent to which grading will take place indicating general contour lines, slope ratios and slope stabilization proposals. (3) A statement from a registered engineer supported by factual data substantiating: (A) The validity of the slope stabilization proposals; and (8) That all problems will be mitigated and how they will be mitigated. 18.80.150 Architectural Drawings The site development plan proposal shall include: (1) Floor plans indicating the square footage of all structures proposed for use on-site; and (2) Typical elevation drawings of each structure. 18.80.160 Landscape Plan (a) The landscape plan shall be drawn at the same scale of the Site :' Analysis plan or a larger scale if necessary and shall indicate: (1) Location of underground irrigation system sprinkler heads where applicable; I ' (2) Location and height of fences, buffers and screenings; t' ti (3) Location of terraces, decks, shelters, play areas and ':: common open spaces; and 1 (4) Location, type, size and species—of existing and proposed plant materials. a, (b) The landscape plan shall include a narrative which addresses: (1) Soil conditions; and (2) Erosion control measure that will be used. x' /, PLANNED DEVELOPMENT DRAFT NO. 4 (ZOA 6-86) - PAGE 14 i'; R I 4. II 18.80.170 Sian Drawings Sign drawings shall be submitted in accordance with Chapter 18.114 of this Code. 18.80.180 Approval Standards for Conceptual Plans (a) The Commission shall make findings that the following criteria are satisfied when approving, or approving with conditions or the criteria are not satisfied when denying an application. (1) All the provisions of the Land Division provisions, Chapter 18.162, et seq, shall be met. (2) The provisions of the following Chapters shall be met: (A) Chapter 18.92, Density Computation and Limitations (B) Chapter 18.144, Accessory Uses and Structures (C) Chapter 18.96, Additional Yard Area Requirements (D) Chapter 18.98, Building Height Limitations, Exceptions (E) Chapter 18.102, Visual Clearance Areas (F) Chapter 18.100, Landscaping and Screening (G) Chapter 18.106, Off—street Parking and Loading Requirements (H) Chapter 18.108, Access and Egress (I) Chapter 18.114, Signs (3) In addition, the following criteria shall be met: (A) Relationship to the Natural and Physical Environment: (i) The streets, buildings and other site elements .shall be designed and located to preserve the existing trees, topography, and natural drainage and surface waters to the greatest degree possible. (ii) Structures located on the site shall not be in areas subject to ground slumping and sliding. (iii) There shall be adequate distance between on site buildings and other on—site and off—site buildings on adjoining properties to provide for adequate light and air circulation and for fire protection. PLANNED DEVELOPMENT DRAFT NO. 4 (ZOA 6-86) — PAGE 15 (iv) The structures and streets shall be oriented with consideration for [the sun] solar access and wind directions, where possible. (v) Trees with a 6 inch caliper measured at 4 feet in height from ground level, shall be saved, where possible. (B) Buffering, screening and compatibility between adjoining uses: (i) Buffering shall be provided between different types of land uses (for example, between single } 1 family and multiple family residential and residential and commercial). (ii) In addition to the requirements of the buffer matrix, the following factors shall be considered in determining the adequacy and • extent of the buffer required under 18.100. a. The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust or to provide a visual barrier; b. The size of the buffer needs in terms of L` width and height to achieve the purpose; c. The direction(s) from which buffering is needed; d. The required density of the buffering; and e. Whether the viewer is stationary or mobile. (i) On-site screening from view from adjoining properties of such things as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the j following factors shall be considered in 1 determining the adequacy of the type and extent of the screening: a. What needs to be screened; • b. The direction from which it is needed; and c. Whether the screening needs to be year I around. PLANNED DEVELOPMENT DRAFT NO. 4 (ZOA 6-86) - PAGE 16 (C) Privacy and Noise: (i) Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, for the protection of the private areas on the adjoining properties from view and noise. (D) Private Individual Outdoor Area — Single Family Residential Uses: (i) In addition to the requirements of subsection (3) each ground level residential dwelling unit shall have an outdoor private area (patio, terrace, porch) of not less than 48 square feet; (ii) Wherever possible, private outdoor open space uses should be oriented toward the sun; and (iii) Private outdoor spaces shall be screened or designed to g provide privacy for the uses of the space. (E) Private Common Outdoor — Multi—family Residential Uses: (i) In addition to subsection (iii) below, each multiple dwelling development shall incorporate shared usable outdoor recreation areas within the development plan as follows: a. Studio units up to and including two bedroom units; 200 square feet per unit. 4, b. Three or more bedroom units; 300 square feet per unit. . (ii) Shared outdoor recreation space shall be readily f' observable from adjacent units for reasons of crime prevention and safety. } (iii) The required recreation space may be provided as follows:a. It may be all outdoor land areas; b. it may be part outdoor space and part 11:111 indoor space; for example, an outdoor : tennis court and indoor recreation room; and c. It may be all public or common space; or {ffiy' PLANNED DEVELOPMENT DRAFT NO 4 (ZOA 6-86) — PAGE 17 d. It may be part common space and part private; for example, it could be an outdoor tennis court, indoor recreation room and balconies on each unit; and e. Where balconies are added to units, the balconies shall not be less than 48 square feet. (F) Access and Circulation: • (i) The number of allowed access points for a development shall be provided in Chapter 18.112 of this Code. (ii) All circulation patterns within a development must be designed to accommodate emergency vehicles. (iii) Provisions shall be made for pedestrian and bicycleways if such facilities are shown on an adopted plan. (G) Landscaping and Open Space: (i) The net usable private-open space meets all five tests discussed in Section 18.80.040 above for physical surface characteristics, distribution, slopes and natural amenities (where applicable). (ii) The net usable private open space meets the quantity criteria as provided in Section 18.80.070(c)(2)(E). (iii) Landscaped area. At a minimum, the amount of landscaped area for the development shall meet the requirements of the applicable residential, commercial, or industrial zone. (vi) Total allowable impervious surfaces such as .parking necessary for access to the open space or bike/pedestrian paths shall constitute no more than five percent of the total open space. (vii) Trees shall be sited so that they do not obstruct solar access, wherever possible. (H) Public Transit: (i) Provisions for public transit may be required where the site abuts a public transit route. The required facilities shall be based on: PLANNED DEVELOPMENT DRAFT NO. 4 (ZOA 6-86) — PAGE 18 a. The location of other transit facilities in the area; and b. The size and type of the proposed development. (ii) The required facilities shall be limited to such facilities as: a. A waiting shelter; b. A turn-out area for loading and unloading; and c. Hard surface paths connecting the development to the waiting area. (I) Signs: (i) In addition to the provisions of Chapter 18.114, Signs and in accordance with Section 18.80.070(g): a. Location and dimensions of all signs proposed for the development site; and b. The signs shall not obscure [vehicle driver's] motorist sight distance. (3) Parking: All parking and loading areas shall be laid out in accordance with the requirements set forth in Chapter 18.106. (K) Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18. 112 and the criteria in the adopted CH2M-Hill 1981 Master Drainage Plan. (L) Floodplain Dedication: Where landform alterations and development are allowed within the 100-year floodplain outside the zero-foot rise floodway, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain for greenway purposes. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. PLANNED DEVELOPMENT DRAFT NO. 4 (ZOA 6-86) - PAGE 19 (M) The potential for maximizing solar access on the site. (N) Where the site is subject to land slides or other potential hazard, a soils and engineering geologic study based on the proposed project shall be submitted which shows the area can be made suitable for the proposed development. 18.80.190 Additional Information Required and Waiver of Requirements (a) The Director may require information in addition to that required by this Chapter in accordance with Section 18.32.080(a). (b) The Director may waive a specific requirement for information in accordance with Section 18.32.080(b) and (c). 18.80.200 Application Submission Requirements — Detailed Plan (a) The site plan shall be at the same scale as the site conditions, and shall show the following: (1) The applicant's entire property and the surrounding property to a distance sufficient to determine the relationship between the applicant's property and proposed development and adjacent property and development. (2) Boundary lines and dimensions for the perimeter of the property and the dimensions for all proposed lot lines, section lines, corners and monuments. (3) The location of at least one temporary benchmark and contours as provided by section 18.80.110(a)(3). (4) Identification information, including the name and address of the owner, developer and project designer, and the scale and north arrow. (5) The location, dimensions and names of all: (A) Existing and platted streets and other public ways, railroad tracks and crossings and easements on adjacent property and on the site; (B) Proposed streets or other public ways, easements on the site. (6) The location, dimensions and setback distances of all: (A) Existing structures, improvements, utility and drainage facilities on adjoining properties. (B) Existing structures, improvements, utility and drainage facilities to remain on the site. PLANNED DEVELOPMENT DRAFT NO. 4 (ZOA 6-86) — PAGE 20 (C) Proposed structures, improvements, utility and drainage facilities on the site. (7) The location and dimensions of: (A) The entrances and exits to the site; (B) The parking and circulation areas; (C) Pedestrian and bicycle circulation areas; (D) On-site outdoor recreation spaces and common areas; (E) Above ground utilities. (8) The location of areas to be landscaped. (9) The location and type of street lighting with specific consideration given to crime prevention. • (b) Grading and Drainage Plan The grading and drainage plan shall be at the same scale as the site conditions and shall include the following: (1) The location and extent to which grading will take place indicating general contour lines, slope ratios, and slope stabilization proposals. (2) A statement from a registered engineer supported by factual data that all drainage facilities are designed in conformance with the City's Master Drainage Plan. This shall be reviewed by the City Engineer. (3) Identification information, including the name and address of the owner, developer, project designer and the project engineer. (c) Utility Plan (d) The Landscape Plan The landscape plan shall be prepared on the Site Plan and in addition shall show: (1) The location of the underground irrigation system or hose bibs; (2) The location and height of fences and other buffering or screening materials; • PLANNED DEVELOPMENT DRAFT NO. 4 (ZOA 6-86) - PAGE 21 (3) The location, size and species of the existing plant materials; and (4) The location, function and height of proposed plant materials (Buffer, shading, cover, etc.); (5) The location of the trees to be removed. (6) The landscape plan shall be accompanied by a narrative description of: (a) The soil conditions and the plant selection requirements relating to the soil conditions. (b) Plans for soil treatment such as stockpiling the top soil. (c) The erosion controls which will be used if necessary. • Sign Drawings (i) Dimensions of all signs proposed for the development site; and (ii) A site plan for freestanding signs showing location; and (iii) A diagram showing dimensions of the wall on which the sign will be placed; Public Open Space Where the open space is designated on the plan as common open space the following shall apply: (1) The open space area shall be shown on the final plan and recorded with the Director. (2) The open space shall be conveyed in accordance with one of the following methods: (A) By dedication to the City as, publicly owned and maintained as open space. Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement, and budgetary and maintenance limitations. (B) By leasing or conveying title (including beneficial ownership) to a corporation, home association or other legal entity with the City retaining the development rights to the property. The terms of such lease or other instrument of conveyance, must include provisions suitable to the City Attorney for guaranteeing the following: PLANNED DEVELOPMENT DRAFT NO. 4 (ZOA 6-86) — PAGE 22 • (i) The continued use of such land for the intended purposes. (ii) Continuity of property maintenance. (iii) When appropriate, the availability of funds required for such maintenance. (iv) Adequate insurance protection. (v) Recovery for loss sustained by casualty and condemnation or other wise. (C) By any method which achieves the objectives set forth in subsection (2) above. (q) Solar Access Plan Where a site design is proposed which would maximize solar access, a narrative should be provided as to how certain • design features given below will facilitate access: (1) Building height (2) Vegetation and tree species, their placement and height (3) Building orientation and spacing (4) Street design and orientation (5) Architectural design (6) Building setbacks 18.80.210 Approval Standards for Detailed Plans (1) The Director shall approve the Detailed Development Plan upon finding that the final plan conforms with the Conceptual Development Plan approved, or approved with conditions by the Commission. The detailed plan shall be approved based upon the findings that: (A) The change will not increase the residential densities; the lot coverage by buildings or reduce the amount of parking; (B) The change will not reduce the amount of private open space and landscaping; (C) The change does not involve a change in use; t•. p;. (D) The change commits land to development which is not environmentally sensitive or subject to a potential hazard and F�F PLANNED DEVELOPMENT DRAFT NO 4 (ZOA 6-86) — PAGE 23 • { (E) The change does not involve a major shift in the location of buildings, proposes streets, parking lot configuration, utility easements, landscaping or other site improvements. (F) The streets and roads for public use are dedicated without reservation or restriction other than revisionary rights upon vacation of any such street or road and easements for public utilities; (G) The streets and roads held for private use and indicated on the conceptual plan have been approved by the City; (H) The detailed plan contains a donation to the public of all common improvements, including but not limited to streets, roads, parks, sewage disposal and water supply systems; (I) An explanation is included which explains all of the common improvements required as conditions of approval and are in recordable form and have bee recorded and referenced on the plat. (3) The detailed plan complies with the applicable zoning ordinance and other applicable ordinances and regulations. (2) Substantial modifications made to the approved Conceptual Development Plan as determined by the Planning Director shall require a new application. 3056P/0028P PLANNED DEVELOPMENT DRAFT NO 4 (ZOA 6-86) PAGE 24 Agenda Item 5.3 Planning Commission MEMORANDUM P'�p`rnr $'1.1 (�G? CITY OF TIGARD, OREGON TO: Planning Commission July 15, 1987 FROM: Keith Liden, Senior Planner Deborah Stuart, Assistant Planner SUBJECT: Chapter 18.84 Sensitive Lands -- ZOA 87-03 and CPA 87-02 A series of three separate zone ordinance amendments are being processed by staff concerning the Sensitive Lands Chapter of the Code. In order to meet Federal Emergency Management Agency (FEMA) requirements and a June 15 deadline, the staff proposed the first revision of the Sensitive Lands Chapter. The City Council held a public hearing on June 8 on the FEMA changes (ZOA 87-01) and adopted the final order and declared an emergency. This second separate zone ordinance amendment will allow the Planning Commission and City Council additional time to consider the following changes: 1. A shift in the review authority for drainageways, steep slopes, and wildlife/wetland areas to the Director from the Hearings Officer. 2. Flood lain review authority is retained by the Hearings Officer. P y y g 3. Allowance of minor projects that do not result in any fill (eg. water line installation) without Sensitive Lands approval. 4. Modification of Policy 3 .5.3 and appropriate Code sections to make it clear that flood plain dedication is a condition of development approval. 5. Allowance of landform alteration of land zoned residential. Addition of Section 18.84.035 to include other significant wetland/wildlife habitats identified in the Comprehensive Plan along with relevant evaluation criteria will occur as part of a third zone ordinance amendment in the coming year. This section is still in a very rough form and may require further revision prior to our periodic review with LCDC probably in 1989. DAS,:cn/3253P/30P "EXHIBIT A" 18.84 SENSITIVE LANDS 18.84.010 Purpose (a) Sensitive Lands are lands potentially unsuitable for development because of their location within the 100—year floodplain, within natural drainageway, on steep slopes or on unstable ground. (b) Sensitive land areas are designated as such to protect the public health, safety and welfare of the community through the regulation of these sensitive land areas. (c) Sensitive Lands regulations contained in this Chapter are intended to maintain the integrity of the rivers, streams, and creeks in Tigard by minimizing erosion, promoting bank stability, maintaining and enhancing water quality and fish and wildlife habitats, and preserving scenic quality and recreational potentials. [(d) Development is prohibited within all areas designated as significant wetlands on the Floodplain and Wetlands Map. Development on property adjacent to significant wetlands shall be done under the planned development section of the Community Development Code. In addition, no development shall occur on property adjacent to areas designated as significant wetlands on the Floodplain and Wetlands Map within 25 feet of the designated wetlands area.] [(e) Except as explicitly authorized by other provisions of this Chapter, all other uses are prohibited on sensitive land areas.] [(f) A use established prior to the adoption of this Code, which would be prohibited by this Chapter or which would be subject to the limitations and controls imposed by this Chapter shall be considered a nonconforming use. Nonconforming uses shall be subject to the provisions of Chapter 18.132 of this Code.] [(g)](d) The regulations of this Chapter are intended to implement the Comprehensive Plan and the Federal Emergency Management Agency's flood insurance program, and help to preserve natural sensitive land areas from encroaching uses and to maintain the September 1981 zero—foot rise floodway elevation. [(h)](e) The areas of special hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study of the City of Tigard," dated September 1, 1981, with accompanying Flood Insurance Maps (updated February, 1984) is hereby adopted by reference and declared to be a part of this Chapter. This Flood Insurance Study is on file at the Tigard Civic Center. ZOA 87-03 AND CPA 87-02 (7-15-87) — PAGE 1 [(i)](f) When base flood elevation data has not been provided in accordance with Section 18.84.010(h), the Director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source, in order to administer Sections 18.84.026(h) and (1) . [(j)](q) City actions under this Chapter will recognize the rights of riparian owners to be free to act on the part of the City, its commissions, representatives and agents, and land owners and occupiers. (h) For the purposes of this Chapter, the word "structure" shall exclude: children's play equipment, picnic tables, sand boxes, shelters, grills, and basketball hoops. 18.84.015 Applicability of Uses — Permitted, Prohibited and Nonconforming (a) Except as provided by subsect° ,, (b), the following uses shall be outright permitted uses within sensitive land areas: (1) Accessory uses such as lawns, gardens or play areas; (2) Agricultural uses conducted without locating a structure within the sensitive land area; (3) Community recreation uses such as bicycle and pedestrian paths or athletic fields or parks, excluding structures; (4) Public and private conservation areas for water, soil, open space, forest and wildlife resources; (5) Removal of poison oak, tansy ragwort, blackberry or other noxious vegetation; (6) Maintenance of floodway, excluding rechanneling; (7) Fences, except in the floodplain area; (b) Separate permits shall be obtained from the appropriate Community Development Division for the following: , (1) Installation of underground utilities and construction of roadway ' improvements including sidewalks, curbs, streetlights, and driveway aprons; (2) Minimal ground disturbance(s) but no landform alterations; and 4. (3) Repair, reconstruction or improvement of an existing structure or utility, the cost of which is less than 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction provided no development occurs in the floodway. ZOA 87-03 AND CPA 87-02 (7-15-87) — PAGE 2 1 [(b)] [The following uses and activities are permitted only by a Sensitive Lands permit granted by the Hearings Officer except as provided by 3(A) and (B)] The Hearings Officer shall grant, a Sensitive Lands permit upon review of requests for: [(1) A] a land form alteration or development within the 100—year floodplain[;]. [(2) A land form alteration or development on slopes of 25% or greater and unstable ground;] [(3) Land form alteration or development within a drainageway where there is year round water flow, unless: (A) The drainageway is proposed to be incorporated into a public facility of adequate size to accommodate maximum water flow in accordance with the adopted 1981 Master Drainage Plan as prepared by Ch2M Hill; or (B) The land is not proposed to be partitioned, subdivided or developed.] [(4) Application pursuant to subsection 3 (A) and 3 (B) shall be approved by the Director.] (d) The following uses and activities are permitted only by a Sensitive Lands permit granted b, the [Hearings Officer] Director: (1) A landform alteration or development on slopes of 25 % or greater and unstable ground; (2) Land form alteration or development of areas outside of the 100 year floodplain within a drainageway where there is year round water flow, unless: (A) The drainageway is proposed to be incorporated into a public facility of adequate size to accommodate maximum water flow in accordance with the adopted 1981 Master Drainage Plan. rl [(d)](e1 A Sensitive Lands Permit approval shall be obtained before construction or development begins within any area of special flood hazard or drainageway as established in 18.84.015 (b) and (c) above. The permit shall apply to all structures including manufactured homes. [(c)] (f) Except as explicitly authorized by other provisions of this Chapter, all other uses are prohibited on sensitive land areas. Fil l.l ZOA 87-03 AND CPA 87-02 (7-15-87) — PAGE 3 i.; I 1 1 i [(d)] (g) A use established prior to the adoption of this Code, which would be prohibited by this Chapter or which would be subject to the limitations and controls imposed by this Chapter shall be considered a nonconforming use. Nonconforming uses shall be subject to the provisions of Chapter 18.132 of this Code. i 18.84.020 Administration and Approval Process 1 (a) The applicant for a Sensitive Lands permit shall be the recorded E owner of the property or an agent authorized in writing by the owner. r t . t (b) A Pre-Application conference with City staff is required. See Section 18.32.040. (c) Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the Pre-Application Conference is valid for not more than 6 months. f (1) Another Pre-Application Conference is required if any variance application is submitted more than 6 months after the Pre-Application Conference. (2) Failure of the Director to provide any of the information required by this Chapter shall not constitute a waiver of I: the standard, criteria or requirements of the application. (d) The hearings Officer shall approve, approve with conditions or s! deny an application for Sensitive Lands permit as set forth in !, Section 18.84.015 (b)(1)(2)(3), excluding subsections (b)(3)(A) and (3)(B). The Hearings Officer's decision may be reviewed by ,I the Council as provided by 18.32.310(b). ;�, II (e) The Director shall approve, approve with conditions or deny an application for a Sensitive Lands permit as set forth in ,;,'�. Sections 18.84.015(b)(4). The decision made by the Director may be appealed to the Planning Commission as provided by a' 18.32.310(a) . (f) The appropriate approval authority shall review all Sensitive Lands Permit applications to determine that all necessary permits shall be obtained from those Federal, State or local governmental agencies from which prior approval is also required. (q) The Director shall notify communities adjacent to the affected .' area and the State Department of Land Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (h) The Director shall require that maintenance is provided within s` the altered and relocated portion of said watercourse so that II the flood carrying capacity is not diminished. (. 4 ZOA 87-03 AND CPA 87-02 (7-15-87) - PAGE 4 (i) The Hearings Officer and the Director shall apply the standards set forth in Section 18.84.040 of this Chapter when reviewing an application for a Sensitive Lands permit. (j) The Director shall give notice of applications to be heard by the Hearings Officer as provided by 18.32. 130. (k) The Director shall mail notice of any sensitive lands application decision to the persons entitled to notice under 18.32.120. 18.84.025 Maintenance of Records (a) Where base flood elevation data is provided through the Flood Insurance Study, the Building Official shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (b) For all new or substantially floodproofed structures, the Building Official shall: (1) verify and record the actual elevation (in relation to mean sea level), and (2) maintain the floodproofing certifications required in this Chapter. (c) For all new or substantially floodproofed structures, the Director shall: (1) Maintain for public inspection all other records pertaining to the provisions in this Chapter. 18.84.026 General Provisions (a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (c) Electrical, heating, ventilation, plumbing, and air—conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (d) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system in accordance with the Uniform Building Code and the Uniform Plumbing Code. ZOA 87-03 AND CPA 87-02 (7-15-87) -- PAGE 5 (e) All new construction, all manufactured homes and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (f) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and (g) On—site water disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (h) Residential Construction (1) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. (2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. • Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (i). A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (i) Nonresidential Construction (1) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities; shall: (i) be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (ii) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. ZOA 87-03 AND CPA 87-02 (7-15-87) — PAGE 6 (iii) be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in Section 18.84.025(b) . (iv) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in 18.84.026(h)(2) . Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. , a building constructed to the base flood level will be rated as one foot below that level). 18.84.030 Expiration of Approval — Standards of Extension of Time (a) Approval of a Sensitive Lands permit shall be void after one year: (1) Unless substantial construction of the approved plan has begun within one year period; or (2) If construction on the site is a departure from the approved plan. (b) The [Hearings Officer] original approval authority shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed six months provided that: (1) No changes are made on the original plan as approved by the [Director] approval authority; (2) The applicant can show intent of initiating construction of the site within the six—month extension period; and (3) There have been no changes in the facts or the applicable policies and ordinance provisions on which the approval was based. (c) The decision of the [Hearings Officer] approval authority may be reviewed by the Council as provided by 181.32.310(b) . 11111118.84.045 Exceptions for Development in the 108th/113th Ravine Significant Wetlands Area below the 140' Elevation 4,�- Under the Sensitive Lands Permit process, the [Hearings Officer] u Director may allow portions of the Ravine at 108th and 113th -� designated as a significant wetlands area to develop provided that all of the following criteria are met. ZOA 87-03 AND CPA 87-02 (7-15-87) — PAGE 7 (1) All of the land (within the ravine) being considered for development is at less that 25% slope. (2) There are no unstable soil conditions on the land being considered for development. (3) The provisions of Chapter 18.150 TREE REMOVAL shall be met. 18.84.040 Approval Standards (a) The Hearings Officer shall make findings that all of the following criteria are satisfied when approving, approving with conditions or denying an application request within the 100-year floodplain; (1) Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any narrowing of the floodway boundary. [(2) The land form alteration or development within the 100-year floodplain shall be allowed only in an area designated as commercial or industrial on the Comprehensive Plan Land Use Map;] [(3) The land form alteration or development is not .located within the floodway;] [(4)] (2) [The] Where a landform alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the [zero-foot rise floodway] 100-year flood; [(5)] (3) The land form alteration of development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; [(6)] (4) The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; [(7) The land ' within the 100-year floodplain boundary which remains after development shall be dedicated to the public.] (b) The [Hearings Officer] Director shall make findings that all of the following criteria are satisfied when approving, approving with conditions or denying an application request for a Sensitive Lands permit on slopes of 25% or greater or unstable ground: (1) The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the uses; ZOA 87-03 AND CPA 87-02 (7-15-87) - PAGE 8 ■ (2) The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on--site and off—site effects or hazards to life or property. (3) The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions; Wet/high water table; high schrink—swell capability; compressible/organic; and shallow depth—to—bedrock; and (4) Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Section 18. 100 (LANDSCAPING AND SCREENING) . (c) The [Hearings Officer] Director shall make findings that all of the following criteria are satisfied when approving, approving with conditions or denying an application request for a Sensitive Lands permit within drainageways: (1) The extent and nature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the uses; (2) .The proposed land form alteration or development will not result in erosion, stream sedimentation, ground stability or other adverse on—site and off—site effects or hazards to life or property; (3) The water flow capacity of the drainageway is not decreased; and (4) Where natural vegetation has been removed due to land form alteration or the development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Section 18. 100 (LANDSCAPING AND SCREENING) . (5) The drainageway will be replaced by a public facility of adequate 'size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan; and [(6) The land on which the alteration is to take place will not be partitioned, subdivided or developed as a part of this application request.] (6) The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands Approvals shall be obtained. ZOA 87-03 AND CPA 87-02 (7-15-87) — PAGE 9 I, 47711 S7), Where landform alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. [(d) The Director shall make findings that all of the following criteria are satisfied when approving, approving with conditions or denying an application request for a Sensitive Lands permit within drainageways; (1) The extent and nature of the proposed land form alteration will not create site disturbances to an extent greater than that required for the uses; (2) The proposed land form alteration will not result in erosion, stream sedimentation, ground stability or other adverse on-site and off-site effects or hazards to life or property; (3) The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan as prepared by CH2M Hill; and (4) The land on which the alteration is to take place will not be partitioned, subdivided or developed as a part of this application request.) [18.81.045 Exceptions for Development in the 108th/113th Ravine Significant Wetlands Area below the 104' Elevation Under the Sensitive Lands Permit process, the Hearings Officer may allow portions of the Ravine at 108th and 113th designated as a significant wetlands area to develop provided that all of the following criteria are met. (1) All of the land (within the ravine) being considered for development is at less than 25% slope. (2) There are no unstable soil conditions on the land being considered for development. (3) The provisions of Chapter 18. 150 TREE REMOVAL shall be met.] 18.84.050 Application Submission Requirements (a) All applications shall be made on .forms provided by the Director and shall be accompanied by: ZOA 87-03 AND CPA 87-02 (7-15-87) - PAGE 10 (1) Five copies of the Sensitive Lands permit proposal and necessary data or narrative which explains how the proposal conforms to the standards, and (A) The site plan(s) and required drawings shall be on sheets not exceeding 18" x 24" unless a larger size is approved by the Director; and r (B) The scale for the site plan(s) shall be [20, 50 or 100 feet to the inch] a standard engineering scale. (C) All drawings or structure elevations or flood plans shall be a standard architectural scale, being 1/4" or 1/8" to the foot. (2) A list of the names and addresses of all persons who are property owners of record within 250 feet of the site. (3) The required fee. (b) The required information may be combined on one map. (c) The site plan(s), data and narrative shall include the following: (1) An existing site conditions analysis, Section 18.84.070; (2) A site plan, Section 18.84.080; (3) A grading plan, Section 18.84.090; '. (4) A landscaping plan, Section 18.84.100 18.84.060 Additional Information Required and Waiver of Requirements (a) The Director may require information in addition to that required by this Chapter in accordance with Section 18.32.080 t' (a) . (b) The Director may waive a specific requirement for information in accordance with Section 18.32.080 (b) and (c). 18.84.070 Site conditions } (a) The site analysis drawings shall include: 1 (1) A vicinity map showing streets and access points, pedestrian and bicycle pathways, and utility locations; (2) The site size and its dimensions; E (3) Contour lines at 2—foot intervals for grades 0-10% and 5—foot intervals for grades over 10 percent; ICA 87-03 AND CPA 87-02 (7-15--87) — PAGE 11 1 (4) The location of drainage patterns and drainage courses; (5) The location of natural hazard areas including: (A) Floodplains areas (100-year floodplain and floodway); • (B) Slopes in excess of 25%; (C) Unstable ground (areas subject to slumping, earth slides or movement); (D) Areas having a high seasonal water table within 24 inches of the surface for three or more weeks of the year; • (E) Areas having a severe soil erosion potential; or as defined by the Soil Conservation Service; (F) Areas having severe weak foundation soils. (6) The location of resource areas as shown on the Comprehensive Plan inventory map and as required in Section 18.84.035 including: (A) Wildlife habitat; and (B) Wetlands. (7) The location of site features including: (A) Rock outcroppings; and (B) Trees with 6" caliper or greater measured 4 feet from ground level. • (8) The location of existing structures on the site and proposed use of those structures. 18.84.080 The Site Plan (a) The proposed site development plan shall be at the same scale as the site analysis plan and shall include the following information: (1) The proposed site and surrounding properties; E' (2) Contour line intervals (see Section 18.84.070 (a)(3); (3) The location, dimensions and names of all: (A) Existing and platted streets and other public ways and easements on the site and on adjoining properties; and ZOA 87-03 AND CPA 87-02 (7-15-87) - PAGE 12 a, (B) Proposed streets or other public ways and easements on (' the site. (4) The location and dimension of: (A) The entrances and exits on the site; (B) The parking and traffic circulation areas; (C) Loading and services areas; (D) Pedestrian and bicycle facilities; a' (E) Outdoor common areas; and `" (F) [Above ground] Utilities. (5) The location, dimensions and setback distances of all: :` (A) Existing structures, improvements and utilities which are located on adjacent property within 25 feet of the 1- site and are permanent in nature. (B) Proposed structures, improvements and utilities on the site. (6) The location of areas to be landscaped; and ' (7) The concept locations of proposed utility lines. ;1 (8), The method for mitigating anv adverse impacts upon wetland, riparian, or wildlife habitat areas. ,. 18.84.090 Grading Plan (a) The site plan shall include a grading plan which contains the following information: (1) Requirements in Sections 18.84.070 and 18.84.080 of this Chapter. (2) The identification and location of the benchmark and r' corresponding datum. [(2)](3) The location and extent to which grading will take place indicating contour lines, slope ratios and slope stabilization proposals. [(3)101 A statement from a registered engineer supported by factual data substantiating: 1 ' 1 :F (A) The validity of the slope stabilization proposals; '?: (B) [That other off—site problems will be mitigated;] That other off—site impacts will not be created; ZOA 87-03 AND CPA 87-02 (7-15-87) — PAGE 13 I, 1 (C) Stream flow calculations; (D) Cut and fill calculations; and (E) Channelization measures proposed, 18.84.100 Landscape Plan (a) The landscape plan shall be drawn at the same scale of the Site Analysis plan or a larger scale if necessary and shall indicate: (1) Location and height of fences, buffers and screenings; (2) Location of terraces, decks, shelters, play areas and common open spaces, where applicable; and (3) Location, type and size of existing and proposed plant materials. (b) The landscape plan shall include a narrative which addresses: (1) Soil conditions; and (2) Erosion control measures that will be used. OTHER CODE AMENDMENTS 18.26,030 [Drainageways. Any land which requires larger than a 12" pipe at minimum slope.] Drainageway. Undeveloped land inundated during a 25-year storm with a peak flow of at least 5 cubic feet per second and conveyed, at least in part, by identifible channels that either -, drain to the Tualatin-River directly or after flowing through other drainageways, channels, creeks, or floodplain. 18.80.120 (Approval Standards for Planned Developments) (L) Floodplain Dedication Where landfill and/or development is allowed within or ad'acent to the 100-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall 4.nclude portions at a suitable elevation for the construction of a .edestrian/bic cle •athwa with the flood.lain in accordance with the adopted pedestrian bicycle pathway plan. 18.94.030 (Manufactured/Mobile Home Park Standards) Sri Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require the dedication of sufficient o.en land area for .reenwa ad'oinin• and within the floodplain. This area shall include ••rtions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. ZOA 87-03 AND CPA 87-02 (7-15-87) - PAGE 14 5 18. 134.020 (Applicability of Variance Provisions) SS Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require the dedication of sufficient o.en land area for •reenwa adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. 18. 162.050 (Partition Approval Criteria) Where landfill and/or development is allowed within or adjacent to the 100- ear flood.lain the Cit shall require the dedication of sufficient open land area for greenway adjoining and within the flood.lain. This area shall include •ortions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. 18.130.040(c) (Approval Standards for Conditional Uses) (13) Requiring the dedication of sufficient open land area for greenway adjoining and within the floodplain when landform alterations and development are allowed within the 100-year floodplain. (14) Require the construction of a pedestrian/bicycle pathway within the flood.lain in accordance with the adopted pedestrian bicycle pathway plan. VOLUME II POLICY 3.5.3 3.5.3 The City has designated the 100-year floodplain of Fanno Creek, its tributaries, and the Tualatin River as greenway, which will be the backbone of the open[-] space system. Where landfill and/or development are allowed within or ad'acent to the 100-year floodplain, the City shall require the dedication of sufficient ,open land area for a_reenwav adjoining and within the floodplain. DS:cn/3253P/30P ZOA 87-03 AND CPA 87-02 (7-15-87) - PAGE 15 • -- ` . �' ' AGENDA ITEM PLANNING COMMISSION SEPTEMBER 8, 1987 MEMORANDUM CITY OF TIGARD, OREGON TO: Planning Commission September 2, 1987 . , FROM: Liz Newton, Senior Planner 14' 2% SUBJECT: "Action Areas" Among the Council goals for 1087-88 are "DEVELOP CITY CENTER ACTION PLAN" and "DEVELOP TARGETED ECONOMIC DEVELOPMENT ACTION PLAN" , The City Center Plan Task Force was appointed about 6 months ago to spearhead the City Center Plan, The Economic Development Committee has taken the lead on the targeted • Economic Action Plan, The Tigard Triangle Area will be reviewed as part of this effort. City Council is concerned that development not he prohibited in these special areas during the development of goals and design standards but that development which does occur be somewhat compatible with future plans for the areas . To accomplish thin, staff proposes that the City adopt the "Action Area" concept which is loosely modeled after the activity centers concept used in Clackamas County around Clackamas Town Square. The Action Area concept involves three major elementn . First, it requires that areas to be reviewed like the CBD or Triangle be designated as Action Areas , Second, it requires that a Design Plan be adopted for Action Areas. Lastly, it requires that interim standards as net forth in the Code provisions be addressed for any 1 development occurring in an Action Area to ensure that the development is not in conflict with intentions of a proposed Design Plan. Attached are the proposed standards to be included in the Development Code and the proposed goals and policies to be included in the Comprehensive Plan. RECOMMENDATION 1. Review the proposed development standards and goals and polices, suggest modifications and recommend approval to City Council. 2. Recommend to City Council that the area designated CBD on the Comprehensive Plan be designated as an Action Area. ob/8760D � • k5\II\0■±3A 67Air ACTION AREAS PURPOSE This Chapter is designed to implement the policies of the Comprehensive Plan for Action Areas which include provisions for a mixture of intensive land uses which encourage pedestrian circulation and facilities and public transit. APPLICABILITY The provisions of this chapter apply to Action Areas designated on the comprehensive plan Map. USES Permitted Uses and Conditional Uses allowed in an Action Area shall be as specified in the underlying zoning district. DEVELOPMENT STANDARDS All development within an Action Area is subject to the review and application requirements under sections 18. 120.010 — 18. 120. 100 and Chapter 18.130. as modified below: A. Action Area Design Plan: All new developments and expansions of existing developments shall comply with the adopted design plan for the Action Area 1, The design plan will provide for a coordinated approach to area planning and development. 2. The design plan may require the provision of, or participation in, the development of Rybklic facility improvements to implement the design plan. Such iMp' ovements may include, but are not limited to, the following: a. Road dedications and improvements; b. Participation in signalization; c. Sidewalks and bikeways; d. Crosswalks and/or overpasses; e. Storm drainage facilities; f. Sewer and water service lines and improvements; g. Underground utilities; h. Street lights; i. Transit stops and bus shelters; j . Transit information displays; k. Participation in Park—and—Ride facilities; 1. Participation in public restrooms; m. Street tree and median landscaping and development; and, n. Open space, pedestrian plazas. B. Interim Requirements: In the absence of an adopted design plan, it may be required that the foregoing issues, under subsection be addressed, for new developments as necessary to serve the use and — 1 provide for transit service and projected public facility needs of the area, pursuant to chapter 18.164 as determined by the Planning Director. C. Conditions of Approval: The City may attach conditions to any development within an Action Area to achieve the following objectives: 1. The development shall address transit usage by residents, employees, and customers if the site is with one quarter mile of a public transit line or transit stop. Specific items to be addressed are as follows: a. Orientation of buildings and facilities towards transit services b. Minimizing transit/auto conflicts; c.. Encouraging transit supportive users; d. Shared parking and structure or under structure parking to avoid excess parking area. 2. The development shall facilitate 'pedestrian/bicycle circulation if the site is located on a street with designated bikepaths or adjacent ' to a designated greenway/open space/park. Specific items to be addressed are as follows: a. Provision of efficient, convenient, and continuous pedestrian and bicycle transit circulation systems, linking developments: within the Action Area, and surrounding development; b. Separation of auto and truck circulation activities from pedestrian areas; c. Pedestrian—oriented design; d. Provision of k4cycle parking; and, Q. Outdoor lightilig. 3. Coordination of development within the Action Area. Specific items to be addressed are as follows: a. Continuity and/or compatibility of landscaping, circulation, access, public facilities, and other improvements; b. Siting and orientation of land uses which consider surrounding land uses or an adopted plan; and, c. Provision of frontage roads or shared access. D. Prohibited Uses: 1. Outdoor storage of materials, products or supplies. — 2 ACTION AREAS Action Areas are designated on the land use map where transit service and pedestrian traffic are encouraged in conjunction with Commercial, Light Industrial and Medium, Medium-Nigh and High Density Residential Uses. GOALS o Reinforce the mutually supporting nature of intense land uses and high accessibility of major transit stations. o Encourage the use of public transit and facilitate that use through land use and design controls. o Encourage and facilitate pedestrian traffic through land use, circulation patterns and design controls. POLICIES 1.0 Designate as Action Areas concentrations of General Commercial, Light Industrial, Medium, Medium-High, and High Density Residential where the following criteria are met. a. Area is generally within one-quarter mile of a major transit center or trunk route. b. Areas with existing uses which are frequented by pedestrians, or vacant land which could support uses which would be patronized by pedestrians and/or transit riders. c. Areas which are currently automobile oriented may be included in anticipation of a chitipge of use or redesign of pedestrian ways to better integrate the Mi a into the action area. 2.0 Determine permitted uses through zoning. Further regulation of uses in Action Areas shall be accomplished with an overlay zone which limits specific automobile oriented uses as permitted uses and encourages a higher level of uses which are pedestrian and public transit oriented. 3.0 Require that all development permitted in action areas be designed to facilitate pedestrian movement within the center and to transit. 4.0 Review and update city parking ordinances to recognize parking needs in Action Areas. 5.0 Develop a design plan for each Action Area to provide guidance for financing public improvements and integrating various land uses. Plans for automobile, transit, pedestrian and bicycle circulation, open space, storm drainage, sewer c�,e, and lighting will be included. The City will have the primary responsibility for developing the design plan but will coordinate with Oregon Department of Transportation, and Tri-filet. 6.0 Development in the Action Areas may be subject to special circulation and design considerations during design review prior to completion of the design plans. -• 3 - _ ... _ •_ - . . . • -- , - .,,. r , , . ,,.• i„. 7.0 Encourage formation of Local Improvement Districts or other suitable programs for each action area tl finance implementation of the design plans. cs/0307D , • , 1, . 1-.. , , .i..,, . , L , . t....'1 h , v , •. 1...-, • ■ 1:,,- • 1-: r , [ . , . ,.. . , 14 1 k t,. . t. 1'3 ..... , . E.: , ................../i„ • 1.s .,... t., , p... • • ACTION AREAS 7 PURPOSE This Chapter is designed to implement the policies of the Comprehensive Plan for Action Areas which include provisions fora mixture of intensive land uses. APPLICABILITY The provisions of this chapter apply to Action Areas designated on the comprehensive plan Map. USES Permitted Uses and Conditional Uses allowed in an Action Area shall be as specified in the underlying zoning district. PROHIBITED USES 1. Outdoor storage of materials, products, or supplies. 2. On—site outside storage of fleet vehicles in excess of two single axle vehicles. DEVELOPMENT STANDARDS All development within an Action Area is subject to the review and application requirements under sections 18. 120.010 — 18.120. 100 and Chapter 18.130. as modified below: • A. Action Area Design Plan: All new developments and expansions of existing developments shall comply with the adopted design plan for the Action Area. 1. The design plan will provide for a coordinated approach to area planning and development. 2. The design plan may require the provision of, or participation in, the development of public facility improvements to implement the design plan. Such improvements may include, but are not limited to, the following: a. Road dedications and improvements; b. Participation in signalization; c. Sidewalks and bikeways; d. Crosswalks and/or.overpasses;. e. Storm drainage-facilities; f. Sewer and water service lines and improvements; g. Underground utilities; h. Street lights; i. Transit stops and bus shelters; j . Transit information displays; • k. Participation in Park—and—Ride facilities; 1. Participation in public restrooms; m. Street tree and median landscaping and development; and, n. Open space, pedestrian plazas. 1 B. Interim Requirements: In the absence of an adopted design plan, it may be required that the foregoing issues, under subsection be addressed, for new developments as necessary to serve the use and provide for projected public facility needs of the area, pursuant to chapter 16.164 as determined by the Planning Director. C. Conditions of Approval : The City may attach conditions to any development within an Action ' Area to achieve the following objectives: 1. The development shall address transit usage by residents, employees, and customers if the site is with one quarter mile of a public transit line or transit stop. Specific items to be addressed are as follows: a. Orientation of buildings and facilities towards transit services; b. Minimizing transit/auto conflicts; c. Encouraging transit supportive users; d. Shared parking and structure or under structure parking to avoid excess parking area. 2. The development shall facilitate pedestrian/bicycle circulation if the site is located on a street with designated bikepaths or adjacent to a designated greenway/open space/park. Specific items to be addressed are as follows: a. Provision of efficient, convenient, and continuous pedestrian . and bicycle transit circulation systems, linking developments within the Action Area, and surrounding development; b. Separation of auto and truck circulation activities from pedestrian areas; c. Pedestrian—oriented design; d. Provision of bicycle parking; and, e. Outdoor lighting. 3. Coordination of development within the Action Area. Specific items to be addressed are as follows: a. Continuity and/or compatibility of landscaping, circulation, access, public facilities, and other improvements; b. Siting and orientation of land uses which consider surrounding land uses or an adopted plan; and, c. Provision of frontage roads or shared access. — 2 — ACTION AREAS Action Areas are designated on the land use map where transit service and pedestrian traffic are encouraged in conjunction with Commercial, Light Industrial and Medium, Medium-High and High Density Residential Uses. GOALS o Reinforce the mutually supporting nature of intense land uses and high accessibility of major transit stations. o Encourage the use of public transit and facilitate that use through land use and design controls. o Encourage and facilitate pedestrian traffic through land use, circulation g p patterns and design controls. POLICIES • 1.0 Designate as Action Areas concentrations of General Commercial, Light Industrial, Medium, Medium-High, and High Density Residential where the following criteria are met. a. Area is generally within one-quarter mile of a major transit center or trunk route. b. Areas with existing uses which are frequented by . pedestrians, or vacant land which could support uses which would be patronized by pedestrians and/or transit riders. c. Areas which are currently automobile oriented may be included in anticipation of a change of use or redesign of pedestrian ways to better integrate the use into the action area. 2.0 Determine permitted uses through zoning. Further regulation of uses in Action Areas shall be accomplished with an overlay zone which limits specific automobile oriented uses as permitted uses and encourages a higher level of uses which are pedestrian and public transit oriented. 3.0 Require that all development permitted in action areas be designed to facilitate pedestrian movement within the center and to transit. 4.0 Review and update city parking ordinances to recognize parking needs in Action Areas . 5.0 Develop a design plan for each Action Area to provide guidance for financing public improvements and integrating various land uses. Plans for automobile, transit, pedestrian and bicycle circulation, open space, storm drainage, sewerage, and lighting will be included. The City will have the primary responsibility for developing the design plan but will coordinate with Oregon Department of Transportation, and Tri-Met. 6.0 Development in the Action Areas may be subject to special circulation and design considerations during design review prior to completion of the design plans. - 3 - 7.0 Encourage formation Local Improvement Districts or other suitable programs for each action area to finance implementation of the .="^=.. plans. w6/0387O ■ • • • 1. • • • t. tf • • | ^ , . ' - - 0 MEMORANDUM CITY OF TIGARD, OREGON c,4/ TO: Keith Liden and Randy Clarno August 6, 1987 FROM: Cathy Wheatley SUBJECT: Utility Easement Vacation — Bond Park No. 3 -- Public Hearing Scheduled for September 14, 1987 Attached is a copy of the letter which will be sent to surrounding property owners notifying them of the September 14, 1987 Council hearing for the above--referenced vacation request. Section 15.08 of the TMC outlines the information needed from your offices which must be presented to Council at the Public Hearing. Please note this material will be due September 2, 1987 for the Council packet of the 14th. Thanks for your help. cw/0384D • cc: Diane Jelderks w/resolution 44� rr£ fp } August 10, 1987 i 1 Re: Bond Park No. 3 Subdivision (Lots 58 through 69) Vacation of Public Utility Easements t, Dear Property Owner: The Tigard City Council will hold a public hearing on Monday, September 14, 1987 at 7:30 p.m. at the Tigard Civic Center Town Hall Room, 13125 S.W. Hall Boulevard, Tigard, Oregon to consider the proposed vacation of the above—mentioned utility easements. (See enclosed location map.) Any interested person may appear and be heard for or against the proposed vacation of said lands. Any written objection or remonstrance shall be filed with the City Recorder by September 14, 1987 by 7:30 p.m. at Tigard City Hall at the address listed below. The vacation requested was initiated on August 3, 1987 by the Tigard City Council at the request of Waverly Construction and the property owners of Lots 58-69 of Bond Park No. 3 to return the land to private ownership. The legal description of the parcel to be vacated is also attached for your information. If you need further information, please contact my office. Sincerely, Catherine Wheatley Deputy Recorder cw 1:.I Enclosures cc: Randy Clarno =� Keith Liden CITY OF TIGARD, OREGON RESOLUTION NO. 87— /(r A RESOLUTION CONCERNING VACATION OF A PORTION OF PUBLIC UTILITY EASEMENTS LOCATED WITHIN BOND PARK NO. 3, A RECORDED SUBDIVISION PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (Waverly Construction ET AL) WHEREAS, a vacation request has been received and filed with the City Recorder for vacation of public utility easements. WHEREAS, this portion of land was previously dedicated for public utility purposes, it has been determined to not be needed by the City for this purpose in its current alignment; and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said parcel. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (1) That the Tigard City Council initiates the vacation request with the understanding that those property owners who would normally sign a petition shall be notified by mail of the proceedings and that the benefitin g property owners will pay all fees and charges as et out in TMC Chapter 15.08. 2 That a ( ) public hearing is hereby called to be held by the City Council on Monday, September 14, 1987, at 7:30 P.M. at the Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council shall hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said lands. (3) That the City Recorder be, and she is hereby, authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard hereby designated for such purpose, a notice of said hearing in the form hereto attached and by this reference made a part hereof, the first publication to be August 13, 1987 and once each week thereafter for five publishings in all. The Recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice in the form attached, at or near each end of the area proposed to be vacated. (4) That the particular portion of dedicated public utility easement proposed to be vacated is described on the attached sheet headed Exhibit "A" and by reference made a part hereof. PASSED: This day of/4643 ., 19. sell '7 City of Tigard ATTA : Council President City Recorder, City of Tigard RESOLUTION NO. 87-- 1// Page 3 na 1f117Rn _ V I "EXHIBIT A" A strip of land being located in the Southwest Quarter of Section 12, Township 2 South, Range 1' West, W.M. , City of Tigard, Washington County, Oregon, and being more particularly described as follows: The west 6 feet of lots 58 through 69, Bond Park No. 3, Washington County Plat Records. cs/0173p ICI - I __....... .. 1...9■4411 NI 9044=44mos ow•■••••■•4 ma 1 _ _ _ _ ,,. . 1 , "e: 0 I N I I I i : 1 I 1 I 2 1 1 ; - 1 1 : *LO. •-----. I I I 1 I i 4000 • EXISTING 6' PUBLIC •944c UTILITY EASEMENT ' I I . 33o.wci I. - SURF a't PL.' 3130'0 \ 22T0.Iiii.'412 1:1`0;:i° . 20 _ - _ _ _ ....r.. 200 i 100 S ; 3900. • 58 57 i 56 3 97.4c I w .{I.:4c b. • I Z 4, . 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