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09/20/2004 - Packet POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. 0 • AGENDA , 'IL City■ City of Tigard CoaannniOy Development TIGARD PLANNING COMMISSION ShapiugA Better Community SEPTEMBER 20, 2004 7:00 p.m. TIGARD CIVIC CENTER- RED ROCK CREEK CONFERENCE ROOM 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. COMMUNICATIONS 4. APPROVE MINUTES 5. DISCUSSION - SECTION 18.350 OF THE DEVELOPMENT CODE (PLANNED DEVELOPMENTS) 6. OTHER BUSINESS 7. ADJOURNMENT rM w ® I CITY OF TIGARD PLANNING COMMISSION Meeting Minutes September 20, 2004 1. CALL TO ORDER President Padgett called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Red Rock Creek Conference Room, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Padgett; Commissioners Anderson, Bienerth, Buehner, Caffall, Haack, Meads, and Sutton Commissioners Absent: Commissioner Munro Staff Present: Dick Bewersdorff, Planning Manager; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS President Padgett noted the Tigard Chamber of Commerce Candidates' Forum lunch on Tuesday, September 21st at the Greenwood Inn. He also advised of another forum on October 14th, at 7:00 p.m. in the Tigard Water Building sponsored by the City. The League of Oregon Cities is sponsoring a forum at the City on September 30th 4. APPROVE MEETING MINUTES It was moved and seconded to approve the August 16, 2004 meeting minutes as submitted. The motion passed by a vote of 7-0. Commissioner Caffall abstained. 5. DISCUSSION — SECTION 18.350 OF THE DEVELOPMENT CODE (PLANNED DEVELOPMENTS) President Padgett led the discussion on planned developments. He noted that as land gets developed, we eventually get down to parcels that are the least desirable and most challenging for development. Developers usually request a planned development overlay for those parcels. In planned developments, developers are asked for concessions in return for recognition that the parcel is difficult to develop. The City is willing to give concessions, if we get something back in return. The concessions are subjective on the Planning Commission's part. In order to have consistency and fairness to both the public and to developers, Padgett asked if the Commission should consider being more quantitative — should we have specific quantitative amounts of concessions, based on the types of concessions that the developers are asking for? If the Commission decides to do that, in what manner will we do it? For instance, we allow density bonuses and density transfers in certain conditions and we, in PLANNING COMMISSION MEETING MINUTES -September 20,2004-Page 1 • general, require that open space be left. Should we make a quantitative rule that for"x" percent in increase in density, we would require "y" number of square feet in open space? Should we require the open space to be maintained in certain way, developed in certain way, or have certain types of access to the open space? Should we have a formula in our tree code for the number of trees that should be left in an open space? Padgett would like to see a quantitative list of guidelines for developers. Commissioner Buehner reported that the Planned Development Review Committee has talked about the possibility of offsite mitigation. Padgett asked, if we allow offsite mitigation, should it be within a certain proximity of the property? Commissioner Meads asked if a proposed open space would only be for the benefit of the people in the planned development or would it be for the greater good of the City. Padgett answered that it would serve the people of that area, not necessarily just that development; it would not be restricted. Commissioner Bienerth noted that most open spaces are small and maintained by Homeowner Associations. They may not be keen on opening it up for others. Padgett remarked that the City does not want open spaces donated to the City for maintenance. Padgett advised that he wanted to get the Commissioners thinking about what's good for the public and what's fair for developers. One of the arguments is if we should we even allow planned developments. Commissioner Buehner brought up Measure 37. If the implementation of land use rules restricts development, what kind of concessions could we make then? President Padgett referred to language in the Development Code about the purpose of planned developments — "... maximizes the opportunities for innovative and diversified living environments." He thinks this is a key element of the Code. As we go through the Comp Plan review and as we get information from the Development Code Review Committee, Padgett said he wants the Commission to be on track and not get lost in a case by case basis without having some objectivity. We need to know what we want and we need to let the developers know what we're going to be looking at hard and fast, what we're going to be more lenient towards, and what we're going to be more receptive to. Commissioner Haack asked if the subcommittee has looked at any alternatives. He thinks it could be dangerous starting from scratch. Padgett said we would be getting recommendations and ideas from the committee, but he wants the Commission to start thinking about the broad picture with an idea of being more quantitative rather than subjective. Padgett suggested coming up with guidelines rather than hard and fast rules. The guidelines could be posted and/or incorporated into the Development Code. Dick Bewersdorff said the guidelines could be defined well enough without disrupting the application process and without getting too detailed. Padgett suggested a list PLANNING COMMISSION MEETING MINUTES -September 20,2004-Page 2 of things in the Code that we would consider, e.g., open space, permeable driveways, earth friendly houses. Commissioner Meads asked if there is any documentation of what's been done in the past. President Padgett suggested looking at PD cases that the Commission has denied or sent back for more work. Commissioner Caffall believes we need leave ourselves a lot of leeway since we are dealing with "ugly ducklings". We need to be flexible. Dick Bewersdorff advised that the Planned Development Review committee recommendations will be presented to the Planning Commission probably in November. 6. OTHER BUSINESS President Padgett thanked the Commissioners for attending the meeting tonight and remarked on the importance of good attendance. 7. ADJOURNMENT The meeting adjourned at 7:30 p.m. Jerr-- - nor, Plann'.g Corn ' ssion Secretary ATTEST: Presiden /ark Padgett PLANNING COMMISSION MEETING MINUTES -September 20,2004-Page 3 CITY OF TIGARD TIGARD PLANNING COMMISSION ROLL CALL HEARING DATE: Zv-G171 STARTING TIME: :C0 rig,. COMMISSIONERS: MARK PADGETT(PRESIDENT) MARTY ANDERSON JODIE BIENERTH GRETCHEN BUEHNER REX CAFFALL BILL HAACK KATHY MEADS JUDY MUNRO (VICE-PRESIDENT) V SCOT SUTTON STAFF PRESENT: DICK BEWERSDORFF JIM HENDRYX MORGAN TRACY BARBARA SHIELDS MATT SCHEIDEGGER JULIA HAJDUK GARY PAGENSTECHER DUANE ROBERTS KIM MCMILLAN BETH ST. AMAND GUS DUENAS 411 Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 The Process 18.350.030 Administrative Provisions 18.350.040 Noncompliance: Bond 18.350.050 Applicability in Commercial and Industrial Zones 18.350.060 Allowed Uses 18.350.070 Applicability of the Base Zone Development Standards 18.350.080 Exceptions to Underlying Development Standards 18.350.090 Conceptual Development Plan Submission Requirements 18.350.100 Approval Criteria 18.350.110 Shared Open Space 18.350.010 Purpose A. 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,i.e., zero-lot lines,narrower streets, and other innovative planning practices which will result in a superior living arrangement; 2. To facilitate the efficient use of land; 3. To promote an economic arrangement of land use,buildings,circulation systems,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. 18.350.020 The Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. B. Elements of approval process. There are three elements to the planned development approval process,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. Planned Developments 18.350-1 — Code Update: 06/02 410 1110 C. Decision-making process. A new planned development overlay zone and/or concept plan shall be processed by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.100. The detailed development plan shall be reviewed by means of a Type II procedure, as.governed by 18.390.040, to ensure that it is substantially in compliance with the approved concept development plan. 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. D. Concurrent overlay zone and conceptual plan applications. The application for the overlay zone and for approval of the conceptual development plan may be heard concurrently if an application for each of the actions is submitted. E. Concurrent overlay zone and subdivision applications. If the application involves subdivision of land, the applicant may apply for preliminary plat approval and the applications shall be heard concurrently. 18.350.030 Administrative Provisions A. Zoning map designation. Where a planned development overlay zone has been approved,the zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. B. Time limit on filing of detailed development plan. Within 1-1/2 years after the date of Commission approval of the conceptual development plan, the owner shall prepare and file with the Director a detailed development plan. Action on the detailed development plan shall be ministerial and taken by the Director by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria below: 1. The Director shall approve the detailed development plan upon finding that the fmal plan conforms with the conceptual development plan approved, or approved with conditions by the Commission. The detailed plan shall be approved unless the Director fords: a. The change increases the residential densities, increases the lot coverage by buildings or reduces the amount of parking; b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; d. The change commits land to development which is environmentally sensitive or subject to a potential hazard;and e. The change involves a major shift in the location of buildings, proposed streets, parking lot configuration,utility easements,landscaping or other site improvements. 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 Subsection 1 of this section. This appeal shall be governed by provisions of Section 18.390.040G. Planned Developments 18.350-2 Code Update: 06/02 • C. Extension. The Director shall,upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 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 one year extension period;and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. D. Phased development. 1. The Commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for conceptual development plan review. 2. The criteria for approving a phased detail development plan proposal are that: a. The public facilities shall be constructed in conjunction with or prior to each phase;and b. 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. E. Substantial modifications to conceptual plan. Substantial modifications made to the approved conceptual development plan shall require a new application. 18.350.040 Noncompliance: Bond A. Noncompliance.Noncompliance with an approved detailed development plan shall be a violation of this chapter. B. Issuance of occupancy permits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued. However,when the Director determines that immediate execution of any feature of an approved detailed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary 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 year. 18.350.050 Applicability in Commercial and Industrial Zones A. By election. An applicant for a commercial or industrial project may elect to develop the project as a planned development,in compliance with the requirements of this chapter. B. As condition of approval in commercial and industrial developments. An approval authority may apply the provisions of this chapter as a condition of approving any application for a commercial or industrial development. Planned Developments 18.350-3 Code Update: 06/02 S 18.350.060 Allowed Uses A. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of 18.350.100 B2. The following uses are allowed with planned development approval: 1. All uses allowed outright in the underlying zoning district; 2. Single-family detached and attached residential units; 3. Duplex residential units; 4. Multi-family residential units; 5. Manufactured homes; 6. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with,but clearly incidental to,the residential uses permitted in the zone; 7. Community building; 8. Indoor recreation facility; athletic club, fitness center, racquetball court, swimming pool, tennis court or similar use; 9. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use;and 10. Recreational vehicle storage area. B. In commercial zones. In all commercial zones, an applicant with a planned development approval may develop the site to contain all of the uses permitted outright in the underlying zone and, in addition, a maximum of 25%of the total gross floor area may be used for multi-family dwellings in those commercial zones that do not list multi-family dwellings as an outright use. C. In industrial zones. In all industrial zones, a planned development shall contain only those uses allowed outright in the underlying zoning district. 18.350.070 Applicability of the Base Zone Development Standards A. Compliance to specific development standards. The provisions of the base zone are applicable as follows: 1. Lot dimensional standards: The minimum lot size, lot depth and lot width standards shall not apply except as related to the density computation under Chapter 18.715; 2. Site coverage: The site coverage provisions of the base zone shall apply; 3. Building height: The building height provisions shall not apply;and Planned Developments 18.350-4 Code Update: 06/02 • • 4. Structure setback provisions: a. Front yard and rear yard setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b. The side yard setback provisions shall not apply except that all detached structures shall meet the Uniform Building Code requirements for fire walls;and c. Front yard and rear yard setback requirements in the base zone setback shall not apply to structures on the interior of the project except that: (1) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. (2) A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided. B. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter. 18.350.080 Exceptions to Underlying Development Standards A. Exceptions to parking requirements. 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: 1. The minor exception is not greater than 10 percent of the required parking;and 2. The application is for a use designed for a specific purpose which is intended to be permanent in nature,e.g.,a nursing home,and which has a low demand for off-street parking;or 3. 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 4. Public transportation is available to the site, reducing the standards and will not adversely affect adjoining uses;or 5. 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. B. Exceptions to sign requirements.. The Commission may grant an exception to the sign dimensional requirements in the applicable zone based on findings that: 1. The minor exception is not greater than 10 percent of the required applicable dimensional standard for signs; 2. The exception is necessary for adequate identification of the use on the property;and 3. The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties. Planned Developments 18.350-5 Code Update: 06/02 C. Exceptions to landscaping requirements. The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan provides for 20%of the gross site area to be landscaped. 18.350.090 Conceptual Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type IIIB procedure, as governed by Section 18.390.050. In addition,the applicant shall submit the following: 1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. 2. A development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development. 4. A narrative statement presenting information,a detailed description of which is available from the Director. B. Additional information. In addition to the general information described in Subsection A above, the conceptual development plan,data,and narrative shall include the following information,the detailed content of which can be obtained from the Director: 1. Existing site conditions; 2. A site concept; 3. A grading concept; 4. A landscape concept; 5. A sign concept;and 6. A copy of all existing or proposed restrictions or covenants. 18.350.100 Approval Criteria A. Relationship to site development review. The provisions of Chapter 18.360, Site Development Review,are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same type of issues as the Site Development Review. B. Specific planned development approval criteria. The Commission shall make findings that the following criteria are satisfied when approving or approving with conditions, the concept plan. The Commission shall make findings that the criteria are not satisfied when denying an application. Planned Developments 18.350-6 Code Update: 06/02 , 1. All the provisions of the land division provisions, Chapters 18.410, 18.420 and 18.430, shall be met; 2. Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this section. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed in Subsection 3 below. The developer may choose to provide or the commission may require additional open space dedication and/or provision of additional amenities,landscaping or tree planting. a. Chapter 18.715,Density Computation and Limitations. Unless authorized below,density shall be governed by the density established in the underlying zoning district. The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1) A maximum of 3%is allowed for the provision of undeveloped common space,exclusive of areas contained in floodplain,slopes greater than 25%,drainageways,or wetlands that would otherwise be precluded from development; (2) A maximum of 3%is allowed for landscaping; streetscape development; developed open spaces, plazas and pedestrian pathways and related amenities; recreation area development;and/or retention of existing vegetation; (3) A maximum of 3%is allowed for creation of visual focal points; use of existing physical amenities such as topography,view,and sun/wind orientation; (4) A maximum of 3% quality of architectural quality and style; harmonious use of materials; innovative building orientation or building grouping; and/or varied use of housing types. b. Chapter 18.730,Exceptions to Development Standards; c. Chapter 18.795,Visual Clearance Areas; d. Chapter 18.745,Landscaping and Screening; e. Chapter 18.765,Off-street Parking and Loading Requirements; f. Chapter 18.705,Access,Egress and Circulation;and g. Chapter 18.780,Signs. 3. In addition,the following criteria shall be met: a. Relationship to the natural and physical environment: Planned Developments 18.350-7 Code Update: 06/02 • • (1) The streets, buildings and other site elements shall be designed and located to preserve the existing trees,topography and natural drainage to the greatest degree possible; (2) Structures located on the site shall not be in areas subject to ground slumping and sliding; (3) 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; (4) The structures shall be oriented with consideration for the sun and wind directions,where possible;and (5) Trees preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790,Tree Removal. b. Buffering,screening and compatibility between adjoining uses: (1) Buffering shall be provided between different types of land uses, e.g., between single- family and multi-family residential,and residential and commercial uses; (2) In addition to the requirements of the buffer matrix (Table 18.745.1), the following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: (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 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. (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas,parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in 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-round. c. Privacy and noise: 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, to protect the private areas on the adjoining properties from view and noise; d. Private outdoor area--multi-family use: PIw ned Developments 18.350-8 Code Update: 06/02 • • (1) In addition to the requirements of subparagraph (3), each ground-level residential dwelling unit shall have an outdoor private area(patio,terrace,porch)of not less than 48 square feet; (2) Wherever possible,private outdoor open spaces should be oriented toward the sun;and (3) Private outdoor spaces shall be screened or designed to provide privacy for the use of the space. e. Shared outdoor recreation areas--multi-family use: (1) In addition to subparagraphs (2) and (3) of this section 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;and (b) Three or more bedroom units,300 square feet per unit. (2) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (3) The required recreation space may be provided as follows: (a) It may be all outdoor space;or (b) It may be part outdoor space and part indoor space; for example, an outdoor tennis court and indoor recreation room; or (c) It may be all public or common space;or (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;or (e) Where balconies are added to units, the balconies shall not be less than 48 square feet. f. Access and circulation: (1) The number of allowed access points for a development shall be provided in Chapter 18.705; (2) All circulation patterns within a development must be designed to accommodate emergency vehicles;and (3) Provisions shall be made for pedestrian and bicycle ways if such facilities are shown on an adopted plan. g. Landscaping and open space: Planned Developments 18.350-9 Code Update: 06/02 410 • (1) Residential Development:In addition to the requirements of subparagraphs(4)and(5)of section a of this subsection,a minimum of 20 percent of the site shall be landscaped; (2) Commercial Development: A minimum of 15 percent of the site shall be landscaped;and (3) Industrial Development: A minimum of 15 percent of the site shall be landscaped; h. Public transit: (1) Provisions for public transit may be required where the site abuts a public transit route. The required facilities shall be based on: (a) The location of other transit facilities in the area;and (b) The size and type of the proposed development. (2) 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: (1) In addition to the provisions of Chapter 18.780,Signs: (a) Location of all signs proposed for the development site;and (b) The signs shall not obscure vehicle driver's sight distance; j. Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter Chapter 18.765; (2) Up to 50%of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. k. Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.775,and the criteria in the adopted 1981 master drainage plan; 1. Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. Planned Developments 18.350-10 Code Update: 06/02 • 18.350.110 Shared Open Space A. Requirements for shared open space. Where the open space is designated on the plan as common open space the following applies: 1. The open space area shall be shown on the final plan and recorded with the Director;and 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: (1) The continued use of such land for the intended purposes; (2) Continuity of property maintenance; (3) When appropriate,the availability of funds required for such maintenance; (4) Adequate insurance protection;and (5) Recovery for loss sustained by casualty and condemnation or otherwise. c. By any method which achieves the objectives set forth in Subsection 2 above of this section.■ r Planned Developments 18.350-11 Code Update: 06/02