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06/19/2006 - Packet • . AGENDA ll TIGARD PLANNING COMMISSION i • • Tigard Planning Commission - Roll Call Hearing Date: -1/-o6 Starting Time: 7 COMMISSIONERS: ✓ Jodie Inman (President) ✓ Mitchell Brown ✓ Gretchen Buehner ✓ Rex Caffall / Teddi Duling / Patrick Harbison Kathy Meads Jud (Vice-President) y Munro ( ) V David Walsh Jeremy Vermilyea (alternate) STAFF PRESENT: ✓Dick Bewersdorff Tom Coffee Gary Pagenstecher Barbara Shields Cheryl Gaines Denver Igarta Emily Eng Duane Roberts Kim McMillan ✓ Beth St. Amand Gus Duenas Phil Nachbar ✓ Sean Farrelly ✓ ! may -/zt (A45 • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes June 19,2006 1. CALL TO ORDER President Inman called the meeting to order at 7:02 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 Inman; Commissioners Brown,Buehner, Caffall,Duling, Harbison,Meads,Munro,and Walsh. Also present was Jeremy Vermilyea, Commission alternate. Commissioners Absent: Staff Present: Dick Bewersdorff,Planning Manager;Beth St.Amand, Senior Planner,Darren Wyss,Associate Planner;Sean Family,Associate Planner,Jerree Lewis,Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS Commissioner Buehner reported on the City Center Advisory Commission. They are working on the strategy for the short term planning for the Downtown plan. They will make a presentation to Council tomorrow night and hear their fate shortly. There has been no meeting of the Transportation Financial Strategies Task Force since the last Planning Commission meeting. Commissioner Meads reported that the Park and Recreation Advisory Board have been discussing land acquisition- things are proceeding. The consultant hired to help gather information on a recreation program finished her presentation. The Board is going take suggestions on how to proceed to Council. The Board is also working on their mission statement. They are trying to work out how they can be both an advisory and an advocate board. Commissioner Duling advised that the Committee for Citizen Involvement received an update from Liz Newton on the Neighborhood Program. Newton received comments from areas 4 and 8 (the Metzger and Tigard High School areas). She is working on the National PLANNING COMMISSION MEETING MINUTES—June 19,2006—Page 1 • • Neighborhood Day,Sunday,September 7th. The CO also were updated on the public involvement program for the Hwy.99W improvement plan. ODOT is providing the bulk of the funding for the study. OTAK and DKS have been hired as consultant teams. July is the tentative start date for the study,which should take approximately 3 months. There will be 5 citizen involvement meetings and 3 open houses. 4. APPROVE MEETING MINUTES It was moved and seconded to approve the June 5,2006 meeting minutes as submitted. The motion passed by a vote of 7-0. Commissioners Harbison and Walsh abstained. 5. COMPREHENSIVE PLAN UPDATE: Senior Planner Beth St. Amand advised that the Community Attitude Survey has served a dual purpose - to get a report card on City services and to address the Comprehensive Plan update and look at community attitudes toward planning and livability issues. The report will be issued tomorrow night at the Council worksession. The Planning Commission will discuss it next month. St. Amand and Associate Planner Darren Wyss provided additional information to the Commission on buildable lands, capacity, and residential density(Exhibit A). The memo details how Wyss calculated the overall residential density of the City. Currently,the City has approximately 6 dwelling units per acre. Over the last few years,the City has maintained approximately 6.8 units per acre. Regarding Metro's Functional Plan requirement of 6308 additional dwelling units for Tigard, the Planning Commission had asked that if the 2005 buildable lands were fully developed, would we meet that requirement. Wyss estimates that, by the end of 2005, Tigard had added 3281 dwelling units - approximately 52% of the goal. Based on projections from Long Range Planning, the City will be very close or may even exceed the Metro Functional Plan requirement. St. Amand advised that the original planning era was to the year 2017 in the Metro Functional Plan. The plan does not specify when we need to meet these numbers; however, it is assumed that it would be during this era. The numbers are based on the dwelling units inside the City limits beginning in 1996. Staff advised that a methodology has been developed to continue tracking buildable lands and development both on and outside of the buildable lands inventory. 1. Public Involvement Program/Update St. Amand reported that she came to the Commission in March with a general overview of the public involvement program for the Comprehensive Plan update. The Commission made comments which St. Amand has incorporated into the modified public involvement PLANNING COMMISSION MEETING MINUTES—June 19,2006—Page 2 • • program (included in the Commission's packet). She noted that the City received a citizen comment, also included in the packet. Commissioner Meads asked if the items noted in Mr. Frewing's e-mail would be resolved. St. Amand advised that the CET structure is not currently in existence, however,there are former CST members on the Committee for Citizen Involvement,which has been expanded to include additional board and committee members. The NPOs no longer exist; however, there is a Neighborhood Enhanced Program which will be in effect later this fall. Commissioner Meads asked if Council shouldn't formally appoint the Planning Commission as the steering committee for the Comprehensive Plan update. After some discussion,the Commission directed staff to draft a formal resolution for Council that would address the role of the Planning Commission in the Comprehensive Plan update. St. Amand advised that information collected during the update process would filter through the Planning Commission. This will occur primarily next year. At this point,we are setting the fact base - dealing with current conditions. Commissioner Buehner noted that in earlier discussions about the public involvement portion, the Planning Commission talked about the importance of holding stakeholder meetings with various industry and business groups. This would allow us an opportunity to get input and incorporate those ideas before the hearing stage. She would like to see this happen. St. Amand said that, right now, staff is putting together the factual base. We need to know what's going on right now or we will have a difficult time having discussions with people next year. St. Amand said the website would be a main venue for providing information to the public, but copies of the Planning Commission binder will be available at the Permit Center and the Library. Commissioner Buehner noted that 30% of the City's population is not computer literate. She does not believe the website is a viable resource for providing information and that a specific outreach with homeowner's associations needs to be done. St. Amand advised that the active outreach program will begin next year. This year is the inventory period. Staff will focus more on more individual topics next year,with open houses and interactive surveys. St. Amand noted that the Committee for Citizen Involvement recommended staff make sure the public feels they are part of process throughout and make it relevant to their lives. The CU is also talking about doing more outreach to minority groups. The City now has a voluntary Spanish translator. She also advised that staff may try to get the update into the school curriculum, or maybe work individually with a class, or have an essay contest. PLANNING COMMISSION MEETING MINUTES—June 19,2006—Page 3 • • St. Amand will send the revised document to the Commission in their next packet. The Commission asked if the changes could be identified some way other than by using "track changes". 2. Environmental Quality/Overview Associate Planner Darren Wyss gave a PowerPoint presentation on Environmental Quality (Exhibit B). He advised that the Environmental Quality report will cover 4 sections (land, air, water, and energy). He will be discussing the land quality section tonight. Commissioner Walsh noted that human impact could be both negative and positive. It implies negative, but there is a huge part of industry that supports benefiting resources to improve it. Commissioner Munro suggested that conservation should include natural resources, not just energy. Wyss advised that land resources quality would be focusing on collection and disposal of development-related (e.g.,population,commercial,industrial) waste that impacts the health and welfare of the community. The City is part of the Metro Regional Solid Waste Management Plan (RSWMP). We're also part of the Washington County Cooperative. Land resource quality has been divided into 4 topics: solid waste, recycling, hazardous waste, and wastewater sludge. Wyss noted that for solid waste, recycling, and hazardous waste,there are no storage or permanent collection facilities in Tigard. For recycling,the RSWIVIP has set a 64% target rate for waste reduction for 2009. At this point in time,they have been meeting their waste reduction rate. Education is a key component to get people to recycle more. Commissioner Munro asked if construction debris can be tracked. Construction recycling is one of the big programs that Metro offers. Commissioner Munro believes this may be something the City might want to look at. Jeremy Vermilyea said the City could also require recycling in their contracts for City projects. Commissioner Walsh noted that there is a market for this very valuable material. Wyss advised that staff is setting the base now for how things are currently managed. Policies will be discussed later. St. Amand said that people should be thinking about where they want to go with this — in some of our values and issues surveys,we've heard about natural resource protection, but we haven't discussed sustainability. What kind of data do we need now to help us make choices later. Commissioner Walsh noted that education only works to a certain extent. We need a structure with policies that really push recycling (e.g.,incentives, both positive and negative). PLANNING COMMISSION MEETING MINUTES—June 19,2006—Page 4 • • Wyss reported that hazardous waste is regulated by DEQ. The biggest problem is household hazardous waste because it's not easily regulated. Commissioner Buehner believes there is a real problem in the community because there is no effective, efficient way to handle hazardous waste. Because recycling programs are in such disarray,we're losing a lot of people who might otherwise want to recycle. Commissioner Walsh said that education is a big help with regard to hazardous waste. Metro will take it, but it's difficult. Tigard has not done anything locally to address this;we've allowed the regional level to handle this, but they're not doing good job. Wyss advised that both Metro and DEQ have programs to help try to reduce hazardous waste and they both have collection events. Commissioner Walsh noted that this is an opportunity to partner with businesses, especially larger businesses that create hazardous waste. For wastewater sludge,Wyss reported that Clean Water Services (CWS) recycles the sludge from their facility and then transports it outside of the City. The methane gas is burned. Commissioner Buehner noted that the County has been coordinating efforts for waste management. She believes the population of the County has gotten too big for them to be able to handle it effectively. Perhaps we should explore the possibility of Tigard and Beaverton working together. President Inman said that a future consideration could be adding incentive programs. Commissioner Walsh suggested partnering with the County or Metro. St. Amand noted that there is a carrying capacity to each of the systems. We will be looking at how we're going to grow and develop. We'll have to consider how these systems can support the people. Since contracts with the garbage haulers are negotiated, Commissioner Walsh suggested that the City can affect policy through those contracts by making different demands. Buehner believes that Metro's presentations on their programs are too long and involved. Maybe the City can help them to condense things and pick priorities. Commissioner Harbison asked if it's possible to move an item to different section in the Comp Plan if we think it would fit better elsewhere. St. Amand answered that the Comp Plan can be modified. We need to make the Plan useable for everyone. Commissioner Meads asked if it's possible to change the Municipal Code to address how long garbage cans and recycling bins can be left out on the street. Discussion moved on to the fact that the code addresses hours for construction noise, but garbage trucks don't have to follow the same rules. PLANNING COMMISSION MEETING MINUTES—June 19,2006—Page 5 • • 6. WORKSESSION WITH PLANNED DEVELOPMENT REVIEW COMMITTEE John Frewing from the Planned Development Review Committee joined the Planning Commission in this discussion. Commissioner Buehner noted that the Planned Development Review Committee met last week and only made minor changes to the proposed code revisions. Commissioner Walsh advised that issues from the last Planning Commission workshop have been discussed and addressed, as well as questions and issues from outside the group and from the attorney. President Inman noticed that the concept plan and the detail plan are still separate. John Frewing advised that they can be submitted at same time but they are two different items. Dick Bewersdorff noted that if both plans are done all at once,there will only be 1 staff report. It will take longer and the fees may be higher. Commissioner Walsh said that the heart of the matter is to keep the plan from changing too much from what goes to the neighborhood meeting and what is eventually submitted to the City. This process would provide more control and would allow the Planning Commission an opportunity to suggest changes. Commissioner Meads asked how detailed the concept plan has to be - do the homes have to be shown on the lots. The Commissioners advised that development means the putting in the roads and utilities, and creating the lots. There is no time limit for building the homes. With regard to the detailed development plan approval criteria, Commissioner Munro said the whole idea of a PD is to allow more creativity from developers. She is concerned that,if the Commission wants a developer to be more creative,would this require them to go back and do a whole new concept plan? Dick Bewersdorff answered that some things are flexible in the PD process and there are things that limit, such as street standards. He doesn't think that this has changed much. President Inman asked if the detailed development plan would require its own neighborhood meeting. If it's done separately,yes. If done concurrently,no. Commissioner Buehner believes that most of the time,the concept plan should come at the pre-app meeting. She is worried about the 120 day rule - could we be opening ourselves up for issues? Bewersdorff noted that the City can ask for an extension, or the Commission can deny an application if they have findings. President Inman thinks the language for a concept plan is very vague. Are we going to have a public hearing overa hand-drawn sketch, or are they going to be detailed plans and we've just added another step. John Frewing said it's up to the Planning Commission to ask for more details. President Inman noted that the Planning Commission already has and has exercised PLANNING COMMISSION MEETING MINUTES—June 19,2006—Page 6 • • this ability to hold developers accountable, and it doesn't require separating the process. Just because a developer may have spent a lot of money on a concept plan,doesn't mean the Planning Commission has to like it. They can send it back. Bewersdorff advised that the staff review which goes to the Planning Commission is an analysis of whether the application meets the code provisions or not. President Inman asked about the sign concept. Bewersdorff said it relates to number of signs and where they'll be placed (e.g.,monument signs). If the Commission doesn't like it,they can have the developer change it. Commissioner Munro asked about the public transit improvement fund. The idea is that when developments don't have public transit facilities on site,the developer can contribute to a fund for public transit improvements elsewhere. The money would be used for CIP transit projects inside the City. President Inman asked about requiring the applicant to state his intentions with regard to building the homes or selling the lots to other builders. John Frewing said it is just their intent. They can change their mind the next day. Staff advised that the next step for the proposed code revisions would be to go through the Planning Commission public hearing process,then to the City Council. It was noted that the tool box won't be in the code officially. 7. OTHER BUSINESS President Inman reminded the Commissioners about the attendance policy. Commissioners can miss 3 meetings in a row or 6 in year. Good attendance is important- we have a lot of things coming up and we don't want to spend time re-educating Commissioners. If something does come up that would require absences in excess of the limit, she asked that people notify the Commission. The Planning Commission can decide as a group whether or not the absences would be acceptable. President Inman said she hopes to only miss 2 or 3 meetings when her baby is born. Commissioner C,affall advised he will be gone from July 17th to September 1st. The secretary reviewed the calendar with the Commissioners and handed out application binders for their next meeting on July 17th. 8. ADJOURNMENT The meeting adjourned at 8:50 p.m. PLANNING COMMISSION MEETING MINUTES—June 19,2006—Page 7 • • Jerre- I:wis,Planning • • sion Secretary ■ 'l'1'EST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—June 19,2006—Page 8 • • -� tar MEMORANDUM TIGARD TO: Planning Commission FROM: Darren Wyss, Associate Planner RE: Capacity Numbers DATE: June 19, 2006 At a May 2006 Planning Commission meeting, a few follow-up questions were asked in regard to buildable lands, capacity and residential density. 1. What is the overall residential density of the city? There is not a 100% accurate way to calculate the overall density of the city from existing data. We can calculate the density of new development since 1989 because of the permit database,but the information is not available before that time. However, several methods may be used to get a good "guesstimate". Using estimated dwelling units (2000 Census housing units plus dwelling units built since April 1, 2000) divided by estimated residential acres (derived from Metro GIS taxlot file), the estimated overall residential density is approximately 6 units per acre. This includes existing single family and multi-family housing units. 18,872 (estimated du)/ 3,031 (estimated residential acres) = approximately 6 dwelling units/acre 2. If the 2005 buildable lands were fully developed,would we meet the Metro Functional Plan number of 6308 additional dwelling units? At the end of 2005,Tigard had added 3281 dwelling units towards the goal of 6308 (52%). Using a methodology created by the Long Range Planning Division, the potential residential dwelling unit capacity for the 2005 Buildable Lands Inventory is 2858 to 3310. This range includes all residential and mixed-use zoning districts. The low end is based on the 80% minimum density requirements in the CDC and the high end is based on the density of new construction in each zoning district that has occurred over the past five years. 3281 + 2858 = 6139 (97%) 3281 + 3310 = 6591 (104%) 3. Can we continue tracking buildable lands and development occurring on and outside of the buildable lands inventory? Yes, a methodology has been developed. Each will be tracked and included in the yearly Buildable Lands Inventory Report. 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Public Involvement Program Update, and 2. Environmental Quality Topic Overview. I will also provide a brief process update. 1. Public Involvement Program Update The Commission reviewed the draft program at its March 20, 2006, meeting and agreed that the general structure of the proposed public involvement program fits with the Comprehensive Plan (Planning Commission Meeting Minutes, 3/20/06). Attached to this memo is a citizen comment regarding that meeting and the program. Following the March meeting, minor modifications were made to incorporate the Planning Commission's comments. The Public Involvement Program is included as Attachment B. Planning Commission Action Required:At the June meeting, I will provide a brief update on the Public Involvement Program progress and any comments received from the Committee for Citizen Involvement meeting on June 15. No action is required. 2. Environmental Quality Topic Overview Associate Planner Darren Wyss will introduce our first topic, Environmental Quality. During the current phase, Phase II (Inventory Current Conditions), the Commission will have two sessions on each topic. The first session will define the topic (What is Environmental Quality?) and review the inventories and data available, and provide a preliminary analysis of the current conditions. The purpose of the session is to introduce the Commission to the topic and ask for your comments: Are there additional items we need to address? What questions do you have on this topic?We will return in two months with the draft report for the Commission's consideration. Planning Commission Action Required:Provide comments to staff to aid in preparation of the report (August meeting). I:\LRPI.N\Planning Commission\6 9 06 memo for Comp Plan.doc • • Page 1 of 2 Attachment A Beth St. Amand - Comp Plan Public Involvement Plan �., . .. ... , From: "John Frewing" <jfrewing @teleport.com> To: "Beth St. Amand" <BETH @ci.tigard.or.us> Date: 3/21/06 9:22:29 AM Subject: Comp Plan Public Involvement Plan Beth, March 21, 2006 It was interesting to hear your current plans for public involvement as presented to the planning commission last evening inasmuch as they are quite different than that proposed in discussion of comp plan revisions last year. I commend your intent to use the current comp plan policies to accomplish public involvement for development of a revised comp plan. However, I am concerned that you are not doing that. The consequence could range from being almost nothing to rejection of a revised comp plan by state authorities because you did not use the current comp plan policies to accomplish public involvement for development of a revised comp plan. First, I think you misrepresented at least one of the policies of the current comp plan in your presentation,your memo and your `Proposed Public Involvement Program'. You correctly cited policies 2.1.1, 2.1.2 and 2.1.3, but characterize policy 2.1.2 differently than it is stated in the present comp plan. If I may quote directly, in part, "a. The Citizen Involvement Teams shall be the primary means for carrying out the program, b. where appropriate, other involvement techniques will be used; and c. the Citizen Involvement Team facilitators shall serve as the committee for citizen involvement and shall be responsible for evaluating the citizen involvement program and for working with the Neighborhood Planning Organizations in recommending changes in the program." The problem is that Tigard's concept of public involvement in 1983 was one of CITs, which included staff members as facilitators as well as some citizens at large, however today's CCI is comprised simply of citizens at large and is not the primary means for carrying out the public involvement program. Also, the concept of Neighborhood Planning Organizations was key to the 1983 public involvement program and today there are no such things (even though CPOs might be thought of taking some of that responsibility and there is a nascent neighborhood organization effort now beginning). I think that to ensure that our revised comp plan is done according to the current comp plan words, a comp plan amendment is necessary now to update the concept of public involvement in Tigard to reflect today's practices, including assignment of the Planning Commission as the Comprehensive Plan Update Steering Committee. Second, I recall some briefing of the City Council in the past couple months on the concepts of public involvement for the comp plan update, but I don't recall the city council approving the establishment of the Planning Commission as the Comprehensive Plan Update Steering Committee (ie a motion and approval). Similarly, your memo of last evening indicated you sought `acceptance' by the Planning Commission of the `Proposed Public Involvement Program'. You got some comments on what was drafted as feedback, but I didn't hear any motion and approval to accept this particular plan. file://C:\Documents and Settings\beth\Local Settings\Temp\GW}00002.HTM 3/21/2006 • • Page 2 of 2 Third, while you indicate various efforts to communicate to the public, including the city council and boards and committees, you do not indicate any specific place for these boards and committees to formally provide input to the revised comp plan,particularly in areas where they have expertise. Finally, I don't recall any occasion when you have asked the public for input on this `Proposed Public Involvement Plan'. My own small suggestion is that you engage the schools (I think at maybe the 7th or - - 8th grade level)to playa simulation game called"Sim City", utilizing Tigard information, simulating- -- --- planning policies which the city might adopt and enabling these students to see the multi-year results of city planning decisions. For the above reasons, I think the `Proposed Public Involvement Plan' for the comp plan update should be revisited and revised to meet the requirements of a current comp plan and suggested changes stated. I would ask that you forward this note to the Planning Commission members and City Council for their consideration of your path of action. Sincerely, John Frewing, 7110 SW Lola Ln, Tigard 97223 jfrewing @teleport.com file://C:\Documents and Settings\beth\Local Settings\Temp\GW}00002.HTM 3/21/2006 • • Attachment B PROPOSED PUBLIC INVOLVEMENT PROGRAM ,, FOR THE CITY OF TIGARD COMPREHENSIVE PLAN UPDATE TIGARD MARCH 2006* Introduction In 1983,Tigard's Comprehensive Plan was created to plan for 1980-2000. It's now 2006, and Tigard is updating its Comprehensive Plan for the next 20 years. This effort involves the Planning Commission, City Council, and Committee for Citizen Involvement,as well as the citizenry at-large. The Planning Commission will act as the Steering Committee. What is the Comprehensive Plan? The Comprehensive Plan will guide Tigard's planning, actions, and investments over the next 20 years. State law requires that each jurisdiction complete and maintain a Comprehensive Plan. Through the Plan, the community balances its needs and values with its resources, determining how the city will look,grow and operate in the future. The Comprehensive Plan sets a policy direction for the City. It will reflect the community's values and guide City decisions on • land use, • provision of public facilities and services, • community livability. The Plan will be based on a fact base of current conditions, community values and goals (identified through Tigard Beyond Tomorrow, past and current surveys), and state and regional requirements. It will be built upon previous efforts,most notably Tigard Beyond Tomorrow. Through a citizen-driven process, the Plan will convert the community's vision for its future into an action plan for City staff and elected officials. Other major initiatives— including the Capital Improvement Program, the City budget, functional/facility plans, City policies and the Development Code—build upon the Comprehensive Plan. The Plan is grouped into six major topics: Natural Resources;Environmental Quality; Community (Housing and Employment);Public Facilities and Services;Transportation; Future Growth and Development. Comprehensive Plan Schedule The proposed work program includes six phases and the following dates: March 2006: Phase 1 Early 2007: State of the City, 2006: Current conditions report Dec. 2007: Estimated completion date. *Version 2. (Revisions June 2006) • • Comprehensive Plan Policies Timeline Tigard's Comprehensive Plan policies (2.1.1, 2.1.2, 2.1.3) currently state that the City shall maintain an Phase 1: ongoing_citizen involvement program and provide the- following: 1) citizen involvement opportunities for all Phase 2: phases of planning process (Involvement); 2) Phase 3: opportunities that are appropriate to the scale of the Phase 4: planning effort and involve a broad cross-section of Phase 5 and 6: l the community (Outreach); and 3) information on land use planning issues is available in an understandable form for all interested citizens (Information). To achieve the above Plan objectives, the Comprehensive Plan Public Participation Program groups outreach tools by Information, Outreach, and Involvement. The Comprehensive Plan will create a specific list of tools for each phase and incorporate them into the schedule and work program. Review of this Document The Committee for Citizen Involvement's role is determined by state law. State Planning Goal 1 assigns the CCI responsibility for assisting in the development,implementation and evaluation of a jurisdiction's public involvement program. The City of Tigard's CCI reviewed the draft Public Participation Program at its 2/16/06 meeting and was supportive of the program's approach. The CCI provided comments for refinements which were noted and have either been included where appropriate or will be addressed as individual elements are developed and put into action. In addition, the Planning Commission reviewed the program at its 3/20/06 meeting and provided suggestions that were noted and have either been included where appropriate or will be addressed as individual elements are developed and put into action. At this meeting, the Planning Commission also agreed that the general structure of the proposed public involvement program fits with the Comprehensive Plan (Planning Commission Meeting Minutes, 3/20/06). i • Plan Components CHAPTER 2: CITIZEN INVOLVEMENT, SUMMARY OF GUIDING POLICIES: The City shall maintain an ongoing citizen involvement program and provide the following: 1) Citizen involvement opportunities for all phases of planning process (Involvement); 2) Opportunities that are appropriate to the scale of the planning effort and involve a broad cross-section of the community (Outreach); and 3) Information on land use planning issues in an understandable form for all interested citizens. (Information). -Tigard Comprehensive Plan I. Information The Information component makes basic facts available to the public:who,where, and what. Citizens will be able to utilize existing communication channels (Tigard Times meeting calendar, City of Tigard website and events calendar) to locate basic information at their leisure. The City will provide facts, contact information, and key points of the project's progress through to the primary communication channels. Materials will be written clearly and be available prior to meetings, as well as after. Tasks 1.1 Get the Word Out: Initial effort to provide citizens Information: Overview with basic foundation to understand Comprehensive ➢ Participation Level: Basic Planning and a historical context for changes from 1983- ➢ Duration:Throughout process 2006. Use Cityscape and Press Releases to local papers. ➢ Implementor: City with CCI input Continue publicity with "Did You Know...?" facts ➢ CCI Role:Provide feedback throughout process. (Phases I and II) suggestions for additional news outlets. 1.2 Set up and maintain News Network. Use the ➢ Staff resources: Utilises existing communication channels.R following venues for press release distribution and meeting city staff time to prep are information on notices: Tigard Times and Oregonian,Regal Courier, materials. Cost for printing and website, Community Connectors, Cityscape, the Chamber distributing materials. newsletter, CPO Newsletters, the City's enhanced neighborhood program,Washington County Update newsletter,local organization newsletters (American Legion, etc.),and TVTV Tigard Reader Board. The City will use this distribution list for press release distribution and meeting notices throughout the process. (All Phases) 1.3 Make Materials and Process Accessible. A. Produce materials that are clearly written and clearly explain land use planning. Use language to engage citizens and explain how the planning process impacts them. B. Have draft documents available at the Library Reference desk and Permit Center. Have overview materials available to facilitate citizens' entry into the planning process throughout the schedule. C. Also have documents,meeting schedule, and updated timeline available on the City's website, arranged by topic so that citizens can easily find their areas of interest. D. Hold meetings and events at accessible times, such as evenings or weekends. E. Utilize the City of Tigard's volunteer translator to help reach non-English speaking groups. (All Phases) 1.4 Produce Citywide Updates. A. Phase 2: State of the City (Current Conditions, Issues and Values Report). Distribute executive summary citywide through water bills or other vehicle. (Phase 2) B. Publish tabloid document for all households that summarizes the draft Comprehensive Plan. (Phase 4-5). 1.5. Maintain Interested Parties list and distribute electronic NewsList newsletter. Send notices of events, project updates, and Planning Commission meetings. Collect names through initial effort, CCI efforts,use Tigard Beyond Tomorrow members. Primarily electronic mail, but paper available. (All Phases) II. Outreach Outreach is a concerted effort to bring more detailed information to the public and get citizens excited about the project. Strategies include having informational meetings with City boards and committees and specifically targeting and delivering information to specialized groups or areas. Outreach will be conducted at the beginning of the process and at key decision points (alternatives, etc.) to update citizens and explain the process. 2.1 Provide City Board and Committee updates. Match boards and committees with the most relevant topics and target their involvement and Outreach: Overview comments. In addition,provide regular updates, ➢ Participation Level: Intermediate including at end of each phase, to explain findings ➢ Duration:At key points and the process, and promote the next phase. D. Implementor: City CCI input ➢ CCI Role: Provide feedback suggestions for additional groups and 2.2 Provide Neighborhood program updates. identify underrepresented groups to Will occur at end of each phase to update them on target. the findings and the process, and promote the next ➢ Staff resources: Staff time to visit phase. Also explore connections with schools meetings. through the neighborhood program. 2.3 Target additional outreach as needed. This outreach falls into three categories: A. Groups that may be underrepresented in the process. One example suggested by the CCI is to seek out minority groups and/or send meeting notices to newspapers serving specific populations. B. Specific stakeholders or groups on a per-topic basis. For example, natural resources groups on Natural Resource issues. C. Local civic organizations to promote the general process. III. Involvement Involvement is the highest level of participation. Citizens express their opinions,use their knowledge of the Plan and City to evaluate choices and help shape decisions, and share their experiences through the following: 1) Provide written or verbal comments. 2) Attend periodic workshops/open houses to supply their observations and to evaluate how their personal patterns will be affected by the proposals. 3) Attend the Planning Commission monthly meetings and offer public comments. In addition, the City has already done a great deal of work soliciting citizen opinion, and this project builds upon those results. 3.1 Use Citizen Surveys. Base Comprehensive Plan on Tigard Beyond Tomorrow, all citizen survey results, and new Community Attitude survey results. The new survey will have specific questions on issues and values relating to the Comprehensive Plan. 3.2 Meet with Tigard Beyond Tomorrow for a focus group session. Discuss results of State of the City and possible alternatives. (late 2006) Involvement: Overview ➢ Participation Level: High 3.3 Conduct Open Houses at Town Hall or Library. ➢ Duration:Throughout process Have citizens "walk" through each topic. Use ➢ Implementor: City,Planning photos/discussion to determine people's preferences to Commission, and CCI help develop alternatives in small focus groups. ➢ CCI Role: Help with event implementation, provide feedback. ➢ Staff Resources: Includes staff time to 3.4. Incorporate youth and schools. Conduct sessions set up meetings,prepare materials. with children on specific topics to get their ideas. Explore Costs will be incurred for materials. tie-ins with computer work (i.e., SimCity), specific classwork, or essay and drawing contests. 3.5. Planning Commission Work Sessions. The Planning Commission acts as the Plan Steering Committee. The Commission holds public meetings that are open to all citizens. The Comprehensive Plan will be reviewed monthly. In addition, the Commission may invite the citizenry at-large to have a joint session or Open House. 3.6. City Council Updates with Planning Commission. Use regularly scheduled joint meetings to provide Plan process updates. 3.7. Hold Public Hearings. These will take place at Planning Commission and City Council for adoption purposes. 3.8 Hold CCI meetings throughout the Plan Process. These meetings provide the CCI with the opportunity to evaluate the current Public Involvement Program and provide additional suggestions during implementation. w Summary These three components are all interrelated. Each plays a key role in building community support for the plan by offering citizens different levels of participation,based upon their interest and their time commitments. By incorporating broad-based public participation early and throughout the planning process, the Public Participation Program creates_ _ opportunities to increase the public's knowledge, understanding,and involvement in the plan. Public Participation Program* Phase 2 begins (Phase 4 begins [phase 1 1 begins, Phase 3 begins l [Phase April May June July Aug Sep Oct. Nov. Dec Jan Feb March April May June July Aug Sepllec 1.Information 1.1 Get the Word Out • • 1.2.Set up News Network • • Issue Press Releases • • • • • • • • • • • • • • • • • • 1.3 Make Materials Accessible All Phases 1.4 Produce Citywide updates I • • • 1.5 Maintain interested parties list All Phases 2.Outreach 2.1 Board/Committee updates • • • • 2.2.Neighborhood updates • • • • 2.3 Additional outreach As needed 3.Involvement 3.1 Use Citizen Surveys • 3.2.Tigard Beyond'Tomorrow • • 3.3 Conduct Open I louse/'fours • • 3.4.Youth and Schools To be determined. 3.5. PC Work Sessions I I • • • • • • • • • 3.6 Council Updates To be determined. _ • • • 11 • MEMORANDUM T I GARD TO: Planning Commission FROM: Darren Wyss,Associate Planner RE: Comp Plan Update - Environmental Quality Topic Report DATE: June 16,2006 At the June 19, 2006 meeting, the Planning Commission will be given a presentation on the Environmental Quality (EQ) topic report that is part of the Comprehensive Plan update. The presentation will focus on two things. First,we will discuss what the overall topic report includes, its definition,its connection to land-use planning,and how it relates to the next phases in the update process. Secondly, the first draft of the Land Resources portion of the report has been completed and will be discussed. It is include with this memo for your review. • • 1 . Land Resources Quality O V E R V I E W Development activity inevitably leads to the production of waste. From the construction process through occupancy,by-products of human activity must be collected and properly disposed of to protect the health and welfare of the community and its resources.To accomplish this,the State has created rules and statutes that provide direction for the reduction and efficient removal of waste. The Department of Environmental Quality (DEQ) has been charged with ensuring compliance with the rules and statutes,as well as preparing and adopting a state solid waste management plan.A significant outcome of the plan was the creation of wastesheds (an area of the state that shares a common solid waste disposal system) and the requirement that local plans be developed for the wasteshed. The City is a member of the Metro wasteshed and the local plan is the Regional Solid Waste Management Plan (RSWMP).The RSWMP is developed and administered by Metro and is currently in the process of being updated to address issues until 2015. The updated RSWMP will provide a framework for coordinating solid waste programs within the region, establishes direction for the system (reduction and recovery), identifies roles and responsibilities,and fulfills the state requirement that the Metro wasteshed has a waste reduction plan.The plan also addresses the impacts of future population growth on solid waste management and strives to minimize these impacts on land resources quality.The city participates in the process and implements the plan through the Washington County Cooperative,which includes a number of cities in the county.This regional collaboration is important to reducing the amount of waste generated and entering landfills. At the local level, the City is responsible for regulating and managing solid waste and recycling collection services within the city limits, and reviewing collection rates and service standards. Garbage and recycling collection services are provided by private haulers who operate within established franchise boundaries. The City enters into franchise agreements with the private haulers for the removal of solid waste generated from residential,commercial,and industrial customers. Currently,Pride Disposal Company and Waste Management have franchise boundaries that overlap Tigard and they have agreements for service with the City(see attached map). Additionally,Clean Water Services (CWS) operates the Durham Wastewater Treatment Facility within the city limits. CWS is responsible for'the collection and disposal of waste that results from the treatment process. Comprehensive Plan Page # 12/06 • • 1 . Land I" esources Quality I N V E N T O R Y SOLID WASTE The applicable rules, statutes and plans that impact solid waste collection within the City include: 1. Metro Regional Solid Waste Management Plan (RSWMP) 2. Oregon Revised Statute 459: Solid Waste Management 3. Oregon Revised Statute 459a: Reuse and Recycling 4. Oregon Administrative Rule 340-083 to 340-097 5. Tigard Municipal Code 11.04 The RSWMP meets the state requirements for local solid waste planning and gives the Portland metropolitan region direction for meeting solid waste needs into the future.This includes the collection, transfer,and disposal of solid wastes,as well as identifying needed facilities (local and regional transfer stations). The plan also establishes waste reduction goals and outlines educational programs to meet the goals. The City directly implements the plan through franchise agreements with private haulers (Pride Disposal Company and Waste Management). Garbage is collected on a weekly basis and transported outside of the city limits to transfer stations for processing and disposal. Schedules,rates, and container sizes are established in the franchise agreement. There are currently no collection or processing facilities inside the city limits. Pride Disposal Company operates a local transfer station just south of the city limits (13980 Sherwood-Tualatin Rd Sherwood, OR 503-625-6177) that is available for use by the general public. Data on solid waste collected within Tigard Table 3.1 Garbage Collected (tons) is tracked and reported by the private haulers.This data is used by Metro to track Pride Waste regional trends and to assess the regional Disposal Management Total progress to achieving goals set in the o March 177.9 177.9 RSWMP.The most recent data available for 8 167.7 167.7 the amount of solid waste collected in January 248.9 Waiting 248.9 Tigard and headed for a landfill can be seen December 195.2 195.2 in Table 3.1. November 234.3 234.3 October 184.9 184.9 September 193.2 For 193.2 August 244.6 244.6 July 197.9 197.9 tN June 191.5 191.5 May 235.3 Data 235.3 April 180.3 180.3 March 251.9 251.9 February 162.8 162.8 January 180.7 180.7 Sources:Waste Management 2006,Pride Dispoal Co.2006 Comprehensive Plan Page # 12/06 • 0 I . Land Resources Quality E� RECYCLING The applicable rules, statutes and plans that impact recycling services and goals within the City include: 1. Metro Regional Solid Waste Management Plan (RSWMP) 2. Oregon Revised Statute 459a: Reuse and Recycling 3. Oregon Revised Statute 459: Solid Waste Management 4. Oregon Administrative Rule 340-083 to 340-097 To encourage recycling in the Metro region, the wasteshed has set target goals for increasing the waste reduction rate. Waste reduction refers to prevention (reuse,backyard composting) and recovery (recycling, composting,and energy recovery). The region currently has a 59%waste reduction rate and has established a target of 64%by the end of 2009. The RSWMP has several targeted areas for increasing waste recycling in the region.They include programs for commercially generated organics, the building industry,hazardous waste,waste recovery, and collection services.All are vital to the regional effort,but the City is directly involved in only the collection services. Through the franchise agreements,recycling services are provided by private haulers (Pride Disposal Company and Waste Management) operating within the city limits. The services are available to commercial and residential customers. Materials that can be recycled curbside include: Newspaper Corrugated cardboard High-grade office paper Ferrous scrap metal Kraft paper Tin cans Non-ferrous scrap metal Aluminum Phone books Used motor oil Milk cartons Plastic bottles Magazines Empty aerosol cans Yard debris Mixed scrap paper Container glass Both private haulers offer 90-gallon Table 3.2 Recyclable Materials Collected (tons) co-mingle recycling containers that - are collected weekly,glass bins that Glass Yard Debris Co-Mingle Total are collected monthly,and yard March 19.7 167.3 172.7 359.6 debris collection every other week. o o February 21.3 113.5 158.7 293.5 The schedules and container types "I January 14.9 117.5 234.7 367.1 are outlined in the franchise December 18.2 130.0 137.5 285.6 agreements. All materials collected November 21.2 291.4 193.8 506.4 curbside for recycling are transported outside of the city limits October 18.2 176.0 149.6 343.8 for processing.There are no September 18.8 158.6 156.4 333.8 facilities for collection or processing August 22.9 183.2 172.9 378.9 O July 18.8 217.4 143.9 380.2 within Tigard. (NI June 18.4 292.9 156.2 467.4 Pride Disposal Company operates a May 22.7 431.5 191.6 645.9 local recycling transfer station just April 17.4 249.9 158.3 425.6 south of the city limits (13980 March 20.8 226.2 175.1 422.1 Shenvood-Tualatin Rd Sherwood, . February 16.3 114.0 137.3 267.6 OR 503-625-6177) and Grimm's January 19.3 91.1 160.6 271.0 Sources:Waste Management 2006.Pride Dispoal Co.2006 Comprehensive Plan Page # 12/06 • • 1 . Land Resources Quality Yard Debris Composting facility (18850 SW Chipole Rd Tualatin, OR 503-692-3756)is located south of the city limits on Highway 99W.Both are open to the general public. The most recent data on recycled materials collected within the city limits is shown in Table 3.2.This data is used by Metro to help determine the regional waste reduction rate. Co-Mingle data includes all materials other than glass or yard debris that can be collected curbside. Comparing the total weight of recycled materials to the solid waste hauled to a landfill,Tigard has achieved a solid waste recovery rate of XX% from January 2005 to March 2006 (see Table 3.3). Table 3.3 Solid Waste Recovery Rate Garbage Recycling Recovery Collected Collected Rate March °o February January December November October September August o July c°v June May April March February January • HAZARDOUS WASTE The applicable rules, statutes and plans that impact hazardous waste removal within the City include: 1. Metro Regional Solid Waste Management Plan (RSWMP) 2. Oregon Revised Statute 465&466: Hazardous Wastes and Hazardous Materials I&II 3. Oregon Revised Statute 459: Solid Waste Management 4. Oregon Administrative Rule 340-100 to 340-104 5. DEQ Household Hazardous Waste Plan Hazardous waste is defined in OAR 340-101-0033 and OAR 340-102-0011. Materials included in the definition range from household cleaning products to commercial pesticides to industrial wastes.The DEQ regulates hazardous waste in Oregon and they administer permitting,collection and disposal programs,as well as educational programs to reduce risks associated with hazardous wastes. Examples of these risks include fire,poisoning,environmental contamination,and injury to disposal system workers. It is the goal of DEQ to ensure the provision of services that address and reduce the highest risks first. Comprehensive Plan Page # 12/06 • • 1 . Land Resources Quality Proper planning for facilities and procedures to dispose of hazardous waste can only provide a certain level of protection against the risks.The other important component is education. Businesses that use or produce hazardous waste and the companies that collect, store,and dispose of the waste are regulated by law. This process is effective in minimizing the risks from this sector. However,household products are not as easily regulated and this is why education is important.The DEQ Household Hazardous Waste Management Plan and the Metro RSWMP both provide direction and programs for educational activities.They include information on alternative products,proper handling,and the locations of disposal sites,which helps reduce household risk. The DEQ Household Hazardous Waste Management Plan also provides funding for counties to administer collection events or develop permanent facilities. In the Metro wasteshed, two household hazardous waste facilities exist. They are located at the Metro Central transfer station (6161 NW 61st Ave,Portland) and Metro South transfer station (2001 Washington St., Oregon City).Additionally,Metro hosts a free household hazardous waste collection event throughout the summer months.The event moves weekly and has historically been located in Tigard at least once a year. Currently, there are no permanent hazardous waste collection, storage, or disposal facilities within the city limits.All hazardous waste is transported outside of Tigard for processing and disposal. WASTEWATER SLUDGE The applicable rules, statutes and plans that impact sludge disposal within the City include: 1. Metro Regional Solid Waste Management Plan (RSWMP) 2. Oregon Revised Statute 459a: Reuse and Recycling 3. Oregon Revised Statute 459: Solid Waste Management 4. Oregon Administrative Rule 340-090: Recycling and Waste Reduction Clean Water Services recycles more than 31 dry tons of safe, nutrient-rich organic material from the millions of gallons of wastewater treated each day at their four facilities (the Durham facility is located in Tigard). The material, known as Biosolids,is produced from the solids that settle out during primary and secondary treatment.The solids are routed to digesters and undergo anaerobic bacterial digestion for a month, are dewatered, and transported outside of the city limits to be used as a soil amendment for local farms and rangeland in Eastern Oregon. Comprehensive Plan Page # 12/06 • • Land Resources Summary Recycling Solid Waste Hazardous Waste Applicable State/Regional Requirements or Plans Related Agencies Primary City Dept. Staff Contact Affected City Documents Estimated time frame for next data update Comprehensive Plan - Page # 12/06 • • ;� C zj MEMORANDUM T I GARD TO: Planning Commission FROM: Sean Farrelly, Associate Planner RE: Planned Development Code Review Committee Recommendations DATE: June 9, 2006 • The Planned Development Code Review Committee was appointed by the City Council in January 2004 to review and recommend changes to the Planned Development Chapter of the Development Code (18.350). The concept of Planned Developments is to grant flexibility to the underlying development code standards in order to achieve a desired public purpose. Concerns arose in the community about the density, appearance, and lack of open space in some of the developments approved under the provisions of the Planned Development chapter. The Committee had its first meeting in April 2004 and worked for several months on the proposed changes. There was a several month delay due to staff shortages and turnover. The Committee came before the Planning Commission on April 17 with its recommendations. The Planning Commission made several suggestions to refine the proposed changes in the code. The PD Committee agreed to a timeline of 60-90 days to make its final recommendation. The Committee met on two occasions,May 2 and June 6. Feedback from the City Attorney, the Planning Commission, staff, and Committee members was incorporated into the revised proposed code amendments. The revised code chapters can be seen in Attachment 1 (Clean Copy) and Attachment 2 (Draft Annotated Copy.) The Committee's final recommendation to the Planning Commission is to substantially reorganize and rewrite the Planned Development chapter. These are the highlights of the proposed changes: 1. New Purpose Statement The purpose statement was completely rewritten to emphasize the link between applying flexible standards and balancing impacts with amenities such as preserving open space and natural resources, the use of alternative and sustainable building designs, and other public purposes. 2. Revised Approval Process The revisions make a clearer distinction between the three sections of the approval process: the Concept Plan, the Detailed Development Plan, and the Overlay Zone. The Overlay Zone is applied concurrently with the approval of the Detailed Development Plan. •• Concurrent applications can be made for the Concept Plan and the Detailed Development Plan, but the Planning Commission must take separate actions on each part. A.Concept Plan: New Concept Plans would require addressing these new approval criteria: • provision of open space • protecting natural resource areas _ _• integration of development into the existing neighborhood • promotion of walkability/ transit • identification of the uses and arrangement of the site • demonstration that the planned development has significant advantages over standard development (i.e. protects natural features and provides additional amenities for the development/neighborhood.) B. Detailed Development Plan: The approval of a Detailed Plan was made a distinct step in the process. The Detailed Development Plan would require addressing the following approval criteria: a. Conformance to the Concept Plan. b. Compliance with various development code chapters. Includes up to a 10% density bonus is allowed (a 1% density bonus for each 5% of the gross site area set aside in open space and up to 5% for other amenities including items from the Planning Commissioners Toolbox.) c. Additional criteria, including a mandatory shared open space requirement (20% of the gross site area.) C. Overlay Zone: The Overlay Zone is now applied concurrently with the approval of the Detailed Development Plan. The overlay zone approval does not expire. 3. Changes in Definitions Chapter (18.120) Three new definitions (to apply to the entire code) would be added: Density bonus Landscaping Open Space Facilities: Makes a distinction between three types of open space facilities (minimal use, passive use recreation, and active use recreation). The Planning Commissioners Toolbox • The Committee developed a Planning Commissioners'Toolbox: a packet with requirements of the process as well as illustrations and case studies of preferred developments around the country. The Toolbox is intended to be used as a guide for developers (distributed at the pre-app) and as a reference for the Planning Commission during Planned Development hearings. Pre-Application Conference Materials In addition to the Planning Commissioners Toolbox, staff will distribute examples of high quality materials (clear site plans and explanations) that have been used by developers at neighborhood meetings. The pre-app checklist will include a statement that if there are significant changes in the plans submitted at the neighborhood meeting, they will have to re-notice. • • Attachment Proposed Planned Development Code Revisions, June 2006 Chapter 18.120 DEFINITIONS 55. "Density bonus"—Additional dwelling units that can be earned as an incentive for providing undeveloped open space, landscaping, or tree canopy as defined further in this code. 87. "Landscaping"—Areas primarily devoted to plantings,trees, shrubs, lawn and other organic ground cover together with other natural or artificial supplements such as water courses, ponds, fountains, decorative lighting, benches, bridges, rock or stone arrangements, pathways, sculptures,trellises and screens. 104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned: a. Minimal Use Facilities. Areas reserved for low-impact recreation, limited to soft surface trails which are minimally maintained. No other improvements(apart from underground utilities)are allowed. b. Passive Use Facilities. Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways, pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains, picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access shall be provided where site considerations permit. c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater degree of site development and/or ground disturbance; such as sports fields, playground equipment, group picnic shelters, swimming pools, hard and soft surface pathways, restrooms, and similar facilities. Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 Process 18.350.030 Administrative Provisions 18.350.040 Concept Plan Submission Requirements 18.350.050 Concept Plan Approval Criteria 18.350.060 Detailed Development Plan Submission Requirements 18.350.070 Detailed Development Plan Approval Criteria 18.350.010 Purpose A. Purpose. The purposes of the planned development overlay zone are: 1. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; and Page 1 of 15 June 6, 2006 • 2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and _ 3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain-their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and 4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.)through the use of a planning procedure (site design and analysis, presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; and 5. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the City. 6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. 18.350.020 Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project an approval authority may apply the provisions of this chapter as a condition of approving any application for the development. B. Elements of approval process. There are three elements to the planned development approval process, as follows: 1. The approval of the planned development concept plan; and 2. The approval of the detailed development plan; 3. The approval of the planned development overlay zone. C. Decision-making process. 1. The 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 18.350.050. 2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as governed by 18.390.050,to ensure that it is substantially in compliance with the approved concept plan. 3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan. 4. Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval. All applicants are advised that the Page 2 of 15 June 6, 2006 • • purpose of separating these applications is to provide them clear direction in developing the detailed plans. Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone. 5. In the case of an existing planned development overlay zone, once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application. 6. If the application involves subdivision of land,the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan. • D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan,including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development application (i.e. the concept approval must precede the detailed development approval; however each required action may be made at the same hearing. 18.350.030 Administrative Provisions A. Time limit on filing of detailed development plan. The concept plan approval expires after 1-1/2 years unless an application for detailed development plan and, if applicable, a preliminary plat approval or request for extension is filed. Action on the detailed development plan shall be taken by the Planning Commission by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria in 18.350.070. B. Zoning map designation. The planned development overlay zone application shall be concurrently approved if the detailed development plan is approved by the Planning Commission. 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. 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 concept development plan as approved by the Planning Commission; • 2. The applicant can show intent of applying for the detail development plan or preliminary plat 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 may 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 concept 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 Page 3 of 15 June 6, 2006 • • 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 the concept plan. If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept _ plan shall be required. F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter. G. 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. 18.350.040 Concept Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050 and the additional information required by 18.350.040.B. 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. A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. b. An explanation of the architectural style, and what innovative site planning principles are utilized including any innovations in building techniques that will be employed. c. An explanation of how the proposal relates to the purposes of the Planned Development Chapter as expressed in 18.350.010. d. An explanation of how the proposal utilized the Planning Commissioner's Toolbox. 2. A general 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. In the case where a residential subdivision is proposed,the statement shall include the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders. B. Additional information. In addition to the general information described in Subsection A above, the concept plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: Page 4 of 15 June 6, 2006 • • 1. Existing site conditions; 2. A site concept including the types of proposed land uses and structures, including housing types, and their general arrangement on the site; 3. A grading concept; 4. A landscape concept indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); 5. Parking concept 6. A sign concept; 7. A streets and utility concept; and 8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable. C. Allowable Uses 1. 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 18.350.070.A.3.c. The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential.units; c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; f. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with, but clearly incidental to the uses permitted in the zone, such as personal services, preschool or daycare, and retail uses less than 5,000 square feet in sum total; g. Community building; h. Indoor recreation facility; athletic club, fitness center, racquetball court,swimming pool, tennis court or similar use; i. Outdoor recreation facility, golf course,golf driving range, swimming pool,tennis court,or similar use; and j. Recreational vehicle storage area. Page 5 of 15 June 6, 2006 • • 2. 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. 3. In industrial zones:In all industrial zones,a planned development shall contain only those uses allowed outright in the underlying zoning district. - - - -- - -- --- -- 18.350.050 Concept Plan Approval Criteria A. The concept plan may be approved by the Commission only if all of the following criteria are met: 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their maximized protection, preservation, and/or management. 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting walkability or transit ridership,such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops, etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood. 18.350.060 Detailed Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.B and the approval criteria under 13.350.070. B. Additional Information. In addition to the general information described in Subsection A above, the detailed development plan, data, and narrative shall include the following information: 1. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in grade, along drainage channels or swales, and at selected points, as needed 2. A specific development schedule indicating the approximate dates of construction activity, including Page 6 of 15 June 6, 2006 • • demolition, tree protection installation, tree removal, ground breaking, grading, public improvements, and building construction for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. 4.Moderate to High Density Development Analysis. If proposing development in an area within a Metro designated town or regional center,the following additional information may be required: a. Air movement: Prevailing breezes characteristic of a region may be greatly modified by urban high- rise structures. Predominant air movement patterns in a city may be along roadways and between buildings. The placement, shape, and height of existing buildings can create air turbulence caused by micro air movement patterns. These patterns may influence the location of building elements such as outdoor areas and balconies. Also a building's design and placement can mitigate or increase local wind turbulence. b. Sun and shadow patterns: The sun and shadow patterns of existing structures should be studied to determine how they would affect the proposed building. This is particularly important for outdoor terraces and balconies where sunlight may be desirable. Sun and shadow pat- terns also should be considered as sources of internal heat gain or loss. Building orientation, window sizes and shading devices can modify internal heat gain or loss. Studies should include daily and seasonal patterns and the shadows the proposed building would cast on existing buildings and open spaces. c.Reflections: Reflections from adjacent structures such as glass-clad buildings may be a problem. The development should be designed to compensate for such glare or if possible, oriented away from it. C. Compliance with specific development standards. The Detailed Development Plan shall show compliance with base zone provisions , with the following modifications: 1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; 3. Building height: In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2 times the height of the building, 4. Structure setback provisions: a. 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 setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; Page 7 of 15 June 6, 2006 • • (2) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. (3) 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. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted - for. c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The applicant may propose,or the commission may require, actual structure footprints to be shown and adhered to. 5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter. 18.350.070 Detailed Development Plan Approval Criteria A. Detailed Development Plan Approval Criteria. A detailed development plan may be approved only if all the following criteria are met: 1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: 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 lots, landscaping or other site improvements. 2. All the provisions of the land division provisions, Chapters 18.420 Partitions and 18.430 Subdivisions, shall be met if applicable; 3. 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 chapter. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed below. The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested. Page 8 of 15 June 6, 2006 • • a. Chapter 18.360, 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. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site (vehicles, bicycles, pedestrians, and transit). c. Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site,as deemed appropriate by the commission. 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 1% bonus for each 5% of the gross site area set aside in open space, up to a maximum of 5%, is allowed for the provision of active use recreational open space, exclusive of areas contained in floodplain, steep slopes, drainageways, or wetlands that would otherwise be precluded from development; (2)Up to a maximum of 5% is allowed for the development of pedestrian amenities, streetscape development, recreation areas, plazas, or other items from the"Planning Commission's Toolbox." d. Chapter 18.745, Landscaping and Screening. The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect, provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified. e. Chapter 18.765, Off-street Parking and Loading Requirements. The Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if: (1) The minimum number of parking spaces is not reduced by more 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 Page 9 of 15 June 6, 2006 • • (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, and reducing the standards 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. f. Chapter 18.780, Signs. The Commission may grant an exception to the sign dimensional requirements in the applicable zone if: (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs; and (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. g. Chapter 18.795, Visual Clearance Areas. The Commission may grant an exception to the visual clearance requirements, when adequate sight distance is or can be met; h. Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks; and 18.810.060, Lots. In addition, deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission retains the ability to not allow an exception but may not grant an exception to street standards not sanctioned by the City Engineer, other than through the procedures in 18.370, Variances and Adjustments. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: (1) Public safety will not be compromised; and (2) In the case of public streets, maintenance costs will not be greater than with a conforming design; and (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment. 4. In addition,the following criteria shall be met: a. Relationship to the natural and physical environment: (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. The commission may require the applicant to demonstrate why a particular alternate site plan that may result in greater preservation of trees, Page 10 of 15 June 6, 2006 • • topography and natural drainage would either not be feasible or would result in a greater loss of those resources; (2) Structures located on the site shall not be in areas subject to ground slumping and sliding as demonstrated by the inclusion of a specific geotechnical evaluation; (3) Using the basic site analysis information from the concept plan submittal, the structures shall be oriented with consideration for the sun and wind directions, where possible; and 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 requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same level of buffering and screening with alternate materials or methods. 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; Page 11 of 15 June 6, 2006 • d. Exterior elevations — residential use: Along the vertical face of single-family attached and multiple- family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses,e.g., decks, patios,entrances, floor area,of a minimum depth of eight feet; (2) Extensions, e.g., decks,patios,-entrances, floor area,-of a minimum-depth of eight feet,a_ maximum length of an overhang shall be 25 feet; and (3) Offsets or breaks in roof elevations of three or more feet in height. e. Private outdoor area—residential use: (1) Exclusive of any other required open space facility, each ground-level residential dwelling unit shall have an outdoor private area(patio,terrace,or porch)of not less than 48 square feet with a minimum width dimension of four 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. f. Shared outdoor recreation and open space facility areas—residential use: (1) Exclusive of any other required open space facilities, each residential 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; (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) Additional outdoor passive use open space facilities; (b) Additional outdoor active use open space facilities; (c) Indoor recreation center; or (d) A combination of the above. g. Demarcation of public, semi-public and private spaces for crime prevention: (1) The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and Page 12 of 15 June 6, 2006 • • (2) These areas may be defined by, but not limited to: (a) A deck, patio, low wall, hedge,or draping vine; (b) A trellis or arbor; (c) A change in elevation or grade; (d) A change in the texture of the path material; (e) Sign; or (f) Landscaping. h. Access and circulation: (1) The number of required 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 and service vehicles; and (3) Provisions shall be made for pedestrian and bicycle ways abutting and through a site if such facilities are shown on an adopted plan or terminate at the boundaries of the project site. i. Landscaping and open space: (1) Residential Development: In addition to the buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities, a minimum of 20 percent of the site shall be landscaped. This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan, prepared or approved by a licensed landscape architect, and surety for such landscape installation; j. Public transit: (1)Provisions for public transit may be required where the site abuts or is within a '''A mile of 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 may include but are not necessarily 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. Page 13 of 15 June 6, 2006 • • (3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement. k. Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in 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. I. Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.810. An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets, porous concrete, or eco roofs. m. 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. n. Shared Open Space Facilities: Exclusive of any other required open space or buffer areas, the detailed development plan shall designate a minimum of 20% of the gross site area as an open space facility. The open space facility may be comprised of any combination of the following: (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands,streams,or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements)for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements) for active recreational use. (4)The open space area shall be shown on the final plan and recorded on the final plat or covenants. o. Open Space Conveyance. Where a proposed park, playground or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission Page 14 of 15 June 6, 2006 • • may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods: (1) Public Ownership. 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. A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval. Dedications of open space may be eligible for Systems Development Charge credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below; (2) Private Ownership. By conveying title (including beneficial ownership) to a corporation, home association or other legal entity, and granting a conservation easement to the City in a form acceptable by the City. The terms of the conservation easement must include provisions for the following: (a) The continued use of such land for the intended purposes; (b) Continuity of property maintenance; (c) When appropriate, the availability of funds required for such maintenance; (d) Adequate insurance protection; and (e) Recovery for loss sustained by casualty and condemnation or otherwise. Page 15 of 15 June 6, 2006 • S DRAFT Attachment 2 Proposed Planned Development Code Revisions,June 2006 Explanation of Formatting These text amendments employ the following formatting: Stfilethfeugli— For text to be deleted [Bold and Italic]— For text to be added Chapter 18.120 DEFINITIONS [55. "Density bonus"—Additional dwelling units that can be earned as an incentive for providing undeveloped open space, landscaping, or tree canopy as defined further in this code.] [87. "Landscaping"—Areas primarily devoted to plantings, trees, shrubs, lawn and other organic ground cover together with other natural or artificial supplements such as water courses, ponds,fountains, decorative lighting, benches, bridges, rock or stone arrangements,pathways, sculptures, trellises and screens.] [104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned: a. Minimal Use Facilities. Areas reserved for low-impact recreation, limited to soft surface trails which are minimally maintained. No other improvements (apart from underground utilities) are allowed. b. Passive Use Facilities. Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways,pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains,picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access shall be provided where site considerations permit. c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater degree of site development and/or ground disturbance;such as sports fields,playground equipment,group picnic shelters, swimming pools, hard and soft surface pathways, restrooms, and similar facilities.] [Renumber definitions after#55 according to the above amendments] Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 The Process Page 1 of 21 June 12, 2006 • • DRAFT 18.350.030 Administrative Provisions • • I I • . . • I . , I . 18.350.090[18.350.040]Conceptual-Development Plan Submission Requirements. [18.350.050 Concept Plan Approval Criteria] [18.350.060 Detailed Development Plan Submission Requirements] [18.350.070 Detailed Development Plan Approval Criteria] 18.350.100 ..proval Criteria 18.350.010 Purpose A. Purpose. The purposes of the planned development overlay zone are: 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 particular site; and living-environments,. [1. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; and] [2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and] [3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods_ through appropriate buffering and lot size transitioning; and] Page 2 of 21 June 12, 2006 • • DRAFT [4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis,presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; and] [5. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the City; and] [6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials.] 18.350.020 The Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. The planned development designation is an overlay zone applicable to all zones. [An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project an approval authority may apply the provisions of this chapter as a condition of approving any application for the development.] B. Elements of approval process. There are three elements to the planned development approval process, as follows: 2 The approval of the planned development concept plan; and 4 [1. The approval of the planned development concept plan; and 2. The approval of the detailed development plan. 3. The approval of the planned development overlay zone.] C. Decision-making process. • • . . . . - . . - • -. . . . reviewed by means of a Type II procedure, as governed by 18.390.040, to ensure that it is [1. The 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 18.350.050.] Page 3 of 21 June 12, 2006 S • DRAFT [2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as governed by 18.390.050, to ensure that it is substantially in compliance with the approved concept plan.] [3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan.] [4. Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval. All applicants are advised that the purpose of separating these applications is to provide them clear direction in developing the detailed plans. Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone.] [5. In the case of an existing planned development overlay zone, once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application.] [6. If the application involves subdivision of land, the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan.] and for approval of the conceptual development plan may be heard concurrently if an onto a [D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development application (Le. the concept approval must precede the detailed development approval; however each required action may be made at the same hearing.] 18.350.030 Administrative Provisions • [A. Time limit on filin2 of detailed development plan. The concept plan approval expires after 1-1/2 years unless an application for detailed development plan and, if applicable, a Page 4 of 21 June 12, 2006 • • DRAFT preliminary plat approval or request for extension is filed. Action on the detailed development plan shall be taken by the Planning Commission by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria in 18.350.070.] A.[B.] Zoning map designation. . - • . • . : - - - • - - - . • :: - [The planned development overlay zone application shall be concurrently approved if the detailed development plan is approved by the Planning Commission.]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 filin. of detailed development sIan. Within 1 1/2 years after the date of • - - _ - - •5 1. ! _ - ' . .. .- - r.- - c. The change involves a change in use; change involves a major shift in the location of buildings, proposed streets, 2. A decision by the Director may be appealed by the applicant or other affected/approved•.. • - - - - - - - - . r.• . . . _• • S I *. 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 [or preliminary plat] 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. Page 5 of 21 June 12, 2006 • • DRAFT 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. [If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required.] - . . . .. - . . - - . . . . _ [F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter.] [G. 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.] _.. Note: moved to 18.350.030 Page 6 of 21 June 12, 2006 • • DRAFT 1 1 • • - - -•• - • - - - Note: moved to 18.350.040 underlying zone and the density bonus provisions of 18.350.100 B2. The following uses arc 2 Single family detached and attached residential units; 3 Duplex residential units; �1 Multi family residential units; 5 Manufactured homes; the zone; 7 Community building; 9 Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court,or s.imila nd a� o • outright use. i i I • . • Note: moved to 18.350.060 Page 7 of 21 June 12, 2006 S DRAFT €e1lews 3 Building height: The building height provisions shall not apply; and d. Structure setback provisions: .. . facing a street. (2) A minimum front yard setback of eight feet is required for any garage opening for an • .. - . 1 1 1 . • A. Exceptions to parking requirements. The Commission may grant an exception to the off street on findings that: . .. - . . - . .. . - affect adjoining uses; or 5 There is a community interest in the preservation of particular natural features of the site B. Exceptions to sign requirements. The Commission may grant an exception to the sign standard f r 2 The exception is necessary for adequate identification of the use on the property; and Page 8 of 21 June 12, 2006 • i DRAFT 10 -- • . '8, 90[18.350.0401 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 IIID [-PC] procedure, as governed by Section 18.390.050 [and the additional information required by 18.350.040.B.] 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.]A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. [b. An explanation of the architectural style, and what innovative site planning principles are utilized including any innovations in building techniques that will be employed.] [c. An explanation of how the proposal relates to the purposes of the Planned Development Chapter as expressed in 18.350.010.] [d. An explanation of how the proposal utilized the Planning Commissioner's Toolbox.] 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. [In the case where a residential subdivision is proposed, the statement shall include the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders.] 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 [including the types of proposed land uses and structures, including housing types, and their general arrangement on the site]; 3. A grading concept; Page 9 of 21 June 12, 2006 ! • DRAFT 4. A landscape concept[indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); [5. Parking concept;J 5. [6.]A sign concept; and - [7. A streets and utility concept; and] [8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable.] [18.350.050 Concept Plan Approval Criteria] [A. The concept plan may be approved by the Commission only if all of the following criteria are met: 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their maximized protection,preservation, and/or management. 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops, etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood.] Page 10 of 21 June 12, 2006 • • DRAFT [18.350.060 Detailed Development Plan Submission Requirements] [A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.B and the approval criteria under 13.350.070.] [B. Additional Information. In addition to the general information described in Subsection A above, the detailed development plan, data, and narrative shall include the following information: 1. Contour intervals of 2 to S ft, depending on slope gradients, and spot elevations at breaks in grade, along drainage channels or swales, and at selected points, as needed 2. A specific development schedule indicating the approximate dates of construction activity, including demolition, tree protection installation, tree removal, ground breaking, grading, public improvements, and building construction for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. 4.Moderate to High Density Development Analysis. If proposing development in an area within a Metro designated town or regional center, the following additional information may be required: a. Air movement: Prevailing breezes characteristic of a region may be greatly modified by urban high-rise structures. Predominant air movement patterns in a city may be along roadways and between buildings. The placement, shape, and height of existing buildings can create air turbulence caused by micro air movement patterns. These patterns may influence the location of building elements such as outdoor areas and balconies. Also a building's design and placement can mitigate or increase local wind turbulence. b. Sun and shadow patterns: The sun and shadow patterns of existing structures should be studied to determine how they would affect the proposed building. This is particularly important for outdoor terraces and balconies where sunlight may be desirable. Sun and shadow pat- terns also should be considered as sources of internal heat gain or loss. Building orientation, window sizes and shading devices can modify internal heat gain or loss. Studies should include daily and seasonal patterns and the shadows the proposed building would cast on existing buildings and open spaces. c.Reflections: Reflections from adjacent structures such as glass-clad buildings may be a problem. The development should be designed to compensate for such glare or if possible, oriented away from it] [C. Compliance with specific development standards. The Detailed Development Plan shall show compliance with base zone provisions, with the following modifications: Page 11 of 21 June 12, 2006 s • DRAFT 1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum - site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; 3. Building height: In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2 times the height of the building. 4. Structure setback provisions: a. 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 setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; (2) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. (3) 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. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The applicant may propose, or the commission may require, actual structure footprints to be shown and adhered to. 5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter.) 3 ry '8. 501000[18.350.070 Detailed Development Plan]Approval Criteria [A. Detailed Development Plan Approval Criteria. A detailed development plan may be approved only if all the following criteria are met: 1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: Page 12 of 21 June 12, 2006 • • DRAFT 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 lots, landscaping or other site improvements.] • . 1 • - application, -1-[2.]All the provisions of the land division provisions, Chapters 0, 18.420[Partitions] and 18.430[Subdivisions], shall be met[if applicable]; 2. [3.] 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 [chapter] section. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed in below. [The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested.] [a. Chapter 18.360, 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. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety Page 13 of 21 June 12, 2006 s • DRAFT considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site (vehicles, bicycles,pedestrians, and transit).) -- [c.] Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, [using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission.] 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 1% bonus for each 5% of the gross site area set aside in open space, up to a maximum of S%,] ^ maximu~a of 3% is allowed for the provision of[active use recreational open space] . •- .. - .. -, exclusive of areas contained in floodplain,[steep]slopes greater than 25 %, drainageways, or wetlands that would otherwise be precluded from development; (2)[Up to a maximum of 5% is allowed for the development of pedestrian amenities, streetscape development, recreation areas, plazas, or other items from the "Planning Commission's Toolbox." • - . • . 0. • . . :•-:; -- . . - - - . . . of ho g t. [d.] Chapter 18.745, Landscaping and Screening. [The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect, provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified.] [e.] Chapter 18.765, Off-street Parking and Loading Requirements. [The Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if: Page 14 of 21 June 12, 2006 0 • DRAFT (1) The minimum number of parking spaces is not reduced by more 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, and reducing the standards 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.) [f.] Chapter 18.780, Signs. [The Commission may grant an exception to the sign dimensional requirements in the applicable zone if (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs; and (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.) [g.]Chapter 18.795, Visual Clearance Areas. (The Commission may grant an exception to the visual clearance requirements, when adequate sight distance is or can be met;) [h.J Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks; and 18.810.060, Lots. In addition, deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission retains the ability to not allow an exception but may not grant an exception to street standards not sanctioned by the City Engineer, other than through the procedures in 18.370, Variances and Adjustments. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: (1) Public safety will not be compromised; and (2) In the case of public streets, maintenance costs will not be greater than with a conforming design; and Page 15 of 21 June 12, 2006 • • DRAFT (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment.] b. -Chapter 18.730, Exceptions to Development Standards; c. Chapter 18.795, Visual Clearance Areas; _ __ . . , . . . . . . •. . . -. .. . f. Chapter 18.705, Access, Egress and Circulation; and g. Chapter 18.780, Signs. 3—[4.] In addition, the following criteria shall be met: a. Relationship to the natural and physical environment: (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. [The commission may require the applicant to demonstrate why a particular alternate site plan that may result in greater preservation of trees, topography and natural drainage would either not be feasible or would result in a greater loss of those resources;] (2) Structures located on the site shall not be in areas subject to ground slumping and sliding[as demonstrated by the inclusion of a specific geotechnical evaluation;] fire protection; (4) [(3) Using the basic site analysis information from the concept plan submittal,]the structures shall be oriented with consideration for the sun and wind directions, where possible; and 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 requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same level of buffering and screening with alternate materials or methods.]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 Page 16 of 21 June 12, 2006 • • DRAFT (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. Exterior elevations—residential use:Along the vertical face of single-family attached and multiple family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses, e.g., decks,patios, entrances,floor area, of a minimum depth of eight f feet; (2) Extensions, e.g., decks,patios, entrances,floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and (3) Offsets or breaks in roof elevations of three or more feet in height.] d.[e.]Private outdoor area -- multi-family use: (1) - .--• . - • . . . . .. . . ,[Exclusive of any other required open space facility,] each ground-level residential dwelling unit shall have an outdoor private area (patio, terrace,[or]porch) of not less than 48 square feet[with a minimum width dimension of four 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.[f.J Shared outdoor recreation areas—[residential] use:•(1) - . . . . . • - - [Exclusive of any other required open space facilities,]each [residential] 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: Page 17 of 21 June 12, 2006 • DRAFT . • - . •. .. -, .. . .. . - .. ; . feet. [(a) Additional outdoor passive use open space facilities; (b) Additional outdoor active use open space facilities; - (c) Indoor recreation center; or (d) A combination of the above.] [g. Demarcation of public, semi-public and private spaces for crime prevention: (1) The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and (2) These areas may be defined by, but not limited to: (a) A deck,patio, low wall, hedge, or draping vine; (b) A trellis or arbor; (c) A change in elevation or grade; (d) A change in the texture of the path material; (e) Sign; or (fl Landscaping.] [h.]Access and circulation: (1) The number of[required] 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[and service]vehicles; and (3) Provisions shall be made for pedestrian and bicycle ways[abutting and through a site] if such facilities are shown on an adopted plan[or terminate at the boundaries of the project site.] g.[L]Landscaping and open space: (1) Residential Development: In addition to the [buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities,] . .' •• - . . . , _ . . - . . . . - •. •, a minimum of 20 percent of the site shall be landscaped. [This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan,prepared or approved by a licensed landscape architect, and surety for such landscape installation;] landscaped; and Page 18 of 21 June 12, 2006 • • DRAFT h7[j.]Public transit: (1) Provisions for public transit may be required where the site abuts[or is within a mile of 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[may include but are not necessarily limited to]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. [(3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement.] i. Signs: Y.. 1 j- [k.]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. 1F [I.JDrainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter[18.810.] :. _ -- • - •. •• • - - - - • : • - [An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets,porous concrete, or eco roofs.] 1-[m.JFloodplain 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. [n.J48450414) Shared Open Space[Facilities] [Exclusive of any other required open space or buffer areas, the detailed development plan shall designate a minimum of 20% of the gross site area as an open space facility. The open space facility may be comprised of any combination of the following: Page 19 of 21 June 12, 2006 • • DRAFT (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands, streams, or 100 year floodplain). - (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, _ irrigation,pathway and other structural improvements)for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for active recreational use. (3) The open space area shall be shown on the final plan and recorded on the final plat or covenants.] [o. Open Space Conveyance. Where a proposed park,playground or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use,provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods:] A. Requirements for shared open space. Where the open space is designated on the plan as • a,[(1) Public Ownership.] : .• . •- - - . .. . • - - - - open spy- 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 [A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval. Dedications of open space may be eligible for Systems Development Charge credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below;] [(2) Private Ownership.] By leasing or conveying title (including beneficial ownership) to a corporation, home association or other legal entity,[and granting a Page 20 of 21 June 12, 2006 • • DRAFT conservation easement to the City in a form acceptable by the City. The terms of the conservation easement must include provisions for the following:] (-1-) (a) The continued use of such land for the intended purposes; (2) (b)Continuity of property maintenance; (3 (c) When appropriate, the availability of funds required for such maintenance; (4) (d) Adequate insurance protection; and (-5) (e) Recovery for loss sustained by casualty and condemnation or otherwise. Page 21 of 21 June 12, 2006