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09/25/2006 - Packet • • REVISED AGENDA TIGARD PLANNING COMMISSION • SEPTEMBER 25, 2006 7:00 p.m. TIGARD CIVIC CENTER-RED ROCK CREEK CONFERENCE ROOM 13125 SW HALL BOULEVARD TIGARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. COMMUNICATIONS AND COMMITTEE REPORTS 4. APPROVE MINUTES 5. COMP PLAN UPDATE • ECONOMY/OVERVIEW • HOUSING/OVERVIEW 6. NATURAL RESOURCES • GOAL 5: HABITAT-FRIENDLY DEVELOPMENT CODE AMENDMENTS WORKSESSION 7. COMPREHENSIVE PLAN UPDATE • NATURAL RESOURCES REPORT 8. OTHER BUSINESS 9. ADJOURNMENT 0 • Tigard Planning Commission - Roll Call Hearing Date: q`�5 — 0 6 Starting Time: 7 : JD pp . COMMISSIONERS: / Jodie Inman (President) eV Gretchen Buehner Rex Caffall Patrick Harbison v Kathy Meads `Z Judy Munro (Vice-President) ✓ Jeremy Vermilyea David Walsh STAFF PRESENT: Dick Bewersdorff 'Z Tom Coffee Gary Pagenstecher Ron Bunch Cheryl Caines Denver Igarta Emily Eng Duane Roberts Kim McMillan "Beth St. Amand Gus Duenas Phil Nachbar Sean Farrelly • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes September 25, 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 Buehner, Caffall, Meads,Munro, and Vermilyea Commissioners Absent: Commissioners Harbison and Walsh Staff Present: Tom Coffee, Director of Community Development; Beth St.Amand, Senior Planner; Denver Igarta,Associate Planner; Sean Farrelly,Associate Planner;Jerree Lewis, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS Community Development Director Tom Coffee provided an update on the Cache Creek Annexation injunction hearing. The judge will make her decision in mid-October. In the meantime, the City will hold the public hearing for the annexation on September 26th. Commissioner Buehner reported that the Transportation Financing Task Force had a preliminary meeting regarding the proposed gas tax. Unfortunately, only Commissioner Buehner and City Engineer Gus Duenas were at the meeting. They took their strategy to Council last week. Council told the Task Force to move forward with their public outreach program. There will be 2 public meetings in November. Commissioner Buehner reported that the City Center Advisory Commission will meet on Wednesday, September 27th. 4. APPROVE MEETING MINUTES It was moved and seconded to approve the September 18, 2005 meeting minutes as submitted. The motion passed by a vote of 3-0. Commissioners Meads,Munro,and Vermilyea abstained. PLANNING COMMISSION MEETING MINUTES—September 25,2006—Page 1 • • 5. COMPREHENSIVE PLAN UPDATE • ECONOMY/OVERVIEW • HOUSING/OVERVIEW Senior Planner Beth St. Amand advised that the Community section of the Comprehensive Plan is composed of 2 elements — economy and housing. They are the main building blocks of what the community is based on—who lives here,what they do, and what supports our local community. Associate Planner Sean Farrelly summarized the report on Economy previously sent to the Planning Commission (Exhibit A). The Planning Commission asked how Tigard's percentage of commercial and industrial land relates to other small cities in the area. Staff said we don't have exact percentages; however Tigard has a good balance. Sherwood has a lot of residential land; on the other hand, Wilsonville needs more housing. Farrelly advised that there are more jobs in Tigard than there are residents in the workforce. Tigard's ratio of jobs to population is .69, compared to Sherwood's .3 and Washington County's .39 as a whole. He reported that in 1997, Metro assigned Tigard a capacity of 17,801 new jobs by the year 2017. We have not been able to determine where we are in that number at the present time. Staff will try to come up with an estimate. Farrelly reported that, according to the Economic Opportunity Analysis,Tigard will have a deficit of 180 acres of industrial land. Tom Coffee noted that when Metro does their projections, they do it on the basis of employment-induced population growth. Each community has to look at the reality of that analysis, what's left to build on, what they already have, and how big they can get. Coffee said that in the jurisdictions in which he has worked, he has recommended the cities do their own evaluations. Where there is land to accommodate the projections, that's reality. If there is no land or zoning available,we can't make it happen. Since Tigard doesn't have very much commercial or industrial land left, Commissioner Buehner asked if we should look at rezoning some land. Commissioner Meads asked if that's what we want for Tigard— do we want it to be high employment or do we want it to be more residential. What do the citizens want? Tom Coffee noted that another dimension that's not typically discussed in comprehensive plans is a community's financial strategy— can the tax base sustain the residential side and achieve what the city wants to do. Citizen John Frewing noted that the Parks SDC in commercial and industrial sectors is tied to creation of new jobs. PLANNING COMMISSION MEETING MINUTES—September 25,2006—Page 2 • • The Commission would like to know what the ratios are in other cities. This would be useful information for the public. President Inman asked about commercial properties. Staff advised that the Downtown will be redeveloped and there are large buildable parcels in the Tigard Triangle. Staff reported that there are 40 acres left in the CG zone and 9 acres left in the CP zone. It was suggested that the properties along 99W could be redeveloped. John Frewing said that residential land gives as much tax base as does industrial land. The Commission advised that residential areas need more services; industrial areas don't. A healthier community for residents is one that has a more significant commercial or industrial land use to help subsidize residential tax bases. St. Amand advised that the recent citizen survey reported traffic as the number one concern. There are a number of people who work in Tigard, but live elsewhere. Part of the 99W problem is that there are a lot of people traveling to and from for their daily jobs. St. Amand provided the overview on housing (Exhibit B). The Commission asked for comparison data with other jurisdictions. Staff will bring that information to a later meeting. St. Amand advised that Tigard's median income is slightly higher than Portland's median income. She also reported that Tigard is growing about 2% a year without annexations. She detailed the 2 Metro-area policies that affect Tigard. The State Metropolitan Housing Rule requires Tigard to provide 10 dwelling units per acre for new construction and an opportunity for at least 50% of new units to be single-family attached or multi-family units. Metro's Title 1 requires Tigard to have 80% minimum density requirements for the zone and requires Tigard to provide a zone capacity for 6,308 additional units, based on the buildable lands inventory beginning in 1994. Regarding affordable housing, St. Amand reported that the City did not adopt the Metro Title 7 voluntary affordable housing production goal (319 units in Tigard). The City has a number of other policies to encourage affordable housing. Tom Coffee noted that when Metro was making this rule in 1997, they tried to require inclusionary zoning which would require developers to put in a certain percentage of affordable housing units. The homebuilding industry objected and got the legislature to pass a law prohibiting inclusionary zoning in Oregon. St. Amand advised that most of the available buildable residential land is zoned low or medium density; there is no R-40 land left. The majority of available lots are 1 acre or less. The City has reached 52% of the Metro Title 1 zone capacity requirement of 6308 units. Commissioner Buehner recommended consideration of redevelopment for the neighborhoods on the other side of the viaduct by Greenburg, Commercial, and Tiedeman. The existing housing was built in the 1940s. Tom Coffee said that in the next 20 years, PLANNING COMMISSION MEETING MINUTES—September 25,2006—Page 3 • redevelopment will probably occur in this area. The City can put regulations in place to complement that redevelopment. St. Amand advised that staff is breaking the zoning map apart from the Comprehensive Plan designation. They don't have to be exclusive. There can be an existing use/zone, but potentially, it could redevelop with perhaps another type of residential capacity. Commissioner Buehner is concerned about the relatively small amount of higher density land and the shortfall of rental units. We need to figure out how to address these. The Commission discussed the trend of getting away from multi-family housing and contractors not wanting to build that type of housing. Residential contractors like to build single-family housing as much as they can. On the other hand, condo conversion is a way to get affordable housing. President Inman noted that we can't force the market to do what we want it to. We need to make sure our opportunities are balanced even though the zoning may be out of balance for awhile. Commissioner Caffall thinks the Downtown Plan will provide a lot of multi-family units. This should help. President Inman suggested thinking about providing more mixed or medium-density as buffers from the high to low density areas. 6. NATURAL RESOURCES • GOAL 5: HABITAT-FRIENDLY DEVELOPMENT CODE AMENDMENTS WORKSESSION Associate Planner Denver Igarta discussed code provisions for habitat-friendly development (Exhibit C). He began with a recap of the Tualatin Basin program. He advised that we are in the final step of the process which includes implementing the program. The program was submitted to Metro for their approval. Metro has incorporated the program into their Nature in Neighborhoods program at the regional level,which has been submitted to the state. If approved, it will become Title 13 and the Nature in Neighborhoods Program will become the region-wide program for protecting fish and wildlife. The Basin identified some recommendations for how the City can incorporate habitat- friendly practices into our local regulations. We are now considering changes to our code. Igarta summarized 11 recommendations that the City has already substantially met by existing regulations. He then identified areas where modifications to the code need to be made so we would be in compliance with Basin recommendations. The 4 categories include lot dimensions, density/buildable area, landscaping requirements, and reduced paved area. He detailed the proposed amendments for the Significant Habitat Map, low impact methods and techniques, pervious paving materials, on-site density transfer, healthy PLANNING COMMISSION MEETING MINUTES—September 25,2006—Page 4 • • streams projects, lot dimension adjustments, minimum density requirement, habitat delineation methodology, and adjustment to street standards. The Significant Habitat Area Map shows 3 areas of habitat, based on value —vegetated corridor areas would be strictly limited from development; riparian areas outside the vegetated corridor would be moderately limited; upland areas outside the riparian corridor would be lightly limited. He noted that most of the buildable land is in the lightly limited area. For low impact methods and techniques, Metro recommended adding 2 more techniques: fencing to guide animals toward safe passage ways and redirect outdoor lighting to reduce spill-off. Igarta advised that the City's Engineering staff wants to ensure that pervious paving is designed and maintained to stay well drained. He noted that the City is not mandating any of these techniques. Developers can choose to use the voluntary, habitat-friendly techniques for walkways, access drives, parking spaces, and bike parking. Igarta advised that Clean Water Services is in the process of reducing their storm water connection system development charge (SDC) for developments that implement the top 4 practices (water quality facilities, pervious pavement, soil amendment, and roof runoff controls). The Commissioners had a lengthy discussion about on-site density transfers. Staff advised that by having a public hearing, the Commission meets Metro's requirement to "consider" this provision as a proposed amendment. If they decide not to adopt this particular amendment, they have still considered it. The Commission can adopt the rest of the code amendments, but not adopt this piece of it. The consensus of the Commission was to not make a change to the development code regarding density transfers. They may come back to this amendment at a later time. Regarding the amendment for lot dimension adjustments, Commissioner Buehner suggested adopting what has already been proposed with the new Planned Development Code Amendments. She believes that reducing lot area conflicts with the proposed PD amendments. Igarta said that if the Commission thinks one of the standards works best for only the Moderately Limited areas, they have the flexibility to choose not to extend it to the Lightly Limited areas as well. Commissioner Buehner would like to see the lot dimension modifications only apply to the Moderately Limited areas and not include the Lightly Limited areas. Staff advised that Moderately Limited areas are adjacent to the Vegetative Corridor and Lightly Limited areas are upland areas outside the riparian corridor. PLANNING COMMISSION MEETING MINUTES—September 25,2006—Page 5 • • After more discussion, the consensus of the Commission was to remove the Lightly Limited areas from this amendment. The recommendation will only include Moderately Limited areas. As a side to that, the Commission wants to see the new PD language to see if it might fit in with the habitat-friendly language. For minimum density, Igarta advised that the Basin is recommending we allow below the minimum density for significant habitat areas. He referred to Metro's Title 13 language allowing below minimum density if it has been identified as having regionally significant fish and wildlife habitat on the Metro Inventory Map. Commissioner Buehner asked if the City can make a further delineation, i.e., a sliding scale for steep slopes. There are strict limitations for slopes over 25%, but there is no limitation for in between slopes. Staff advised that, if we go beyond what Metro has proposed,we need to go through a separate process. As part of the Comprehensive Plan update, the City can choose to go beyond Metro's requirement. Igarta advised that the City spent a considerable amount of time when they adopted street standards as part of the Transportation System Plan in 2002. The proposed amendment will add habitat areas as natural features to the existing provisions. The public hearing for the proposed code amendments is scheduled with the Planning Commission on October 16th. John Frewing provided written comments to the proposed habitat-friendly development provisions (Exhibit D). 7. COMPREHENSIVE PLAN UPDATE • NATURAL RESOURCES REPORT The Commission decided to move this item to the next meeting on October 2nd. 8. OTHER BUSINESS The Commission received a list of current boards and committees that have or need Planning Commission liaisons. The Commissioners will look at filling vacancies after new Planning Commissioners are on board. John Frewing spoke to the Commission about the recent Longstaff Condominium project that went over the 120 days allowed for development approval. This denied Sue Bielke an opportunity to appeal the decision. He believes Tigard isn't enforcing the 120 day rule and that staff should complete their review within 60 days or the City should allow for quicker appeals. He doesn't believe that the current process allows time for citizen appeals. Commissioner Buehner explained the law governing development applications and how the process works. PLANNING COMMISSION MEETING MINUTES—September 25,2006—Page 6 • • She advised that an applicant has to agree to any extensions of the 120 day rule. She also explained the circumstances involved with this particular case as to why it took so long. 9. ADJOURNMENT The meeting adjourned at 9:44 p.m. _ / Jerree Lew s,Planning o 'ssion Secretary ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—September 25,2006—Page 7 • • Comprehensive Plan Update Economy Planning Commission Overview 11 I Sean Fancily,Associate Planner Long-Range Planning City of Tigard September 18,2006 Report on Tigard's Economy The Process • Data:U.S.Census and Economic Census, Metro employment and population projections, Tigard Business Tax info and Buildable Lands Inventory • Will collect and analyze more data for the next phase of policy formulation September 18,2006 Economy Report to Planning Commission Current Policies • Statewide Goal 9:prioritizes the protection of land for industrial and employment purposes • Metro Title 4 implements this regionally by designating Industrial and Employment Areas(with limits on retail and other development.) • Tigard:Urban Renewal/Downtown Plan, Washington Square Regional Center Plan September 18,2006 Economy Report to Pluming Commission 1 • • r , Economy: Inventory Land Use: • 2356 acres(31%of Tigard's land area)is zoned for commercial and industrial. • Major commercial and mixed-use areas: Washington Square,Tigard Triangle,Downtown, and 99-W Corridor. • Industrial areas:between I-5 and Fanno Creek, along rail line • Assessed value of Commercial and Industrial properties$1.1 Billion(31%of total) September 18,2006 Economy Report m Planning Commission Economy: Inventory Business and Employment • Tigard residents in the workforce-21,893 • 30,616 jobs • 3,124 businesses:about half have 4 employees or fewer; 7%home-based • Ratio of jobs to population 0.69 • Large number of commuters into and out of Tigard • Wide range of businesses September 18,2006 Economy Report to Planning Commission Economy: Inventory Top Five Sectors by Sales,Shipments, Top Five Sectors by Payroll(2002) and Receipts(2002) 1.Retail Trade 1.Wholesale Trade 2.Wholesale Trade 2.Retail Trade 3.Manufacturing 3.Manufacturing 4.Information 4.Real Estate,Rental,and Leasing 5.Administrative,Support&Mgmt. 5.Health Care&Social Assistance Top Five Tigard Employers(2005) 1.Renaissance Credit Services-1116 2.Meier&Frank-704 3.Nordstrom-461 4.Oregon PERS-347 5.Costco-341 September 18,2006 Economy Report to Planning Commission 2 • • Tigard Future Needs • Metro assigned Tigard a capacity of 17,801 new jobs by the year 2017. • 45 acres of buildable Industrial land remain.(2005 Buildable Land Inventory) • Unlikely to be able to annex suitable land for industrial or commercial uses in the future. • Economic Opportunity Analysis shows the supply of industrially zoned land will be inadequate to meet the 2025 forecasted job demand. September 18,2006 Economy Report to Planning Commission Key Points • Tigard has a wide range of economic activities • Tigard is not a bedroom community • Tigard has no formal city-wide Economic Development strategy • Tigard projected to have a deficit of land for future industrial jobs September 18,2006 Economy Report to Planning Commission Questions or Suggestions? September 18,2006 Economy. Report m Planning Cacmussmn 3 • • Comprehensive Plan Update Community:Who are we? Housing Overview •There are 45,500 residents(2005) , •Median age:34.5 1 '5. •Education:91%high-school degree;44%have a �� � 1 college degree 7 IIL' bi r _ J. EF . :,••, 117 •One-third of households have children under 18 years - •Average household size:2.48 Long Range Planning •Median Income(2003):$54,001 City of Tigard Sept.18,2006 Housing Policy Goal 10 and Tigard Housing Choices •Goal 10:To provide for housing needs •Two Metro-area Policies Affect Tigard: of citizens of the state. Focus is on buildable land inventory, range of •Metropolitan Housing Rule.Density,housing mix. 1.Tigard to provide 10 du/ac housing choices. 2.Opportunity for at least 50%of new units to be single-family attached,multi-family •Metro Title 1.Tigard has minimum density • (80%)requirements,and 6,308 zoned capacity for additional units. !' Goal 10 and Tigard Housing Choices The Path to 2027:Framing the Questions •How much and what type of housing does Tigard offer today?How affordable is it? Affordable Housing: •Where do we have room to grow,and by • Metro Title 7 includes voluntary affordable housing how much? t a.�•production goals;319 in Tigard.City does not develop ' or provide affordable housing.Goal not adopted by •Can we provide a diverse selection of CT. housing to meet projected needs? •How do jobs and housing match?Does this match future trends? •And how does this relate to other policies (natural resources,etc.)? 1 • • Housing Inventory and Stats Housing Affordability:Ownership •Majority of Tigard residents own(58%) •Almost 70%zoned residential;53%R-4.5;20%R-7. •Since 2000,prices have increased 46% •There are 19,468 single-and multi-family units;55 mobile •The 2005 median price=$269,900 homes and 14 manufactured homes. •For median household to purchase this home would require approximately twice its income(zero down) •Housing stock 81%built after 1970 •In the Portland area,average wage earners would require almost 7 times their annual income to purchase •2400+square feet=average single-family home a home. (last three years increased to 2500) •Affordable housing=No more than 30%of household •6068=Average Lot Size,2000 to 2005 gross income •-1000 difference from 2004 to 2005 •For median household,that would be$1350/month. Housing Affordability:Rental "Affordable"housing •42%of Tigard residents rent •Affordable housing reserved for individuals/households making 0 to 50%of •7,115 rental units in Tigard median income •In fall 2004,the average rent was$705/month •Currently 485 units in Tigard and Metzger; •Affordable for$28,200 annual incomes additional 781 credits,vouchers,other •Occupancy averaged 93%,considered weak •Could change with increase in ownership prices 'Demand=495 households •37%decrease since 2002 •Tigard has adopted strategies Buildable Lands Inventory Residential Capacity •Residential:Mostly low(54%is R-3.5/R-4.5)or •The City has reached 52%of Title 1 zoned capacity of medium density(26%is R-7). 6,308 units(Metro Title 1;based on 1996 boundaries). •No buildable R-40 land remains. •Since 1994,the overall new residential density has been 6.8 units/acre. •This is less than the required 10 du/ac. •The majority of available lots are 1 acre or less. •Areas such as Washington Square,the Central Business •If remaining buildable residential lands District(Downtown Tigard),and the Tigard Triangle allow developed,additiona12,902 to 3,482 units. for higher density residential projects but have had limited •Depends on mixed-use rate of development. multi-family projects occur. •Includes 20%factor for development not on BLI 2 • • Additional Data Required •Calculate potential for multi-family units v.single-family units,particularly mixed-use projects. •Projected household size for next 20 years and demand for housing types. •What is the potential in special planning areas such as Downtown? •Why have mixed-use residential projects not occurred in the City? •Relationship between employment and housing. 3 • • 0. Ail-R11.-:_oricilniti, ii-.(oily Div(;[Icilomi(;nit PT6wItIcym . .. % - ..,...... ,.... ,.4.„4,...s.i.,v :- .:,!....„ / .,.... ..„:-..,4,_.. , ,. ..„,, :. .-.. 3 .„ ,}; . ..i :.,k . ... ..4,. .,.....,..7,,t .. , ..,..,5..7.....:A"4.',.4.,,,„„.-.,,,.-7,7,.1,,, ' . -;. .: _ � E 1 it ., . ,....M,- ..:.- .. ,r II a r TIGARD ?a Y?Kr tii:,,i' . _ ^`:' -' -1�GY"0.\;';`r� \A r. ,∎:"i 2006 Habitat-Friendly Development Reduce detrimental impacts of development on I fish and wildlife habitat. `,,1,, How? - ' wow ; - 11.-24 s.4;y,4 • Remove barriers to the use of ` 1 �' 3 a `. habitat friendly practices -,P, r '0` v,cr..—.4k, V.'s/ s ;p?.°t.;d • Develop guidelines to encourage �w s, , �'� Y habitat-friendly development _ :.` c.4 s d practices ,,., ". - 4th 1 • • Goal 5 Steps: Relationship to Metro and Tualatin Basin Program STEP A STEP B STEP C STEP 0 Program Implementation Gap Amend Code O ' Mar o5, June o6 , July 06, Dec o6 r it,4r ,� ..,1 By i+ *7it,:,,'4: . Ad.,---0G. . 4,,ytura,„ 4 5,34* iii'k. _� STEP h,, 0.,,,,,,IWi',L T;; 1 STEP'S 0®"_,'a 3 ' j y"9' V V � �,)��� Ail [SEE 'sti®®o ''_ - � + `� O I STEP "`— v i, :,- ,74 Z( 0-f . -INVENTORY,Ncehnr flfld -- Ly Gap Analysis Review existing regulations for consistency with "habitat-friendly development" recommendations q of the Tualatin Basin. li t, 1 Summary of Findings .; l • 11 recommendations were determined to be " `2` substantially met by existing regulations 51.,�`��''° • Lot Coverage Flexibility • Use of Native Plants u°;t • Parking Ratios • Tree Canopy Preservation 41k y Parking • Minimum Lot Size.Reduction °6:t1'�1. ■ Shared Driveways& Parkin • Parking Stall Dimensions • Maximize Street Tree Coverage • Parking Lot Landscaping • Use Stormwater Management • Location of Landscaping Facilities 2 • • I Gap Analysis Summary of Findings (cont.) • Amendments to local ordinances would be required I, for the following proposed methods: ii,'j�" Lot Density/ Landscaping Reduce Paved I Dimensions Buildable Area Requirement Area it. ■Adjust lot area • Reduce • Vegetated •Reduction to + (width,depth minimum facilities road widths °' ;, &frontage) density count as for habitat � 16it ` •Ad ust • Allow onsite required areas&stream !;�� f landscaping x-ings P;�: , maximum density building height transfer • Increased •Reduced •Adjust • Modify net soil sidewalk width minimum buildable area amendment ,Allow pervious setback paving Since July 31st Presentation r #, A ,l if:�''`; Gap Analysis Code ' ,r,, a. July 06 Amendments ;i f..f: Dec 06 3 • • Proposed Amendment Tigard Significant Habitat Areas Y COMMUNITY DEVELOPMENT CODE 1E . t`I; Volume I, Resource Document 11 ,.,:t: Proposed Amendment .nyyfr ;;4 ; • Adopt the Significant Habitat Areas Map 1 1 1 Habitat Area Covera•e V'cztt ltc'd1 Cyt�1tt11 } d;y • Strictly Limit F Acres:588 Is -.;;1/4ett BL:15 acres(3%) f yyyy ` ED Moderately �d 1 V Urnit j -- - Acres:370 ( t, ri+ r BL:55 acres(t5%) U t�iii uid<a.ia 01 -..,,, Lightly Limit ■ 1 �°' a ]�itl)al ;a Ill J3 MC r- Acres:422 E]n - BL:166 acres(39%) czti• ,it..itt.,�i& C� r al 1- . Buildable Land - 2005(overlap) Acres:236 - -•_ (39%of total) Total Acres City limits:7496 Habitat:1380(+a%) Buildable:601 ro%) 4 • • Proposed Amendment Low Impact Methods and Techniques �; COMMUNITY DEVELOPMENT CODE ' .11'. Section 18.360.090 — Site Development Review V r, f • Relationship to the natural & physical environment }. t� l't' Proposed Amendment • Innovative methods and techniques to reduce impacts to site hydrology and fish and wildlife habitat shall be considered. Low Impact Methods and Techniques : Section 18.360.090.A.2.c. I" Innovative methods and techniques to reduce impacts to site I , hydrology and fish and wildlife habitat shall be considered ? ,, J based on surface water drainage patterns, identified per Section ' ,,, 18.810.100.A.3, and the City of Tigard "Significant Habitat Areas S ,<;'1. Map". Methods and techniques for consideration may include, ,:> ` but are not limited to, the following: :0;1', ''1 1P' (1)Water quality facilities (for infiltration, retention, detention 44 r ; and/or treatment) ;,ii\:f (2) Pervious pavement (3) Soil amendment (4) Roof runoff controls (5) Fencing to guide animals toward safe passageways (6) Re-directed outdoor lighting to reduce spill-off 5 • • Proposed Amendment Pervious Paving Materials ., COMMUNITY DEVELOPMENT CODE Section 18.705.030.F.4—Required Walkways ' f , 18.765.040.B—Access Drives 18. 765.040.H—Parking Spaces 18. 765.050.D—Bicycle Parking � �; ,..; Proposed Amendment • Add pervious paving to list of allowed hard surface materials for walkways, parking areas and access drives. Proposed Amendment On-Site Density Transfer COMMUNITY DEVELOPMENT CODE '. Section 18. 715.020.A—Net development area `.*p Section 18.715.030 —Residential Density Transfer Proposed Amendment 41, • Allow transfer of density from significant habitat tY 9 ►s1'l areas to development area. 6 • • Density Transfer Example: SITE DETAILS: t ' � Zone s, F_ ,4„„),,,,4,,, 1 J t Lot Size + � `{. •■ 2.85 Acres '" . ft: t , Min. Lot Size - _.0 ;1 ;;ll i 27 }�`.,,;> • 3,050 sq.ft. s,,f apt 1 `, , LL IML S 4-4 'k s Max Units ,,,t.'f, ��;, ■ 40 Units , <�r. i ' a,� Max. Height -,,y ■ 35 feet , r fi a � .,-...r7 d{x 'r °',i,�z �f y 3' +�'� ,�yk#;�` 77:17,a y e „ �: , 7 i•©C_ © - U " d fly-- � +'''__ 2 a h t.. ���F iliiirffr .� �• k .jam -.imirammii,. awr. 7, i , , : ,, . Ire mac' ( - 7 • • Proposed Amendment Permit Healthy Streams Projects COMMUNITY DEVELOPMENT CODE 2,s It Section 18.775.020.C. • I • I. • I Exemptions, Sensitive Lands sfjr" r Proposed Amendment ,,, .r� (rt`k'. • Exempt projects performed in coordination with the City to implement the Clean Water Services Healthy Streams Plan from Sensitive Lands Provisions. Proposed Amendment Lot Dimension Adjustments Sensitive Lands — 18.775.100 (Adjustments) • Up to 50% adjustment to any dimensional standard Il r ...within or adjacent to the vegetated corridor area. • Lot area (width & depth) s R' < • Building Height d.? Setback •� •, • . , Sabath" e.' tyt,i Proposed Amendment �° <'< • Extend area eligible for adjustment •;� \ ,: k, to include significant habitat areas. •, DIMENSIONAL STANDARDS Source:Planning&Urban Design Standards APAANiley d Sons(2006) 8 • • Proposed Amendment Minimum Density Requirement COMMUNITY DEVELOPMENT CODE , r i'c ','. Section 18.510.040 (Density Calculation) `;` ■ Minimum number of units = 80% of maximum. •. s , Proposed Amendment {�;; Section 18.775.100.C. k11ylr.. ;;,; .¢_;, • Allow reduction of minimum density requirements in significant habitat areas. Proposed Amendment Minimum Density Requirement (cont.) METRO CODE CHAPTER 3.07 ;".j' Title 13, Nature in Neighborhoods - Section 3.H.1. �i i' may approve a subdivision or development application that ;, will result in a density below the minimum density if... ...has been identified as regionally significant fish and wildlife habitat on the Metro Inventory Map... i riL�a 9 • • Proposed Amendment Habitat Delineation Methodology r-(fir ., COMMUNITY DEVELOPMENT CODE 14 Section 18.775.140 'i Proposed Amendment • Delineation Methodology based on Metro's Model Ordinance cws..3kr• Proposed Amendment Adjustment to Street Standards Adjustments to standards may be approved to avoid adverse impact on natural features. 18.810.030.A.7 — Street Improvements 18.810.040.B — Block Sizes 18.810.070.0 — Planter strip i7F st 1..11i:/. 4., l Proposed Amendment • Add habitat areas +z a n• o it a It Stlm.d Poralel bard Medan l tun 1n* Perdel S enveF Pahl.* law Una lone PaNq 10 • • Next Steps tify • Public Hearing - Oct 16 1aPlanning Commission will make a recommendation to the City Council 1 i{.t ..dx • City Council Presentation - Nov 21 ,,;,,S • Council Public Hearing - Dec 12 ,, i i1• 1. 5halak . II.A1 nfll 0 J r p',, . t`,', 111111 Denver Igarta, Associate Planner Email: denver@tigard-or.us 11 • 11-- TO: DENVER IGAT.41 SEPTEMBER 25, 2006 FM: JOHN FREWING SUBJ: HABITAT-FRIE P ' Y DEVELOPMENT PROVISIONS—COMMENTS Comment. Volume II (Policies) of the Tigard Comp Plan should be amended to implement habitat- friendly development provisions. A. Policies 3.4.1 and 3.4.2 should be modified to explicitly state that after(date of adoption),the City shall encourage habitat friendly development practices by requiring consideration of innovative use of materials, methods and techniques and flexibility in building placement in ways previously not generally included in development applications and approval. B. The City should map `areas having educational research value, such as geologically and scientifically significant lands' as called for in Policy 3.4.1. C. The City should map `areas having endangered plant or animal species' as called for in Policy 3.4.1. D. The City should add a definition of`maximum extent possible' as cited in Policy 3.4. 2 regarding management of riparian habitat. E. The city should define `important' and `cluster type development' as used in Policy 3.4.2 regarding protection of wildlife habitat. F. The City should provide an updated `Fish and Wildlife Habitat Map' as referenced in Policy 3.4.2 and detail its relationship to the new proposed `Tigard Significant Habitat Areas Map' attached to the proposed habitat-friendly development provisions. G. The City should provide and updated `designation' of timbered areas as referenced in Policy 3.4.2 b. H. The City should update Policy 3.4.2 d regarding Goal 5 requirements and detail how the proposed habitat-friendly development provisions relate to the entirety of Goal 5 requirements(ie what part of Goal 5 requirements are implemented by the proposed changes and what other parts of Goal 5 requirements are met by other policies or code provisions) . Comment. A. The proposed change to TCDC 18.360.090 only addresses stormwater runoff, it does not address many other factors which are included in habitat-friendly development such as location of buildings to provide connectivity between areas used by wildlife (ie between stream corridors and upland openspaces) , avoidance of soil compaction,tree canopy protection as distinct from saving of individual trees, innovative foundation designs such as `bridge' foundations to avoid disruption of nearby tree root systems,planting of nuisance plants, unauthorized land clearing or grading,monitoring/reporting during development, etc. B. The proposed changes to TCDC 18.360.090 call for`consideration' of innovative methods and techniques regarding stormwater runoff. This word (consider) is used elsewhere in the Tigard code regarding evaluation of habitat- friendly design features. A definition of`consider' should be added to the Tigard code. I propose a three tier definition of the word `consider'or its equivalent, ie `address', `evaluate' or `review': Tier 1 would apply to streamside habitat and would be most comprehensive—it would apply to even small intermittent drainage ways, would call for detailed inventory of resources, would call for presentation of at least one conceptual and feasible alternative, would require tabulation of the advantages and disadvantages of each alternative, would include scoping level cost estimates for each alternative, and would require documentation of the professional literature reviewed in developing alternatives. Tier 2 would apply to upland forest habitat and would be an intermediate level of`consideration' —it would call for presentation of at least one conceptual and feasible alternative,tabulation of advantages and disadvantages of each alternative and reference to Portland area development sites where each alternative has been used. Tier 3 would apply to human- disturbed sites and redevelopment sites—it would call for detailed identification of restoration opportunities and scoping level cost estimates for each such opportunity. Comment. The Proposed Tigard Significant Habitat Areas Map has an important note on it, to the effect that its information is for `general location only'. A. The TCDC should have added to it a • • definition of Significant Habitat Area(Chapter 18.120)and should include a procedure (Chapter 18.775) for any party to add or subtract significant habitat areas to the proposed map within the context of a specific development application; as proposed, only the applicant can make such change. B. The map and associated implementation procedures should include provision for identification and protection of individual `habitat of concern' areas outside the generalized definitions and colorings of the map. Comment. The proposed TCDC amendments to allow alternative pervious surfaces for parking include the requirement that such surfaces be maintained in a well-drained condition. This is a good requirement,but it is almost unique in the TCDC to place an ongoing responsibility of the land owner in the TCDC. The other place where this occurs is at 18.725,where there is an ongoing obligation on the part of property owner and operator to comply with environmental performance standards. This section(18.725) should be amended to include as an ongoing obligation the responsibility to maintain significant habitat areas (riparian,wetland,upland forest)in a condition facilitating habitat for native flora and fauna. This would ensure that once an area was restored or protected as habitat area, it would remain so. To make such requirement meaningful,the TCDC should clearly establish that if a property owner does not fulfill such responsibility(ie remove ivy or blackberries if they grow over time), the City has the right and responsibility to officially inform the property owner of the defect, and if not corrected in 90 days,to undertake such maintenance itself, and place a lien on the property for cost recovery.. Comment. The proposed changes to TCDC Chapter 18.775 proceed to allow dimensional adjustments and to allow less than minimum required density on a site if a significant habitat area is inventoried and placed in a protected status,but does not distinguish between Class I and Class II Riparian Areas which are defined in Table 18.775.2. The meaning of these Class I and Class II areas should be explained and they should be applied to development standards in Chapter 18.775. For example, I believe that the Class I areas(most sensitive) should be subject to a discretionary review process which includes additional information submittal (alternatives, ecological functions impacted), a construction management plan to minimize impact on existing vegetation and a mitigation plan to compensate for unavoidable impacts that result from the chosen development alternative. Comment. By reference, I incorporate here the 2004 report"Stormwater/Pavement Impacts Reduction(SPIR) Project Report"by the Audubon Society of Portland, including its specific comp plan and code change recommendations of pages 42-46 inclusive. These changes define and add reference to practices which can reduce the impact of stormwater and pavement on the flora and fauna habitat in Tigard. For example, it would update the standards applicable to the Tigard Triangle(TCDC 18.620)to encourage impervious surfaces and meet minimum standards of existing Metro guidance where applicable. For example, it would add to the definition of`development' (TCDC 18.120)any"construction,reconstruction or modification of a single family residence" platted prior to September 9, 1995 so as to incorporate habitat friendly provisions in such activities. Comment. The proposed changes to TCDC 18.715 regarding residential density transfer for avoidance and protection of significant habitat areas appears to be so large that it will generically impact adjacent neighborhoods. The limits of residential density transfer should be modified to allow only up to 50 percent of the maximum number of units per gross acre permitted on the remaining buildable portion of the site for the applicable comp plan designation and should be allowable only if 75 percent of the identified significant habitat area is protected. • • Comment. Tigard standards for stormwater retention in new development applications should be clarified to require the use of bioswales,rain gardens,ponding, etc. in protected tracts unless special conditions exist which absolutely require the use of storm drainage vaults. The use of the surface drainage features simulates natural conditions more than the concrete vault designs and add natural features/habitat to any site. Comment. There is a history in Tigard (and many other places)of protecting a resource at the time of development but then ignoring its existence over the succeeding years. The TCDC should be amended(Chapter 18.390.080 E)to require the Director to maintain an inventory and map of designated and protected openspace and significant habitat areas defined through the land development process. Comment. While the proposed change to TCDC 18.360 gives some flexibility in stormwater design,the broader purposes of fish and wildlife protection are not reflected in new wording. Both 18.350 and 18.360 should incorporate or reference clear statements of purpose regarding fish and wildlife protection in Tigard, such as `preserve and improve special habitats of concern,' `preserve large areas of contiguous habitat and avoid fragmentation,' `preserve and improve connectivity for wildlife between riparian corridors and upland habitat', `preserve and restore streamside, wetland and floodplain habitat and connectivity' and `shift design and development of public infrastructure to minimize impact on habitat.' These are the incremental changes of the regionwide review of Goal 5 implementation process. Comment: A significant improvement in protection of fish and wildlife resources of Tigard can be achieved by an increase in enforcement of existing regulations. I believe that the TCDC, at 18.790.060 should be modified to state that the fine for violation of the tree code SHALL be doubled if the violation involves any sensitive land area, including significant habitat areas (eg the $500 fine should be stated as a requirement, not as `up to' and the fine for value of any damaged or removed tree shall include the above double value for sensitive lands.) The code should specify that such fines shall be directed exclusively at an active onsite enforcement program. To implement the regional concern over groups of trees as distinguished from individual trees,the code should implement some canopy cover standards for a defined class of significant habitat areas. Comment: Protection of identified significant habitat areas is not addressed in the proposed code changes. The Tigard code should include a requirement that such areas should be fenced BEFORE any site development work is undertaken whenever the development plan shows these significant habitat areas to be protected. Draft Economy Report • P O V E R V I E W Economic activity is the lifeblood of any community, providing jobs, creating wealth and generating tax revenue. Tigard's economy is intertwined with the economy of the region, the nation, and the world.Tigard has benefited from its location in the Portland metropolitan region, known for its high quality of life and educated workforce. Its location at the crossroads of several transportation routes is a major advantage.As a result, Tigard has attracted a diverse portfolio of economic activity,with a wide range of retail, service, and industrial jobs. Tigard is sometimes perceived as a bedroom community for nearby cities. This is not accurate. There are 3,124 registered businesses in Tigard, which provide 30,616 Full Time Equivalent jobs (2005 Tigard Business Tax data). This number is greater than the number of Tigard residents over the age of 16 in the workforce: 21,893 (2000 Census.) Considering that 70% of Tigard residents work outside the City,this means that thousands of workers from throughout the region are regularly commuting to Tigard jobs. Overall, in 2005,Tigard's ratio of jobs to population was a healthy 0.69, compared to 0.39 for Washington County as a whole. The Department of Land Conservation and Development (DLCD) and Metro have developed policies that address economic opportunity. The statement of Statewide Planning Goal 9 is: To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and pro.oerity of Oregon's citizens. A major emphasis of the Goal 9 policies is to preserve and protect land for industrial and employment uses. Metro has sought to implement this on a regional basis. A recent update to Title 4 of the Metro Urban Growth Management Functional Plan requires that localities adopt rules to limit retail development in identified Industrial and Employment areas. Regionally, Tigard participates in Portland Regional Partners for Business, a group of public and private sector economic development professionals in the region who work collaboratively to retain and recruit businesses, and promote the Portland metropolitan region. Tigard is also a member of the Westside Economic Alliance,which focuses on economic issues on Washington County and western Clackamas County. Locally, there are steps that can be taken to assure a continuing strong economy. Unlike some other localities,Tigard does not currently have a formal economic development program, nor does it offer tax breaks or other incentives to entice businesses to locate here. However, other actions can be taken by the City to continue attracting and retaining major employers, such as maintaining a smoothly running transportation system and other essential infrastructure, ensuring an adequate supply of appropriately zoned land, reducing obstacles to redeveloping land,and providing effective city services. Urban Renewal in Downtown Tigard,which was approved by city voters in 2006, also has the potential to attract additional employment and economic activity. Comprehensive Plan Page 1 of 9 Draft Economy Report • I N V E N T O R Y The applicable rules, statutes and plans that impact the City's economy include: Land Use A total of 2356 acres (31.4% of the land area of Tigard) is zoned 1. Oregon Goals 2 and 9 for commercial and industrial uses. 700 acres are zoned for 2. Oregon Administrative Rule 660, Mixed Use,which allows various combinations of commercial, Division 9 industrial, and residential uses. 3. Metro Urban Growth Management Plan Titles 1 and 4 The main Commercial/Mixed Use areas are in Washington 4. Tigard Community Square, the Tigard Triangle and Downtown Tigard. The 99W Development Code corridor has a large amount of Commercial development. 5. Tigard City Center Urban Industrial zone properties are generally located along the freight Renewal Plan rail line, in between Fanno Creek and I-5. 6. Tigard Downtown Improvement Plan 7. Washington Square Regional Table 1: Land Area by Zoning Designation Center Plan Square Acres Miles Percent Residential 5140 8.03 68.6% Commercial 1497 2.34 19.9% COM only 797 1.25 10.6% Mixed-Use 700 1.09 9.3% Industrial 859 1.34 11.5% City of Tigard 7496 11.71 100.0% Source:Community Development Department,June 2006 Assessed Property Values 949 properties are zoned for either Table 2: City of Tigard Assessed Value*,August, 2006 Commercial or Industrial uses in Commercial Industrial Residential Tigard. The combined assessed value Property Property Property** for all Commercial and Industrial Number 846 103 13,520 zoned properties is approximately $1.1 Land Value($) 542,359,300 67,764,130 1,624,848,768 billion. This accounts for 31% of the Building Value($) 1,229,491,270 106,753,350 1,962,943,927 aggregate assessed values for all Total Value($) 1,771,850,570 174,517,480 3,587,792,695 Average Value($) 2,094,386 1,694,344 265,369 property in Tigard. The average value Assessed Value($) 1,027,890,610 115,111,790 2,539,288,470 for a commercial property is $2,094,386 Source:Washington County Assessor and the average value of an industrial *Does not include Non-assessable property(Property Class 900 to 999) property is $1,694,344. **Includes Single Family and Multi Family Comprehensive Plan Page 2 of 9 Draft Economy Report • Table 3: Top 5 Property Taxpayers, 2005 Percentage of Total Assessed Assessed Taxpayer Business Valuation Valuation Pacific Reality Associates Oregon Business Park $149,069,426 3.81% PPR Washington Sq.LLC Washington Sq. Shop' $81,987,770 2.10% EOP-Lincoln, LLC Lincoln Center $71,459,982 1.80% Verizon-Northwest Utility-Communication: $50,038,200 1.28% Calwest Industrial Holdings Property Management $31,848,060 0.81% Source:City of Tigard Finance Dept Commercial and Industrial properties are significant sources of tax revenue. The Oregon Business Park alone accounts for 3.8% of the total assessed valuation of Tigard properties. Businesses According to 2005 Tigard Business Tax information there were 3,124 businesses operating in the city limits, providing 30,616 jobs. Typically, each year, an equal number of businesses (between 300 and 500) pay the tax for the first time, as stop paying(due to going out of business, or leaving the city.) 2005, considered a "typical year," 462 new businesses paid the business tax, of which 372 renewed the following year. Table 4:Top 10 Business Sectors in Tigard By Number of Businesses By Number of Employees About half of Tigard Number of Number o. Business Name Businesses Business Name Employee: businesses employ 4 1 Contractor 305 1 Finance/Banking/Real Estate 2901 people or fewer. 420 2 Service Industry 269 2 Contractor 2589 businesses are home- 3 Retail 205 3 Manufacturer 2504 based,which employ 4 Finance/Banking/Real Estate 194 4 Retail 2237 5 Medical/Dental 124 5 Restaurant 1996 640 people. 6 Hair/Beauty/Nail Salon 120 6 Department Store 1873 7 Consulting Services 114 7 Service Industry 1708 As can be seen in 8 Restaurant 111 8 Wholesaler 1517 Table 4, a diverse 9 Janitorial/Carpet/Windows 100 9 Medical/Dental 1167 10 Manufacturer 99 10 Computer-Sales&Related 975 range of businesses Source:City of Tigard Finance Department have chosen to locate —in Tigard . Contractors represent the largest number of businesses (about 3/4 of which have 10 or fewer employees. Finance/ Banking/Real Estate firms employ the largest number of employees in Tigard. From a breakdown of the business tax data, roughly 75% of jobs can be classified as Commercial (retail, restaurant services, medical, real estate, banking, and insurance, etc.) and 25% can be classified as Industrial (Wholesale Trade, Contracting, Manufacturing, Construction and Transportation, etc.) Comprehensive Plan Page 3 of 9 Draft Economy Report • Sales The U.S. Economic Census,which takes place every five years, provides data on industry sales within the City of Tigard. Table 5 shows the industries operating in Tigard (the industry description does not align perfectly with the City's business license sector data) and compares 1997 and 2002 Economic Census data. The Wholesale Trade sector (which includes warehouse and distribution firms) generates the highest value of Shipments, Sales & Receipts, roughly twice the amount generated by the next highest, Retail Trade. Table 5: Sales Over Time, by Industry in Tigard Number of Businesses Shipments, Sales&Receipts($1000) Industry Description _ 1997 2002 1997 2002 Wholesale Trade 246 235 3,212,540 2,915,377 Retail Trade 335 313 1,429,402 1,498,597 Manufacturing 110 107 566,387 539,058 Real Estate, Rental& Leasing 110 127 117,485 250,688 Health Care& Social Assistance 139 154 112,591 235,198 Administrative, Support&Management 117 127 196,685 175,763 Other Services(except public admin) 91 126 48,513 99,519 Accommodation &Food Services 130 151 88,391 93,162 Educational Services 16 18 14,234 14,922 Arts, Entertainment&Recreation 12 17 5,885 9,092 Professional, Scientific&Technical Services 247 298 233,983 not released Information n/a 71 not released not released Source:2002 U.S.Economic Census Note on U.S. Economic Census Data: The comparisons between 1997 and 2002 are somewhat problematic due to the change in some industry classifications, including Wholesale Trade, Retail Trade, and Manufacturing between the two surveys. Some of the changes in Tigard's figures could be due to this change. In addition,the dollar figures have not been adjusted for inflation. Employment and Payroll Table 6: Payroll Over Time, by Industry in Tigard Number of Employees Annual Payroll ($1000) The U.S. Industry Description 1997 2002 1997 2002 • Economic Retail Trade 7,330 6,881 139,695 162,326 Census also Wholesale Trade 3,515 2,771 157,375 133,661 collects Manufacturing 3,706 2,699 125,496 121,129 information on Information n/a 1,743 n/a 104,866 employees and Administrative, Support&Management 5,527 3,588 91,458 89,744 payroll for Health Care& Social Assistance 1,413 1,701 40,194 61,345 industries in Real Estate, Rental & Leasing 667 931 19,828 31,531 Other Services (except public admin) 607 1,006 15,791 29,350 Tigard. Table 6 Accommodation & Food Services 2,541 2,306 25,482 28,280 shows the Educational Services 270 189 8,493 6,783 comparison Arts, Entertainment& Recreation 129 193 1,675 2,753 between 1997 Professional, Scientific &Technical Services 2,528 n/a 108,307 not released and 2002. (The Source:2002 U.S. Economic Census business sector Comprehensive Plan Page 4 of 9 Draft Economy •port • information from the City and industry description information are not identical because of different methodologies in collecting data.) A rough sense of wages earned by the different sectors can be seen by dividing the annual payroll figures into the number of employees. The Information sector has high payroll expenses, relative to the number of employees,which means this sector has higher paying jobs. The Wholesale Trade and Manufacturing sectors also have a high payroll to employee ratio. The Accommodation and Food Service sector has low average wages, about one-fifth of the amount that Information workers make. Higher paying industries can be good for a local economy, even if the employees do not all live in the city, because they can attract further investment and their employees are a market for local goods and services. Table 7: Top 20 Employers in Tigard, 2005(paying Business Tax) Number of Business Name Employees Business Sector 1 Renaissance Credit Services 1116 Finance/Banking/Real Estate 2 Meier& Frank 704 Department Store 3 Nordstrom 461 Department Store 4 Oregon PERS 347 Government Agency 5 Costco Wholesale 341 Wholesaler 6 Providence Health System 303 Medical/Dental 7 Ikon Office Solutions 277 Sales/Manufacturer's Rep 8 FLIR Systems Inc. 250 Manufacturer 9 The Cheesecake Factory 250 Restaurant 10 Home Depot 241 Retail 11 North Pacific Group Inc. 238 Wholesaler 12 US BancCorp Equipment Finance 234 Finance/Banking/Real Estate 13 Gerber Legendary Blades 232 Manufacturer 14 Landmark Ford 224 Auto Sales/Service/Lease 15 The Coe Manufacturing Co. 221 Manufacturer 16 Rockwell Collins Aerospace 216 Manufacturer 17 Sears, Roebuck&Co. 206 Department Store 18 University of Phoenix 196 Service Industry 19 Williams Controls Inc. 189 Manufacturer 20 Fred Meyer 186 Department Store Source:City of Tigard Finance Department INDUSTRIAL AND EMPLOYMENT AREAS The Department of Land Conservation and Development, through Goal 9, prioritizes the protection of land for industrial and employment uses. The State has declared an interest in preserving developable industrial land that generate large capital investments,well-paying jobs, and "traded-sector activity" (the production of goods.) Industrial uses have specific requirements, usually requiring large parcels of land and isolation from other uses, (due to their offsite impacts- such as noise, traffic, and pollution.) This is particularly true for heavy industrial uses, like energy production facilities. However, many light industrial uses generate few if any nuisances. Another justification for protecting industrial and employment land is that retail uses are believed to compete for the same land. Both uses prefer locations convenient to major highways. Without intervention, it is assumed that market forces would force out many industrial uses and replace them with retail. Comprehensive Plan Page 5 of 9 Draft Economy R• ort • Metro Title 4 Metro has implemented the state's Goal 9 policy on a regional basis through Title 4 of the Urban Growth Management Functional Plan. Title 4 seeks to protect a supply of regional sites for employment in the region by limiting the types and scale of non-industrial uses in designated areas. Title 4 also seeks to encourage "clustering" of industries that work more productively in proximity to each other, and to protect the capacity and efficiency of the region's transportation system. Title 4 designates three categories of land that require protection: • Regionally Significant Industrial Areas (RSIAs) are areas near the region's most significant freight transportation facilities that would be difficult to replace in the planning area; • Industrial Areas are areas currently zoned industrial that :are convenient to freight transportation routes, and • Employment Areas include a wide range of retail,wholesale, service, non-profit, business headquarters and governmental employment activities that are accommodated in retail, office and flexible building types. These areas are indicated on Metro's Map of Industrial and Other Employment Areas. Tigard has not been assigned any Regionally Significant Industrial Areas (which have the strictest limits). Tigard's designated Industrial and Employment Areas encompass over 500 tax lots with a total area of approximately 1100 acres. (See Map A.) Tigard will have to update its Community Development Code by 2007 to conform to the Title 4 restrictions on retail uses in the designated Industrial Areas. Conversion of Industrial Land to Commercial Use in Tigard There has been some loss of industrial land to commercial uses in the past 20 years in Tigard. The largest conversion was when the City of Tigard adopted the Washington Square Regional Plan. Twenty-five acres were re-zoned from Industrial Park to MUC (Mixed Use Commercial) zoning,which does not permit any Industrial uses, and 47 acres were changed from IP to MUE-2 (Mixed Use Employment 2) which restricts Industrial uses to a few categories. Between 1990 and 1994 the City approved four applications to re-zone land from Industrial to Commercial zoning. Since 1991, there have also been at least 5 applications for zone changes from Light Industrial to Industrial Park. The IP zone is a"soft" industrial zone in that it allows office uses and only certain industrial uses. While there have not been large numbers of applications to re-zone properties to IP, it is possible that the tight office market in Kruse Way (vacancy rates of 4%, compared to a regionwide average of 11.7%) could cause a spillover effect, creating a demand for office development in Tigard's Light Industrial zones near I-5. According to a June 2005 Westside Economic Alliance presentation, the I-5 Office Market in general is strong due to the proximity to top managers' homes, excellent transportation access, and the absence of Multnomah County business taxes. FUTURE NEEDS - 2027 Metro has assigned Tigard a capacity of 17, 801 new jobs by the year 2017. Tigard will need to make accommodations for these future jobs in planning for its future infrastructure and land supply. Comprehensive Plan Page 6 of 9 : • **1 1 1 rCial 96 CON1 uofy 57.07 4 5 1!:: 2025 T. . Draft Economy Report • KEY FINDINGS • Tigard is home to a wide range of economic activity. • Approximately 31% of Tigard's land area is zoned for commercial, industrial, and mixed use purposes. • The major commercial and mixed-use areas of the City are Washington Square, Tigard Triangle, Downtown Tigard, and the 99W corridor. Industrial zone properties are generally located along the freight rail line, in between Fanno Creek and I-5. • Industrial and Commercial properties provide a significant source of property tax revenue. • In 2005, 3,124 Tigard businesses provide 30,616 jobs; about half of these businesses employ 4 people or fewer. Tigard's ratio of jobs to population was 0.69. • There are more jobs in Tigard than people living within the city boundaries. 70% of residents commute outside the city;therefore Tigard is a net attractor of commuters. • In Tigard, the Wholesale Trade sector has the largest amount of sales. The Retail sector provides the largest annual payroll. • Metro has designated approximately 1100 acres of Industrial and Commercially zoned properties in Tigard as Title 4 Industrial and Employment Areas. Tigard will have to amend its code to limit the development retail and service uses for some I-P zone properties. • There has been no large-scale encroachment of retail/office uses on to industrial areas in Tigard. The largest conversion of industrially zoned land occurred with the City's adoption of the Washington Square Plan. • According to the 2005 Buildable Land Inventory, only 45 acres of buildable Industrial land remain. • It is highly unlikely that Tigard will be able to annex new land suitable for industrial or commercial uses in the future. • Metro has assigned Tigard a capacity of 17, 801 new jobs by the year 2017. • According to the Report's Economic Opportunity Analysis, Tigard's supply of industrially zoned land (and to a lesser degree commercial land) will be inadequate to meet the forecasted job demand by 2025. A preliminary analysis indicates a deficit of 180 acres of industrial land and 10 acres of commercial land. Redevelopment of underutilized property may be necessary. • Tigard does not have a formal city-wide economic development strategy. Comprehensive Plan Page 8 of 9 0 * Y ' ... .. , •••1 .•'U..' '‘,4 ,... .... .• .... ,' )' ' '.}. " ..::...'' • 'fr......41 '':".7.4":.:44..7,'.... i i 1 ...... t • „„, „ 'e ^ . •/--'...1,:rti....'/er ' „.' t..."1".-1 '„C.,/ 4-'''',It gl--,..:-• ,,- L /.., "4.-77***44„...., • „.... , 4 •..4 ..'...„, ...:-.:: ...44.-P 4 2;,....r,............!..:- s '.•.., /..K..,...' . ...----.1 1.--;i1-1,1.1:::', 11'...•• / \./1' .11.>. 1'• 1 • . •,..-7 ,./ •• , •,,, ' • '-4.7'11:' ''''''''41';'...111..1 ....f.."*"::::i1.• ' . , , .t , , ' ",— '1.‘„„ ti. : 1‘,•• k = , ... '..... : ris...,14.........,y : -,....... ... ... , . .......... • • 5 b 1 . Draft Housing Report O V E R V I E W When it comes to housing, one size does not fit all. Each person seeking a new place to call home must find a suitable match between price, location, housing type and lifestyle,which can be a daunting task. In Oregon, the state planning goals aim to broaden the available selection: Each jurisdiction, including Tigard, must provide the opportunity for different "sizes" of housing to fit residents' varied needs, considering available land, price ranges, rent levels and housing type. Providing this opportunity rests upon available residential land. In the Portland metropolitan region, only land included in the Statewide Planning Goal 10 Metro Urban Growth Boundary (UGB), an invisible line that "To provide for the housing separates rural areas from suburban, can be developed at needs of citizens of the state." residential densities requiring urban services. Buildable lands for residential use shall be inventoried and plans shall encourage the At the local level, each state and regional jurisdiction must availabiliy of adequate numbers of needed housing units at price ranges and rent levels inventory its buildable land,which is defined as vacant and which are commensurate with the financial redevelopable land suitable for residential use, to determine capabilities of Oregon households and allow housing capacity. Tigard maintains a buildable lands inventory for flexibi liy of housing location,ype and (BLI) that tracks available residential land. Two policies —state density. and Metro — help determine housing capacities on buildable land: the state Metropolitan Housing Rule and Metro's Urban Growth Management Functional Plan.Both focus on increasing housing capacity in order to use land within the UGB efficiently. • Metropolitan Housing Rule The Metropolitan Housing Rule (OAR 660-007/Division 7) established regional residential density and mix standards for communities within the Metro UGB. It set minimum residential density standards for new construction by jurisdiction. Tigard must provide for an overall density of 10 or more dwelling units per net buildable acre, as well as designate sufficient buildable land to provide the opportunity for at least 50 percent of new residential units to be attached single-family housing or multiple-family housing. • Urban Growth Management Functional Plan Metro implements Goal 10 through Title 1. To meet Title 1, each jurisdiction was required to determine its housing capacity and adopt a minimum density requirement. Tigard adopted the 80% of minimum density requirement for development in 1998,which means that a development must build 80% of the maximum units allowed through zoning. The City has a housing capacity number of 6,308 additional dwelling units. This number shows Tigard's zoned capacity for additional dwelling units. It is an estimate based on the minimum number of dwelling units allowed in each residential zoning district, based in minimum density requirements. The City of Tigard maintains an up-to-date buildable lands inventory,a permit tracking system for development,as well as complying with Metro's Functional Plan. The City is responsible for monitoring residential development. All of these tools aid the City in monitoring its progress toward the above goals, and determining if the opportunity remains for current and future residents to have diverse housing choices, even as Tigard's borders become land-locked. Community: Housing • • Affordable Housing Metro also addresses affordable housing in Title 7. Title 7 includes voluntary affordable housing production goals and other affordable housing strategies. Tigard has adopted by ordinance affordable housing strategies, submitted a progress report to Metro that complies with Tide 7, and completed the mandatory three-year reporting requirement. Community: Housing • • 1 . Housing I N V E N T O R Y H o u s i n g S u p p l y Almost three-quarters of Tigard is zoned residential (68.6%). There are 19,468 single-family and multi- family housing units in Tigard,with an additional 55 mobile homes and 14 manufactured homes (Census 2000). Eighty-one percent were built after 1970,with approximately 4,500 units built in each decade since. The current decade is consistent with this building level,with 2,160 units built thus far. The majority of residential land is zoned R4.5 and R-7,which are low- and medium-density designations. This is consistent with the City's overall residential density for new construction: since 1994, the overall density of residential construction has been 6.8 units/acre. Most new housing built since 1994 has been single-family attached or detached (82%),with 18% built as multi-family units. Since 1994, the average single-family house has been 2,384 square feet,with the last three years exceeding 2,500 square feet for the first time since 1996. Data from 2001-2005 show that the average lot size has been 6,058,with lot sizes varying by year. Table XX Total Housing Units in Tigard-Jtly 1,2006 Table 2-4.New Residential Construction Since 1994 Housing Urits Built Single Family Multi Family Total Single Dwelling Density Dwelling Density Dwelling Density Year Family Mlti Family Demolitions Total Year Units (DU/Acre) Units (DU/Acre) Units (DU/Acre) 2000(April 1),„, 17369 zoos 301 8.1 108 26.6 409 10.0 2000(after April 1) 153 104 24 233 2004 3 267 s.9 0 0.0 s.9 200 336 294 7.1 42 15.3 336 7.6 2001 288 0 15 273 2002 187 7.1 29 34.5 216 8.0 2002 187 29 25 191 2001 288 8.6 0 0.0 288 8.6 2003 294 42 40 296 2000 202 6.1 112 17.6 314 8.0 2004 267 0 26 241 1999 244 6.3 0 0.0 244 6.3 2005 301 108 29 380 1998 200 4.7 8 100.0 208 4.8 2006 100 19 14 105 1997 298 5.1 4 100.0 302 5.2 1590 302 173 1719 1996 316 4.6 126 25.0 442 6.1 1995 335 5.0 0 0.0 335 5.0 Walnut Island Annex(2000) 380 1994 320 5.0 298 15.4 _ 618 7.4 Total 19,468 Total 3252 5.9 727 18.9 3979 6.8 "From 20001.x3 Census Source:Community Development Department - Table XX. Tigard New Single Family Development, 2000-2006 Year _ Bldg. Size Lot Size 2005 2502 5379 2004 2563 6337 2003 2520 6166 2002 2371 6134 2001 2214 5071 2000 2319 7261 Average 2415 6058 Community: Housing • • Housing Affordability The majority of Tigard residents own their homes (58%),with 41% paying rent (2000 Census). Over the last five years,Portland region housing prices have rapidly escalated. In June 2006, the Oregon Employment Department reported that house sale prices in the Portland metropolitan area increased almost 20 percent from 2004-2005,with an overall 52% increase over the last five years. To maintain affordability,wages would need to increase as well. However, data from OED shows that wages remained flat or grew slowly during this period, 11 % statewide. For the Portland metropolitan area, residents making the average wage would need to pay almost seven times their annual income to purchase the median value home. The housing becomes more unaffordable as the ratio gets higher. Table XX. Ratio of Wages to Housing Prices, Portland Metropolitan Area Ratio of House Price 2005 Private Sector 2005 Median House to Wages Wage Price Portland area 6.8 41,623 282,900 Oregon Labor Market Information System,June 2006 In Tigard, housing prices increased consistently with the region: the 2005 median house price was $269,900, up 18% from 2004, and 46% from 2000 (2006, Washington County Assessor Property Codes). In 2000, the median Tigard household income was $51,581; however, as that figure is six years old, this section instead uses the 2003 median income for Washington County of$54,001 (2003 Census data). Using these figures, for a median household to purchase a 2005 median-priced home with a 30-year, 6.5% mortgage with $0 down - and assuming no monthly debt- would require an annual income of$102,030, almost twice the current median income. • Table XX: Buying a Home in Tigard 2005 2005 2006* 2006* Median Priced Home $269,900 $269,900 $315,000 $315,000 Mortgage type 30-Year at 6.5% 30-Year at 6.5% 30-Year at 6.5% 30-Year at 6.5% Down Payment $0 $53,980 (20%) $0 $63,000 (20%) Debt $0 $0 $0 $0 Monthly Payment (without $1,705 $1,365 $1,991 $1,593 taxes &insurance) Required Annual Gross $102,030 $87,408 $119,079 $102,013 Income Median Gross Income $54,001 $54,001 $54,001 $54,001 Figures based on http:II www.mortgage-ca/kcom/moriage/bowmuchafford.html*Through July 2006. The standard definition of"affordable" housing is housing that costs a household no more than 30% of its gross income for rent and utilities. A Tigard resident making the $54,001 median income could spend no more than $1350/month on housing costs. Median Sale Price for Residental Improved and Residential Judging by the above table, housing for a Condo Properties in Tigard from 1978-July 2006 Tigard household making the median income $350,000 would not be considered "affordable" as the monthly payments exceed 30% of gross $300,000 income. • '' s250,000 • $330,000 • $150,000 • • . 1 l , $100,000 •-• • • • • • • • • • •550,000 . ,� . � . ,', , I , , �, � . . , . . �. ,p , C�Q, p, ' . �}� . !, elq� 41' ��� `�2rO ♦ e 1 �4' AL T.' �L • • Rental Market When home ownership becomes unaffordable,potential buyers enter the rental market instead. In a Fall 2004 survey of eight market-rate apartment complexes in Tigard, rents averaged $705 a month (Tigard Downtown Improvement Plan—EconomicAnalysis Study, Oct. 2004). Using the same affordability formula, this rent would be affordable for households making$28,200 or more annually, almost half of the median income. Currently,Tigard has approximately 7,115 rental units. For a full listing and map,please see Appendix B. The study also found that the overall occupancy was 93 %, which it found to be less than the optimal 95%. In looking at future needs, the study found that in the short-term, there was weak development potential for new apartment complexes. However, with the recent upswing in housing prices, this market demand could easily increase. 'Affordable"Housing Although the above sections refer to the affordability of housing, the term"affordable housing"is most often used for subsidized housing or housing reserved for individuals making Table 2-7. Affordable Housing in Tigard between 0 and 50 % of the median Washington County Housing Authority/State Housing income. Division Units Single Family& Duplex Housing 32 Table XX summarizes the number of The Colonies 96 affordable housing units in Tigard. Bonita Villa 96 However, the need is greater than the Rent Vouchers 180 supply: According to the Washington State Tax Credits 600 g � Communit Partners for Affordable Housing (CPAH) County Department of Housing Services, Community g there are 495 Tigard households on the Greenburg Oaks 84 housing waiting list, representing 1250 Metzger Park (unincorporated Metzger) 32 people, almost half of whom are under Village at Washington Square 26 18 (July 2006 data). Eighty-seven percent Single Family Houses 1 of these households make 30% or less of Tualatin Valley Housing Partners (TVHP) the annual median income ($16,200 or Hawthorne Villa 119 less). This number reflects a 37% Source:Community Development Department decrease since 2002,when 677 households were on the waiting list. This decrease could be attributed to additional affordable housing projects opening within the City: from mid-2001 to mid-2002, the inventory increased from 286 to 505 units. In Title 7, Metro included a voluntary production goal of 319 affordable housing units in Tigard. The Tigard City Council decided against adopting this goal. As Tigard neither provides nor builds affordable housing, this number must reflect actions by other agencies. However, the City does have a number of policies in effect to encourage production: City of Tigard Affordable Housing Strategies, 2002-2006 Land use strategies adopted • An updated and streamlined development review process. • Reduced parking requirements for affordable housing projects. • Allowance of accessory dwelling units,which benefit the elderly and disabled. Non-land use strategies implemented • Tax abatement for affordable housing. Community: Housing • • Table 2-6. Monthly Housing Costs as a Percentage of Income A budget set-aside to reduce fees and charges imposed on affordable housing development. Owner Renter • Support for sale or donation of tax foreclosed and surplus Occupied Occupied %of Income % % County and City-owned properties to non-profit housing Less than 15% 29.3 16.1 providers. • 15 to 19% 18.5 15.0 Financial support for the operation of the Tigard-based 20 to 24% 17.3 13.2 Good Neighbor Center homeless shelter. • 25 to 29% 11.3 13.3 Identification and pursuit of available grants to finance 30 to 34% 9.5 9.9 needed on- and off-site public improvements, such as sidewalks, 35% or more 13.6 30.6 streets, and storm sewers, serving affordable housing areas or Source:2000 U.S.Census projects. • Development of the Housing Inspection Program to Table 3-9. Household Income Breakdown maintain the City's existing housing stock quality. Income Range Percentage • A Housing Emergency Fund to assist occupants of housing declared to be unsafe or uninhabitable established Less than$15,000 8.8% The Enhanced Safety Program, administered through the $15,000 to$24,999 11.6% Tigard Police Department, to improve the safety of rental $25,000 to$34,999 11.4% properties. $35,000 to$49,999 16.3% • Membership in the County-wide Housing Advocacy $50,000 to$74,999 21.7% Group. $75,000 to$99,999 14.5% $100,000 or more 15.7% Source:2000 U.S.Census Vacant and Substandard Housing In 2000, there were 862 units vacant, or 5 % of the total surveyed for the 2000 Census. The Census defines "vacant" as no one living in the unit during the Census. The City of Tigard does not have areas of vacant or blighted housing units that could provide for a significant rehabilitation project;mostly there are isolated cases that are addressed through code enforcement. Only a few Tigard dwelling units are considered substandard housing; that is, housing without kitchen or plumbing facilities. The chart below provides details. Table XX. Substandard Housing No Kitchen No Plumbing Facilities Facilities Renter Occupied 96 0 Owner Occupied 0 15 Source:Census 2000 Buildable Lands Statewide Planning Goal 10 requires a buildable lands inventory. The City tracks buildable lands through a yearly inventory process;the methodology is included in Appendix X. The inventory excludes land constrained by natural hazards, subject to natural resource protection measures, and publicly owned land.At the end of June 2006, less than 10% of land within the City was considered buildable. The majority of available land was zoned residential (71.8%), with lower totals for commercial (9.1%), industrial (12.2%), and mixed-use (6.9%). Community: Housing • • Table)IX. Buildable Lands Inventory(through June 2006) Commercial Land- Three of the five commercial Zoning Acres districts contain buildable land and 82% of that is C-C Community Commercial 0 zoned General Commercial. No Community and C-G General Commercial 40.1 Neighborhood Commercial land is available. C-N Neighborhood Commercial 0 C-P Professional Commercial 8.12 Industrial Land- No buildable land remains in the CBD Central Business District 0.79 -H Heavy Industrial 0 Heavy Industrial district. In Light Industrial, 75% -L Light Industrial 23.46 (17.64 acres) is located on one property. Likewise, I-P Industrial Park 42.72 81% (34.7 acres) of the buildable Industrial Park MUC Mixed-Use Commercial 2.75 land is owned by one individual. MUE Mixed-Use Employment 22.12 MUE-1 Mixed-Use Employment 1 8.03 Mixed-Use Land- Mixed use districts all contain MUE-2 Mixed-Use Employment 2 0.72 some buildable land, but the majority is zoned MUR-1 Mixed-Use Residential 1 2.9 Mixed Use Employment (60%). MUR-2 Mixed-Use Residential 2 0.65 R-1 30,000 Sq Ft Minimum Lot Size 2.39 Residential Land- A large portion of the 2005 BLI is R-2 20,000 Sq Ft Minimum Lot Size 0.99 0 R-3.5 10,000 Sq Ft Minimum Lot Size 22.85 zoned low density (504/o is R-3.5 or R-4.5) or R-4.5 7,500 Sq Ft Minimum Lot Size 186.66 medium density (26/o is R-7). The remaining low R-7 5,000 Sq Ft Minimum Lot Size 101.1 density residential land (R-1 and R-2) comprises R-12 3,050 Sq Ft Minimum Lot Size 42.5 only 1% of buildable residential land and all is R-25 1,480 Sq Ft Minimum Lot Size 32.46 partially developed. No land zoned R-40 remains R-40 40 Units Per Acre 0 on the inventory. The majority of available lots are 1 Total 541.31 acre or less in size. Source: Community Development Department The table below breaks the 2005 BLI down into the planning designations and distributes the buildable lots based on size. Eighty percent of the buildable lots are less than one acre in size and 40% are less than 10,000 square feet. Large lots available for development are scarce with only 49 (7%) lots greater than 2 acres. Table XX. Lot Sizes of Buildable Lands Inventory,June 2006 . Tigard City Limits _ a) o o V) -...7, C a) .= ? a) .� N E X 75 Lot Size 0 -c rY f°— o Less than 5000 sq ft 5 3 6 43 57 5001 to 10,000 sq ft 9 3 14 195 221 10,001 sq ft to 1 acre 21 9 38 220 288 1 to 2 acres 4 2 7 75 88 2 to 5 acres 5 2 2 28 37 5 to 10 acres 2 0 0 5 7 More than 10 acres 0 3 0 2 5 Total 46 22 67 568 703 Community: Housing • FUTURE HOUSING AACITY Based on the June 2006 Buildable Lands data, if the City developed its remaining residential lands, an additional 2,902 to 3,482 units could be built. This range includes all residential and mixed-use zoning districts. The low number is based on the 80% minimum density requirements in the Community Development Code; the high end is based on the density of new construction in each zoning district that has occurred over the past five years. It also includes a 20% allowance for additional projects that occur on land not included on the Buildable Lands Inventory, the current rate of new residential development on parcels considered already developed. Tigard's Zoned Capacity Title 1 of the Metro Urban Growth Management Functional Plan (Functional Plan) defines the City's housing capacity as 6,308 additional dwelling units. This number is a zoned capacity for achieving additional dwelling units. It is an estimate based on the minimum number of dwelling units allowed in each residential zoning district and was originally based on the City's 1996 boundaries. Units on land outside the City's 1996 boundaries were included in Washington County's capacity numbers,which would include lands annexed to Tigard since 1996. • As of April 2006, the City has reached 52% of its zoned capacity number, or 3,288 units, based on the number of new units built in the City's 1996 boundaries. Density The Metropolitan Housing Rule requires Tigard to provide for an overall density of ten or more dwelling units per net buildable acre. Tigard's new construction from 1994-2005 averaged 6.8 du/ac from 1994-2006: specifically, 5.9 du/ac for single-family construction, and 18.9 du/ac for multi-family. The City does have minimum density requirements in place; the overall density reflects primary residential zoning districts in the City,which are low to medium-density districts. This lower number also reflects the predominance of single-family residential development in the City in the last decade. Areas such as Washington Square, the Central Business District (Downtown Tigard), and the Tigard Triangle allow for higher density residential projects but have had limited multi-family projects occur. Housing Diversity The Metropolitan Housing Rule also states that the City must allow for the opportunity for at least 50 percent of new residential units to be attached single-family housing or multiple housing units. Again, although the number of buildable lots in the high-density range is limited, the opportunity exists in areas such as Washington Square, the Central Business District (Downtown Tigard), and the Tigard Triangle. As part of the City's zoned capacity calculations for Title 1, these areas were considered, with the Washington Square Regional Center in particular. This number will be calculated for the next draft of this Housing report. Community: Housing • • 1 . Housing KEY FINDINGS • Almost three-quarters of Tigard is zoned residential (68.6%). • There are 19,468 single-family and multi-family housing units in Tigard,with an additional 55 mobile homes and 14 manufactured homes. • Eighty-one percent of housing units were built after 1970. • Most new housing built since 1994 has been single-family attached or detached (82%), • The majority of Tigard residents own their homes (58%),with 41% paying rent (2000 Census). • Over the last five years, Portland region housing prices have rapidly escalated. In Tigard, the 2005 median house price was $269,900, up 18% from 2004, and 46% from 2000. • The 2003 median income for Washington County was $54,001. • For a median household to purchase a 2005 median-priced home with a 30-year, 6.5% mortgage with $0 down - and assuming no monthly debt- would require an annual income of$102,030, almost twice the current median income. • In a Fall 2004 survey, apartment rents averaged $705 a month,which would be affordable for households making$28,200 or more annually, almost half of the median income. The 93% occupancy rate was lower than the optimal rate (95%), showing weaker demand. However, recent housing price increases could reverse this trend. • Currently, Tigard has approximately 7,115 rental units. • There are 495 Tigard households on the Washington County housing waiting list, representing 1250 people, almost half of which are under 18. Eighty-seven percent of these households make 30% or less of the annual median income ($16,200 or less). The City of Tigard has a voluntary production goal of 319 affordable housing units, but does not produce or maintain housing units. The need for affordable housing exceeds this number. • Available buildable residential land is large portion of the 2005 BLI is zoned low density (54% is R- 3.5 or R-4.5) or medium density (26% is R-7). No land zoned R-40 remains on the inventory.The majority of available lots are 1 acre or less in size. • Based on this data, if the City developed its remaining residential buildable lands, an additional 2,902 to 3,482 units could be built. • The City h as reached 52% of its Title 1 zoned capacity number of 6,308 units (Metro Title 1;based on 1996 boundaries). • Since 1994, the overall density of residential construction has been 6.8 units/acre, less than the required 10 du/ac. • Areas such as Washington Square, the Central Business District (Downtown Tigard), and the Tigard Triangle allow for higher density residential projects but have had limited multi-family projects occur. Community: Housing • • . • s MEMORANDUM TIGARD TO: Planning Commission FROM: Denver Igarta, Associate Planner RE: September 25th Meeting— Habitat Friendly Development Provisions DATE: September 18, 2006 On September 25th, the Planning Commission will review and discuss proposed amendments to the Tigard Comprehensive Plan (Volume I) and Community Development Code to adopt a Tigard Significant Habitat Areas Map and to implement the recommendations of the Tualatin Basin Fish & Wildlife Habitat Program in compliance with Statewide Planning Goal 5 and Metro Tide 13 (Nature in Neighborhoods). The proposed amendments were identified based on the gap analysis presented to the Planning Commission in July, which evaluated the adequacy of existing City of Tigard regulations to meet the Tualatin Basin Partners recommendations for "habitat friendly development" provisions. Please find the attached summary of proposed amendments and the corresponding Community Development Code sections with proposed text changes. Attachment 1: Proposed Tigard Significant Habitat Areas Map Attachment 2:Summary of Proposed Amendments Attachment 3: Development Code Sections 18.360, 18.370, 18.705, 18.71 5, 18.765, 18.775 & 18.810 I:\I.RPI.,N\Denver\Goal 5\Council-PC\Planning Commission\9 25 06 PC memo.doc ,... .. .._ ...„„ . -,. „ ............... ••••• ••• • „ ••• :. -- ..• „_ a .-. — .-.. • ,......o...........1.,..,•„„.„„, ........„...... ... ,.. •••• . i. A Z.,`"„ ***:::::*****„....„,„::::::—.„••.„;.. .. • : •• ' , - •••••••••• .....o. • .. „ '54,** 1:2 •-• •-• 7.:** . • . •,. ••••• .. : .„.„_., _..„...„„ _ ..,, , -. ....„.. 1.• •t ••••••••••••••••• ••• • • „ • ................. . .... . ... , ,.., ............ .......... I , :::.... , r„.., .:::-. . . ...... • ::: i ... . . 1 ws ....: .... . i 1 . . „„.„, f * . • .•••••••••• . ' . :.*:,.. ....: . ', .:•4'.... . * ....„* '4•• 4 i Wlimek6.,t. .*. . .1. ,••*•""`" :1/2•,,,,x,,..... i 0 • ' : : '''' * \• ,„ • i.. . •% •••••,-••••• ,.. • '' eg • • , 1 TA, :._ .. y .. ,•o f • ii "it ,,,.. ..,. . . t ,.. .... .. .;:.. . \ ............... . . "*•••, \ ,. : •. . .• '',..,„ . ,e• • . • .\*. . ,,,...„,.,. * ... . ••,...„44,. ••* -• • * 30.0004 . \ : .. ---•,, ..,. „..... .:.,..„ •,‘„,.. „40 : . , ...... • „--„„.„,,., ' ..... ...1 • N.::4_ .„,: .............„........., . .. ••** .1 •IN• •• ••••••• - ***„. . ... „itg'•••.1. —„,,,-* .4. ,•••• ••:,„, ,....___ -,...— * •!!. _ ........... litr r .: . rt. 0 S • • ATTACHMENT 2 HABITAT FRIENDLY DEVELOPMENT PROVISIONS PROPOSED AMENDMENTS The following amendments are proposed to the Tigard Comprehensive Plan, (Volume I) and Community Development Code (Sections 18.360, 18.370, 18.705, 18.715, 18.765, 18.775, 18.810) to adopt the Significant Habitat Areas Map and to implement the recommendations of the Tualatin Basin Fish & Wildlife Habitat Program in compliance with Statewide Planning Goal 5 and Metro Title 13 (Nature in Neighborhoods). The proposed habitat-friendly development provisions will not result in increased development restrictions. Rather, the changes will give property owners and developers the option to take advantage of greater regulatory flexibility in exchange for the use of habitat-friendly development practices. Amendments will remove barriers to, and provide code flexibility for, development which incorporates habitat-friendly techniques. Proposed amendments are shown as follows: • Each section begins with commentary explaining the intent of the code amendment followed by the specific language to be revised. • Language to be added to the Community Development Code is underlined. • Language to be deleted is shown in stfikethretight. COMPREHENSIVE PLAN NATURAL RESOURCE SECTION Commentary The Basin's IGA with Metro requires jurisdictions to encourage habitat-friendly development practices in areas Metro identified as Class I and II riparian habitat areas (or Strictly Limited and Moderately Limited). Provisions may be extended to other inventoried resources,including Class III riparian areas & Class A uplands (or Lightly Limited).A map must be adopted to establish the generalized locations of Significant Habitat Areas within Tigard. Amendments • Adopt: Significant Habitat Areas Map COMMUNITY DEVELOPMENT CODE—TITLE 18 SECTION 18.360—SITE DEVELOPMENT REVIEW Commentary The intent of this amendment is to address recommendations for certain innovative techniques requiring further technical specifications, such as soil amendment and building design solution. 18.360.010.0 —Site Development Review 2. To encourage the innovative use of materials, methods and techniques and flexibility in building placement; Code Amendments 18.360.090.A.2. Site Development Review, Relationship to the natural and physical environment: Page 1 of 10 • • c. Innovative methods and techniques to reduce stormwater runoff shall be considered based on surface water drainage patterns, identified per Section 18.810.100.A.3, to minimize detrimental impacts on nearby wetlands, streams and other water bodies. Methods and techniques for consideration may include,but are not limited to,the following:, (1)Water quality facilities(for infiltration,retention,detention and/or treatment) (2) Pervious pavement (3) Soil amendment (4)Roof runoff controls SECTION 18.370—VARIANCES AND ADJUSTMENTS Commentary This amendment is identical to the text changed in Sect 18.810.030.A.7 (Streets, Improvements) Code Amendments 18.370.020.C. — Special adjustments. 11. Adjustments for street improvement requirements (Chapter 18.810). By means of a Type II procedure, as governed by Section 18.390.040, the Director shall approve, approve with conditions, or deny a request for an adjustment to the street improvement requirements, based on findings that the following criterion is satisfied: Strict application of the standards will result in an unacceptably adverse impact on existing development, on the proposed development, or on natural features such as wetlands, bodies of water, significant habitat areas,steep slopes or existing mature trees. In approving an adjustment to the standards, the Director shall determine that the potential adverse impacts exceed the public benefits of strict application of the standards. SECTION 18.705—ACCESS, EGRESS AND CIRCULATION Commentary 18.705.030- General Provisions Add pervious paving surfaces to list of hard surfaced materials for required walkways. Code Amendments 18.705.030 F.4. Required walkways shall be paved with hard surfaced materials such as concrete,asphalt, stone,brick, other pervious paving surfaces,etc. Any pervious paving surface must be designed and maintained to remain well-drained.Walkways may be required to be lighted and/or signed as needed for safety purposes. SECTION 18.715—DENSITY COMPUTATIONS Commentary 18.713.020.A—Density Calculations Definition of net development area currently deducts sensitive lands. Amend this definition to include "Significant Habitat Areas",which may also be deducted and transferred to the remaining buildable area as per 18.715.030. Page 2 of 10 • • 18.715.030—Residential Density Transfer The Basin recommendation suggests allowing all density to be transferred up to double the density allowed on the remaining (buildable) portion of the site. Note:The Design Standards for Density Transition (18.720.030.A.)in the Design Compatibility Section...would still apply (?) Code Amendments 18. 715.020.A Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres,which is all of the land included in the legal description of the property to be developed: 1. All sensitive land areas: e. Optional: Significant habitat areas, as designated on the City of Tigard "Significant Habitat Areas Map". 18.715.030— Residential Density Transfer A. Rules governing residential density transfer. 1. The units per acre calculated by subtracting land areas listed in Section 18.715.020 A. 1 a- c from the gross acres may be transferred to the remaining buildable land areas subject to the following limitations: 4, a. The number of units which can be transferred is limited to the number of units which would have been allowed on 25 percent of the unbuildable area if not for these regulations; and 2, b. The total number of units per site does not exceed 125 percent of the maximum number of units per gross acre permitted for the applicable comprehensive plan designation. 13: 2. .- . . - _ •••: - •. - •. : - - Wetlands. Units per acre calculated by subtracting land areas listed in Section 18.715.0320 A. Id. from the gross acres may be transferred to the remaining buildable land areas on land zoned R-12, R-25, and R-40 subject to the following limitations: 4, a. The number of units which can be transferred is limited to the number of units which would have been allowed on the wetland area, if not for these regulations; 2 b. The total number of units per site does not exceed the maximum number of units per gross acre permitted for the applicable comprehensive plan designation. 3. Significant Habitat Areas.The units per acre calculated by subtracting land areas listed in Section 18.715.020 A. le.,outside the Vegetated Corridor(as defined in the Clean Water Services Design and Construction Standards), from the gross acres may be transferred to the remaining buildable land areas subject to the following limitations: a. The number of units which can be transferred is limited to the number of units which would have been allowed on 100 percent of the significant habitat area,outside the Vegetated Corridor(as defined in the Clean Water Services Design and Construction Standards);and b. The total number of units per site does not exceed double the maximum number of units per gross acre permitted on the remaining buildable portion of the site for the applicable comprehensive plan designation. Page 3 of 10 • GB.Underlying development standards. All density transfer development proposals shall comply with the development standards of the applicable underlying zoning district unless developed under the provisions of Chapter 18.440, Planned Development. • SECTION 18.765—OFF STREET PARKING AND LOADING Commentary The Basin recommends removal of barriers to, and encourages the use of pervious paving materials in parking areas and low traffic private streets (equated with access drives). Technical design specifications will need to be adopted to facilitate the use of this method. 18.765.040.B—Access Drives Address concern of design standards & subgrade limitations. Some type of maintenance agreement may be necessary (as with tree survival& street performance) 18. 765.050.D—Bicycle Parking Pavers are already allowed under the current standards.Address concern of design standards & subgrade limitations. Some type of maintenance agreement may be necessary (as with tree survival& street performance). Code Amendments 18.765.040.B. —Access drives. 5. Access drives shall be improved with an asphalt,of concrete,or pervious paving surface_ Any pervious paving surface must be designed and maintained to remain well-drained; and 18. 765.040.H—Parking Space Surfacing 1. Except for single-family and duplex residences, and for temporary uses or fleet storage areas as authorized in 18.765.040.H.3 and 4 below, all areas used for the parking or storage or maneuvering of any vehicle, boat or trailer shall be improved with asphalt,or concrete,or pervious paving surfaces.Any pervious paving surface must be designed and maintained to remain well-drained; 2. Off-street parking spaces for single and two-family residences shall be improved with an asphalt,Of concrete, or pervious paving surface. Any pervious paving surface must be designed and maintained to remain well-drained; 18. 765.050—Bi ycle Parking Design Standards D. Paving. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material,i.e., pavers, asphalt, concrete, other pervious paving surfaces,or similar material. This surface must be designed and maintained to remained well-drained. SECTION 18.775—SENSITIVE LANDS Commentary 18.775.010.G. Location Add significant fish and wildlife habitat areas to list of sensitive lands. Page 4 of 10 • • 18.775.020.C. Exemptions The Basin recommends permitting culvert replacement and associated enhancement work outright and not requiring additional land use or vegetative corridor mitigation review for projects listed in the Healthy Streams Plan. Add to exemption clause when performed under the direction of the City or in the implementation of the CWS Healthy Streams Plan. Intent of Amendments: • Address recommendations for adjustments to site design standard (lot dimensions: setbacks, height, and lot area) by extending provisions to areas within, or adjacent to, significant habitat. • Establish delineation methodology& set minimum criteria for significant habitat areas. • Allow density transfers and reduction of minimum density in significant habitat areas. Code Amendments 18.775.010 Purpose G. Location. Sensitive lands are lands potentially unsuitable for development because of their location within: 1. The 100-year floodplain or 1996 flood inundation line,whichever is greater; 2. Natural drainageways; 3. Wetland areas which are regulated by the other agencies including the U.S. Army Corps of Engineers and the Division of State Lands, or are designated as significant wedand on the City of Tigard "Wetland and Stream Corridors Map";-at 4. Steep slopes of 25% or greater and unstable ground. (Ord. 05-01);and 5. Significant fish and wildlife habitat areas designated on the City of Tigard"Significant Habitat Areas Map". Precise boundaries may vary from those shown on the map; specific delineations shall be conducted in accordance with the methodology in Section 18.775.140 18.775.020.C. Exemptions C. Exemptions. When performed under the direction of the City,or in coordination with the City to implement the Clean Water Services Healthy Streams Plan,and in compliance with the provisions of the City of Tigard Standards and Specifications for Riparian Area Management, on file in the Engineering Division, and Clean Water Services Design and Construction Standards,the following shall be exempt from the provisions of this section: 18.775.100 Adjustment to Underlying Zone Setback Standards B. Adjustment criteria. A special adjustment to the standards in the underlying zoning district may be requested under Type II procedure when development is proposed within or adjacent to the vegetated corridor area or within or adjacent to significant habitat areas. 2. Explicit consideration ahas been given to maximizing vegetative cover, minimizing excavation and minimizing impervious surface area on tlfkbuildable land. 3. Design options have been considered to reduce the impacts of development,including but not limited to multi-story construction, siting of the residence close to the street to reduce driveway distance,maximizing the use of native landscaping materials, minimizing parking areas,minimizing hydrologic impacts and garage space. 6. Protected vegetated corridor,significant habitat areas and adjacent buffer areas must be: a. Placed in a non-buildable tract or protected with a restrictive easement; and b. Restoration and enhancement of habitat and buffer areas required,including monitoring for five years. Page 5 of 10 • • C. Reduction to Minimum Density Requirements for Developments That Include Inventoried Significant Habitat Areas. The minimum number of units required by Section 18.510.040 (Density Calculation) may be waived if necessary to ensure that impacts on habitat areas are minimized. 1. Approval criteria: Reduction requests will be approved if the review body finds that the applicant has shown that the following criteria are met: a. Delineation of habitat boundaries. Precise boundaries may vary from those shown on the"Significant Habitat Areas Map";specific delineation of significant habitat boundaries will be done by qualified professionals at the applicant's expense using the methodology described in Section 18.775.140. b. The proposal will be consistent with the character of the neighboring area. c. The proposal will directly result in the protection of significant habitat areas through placement in a non-buildable tract or protected with a restrictive easement. 2. Procedure: a. The amount of reduction in the minimum density shall be calculated by subtracting the number of square feet of inventoried significant habitat that is permanently protected from the total number of square feet used to calculate the minimum density requirement. b. Requests for a reduction are processed as a Type II procedure along with the development proposal for which the application has been filed. 18.775.110 Density Transfer Density may be transferred from vegetated corridor or significant habitat areas as provided in Sections 18.715.020—18.715.030. 18.775.140 Significant Habitat Area Delineation Methodology. A. Delineation Methodology. The Significant Habitat Area Map shall be the basis for determining the general location of Significant Habitat Areas on or adjacent to the site. If resources are indicated on the map. delineations shall be conducted in accordance with the following methodology to verify the precise boundaries of the inventoried habitat areas. 1. Verifying boundaries of inventoried riparian habitat. Locating habitat and determining its riparian habitat class is a four-step process: a. Locate the Water Feature that is the basis for identifying riparian habitat. 1) Locate the top of bank of all streams, rivers, and open water within 200 feet of the property. 2) Locate all flood areas within 100 feet of the property. 3) Locate all wetlands within 150 feet of the property based on the Tigard 'Wetland and Stream Corridors Map" and on the Metro 2002 Wetland Inventory Map (available from the Metro Data Resource Center, 600 N.E. Grand Ave., Portland, OR 97232). Identified wetlands shall be further delineated consistent with methods currently accepted by the Oregon Division of State Lands and the U.S. Army Corps of Engineers. Page 6 of 10 • • • b. Identify the vegetative cover status of all areas on the property that are within 200 feet of the top of bank of streams, rivers, and open water, are wetlands or are within 150 feet of wetlands,and are flood areas and within 100 feet of flood areas. 1) Vegetative cover status shall be as identified on the Metro Vegetative Cover Map 2) The vegetative cover status of a property may be adjusted only if (1) the property was developed prior to the time the regional program was approved, or (2) an error was made at the time the vegetative cover status was determined. To assert the latter type of error, applicants shall submit an analysis of the vegetative cover on their property using summer 2002 aerial photographs and the following definitions of vegetative cover types in Table 18.775.1. Table 18.775.1 Definitions of Vegetated Cover Types Type Definition Low structure Areas that are part of a contiguous area one acre or larger of vegetation or open soils grass,meadow, crop-lands, or areas of open soils located within 300 feet of a surface stream (low structure vegetation areas may include areas of shrub vegetation less than one acre in size if they are contiguous with areas of grass,meadow, crop-lands, orchards, Christmas tree farms,holly farms, or areas of open soils located within 300 feet of a surface stream and together form an area of one acre in size or larger). Woody vegetation Areas that are part of a contiguous area one acre or larger of shrub or open or scattered forest canopy (less than 60% crown closure) located within 300 feet of a surface stream. Forest canopy Areas that are part of a contiguous grove of trees of one acre or larger in area with approximately 60% or greater crown closure, irrespective of whether the entire grove is within 200 feet of the relevant water feature. c. Determine whether the degree that the land slopes upward from all streams,rivers,and open water within 200 feet of the property is greater than or less than 25% (using the vegetated corridor measurement methodology as described in Clean Water Services Design and Construction Standards);and d. Identify the riparian habitat classes applicable to all areas on the property using Table 18.775.2. Page 7 of 10 • • Table 18.775.2 Method for Locating Boundaries of Class I and II Riparian Areas Development/Vegetation Status Distance in feet Developed Low Woody vegetation Forest Canopy from areas not structure (shrub and (closed to open forest Water providing vegetation or scattered forest canopy) Feature vegetative open soils canopy) cover Surface Streams 0-50 Class II Class I Class I Class I 50-100 Class IIZ Class I Class I 1 00-1 50 Class IIZ if Class II if Class IIZ slope>25% slope>25% 150-200 Class IIZ if Class IIZ if Z Class II if slope>25% slope>25% slope>25% Wetlands f Wetland feature itself is a Class I Riparian Area) 0-100 Class IIZ Class I Class I 100-150 Z Class II Flood Areas (Undeveloped ortion of flood area is a Class I Riparian Area) 0-100 ( I Class IIZ I Class IIZ The vegetative cover type assigned to any particular area was based on two factors:the type of vegetation observed in aerial photographs and the size of the overall contiguous area of vegetative cover to which a particular piece of vegetation belonged. As an example of how the categories were assigned, in order to qualify as `forest canopy"the forested area had to be part of a larger patch offorest of at least one acre in size. Areas that have been identified as habitats of concern, as designated on the Metro Habitats of Concern Map(on file in the Metro Council once), shall be treated as Class I riparian habitat areas in all cases, subject to the provision of additional information that establishes that they do not meet the criteria used to identify habitats of concern as described in Metro's Technical Report for Fish and Wildlife. Examples of habitats of concern include: Oregon white oak woodlands, bottomland hardwood forests,wetlands,native grasslands,riverine islands or deltas,and important wildlife migration corridors. 2. Verifying boundaries of inventoried upland habitat. Upland habitat was identified based on the existence of contiguous patches of forest canopy, with limited canopy openings. The "forest canopy" designation is made based on analysis of aerial photographs, as part of determining the vegetative cover status of land within the region. Upland habitat shall be as identified on the Significant Habitat Areas Map unless corrected as provided in this subsection. a. Except as provided below, vegetative cover status shall be as identified on the Metro Vegetative Cover Map used to inventory habitat at the time the area was brought within the urban growth boundary (available from the Metro Data Resource Center, 600 N.E. Grand Ave.,Portland, OR 97232). b. The only allowed corrections to the vegetative cover status of a property are as follows: Page 8 of 10 • • 1) To correct errors made when the vegetative status of an area was determined based on analysis of the aerial photographs used to inventory the habitat at the time the area was brought within the urban growth boundary. The perimeter of an area delineated as "forest canopy" on the Metro Vegetative Cover Map may be adjusted to more precisely indicate the dripline of the trees within the canopied area provided that no areas providing greater than 60% canopy crown closure are de-classified from the "forest canopy" designation. To assert such errors, applicants shall submit an analysis of the vegetative cover on their property using the aerial photographs that were used to inventory the habitat at the time the area was brought within the urban growth boundary and the definitions of the different vegetative cover types provided in Table 18.775.1;and 2) To remove tree orchards and Christmas tree farms from inventoried habitat; provided, however, that Christmas tree farms where the trees were planted prior to 1975 and have not been harvested for sale as Christmas trees shall not be removed from the habitat inventory. c. If the vegetative cover status of any area identified as upland habitat is corrected pursuant to 18.775.140.A.2.b.1. to change the status of an area originally identified as "forest canopy," then such area shall not be considered upland habitat unless it remains part of a forest canopy opening less than one acre in area completely surrounding by an area of contiguous forest canopy. SECTION 18.810—STREET AND UTILITY IMPROVEMENT STANDARDS Commentary The intent of these amendments is to address recommendations for reducing the amount of paving in habitat areas for roadways, sidewalks (planter strips), stream crossings and block length. 18.810.030./1.7:Streets, Improvements In 2002, street widths were reduced with the TSP update following a great deal of negotiation with TVFR (BR). "Skinny" roadway widths are allowed on local streets if criteria is met. The code provides for adjustments to the Street Utility Improvement Standards to minimize adverse impact on natural features such as wetlands, steep slopes, or existing mature trees. In order to further address recommendations to minimize paving, sidewalk reduction and narrow street right-of-ways through stream crossings, "significant habitat areas" shall be added to the list of natural features considered for adjustments to street improvement standards. 18.810.040.B. Block Size Explicitly add "significant habitat areas" to the list of natural features precluding block size. 18.810.070.0 Sidewalks, Planter Strip Requirement Explicitly add " habitat areas" to the list of significant natural features. Code Amendments 18.810.030./.7:Streets, Improvements Page 9 of 10 • • The approval authority may approve adjustments to the standards of this chapter if compliance with the standards would result in an adverse impact on natural features such as wetlands, bodies of water,significant habitat areas,steep slopes, or existing mature trees. 18.810.040.B. Block Sizes. 1. The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the centerline of the streets except: a. Where street location is precluded by natural topography,wetlands, significant habitat areas or othcr bodies of water, or pre-existing development; or 18.810.070 Sidewalks C. Planter strip requirements. A planter strip separation of at least five feet between the.curb and the sidewalk shall be required in the design of streets, except where the following conditions exist: there is inadequate right-of-way; the curbside sidewalks already exist on predominant portions of the street;it would conflict with the utilities, there are significant natural features (large trees,water features, habitat areas,etc) that would be destroyed if the sidewalk were located as required, or where there are existing structures in close proximity to the street (15 feet or less)_Additional consideration for exempting the planter strip requirement may be given on a case by case basis if a property abuts more than one street frontage. Page 10 of 10 • S ATTACHMENT 3 Chapter 18.360 SITE DEVELOPMENT REVIEW Sections: 18.360.010 Purpose 18.360.020 Applicability of Provisions 18.360.030 Approval Process 18.360.040 Bonding and Assurances 18.360.050 Major Modification(s) to Approved Plans or Existing Development 18.360.060 Minor Modification(s)to Approved Plans or Existing Development 18.360.070 Submission Requirements 18.360.080 Exceptions to Standards 18.360.090 Approval Criteria 18.360.010 Purpose A. Promote general welfare. The purpose and intent of site development review is to promote the general welfare by directing attention to site planning, and giving regard to the natural environment and the elements of creative design to assist in conserving and enhancing the appearance of the City. B. General purposes. It is in the public interest and necessary for the promotion of the health, safety and welfare, convenience,comfort and prosperity of the citizens of the City of Tigard: I. To implement the City of Tigard's Comprehensive Plan and other approval standards in this title; 2. To preserve and enhance the natural beauties of the land and of the man-made environment, and enjoyment thereof; 3. To maintain and improve the qualities of and relationships between individual buildings, structures and the physical developments which best contribute to the amenities and attractiveness of an area or neighborhood; 4. To protect and ensure the adequacy and usefulness of public and private developments as they relate to each other and to the neighborhood or area; and 5. To ensure that each individual development provides for a quality environment for the citizens utilizing that development as well as the community as a whole. C. Environmental enhancement. To prevent the erosion of natural beauty, the lessening of environmental amenities, the dissipation of both usefulness and function, and to encourage additional landscaping, it is necessary: 1. To stimulate harmonious design for individual buildings, groups of buildings and structures, and other physical developments; 2. To encourage the innovative use of materials, methods and techniques and flexibility in building placement;and Site Development Review 18.360-1 Code Update: 10/02 • • 3. To integrate the function, appearance and location of buildings and improvements so as to best achieve a balance between private prerogatives and preferences, and the public interest and welfare. 18.360.020 Applicability of Provisions A. Applicability and exemptions. Site development review shall be applicable to all new developments and major modification of existing developments, as provided in Section 18.360.050, except it shall not apply to: 1. Single-family detached dwellings; 2. Manufactured homes on individual lots; 3. A duplex,which is not being reviewed as part of any other development; 4. Minor modifications as provided in Section 18.360.030B; 5. Any proposed development which has a valid conditional use approved through the conditional use permit application process; 6. Mobile home parks and mobile home subdivisions; 7. Family day care; 8. Home occupation; 9. Temporary use; or 10. Accessory structures. 18.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or major modification of an approved plan or existing development, as defined in Section 18.360.030A, shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. 13. Minor modifications. Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060, shall be processed as a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.360.060. C. Approval period. Site development review approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. The site development review approval by the Director shall lapse if: 1. Substantial construction of the approved plan has not begun within a one-and-one-half years period; or 2. Construction on the site is a departure from the approved plan. Site Development Review 18.360-2 Code Update: 10/02 • • D. 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 are made on the original site development review plan as approved by the Director; 2. The applicant can show intent of initiating construction on the site 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. E. Phased development. 1. The Director shall approve a time schedule for developing a site in phases over a period of time of one year, but in no case shall the total time period for all phases be greater than three years without reapplying for site development review. 2. The criteria for approving a phased site development review proposal is that all of the following are satisfied: a. The public facilities are constructed in conjunction with or prior to each phase; b. The development and occupancy of any phase is not dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard; c. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal; and d. The Director's decision may be appealed as provided by Section 18.390.040.G. No notice need be given of the Director's decision. 3. The Director may waive or modify the approval period for projects within the Washington Square Regional Center in accordance with Section 18.630.020.C. 18.360.040 Bonding and Assurances A. Performance bonds for public improvements. On all projects where public improvements are required the Director shall require a bond in an amount not greater than 100% or other adequate assurances as a condition of approval of the site development plan in order to ensure the completed project is in conformance with the approved plan;and B. Release of performance bonds. The bond shall be released when the Director finds the completed project conforms to the approved site development plan and all conditions of approval are satisfied. C. Completion of landscape installation. Landscaping shall be installed prior to issuance of occupancy permits, unless security equal to the cost of the landscaping as determined by the Director is filed with the City Recorder assuring such installation within six months after occupancy: Site Development Review 18.360-3 Code Update: 10/02 • • 1. Security may consist of a faithful performance bond payable to the City, cash, certified check or such other assurance of completion approved by the City Attorney; and 2. If the installation of the landscaping is not completed within the six-month period, the security may be used by the City to complete the installation. D. Business tax filing. The applicant shall ensure that all occupants of the completed project, whether permanent or temporary, shall apply for and receive a City of Tigard business tax prior to initiating business. 18.360.050 Major Modification(s)to Approved Plans or Existing Development A. Determination request. An applicant may request approval of a modification to an approved plan or existing development by: 1. Providing the Director with three copies of the proposed modified site development plan;and 2. A narrative which indicates the rationale for the proposed modification addressing the changes listed in subsection B below. B. Evaluation criteria. The Director shall determine that a major modification(s) will result if one or more of the following changes are proposed. There will be: 1. An increase in dwelling unit density,or lot coverage for residential development; 2. A change in the ratio or number of different types of dwelling units; 3. A change that requires additional on-site parking in accordance with Chapter 18.765; 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; 5. An increase in the height of the building(s) by more than 20%; 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected; 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; 9. A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10%; 10. A reduction of project amenities below the minimum established by this code or by more than 10%where specified in the site plan: a. Recreational facilities; Site Development Review 18.360-4 Code Update: 10/02 • • b. Screening; and/or c. Landscaping provisions. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B1 through 10 above of this subsection. C. When the determination is made. Upon determining that the proposed modification to the site development plan is a major modification, the applicant shall submit a new application in accordance with Sections 18.360.030 and 18.360.070 for site development review prior to any issuance of building permits. 18.360.060 Minor Modification(s)to Approved Plans or Existing Development A. Minor modification defined. Any modification which is not within the description of a major modification as provided in Section 18.360.050 shall be considered a minor modification. B. Process. An applicant may request approval of a minor modification in accordance with Section 18.360.030B and as follows: 1. Providing the Director with three copies of the proposed modified site development plan;and 2. A narrative which indicates the rationale for the proposed modification addressing the changes listed in Section 18.360.050B. C. Approval criteria. A minor modification shall be approved, approved with conditions or denied following the Director's review based on the finding that: 1. The proposed development is in compliance with all applicable requirements of this title;and 2. The modification is not a major modification. 18.360.070 Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type II procedure, as governed by Section 18.390.040. B. Additional information. In addition to the submission requirements required in Chapter 18.390, Decision-Making Procedures, an application for the conceptual development plan must include the following additional information in graphic, tabular and/or narrative form. The Director shall provide a list of the specific information to be included in each of the following: 1. An existing site conditions analysis; 2. A site plan; 3. A grading plan; 4. A landscape plan; Site Development Review 18.360-5 Code Update:10/02 • • 5. Architectural elevations of all structures;and 6. A copy of all existing and proposed restrictions or covenants. 18.360.080 Exceptions to Standards A. Exceptions to setback requirements. The Director may grant an exception to the yard setback requirements in the applicable zone based on findings that the approval will result in the following: 1. An exception which is not greater than 20%of the required setback; 2. No adverse effect to adjoining properties in terms of light, noise levels and fire hazard; 3. Safe vehicular and pedestrian access to the site and on-site; 4. A more efficient use of the site which would result in more landscaping;and 5. The preservation of natural features which have been incorporated into the overall design of the project. B. Exceptions to parking requirements. The Director may grant an exception or deduction to the off- street parking dimensional and minimum number of space requirements in the applicable zoning district based on the following findings: 1. The application is for a use designed for a specific purpose which is intended to be permanent in nature, e.g., senior citizen housing, and which has a demonstrated low demand for off-street parking; 2. There is an opportunity for shared parking and there is written evidence that the property owners have entered into a binding agreement to share parking;or 3. There is community interest in the preservation of particular natural feature(s) on the site, public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses, therefore the public interest is not adversely affected by the granting of the exception. C. Exceptions for private or shared outdoor area. The Director may grant an exception or deduction to the private outdoor area and shared outdoor recreation areas requirements, provided the application is for a use designed for a specific purpose which is intended to be permanent in nature (for example, senior citizen housing) and which can demonstrate a reduced demand for a private outdoor recreational area based on any one or more of the following findings: 1. There is direct access by a pedestrian path, not exceeding 1/4 mile, from the proposed development to public open space or recreation areas which may be used by residents of the development; 2. The development operates a motor vehicle which is available on a regular basis to transport residents of the development to public open space or recreation areas;or 3. The required square footage of either the private outdoor area or the shared outdoor recreation area may be reduced if together the two areas equal or exceed the combined standard for both. Site Development Review 18.360-6 Code Update: 10/02 • • D. Exceptions to landscaping requirements. The Director shall grant an exception to the landscaping requirements of this code, Section 18.120.150, upon finding that the overall landscape plan provides for at least 20 of the gross site to be landscaped. 18.360.090 Approval Criteria A. Approval criteria. The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions,or denying an application: 1. Compliance with all of the applicable requirements of this title including Chapter 18.810, Street and Utility Standards; 2. Relationship to the natural and physical environment: a. Buildings shall be: (1) Located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; (2) Located in areas not subject to ground slumping or sliding; (3) Located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting;and (4) Oriented with consideration for sun and wind. b. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790,Tree Removal. c. Innovative methods and techniques to reduce stormwater runoff shall be considered based on surface water drainage patterns, identified per Section 18.810.100.A.3, to minimize detrimental impacts on nearby wetlands, streams and other water bodies. Methods and techniques for consideration may include,but are not limited to, the following: (I) Water quality facilities(for infiltration, retention,detention and/or treatment) (2) Pervious pavement (3) Soil amendment (4)Roof runoff controls 3. Exterior elevations: a. 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 Site Development Review 18.360-7 Code Update: 10/02 • • (3) Offsets or breaks in roof elevations of three or more feet in height. 4. Buffering, screening and compatibility between adjoining uses: a. Buffering shall be provided between different types of land uses, for example, between single-family and multiple-family residential, and residential and commercial uses, and the following factors shall be considered in determining the adequacy of the type and extent of the buffer: (I) The purpose of the buffer, for example to decrease noise levels,absorb air pollution, filter dust,or to provide a visual barrier; (2) The size of the buffer required to achieve the purpose in terms of width and height; (3) The direction(s) from which buffering is needed; (4) The required density of the buffering;and (5) Whether the viewer is stationary or mobile. b. On site screening from view from adjoining properties of such things as service areas,storage areas, parking lots, and mechanical devices on roof tops, i.e., air cooling and heating systems, shall be provided and the following factors will be considered in determining the adequacy of the type and extent of the screening: (1) What needs to be screened; (2) The direction from which it is needed; (3) How dense the screen needs to be; (4) Whether the viewer is stationary or mobile; and (5) Whether the screening needs to be year around. 5. Privacy and noise: multi-family or group living uses: a. Structures which include residential dwelling units shall provide private outdoor areas for each ground floor unit which is screened from view by adjoining units as provided in Subsection 6.a below; b. The buildings shall be oriented in a manner which protects private spaces on adjoining properties from view and noise; c. On-site uses which create noise, light, or glare shall be buffered from adjoining residential uses;and d. Buffers shall be placed on the site as necessary to mitigate noise, light or glare from off-site sources. Site Development Review 18.360-8 Code Update: 10/02 • • 6. Private outdoor area: multi-family use: a. Private open space such as a patio or balcony shall be provided and shall be designed for the exclusive use of individual units and shall be at least 48 square feet in size with a minimum width dimension of four feet; and (1) Balconies used for entrances or exits shall not be considered as open space except where such exits or entrances are for the sole use of the unit; and (2) Required open space may include roofed or enclosed structures such as a recreation center or covered picnic area. b. Wherever possible,private outdoor open spaces should be oriented toward the sun; and c. Private outdoor spaces shall be screened or designed to provide privacy for the users of the space. 7. Shared outdoor recreation areas: multi-family use: a. In addition to the requirements of subsections 5 and 6 above, usable outdoor recreation space shall be provided in residential developments for the shared or common use of all the residents in the following amounts: (1) Studio up to and including two-bedroom units,200 square feet per unit;and (2) Three or more bedroom units,300 square feet per unit. b. The required recreation space may be provided as follows: (1) It may be all outdoor space; or (2) It may be part outdoor space and part indoor space; for example, an outdoor tennis court, and indoor recreation room; or (3) It may be all public or common space;or (4) It may be part common space and part private; for example, it could be an outdoor tennis court, indoor recreation room and balconies on each unit; and (5) Where balconies are added to units,the balconies shall not be less than 48 square feet. c. Shared outdoor recreation space shall be readily observable to promote crime prevention and safety; 8. Where landfill and/or development is allowed within and adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle plan. 9. Demarcation of public,semi-public and private spaces for crime prevention: Site Development Review 18.360-9 Code Update: 10/02 • • a. 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 b. These areas may be defined by, but not limited to: (1) A deck, patio, low wall, hedge,or draping vine; (2) A trellis or arbor; (3) A change in elevation or grade; (4) A change in the texture of the path material; (5) Sign; or (6) Landscaping. 10. Crime prevention and safety: a. Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; b. Interior laundry and service areas shall be located in a way that they can be observed by others; c. Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; d. The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and e. Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet which is sufficient to illuminate a person. 11. Public transit: a. Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to or within 500 feet of existing or proposed transit route; b. The requirements for transit facilities shall be based on: (1) The location of other transit facilities in the area; and (2) The size and type of the proposal. c. The following facilities may be required after City and Tri-Met review: (I) Bus stop shelters; Site Development Review 18.360-10 Code Update: 10/02 • • (2) Turnouts for buses; and (3)Connecting paths to the shelters. 12. Landscaping: a. All landscaping shall be designed in accordance with the requirements set forth in Chapter 18.745; b. In addition to the open space and recreation area requirements of subsections 5 and 6 above,a minimum of 20 percent of the gross area including parking, loading and service areas shall be landscaped;and c. A minimum of 15 percent of the gross site area shall be landscaped. 13. Drainage: All drainage plans shall be designed in accordance with the criteria in the adopted 1981 master drainage plan; 14. Provision for the disabled: All facilities for the disabled shall be designed in accordance with the requirements set forth in ORS Chapter 447; and 15. All of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title, e.g., Planned Developments, Chapter 18.350; or a variance or adjustment granted under Chapter 18.370.; (Ord. 02-33) • Site Development Review 18.360-11 Code Update: 10/02 • • Chapter 18.370 VARIANCES AND ADJUSTMENTS Sections: 18.370.010 Variances 18.370.020 Adjustments 18.370.010 Variances A. Purpose. The purpose of this section is to provide standards for the granting of variances from the applicable zoning requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific property, the literal interpretation of the provisions of the applicable zone would cause an undue or unnecessary hardship, except that no use variances shall be granted. B. Applicability of provisions. 1. The variance standards are intended to apply to individual platted and recorded lots only. 2. An applicant who is proposing to vary a specification standard for lots yet to be created through a subdivision process may not utilize the variance procedure unless otherwise specified in Section 18.730.030,Zero Lot Line Setback Standards,or Chapter 18.430, Subdivisions. C. Approval process and standards. 1. Variances shall be processed by means of a Type I1 procedure, as governed by Section 18.390.040, using standards of approval contained in Subsection 2 below. 2. The Director shall approve, approve with conditions, or deny an application for a variance based on finding that the following criteria are satisfied: a. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control,and which are not applicable to other properties in the same zoning district; c. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title;and e. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. Variances and Adjustments 18.370-1 SE/Code Update: 04/02 • • 3. The Director shall approve, approve with modifications, or deny an application for a subdivision variance subject to the criteria set forth in Section 18.370.010.C. 18.370.020 Adjustments A. Purpose. The purpose of this section is to establish two classes of special variances: 1. "Development adjustments" which allow modest variation from required development standards within proscribed limits. Because such adjustments are granted using "clear and objective standards," these can be granted by means of a Type I procedure, as opposed to the more stringent standards of approval and procedure for variances. 2. "Special adjustments" which are variances from development standards which have their own approval criteria as opposed to the standard approval criteria for variances contained in Section I8.370.020.C. B. Development adjustments. 1. The following development adjustments will be granted by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Subsection B2 below: a. Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone. Setback of garages may not be reduced by this provision. b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. c. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. 2. Approval criteria. A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; b. The adjustment will result in the preservation of trees, if trees are present in the development area; c. The adjustment will not impede adequate emergency access to the site; d. There is not a reasonable alternative to the adjustment which achieves the desired effect. Variances and Adjustments 18.370-2 SE/Code Update: 04/02 • • C. Special adjustments. 1. Adjustments to development standards within subdivisions (Chapter 18.430). The Director shall consider the application for adjustment at the same time he/she considers the preliminary plat. An adjustment may be approved, approved with conditions, or denied provided the Director finds: a. There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other lands similarly situated; b. The adjustment is necessary for the proper design or function of the subdivision; c. The granting of the adjustment will not be detrimental to the public health, safety, and welfare or injurious to the rights of other owners of property;and d. The adjustment is necessary for the preservation and enjoyment of a substantial property right because of an extraordinary hardship which would result from strict compliance with the regulations of this title. 2. Adjustment to minimum residential density requirements (Chapter 18.510). The Director is authorized to grant an adjustment to the minimum residential density requirements in Section 18.510.040,by means of a Type I procedure, as governed by Section 18.390.030 as follows: a. For development on an infill site as follows: (1) In the R-25 zone, sites of.75 acre or smaller. (2) In the R-40 zone, sites of.75 acre or smaller. b. For development on sites larger than those contained in 1 above, if the applicant can demonstrate by means of detailed site plan that the site is so constrained that the proportional share of the required minimum density cannot be provided and still meet all of the development standards in the underlying zone. c. To be granted an adjustment in either Subsections a or b above, the applicant must demonstrate that the maximum number of residential units are being provided while complying with all applicable development standards in the underlying zone. There is nothing in this section which precludes an applicant for applying to a variance to these standards, as governed by Section 18.370.010. 3. For adjustments to density requirements in Washington Square Regional Center, the standards of Section 18.630.020.E apply. 4. For Modifications to dimensional and minimum density requirements for developments within the Washington Square Regional Center that include or abut designated Water Resource overlay areas,the standards of Section 18.630.020.F apply. Variances and Adjustments 18.370-3 SE/Code Update: 04/02 • • 5. Adjustment to access and egress standards(Chapter 18.705). a. In all zoning districts where access and egress drives cannot be readily designed to conform to Code standards within a particular parcel, access with an adjoining property shall be considered. If access in conjunction with another parcel cannot reasonably be achieved, the Director may grant an adjustment to the access requirements of Chapter 18.705 through a Type II procedure, as governed in Section 18.390.030, using approval criteria contained in Subsection 2b below. b. The Director may approve,approve with conditions,or deny a request for an adjustment from the access requirements contained in Chapter 18.705,based on the following criteria: (1) It is not possible to share access; (2) There are no other alternative access points on the street in question or from another street; (3) The access separation requirements cannot be met; (4) The request is the minimum adjustment required to provide adequate access; (5) The approved access or access approved with conditions will result in a safe access; and (6) The visual clearance requirements of Chapter 18.795 will be met. 6. Adjustments to landscaping requirements(Chapter 18.745). a. Adjustment to use of existing trees as street trees. By means of a Type I procedure, as governed by Section 18.390.030,the Director shall approve,approve with conditions,or deny a request for the use of existing trees to meet the street tree requirements in Section 18.745.030 providing there has been no cutting and filling around the tree during construction which may lead to its loss, unless the following can be demonstrated: (1) The ground within the drip-line is altered merely for drainage purposes; and (2) It can be shown that the cut or fill will not damage the roots and will not cause the tree to die. b. Adjustment for street tree requirements. By means of a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions, or deny a request for the adjustments to the street tree requirements in Section 18.745.030, based on the following approval criteria: (1) If the location of a proposed tree would cause potential problems with existing utility lines; (2) If the tree would cause visual clearance problems;or (3) If there is not adequate space in which to plant street trees. 7. Adjustments to parking standards(Chapter 18.765). Variances and Adjustments 18.370-4 SE/Code Update: 04/02 • • a. Reduction from minimum parking requirements. By means of a Type II procedure, as governed by Section 18.390.040, the Director may authorize up to a 20% reduction in the total minimum vehicle parking spaces required in Section 18.765.070.H when an applicant for a development permit can demonstrate in a parking study prepared by a traffic consultant or in parking data from comparable sites that: (1) Use of transit, demand management programs, and/or special characteristics of the customer, client employee or resident population will reduce expected vehicle use and parking space demand for this development, as compared to standards Institute of Transportation Engineers (ITE) vehicle trip generation rates and minimum city parking requirements,and (2) A reduction in parking will not have an adverse impact on adjacent uses. b. Reductions in minimum parking requirements in new developments for transit improvements. The Director may authorize up to a 20% reduction in the total minimum vehicle parking spaces required in Section 18.765.070.H by means of a Type II procedure, as governed by Section 18.390.040,when the applicant: (1) Incorporates transit-related facilities such as bus stops and pull-outs, bus shelters, transit- oriented developments and other transit-related development; and (2) Documents operational characteristics indicating the number of transit users, or number of non-auto users for a particular facility. c. Reductions in minimum parking requirements in existing developments for transit improvements. The Director may authorize up to a 10% reduction in the total minimum vehicle parking spaces required in Section 18.765.070.H at a conversion ratio of one space per 100 square feet of transit facility by means of a Type I procedure as governed by Section 18.390.030,when the applicant: (1) Incorporates transit-related facilities such as bus stops and pull-outs, bus shelters, transit- oriented developments and other transit-related development; and (2) Meets the following requirements: (a) A transit facility must be located adjacent to a street with transit service. The facility should be located between the building and front property line, within 20 feet of an existing transit stop, or the facility may include a new transit stop if approved by Tri- Met. (b) A transit facility shall include a covered waiting or sitting area. d. Increases in the maximum parking requirements. The Director may approve off-street parking in excess of the maximum allowed parking spaces in Section 18.765.070G by means of a Type II procedure, as governed by Section 18.390.040, when the applicant can demonstrate that all of the following criteria are met: (1) The individual characteristics of the use at that location requires more parking than is generally required for a use of this type and intensity; Variances and Adjustments 18.370-5 SE/Code Update: 04/02 • • (2) The need for additional parking cannot be reasonably met through provision of on-street parking or shared parking with adjacent or nearby uses; and (3) The site plan shall indicate how the additional parking can be redeveloped to more intensive transit-supportive use in the future. e. Reduction in required bicycle parking. The Director may approve a reduction of required bicycle parking per Section 18.765.050.E by means of Type II procedure, as governed by Section 18.390.040, if the applicant can demonstrate that the proposed use by its nature would be reasonably anticipated to generate a lesser need for bicycle parking. f. Use of alternative parking garage layout. By means of a Type II procedure, as governed by Section 18.390.040, the Director may approve an alternative design of parking garage which differs from the dimensional standards contained in Figure 18.765.2 when it can be shown that 1) the proposed structure meets design guidelines of the Urban Land Institute's (ULI) Dimension of Parking, Current Edition; or 2) a similar structure functions efficiently using proposed modified layout,circulation and dimensions. g. Reduction in length of stacking lane. By means of a Type I procedure, as governed by 18.390.030, the Director may allow a reduction in the amount of vehicle stacking area required in Section 18.765.040.D.2 if such a reduction is deemed appropriate after analysis of the size and location of the development, limited services available and other pertinent factors. 8. Adjustments to sign code(Chapter 18.780). a. By means of a Type II procedure, as governed by Section 18.390.040, the Director shall approve, approve with conditions, or deny a request for an adjustment to the sign code based on findings that at least one of the following criteria are satisfied: (I) The proposed adjustment to the height limits in the sign code is necessary to make the sign visible from the street because of the topography of the site, and/or a conforming building or sign on an adjacent property would limit the view of a sign erected on the site in conformance with Chapter 18.780, Signs; (2) A second freestanding sign is necessary to adequately identify a second entrance to a business or premises that is oriented towards a different street frontage; (3) Up to an additional 25% of sign area or height may be permitted when it is determined that the increase will not deter from the purpose of Chapter 18.780, Signs. This increase should be judged according to specific needs and circumstances which necessitate additional area to make the sign sufficiently legible. The increase(s) shall not conflict with any other non-dimensional standards or restrictions of this chapter; (4) The proposed sign is consistent with the criteria set forth in Section 18.780.130.G; (5) The proposed exception for a second freestanding sign on an interior lot which is zoned commercial or industrial is appropriate because all of the following apply: Variances and Adjustments 18.370-6 SE/Code Update: 04/02 • • (a) The combined height of both signs shall not exceed 150%of the sign height normally allowed for one freestanding sign in the same zoning district; however, neither shall exceed the height normally allowed in the same zoning district; (b) Neither sign will pose a vision clearance problem or will project into the public right- of-way;and (c) Total combined sign area for both signs shall not exceed 150% of what is normally allowed for one freestanding sign in the same zoning district; however, neither shall exceed the height normally allowed in the same zoning district. b. In addition to the criteria in Subsection a above, the Director shall review all of the existing or proposed signage for the development and its relationship to the intent and purpose of Chapter 18.780, Signs. As a condition of approval of the adjustment, the Director may require: (1) Removal or alteration of nonconforming signs to achieve compliance with the standards contained in Chapter 18.780, Signs; (2) Removal or alteration of conforming signs to establish a consistent sign design throughout the development; and (3) Application for sign permits for signs erected without permits or removal of such illegal signs. 9. Adjustments to setbacks to reduce tree removal (Chapter 18.790). By means of a Type I procedure, as governed by Section 18.390.030, the Director may grant a modification from applicable setback requirements of this Code for the purpose of preserving a tree or trees on the site of proposed development. Such modification may reduce the required setback by up to 50%, but shall not be more than is necessary for the preservation of trees on the site. The setback modification described in this section shall supersede any special setback requirements or exceptions set out elsewhere in this title, including but not limited to Chapter 18.730, except . Section 18.730.040. 10. Adjustments to wireless communication facilities(Chapter 18.798). a. By means of a Type Il procedure, as governed by Section 18.390.040, the Director shall approve, approve with conditions, or deny a request for an adjustment to the requirement that a wireless communication tower be set back at least the height of the tower from any off-site residence based on findings that at the following criteria are satisfied: (1) The proposed location of the tower complies with the setback requirements for the underlying zone in which the property is located; (2) A structural engineer certifies that the tower is designed to collapse within itself; (3) Because of topography, vegetation, building orientation and/or other factor, a site closer to an off-site residence will equally or better reduce the visual impacts associated with the tower upon the off-site residence. Variances and Adjustments 18.370-7 SE/Code Update: 04/02 • • b. By means of a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions,or deny a request for an adjustment to the requirement that a wireless communication tower be located 2,000 feet from another tower in a residential zone or 500 feet from another tower in a non-residential zone based on findings that the following criteria are satisfied: (1) The applicant has fully complied with the collocation protocol as provided in Section 18.798.080; and (2) A registered radio engineer certifies that a more distant location is not technically feasible and/or sites at a more appropriate location are not available;or (3) A location closer than the required separation will reduce visual or other impacts on surrounding uses better than sites beyond the required separation. 11. Adjustments for street improvement requirements (Chapter 18.810). By means of a Type II procedure, as governed by Section 18.390.040, the Director shall approve, approve with conditions, or deny a request for an adjustment to the street improvement requirements, based on findings that the following criterion is satisfied: Strict application of the standards will result in an unacceptably adverse impact on existing development, on the proposed development, or on natural features such as wetlands, bodies of water, significant habitat areas, steep slopes or existing mature trees. In approving an adjustment to the standards, the Director shall determine that the potential adverse impacts exceed the public benefits of strict application of the standards.• Variances and Adjustments 18.370-8 SE/Code Update: 04/02 • • Chapter 18.705 ACCESS, EGRESS,AND CIRCULATION Sections: 18.705.010 Purpose 18.705.020 Applicability of Provisions 18.705.030 General Provisions 18.705.010 Purpose A. Purpose. The purpose of this chapter is to establish standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. 18.705.020 Applicability of Provisions A. When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures (see Section 18.360.050), and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. B. Change or enlargement of use. Should the owner or occupant of a lot or building change or enlarge the use to which the lot or building is put, thereby increasing access and egress requirements, it is unlawful and is a violation of this title to begin or maintain such altered use until the provisions of this chapter have been met if required or until the appropriate approval authority has approved the change. C. When site design review is not required. Where the provisions of Chapter 18.360, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny an access plan submitted under the provisions of this chapter in conjunction with another permit or land use action. D. Conflict with subdivision requirements. The requirements and standards of this chapter shall not apply where they conflict with the subdivision rules and standards of this title. 18.705.030 General Provisions A. Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in this title are continuing requirements for the use of any structure or parcel of real property in the City. B. Access plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. C. Joint access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided: Access, Egress, and Circulation 18.705-1 Code Update:10/02 • • 1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use;and 2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the City. D. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N. F. Required walkway location. On-site pedestrian walkways shall comply with the following standards: 1. Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; 2. Within all attached housing (except two-family dwellings) and multi-family developments, each residential dwelling shall be connected by walkway to the vehicular parking area,and common open space and recreation facilities; 3. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6- inch vertical separation(curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; 4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, other pervious paving surfaces, etc. Any pervious paving surface must be designed and maintained to remain well-drained. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. G. Inadequate or hazardous access. 1. Applications for building permits shall be referred to the Commission for review when, in the opinion of the Director,the access proposed: a. Would cause or increase existing hazardous traffic conditions; or Access, Egress, and Circulation 18.705-2 Code Update:10/02 • • b. Would provide inadequate access for emergency vehicles; or c. Would in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety,and general welfare. 2. Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be discouraged. Direct access to collector or arterial streets shall be considered only if there is no practical alternative way to access the site. If direct access is permitted by the City, the applicant will be required to mitigate for any safety or neighborhood traffic management (NTM) impacts deemed applicable by the City Engineer. This may include, but will not be limited to, the construction of a vehicle turnaround on the site to eliminate the need for a vehicle to back out onto the roadway. 3. In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street,other than an alley. Single-family and duplex dwellings are exempt from this requirement. H. Access Management 1. An access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs,sight distance and deceleration standards as set by ODOT, Washington County,the City and AASHTO(depending on jurisdiction of facility.) 2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage,the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical,the driveway shall be placed as far from the intersection as possible. 3. The minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. 4. The minimum spacing of local streets along a local street shall be 125 feet. Minimum access requirements for residential use. 1. Vehicular access and egress for single-family,duplex or attached single-family dwelling units on individual lots and multi-family residential uses shall not be less than as provided in Table 18.705.1 and Table 18.705.2; Access, Egress, and Circulation 18.705-3 Code Update:10/02 • • TABLE 18.705.1 VEHICULAR ACCESS/EGRESS REQUIREMENTS: RESIDENTIAL USE(6 OR FEWER UNITS) Number Dwelling Minimum Number of Minimum Access Width Minimum Pavement Unit/Lots Driveways Required Width 1 or 1 15' 10' 3-6 1 20' 20' TABLE 18.705.2 VEHICULAR ACCESS/EGRESS REQUIREMENTS: MULTI-FAMILY RESIDENTIAL USE Dwelling Units Minimum Number of Minimum Access Minimum Pavement Driveways Required Required Sidewalks,Etc. 1-2 - 1 15' 10' 3-19 1 30' 24' if two-way, 15' if one-way: Curbs and 5' walkway required 20-49 1 30' 24' if two-way or 2 30' 15' if one-way: Curbs and 5'walkway required 50-100 2 30' 24' Curbs and 5' walkway required 2. Vehicular access to multi-family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units; 3. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code; 4. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a. A circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; b. A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet;. c. The maximum cross slope of a required turnaround is 5%. 5. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet), may be required so as to reduce the need for excessive vehicular backing motions in situations where two vehicles traveling in opposite directions meet on driveways in excess of 200 feet in length; 6. Where permitted, minimum width for driveway approaches to arterials or collector streets shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for traffic exiting the site. J. Minimum access requirements for commercial and industrial use. Access, Egress, and Circulation 18.705-4 Code Update:10/02 • • 1. Vehicle access,egress and circulation for commercial and industrial use shall not be less than 21 as provided in Table 18.705.3; TABLE 18.705.3 VEHICULAR ACCESS/EGRESS REQUIREMENTS: COMMERCIAL AND INDUSTRIAL USES Required Parking. Minimum Number of Minimum Access Minimum Pavement Spaces Driveways Required Width 0-99 1 30' 24' curbs required 100+ 2 30' 24' curbs required or 1 50' 40' curbs required Access, Egress,and Circulation 18.705-5 Code Update:10/02 • • 2. Vehicular access shall be provided to commercial or industrial uses, and shall be located to within 50 feet of the primary ground floor entrances; 3. Additional requirements for truck traffic may be placed as conditions of site development review. K. One-way vehicular access points. Where a proposed parking facility indicates only one-way traffic flow on the site, it shall be accommodated by a specific driveway serving the facility; the entrance drive shall be situated closest to oncoming traffic and the exit drive shall be situated farthest from oncoming traffic. L. Director's authority to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: 1. To provide for increased traffic movement on congested streets and to eliminate turning movement problems,the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would: a. Cause or increase existing hazardous traffic conditions;or b. Provide inadequate access for emergency vehicles;or c. Cause hazardous conditions to exist which would constitute a clear and present danger to the public health,safety,and general welfare. 2. To eliminate the need to use public streets for movements between commercial or industrial properties, parking areas shall be designed to connect with parking areas on adjacent properties unless not feasible. The Director shall require access easements between properties where necessary to provide for parking area connections; 3. To facilitate pedestrian and bicycle traffic, access and parking area plans shall provide efficient sidewalk and/or pathway connections,as feasible,between neighboring developments or land uses; 4. A decision by the Director per 18.705.030 K.1.-3. above may be appealed by means of a Type II procedure, as regulated by Section 18.390.040, using criteria contained in Section 18.370.020 C3. (Ord. 02-33) Access, Egress, and Circulation 18.705-6 Code Update:10/02 • • Chapter 18.715 DENSITY COMPUTATIONS Sections: 18.715.010 Purpose 18.715.020 Density Calculation 18.715.030 Residential Density Transfer 18.715.010 Purpose A. Purpose. The purpose of this chapter is to implement the comprehensive plan by establishing the criteria for determining the number of dwelling units permitted. 18.715.020 Density Calculation A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the property to be developed: 1. All sensitive land areas: a. Land within the 100-year floodplain; b. Land or slopes exceeding 25%; c. Drainage ways; and d. Wetlands. e. Optional: Significant habitat areas, as designated on the City of Tigard "Significant Habitat Areas Map". 2. All land dedicated to the public for park purposes; 3. All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: a. Single-family development: allocate 20%of gross acreage; b. Multi-family development: allocate 15%of gross acreage. 4. All land proposed for private streets; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. B. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. Density Computations 18.715-1 11/26/98 • s C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80%(0.8). 18.715.030 Residential Density Transfer A. Rules governing residential density transfer. 1. The units per acre calculated by subtracting land areas listed in Section 18.715.020 A. la — c_ from the gross acres may be transferred to the remaining buildable land areas subject to the following limitations: 4- a. The number of units which can be transferred is limited to the number of units which would have been allowed on 25 percent of the unbuildable area if not for these regulations; and 27 b. The total number of units per site does not exceed 125 percent of the maximum number of units per gross acre permitted for the applicable comprehensive plan designation. 13- 2. • .. . . - _ - _ - - - • - Wetlands. Units per acre calculated by subtracting land areas listed in Section 18.715.0320 A. ld. from the gross acres may be transferred to the remaining buildable land areas on land zoned R-12, R-25, and R-40 subject to the following limitations: a. The number of units which can be transferred is limited to the number of units which would have been allowed on the wetland area, if not for these regulations; 2- b. The total number of units per site does not exceed the maximum number of units per gross acre permitted for the applicable comprehensive plan designation. 3. Significant Habitat Areas. The units per acre calculated by subtracting land areas listed in Section 18.715.020 A. 1 e., outside the Vegetated Corridor(as defined in the Clean Water Services Design and Construction Standards), from the gross acres may be transferred to the remaining buildable land areas subject to the following limitations: a. The number of units which can be transferred is limited to the number of units which would have been allowed on 100 percent of the significant habitat area, outside the Vegetated Corridor(as defined in the Clean Water Services Design and Construction Standards); and b. The total number of units per site does not exceed double the maximum number of units per gross acre permitted on the remaining buildable portion of the site for the applicable comprehensive plan designation. GB.Underlying development standards. All density transfer development proposals shall comply with the development standards of the applicable underlying zoning district unless developed under the provisions of Chapter 18.440, Planned Development. ■ Density Computations 18.715-2 11/26/98 • • Chapter 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS Sections: 18.765.010 Purpose 18.765.020 Applicability of Provisions 18.765.030 General Provisions 18.765.040 General Design Standards 18.765.050 Bicycle Parking Design Standards 18.765.060 Parking Structure Design Standards 18.765.070 Minimum and Maximum Off-Street Parking Requirements 18.765.080 Off-Street Loading Requirements 18.765.010 Purpose A. Insure adequate vehicle parking. These parking requirements are intended to provide sufficient vehicle parking in close proximity to the various uses for residents, customers and employees, and to establish standards which will maintain the traffic carrying-capacity of nearby streets. B. Adequate capacity. These regulations are also intended to establish vehicle parking areas which have adequate capacity and which are appropriately located and designed to minimize any hazardous conditions on the site and at access points. 18.765.020 Applicability of Provisions A. New construction. At the time of the erection of a new structure within any zoning district, off- street vehicle parking will be provided in accordance with Section 18.765.070. B. Expansion of existing use. At the time of an enlargement of a structure which increases the on-site vehicle parking requirements, off-street vehicle parking will be provided in accordance with Section 18.765.070 subject to the following: 1. On the date of adoption of this title, the number of vehicle parking and loading spaces required shall be based only on floor area or capacity of such enlargement; 2. If the minimum vehicle parking spaces required for the enlargement added to the existing on- site space exceed the maximum number of vehicle parking spaces allowed for the whole project per the maximum parking ratios established in 18.765.070, the applicant may reduce the additional number of spaces provided so that the total spaces on the site do not exceed the maximum spaces allowed. C. Change of use. When an existing structure is changed from one use to another use as listed in Section 18.765.070,the following provisions shall apply: 1. If the parking requirements for each use are the same, no additional vehicle parking shall be required; 2. Where a change results in an intensification of use in terms of the number of vehicle parking spaces required, additional vehicle parking spaces shall be provided in an amount equal to the Off-Street Parking and Loading Requirements 18.765-1 SE Update: 4/05 • • difference between the number of spaces required for the existing use and the number of spaces required for the more intensive use; 3. Where the change results in a decrease in intensity of use, the applicant may eliminate excess vehicle parking spaces in an amount equal to the difference between the number of spaces required for the existing use and the number of spaces required for the less intensive use. D. When site design review is not required. Where the provisions of Chapter 18.360, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter by means of a Type I review, as governed by Section 18.390.030. E. Building permit conditions. The provision and maintenance of off-street vehicle parking and loading spaces are the continuing obligation of the property owner: 1. No building or other permit shall be issued until plans are presented to the Director to show that property is and will remain available for exclusive use as off-street vehicle parking and loading space; and 2. The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of vehicle parking and loading space required by this title; 3. Required vehicle parking shall: a. Be available for the parking of operable passenger vehicles of residents, patron and employees only; b. Not be used for storage of vehicles or materials or for the parking of trucks used in conduct of the business or use; and c. Not be rented, leased or assigned to any other person or organization. 18.765.030 General Provisions A. Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. B. Location of vehicle parking_ The location of off-street parking will be as follows: 1. Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwelling(s); 2. Off-street parking lots for uses not listed above shall be located not further than 500 feet from the property line that they are required to serve, measured along the most direct, publicly accessible pedestrian route from the property line with the following exceptions: Off-Street Parking and Loading Requirements 18.765-2 SE Update: 4/05 • • a. Commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 500 feet from the primary site; b. The 40 parking spaces which remain on the primary site must be available for users in the following order of priority: 1) Disabled-accessible spaces; 2) Short-term spaces; 3) Long-term preferential carpool and vanpool spaces; 4) Long-term spaces. C. Joint parking. Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not overlay, subject to the following: 1. The size of the joint parking facility shall be at least as large as the number of vehicle parking spaces required by the larger(est) use per Section 18.765.070; 2. Satisfactory legal evidence shall be presented to the Director in the form of deeds, leases or contracts to establish the joint use; 3. If a joint use arrangement is subsequently terminated, or if the uses change,the requirements of this title thereafter apply to each separately. D. Parking in mixed-use projects. In mixed-use projects, the required minimum vehicle parking shall be determined using the following formula. 1. Primary use, i.e., that with the largest proportion of total floor area within the development, at 100%of the minimum vehicle parking required for that use in Section 18.765.060; 2. Secondary use, i.e., that with the second largest percentage of total floor area within the development, at 90%of the vehicle parking required for that use in Section 18.765.060; 3. Subsequent use or uses, at 80% of the vehicle parking required for that use(s) in Section 18.765.060; 4. The maximum parking allowance shall be 150% of the total minimum parking as calculated in D.1.-3. above. E. Visitor parking in multi-family residential developments. Multi-dwelling units with more than 10 required parking spaces shall provide an additional 15% of vehicle parking spaces above the minimum required for the use of guests of residents of the complex. These spaces shall be centrally located or distributed throughout the development. Required bicycle parking facilities shall also be centrally located within or evenly distributed throughout the development. F. Preferential long-term carpool/vanpool parking. Parking lots providing in excess of 20 long-term parking spaces shall provide preferential long-term carpool and vanpool parking for employees, Off-Street Parking and Loading Requirements 18.765-3 SE Update: 4/05 • • students and other regular visitors to the site. At least 5%of total long-term parking spaces shall be reserved for carpool/vanpool use. Preferential parking for carpools/vanpools shall be closer to the main entrances of the building than any other employee or student parking except parking spaces designated for use by the disabled. Preferential carpool/vanpool spaces shall be full-sized per requirements in Section 18.765.040.N and shall be clearly designated for use only by carpools and vanpools between 7:00 AM and 5:30 PM Monday through Friday. G. Disabled-accessible parking, All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. H. DEQ indirect source construction permit. All parking lots containing 250 spaces or parking structures containing two or more levels shall require review by the Oregon Department of Environmental Quality(DEQ)to: 1. Acquire an Indirect Source Construction Permit; 2. Investigate the feasibility of installing oil and grease separators.(Ord.02-13) 18.765.040 General Design Standards A. Maintenance of parking areas. All parking lots shall be kept clean and in good repair at all times. Breaks in paved surfaces shall be repaired promptly and broken or splintered wheel stops shall be replaced so that their function will not be impaired. B. Access drives. With regard to access to public streets from off-street parking: 1. Access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; 2. The number and size of access drives shall be in accordance with the requirements of Chapter, 18.705,Access, Egress and Circulation; 3. Access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives; 4. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; 5. Access drives shall be improved with an asphalt,er-concrete, or pervious paving surface. Any pervious paving surface must be designed and maintained to remain well-drained;and 6. Excluding single-family and duplex residences, except as provided by Subsection 18.810.030P, groups of two or more parking spaces shall be served by a service drive so that no backing • movements or other maneuvering within a street or other public right-of-way will be required. C. Loading/unloading driveways. A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading passengers shall be located on the site of any school or other meeting place which is designed to accommodate more than 25 people at one time. Off-Street Parking and Loading Requirements 18.765-4 SE Update: 4/05 • • D. On-site vehicle stacking for drive-in use. 1. All uses providing drive-in services as defined by this title shall provide on the same site a stacking lane for inbound vehicles as noted in Table 18.765.1. TABLE 18.765.1 STACKING LANE REQUIREMENTS FOR USES WITH DRIVE-IN WINDOWS Use Reservoir Requirement Drive-in banks . 150 feet/service terminal Automated teller 50 feet/service terminal machines Drive-up telephones 50 feet Drive-in cleaners,repair services 50 feet Drive-in restaurants 200 feet Drive-in theaters 200 feet Gasoline sery ice 75 feet between curb cut and nearest pump Mechanical car washes 75 feet/washing unit Parking facilities: - Free flow entry 25 feet/entry driveway - Ticket dispense entry 50 feet/entry driveway - Manual ticket dispensing 100 feet/entry driveway - Attendant parking 100 feet 2. The Director may reduce the length of the inbound stacking lane by means of a adjustment to be reviewed through a Type I procedure, as governed by Section 18.320.300, using approval criteria contained in Section 18.370.020.C.5.g. 3. Stacking lanes must be designed so that they do not interfere with parking and vehicle, pedestrian and bicycle circulation. Stacking lanes for the purpose of selling food must provide at least one clearly marked parking space per service window for the use of vehicles waiting for an order to be filled. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030.N. F. Pedestrian access. Pedestrian access through parking lots shall be provided in accordance with Section 18.705.030.F. Where a parking area or other vehicle area has a drop-off grade separation, the property owner shall install a wall, railing, or other barrier which will prevent a slow-moving vehicle or driverless vehicle from escaping such area and which will prevent pedestrians from walking over drop-off edges. G. Parking lot landscaping. Parking lots shall be landscaped in accordance with the requirements of Chapter 18.745. Off-Street Parking and Loading Requirements 18.765-5 SE Update: 4/05 • • H. Parking space surfacing. 1. Except for single-family and duplex residences, and for temporary uses or fleet storage areas as authorized in 18.765.040.H.3 and 4 below, all areas used for the parking or storage or maneuvering of any vehicle, boat or trailer shall be improved with asphalt, of concrete, or pervious paving surfaces;. Any pervious paving surface must be designed and maintained to remain well-drained; 2. Off-street parking spaces for single and two-family residences shall be improved with an asphalt,ef concrete,or pervious paving surfacet.Anv pervious paving surface must be designed and maintained to remain well-drained; 3. Parking areas to be used primarily for the storage of fleet vehicles or construction equipment may be surfaced in gravel when authorized by the approval authority at the time the site development approval is given. The Director may require that the property owner enter into an agreement to pave the parking area: a) within a specified period of time after establishment of the parking area; or b) if there is a change in the types or weights of vehicles utilizing the parking area; or c) if there is evidence of adverse effects upon adjacent roadways, water courses, or properties. Such an agreement shall be executed as a condition of approval of the plan to establish the gravel parking area. Gravel-surfaced parking areas may only be permitted consistent with the following: a. Gravel parking areas shall not be permitted within 100 feet of any residentially-zoned or residentially-developed area; b. Gravel access and/or parking areas shall not be allowed within 100 feet of any water course; c. Gravel parking areas shall not be allowed within 100 feet of any public right-of-way; and d. A driveway which connects a gravel parking area with any public street shall be paved. 4. Parking areas to be used in conjunction with a temporary use may be surfaced in gravel when authorized by the approval authority at the time the permit is approved. The approval authority shall consider the following in determining whether or not the gravel-surfaced parking is warranted: a. The request for consideration to allow a parking area in conjunction with the temporary use shall be made in writing concurrently with the Temporary Use application per the requirements of Section 18.385.050; b. The applicant shall provide documentation that the type of temporary use requested will not be financially viable if the parking space surface area requirement is imposed;and c. Approval of the gravel-surfaced parking area will not create adverse conditions affecting safe ingress and egress when combined with other uses of the property. I. Parking lot striping. Off-Street Parking and Loading Requirements 18.765-6 SE Update: 4/05 • • 1. Except for single-family and duplex residences, any area intended to be used to meet the off- street parking requirements as contained in this chapter shall have all parking spaces clearly marked;and 2. All interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. J. Wheel stops. Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. K. Drainage. Off-street parking and loading areas shall be drained in accordance with specifications approved by the City Engineer to ensure that ponds do not occur except for single-family and duplex residences, off-street parking and loading facilities shall be drained to avoid flow of water across public sidewalks. L. Lighting. A lights providing to illuminate any public or private parking area or vehicle sales area shall be arranged to direct the light away from any adjacent residential district. M. Signs. Signs which are placed on parking lots shall be designed and installed in accordance with Chapter 18.780, Signs. Off-Street Parking and Loading Requirements 18.765-7 SE Update: 4/05 • • N. Space and aisle dimensions. (Figure 18.765.1) FIGURE 18.765.1 OFF-STREET SURFACE PARKING MATRIX Required Space and Aisle Dimensions in Feet COMPACT STANDARD A B C D E F G B C D E F G 7.50 15.5 13.0 10.61 44.0 2.0 8.5 17.5 13.0 12.0 48.0 2.0 7.75 15.5 12.0 10.96 43.0 2.0 9.0 17.5 12.0 12.7 47.2 2.0 45° 7.75 15.5 11.0 10.96 42.0 2.0 9.5 17.5 11.0 13.4 46.0 2.0 8.00 15.5 11.0 11.32 42.0 2.0 10.0 17.5 11.0 14.1 46.0 2.0 7.50 17.0 18.0 8.62 48.0 2.5 8.5 19.0 18.0 9.80 56.0 2.5 7.75 17.0 16.0 9.01 46.0 2.5 9.0 19.0 16.0 10.4 54.0 2.5 60° 7.75 17.0 15.0 9.01 54.0 2.5 9.5 19.0 15.0 11.0 53.0 2.5 8.00 17.0 14.0 9.20 44.0 2.5 10.0 19.0 14.0 11.6 52.0 2.5 7.50 17.5 25.5 7.73 60.5 2.5 8.5 19.5 25.5 8.80 64.0 2.5 7.75 17.5 23.0 7.99 58.0 2.5 9.0 19.5 23.0 9.30 62.0 2.5 750 7.75 17.5 22.0 7.99 57.0 2.5 9.5 19.5 22.0 9.80 61.0 2.5 8.00 17.5 21.0 8.25 56.0 2.5 10.0 19.5 21.0 10.3 60.0 2.5 7.50 16.5 28.0 7.50 61.0 3.0 8.5 18.5 28.0 8.50 65.0 3.0 7.75 16.5 26.0 7.75 60.0 3.0 9.0 18.5 26.0 9.00 63.0 3.0 90° 7.75 16.5 25.0 7.75 59.0 3.0 9.5 18.5 25.0 9.50 62.0 3.0 8.00 16.5 24.0 8.00 58.0 3.0 10.0 18.5 24.0 10.0 61.0 3.0 Stall width dimensions may be distributed as follows: 50%standard spaces,50% compact spaces. All compact spaces shall be labeled as such. A A Parking Angle B Stall Width B C Stall Depth(no bumper overhang) E T D Aisle Width Between Stall Lines(5) F 0 E Stall Width Parallel to Aisle 1 F Module Width(no bumper overhang) T G Bumper Overhang C • Off-Street Parking and Loading Requirements 18.765-8 SE Update: 4/05 • • 1. Except as modified for angled parking in Figures 18.765.1 and 18.765.2, the minimum dimensions for parking spaces are: a. 8.5' x 18.5' fora standard space; b. 7.5' x 16.5' for a compact space; and c. As required by applicable State of Oregon and federal standards for designated disabled person parking spaces; d. The width of each parking space includes a stripe which separates each space. 2. Aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width; 3. Minimum standards for a standard parking stall's length and width, aisle width, and maneuvering space shall be determined as noted in Figure 18.765.2. Off-Street Parking and Loading Requirements 18.765-9 SE Update: 4/05 • • FIGURE 18.765.2 PARKING STRUCTURE MATRIX Required Space and Aisle Dimensions in Feet COMPACT Interlock Vehicle Angle Reduction Overhang Projection Width Module Widths A B C D E F G H I J 450 2.0 1.41 15.25 11.5 26.75 42.0 40.0 38.0 39.16 60° 1.41 1.75 16.08 13.33 29.66 46.0 44.58 43.16 42.5 750 0.75 1.91 16.5 16.0 32.5 49.0 48.25 47.5 45.16 90° 0.0 2.0 15.5 20.0 35.5 51.0 51.0 51.0 47.0 STANDARDS Interlock Vehicle Angle Reduction Overhang Projection Width Module Widths A B C D E F G H I J 45° 2.4 2.08 18.0 13.0 31.0 49.0 46.66 46.33 44.83 60° 1.66 2.58 19.5 16.0 35.5 55.0 51.33 51.66 49.16 750 0.83 2.91 19.75 20.0 39.75 59.5 58.66 57.83 53.66 90° 0.0 3.0 18.66 24.66 43.33 62.0 62.0 62.0 56.0 A Parking angle F . B Interlock reduction SL C Overhang clearance D Projected vehicle length a-p1 measured perpendicular to aisle ./ . I E Aisle width A F Parking module width(wall to wall),single loaded aisle ��'% E AO- G G Parking module width(wall to '• wall),double loaded aisle G . • H Parking module width(wall to H interlock),double loaded aisle - I Parking module width(interlock to . 8 interlock),double loaded aisle i .da. J Parking module width(curb to curb),double loaded aisle SL Stall Length SW Stall Width WP Stall width parallel to aisle C CURH Off-Street Parking and Loading Requirements 18.765-10 SE Update: 4/05 • • 18.765.050 Bicycle Parking Design Standards A. Location and access. With regard to the location and access to bicycle parking: 1. Bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; 2. Bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; 3. Outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to located the parking area; 4. Bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. B. Covered parking spaces. 1. When possible,bicycle parking facilities should be provided under cover. 2. Required bicycle parking for uses served by a parking structure must provide for covered bicycle parking unless the structure will be more than 100 feet from the primary entrance to the building, in which case, the uncovered bicycle parking may be provided closer to the building entrance. C. Design requirements. The following design requirements apply to the installation of bicycle racks: 1. The racks required for required bicycle parking spaces shall ensure that bicycles may be securely locked to them without undue inconvenience. Provision of bicycle lockers for long- term(employee)parking is encouraged but not required; 2. Bicycle racks must be securely anchored to the ground,wall or other structure; 3. Bicycle parking spaces shall be at least 2'/2 feet by six feet long, and, when covered, with a vertical clearance of seven feet. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking; 4. Each required bicycle parking space must be accessible without moving another bicycle; 5. Required bicycle parking spaces may not be rented or leased except where required motor vehicle parking is rented or leased. At-cost or deposit fees for bicycle parking are exempt from this requirement; 6. Areas set aside for required bicycle parking must be clearly reserved for bicycle parking only. Off-Street Parking and Loading Requirements 18.765-11 SE Update: 4/05 • • D. Paving. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e., pavers, asphalt, concrete, other pervious paving surfaces,or similar material. This surface must be designed and maintained to remained well-drained. E. Minimum bicycle parking requirements. The total number of required bicycle parking spaces for each use is specified in Table 18.768.2 in Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces. Single-family residences and duplexes are excluded from the bicycle parking requirements. The Director may reduce the number of required bicycle parking spaces by means of an adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.e. 18.765.060 Parking Structure Design Standards A. Ground-floor windows/wall openings. All parking structures shall provide ground floor windows or wall openings along the street frontages. Blank walls are prohibited. Any wall facing the street shall contain windows, doors or display areas equal to at least 20% of the ground floor wall area facing the street excluding those portions of the face(s) devoted to driveway entrances and exits, stairwells, elevators, and centralized payment booths. Required windows shall have a sill no more than four(4) feet above grade. Where the interior floor level prohibits such placement,the sill may be raised to allow it to be no more than two (2) feet above finished floor wall up to a maximum sill height of six(6) feet above grade. B. Exit warning bell. A warning bell or other signal must be provided for exits from parking structures that cross public sidewalks where a standard vision clearance area cannot be provided. C. Other standards. Parking structures must comply with all standards of the Uniform Building Code for the State of Oregon as it pertains to structural design, ventilation, lighting and fire/safety requirements and disabled accessibility. D. Parking layout and internal circulation. The layout of parking within a parking structure shall be subject to the requirements contained in Figure 18.765.2. An applicant may request approval of an alternative layout and internal circulation by means of a Type II adjustment, as governed in Section 18.370.010, using the approval criteria in Section 18.370.020.C.5.f. 18.765.070 Minimum and Maximum Off-Street Parking Requirements A. Parking requirements for unlisted uses. 1. The Director may rule that a use, not specifically listed in Section 18.765.070.H, is a use similar to a listed use and that the same parking standards shall apply. If the applicant requests that the Director's decision be rendered in writing, it shall constitute a Director's Interpretation, as governed by Section 18.340; 2. The Director shall maintain a list of approved unlisted use parking requirements which shall have the same effect as an amendment to this chapter. B. Choice of parking requirements. When a building or use is planned or constructed in such a manner that a choice of parking requirements could be made, the use which requires the greater number of parking spaces shall govern. Off-Street Parking and Loading Requirements 18.765-12 SE Update: 4/05 • • C. Measurements. The following measurements shall be used in calculating the total minimum number of vehicle parking spaces required in Section 18.765.070.H: 1. Fractions. Fractional space requirements shall be counted as a whole space; 2. Employees. Where employees are specified for the purpose of determining the minimum vehicle parking spaces required, the employees counted are those who work on the premises during the largest shift at the peak season; 3. Students. When students are specified for the purpose of determining the minimum vehicle parking spaces required, the students counted are those who are on the campus during the peak period of the day during a typical school term; 4. Space. Unless otherwise specified, where square feet are specified, the area measured shall be gross floor area under the roof measured from the faces of the structure, excluding only space devoted to covered off-street parking or loading. D. Exclusions to minimum vehicle parking requirements. The following shall not be counted towards the computation of the minimum parking spaces as required in Section 18.765.070.H: 1. On-street parking. Parking spaces in the public street or alley shall not be eligible as fulfilling any part of the parking requirement except; Religious Institutions may count on-street parking around the perimeter of the use provided that the following criteria have been satisfied: a. The on-street parking is on a street that is designed and physically improved to accommodate parking within the right-of-way; b. The street where on-street parking is proposed is not located on local residential streets. 2. Fleet parking. Required vehicle parking spaces may not be used for storage of fleet vehicles, except when a use can show that employee and fleet parking spaces are used interchangeably, e.g., the employee drives the fleet vehicle from home, or the spaces are used for fleet storage only at night and are available for employee use during the day. For the purposes of this title, space exclusively devoted to the storage of fleet vehicles will be considered as outdoor storage. E. Exceptions to maximum parking standards. When calculating the maximum vehicle parking allowed as regulated by Section 18.765.080.H,the following exception shall apply: 1. The following types of parking shall not be included: a. Parking contained in a parking structure either incorporated into a building or free- standing; b. Market-rate paid parking; c. Designated carpool and/or vanpool spaces; d. Designated disabled-accessible parking spaces; e. Fleet parking. Off-Street Parking and Loading Requirements 18.765-13 SE Update: 4/05 • 2. If application of the maximum parking standard would result in less than six parking spaces for a development with less than 1,000 gross square feet of floor area, the development shall be allowed up to six parking spaces. If application of the maximum parking standard would result in less than 10 vehicle parking spaces for a development between 1,000 and 2,000 gross square feet,the development will be allowed up to 10 vehicle parking spaces. F. Reductions in minimum required vehicle parking. Reductions in the required number of vehicle parking spaces may be permitted as follows: 1. The Director may reduce off-street vehicle parking spaces per Section 18.765.070.H by up to 20% in new developments for the incorporation of transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented developments and other transit-related development through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.b. Applicants who qualify for this adjustment may also apply for further parking reductions per 18.765.070.F.2. below; 2. The Director may reduce the total required off-street vehicle parking spaces per Section 18.765.070.H by up to a total of 20%by means of parking adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.a. 3. The Director is authorized to reduce up to 10% of existing required parking spaces at a conversion ratio of one parking space for each 100 square feet of transit facility for developments which incorporate transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or other transit-related facilities through a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.370.020.C.5.c. G. Increases in maximum required vehicle parking. The Director may increase the total maximum number of vehicle spaces allowed in Section 18.765.070.H by means of a parking adjustment to be reviewed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in section 18.370.020.C.5.d. H. Specific requirements. (See Table 18.765.2)(Ord. 02-13) 18.765.080 Off-Street Loading Requirements A. Off-street loading spaces. Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: 1. A minimum of one loading space is required for buildings with 10,000 gross square feet or more; 2. A minimum of two loading spaces for buildings with 40,000 gross square feet or more. B. Off-street loading dimensions. 1. Each loading berth shall be approved by the City Engineer as to design and location; Off-Street Parking and Loading Requirements 18.765-14 SE Update: 4/05 • • 2. Each loading space shall have sufficient area for turning and maneuvering of vehicles on the site. At a minimum, the maneuvering length shall not be less than twice the overall length of the longest vehicle using the facility site; 3. Entrances and exits for the loading areas shall be provided at locations approved by the City Engineer in accordance with Chapter 18.710; 4. Screening for off-street loading facilities is required and shall be the same as screening for parking lots in accordance with Chapter 18.745. Off-Street Parking and Loading Requirements 18.765-15 SE Update: 4/05 Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirements MAXIMUM111 MINIMUM ZONE A I ZONE B I BICYCLEt�1 RESIDENTIAL • Household Living Single Units,Attached See Multifamily(M) none(M) none(M) none Single Units,Detached 1.0/DU none(M) none(M) none Accessory Units 1.0/DU none none none Duplexes none Multifamily Units DU<500 sq ft: 1.0/DU(M) none(M) none(M) 1.0/2 DUs except elderly, • 1 bedroom: 1.25/DU(M) which is 1.0/20 DUs 2 bedroom: 1.5/DU(M) 3 bedroom: 1.75/DU(M) Manufactured Units 1.0/DU(M) none(M) none(M) none Mobile Home Parks 1.0/DU(M) none(M) _ none(M) none Group Living 1.0/room none none 1.0/5 beds 1.0/2.5 beds 2.7/1,0001'1 _ none Transitional Housing 1.0/2.5 beds none none 1.0/5 beds Home Occupation none none none none CIVIC Basic Utilities none none none none Colleges 1.0/5 students/staff(M) 1.0/3.3 students/staff(M) 1.0/3.3 students/staff(M) 1.0/3.0 students/staff Community Recreation 2.0/1,000 2.5/1,000 4.0/1,000 0.3/1,000 Cultural Institutions 2.5/1,000 3.5/1,000 4.5/1,000 • 1.0/1,000 Day Care Home:none none none Home:none Commercial:2.0/classroom 2.7/1,000 3.2/1,000 Commercial: 1.5/classroom • Emergency Services 3.0/1,000 3.5/1,000 _ 4.5/1,000 0.5/1,000 Medical Centers 2.0/1,000141 2.7/1,000141 3.2/1,000(41 0.2/1,000 NA: Not Addressed 1I1 To be determined by the City of Tigard based on Metro criteria. DU: Dwelling Unit 1 21 Required bicycle parking shall be required per the ratios below except in no case shall there be fewer than two space provided. (M): Metro Requirement 131 Refers to 1,000 sq.ft.of floor area,unless otherwise noted. 141 Does not include outpatient clinics or medical offices;see Medical/Dental Offices. Off-Street Parking and Loading Requirements 18.765-16 SE: 4/05 Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirements(Cont.) MAXIMUM[ MINIMUM ZONE A ZONE B BICYCLE2 Postal Services 2.5/1,000 3.0/1,000 4.5/1,000 0.3/1,000 Public Support Facilities none none none none Religious Institutions 1.0/3161 seats in main assembly 1.0/1.7 seats in main assembly 1.0/1.3 seats in main assembly 1.0/20 seats in main assembly area(M) area(M) area(M) area Schools Preschool:5.0+1/classroom Preschool: 7.0+1.0 classroom Preschool: 10.0+1/classroom Preschool: 1.0/classroom Elementary/JR: 2.0/classroom Elementary/JR: 2.5/classroom Elementary/JR: 3.5/classroom Elementary/JR: 6.0/classroom SR: 1.0/5 students/staff(M) SR: 1.0/3.3 students/staff(M) SR: 1.0/3.3 students/staff(M) SR: 6.0/classroom Social/Fraternal Clubs/Lodges 10.0/1,000 main assembly area 12.0/1,000 main assembly area 14.0/1,000 main assembly area 2.0/1,000 main assembly area COMMERCIAL 151 • Commercial Lodging 1.0/room I.2/room 1.4/room 1.0/10 rooms Eating and Drinking Fast food:9.9/1,000(M) 12.4/1,000(M) 14.9/1,000(M) All: 1.0/1,000 Establishments other: 15.3/1,000(M) 19.1/1,000(M) 23.0/1,000(M) Entertainment-Oriented Major Event Entertainment 1.0/3 seats or 1.0/6' bench 1.0/2.5 seats or 1.0/2 seats or 1.0/10 seats or 40'bench 1.0/5'bench 1.0/4'bench Outdoor Entertainment 4.0/1,000(M) 4.5/1,000 5.0/1,000 0.4/1,000 Indoor Entertainment 4.3/1,000(M) 5.4/1,000(M) 6.5/1,000(M) 0.5/1,000 Theater: 1.0/3 seats(M) Theater: 1.0/2.5 seats(M) Theater 1.0/2.0 seats(M) 1.0/10 seats Adult Entertainment 2.5/1,000 3.5/1,000 4.5/1,000 0.5/1,000 1.0/3 seats(M) 1.0/1.25 seats(M) 1.0/2.0 seats(M) 1.0/20 seats General Retail Sales-Oriented 3.7/1,000(M) 5.1/1,000(M) 6.2/1,000(M) 0.3/1,000 Personal Services 2.5/1,000 3.0/1,000 4.5/1,000 1.0/1,000 Bank with drive in:4.3/1,000(M) 5.4/1,000(M) 6.5/1,000(M) 1.0/1,000 Repair-Oriented 3.3/1,000 4.0/1,000 4.5/1,000 0.3/1,000 •Bulk Sales 1.0/1,000 but no less than 10.0 1.3/1,000 2.0/1,000 0.3/1,000 Outdoor Sales 1.0/1,000 sales area 1.3/1,000 sales area 2.0/1,000 sales area 0.1/1,000 sales area Animal-Related 3.3/1,000 4.0/1,000 4.5/1,000 0.3/1,000 151Existing buildings directly abutting Main Street are not required to add additional off-street parking for a change of use except for entertainment uses. New buildings or existing buildings that undergo remodeling provided the original square footage of the buildings remain the same also are not required to add additional off-street parking. Entertainment uses and construction of new buildings abutting Main Street require parking according to the standards of Table 18.765.2. 161Religious Institutions may provide I space for every 4 seats on site in the main assembly area provided that they supply the city with a parking plan that demonstrates that the peak parking demand of I space for every 3 seats is met utilizing any combination of the alternatives mentioned in this chapter. Adjustments to the minimum parking of I space for every 3 seats may be granted per applicable provisions of the code,but shall not decrease the amount of required on-site parking to less than I space for every 4 seats(unless the cumulative value of all adjustments granted results in an adjusted requirement of less than I space for every 4 seats). Off-Street Parking and Loading Requirements 18.765-17 SE: 4/05 Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirements(Cont.) MAXIMUMI MINIMUM ZONE A ZONE B BICYCLE2 Motor Vehicle Related Motor Vehicle Sales/Rental 1.0/1,000 but no less than 4.0 1.3/1,000 but no less than 4.0 2.0/1,000 but no less than 4.0 0.2/1,000 sales area Motor Vehicle Servicing/Repair 2.0/1,000 but no less than 4.0 2.3/1,000 but no less than 4.0 2.6/1,000 but no less than 4.0 0.2/1,000 Vehicle Fuel Sales 3.0+2.0/service bay 4.0+2.0/service bay 4.0+2.5/service bay 0.2/1,000 Office 2.7/1,000(M) 3.4/1,000(M) 4.1/1,000(M) 0.5/1,000 • 3.9/1,000(M) 4.9/1,000(M) 5.9/1,000(M) 0.4/1,000 Self-Service Storage 1.0/4 storage units 1.0/4 stora a units 1.0/2 storage units 1.0/40 storage units Non-Accessory Parking _ none none none none INDUSTRIAL Industrial Services 0.8/1,000 1.2/1,000 1.8/1,000 0.1/1,000 Manufacturing and Production Light Industrial 1.6/1,000(M) none none 0.1/1,000 General Industrial 1.6/1,000(M) none none 0.1/1,000 Heavy Industrial 1.6/1,000(M) none none 0.1/1,000 Railroad Yards none none none none Research and Development 2.0/1,000 3.0/1,000 3.8/1,000 0.5/1,000 Warehouse/Freight Movement <150,000 sq ft:0.5/1,000 0.8/1,000 1.2/1,000 0.1/1,000 >150,000 sq ft:0.3/1,000(M) 0.4/1,000(M) 0.5/1,000(M) Waste-Related 5.0 7.0 10.0 none Wholesale Sales 0.8/1,000 1.2/1,000 1.8/1,000 0.1/1,000 • Off-Street Parking and Loading Requirements 18.765-18 SE: 4/05 Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirements(Cont.) MAXIMUM' MINIMUM ZONE A I ZONE B I BICYCLE2 OTHER _ Agriculture/Horticulture 2.5/1,000 sales area but no less none none none than 4.0 Cemeteries Exempt Exempt Exempt none Detention Facilities 1.0/2.5 beds none none 1.0/2.5 beds Heliports none none none none Mining <5.0 none none none • Wireless Communication none none none none Facilities Rail Lines/Utility Corridors none none none none (Ord. 02-13) • • Off-Street Parking and Loading Requirements 18.765-19 SE: 4/05 • • Chapter 18.775 SENSITIVE LANDS Sections: 18.775.010 Purpose 18.775.020 Applicability of Uses: Permitted,Prohibited,and Nonconforming 18.775.030 Administrative Provisions 18.775.040 General Provisions for Floodplain Areas 18.775.050 General Provisions for Wetlands 18.775.060 Expiration of Approval: Standards for Extension of Time 18.775.070 Sensitive Land Permits 18.775.080 Application Submission Requirements 18.775.090 Special Provisions for Development Along the Tualatin River,Fanno Creek, Ball Creek,and the South Fork of Ash Creek 18.775.100 Adjustments to Underlying Zone Setback Standards 18.775.110 Density Transfer 18.775.120 Variances to Section 18.775.090 Standards 18.775.130 Plan Amendment Option 18.775.010 Purpose A. Maintain integrity of rivers, streams, and creeks. Sensitive land regulations contained in this chapter • are intended to maintain the integrity of the rivers, streams, and creeks in Tigard by minimizing erosion, promoting bank stability, maintaining and enhancing water quality, and fish and wildlife habitats, and preserving scenic quality and recreation potential. B. Implement comprehensive plan and floodplain management program. The regulations of this chapter are intended to implement the comprehensive plan and the city's flood plain management program as required by the National Flood Insurance Program, and help to preserve natural sensitive land areas from encroaching use and to maintain the February 18,2005,zero-foot rise floodway elevation. C. Implement Clean Water Service(CWS) Design and Construction Standards. The regulations of this chapter are intended to protect the beneficial uses of water within the Tualatin River Basin in accordance with the CWS"Design and Construction Standards", as adopted February 7,2000. D. Implement the Metro Urban Growth Management Functional Plan. The regulations of this chapter are intended to protect the beneficial water uses and functions and values of resources within water quality and flood management areas and to implement the performance standards of the Metro Urban Growth Management Functional Plan. E. Implement Statewide Planning Goal 5 (Natural Resources). The regulations in this chapter are intended to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule pertaining to wetland and riparian corridors. F. Protect public health, safety, and welfare. Sensitive land areas are designated as such to protect the public health, safety, and welfare of the community through the regulation of these sensitive land areas. Sensitive Lands 18.775-1 Code Update: 4/05 • G. Location. Sensitive lands are lands potentially unsuitable for development because of their location within: I. The 100-year floodplain or 1996 flood inundation line, whichever is greater; 2. Natural drainageways; 3. Wetland areas which are regulated by the other agencies including the U.S. Army Corps of Engineers and the Division of State Lands,or are designated as significant wetland on the City of Tigard"Wetland and Stream Corridors Map";arid 4. Steep slopes of 25%or greater and unstable ground. (Ord.05-01);and 5. Significant fish and wildlife habitat areas designated on the City of Tigard "Significant Habitat Areas Map". Precise boundaries may vary from those shown on the map; specific delineations shall be conducted in accordance with the methodology in Section 18.775.140. 18.775.020 Applicability of Uses: Permitted,Prohibited,and Nonconforming A. CWS Stormwater Connection Permit. All proposed "development", must obtain a Stormwater Connection Permit from CWS pursuant to its "Design and Construction Standards". As used in this chapter, the meaning of the word "development" shall be as defined in the CWS "Design and Construction Standards": All human-induced changes to improved or unimproved real property including: I. Construction of structures requiring a building permit, if such structures are external to existing structures; 2. Land division; 3. Drilling; 4. Site alterations resulting from surface mining or dredging; 5. Grading; 6. Construction of earthen berms; 7. Paving; 8. Excavation;or 9. Clearing when it results in the removal of trees or vegetation which would require a permit from the local jurisdiction or an Oregon Department of Forestry tree removal permit. 10. The following activities are not included in the definition of development: a. Farming activities when conducted in accordance with accepted farming practices as defined in ORS 30.930 and under a Senate Bill 1010 water quality management plan; Sensitive Lands 18.775-2 Code Update: 4/05 • • b. Construction, reconstruction,or modification of a single family residence on an existing lot of record within a subdivision that was approved by the City or County after September 9, 1995 ' (from ORS 92.040(2)); and c. Any development activity for which land use approvals have been issued pursuant to a land use application submitted to the City or County on or before February 4, 2000, and deemed complete or before March 15,2000. B. Outright permitted uses with no permit required. Except as provided below and by Sections 18.775.020.D, 18.775.020.F, and 18.775.020.G, the following uses are outright permitted uses within the 100-year floodplain, drainageways, slopes that are 25% or greater, and unstable ground when the use does not involve paving. For the purposes of this chapter, the word "structure" shall exclude: children's play equipment, picnic tables, sand boxes, grills, basketball hoops and similar recreational equipment. 1. Accessory uses such as lawns, gardens, or play areas; except in (a) a Water Quality Sensitive Area or Vegetated Corridor, as defined in the CWS "Design and Construction Standards", or (b) the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.775.090. 2. Farm uses conducted without locating a structure within the sensitive land area; except in (a) a Water Quality Sensitive Area or Vegetative Corridor, as defined in CWS "Design and Construction Standards", or (b) the Statewide Goal 5 vegetated corridor established for the Tualatin River,as defined in Section 18.775.090. 3. Community recreation uses, excluding structures; except in (a) a Water Quality Sensitive Area or Vegetated Corridor, as defined in the CWS "Design and Construction Standards", or (b) the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.775.090. 4. Public and private conservation areas for water,soil,open space, forest,and wildlife resources. 5. Removal of poison oak,tansy ragwort,blackberry, English ivy,or other noxious vegetation. 6. Maintenance of floodway excluding re-channeling; except in (a) a Water Quality Sensitive Area or Vegetated Corridor, as defined in the CWS "Design and Construction Standards", or (b) the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.775.090. 7. Fences; except in (a) the floodway area, (b) a Water Quality Sensitive Area or Vegetated Corridor, as defined in the CSW "design and Construction Standards", or(c) the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.775.090. 8. Accessory structures which are less than 120 square feet in size; except in (a) the floodway area, (b) a Water Quality Sensitive Area or Vegetative Corridor, as defined in the CWS "Design and Construction Standards", or (c) the Statewide Goal 5 vegetated corridor established for the Tualatin River,as defined in Section 18.775.090. 9. Land form alterations involving up to 10 cubic yards of material; except in (a)the floodway area, (b) a Water Quality Sensitive Area or Vegetative Corridor, as defined in the CWS "Design and Sensitive Lands 18.775-3 Code Update: 4/05 • • Construction Standards", or (c) the Statewide Goal 5 vegetated corridor established for the Tualatin River,as defined in Section 18.775.090. C. Exemptions. When performed under the direction of the City, or in coordination with the City to implement the Clean Water Services Healthy Streams Plan, and in compliance with the provisions of the City of Tigard Standards and Specifications for Riparian Area Management, on file in the Engineering Division, and Clean Water Services Design and Construction Standards, the following shall be exempt from the provisions of this section: 1. Responses to public emergencies, including emergency repairs to public facilities; 2. Stream and wetlands restoration and enhancement programs; 3. Non-native vegetation removal; 4. Planting of native plant species;and 5. Routine maintenance or replacement of existing public facilities projects. D. Jurisdictional wetlands. Landform alterations or developments which are only within wetland areas that meet the jurisdictional requirements and permit criteria of the U.S. Army Corps of Engineers, Division of State Lands, CWS,and/or other federal,state,or regional agencies, and are not designated as significant wetlands on the City of Tigard"Wetland and Streams Corridors Map", do not require a sensitive lands permit. The City shall require that all necessary permits from other agencies are obtained. All other applicable City requirements must be satisfied, including sensitive land permits for areas within the 100-year floodplain, slopes of 25% or greater or unstable ground, drainageways, and wetlands which are not under state or federal jurisdiction. E. Administrative sensitive lands review. 1. Administrative sensitive lands permits in the 100-year floodplain, drainageway, slopes that are 25% or greater, and unstable ground shall be obtained from the appropriate community development division for the following: a. The City Engineer shall review the installation of public support facilities such as underground utilities and construction of roadway improvements including sidewalks, curbs, streetlights, and driveway aprons by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Chapter; b. The City Engineer shall review minimal ground disturbance(s) or landform alterations involving 10 to 50 cubic yards of material,except in the floodway area, for land that is within public easements and rights-of-way by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Chapter; c. The Director shall review minimal ground disturbance(s)or landform alterations involving 10 to 50 cubic yards of material, except in the floodway area by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Chapter; d. The Director shall review the repair, reconstruction, or improvement of an existing structure or utility, the cost of which is less than 50 percent of the market value of the structure prior Sensitive Lands 18.775-4 Code Update: 4/05 • • to the improvement or the damage requiring reconstruction provided no development occurs in the floodway by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Chapter; e. The Building Official shall review building permits for accessory structures which are 120 to 528 square feet in size,except in the floodway area;and f. The Director shall review applications for paving on private property, except in the floodway area by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Chapter. 2. The responsible community development division shall approve, approve with conditions, or deny an application for a development permit, as described above, based on the standards set forth in Sections 18.775.050, 18.775.070,and 18.775.080. F. Sensitive lands permits issued by the Director. 1. The Director shall have the authority to issue a sensitive lands permit in the following areas by means of a Type II procedure, as governed in Section 18.390.040, using approval criteria contained in Section 18.775.070: a. Drainageways; b. Slopes that are 25%or greater or unstable ground;and c. Wetland areas which are not regulated by other local, state, or federal agencies and are designated as significant wetlands on the City of Tigard "Wetland and Streams Corridors Map". 2. Sensitive lands permits shall be required for the areas in Section 18.775.020.F.1 above when any of the following circumstances apply: a. Ground disturbance(s) or land form alterations involving more than 50 cubic yards of material; b. Repair, reconstruction, or improvement of an existing structure or utility, the cost of which equals or exceeds 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction; c. Residential and non-residential structures intended for human habitation; and d. Accessory structures which are greater than 528 square feet in size, outside floodway areas. G. Sensitive lands permits issued by the Hearings Officer. 1. The Hearings Officer shall have the authority to issue a sensitive lands permit in the 100-year floodplain by means of a Type ILIA procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.775.070. 2. Sensitive lands permits shall be required in the 100-year floodplain when any of the following circumstances apply: Sensitive Lands 18.775-5 Code Update: 4/05 • • a. Ground disturbance(s)or landform alterations in all floodway areas; b. Ground disturbance(s) or landform alterations in floodway fringe locations involving more than 50 cubic yards of material; c. Repair, reconstruction, or improvement of an existing structure or utility, the cost of which equals or exceeds 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction provided no development occurs in the floodway; d. Structures intended for human habitation; and e. Accessory structures which are greater than 528 square feet in size, outside of floodway areas. H. Other uses. Except as explicitly authorized by other provisions of this chapter, all other uses are prohibited on sensitive land areas. I. Nonconforming uses. A use established prior to the adoption of this title, which would be prohibited by this Chapter or which would be subject to the limitations and controls imposed by this Chapter, shall be considered a nonconforming use. Nonconforming uses shall be subject to the provisions of Chapter 18.760. 18.775.030 Administrative Provisions A. Interagency Coordination. The appropriate approval authority shall review all sensitive lands permit applications to determine that all necessary permits shall be obtained from those federal, state, or local governmental agencies from which prior approval is also required. 1. As governed by CWS "Design and Construction Standards", the necessary permits for all "development", as defined in Section 18.775.020.A above, shall include a CWS Service Provider Letter, which specifies the conditions and requirements necessary, if any, for an applicant to comply with CWS water quality protection standards and for the Agency to issue a Stormwater Connection Permit. B. Alteration or relocation of water course. 1. The Director shall notify communities adjacent to the affected area and the State Department of Land Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; 2. The Director shall require that maintenance is provided within the altered or relocated portion of a watercourse so that the flood-carrying capacity is not diminished. C. Apply Standards. The appropriate approval authority shall apply the standards set forth in Sections 18.775.040, and 18.775.070 when reviewing an application for a sensitive lands permit. D. Elevation and flood-proofing certification. The appropriate approval authority shall require that the elevations and flood-proofing certification required in Section 18.775.030.E below be provided prior to permit issuance and verification upon occupancy and final approval. Sensitive Lands 18.775-6 Code Update: 4/05 • • E. Maintenance of records. 1. Where base flood elevation data is provided through the Flood Insurance Study, the Building Official shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor(including basement)of all new or substantially improved structures, and whether or not the structure contains a basement; 2. For all new or substantially improved flood-proofed structures,the Building Official shall: a. Verify and record the actual elevation(in relation to mean sea level);and b. Maintain the flood-proofing certifications required in this chapter. 3. The Director shall maintain for public inspection all other records pertaining to the provisions in this chapter. 18.775.040 General Provisions for Floodplain Areas A. Permit review. The appropriate approval authority shall review all permit applications to determine whether proposed building sites will minimize the potential for flood damage. B. Special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study of the City of Tigard," effective February 18, 2005, with accompanying Flood Insurance Rate Maps effective February 18, 2005, is hereby adopted by reference and declared to be a part of this chapter. This Flood Insurance Study is on file at the Tigard Civic Center. C. Base flood elevation data. When base flood elevation data has not been provided in accordance with Section 18.775.040.B above, the Director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Sections 18.775.040.M and 18.775.040.N below). D. Test of reasonableness. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source, applications for building permits shall be reviewed to assure that the potential for flood damage to the proposed construction will be minimized. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these sensitive land areas may result in higher insurance rates. E. Resistant to flood damage. All new construction and substantial improvements, including manufactured homes, shall be constructed with materials and utility equipment resistant to flood damage. F. Minimize flood damage. All new construction and substantial improvements, including manufactured homes,shall be constructed using methods and practices that minimize flood damage. G. Equipment protection. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Sensitive Lands 18.775-7 Code Update: 4/05 • • H. Water Supply Systems. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwater into the system. • I. Anchoring. All new construction, all manufactured homes and substantial improvements shall be anchored to prevent flotation,collapse,or lateral movement of the structure. J. Sanitary sewerage systems. New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwater into the systems and discharge from the systems into floodwater. K. On-site water disposal systems. On-site water disposal systems shall be located to avoid impairment to them or contamination from them during flooding. L. Residential Construction. 1. New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including the basement, elevated at least one foot above base flood elevation; 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or must meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; b. The bottom of all openings shall be no higher than one foot above grade;and c. Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of flood waters. 3. Manufactured homes shall be securely anchored to an adequately anchored permanent foundation system. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. M. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation, or together with attendant utility and sanitary facilities,shall: 1. Be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; Sensitive Lands 18.775-8 Code Update: 4/05 • • 3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the Building Official as set forth in Section 18.775.030.E.2;and 4. Nonresidential structures that are elevated, not flood-proofed, must meet the same standards for space below the lowest floor as described in Section 18.775.040.L.2. Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood-proofed level (e.g.,a building constructed to the base flood level will be rated as one foot below that level). N. Subdivisions and partitions in 100-year floodplain. Subdivisions and partitions in the 100-year floodplain shall meet the following criteria: I. The design shall minimize the potential for flood damage; 2. Public utilities and facilities such as sewer, gas,electrical, and water systems shall be located and constructed so as to minimize flood damage; 3. Adequate drainage shall be provided to reduce exposure to flood damage;and 4. For subdivisions or partitions which contain more than 50 lots or 5 acres and where base flood elevation data is not available from the Federal Emergency Management Agency (FEMA) or another authoritative source, the applicant shall generate base flood elevation data to be reviewed as part of the application. O. Recreational vehicles. Recreational vehicles placed on sites within zones Al-A30, AH,and AE on the community's Flood Insurance Rate Map either: 1. Are on the site for fewer than 180 consecutive days; 2. Are fully licensed and ready for highway use: a. Are on wheels or jacking system, b. Are attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions;or c. Meet the requirements of E, F, I, and L above and the elevation and anchoring requirements for manufactured homes. (Ord. 05-01) 18.775.050 General Provisions for Wetlands A. Code compliance requirements. Wetland regulations apply to those areas classified as significant on the City of Tigard "Wetland and Streams Corridors Map", and to a vegetated corridor ranging from 25 to 200 feet wide, measured horizontally, from the defined boundaries of the wetland, per "Table 3.1 Vegetated Corridor Widths" and "Appendix C" Natural Resource Assessments" of the CWS "Design and Construction Standards". Wetland locations may include but are not limited to those areas identified as wetlands in "Wetland Inventory and Assessment for the City of Tigard, Oregon," Fishman Environmental Services, 1994. Sensitive Lands 18.775-9 Code Update: 4/05 • I B. Delineation of wetland boundaries. Precise boundaries may vary from those shown on wetland maps;specific delineation of wetland boundaries may be necessary. Wetland delineation will be done by qualified professionals at the applicant's expense. 18.775.060 Expiration of Approval: Standards for Extension of Time A. Voiding of permit.Approval of a sensitive lands permit shall be void if: 1. Substantial construction of the approved plan has not begun within a one-and-one-half year period; or 2. Construction on the site is a departure from the approved plan. B. Granting of 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 are made on the original plan as approved by the approval authority; 2. The applicant can show intent of initiating construction of the site 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. C. Notice of the decision. Notice of the decision shall be provided to the applicant. The Director's decision may be appealed by the applicant as provided by Section 18.390.040.G and 18.390.040.H. 18.775.070 Sensitive Land Permits A. Permits required. An applicant who wishes to develop within a sensitive area, as defined in Chapter 18.775, must obtain a permit in certain situations. Depending on the nature and intensity of the proposed activity within a sensitive area,either a Type II or Type III permit is required, as delineated in Sections 18.775.020.F and 18.775.020.G. The approval criteria for various kinds of sensitive areas,e.g., floodplain,are presented in Sections 18.775.070.B— 18.775.070.E below. B. Within the 100-year floodplain. The Hearings Officer shall approve, approve with conditions or deny an application request within the 100-year floodplain based upon findings that all of the following criteria have been satisfied: 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any encroachments, including fill, new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in flood levels during the base flood discharge; 2. Land form alterations or developments within the 100-year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map,except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.120 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards; Sensitive Lands 18.775-10 Code Update: 4/05 • I 3. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100-year flood; 4. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands,and CWS permits and approvals shall be obtained; and 7. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the consideration of dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. C. With steep slopes. The appropriate approval authority shall approve,approve with conditions or deny an application request for a sensitive lands permit on slopes of 25% or greater or unstable ground based upon findings that all of the following criteria have been satisfied: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; 2. The proposed land form alteration or development will not result in erosion, stream sedimentation,ground instability, or other adverse on-site and off-site effects or hazards to life or property; 3. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock; and 4. Where natural vegetation has been removed due to land form alteration or development,the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.745, Landscaping and Screening. D. Within drainageways. The appropriate approval authority shall approve, approve with conditions or deny an application request for a sensitive lands permit within drainageways based upon findings that all of the following criteria have been satisfied: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; Sensitive Lands 18.775-11 Code Update: 4/05 • 3. The water flow capacity of the drainageway is not decreased; 4. Where natural vegetation has been removed due to land form alteration or development,the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.745, Landscaping and Screening; 5. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan; 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands,and CWS approvals shall be obtained; 7. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the consideration of dedication of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. E. Within wetlands. The Director shall approve, approve with conditions or deny an application request for a sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied: 1. The proposed land form alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within the vegetative corridor established per "Table 3.1 Vegetative Corridor Widths" and Appendix C: Natural Resources Assessments" of the CWS "Design and Construction Standards", for such a wetland; 2. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than the minimum required for the use; 3. Any encroachment or change in on-site or off-site drainage which would adversely impact wetland characteristics have been mitigated; 4. Where natural vegetation has been removed due to land form alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.745, Landscaping and Screening; 5. All other sensitive lands requirements of this chapter have been met; 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands, and CWS approvals shall be obtained; 7. The provisions of Chapter 18.790,Tree Removal, shall be met; 8. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. Sensitive Lands 18.775-12 Code Update: 4/05 • 0 18.775.080 Application Submission Requirements A. Application submission requirements. All applications for uses and activities identified in Sections 18.775.020.A— 18.775.020.G shall be made on forms provided by the Director and must include the following information in graphic, tabular and/or narrative form. The specific information on each of the following is available from the Director: 1. A CWS Stormwater Connection permit; 2. A site plan; 3. A grading plan; and 4. A landscaping plan. 18.775.090 Special Provisions for Development within Locally Significant Wetlands and Along the Tualatin River, Fanno Creek, Ball Creek,and South Fork of Ash Creek A. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 666-023-0030) pertaining to wetlands, all wetlands classified as significant on the City of Tigard "Wetlands and Streams Corridors Map" are protected. No land form alterations or developments are allowed within or partially within a significant wetland, except as allowed/approved pursuant to Section 18.775.130. B. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 660-023-0030) pertaining to riparian corridors, a standard setback distance or vegetated corridor area, measured horizontally from and parallel to the top of the bank, is established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek. 1. The standard width for "good condition" vegetated corridors along the Tualatin River is 75 feet, unless wider in accordance with CWS "Design and Construction Standards", or modified in accordance with Section 18.775.130. If all or part of a locally significant wetland (a wetland identified as significant on the City of Tigard "Wetlands and Streams Corridors Map") is located within the 75-foot setback area, the vegetated corridor is measured from the upland edge of the associated wetland. 2. The standard width for"good condition" vegetated corridors along Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50 feet, unless wider in accordance with CWS "Design and Construction Standards", or modified in accordance with Section 18.775.130. If all or part of a locally significant wetland (a wetland identified as significant on the City of Tigard "Wetlands and Streams Corridors Map") is located within the 50 foot setback area, the vegetated corridor is measured from the upland edge of the associated wetland. 3. The minimum width for"marginal or degraded condition" vegetated corridors along the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50% of the standard width, unless wider in accordance with CWS "Design and Construction Standards", or modified in accordance with Section 18.775.130. 4. The determination of corridor condition shall be based on the Natural Resource Assessment guidelines contained in the CWS "Design and Construction Standards". Sensitive Lands 18.775-13 Code Update: 4/05 • 5. The standard setback distance or vegetated corridor area applies to all development proposed on property located within or partially within the vegetated corridors, except as allowed below: a. Roads, pedestrian or bike paths crossing the vegetated corridor from one side to the other in order to provide access to the sensitive area or across the sensitive area, as approved by the City per Section 18.775.070 and by CWS"Design and Construction Standards"; b. Utility/service provider infrastructure construction (i.e. storm, sanitary sewer, water, phone, gas,cable,etc.), if approved by the City and CWS; c. A pedestrian or bike path, not exceeding 10 feet in width and meeting the CWS "Design and Construction Standards"; d. Grading for the purpose of enhancing the vegetated corridor, as approved by the City and CWS; e. Measures to remove or abate hazards,nuisances, or fire and life safety violations,as approved by the regulating jurisdiction; f. Enhancement of the vegetated corridor for water quality or quantity benefits, fish, or wildlife habitat, as approved by the City and CWS; g. Measures to repair, maintain, alter, remove, add to, or replace existing structures, roadways, driveways, utilities, accessory uses, or other developments provided they are consistent with City and CWS regulations, and do not encroach further into the vegetated corridor or sensitive area than allowed by the CWS"Design and Construction Standards. 6. Land form alterations or developments located within or partially within the Goal 5 safeharbor setback or vegetated corridor areas established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek that meet the jurisdictional requirements and permit criteria of the CWS, U.S. Army Corps of Engineers, Division of State Lands, and/or other federal, state, or regional agencies,are not subject to the provisions of Section 18.775.090.B,except where the: a. Land form alterations or developments are located within or partially within a good condition vegetated corridor,as defined in Sections 18.775.090.B.1 and 18.775.090.B.2; b. Land form alterations or developments are located within or partially within the minimum width area established for marginal or a degraded condition vegetated corridor, as defined in Section 18.775.090.B.3. These exceptions reflect instances of the greater protection of riparian corridors provided by the safe harbor provisions of the Goal 5 administrative rule. 18.775.100 Adjustments to Underlying Zone Setback Standards Adjustments to dimensional standards of the underlying zone district may be approved by the Planning Director when necessary to further the purpose of this section. A. Adjustment option. The Planning Director may approve up to 50% adjustment to any dimensional standard (e.g., setback height or lot area) of the underlying zone district to allow development Sensitive Lands 18.775-14 Code Update: 4/05 • • consistent with the purposes of this section. The purpose of the adjustment process is to reduce adverse impacts on wetlands, stream corridors, fish and wildlife habitat, water quality and the potential for slope of flood hazards. B. Adjustment criteria. A special adjustment to the standards in the underlying zoning district may be requested under Type 1I procedure when development is proposed within or adjacent to the vegetated corridor area or within or adjacent to significant habitat areas. In order for the Director to approve a dimensional adjustment to standards in the underlying zoning district, the applicant shall demonstrate that all the following criteria are fully satisfied: 1. The adjustment is the minimum necessary to allow a permitted use, while at the same time minimizing disturbance to a water resource, riparian setback area or water quality buffer. 2. Explicit consideration ahas been given to maximizing vegetative cover, minimizing excavation and minimizing impervious surface area on ttnbuildable land. 3. Design options have been considered to reduce the impacts of development, including but not limited to multi-story construction, siting of the residence close to the street to reduce driveway distance, maximizing the use of native landscaping materials, minimizing parking areas,. minimizing hydrologic impacts and garage space. 4. In no case shall the impervious surface area as a single-family residence (including the building footprint, driveway and parking areas, accessory structures, swimming pools and patios) exceed 3,000 square feet of a vegetated corridor area. 5. Assurances are in place to guarantee that future development will not encroach further on land under the same ownership within the vegetated corridor area. 6. Protected vegetated corridor, significant habitat areas and adjacent buffer areas must be: a. Placed in a non-buildable tract or protected with a restrictive easement. b. Restoration and enhancement of habitat and buffer areas required, including monitoring for five years. C. Reduction to Minimum Density Requirements for Developments That Include Inventoried Significant Habitat Areas. The minimum number of units required by Section 18.510.040 (Density Calculation) may be waived if necessary to ensure that impacts on habitat areas are minimized. L Approval criteria: Reduction requests will be approved if the review body finds that the applicant has shown that the following criteria are met: a. Delineation of habitat boundaries. Precise boundaries may vary from those shown on the "Significant Habitat Areas Map"; specific delineation of significant habitat boundaries will be done by qualified professionals at the applicant's expense using the methodology described in Section 18.775.140. b. The proposal will be consistent with the character of the neighboring area. c. The proposal will directly result in the protection of significant habitat areas through placement in a non-buildable tract or protected with a restrictive easement. Sensitive Lands 18.775-15 Code Update: 4/05 • • 2. Procedure: a. The amount of reduction in the minimum density shall be calculated by subtracting the number of square feet of inventoried significant habitat that is permanently protected from the total number of square feet used to calculate the minimum density requirement. b. Requests for a reduction are processed as a Type 11 procedure along with the development proposal for which the application has been filed. The Planning Director may impose any reasonable condition necessary to mitigate identified impacts resulting from development on otherwise unbuildable land. 18.775.110 Density Transfer Density may be transferred from vegetated corridor or significant habitat areas as provided in Sections 18.715.020— 18.715.030. 18.775.120 Variances to Section 18.775.090 Standards Variances to the use provisions of Section 18.775.090 are not permitted. Variances from measurable (dimensional)provisions of this section shall be discouraged and may be considered only as a last resort. A. Type II variance option. The Hearings Officer shall hear and decide variances from dimensional provisions of this chapter under Type III procedure, in accordance with the criteria in Chapter 18.370 of the zoning ordinance. B. Additional criteria. In addition to the general variance criteria described in Chapter 18.370, all the following additional criteria must be met to grant a variance to any dimensional provision of this chapter: 1. The variance is necessary to allow reasonable economic use of the subject parcel of land, which is owned by the applicant,and which was not created after the effective date of this chapter; 2. Strict application of the provisions of this chapter would otherwise result in the loss of a buildable site for a use that is permitted outright in the underlying zoning district, and for which the applicant has submitted a formal application; 3. The applicant has exhausted all options available under this chapter to relieve the hardship; 4. Based on review of all required studies identical to those described in Section 3.02.5.c Tier 2 Alternatives Analysis of the CWS "Design and Construction Standards", the variance is the minimum necessary to afford relief, considering the potential for increased flood and erosion hazard, and potential adverse impacts on native vegetation, fish and wildlife habitat, and water quality; 5. Based on review of all required studies identical to those described in Section 3.02.5 of the CWS "Design and Construction Standards", no significant adverse impacts on water quality, erosion or slope stability will result from approval of this hardship variance, or these impacts have been mitigated to the greatest extent possible; Sensitive Lands 18.775-16 Code Update: 4/05 • • 6. Loss of vegetative cover shall be minimized. Any lost vegetative cover shall be replaced on-site, on a square foot for square foot basis,by native vegetation. 18.775.130 Plan Amendment Option Any owner of property affected by the Goal 5 safeharbor(1) protection of significant wetlands and/or(2) vegetated areas established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek may apply for a quasi-judicial comprehensive plan amendment under Type IV procedure. This amendment must be based on a specific development proposal. The effect of the amendment would be to remove Goal 5 protection from the property, but not to remove the requirements related to the CWS Stormwater Connection Permit, which must be addressed separately through an Alternatives Analysis, as described in Section 3.02.5 of the CWS "Design and Construction Standards". The applicant shall demonstrate that such an amendment is justified by either of the following: A. ESEE analysis. The applicant may prepare an Environmental, Social, Economic and Energy (ESEE) consequences analysis prepared in accordance with OAR 660-23-040. 1. The analysis shall consider the ESEE consequences of allowing the proposed conflicting use, considering both the impacts on the specific resource site and the comparison with other comparable sites within the Tigard Planning Area; 2. The ESEE analysis must demonstrate to the satisfaction of the Tigard City Council that the adverse economic consequences of not allowing the conflicting use are sufficient to justify the loss,or partial loss, of the resource; 3. In particular, ESEE analysis must demonstrate why the use cannot be located on buildable land, consistent with the provisions of this chapter, and that there are no other sites within the Tigard Planning area that can meet the specific needs of the proposed use; 4. The ESEE analysis shall be prepared by a team consisting of a wildlife biologist or wetlands ecologist and a land use planner or land use attorney, all of whom are qualified in their respective fields and experienced in the preparation of Goal 5 ESEE analysis; 5. If the application is approved, then the ESEE analysis shall be incorporated by reference into the Tigard Comprehensive Plan, and the "Tigard Wetland and Stream Corridor Map" shall be amended to remove the site from the inventory. B. Determination of"insignificance". In this case,the applicant must demonstrate that the sensitive area site(s) no longer meet(s) the applicable significance threshold defined by the Goal 5 administrative rule, relative to other comparable resources within the Tigard Planning Area. 1. Significance thresholds are described and applied in the addendum to the City of Tigard Local Wetlands Inventory adopted by reference as part of this chapter. 2. In considering this claim, the City Council shall determine that the decline in identified resource values did not result from a violation of this chapter or any other provision of the Tigard Community Development Code. Sensitive Lands 18.775-17 Code Update: 4/05 • • 18.775.140 Significant Habitat Area Delineation Methodology. A. Delineation Methodology. The Significant Habitat Area Map shall be the basis for determining the general location of Significant Habitat Areas on or adjacent to the site. If resources are indicated on the map,delineations shall be conducted in accordance with the following methodology to verify the precise boundaries of the inventoried habitat areas. 1. Verifying boundaries of inventoried riparian habitat. Locating habitat and determining its riparian habitat class is a four-step process: a. Locate the Water Feature that is the basis for identifying riparian habitat. 1) Locate the top of bank of all streams, rivers, and open water within 200 feet of the property. 2) Locate all flood areas within 100 feet of the property. 3) Locate all wetlands within 150 feet of the property based on the Tigard "Wetland and Stream Corridors Map" and on the Metro 2002 Wetland Inventory Map (available from the Metro Data Resource Center, 600 N.E. Grand Ave., Portland, OR 97232). Identified wetlands shall be further delineated consistent with methods currently accepted by the Oregon Division of State Lands and the U.S.Army Corps of Engineers. b. Identify the vegetative cover status of all areas on the property that are within 200 feet of the top of bank of streams, rivers, and open water, are wetlands or are within 150 feet of wetlands, and are flood areas and within 100 feet of flood areas. I) Vegetative cover status shall be as identified on the Metro Vegetative Cover Map 2) The vegetative cover status of a property may be adjusted only if(1) the property was developed prior to the time the regional program was approved, or(2) an error was made at the time the vegetative cover status was determined. To assert the latter type of error, applicants shall submit an analysis of the vegetative cover on their property using summer 2002 aerial photographs and the following definitions of vegetative cover types in Table 18.775.1. Table 18.775.1 Definitions of Vegetated Cover Types Type Definition Low structure Areas that are part of a contiguous area one acre or larger of grass,meadow,crop- vegetation or open lands.or areas of open soils located within 300 feet of a surface stream(low soils structure vegetation areas may include areas of shrub vegetation less than one acre in size if they are contiguous with areas of grass,meadow,crop-lands,orchards. Christmas tree farms,holly farms,or areas of open soils located within 300 feet of a surface stream and together form an area of one acre in size or larger). Woody vegetation Areas that are part of a contiguous area one acre or larger of shrub or open or scattered forest canopy(less than 60%crown closure)located within 300 feet of a surface stream. Forest canopy Areas that are part of a contiguous grove of trees of one acre or larger in area with approximately 60%or greater crown closure,irrespective of whether the entire grove is within 200 feet of the relevant water feature. Sensitive Lands 18.775-18 Code Update: 4/05 • • c. Determine whether the degree that the land slopes upward from all streams, rivers, and open water within 200 feet of the property is greater than or less than 25% (using the vegetated corridor measurement methodology as described in Clean Water Services Design and Construction Standards);and d. Identify the riparian habitat classes applicable to all areas on the property using Table 18.775.2. Table 18.775.2 Method for Locating Boundaries of Class I and H Riparian Areas DevelopmentNegetation Status Distance in feet Developed areas Low structure Woody vegetation Forest Canopy(closed from not providing vegetation or (shrub and to open forest canopy) Water vegetative cover open soils scattered forest Feature canopy) Surface Streams 0-50 Class II_ Class I Class I Class I 50-100 Class IIZ Class! Class I 100-150 Z 2 Z Class II if Class II if Class II slope>25% _ slope>25% 150-200 2 2 Class II if Class II if Class II if slope>25% slope>25% _ slope>25% Wetlands(Wetland feature itself is a Class I Riparian Area) 0-100 Class 112 Class I Class I 100-150 Class 112 Flood Areas(Undeveloped portion of flood area is a Class I Riparian Area) 0-100 I Class 112 I Class IIZ The vegetative cover type assigned to any particular area was based on two factors:the type of vegetation observed in aerial photographs and the size of the overall contiguous area of vegetative cover to which a particular piece of vegetation belonged. As an example of how the categories were assigned,in order to qualify as "forest canopy"the forested area had to be part ofa larger patch afforest of at least one acre in sire. Areas that have been identified as habitats of concern,as designated on the Metro Habitats of Concern Map(on file in the Metro Council office). shall be treated as Class 1 riparian habitat areas in all cases, subject to the provision of additional information that establishes that they do not meet the criteria used to identify habitats of concern as described in Metro's Technical Report for Fish and Wildlife. Examples of habitats of concern include: Oregon white oak woodlands, bottomland hardwood forests.wetlands,native grasslands,riverine islands or deltas,and important wildlife migration corridors. 2. Verifying boundaries of inventoried upland habitat. Upland habitat was identified based on the existence of contiguous patches of forest canopy, with limited canopy openings. The"forest canopy"designation is made based on analysis of aerial photographs,as part of determining the vegetative cover status of land within the region. Upland habitat shall be as identified on the Significant Habitat Areas Map unless corrected as provided in this subsection. a. Except as provided below, vegetative cover status shall be as identified on the Metro Vegetative Cover Map used to inventory habitat at the time the area was brought within the Sensitive Lands 18.775-19 Code Update: 4/05 • • urban growth boundary (available from the Metro Data Resource Center, 600 N.E. Grand Ave., Portland,OR 97232). b. The only allowed corrections to the vegetative cover status of a property are as follows: 1) To correct errors made when the vegetative status of an area was determined based on analysis of the aerial photographs used to inventory the habitat at the time the area was brought within the urban growth boundary. The perimeter of an area delineated as"forest canopy" on the Metro Vegetative Cover Map may be adjusted to more precisely indicate the dripline of the trees within the canopied area provided that no areas providing greater than 60% canopy crown closure are de-classified from the "forest canopy" designation. To assert such errors, applicants shall submit an analysis of the vegetative cover on their property using the aerial photographs that were used to inventory the habitat at the time the area was brought within the urban growth boundary and the definitions of the different vegetative cover types provided in Table 18.775.1; and 2) To remove tree orchards and Christmas tree farms from inventoried habitat; provided, however, that Christmas tree farms where the trees were planted prior to 1975 and have not been harvested for sale as Christmas trees shall not be removed from the habitat inventory. c. If the vegetative cover status of any area identified as upland habitat is corrected pursuant to 18.775.140.A.2.b.1. to change the status of an area originally identified as "forest canopy," then such area shall not be considered upland habitat unless it remains part of a forest canopy opening less than one acre in area completely surrounding by an area of contiguous forest canopy. • Sensitive Lands 18.775-20 Code Update: 4/05 • • Chapter 18.810 STREET AND UTILITY IMPROVEMENT STANDARDS Sections: 18.810.010 Purpose 18.810.020 General Provisions 18.810.030 Streets 18.810.040 Blocks 18.810.050 Easements 18.810.060 Lots 18.810.070 Sidewalks 18.810.080 Public Use Areas 18.810.090 Sanitary Sewers 18.810.100 Storm Drainage 18.810.110 Bikeways and Pedestrian Pathways 18.810.120 Utilities 18.810.130 Cash or Bond Required 18.810.140 Monuments 18.810.150 Installation Prerequisite 18.810.160 Installation Conformation 18.810.170 Plan Check 18.810.180 Notice to City 18.810.190 City Inspection 18.810.200 Engineer's Certification 18.810.210 Completion Requirements 18.810.010 Purpose A. Purpose. The purpose of this chapter is to provide construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. 18.810.020 General Provisions A. When standards apply. Unless otherwise provided, construction, reconstruction or repair of streets, sidewalks,curbs and other public improvements shall occur in accordance with the standards of this title. No development may occur and no land use application may be approved unless the public facilities related to development comply with the public facility requirements established in this section and adequate public facilities are available. Applicants may be required to dedicate land and build required public improvements only when the required exaction is directly related to and roughly proportional to the impact of the development. B. Standard specifications. The City Engineer shall establish standard specifications consistent with the application of engineering principles. C. Section 7.40 applies. The provision of Section 7.40 of the Tigard Municipal Code shall apply to this chapter. D. Adjustments. Adjustments to the provisions in this chapter related to street improvements may be Street Utility Improvement'Standards 18.810-1 Code Update: 10/02 • granted by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria in Section 18.370.030 C9. (Ord.99-22) E. Except as provided in Section 18.810.030S, as used in this chapter, the term "streets" shall mean "public streets" unless an adjustment under Section 18.810.020.D is allowed. (Ord.99-22) 18.810.030 Streets A. Improvements. 1. No development shall occur unless the development has frontage or approved access to a public street. 2. No development shall occur unless streets within the development meet the standards of this chapter. 3. No development shall occur unless the streets adjacent to the development meet the standards of this chapter, provided, however, that a development may be approved if the adjacent street does not meet the standards but half-street improvements meeting the standards of this title are constructed adjacent to the development. 4 Any new street or additional street width planned as a portion of an existing street shall meet the standards of this chapter; 5. If the City could and would otherwise require the applicant to provide street improvements, the City Engineer may accept a.future improvements guarantee in lieu of street improvements if one or more of the following conditions exist: a. A partial improvement is not feasible due to the inability to achieve proper design standards; b. A partial improvement may create a potential safety hazard to motorists or pedestrians; c. Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself, provide a significant improvement to street safety or capacity; d. The improvement would be in conflict with an adopted capital improvement plan; e. The improvement is associated with an approved land partition on property zoned residential and the proposed land partition does not create any new streets;or f. Additional planning work is required to define the appropriate design standards for the street and the application is for a project which would contribute only a minor portion of the anticipated future traffic on the street. 6. The standards of this chapter include the standard specifications adopted by the City Engineer pursuant to Section 18.810.020.B. Street Utility Improvement Standards 18.810-2 Code Update: 10/02 • • 7. The approval authority may approve adjustments to the standards of this chapter if compliance with the standards would result in an adverse impact on natural features such as wetlands, bodies of water, significant habitat areas, steep slopes, or existing mature trees. The approval authority may also approve adjustments to the standards of this chapter if compliance with the standards would have a substantial adverse impact on existing development or would preclude development on the property where the development is proposed. In approving an adjustment to the standards, the approval authority shall balance the benefit of the adjustment with the impact on the public interest represented by the standards. In evaluating the impact on the public interest, the approval authority shall consider the criteria listed in Section 18.810.030 E.1. An adjustment to the standards may not be granted if the adjustment would risk public safety. B. Creation of rights-of-way for streets and related purposes. Rights-of-way shall be created through the approval of a final subdivision plat or major partition; however, the Council may approve the creation of a street by acceptance of a deed, provided that such street is deemed essential by the Council for the purpose of general traffic circulation: 1. The Council may approve the creation of a street by deed of dedication without full compliance with the regulations applicable to subdivisions or major partitions if any one or more of the following conditions are found by the Council to be present: a. Establishment of a street is initiated by the Council and is found to be essential for the purpose of general traffic circulation, and partitioning or subdivision of land has an incidental effect rather than being the primary objective in establishing the road or street for public use;or b. The tract in which the road or street is to be dedicated is an isolated ownership of one acre or less and such dedication is recommended by the Commission to the Council based on a finding that the proposal is not an attempt to evade the provisions of this title governing the control of subdivisions or major partitions. 2. With each application for approval of a road or street right-of-way not in full compliance with the regulations applicable to the standards,the proposed dedication shall be made a condition of subdivision and major partition approval: a. The applicant shall submit such additional information and justification as may be necessary to enable the Commission in its review to determine whether or not a recommendation for approval by the Council shall be made; b. The recommendation, if any, shall be based upon a finding that the proposal is not in conflict with the purpose of this title; c. The Commission in submitting the proposal with a recommendation to the Council may attach conditions which are necessary to preserve the standards of this title; and 3. All deeds of dedication shall be in a form prescribed by the City and shall name"the public,"as grantee. Street Utility Improvement Standards 18.810-3 Code Update: 10/02 • • C. Creation of access easements. The approval authority may approve an access easement established by deed without full compliance with this title provided such an easement is the only reasonable method by which a lot large enough to develop can be created: 1. Access easements shall be provided and maintained in accordance with the Uniform Fire Code Section 10.207; 2. Access shall be in accordance with Sections 18.705.030.H and 18.705.030I. D. Street location, width and grade. Except as noted below, the location, width and grade of all streets shall conform to an approved street plan and shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets: 1. Street grades shall be approved by the City Engineer in accordance with Subsection M below; and 2. Where the location of a street is not shown in an approved street plan, the arrangement of streets in a development shall either: a. Provide for the continuation or appropriate projection of existing streets in the surrounding areas,or b. Conform to a plan adopted by the Commission, if it is impractical to conform to existing street patterns because of particular topographical or other existing conditions of the land. Such a plan shall be based on the type of land use to be served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety. E. Minimum rights-of-way and street widths. Unless otherwise indicated on an approved street plan, or as needed to continue an existing improved street, street right-of-way and roadway widths shall not be less than the minimum width described below. Where a range is indicated, the width shall be determined by the decision-making authority based upon anticipated average daily traffic (ADT) on the new street segment. (The City Council may adopt by resolution, design standards for street construction and other public improvements. The design standards will provide guidance for determining improvement requirements within the specified ranges.) These are presented in Table 18.810.1. 1. The decision-making body shall make its decision about desired right-of-way width and pavement width of the various street types within the subdivision or development after consideration of the following: a. The type of road as set forth in the Comprehensive Plan Transportation Chapter - Functional Street Classification; b. Anticipated traffic generation; c. On-street parking needs; d. Sidewalk and bikeway requirements; Street Utility Improvement Standards 18.810-4 Code Update: 10/02 • • e. Requirements for placement of utilities; f. Street lighting; g. Drainage and slope impacts; h. Street tree location; i. Planting and landscape areas; j. Safety and comfort for motorists,bicyclists, and pedestrians; k. Access needs for emergency vehicles. Street Utility Improvement Standards 18.810-5 Code Update: 10/02 • Table 18.810.1 Minimum Widths for Street Characteristics i—. y ,p tit is.. O •p i-. . i;? '9 Type of Street w "° o a" ,a c.= 3 0 3 ; � � � b � � � � �o tv � I. a aa3 . w z p r" a 3 • Arterial 64'-128' Varies 2-7(Refer to 12' N/A 6'(New Streets) 8'(Res.&Ind.Zones) 5' 1241) TSP) 5'-6'(Existing Streets) 10'(Comm.Zones) Collector 58'-96' Varies 2-5(Refer to 11' N/A 6'(New Streets) 6'(Res.&Ind.Zones) 5' 12'w TSP) 5'-6' (Existing Streets) 8'(Comm.Zones) Neighborhood Route 50'-58' 28'-36' 2 10' 8' 5'-6' 5'-6'(2) 5' N/A Local: Industrial/Commercial 50' 36' 2 N/A 5'-6'(2) 5' N/A Local: Residential N/A • Under 1500 ADT 54'/50'(3) 32'/28'(3) 2 8' (both sides) N/A 5'-6'(2) 5' • Under 500 ADT 50'/46'(3) 28'/24'(3) 2 8' (one side) N/A • Under 200 ADT 46'/42'(3) 24'/20'(3) 2 (No Parking) N/A Cul-de-sac bulbs in 50' 42'radius N/A N/A N/A N/A Industrial and radius Commercial zones • Cul-de-sac bulbs in 47' 40'radius N/A N/A N/A N/A N/A Residential zones radius Alley: Residential 16' 16' N/A N/A N/A N/A N/A Alley: Business 20' 20' N/A N/A N/A N/A N/A (Ord.02-33) I Medians required for 5 and 7 lane roadways. They are optional for 3 lane roadways. 2 Sidewalk widths for these streets shall be 5 ft with landscape strip;6 ft if against curb(if permitted in accordance with 18.810.070.C). 3"Skinny Street"roadway widths are permitted where cross section and review criteria are met. Refer to corresponding cross sections(Figures 18.810.3, 18.810.4 and 18.810.5)for details and conditions. Street Utility Improvement Standards 18.810-6 Code Update: 10/02 • Figure 18.810.1 Arterials Sample Cross Sections (Ord.02-33) •5'8`10:5_5_6'8&e. 12' 12' ,6'Rke_5.5' .8-10'.•5• RNV 64'-68' 2 Lane 64'48'RIW • 12'Median 5 8.10' 5.5' 6' _ Turn Lane 6'6ke,5,5',8. 1Q 5 R!W 76'-811 3 Lane 76'-80'R/W E -; '' • 12'Medlar ;58.10', 6' ,6'Bte, 12' 12' Turn Lane 12' 12' ,6'Bike; 5.5' 8.10' •5' RIW 100-104' 5 Lane 100'404'RIW s��_. 12'Median/ 5• 8-10 . 5.5' 6'&ke• 12' . 12' 12' .-TurnLane . 12' 12' , 12' ,Bike 6'. 5.5' ,8-10_ .' R/W 124'-128' 7 Lane 124'428'R/W Street Utility Improvement Standards 18.810-7 Code Update: 10/02 • Figure 18.810.2 Collector Sample Cross Sections (Ord.02-33) rigmm--44-1 6-8 5.5' ;6'Bike. 11' 11' .6'Bie,5.5' 6-8' Riw 56-62' 2 Lane 58t62'R/W \\ y 12'MediaN 6-8' 5.5' 6'Bke, 11' Turn Lane , 11' .61ke;5.5' 6-8' 70'-74' 3 Lane 70'-74' ktA r 1=4 • i1714' r •tnk 1 12'MediaN 6*Bike 11' 1 1' Turn Lane 1 11 , 11'_ , 5.5'. . 5-8. ; _ 5 Lane 92'-961 RIVV Street Utility Improvement Standards 18.810-8 Code Update: 10/02 • • Figure 18.810.3 Neighborhood Routes Sample Cross Sections (Ord.02-33) 4.. .; ilskvaln.,‘. :iiii . a _28'_ _ ,5.5', :5' .,_, 5' , 5.5'112 . 5.5' , 6' 5.' RAW 50' . RNV 54' . No Parking on One Side With Parking on Both Sides aiiiiimr,s,-. --1....ci 36' 5 5.5' 6'Bike 12' . 12' 6'1324e 5.5' 5' RAN 58' i With Bike Lanes/No Parking Figure 18.810.4 Local Residential Streets-<1,500 vpd (Ord.02-33) A. Standard(sample) B. Skinny Street Option(criteria) .- - .- -. - . . . • . . • .:: - .... . . . , .• .,, i ..4akeimr.... ail -M- lc i-- • \lin .5: 5' . 5.5',12 32' (7) .5.5' , 6' • ._ 111...__, _____ 1 ..-.....,_-_ AA. ' St I RNV 54' 7 W y .. • .r ',b.f.*, rm./Lane fteaSys .7 (0..i) On-street Parking i.L..:..... - ZS • Lowle.s■ II* <1500 vpd * . .7 ..- egovel-..e If parking on both sides, block length not to exceed 600 feet Criteria: • Traffic Flow Plan must be submitted and approved. • Not appropriate for streets serving more than 1,000 vpd. • No parking permitted within 30 feet of an intersection. • Appropriate adjacent to single family detached development only. Street Utility Improvement Standards 18.810-9 Code Update: 10/02 • • Figure 18.810.5 Local Residential Streets<500 vpd (Ord.02-33) A. Standard(sample) B. Skinny Street Option(criteria) ' i i .5' 5' S.5'�O 28'- 5.5',- 5 -5 C R(W 50' r re.r • sue• 'S rz...l tn. ' s_e• Residential Local Street/Cul-de-sac 1.01" s.-;• ; wo- n One Side On-street Parking """"" <500 vpd Criteria: • Traffic Flow Plan must be submitted and approved. • Not appropriate for streets serving more than 500 vpd. • No parking permitted within 30 feet of an intersection. • Appropriate adjacent to single family detached development only. • Must provide a minimum of(I)off-street parking space for every 20 feet of restricted street frontage. Figure 18.810.6 Local Residential Street<200 vpd (Ord.02-33) A. Standard(sample) B. Skinny Street Option(criteria) _1. ss• 24 iswnwn fs 5' 5 55 24 -+5.5 5' .b 5 O. -. �. ak.»a 5' R/W 46' • Cul-de-sac/Residential Local Street wn•-a r <200 vpd Criteria: • Must provide a minimum of(I)off-street parking space (No parking) for every 20 feet of restricted street frontage. • No parking permitted within 30 feet of an intersection. Street Utility Improvement Standards 18.810-10 Code Update: 10/02 • • F. Future street plan and extension of streets. 1. A future street plan shall: a. Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include other parcels within 530 feet surrounding and adjacent to the proposed land division. At the applicant's request, the City may prepare a future streets proposal. Costs of the City preparing a future streets proposal shall be reimbursed for the time involved. A street proposal may be modified when subsequent subdivision proposals are submitted. b. Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 530 feet of the site. 2. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed,and a. These extended streets or street stubs to adjoining properties are not considered to be culs-de- sac since they are intended to continue as through streets at such time as the adjoining property is developed. b. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. c. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub street in excess of 150 feet in length. G. Street spacing and access management. Refer to 18.705.030.H. H. Street alignment and connections. 1. Full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. 2. All local , neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this cede. A street connection or extension is considered precluded when it is not possible to redesign or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. Street Utility Improvement Standards 18.810-11 Code Update: 10/02 • • • 3. Proposed street or street extensions shall be located to provide direct access to existing or planned transit stops, commercial services, and other neighborhood facilities, such as schools, shopping areas and parks. 4. All developments should provide an internal network of connecting streets that provide short, direct travel routes and minimize travel distances within the development. I. Intersection angles. Streets shall be laid out so as to intersect at an angle as near to a right angle as practicable, except where topography requires a lesser angle, but in no case shall the angle be less than 75° unless there is special intersection design,and: I. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless topography requires a lesser distance; 2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet along the right-of-way lines of the acute angle; and 3. Right-of-way lines at intersection with arterial streets shall have a corner radius of not less than 20 feet. J. Existing rights-of-way. Whenever existing rights-of-way adjacent to or within a tract are of less than standard width,additional rights-of-way shall be provided at the time of subdivision or development. K. Partial street improvements. Partial street improvements resulting in a pavement width of less than 20 feet; while generally not acceptable, may be approved where essential to reasonable development when in conformity with the other requirements of these regulations, and when it will be practical to require the improvement of the other half when the adjoining property developed. L. Culs-de-sacs. A cul-de-sac shall be no more than 200 feet long shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: 1. All cuts-de-sac shall terminate with a turnaround. Use of turnaround configurations other than circular, shall be approved by the City Engineer; and 2. The length of the cul-de-sac shall be measured from the centerline intersection point of the two streets to the radius point of the bulb.. 3. If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the City. M. Street names. No street name shall be used which will duplicate or be confused *ith the names of existing streets in Washington County, except for extensions of existing streets. Street names and numbers shall conform to the established pattern in the surrounding area and as approved by the City Engineer. Street Utility Improvement Standards 18.810-12 Code Update: 10/02 • • N. Grades and curves. 1. Grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet),and 2. Centerline radii of curves shall be as determined by the City Engineer. O. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080; and: 1. Concrete curbs and driveway approaches are required;except 2. Where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval; and 3. Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. P. Streets adjacent to railroad right-of-way. Wherever the proposed development contains or is adjacent to a railroad right-of-way, provision shall be made for a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land. The distance shall be determined with due consideration at cross streets or the minimum distance required for approach grades and to provide sufficient depth to allow screen planting along the railroad right-of-way in nonindustrial areas. Q. Access to arterials and collectors. Where a development abuts or is traversed by an existing or proposed arterial or collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible,the design shall minimize the traffic conflicts. The design shall include any of the following: 1. A parallel access street along the arterial or collector; 2. Lots of suitable depth abutting the arterial or collector to provide adequate buffering with frontage along another street; 3. Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or collector; or 4. Other treatment suitable to meet the objectives of this subsection; 5. If a lot has access to two streets with different classifications, primary access should be from the lower classification street. R. Alleys,public or private. 1. Alleys shall be no less than 20 feet in width. In commercial and industrial districts, alleys shall be provided unless other permanent provisions for access to off-street parking and loading facilities Street Utility Improvement Standards 18.810-13 Code Update: 10/02 • • are made. 2. While alley intersections and sharp changes in alignment shall be avoided, the corners of necessary alley intersections shall have a radius of not less than 12 feet. S. Survey monuments. Upon completion of a street improvement and prior to acceptance by the City, it shall be the responsibility of the developer's registered professional land surveyor to provide certification to the City that all boundary and interior monuments shall be reestablished and protected. T. Private streets. 1. Design standards for private streets shall be established by the City Engineer; and 2. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. 3. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks,and multi-family residential developments. U. Railroad crossings. Where an adjacent development results in a need to install or improve a railroad crossing, the cost for such improvements may be a condition of development approval, or another equitable means of cost distribution shall be determined by the public works Director and approved by the Commission. V. Street signs. The City shall install all street signs, relative to traffic control and street names, as specified by the City Engineer for any development. The cost of signs shall be the responsibility of the developer. W. Mailboxes. Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least two dwelling units. 1. Joint mailbox structures shall be placed adjacent to roadway curbs; 2. Proposed locations of joint mailboxes shall be designated on a copy of the preliminary plat or development plan, and shall be approved by the City Engineer/US Post Office prior to final plan approval; and 3. Plans for the joint mailbox structures to be used shall be submitted for approval by the City Engineer/US Post Office prior to final approval. X. Traffic signals. The location of traffic signals shall be noted on approved street plans. Where a proposed street intersection will result in an immediate need for a traffic signal, a signal meeting approved specifications shall be installed. The cost shall be included as a condition of development. Y. Street light standards. Street lights shall be installed in accordance with regulations adopted by the City's direction. Z. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required. Street Utility Improvement Standards 18.810-14 Code Update: 10/02 • AA. Street cross-sections. The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final City acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the City Engineer. The final lift shall also be placed no later than when 90% of the structures in the new development are completed or three years from the commencement of initial construction of the development, whichever is less. 1. Sub-base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphaltic concrete; 3. The final lift shall be placed on all new construction roadways prior to City final acceptance of the roadway; however, not before 90% of the structures in the new development are completed unless three years have elapsed since initiation of construction in the development; 4. The final lift shall be Class C asphaltic concrete as defined by A.P.W.A. standard specifications; and 5. No lift shall be less than 1-1/2 inches in thickness. (Ord. 99-22) AB. Traffic calming. When, in the opinion of the City Engineer, the proposed development will create a negative traffic condition on existing neighborhood streets, such as excessive speeding, the developer may be required to provide traffic calming measures. These measures may be required within the development and/or offsite as deemed appropriate. As an alternative, the developer may be required to deposit funds with the City to help pay for traffic calming measures that become necessary once the development is occupied and the City Engineer determines that the additional traffic from the development has triggered the need for traffic calming measures. The City Engineer will determine the amount of funds required, and will collect said funds from the developer prior to the issuance of a certificate of occupancy, or in the case of subdivision, prior to the approval of the final plat. The funds will be held by the City for a period of five (5)years from the date of issuance of certificate of occupancy, or in the case of a subdivision, the date of final plat approval. Any funds not used by the City within the five-year time period will be refunded to the developer. AC. Traffic study. 1. A traffic study shall be required for all new or expanded uses or developments under any of the following circumstances: a. when they generate a 10% or greater increase in existing traffic to high collision intersections identified by Washington County. b. Trip generations from development onto the City street at the point of access and the existing ADT fall within the following ranges: Existing ADT ADT to be added by development 0-3,000 vpd 2,000 vpd 3,001-6,000 vpd 1,000vpd >6,000 vpd 500 vpd or more Street Utility Improvement Standards 18.810-15 Code Update: 10/02 • • c. If any of the following issues become evident to the City engineer: (1) High traffic volumes on the adjacent roadway that may affect movement into or out of the site (2) Lack of existing left-turn lanes onto the adjacent roadway at the proposed access drive(s) (3) Inadequate horizontal or vertical sight distance at access points (4) The proximity of the proposed access to other existing drives or intersections is a potential hazard (5) The proposal requires a conditional use permit or involves a drive-through operation (6) The proposed development may result in excessive traffic volumes on adjacent local streets. 2. In addition, a traffic study may be required for all new or expanded uses or developments under any of the following circumstances: a. when the site is within 500 feet of an ODOT facility and/or b. trip generation from a development adds 300 or more vehicle trips per day to an ODOT facility and/or c. trip generation from a development adds 50 or more peak hour trips to an ODOT facility. (Ord. 02-33) 18.810.040 Blocks A. Block design. The length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. B. Block Sizes. 1. The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the centerline of the streets except: a. Where street location is precluded by natural topography, wetlands, significant habitat areas or ether bodies of water,or pre-existing development;or b. For blocks adjacent to arterial streets, limited access highways,collectors or railroads. c. For non-residential blocks in which internal public circulation provides equivalent access. 2. Bicycle and pedestrian connections on public easements or right-of-ways shall be provided when Street Utility Improvement Standards 18.810-16 Code Update: 10/02 • • full street connection is exempted by B.1 above. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. (Ord. 02-33) 18.810.050 Easements A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a development traversed by a watercourse, or drainageway,there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of the watercourse. B. Utility easements. A property owner proposing a development shall make arrangements with the City, the applicable district and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The City's standard width for public main line utility easements shall be 15 feet unless otherwise specified by the utility company, applicable district,or City Engineer. 18.810.060 Lots A. Size and shape. Lot size, width, shape and orientation shall be appropriate for the location of the development and for the type of use contemplated, and: 1. No lot shall contain part of an existing or proposed public right-of-way within its dimensions; 2. The depth of all lots shall not exceed 2-1/2 times the average width, unless the parcel is less than 1-1/2 times the minimum lot size of the applicable zoning district; 3. Depth and width of properties zoned for commercial and industrial purposes shall be adequate to provide for the off-street parking and service facilities required by the type of use proposed. B. Lot frontage. Each lot shall abut upon a public or private street, other than an alley, for a width of at least 25 feet unless the lot is created through a minor land partition in which case Subsection 18.162.050 (C) applies, or unless the lot is for an attached single-family dwelling unit, in which case the lot frontage shall be at least 15 feet. C. Through lots. Through lots shall be avoided except where they are essential to provide separation of residential development from major traffic arterials or to overcome specific disadvantages of topography and orientation, and: 1. A planting buffer at least ten feet wide is required abutting the arterial rights-of-way;and 2. All through lots shall provide the required front yard setback on each street. D. Lot side lines. The side lines of lots, as far as practicable, shall be at right angles to the street upon which the lots front. E. Large lots. In dividing tracts into large lots or parcels which at some future time are likely to be redivided,the Commission may require that the lots be of such size and shape, and be so divided into building sites, and contain such site restrictions as will provide for the extension and opening of Street Utility Improvement Standards 18.810-17 Code Update: 10/02 • streets at intervals which will permit a subsequent division of any tract into lots or parcels of smaller size. The land division shall be denied if the proposed large development lot does not provide for the future division of the lots and future extension of public facilities. 18.810.070 Sidewalks A. Sidewalks. All industrial streets and private streets shall have sidewalks meeting City standards along at least one side of the street. All other streets shall have sidewalks meeting City standards along both sides of the street. A development may be approved if an adjoining street has sidewalks on the side adjoining the development,even if no sidewalk exists on the other side of the street B. Requirement of developers 1. As part of any development proposal, or change in use resulting in an additional 1,000 vehicle trips or more per day,an applicant shall be required to identify direct, safe(1.25 x the straight line distance) pedestrian routes within 1/2 mile of their site to all transit facilities and Neighborhood Activity Centers (schools, parks, libraries, etc.). In addition, the developer may be required to participate in the removal of any gaps in the pedestrian system off-site if justified by the development. 2. If there is an existing sidewalk, on the same side of the street as the development, within 300 feet of a development site in either direction, the sidewalk shall be extended from the site to meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity center). C. Planter strip requirements. A planter strip separation of at least five feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions exist: there is inadequate right-of-way; the curbside sidewalks already exist on predominant portions of the street; it would conflict with the utilities, there are significant natural features (large trees, water features, habitat areas, etc)that would be destroyed if the sidewalk were located as required, or where there are existing structures in close proximity to the street (15 feet or less)_Additional consideration for exempting the planter strip requirement may be given on a case by case basis if a property abuts more than one street frontage. D. Sidewalks in central business district. In the central business district, sidewalks shall be 10 feet in width, and: 1. All sidewalks shall provide a continuous unobstructed path;and 2. The width of curbside sidewalks shall be measured from the back of the curb. E. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. F. Application for permit and inspection. If the construction of a sidewalk is not included in a performance bond of an approved subdivision or the performance bond has lapsed, then every person, firm or corporation desiring to construct sidewalks as provided by this chapter, shall, before entering upon the work or improvement, apply for a street opening permit to the Engineering department to so build or construct: Street Utility Improvement Standards 18.810-18 Code Update: 10/02 • • I. An occupancy permit shall not be issued for a development until the provisions of this section are satisfied. 2. The City Engineer may issue a permit and certificate allowing temporary noncompliance with the provisions of this section to the owner, builder or contractor when, in his opinion, the construction of the sidewalk is impractical for one or more of the following reasons: a. Sidewalk grades have not and cannot be established for the property in question within a reasonable length of time; b. Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk; c. Street right-of-way is insufficient to accommodate a sidewalk on one or both sides of the street;or d. Topography or elevation of the sidewalk base area makes construction of a sidewalk impractical or economically infeasible; and 3. The City Engineer shall inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual. G. Council initiation of construction. In the event one or more of the following situations are found by the Council to exist, the Council may adopt a resolution to initiate construction of a sidewalk in accordance with City ordinances: 1. A safety hazard exists for children walking to or from school and sidewalks are necessary to eliminate the hazard; 2. A safety hazard exists for pedestrians walking to or from a public building, commercial area, place of assembly or other general pedestrian traffic, and sidewalks are necessary to eliminate the hazard; 3. 50% or more of the area in a given block has been improved by the construction of dwellings, multiple dwellings,commercial buildings or public buildings and/or parks;and 4. A criteria which allowed noncompliance under Section E.l.b above no longer exists and a sidewalk could be constructed in conformance with City standards.(Ord. 02-33, Ord. 99-22) 18.810.080 Public Use Areas A. Dedication requirements. 1. Where a proposed park, playground or other public use shown in a development 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. Street Utility Improvement Standards 18.810-19 Code Update: 10/02 • • 2. 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. B. Acquisition by public agency. If the developer is required to reserve land area for a park, playground, or other public use, such land shall be acquired by the appropriate public agency within 18 months following plat approval, at a price agreed upon prior to approval of the plat, or such reservation shall be released to the subdivider. (Ord. 99-22) 18.810.090 Sanitary Sewers A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. B. Sewer plan approval. The City Engineer shall approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service. C. Over-sizing. Proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. D. Permits denied. Development permits may be restricted by the Commission or Hearings Officer where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified within the development and which if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of the sewage treatment system. 18.810.100 Storm Drainage A. General provisions. The Director and City Engineer shall issue a development permit only where adequate provisions for storm water and flood water runoff have been made, and: 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street;and 3. Surface water drainage patterns shall be shown on every development proposal plan. B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance. Street Utility Improvement Standards 18.810-20 Code Update: 10/02 • • C. Accommodation of upstream drainage. A culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development,and: 1. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). D. Effect on downstream drainage. Where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). 18.810.110 Bikeways and Pedestrian Pathways A. Bikeway extension. 1. As a standard, bike lanes shall be required along all Arterial and Collector routes and where identified on the City's adopted bicycle plan in the Transportation System Plan(TSP). 2. Developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or rights-of-way, provided such dedication is directly related to and roughly proportional to the impact of the development. 3. Any new street improvement project shall include bicycle lanes as required in this document and on the adopted bicycle plan. B. Cost of construction. Development permits issued for planned unit developments, conditional use permits, subdivisions and other developments which will principally benefit from such bikeways shall , be conditioned to include the cost or construction of bikeway improvements in an amount roughly proportional to the impact of the development. C. Minimum width. 1. Minimum width for bikeways within the roadway is five feet per bicycle travel lane. 2. Minimum width multi-use paths separated from the road is ten (10) feet. The width may be reduced to eight(8) feet if there are environmental or other constraints. 3. The minimum width for pedestrian only off-street paths is five(5)feet. 4. Design standards for bike and pedestrian-ways shall be determined by the City Engineer. (Ord. 02-33,Ord.99-22) Street Utility Improvement Standards 18.810-21 Code Update: 10/02 • • 18.810.120 Utilities A. Underground utilities. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: 1. The developer shall make all necessary arrangements with the serving utility to provide the underground services; 2. The City reserves the right to approve location of all surface mounted facilities; 3. All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and 4. Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. B. Information on development plans. The applicant for a development shall show on the development plan or in the explanatory information,easements for all underground utility facilities,and: 1. Plans showing the location of all underground facilities as described herein shall be submitted to the City Engineer for review and approval;and 2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. C. Exception to under-grounding requirement. 1. The developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of undergrounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which undergrounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. 2. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay the fee in-lieu of undergrounding. 3. Properties within the CBD zoning district shall be exempt from the requirements for undergrounding of utility lines and from the fee in-lieu of undergrounding. 4. The exceptions in Subsections 1 through 3 of this section shall apply only to existing utility lines. All new utility lines shall be placed underground. D. Fee in-lieu of undergrounding. Street Utility Improvement Standards 18.810-22 Code Update: 10/02 • • 1. The City Engineer shall establish utility service areas in the City. All development which occurs within a utility service area shall pay a fee in-lieu of undergrounding for utilities if the development does not provide underground utilities, unless exempted by this code. 2. The City Engineer shall establish the fee by utility service area which shall be determined based upon the estimated cost to underground utilities within each service area. The total estimated cost for undergrounding in a service area shall be allocated on a front-foot basis to each party within the service area. The fee due from any developer shall be calculated based on a front-foot basis. 3. A developer shall receive a credit against the fee for costs incurred in the undergrounding of existing overhead utilities. The City Engineer shall determine the amount of the credit, after review of cost information submitted by the applicant with the request for credit. 4. The funds collected in each service area shall be used for undergrounding utilities within the City at large. The City Engineer shall prepare and maintain a list of proposed undergrounding projects which may be funded with the fees collected by the City. The list shall indicate the estimated timing and cost of each project. The list shall be submitted to the City Council for their review and approval annually. 18.810.130 Cash or Bond Required A. Guarantee. All improvements installed by the developer shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City Council. B. Cash deposit or bond. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. C. Compliance requirements. The cash or bond shall comply with the terms and conditions of Section 18.430.090. 18.810.140 Monuments A. Replacement required. Any monuments that are disturbed before all improvements are completed by the subdivider shall be replaced prior to final acceptance of the improvements. 18.810.150 Installation Prerequisite A. Approval required. No public improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans have been approved by the City,permit fee paid,and permit issued. B. Permit fee. The permit fee is required to defray the cost and expenses incurred by the City for construction and other services in connection with the improvement. The permit fee shall be set by Council resolution. 18.810.160 Installation Conformation A. Conformance required. In addition to other requirements, improvements installed by the developer Street Utility Improvement Standards 18.810-23 Code Update: 10/02 • either as a requirement of these regulations or at his own option, shall conform to the requirements of this chapter and to improvement standards and specifications followed by the City. B. Adopted installation standards. The Standard Specifications for Public Works Construction, Oregon Chapter A.P.W.A., and Design and Construction Standards for Sanitary and Surface Water Management(as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) shall be a part of the City's adopted installation standard(s); other standards may also be required upon recommendation of the City Engineer. 18.810.170 Plan Check A. Submittal requirements. Work shall not begin until construction plans and construction estimates have been submitted and checked for adequacy and approved by the City Engineer in writing. The developer can obtain detailed information about submittal requirements from the City Engineer. B. Compliance. All such plans shall be prepared in accordance with requirements of the City. 18.810.180 Notice to City A. Commencement. Work shall not begin until the City has been notified in advance. B. Resumption. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.190 City Inspection A. Inspection of improvements. Improvements shall be constructed under the inspection and to the satisfaction of the City. The City may require changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest. 18.810.200 Engineer's Certification A. Written certification required. The developer's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade,prior to City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. 18.810.210 Completion Requirements(To be completed.)■ Street Utility Improvement Standards 18.810-24 Code Update: 10/02