01/14/2013 - Packet
Completeness Review
for Boards, Commissions
and Committee Records
CITY OF TIGARD
Planning Commission
Name of Board, Commission or Committee
Date of Meeting
I have verified these documents are a complete copy of the official record.
Doreen Laughlin
Print Name
Signature
Date
PLANNING COMMISSION AGENDA – JANUARY 14, 2013
City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | 503-639-4171 | www.tigard-or.gov | Page 1 of 1
City of Tigard
Planning Commission Agenda
MEETING DATE: January 14, 2013; 7:00 p.m.
MEETING LOCATION: City of Tigard – Town Hall
13125 SW Hall Blvd., Tigard, OR 97223
1. CALL TO ORDER 7:00 p.m.
2. ROLL CALL 7:00 p.m.
3. COMMUNICATIONS 7:01 p.m.
4. CONSIDER MINUTES 7:03 p.m.
5. PUBLIC HEARING 7:05 p.m.
DEVELOPMENT CODE AMENDMENT (DCA) 2012-00004
DURHAM ADVANCED WASTEWATER TREATMENT FACILITY PLAN DISTRICT &
GENERAL PLAN DISTRICT STANDARDS DEVELOPMENT CODE AMENDMENT
REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC)
and Zoning Map in a combined amendment package to adopt two new chapters and clarify the applicable
boundaries of four existing chapters. The City proposes the adoption of Chapter 18.605 (Plan Districts) to
provide a purpose statement and approval standards for the adoption of future plan districts or the
modification of existing and future community plan districts. The City and Clean Water Services jointly
propose the adoption of Chapter 18.650 to create a new plan district to govern future development within the
106 acre Durham Advanced Wastewater Treatment Facility (Durham Facility). The City also proposes text
amendments to TDC Chapters 18.600, 610, 620, 630, and 640 to create a uniform naming convention and
add boundary maps to provide clarity as to where the regulations apply; boundary maps to be identical to
those adopted with the applicable chapters and are for illustrative and clarifying purposes only. The City also
proposes corresponding changes to the official Zoning Map to add the boundaries of the Durham Facility
Plan District and four other existing plan districts which are not presently shown (Downtown, Tigard
Triangle, Washington Square Regional Center, and Durham Quarry aka Bridgeport Village).
LOCATION: Citywide
6. ACTION ITEM: PLANNING COMMISSION ELECTIONS 8:05 p.m.
7. DISCUSSION: PLANNING COMMISSION 2013 GOALS 8:20 p.m.
8. OTHER BUSINESS 9:20 p.m.
9. ADJOURNMENT 9:30 p.m.
City of Tigard
PLEASE PLACE UNDER CITY OF TIGARD LOGO IN THE LEGAL
NOTICE SECTION OF THE TIGARD TIMES, THE FOLLOWING:
PUBLIC HEARING ITEM:
The following will be considered by the Tigard Planning Commission at a Public Hearing on Monday January 14, 2013
at 7:00 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon.
Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and rules of
procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060.E. The
Planning Commission’s review is for the purpose of making a recommendation to the City Council on the request. The
Council will then hold a public hearing on the request prior to making a decision.
Further information may be obtained from the City of Tigard Planning Division (Staff contact: John Floyd) at 13125 SW
Hall Blvd., Tigard, Oregon 97223, by calling 503-718-2429 or by e-mail to johnfl@tigard-or.gov.
DEVELOPMENT CODE AMENDMENT (DCA) 2012-00004
- DURHAM ADVANCED WASTEWATER TREATMENT FACILITY PLAN
DISTRICT & GENERAL PLAN DISTRICT STANDARDS DEVELOPMENT
CODE AMENDMENT -
REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC) and Zoning
Map in a combined amendment package to adopt two new chapters and clarify the applicable boundaries of four existing
chapters. The City proposes the adoption of Chapter 18.605 (Plan Districts) to provide a purpose statement and approval
standards for the adoption of future plan districts or the modification of existing and future community plan districts. The
City and Clean Water Services jointly propose the adoption of Chapter 18.650 to create a new plan district to govern future
development within the 106 acre Durham Advanced Wastewater Treatment Facility (Durham Facility). The City also
proposes text amendments to TDC Chapters 18.600, 610, 620, 630, and 640 to create a uniform naming convention and add
boundary maps to provide clarity as to where the regulations apply; boundary maps to be identical to those adopted with the
applicable chapters and are for illustrative and clarifying purposes only. The City also proposes corresponding changes to
the official Zoning Map to add the boundaries of the Durham Facility Plan District and four other existing plan districts
which are not presently shown (Downtown, Tigard Triangle, Washington Square Regional Center, and Durham Quarry aka
Bridgeport Village). LOCATION: Citywide and as shown on attached map. APPLICABLE REVIEW CRITERIA:
Statewide Planning Goals 1, 2, 6, 9, 10, 11 and 13; Metro Urban Growth Management Function Plan Title 4;
Comprehensive Plan Goals 1, 2, 6, 9, 10, and 11; and Community Development Code Chapters 18.380 and 18.390.
TT PUBLISH DATE: January 3, 2012
Attachment “1”
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CITY OF TIGARD
DURHAM ADVANCED WASTEWATER TREATMENT
FACILITY PLAN DISTRICT
PROJECT REPORT & DRAFT AMENDMENTS
JANUARY 2013
Staff Contact:
John Floyd, Associate Planner
503-718-2429
johnfl@tigard-or.gov
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TABLE OF CONTENTS
Section I: Project Background………………………………………………………………3
Introduction
Project Background
Site and Vicinity
Land Use Regulation – History and Context
Intergovernmental Agreement to Establish Plan District
Section II: Maps………………………………………………………………………………9
Existing Land Uses
Existing Regulations
Sensitive Land Areas
Existing Trails & Right of Way
City of Durham Zoning Map
Section III: Project Issues……………………………………………………………………15
Plan Districts Generally
From Master Plan to Dynamic Growth
Off-Site Impacts
Resource Recovery & Public/Private Partnerships
Circulation
Section IV: Proposed Development Code Amendments…………………………………...21
Changes to Zoning District Map
Changes to 18.120 Definitions
Changes to 18.530 Industrial Zoning Districts.
Creation of 18.605 Plan Districts Generally
Changes to 18.610 Tigard Downtown District Development & Design Standards
Changes to 18.620 Tigard Triangle Design Standards
Changes to 18.630 Washington Square Regional Center
Changes to 18.640 Durham Quarry Design Standards
Creation of 18.650 Durham Advanced Wastewater Treatment Facility Plan District
Section V:
Appendices………………………………………………………………………………89
A. Technical Memorandum: Background and Suggested Approach for Addressing
Odor
B. Technical Memorandum: Suggested Approach for Addressing Noise
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SECTION I: PROJECT BACKGROUND
Introduction
This project proposes new land use regulations for an existing regional wastewater treatment plant
within the City of Tigard. These regulations will principally reside within a new, single-use plan
district. The purpose of this district is to acknowledge the future operation, modification, and
growth of the wastewater facility, while avoiding or mitigating off-site impacts that may negatively
affect adjoining properties and public facilities. Associated with this project is a new development
code chapter intended to govern plan districts generally, as the code presently lacks a clear
mechanism for their adoption and administration.
Project Background
Founded in 1970, Clean Water Services (CWS) is a special district charged with managing water
quality within the Tualatin River watershed, including the operation of separate stormwater and
sanitary sewer systems that service urbanized Washington County. Operating under a watershed
based National Pollutant Discharge Elimination System (NPDES) permit, sanitary sewer treatment
occurs at four treatment facilities located in Hillsboro, Forest Grove, and the City of Tigard. The
second largest of these, Durham Advanced Wastewater Treatment Facility (Durham Facility), began
operations in 1976 and replaced 14 decentralized wastewater plants scattered around the region. In
1978 the facility was annexed by the City of Tigard.
The service population of Durham Facility is approximately 210,000 people residing within the cities
of Beaverton, Durham, King City, Sherwood, Tigard, Tualatin, portions of Southwest Portland and
Lake Oswego, and unincorporated urban areas within Washington County. Durham Facility is
designed to clean an average of 26 million gallons of wastewater per day (MGD) in dry weather, and
a daily wet weather average of 79 MGD. Average flows consist of approximately 96 percent
domestic and 4 percent industrial and commercial waste. Effluent water is discharged to the
Tualatin river or for reuse by Tigard High School and nearby golf-courses for irrigation purpose.
Biosolid waste (approximately 14 dry tons daily) is removed for use as soil amendments by
agricultural users.
During a routine pre-application conference for a new “Fats, Oils, and Grease” building, the City of
Tigard discovered that Durham Facility is no longer an allowed land use within either of the zoning
districts it straddles. This fact renders the Durham Plant a nonconforming land use, complicating
upgrades of the existing facility and prohibiting expansion beyond the current footprint. From a
practical and regulatory standpoint, this is not a tenable situation due to potential risks to public
health, the difficulties it creates for CWS to comply with state and federal regulations, and the city’s
interest in maintaining a cooperative relationship with CWS. Moving the facility would present
significant costs to both Tigard and the region that are neither practicable nor quick. As a critical
regional facility that cannot be easily relocated, and is charged with meeting stringent state and
federal permitting standards, both the City of Tigard and CWS find it prudent and desirable to
amend the Tigard Community Development Code to allow necessary expansion and upgrades.
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Site and Vicinity
As shown on maps contained in Section II of this project report, Durham Facility encompasses 8
parcels and approximately 106 acres of land within the City of Tigard. Elevation on the site varies
by approximately 70 feet, sloping in a southerly direction towards the Tualatin River. Approximately
two-thirds of the site consists of an upland area, with the remainder located within Tualatin River
floodplain. A steep embankment roughly demarcates these two areas. The upper campus contains
administrative offices and extensive landscaping along the northern boundary, which visibly screen
the waste processing and recovery facilities occupying the center of the campus. An artificial berm
roughly demarcates the western boundary of the upper campus, and is intended to screen the facility
from adjacent residential and educational land use. The lower campus is largely undeveloped
including restored riparian forest, oak savannah, and wet prairie interspersed with public trails that
connect to a regional trail network. Inventoried wetlands cover a significant portion of the lower
campus.
As shown on the existing land uses map within Section II of this report, the campus is roughly
bounded by Durham Road to the North, railroad tracks to the southeast, the Tualatin River to the
South, and a variety of adjoining land uses along the northeastern and western perimeters. Adjacent
land uses within the City of Tigard include two light industrial parks, Durham Elementary School,
Tigard High School, Waverly Estates Subdivision, and Cook Park. Beyond Durham Road to the
north are a mixture of single and multi-family land uses, and a small neighborhood commercial
center. Durham City Park adjoins the campus to the east, and Tualatin Country Club lies across the
Tualatin River to the south.
As shown on the Trails and Existing Right of Way map in Section II of this report, Durham Facility
is roughly bisected by SW 85th Avenue, a designated arterial and bike route, which provides primary
access to the facility via Durham Road and Hall Boulevard. Adjoining Durham Facility to the west
is Waverly Drive, the primary access road for Waverly Estates Subdivision, which ends at a barricade
at the Durham Facility boundary. Unimproved right-of-way connects Waverly Drive with SW 85th
Avenue, crossing a restricted but largely unimproved portion of Durham Facility. Public sidewalks
and mixed-use trails provide cross-campus connections along 85th Avenue and across the lower
campus area, connecting to Cook Park, Durham City Park, and Tualatin Community Park via the
Kia-a-kuts Bridge.
Land Use Regulation – History and Context
Following annexation in 1976, the City of Tigard authorized two major expansions in 1990 and 1999
respectively. Both were processed as Conditional Use Permits, with the latter subject to multiple
“minor modifications” in subsequent years.
A review of City records revealed the following land use permits applicable to the facility:
CU88-07 – Authorized construction of the Headworks Building on west side of 85th Avenue.
CUP90-00002 - Authorized a major modification of the existing conditional use (expansion
of Durham Facility).
CUP90-00003 – Sensitive Lands Review authorizing fill in a designated floodplain.
VAR90-00015 – Variance to exceed maximum allowable height in the I-P Zone.
CUP1999-00003 – Major Modification authorizing a three-phased expansion through 2010.
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CUP2000-00001 – Cook Park Expansion, including the construction of an emergency access
drive / bike-pedestrian pathway between 85th Avenue and Cook Park. This trail was
constructed in part on CWS property.
SDR2002- Site Development Review for a new 100’ monopole and associated equipment
buildings.
ZCA2003-00007 – Zone Change Annexation to annex three CWS owned parcels and one
City of Tigard owned parcel.
MMD2007-00009 – Minor Modification authorizing a fourth carrier on previously approved
monopole.
MMD2009-00009 allowed changes to two driveway entrances.
MMD2009-00023 allowed the construction of a 480 square foot pole barn.
MMD2010-00001 allowed the replacement of an interior heating unit with an exterior
heating unit on a 75 sq. ft. pad.
MMD2010-00007 allowed expansion of the existing headworks building by approximately
2,000 square feet.
As a result of incremental expansion, Durham facility is now within multiple Comprehensive Plan
designations and Zoning Districts. The majority of the facility is within Public Institution and Open
Space designations, with the more recent expansion within Low Density Residential or Light
Industrial designations. Zoning on the property is similarly split, with a majority of the property
zoned Industrial Park, and the remainder R-4.5 Low Density Residential. Surrounding land uses are
zoned Industrial Park to the east and residential to the north and west. Properties to the south and
southeast are located within the Cities of Durham and Tualatin. None of the existing districts allow
waste-related land uses, restricting if not prohibiting the future expansion and upgrades of the
facility.
Inventoried sensitive land areas are present on a significant portion of the campus, and
predominantly in the southern portion of the site near the Tualatin River. The lower campus
(approximately 36 acres) is located almost entirely within FEMA 100 year floodplain. Within the
floodplain are wetland areas that appear on the City of Tigard Local Wetlands Inventory (Unit 9;
Wetlands F-19, F-21, and F-26). Significant habitat areas are also present on the southerly portion
of the campus. Steep slopes (greater than 25%) have also been identified, and are scattered around
the campus as a result of natural processes and human activity.
1998 Development Code Revisions
The Tigard Community Development Code (TDC) categorizes the existing wastewater treatment
facility as a “waste-related” land use (TDC 18.130.070.H). A review of Tigard Development Code
Tables 18.510.1 and 18.530.1 reveals that waste-related land uses are no longer an allowed use in
either of the zoning districts that govern the facility. This complicates, if not prohibits, future
modifications and expansions of Durham Facility.
This nonconformity appears to be the result of text changes to the Tigard Development Code
during its last major update and reorganization in 1998. A review of Ordinance No. 98-19 revealed
that the land use category for “utilities” was broken up into two separate categories: “basic utilities”
and “waste-related”. Of the two categories, the treatment plant clearly falls into the latter as there is
little ambiguity in the descriptive language or examples provided. This change in the Development
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Code was not reflected in the 1999 conditional use permit which incorrectly classifies the wastewater
treatment plant as a “basic utility”. The record is unclear as to how this error was made.
Intergovernmental Agreement to Establish a Plan District
As a matter of policy, the City of Tigard wishes to support the continued operation and upgrade of
Durham Facility. This position is reflected in the recently updated Comprehensive Plan (see Goal
11.3 and Policies 11.3.2 & 3) which calls for continued collaboration with CWS in the planning,
operation, and maintenance of a wastewater management system. In order to further this policy
position, the Community Development Code (Title 18) must be amended.
Two options for amending the development code were evaluated by City of Tigard and CWS staff,
including: (1) a zone change and comprehensive plan amendment to assign a Heavy Industrial land
use designation, and (2) the creation of a new plan district with site specific regulations to provide
flexibility and better protections for adjoining properties. Of the two, both the City of Tigard and
CWS prefer the plan district option. While the Heavy Industrial District allows the operation of a
wastewater treatment plant, it is a district intended for the operation of intensive land uses that
would generally be disruptive to adjacent and established residential, commercial, and civic land uses.
As a result, the City’s Heavy Industrial District regulations do not contain standards that can
adequately protect sensitive adjacent land uses. In contrast the plan district option is able to provide
more flexibility to CWS in performing its mission, while providing superior mitigation of off-site
impacts to adjoining residences, schools, and public facilities. This solution was formalized in an
Intergovernmental Agreement that was approved by the City Council June 12, 2012.
The signed intergovernmental agreement does not bind the City or CWS to a particular outcome.
Rather, it forms a broad framework for mutual cooperation in the development of new land use
regulations. Of particular note is Special Term B.3 of the IGA that sets forth the purposes of the
Durham Facility Plan District:
Purposes of Durham Facility Plan District. The Durham Facility Plan District is intended to provide
standards while preserving CWS’s flexibility in the operation, modification, up-grade and expansion of the
Durham Facility. The City and CWS desire to establish through the Durham Facility Plan District a
single framework and process allowing for the following:
a. the expansion of the Durham Facility to accommodate future urban growth or enhanced wastewater
treatment capability;
b. the adaptation of the Durham Facility to satisfy changes in environmental or regulatory standards
and to incorporate technological advances or new methodologies in: wastewater treatment; waste-
handling and processing; and wastewater, energy, and nutrient recovery;
c. avoidance, management, and/or mitigation of negative off-site impacts on land uses adjacent to the
Durham Facility, recognizing that certain impacts are inherent in the operation of a regional
wastewater treatment facility and that such impacts should be balanced with the overall community
benefit such facilities provide;
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d. addressing transportation system impacts from future changes at the Durham Facility;
e. the creation of specific land use and permitting processes for the Durham Facility that will allow
permit issuance on a timely basis; and
f. the regulation of land uses, site and building design and environmental impacts from new
development within the Durham Facility Plan District, taking into account the specialized
operational requirements and the regional service nature of the Durham Facility.
This purpose statement guides the form and content of the proposed amendments, and forms the
basis for a mutually agreed upon proposal for the Planning Commission and City Council to
consider.
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SECTION II: MAPS
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Map 1: Existing Land Uses
11
Map 2: Existing Zoning
12
Map 3: Existing Trails & Right of Way
13
Map 4: Sensitive Lands Within Project Vicinity
14
Map 5: City of Durham Zoning Map
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SECTION III: PROJECT ISSUES
The purpose of this section is to identify key issues to be addressed in the project, followed by
recommended code amendments to address the issues.
Project Issue 1: Plan Districts Generally
Issue:
The Community Development Code inadequately regulates the establishment and administration of
plan districts. The four existing chapters (Downtown, Washington Square, Tigard Triangle, and
Durham Quarry) vary in content and form, and present administrative challenges in their
application. These inadequacies generally fall into one of three categories.
The Development Code does not address the creation or role of plan districts. This includes
their general purpose, approval process and criteria, relationship to other regulations, and
minimum form and content.
Existing plan districts are not uniform in structure, are not always clear in their relationship
to other regulations, and lack identifying maps of where the districts apply.
The official Tigard Zoning Map does not identify the boundaries of existing plan districts.
Recommended Actions:
Adopt Chapter 18.605 (Plan Districts) to govern the adoption, modification, and administration of existing
and future plan districts within the City of Tigard.
Amend Chapters 18.610, 620, 630, and 640 to include maps of plan district areas. These maps will be
consistent with existing boundaries as adopted by the City Council.
Amend City of Tigard Zoning Map to clearly identify the boundaries of the four existing plan districts.
Project Issue 2: From Master Plan to Dynamic Growth
Issue:
A review of land use records indicates the city has historically relied upon strictly phased, ten-year
master plans to govern the expansion of Durham Facility. This tool allowed lengthier spacing
between conditional use permits, and set clear expectations for Clean Water Services (CWS) and the
City as to the timing of public improvements and other conditions of approval. This historical tool
is becoming more of a hindrance in the increasingly dynamic and time-sensitive operating
environment under which CWS now operates.
Recent evolutions in flow modeling, waste treatment, and resource recovery are resulting in
significant increases in efficiency and more precise targeting of improvements to predicted
contaminants and flow levels. This efficiency comes with a growing emphasis on modification and
enhancement of existing systems in-lieu of raw capacity expansion, and is resulting in a decreased
use of the strictly phased master plans that have been the historical basis of land use permitting.
This shift makes conditional use permits, the City’s historical vehicle for the approval of CWS
master plans, less useful for both CWS and the City as physical improvements are increasingly
16
targeted towards near term demand, with a greater emphasis on modification of existing systems
over expansion.
In addition to technological advances, Durham facility is subject to increasing regulation from the
Oregon Department of Environmental Quality (DEQ), United States Environmental Protection
Agency (EPA), and the United States Department of Agriculture (USDA). These agencies regulate
the release and reuse of effluent water, the operation of power generators and flaring, odor control,
the disposal of biosolids, and the production of fertilizer from recovered nutrients present in the
waste stream. Oversight by these agencies is ongoing through the issuance of operating permits
with stringent performance standards. Applicable legal requirements include, but are not limited to,
the following:
Federal Clean Water Act
Federal Clean Air Act
40 CFR Part 503 (Standards for the Use or Disposal of Sewage Sludge)
ORS 454 (Sewage Treatment and Disposal Systems)
ORS 468A (Air Quality)
ORS 468B (Water Quality)
As a result of these technological and regulatory conditions, land use permitting is occurring closer
to construction and with increasing frequency. Without clear and objective approval standards to
aid in design and permit review, both the City and CWS will be subject to increasing administrative
burdens. These increasing administrative burdens may challenge CWS’s ability to comply with local,
state, and federal regulations in its planning, operation, and expansions of Durham facility. The
need to further develop the facility must be balanced with a public interest in ensuring that major
improvements with the potential to affect off-site properties are reviewed in a manner that provides
for an appropriate level of public involvement.
Recommended Actions:
Amend 18.650 to create a single-use plan district that acknowledges the continued operation, modification,
upgrade, and expansions of the Durham Advanced Wastewater Treatment Facility into the long-term future.
Adopt clear and objective approval criteria that are flexible in nature and focused on off-site impacts to
adjacent land uses or public facilities.
Adopt land use regulations with clearly defined thresholds of review specific to Durham Facility, that include
an appropriate level of coordination with affected agencies and opportunities for public comment.
Project Issue 3: Off-Site Impacts
Issue:
Certain off-site impacts are inherent in the operation of a wastewater treatment plant. These
typically include unwanted noise, unpleasant odors, offsite lights and glare, traffic generation, and
aesthetic impacts. Local and regional urban growth has surrounded Durham Facility with land uses
and populations sensitive to such impacts, including single and multi-family homes, schools, and
parks. Moreover, two arterials intersect at the northern boundary of the facility, exposing both
stationary and pass-through traffic to these impacts. Durham Road averages 21,000 vehicle trips per
day along the northern boundary of Durham Facility, and Hall Boulevard approximately 13,700
vehicle trips per day at its intersection with Durham Road. This close proximity creates the
17
potential for conflict between normal operation of the Durham Facility and adjoining residents and
users, should a facility modification or expansion result in a significant increase in trip generation.
The Tigard Development Code attempts to avoid or mitigate impacts originating from waste-related
facilities through site development review (18.360); base zone standards for use, building design, and
site planning (18.530); environmental performance standards (18.725); landscaping and buffering
standards (18.745); and street standards that address traffic impacts (18.810). At present, the only
zoning district to allow a wastewater treatment plant is Heavy Industrial, which allows intensive land
uses that would generally be disruptive to adjacent and established residential, commercial, and civic
land uses. As such, development standards to protect sensitive land uses do not exist within this
district and cannot be utilized within the present context. Moreover, existing environmental
performance standards do not provide adequate clear and objective criteria for noise and odor
reduction, inhibiting both CWS and the city when designing and reviewing new expansions.
To the degree possible, Clean Water Services strives to avoid, reduce, and mitigate offsite impacts
through the use of odor sampling and reduction, noise dampening, glare reduction, and the use of
landscape and architectural enhancements on areas visible from Durham Road, Waverly Road, and
Cook Park. In recent projects CWS has masked process structures through the use of pitched roofs,
masonry exteriors, and a combination of berming and enhanced landscaping intended to screen and
soften views from public parks, right of ways, and other adjacent uses. The facility also hosts an
annual open house, inviting nearby residents and the general public to tour the facility and engage
with CWS staff regarding any concerns they may have.
Recommended Actions:
Adopt land use and impact regulations specific to the unique functions of Durham Facility and associated off-
site impacts.
Adopt land use regulations that govern use and site/building development by sub-district.
Adopt clear and objective approval criteria to avoid, reduce, and/or mitigate unwanted noise, odors, light and
glare, and/or transportation system impacts.
Project Issue 4: Resource Recovery & Public/Private Partnerships
Issue:
Operational goals at Durham Facility are shifting away from just wastewater treatment, and towards
a mixture of wastewater treatment and resource recovery. The aim of resource recovery is to move
the operations in a more sustainable direction, both financially and ecologically. Examples of this
include the capture of methane to be used in onsite power generation, the use of effluent water for
irrigation, the diversion of biosolids to agricultural end users in-lieu of landfills, and the removal of
waste stream phosphorus for use as fertilizer. This last example was developed through a
public/private partnership between CWS and Ostara, with Durham Facility serving as a testing
ground and now production facility for Crystal Green® fertilizer. In a similar manner, waste
products from the anaerobic treatment process are being increasingly diverted to energy production
and heat re-use. This presently occurs in the capture and use of methane in on-site power-
generators. Similarly, heat and other by-products may be captured and reused on-site or at the
district level. With an increasing emphasis on resource recovery and waste stream diversion,
including some limited onsite processing and manufacturing by for-profit companies or nonprofits,
18
new land use issues may present themselves. This activity is expected to continue and expand into
the future, and present significant economic development opportunities for Tigard and the region.
Recommended Actions:
Adopt use regulations and development standards that anticipate the presence of public, non-profit, or for-
profit entities and activities engaged in waste stream resource recovery and processing.
Adopt use regulations and development standards to govern the use of treatment byproducts for power
generation and heating.
Adopt development standards that address transportation system impacts and other off-site impacts from
activities associated with nutrient recovery and energy production.
Project Issue 5: Site Circulation
Issue:
Durham Facility is a 106 acre campus, occupying a substantial amount of land within Southern
Tigard. The combination of the operational needs of the plant, combined with the large campuses
of the adjoining schools, has resulted in large superblocks that hinder road and bike/pedestrian
connectivity in this area.
Waverly Estates subdivision is the area most affected by this situation. As part of the original
subdivision approval (SUB93-0007), the hearings officer required the provision of emergency access
between the terminus of Waverly Drive and 85th Avenue. The access was provided through the
dedication of right of way, 20 feet wide, for the purpose of bike/pedestrian access and emergency
vehicle access.
This right of way was recorded but not improved, and Waverly Drive presently terminates at a road
block and not a turnaround. When CWS acquired land on the west side of 85th and expanded under
CUP1999-00003, a condition required CWS to maintain emergency vehicle access to Waverly Drive.
At present CWS provides emergency vehicle access, but not along the recorded right-of-way, and
security fencing now prohibits the pedestrian/bicycle connection between these two streets.
In 2002 CWS constructed a mixed-use trail and emergency access route between the southern
terminus of SW 85th and Cook Park. This improvement was approved and constructed as part of
the Cook Park expansion project approved under CUP2000-00001. While direct access is not
provided to Waverly estates, the trail does provide east-west connectivity for bikes and pedestrians
that did not previously exist. This trail was also constructed as a secondary emergency vehicle access
to Cook Park, and by extension Waverly estates and other residential subdivisions should 92nd
Avenue become blocked for some reason.
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Recommended Actions:
Adopt connectivity standards that acknowledge the unique security and operational needs of Durham facility.
Adopt connectivity standards specific to the provision of pedestrian and EMS access to Waverly Drive,
including:
o Vacation of existing right of way between 85th Ave and Waverly Drive.
o Termination of Waverly Drive with a City approved turnaround.
o Permanent provision of EMS access across Durham Facility to Waverly Estates.
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Attachment “1”
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SECTION IV: PROPOSED CODE AMENDMENTS
How to Read This Section
This section is organized by Tigard Development Code chapter number. Where changes are
proposed to existing chapters of the Tigard Development Code, only the affected Section or
Subsection is listed for purposes of brevity.
Odd-numbered pages show the existing language with proposed staff amendments. Text that is to
be added to the code is shown with double underlines. Text that is to be deleted is shown with a
strikethrough. All proposed amendments to add or delete existing language are identified in red
font.
Even-numbered pages contain commentary on the amendments, which establish, in part, the
legislative basis and intent in adopting these amendments.
Staff Commentary
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Staff is recommending the inclusion of plan district boundaries on the official zoning map, as shown
on the opposite page. Inclusion of plan district boundaries is recommended in order to better
communicate the presence and location of special land use regulations to users of the map. It is
expected to be of particular use to parties unfamiliar with Tigard’s land use regulations.
Plan District boundaries for all but the proposed Durham Facility Plan District (currently proposed
in this amendment package) are based on previously adopted boundaries as reflected in the
following Council Ordinances:
Ordinance No. 10-2: Downtown Plan District
Ordinance No. 96-41 & 97-2: Tigard Triangle
Ordinance No. 00-18: Washington Square Regional Center
Ordinance No. 01-07: Durham Quarry aka Bridgeport Village
Proposed Amendments
23
Official Zoning Map
Staff Commentary
24
Staff recommends this statement of intent be abbreviated to remove outdated language regarding
the Tigard Triangle and Washington Square design standards.
Proposed Amendments
25
18.600: COMMUNITY PLAN AREA STANDARDS
LEGISLATIVE NOTES
This section is essentially a “reserve” section for the City to place special subdistrict development
and/or design standards. For example, the new design standards under consideration for the Tigard
Triangle Plan could be incorporated here. This is also the logical location for special standards
related to subdistrict plans for the Washington Square Regional Center and Tigard Town Center,
which are designated on the Metro 2040 Growth Management Functional Plan map to become
high-density, transit-supportive nodes within the City. The City has not yet undertaken the planning
for these special districts.
Staff Commentary
26
Chapter 18.605 is proposed by staff to address Project Issue One as outlined in Section III of this
report, namely that the Tigard Development Code does not address the creation or role of plan
districts. This includes their general purpose, approval process and criteria, relationship to other
regulations, and minimum form and content. Adoption of this chapter would resolve this issue
when future plan districts are adopted.
Proposed Amendments
27
CHAPTER 18.605
PLAN DISTRICTS
Sections:
18.605.010 Purpose
18.605.020 Scope of Plan Districts
18.605.030 Relationship to Other Regulations
18.605.040 Adoption Criteria
18.605.050 Review
18.605.060 Plan District Maps
18.605.010 Purpose
Plan districts address concerns unique to an area when other zoning mechanisms cannot achieve the
desired results. An area may be unique based on natural, economic, or historic attributes; be subject
to problems from rapid or severe transitions of land use; or contain public facilities that require
specific land use regulations for their efficient operation. Plan districts provide a means to modify
zoning regulations for specific areas defined in special plans or studies. Each plan district has its
own nontransferable set of regulations. This contrasts with base zone provisions that are intended to
be applicable in large areas or in more than one area.
18.605.020 Scope of Plan Districts
Plan district regulations may be applied in conjunction with a base zone. The plan district
provisions may modify any portion of the regulations of the base zone or other regulations of this
Title. The provisions may apply additional requirements or allow exceptions to general regulations.
18.605.030 Relationship to Other Regulations
When there is a conflict between the plan district regulations and base zone, or other regulations of
this Title, the plan district regulations control. The specific regulations of the base zone, or other
regulations of this Title apply unless the plan district provides other regulations for the same specific
topic.
Staff Commentary
28
Chapter 18.605 is proposed by staff to address Project Issue One as outlined in Section III of this
report, namely that the Tigard Development Code does not address the creation or role of plan
districts. This includes their general purpose, approval process and criteria, relationship to other
regulations, and minimum form and content. Adoption of this chapter would resolve this issue
when future plan districts are adopted.
Proposed Amendments
29
18.605.040 Adoption Criteria
A plan district may be established by a Type IV procedure as set forth in 18.390.060, if all the
following adoption criteria are met:
A. The area proposed for the plan district has special characteristics or problems of a natural,
economic, historic, public facility, or transitional land use or development nature which are
not common to other areas of the City;
B. Existing base zone provisions are inadequate to achieve a desired public benefit or to
address an identified problem in the area;
C. The proposed plan district and regulations are the result of a study or plan documenting the
special characteristics or problems of the area and how a plan district will best address
relevant issues; and
D. The regulations of the plan district are in conformance with the Comprehensive Plan.
18.605.050 Review
Plan districts and their regulations will be reviewed periodically to determine whether they are still
needed, should be continued, or amended. Plan districts and their regulations will be reviewed as
part of the process for the update of the Comprehensive Plan.
18.605.060 Plan District Maps
The boundaries of each plan district established shall be shown on maps located at the end of each
plan district chapter. In addition, plan district boundaries are identified on the official zoning maps.
Staff Commentary
30
Proposed changes to 18.610 are limited to (1) the establishment of a uniform naming convention for
all chapters within the 18.600 series, and (2) the insertion of clearly legible maps to communicate
previously adopted boundaries. No changes to existing land use regulations or administrative
processes are proposed.
Proposed Amendments
31
Chapter 18.610
TIGARD DOWNTOWN PLAN DISTRICT DEVELOPMENT AND DESIGN
STANDARDS
18.610.010 Purpose and Procedures
A. Purpose. The objectives of the Tigard Downtown Plan District Development and Design
Standards are to implement the Comprehensive Plan, Tigard Downtown Improvement Plan,
and Urban Renewal Plan and ensure the quality, attractiveness, and special character of the
Downtown. The regulations are intended to:
1. Facilitate the development of an urban village by promoting the development of a higher
density, economically viable, and aesthetically pleasing pedestrian-oriented downtown where
people can live, work, play and shop for their daily needs without relying on the automobile.
The quality and scale of the downtown urban environment shall foster social interaction and
community celebration.
2. Encourage the integration of natural features and the open space system into Downtown by
promoting development sensitive to natural resource protection and enhancement;
addressing the relationship to Fanno Creek Park; and promoting opportunities for the
creation of public art and use of sustainable design.
3. Enhance the street level as an inviting place for pedestrians by guiding the design of the
building “walls” that frame the right-of-way (the “public realm”) to contribute to a safe, high
quality pedestrian-oriented streetscape. Building features will be visually interesting and
human-scaled, such as storefront windows, detailed façades, art and landscaping. The impact
of parking on the pedestrian system will also be limited. The downtown streetscape shall be
developed at a human scale and closely connected to the natural environment through
linkages to Fanno Creek open space and design attention to trees and landscapes.
4. Promote Tigard’s Downtown as a desirable place to live and do business. Promote
development of high-quality high density housing and employment opportunities in the
Downtown.
5. Provide a clear and concise guide for developers and builders by employing greater use of
graphics to explain community goals and desired urban form to applicants, residents and
administrators.
B. Conflicting standards. The following standards and land use regulations apply to all development
within the Downtown Mixed Use Central Business District Zoning Distrct (MU-CBD), whose
boundaries are set forth in Map 18.610.B and on the official zoning map. With the exception of
public facility and street requirements, if a design standard found in this section conflicts with
another standard in the Development Code, the standards in this section shall govern, even if
less restrictive than other areas of the code.
Staff Commentary
32
This map is proposed for removal because it is difficult to read when printed in black and white, and
is labeled “Proposed MU-CBD Sub-Areas.” This title is inaccurate in that these boundaries were
adopted by Council under Ordinance No. 10-2, making the graphic outdated and potentially
misleading. The replacement map retains the existing boundaries of the sub-areas, but removes the
word “proposed” and is redrawn to better print in a black and white format.
Proposed Amendments
33
18.610.020 Building and Site Development Standards
A. Sub-areas. The four sub-areas located on Map 610.A and described below have different setback
and height limits in order to create a feeling of distinct districts within the larger zone.
[no change is proposed to the descriptions of the four sub-areas proposed in 18.610.020.A.1-4]
Staff Commentary
34
This map is proposed as a replacement for existing map 18.610.A. Replacement is recommended by
staff because it is difficult to read when printed in black and white, and is inaccurately labeled
“Proposed MU-CBD Sub-Areas.” This title is inaccurate in that sub-district boundaries were
adopted by Council under Ordinance No. 10-2, making the graphic outdated and potentially
misleading. The replacement map retains the existing boundaries of the sub-areas, but removes the
word “proposed” and is redrawn to better print in a black and white format.
Proposed Amendments
35
Map 18.610.A
Staff Commentary
36
Insertion of this map at the end of the chapter is intended to create a uniform structure for all plan
districts, and to clearly communicate the plan district boundaries adopted under Ordinance No. 10-2
to users of the Tigard Development Code.
Proposed Amendments
37
MAP 18.610.B: TIGARD DOWNTOWN PLAN DISTRICT BOUNDARIES
Staff Commentary
38
Proposed changes to 18.620 are limited to (1) the establishment of a uniform naming convention for
all chapters within the 18.600 series of the Tigard Development Code, and (2) the insertion of clearly
legible maps to communicate plan district boundaries adopted under Council Ordinances No. 96-41
and No. 97-2. No changes to existing land use regulations or administrative processes are
proposed.
Proposed Amendments
39
CHAPTER 18.620
TIGARD TRIANGLE DESIGN STANDARDS PLAN DISTRICT
Sections:
18.620.010 Purpose and Applicability
18.620.015 Where These Regulations Apply
18.620.020 Street Connectivity
18.620.030 Site Design Standards
18.620.040 Building Design Standards
18.620.050 Signs
18.620.060 Entry Portals
18.620.070 Landscaping and Screening
18.620.080 Street and Accessway Standards
18.620.090 Design Evaluation
18.620.010 Purpose and Applicability
A. Design principles. Design standards for public street improvements and for new development
and renovation projects have been prepared for the Tigard Triangle Plan District. These design
standards address several important guiding principals principles adopted for the Tigard Triangle
Plan District, including creating a high-quality mixed use employment area, providing a
convenient pedestrian and bikeway system within the Triangle, and utilizing streetscape to create
a high quality image for the area.
B. Development conformance. All new developments, including remodeling and renovation
projects resulting in uses other than single family residential use, are expected to contribute to
the character and quality of the area. In addition to meeting the design standards described in
this chapter and other development standards required by the Community Development and
Building Codes, such developments will be required to:
1. Dedicate and improve public streets, to the extent that such dedication and improvement is
directly related and roughly proportional to an impact of the development;
2. Connect to public facilities such as sanitary sewer, water and storm drainage;
3. Participate in funding future transportation and other public improvement projects in the
Tigard Triangle Plan District, provided that the requirement to participate is directly related
and roughly proportional to an impact of the development.
C. Conflicting standards. The following design standards apply to all development located within
the Tigard Triangle Plan District within both the C-G and the MUE zones. If a standard found
in this section conflicts with another standard in the Development Code, standards in this
section shall govern.
Staff Commentary
40
Proposed changes to 18.620 are limited to (1) the establishment of a uniform naming convention for
all chapters within the 18.600 series of the Tigard Development Code, and (2) the insertion of clearly
legible maps to communicate plan district boundaries under Council Ordinance No. 96-41 and No.
97-2. No changes to existing land use regulations or administrative processes are proposed.
Proposed Amendments
41
18.620.015 Where These Regulations Apply
The regulations of this chapter apply to the Tigard Triangle Plan District. The boundaries of this
plan district are shown on Map 18.620.A at the end of this chapter, and on the official zoning map.
[no changes proposed 18.620.020-18.620.090]
Staff Commentary
42
Proposed changes to 18.620 are limited to (1) the establishment of a uniform naming convention for
all chapters within the 18.600 series of the Tigard Development Code, and (2) the insertion of clearly
legible maps to communicate plan district boundaries under Council Ordinance No. 96-41 and No.
97-2. No changes to existing land use regulations or administrative processes are proposed.
Proposed Amendments
43
MAP 18.620.A: Tigard Triangle Plan District Boundaries
Staff Commentary
44
Proposed changes to 18.630 are limited to (1) the establishment of a uniform naming convention for
all chapters within the 18.600 series of the Tigard Development Code, and (2) the insertion of clearly
legible maps to communicate plan district boundaries under Council Ordinance No. 00-18. No
changes to existing land use regulations or administrative processes are proposed.
Proposed Amendments
45
Chapter 18.630
WASHINGTON SQUARE REGIONAL CENTER DESIGN STANDARDS PLAN
DISTRICT
Sections:
18.630.010 Purpose and Applicability
18.630.015 Where These Regulations Apply
18.630.020 Development Standards
18.630.030 Pre-existing Uses
18.630.040 Street Connectivity
18.630.050 Site Design Standards
18.630.060 Building Design Standards
18.630.070 Signs
18.630.080 Entry Portals
18.630.090 Landscaping and Screening
18.630.100 Street and Accessway Standards
18.630.110 Design Evaluation
18.630.010 Purpose and Applicability
B. Design principles. Design standards for public street improvements and for new development
and renovation projects have been prepared for the Washington Square Regional Center Plan
District. These design standards address several important guiding principals principles adopted
for the Washington Square Regional Center, including creating a high-quality mixed use area,
providing a convenient pedestrian and bikeway system, and utilizing streetscape to create a high
quality image for the area.
18.630.015 Where These Regulations Apply
The regulations of this chapter apply to the Washington Square Regional Center Plan District. The
boundaries of this plan district are shown on Map 18.630.A located at the end of this chapter, and
on the official zoning map.
Staff Commentary
46
Proposed changes to 18.630 are limited to (1) the establishment of a uniform naming convention for
all chapters within the 18.600 series of the Tigard Development Code, and (2) the insertion of clearly
legible maps to communicate plan district boundaries under Council Ordinance No. 00-18. No
changes to existing land use regulations or administrative processes are proposed.
Proposed Amendments
47
18.630.020 Development Standards
B. Development Standards. Development standards which apply within mixed-use zones in the
Washington Square Regional Center Plan District are contained in Table 18.520.2. Existing
developments which do not meet the standards specified for a particular district may continue in
existence and be altered subject to the provisions of Section 18.630.030.
E. Adjustments to Density Requirements in the Washington Square Regional Center Plan District.
The density requirements shown in Table 18.520.2 are designed to implement the goals and
policies of the Comprehensive Plan. These requirements apply throughout the Washington
Square Regional Center zoning districts, but the City recognizes that some sites are difficult to
develop or redevelop in compliance with these requirements. The adjustment process provides
a mechanism by which the minimum density requirements may be reduced by up to twenty-five
percent (25%) of the original requirement if the proposed development continues to meet the
intended purpose of the requirement and findings are made that all approval criteria are met.
Adjustment reviews provide flexibility for unusual situations and allow for alternative ways to
meet the purpose of the code.
18.630.030 Pre-Existing Uses and Developments within the Washington Square Regional
Center Plan District Mixed Use Districts
[no further changes proposed for this section]
18.630.110 Design Evaluation
The provisions of Section 18.620.090, Design Evaluation, apply within the Washington Square
Regional Center Plan District.
Staff Commentary
48
Proposed changes to 18.630 are limited to (1) the establishment of a uniform naming convention for
all chapters within the 18.600 series of the Tigard Development Code, and (2) the insertion of clearly
legible maps to communicate plan district boundaries under Council Ordinance No. 00-18. No
changes to existing land use regulations or administrative processes are proposed.
Proposed Amendments
49
MAP 18.630.A: Washington Square Regional Center Plan District Boundaries
Staff Commentary
50
Proposed changes to 18.640 are limited to (1) the establishment of a uniform naming convention for
all chapters within the 18.600 series of the Tigard Development Code; (2) the changing of the name
of this district from “Durham Quarry” to “Bridgeport Village” to reflect the current name for the
shopping center; and (3) the insertion of clearly legible maps to communicate plan district
boundaries under Council Ordinance No. 01- 07. No changes to existing land use regulations or
administrative processes are proposed.
Proposed Amendments
51
Chapter 18.640
DURHAM QUARRY DESIGN STANDARDS BRIDGEPORT VILLAGE PLAN
DISTRICT
Sections:
18.640.010 Purpose
18.640.015 Where These Regulations Apply
18.640.020 Permitted Uses
18.640.030 Conditional Uses
18.640.040 Applicability
18.640.050 Development Standards
18.640.060 Determining Net Acres
18.640.070 Signs
18.640.080 Reserved
18.640.090 Reserved
18.640.100 Access
18.640.200 Design Standards
18.640.300 Design Compatibility Standards
18.640.400 Landscaping and Screening
18.640.500 Off-Street Parking and Loading
18.640.600 Environmental Standards
18.640.700 Floodplain District
18.640.800 Wetlands Protection District
18.640.010 Purpose
The purpose of this district is to recognize and accommodate the changing commercial/residential
marketplace by allowing commercial and residential mixed uses in the approximately seven-acre
portion of the Durham Quarry Bridgeport Village site that is within the City of Tigard in the Mixed
Use Commercial (MUC-1) Planning District. Retail, office, business services and personal services
are emphasized, but residential uses are also allowed. A second purpose is to recognize that when
developed under certain regulations, commercial and residential uses may be compatible in the
Mixed Use Commercial District.
18.620.015 Where These Regulations Apply
The regulations of this chapter apply to the Bridgeport Village Plan District. The boundaries of this
plan district are shown on Map 18.640.A located at the end of this chapter, and on the official
zoning map.
Staff Commentary
52
Proposed changes to 18.640 are limited to (1) the establishment of a uniform naming convention for
all chapters within the 18.600 series of the Tigard Development Code; (2) the changing of the name
of this district from “Durham Quarry” to “Bridgeport Village” to reflect the current name for the
shopping center; and (3) the insertion of clearly legible maps to communicate plan district
boundaries under Council Ordinance No. 01- 07. No changes to existing land use regulations or
administrative processes are proposed.
Proposed Amendments
53
18.640.040 Applicability
A. These design standards are applied in the City of Tigard to the Durham Quarry Bridgeport
Village Plan District Site. The boundaries of this site are described by the Intergovernmental
Agreement dated March 26, 2002.
B. Conflicting standards. In addition to the standards of Chapter 18.520 (Commercial Zoning
District) and other applicable standards of the Development Code, the following design
standards apply to all development located within the Durham Quarry Bridgeport Village Plan
District within the MUC-1 zone. If a standard found in this section conflicts with another
section in the Development Code, standards in this section shall govern.
18.640.070 Signs
In addition to the requirements of Chapter 18.780 of the Development Code, the following
standards shall be met:
A. Zoning district regulations. Residential only developments within the MUC-1 shall meet the sign
requirements for the R-40 zone, Section 18.780.130.B; nonresidential development within the
MUC-1 shall meet the requirements of the C-P zone, Section 18.780.130.D.
B. Sign area limits. The maximum sign area limits found in Section 18.780.130 shall not be
exceeded; no area limit increase will be permitted.
C. Height limits. The maximum height limit for all signs except wall signs shall be 10 feet. Wall
signs shall not extend above the roof line of the wall on which the signs are located. No height
increases will be permitted.
D. Sign location. Freestanding signs within the Durham Quarry Bridgeport Village Plan District
shall not be permitted within the required L-1 landscape areas. (Ord. 09-13)
18.640.200 Design Standards
A. Purpose and applicability.
1. Design principles. Design standards for public street improvements for the Durham Quarry
Bridgeport Village Plan District site address several important guiding principles, including
creating a high-quality mixed use area, providing a convenient pedestrian and bikeway system
and utilizing streetscape to create a high quality image for the area.
2. Development conformance. New development, including remodeling and renovation projects
resulting in non-single family residential uses, are expected to contribute to the character and
quality of the area. In addition to meeting the design standards described below and other
development standards required by the Development and Building Codes, developments will be
required to dedicate and improve public streets, connect to public facilities such as sanitary
sewer, water and storm drainage, and participate in funding future transportation and public
improvement projects within and surrounding the Durham Quarry Bridgeport Village Plan
District site.
Staff Commentary
54
Proposed changes to 18.640 are limited to (1) the establishment of a uniform naming convention for
all chapters within the 18.600 series of the Tigard Development Code; (2) the changing of the name
of this district from “Durham Quarry” to “Bridgeport Village” to reflect the current name for the
shopping center; and (3) the insertion of clearly legible maps to communicate plan district
boundaries under Council Ordinance No. 01- 07. No changes to existing land use regulations or
administrative processes are proposed.
Proposed Amendments
55
MAP 18.640.1: Bridgeport Village Plan District Boundary
Staff Commentary
56
The text amendments on the opposite page establish the name and structure for a new chapter to be
inserted as 18.650 of the Tigard Development Code. The purpose of this chapter is to address
Project Issues 2 through 5, as outlined in Section III of this project report.
Proposed Amendments
57
Chapter 18.650
Durham Advanced Wastewater Treatment Facility Plan District
Sections:
18.650.010 Purpose
18.650.020 Where These Regulations Apply
18.650.030 Uses
18.650.040 Development Standards
18.650.050 Buffering and Screening Standards
18.650.060 Connectivity Standards
18.650.070 Off-Site Impact Standards
18.650.080 Additional Standards for Conditional Uses
18.650.090 Discretionary Review
18.650.100 Temporary Off-Site Impact Permit
Staff Commentary
58
The proposed amendments on the opposite page establish the purpose and legislative intent of this
chapter. When making interpretations of the text, the Community Development Director or his/her
designee will turn to this section for guidance before rendering a decision. The proposed purpose
statement is based upon the language of an Intergovernmental Agreement (IGA) to undertake this
project (See Appendix V for a copy of the IGA).
Proposed Amendments
59
18.650.010 Purpose
A. Purpose: The purpose of this district is to regulate the development of Clean Water Services
(CWS) Durham Advanced Wastewater Treatment Facility (Durham Facility) in such a manner
that the Durham Facility is able to grow and adapt to new regulatory and environmental
conditions, while avoiding or mitigating negative off-site impacts to adjacent land uses. The
Durham Advanced Wastewater Treatment Facility Plan District (Plan District) is intended to
provide land use regulations that accomplish the following:
1. Allow expansion of the Durham Facility to accommodate regional urban growth;
2. Allow modification and adaptation of the Durham Facility to satisfy changes in
environmental or regulatory standards and to incorporate new technology and methods in
wastewater treatment, waste-handling and processing, and wastewater, energy, and nutrient
recovery;
3. Require avoidance, management, and/or mitigation of negative off-site impacts on land uses
adjacent to the Durham Facility, recognizing that certain impacts are inherent in the
operation of a regional wastewater treatment facility and that such impacts should be
balanced with the overall community benefit such facilities provide;
4. Regulate land uses, site and building design, and environmental impacts from new
development within the Plan District, taking into account the specialized operational
requirements and the regional service nature of the Durham Facility;
5. Address transportation system impacts from future changes at the Durham Facility;
6. Establish specific land use and permitting processes for the Durham Facility that will allow
permit issuance on a timely basis; and
7. Ensure Clean Water Services is able to comply with state and federal regulations pertaining
to wastewater treatment and to utilize the most efficient and timely technology available.
Staff Commentary
60
The amendments on the opposite page reference an official plan district boundary map and set forth
the intent and characteristics of the three proposed sub-districts within. As described in Project
Issue 3 of Section III, the use of sub-districts is proposed as a tool to limit off-site impacts through
differential land uses and development standards appropriate to the function and location of each
area.
By describing the intent and characteristics of each sub-district, the code is providing guidance as to
the land use goals of each district and how the code is to be interpreted in unanticipated situations
or if changes to sub-district boundaries or land use regulations are proposed.
Proposed Amendments
61
18.650.020 Where These Regulations Apply
A. Boundaries: The regulations of this chapter apply to the Durham Advanced Wastewater
Treatment Facility Plan District. The boundaries of this Plan District, and the sub-districts
therein, are shown on Map 18.650.A at the end of this chapter, and on the official zoning map.
B. Sub-districts: The three sub-areas identified on Map 18.650.A and described below have
different land use and development regulations, as set forth in 18.650.030 through 18.650.100.
1. Administrative Sub-District – This area is primarily intended to accommodate the
administrative offices, laboratories and other support functions of the treatment plant in an
office park setting that is compatible with proximate residential and civic land uses to the
north, east and west. The sub-district also contains open space features that are intended to
provide a buffer between wastewater treatment operations to the south and impact sensitive
land uses and transportation facilities to the north.
2. Operations Sub-District - This area is intended for the continued operation and expansion
of the wastewater treatment facilities and accessory land uses. Wastewater treatment
processes and accessory resource extraction and processing activities are expected and
allowed by-right in this area within an industrial setting.
3. Floodplain Sub-District – This area is within the 100-year floodplain and is constrained by
the presence of locally significant inventoried wetlands, buffers, and vegetated corridors.
Activities with minimal disturbance such as wastewater conveyance facilities and community
recreation uses are allowed within this area.
Staff Commentary
62
The proposed amendments on the opposite page establish the allowed land uses within each sub-
district. Use classifications included in the table are more fully described in existing chapter 18.130
of the Tigard Development Code.
The proposed land uses in Table 18.650.1 reflect a policy acknowledgement that the wastewater
treatment plant is the primary land use within the district and is expected to remain as such for the
foreseeable future. As such wastewater treatment and accessory land uses are classified as permitted
land uses within the district. These accessory uses include public and private agencies partnering
with CWS to produce new products and materials from the waste stream. Non-related land uses are
no longer allowed within this part of the city, as the land use regulations have been specifically
crafted for wastewater treatment. The only conditional land use proposed is limited to Industrial
Services within the Administrative Sub-District, and is classified as such due to the potential for off-
site impacts along the Durham Road corridor. For a more detailed background and discussion of
these recommendations, please see Project Issues 2 and 4 in Section III of this project report.
Proposed Amendments
63
18.650.030 Uses
A. Types of Uses: For the purposes of this chapter, uses are regulated within each sub-district of
the Plan District in the following four ways:
1. A permitted (P) use is a use which is permitted outright within the applicable sub-district, but
subject to all of the applicable provisions of this title.
2. A restricted (R) use is permitted outright within the applicable sub-district, providing it is in
compliance with special requirements, exceptions, or restrictions;
3. A conditional (C) use is a use the approval of which is at the discretion of the Hearings officer.
The approval process and criteria are set forth in Chapter 18.330 of this Title.
4. A prohibited (N) use is one which is not permitted within the applicable sub-district under any
circumstances.
B. Use Table: Permitted uses within the Durham Facility Plan District are limited to those set forth
in Table 18.650.1 of this Chapter. Use classifications identified in Chapter 18.130 but not
included in Table 18.650.1 are not allowed within the Durham Facility Plan District.
Unanticipated land uses are subject to the provisions of 18.130.030.
Table 18.650.1
Use Table
Sub‐Districts
Land Use
Administrative
Sub‐District
(DA)
Operations Sub‐District
(CT)
Floodplain
Sub‐District
(LC)
Waste Related N P N
Office P P N
Basic Utilities P P P
Utility Corridors P P P
Industrial Services C1 P N
General Industrial N R2 N
Community Recreation P P P
Wireless
Communication
Facilities
P P P
[1] Restricted to support facilities that are clearly accessory to and support the wastewater treatment facility, and
conducted entirely indoors with the exception of parking. Support facilities are permitted conditionally within the
Administrative Sub-District.
[2] Restricted to industrial land uses that are clearly accessory to the wastewater treatment facility and utilizing raw
materials recovered, diverted, and/or produced by the collection and treatment of wastewater.
Staff Commentary
64
The amendments on the opposite page establish setback and height limits for the proposed sub-
districts.
The entire plan district is subject to a fifty foot setback, with the exception of a special setback
along Durham Road intended to protect the existing large fountain and landscape buffer. These
setbacks represent a significant increase over existing conditions within those portions of the district
presently zone R-4.5 and along the Durham Road corridor.
Setback exceptions are set forth for underground and low-profile equipment. These provisions will
allow Clean Water Services to replace or retrofit existing venting facilities to better control noise and
odor.
For more discussion of these requirements, see also Project Issues 2 and 3 in Section III of this
project report.
Proposed Amendments
65
18.650.040 Development Standards
Development within the plan district is subject to the following development standards. Relief or
variation from the applicable requirements of this title may be requested through an adjustment or
variance, as set forth in Chapter 18.370 (Variances and Adjustments).
A. Setbacks: Development within the Plan District shall be subject to the following setback
standards in order to reduce off-site impacts to adjoining uses and public facilities:
1. Development shall maintain a 50 foot setback from the perimeter of the Plan District,
except as set forth in 18.650.040.A.2 through 5 below.
2. Development within the Administrative Sub-District shall be subject to a setback from
Durham Road and 85th Avenue right of ways as measured from the southeastern edge and
easternmost point of the main ornamental fountain, as set forth in Map 18.650.B.
3. Development located entirely underground is exempted from setback requirements provided
all other requirements of this title are satisfied, including buffering and screening standards.
4. Venting facilities related to odor control systems are allowed within the required setback area
provided they are flush or nearly flush with finished grade; integrate with existing
landscaping through the use of a cover composed of gravel, sand, bark, living groundcover,
or similar materials; and comply with all other requirements of this title including off-site
impact standards. Ancillary equipment servicing the venting facilities, such as irrigation
control panels and enclosed fans, are allowed provided they are low profile or flush with the
ground, designed to integrate with existing landscaping, and comply with all other
requirements of this title including off-site impact standard.
5. New structures fronting a public road shall maintain a setback of not less than one-half of
the projected ultimate road width as measured from centerline of the adjacent roadway,
utilizing street width set forth in 18.810.030 of this title (Street Standards).
B. Height Limits: Development shall meet the following sub-district height requirements in order
to reduce off-site impacts to adjoining uses and public facilities:
1. Development within the Administrative sub-district shall be subject to a 45 foot height limit.
2. Development within the Operations Sub-District shall be subject to a 50 foot height limit.
3. Development within the Floodplain Sub-District shall be subject to a 30 foot height limit.
Staff Commentary
66
The amendments on the following page establish general development standards for the facility.
Proposed regulations for lot coverage, accessory structures, signs, and minimum lot size are identical
to that of the I-P: Industrial Park zone.
Proposed Amendments
67
C. Lot Coverage and Landscaping: Development within the plan district shall be subject to the
following lot coverage and landscaping standards:
1. Development within the Administrative and Operations Sub-Districts shall be subject to a
maximum lot coverage of 75%, inclusive of all buildings and impervious surfaces, and a
minimum landscape requirement of 25%.
D. Accessory structures: Accessory Structures shall be subject to the following standards:
1. Accessory structures are permitted and shall meet all applicable development standards.
2. All freestanding and detached towers, antennas, wind-generating devices, and TV receiving
dishes, except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798),
shall have setbacks equal to or greater than the height of the proposed structure. Suitable
protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter
18.745, Landscaping and Screening, shall be provided and maintained around these
structures and accessory attachments.
E. Signs: Signage within the plan district shall be subject to the same regulations as that of the I-P:
Industrial Park Zoning District.
F. Lot Size: Development within the plan district shall be subject to the following lot size and
width regulations:
1. Development within the plan district shall not be subject to a minimum lot size.
2. Development within the plan district shall be subject to a 50 foot minimum lot width.
Staff Commentary
68
Amendments on the opposite page establish regulations for buffering and screening and
connectivity standards.
Buffering and screening standards are determined by sub-district, and utilize standards already
present in Chapter 18.745 (Landscaping and Screening). The operations sub-district is subject to
the most rigorous standard present in the code, requiring a buffer of 40 feet in width containing
trees, shrubs, and a hedge, fence, wall, or berm. Lesser standards are required for the
Administrative and Floodplain sub-district due to the less impactful nature of the land uses allowed
in those areas.
It should be noted that buffering and screening is only required along the perimeter of the proposed
plan district. With traffic on SW 85th Avenue predominantly limited to those accessing the
wastewater treatment facility, or incidental pass-through traffic using public trails on CWS property,
staff does not recommend a mandatory buffer or screening along the interior of the plan district.
Circulation standards are proposed for modification due to the combination of the operational
needs of the plant, combined with the access needs of Tualatin Valley Fire & Rescue, as outlined in
Issue 5 (Site Circulation) in Section III of the project report. If adopted, the proposed connectivity
standards would relieve CWS of having to extend Waverly Place through to 85th Avenue, while
ensuring the development and preservation of a permanent emergency vehicle access to Waverly
Estates from 85th Avenue.
For more discussion of these issues, please refer to Project Issues 3 and 5 as described in Section III
of this project report.
Proposed Amendments
69
18.650.050 Buffering and Screening Standards
A. New Development must conform to the requirements of Landscaping and Screening (see
Chapter 18.745), subject to the following exceptions to Buffering and Screening standards set
forth in Tables 18.745.1 and 18.745.2:
1. New development within the Administrative Sub-District shall meet buffer standard D along
the eastern boundary of the sub-district, as set forth in Table 18.754.2, no buffering or
screening is required along the northern and southern boundaries of the sub-district;
2. The Operations Sub-District shall meet buffer standards F along all boundaries of the sub-
district, as set forth in Table 18.754.2.
3. The Floodplain Sub-District shall be subject to buffer standard A as set forth in Table
18.745.2.
4. In lieu of these standards, a detailed buffer area landscaping and screening plan may be
submitted for the Director’s approval as an alternative to the buffer area landscaping and
screening standards, provided it affords the same degree of buffering and screening as
required by the code.
18.650.060 Connectivity Standards
A. New Development must conform to the requirements of Street and Utility Improvement
Standards (see Chapter 18.810), subject to the following exceptions
1. Development within the Plan District is exempted from block standards set forth in
18.810.040.
2. New development shall provide for emergency vehicle access drive between 85th Avenue
and the eastern terminus of Waverly Drive. The access drive shall be improved with an
all-weather fire-apparatus access road and key box access in accordance with Tualatin
Valley Fire and Rescue Fire and Life Safety Requirements and the Oregon Fire Code.
Staff Commentary
70
The amendments proposed on the opposite page establish the purpose for off-site impact standards,
exceptions to these standards, and their relationship to other regulations that may apply to the
operation of the wastewater facility.
The need for new impact standards is discussed in Issue 3 (Off-Site Impacts) of Section III of this
project report. It should be noted that these standards are intended as clear and objective design
standards for new machinery, equipment, facilities, operations and activities. They are intended as
stricter and more clearly measured criteria than those presently contained in Chapter 18.725
(Environmental Performance Standards). Existing standards are unclear and make it difficult for an
applicant or staff to demonstrate compliance with off-site impact standards, both at the permitting
stage and in an enforcement investigation. The proposed standards are intended to remedy this
difficulty.
Proposed Amendments
71
18.650.070 Off-Site Impact Standards
A. Purpose: The purpose of this section is to establish standards for negative off-site impacts
resulting from noise, odor, and light generated within the boundaries of the Plan District. The
standards provide a measurable way to control and regulate the specified off-site impacts, and
protects the occupants and operators of land uses adjacent to the Plan District.
B. Exemptions: The off-site impact standards do not apply to machinery, equipment, facilities and
operations that were on the site and in compliance with existing regulations at the effective date
of this Chapter, but do apply to new machinery, equipment, facilities, operations, and activities.
Documentation is the responsibility of the proprietor of the use if there is any question about
when equipment or land uses were brought to the site.
C. Relationship to other Regulations: The standards set forth in 18.650.070 do not supersede or
replace regulations of the Department of Environmental Quality and any applicable County,
State, and Federal Regulations.
Staff Commentary
72
Existing noise standards are set forth in Chapter 18.725 of the development code, and Chapter
6.02.410-470 of the Tigard Municipal Code. The proposed noise standards for the plan district are
based upon Oregon Department of Environmental Quality standards, as set forth in Oregon
Administrative Rules (OAR) 340-035-0015, and input from CH2MHILL and Clean Water Services
(see memorandum “Suggested Approach for Addressing Noise in Tigard’s New Wastewater
Treatment District” in Section V of this project report. They differ from existing standards in both
decibel levels and that they measure an average over time rather than single incidents.
Noise standards are proposed to be measured from the plan district boundary, and not the nearest
noise sensitive unit (i.e. a home, school, or park) in order to ensure compliance over time as adjacent
land uses change and grow.
The following graphic is intended to provide an equivalency for decibel levels specified in the
proposed code:
Proposed Amendments
73
D. Noise Standards: Development within the Plan District shall comply with the following noise
standards:
1. Statistical Noise Levels: Equipment, facilities, operations, or activities within the Durham
Facility Plan District shall not produce sounds that exceed in any one hour the noise levels
specified in Table 18.650.2, as measured at the Plan District boundary or at the furthest
boundary of adjacent industrially-zoned properties:
Table 18.650.2
Noise Standards
Allowable Statistical Noise
Levels, dBA[1]
7AM – 10 PM 10 PM – 7 AM
L50 55 50
L10 60 55
L1 75 60
[1] Lx – Noise level can be equaled or exceeded x% of the time.
2. Impulse Sound: Equipment, facilities, operations, or activities within the Plan District shall
not produce any sounds emitted for a duration of less than one second which exceed the
sound pressure level of 100dB between the hours of 7am and 10pm, or 80 dB between the
hours of 10 pm and 7 am as measured at the Plan District boundary or at the furthest
boundary of adjacent industrially-zoned properties.
3. Measurement: Sound level instruments shall conform to the Tigard Municipal Code
6.02.420.
Staff Commentary
74
Odor standards proposed on the opposite page were developed using input from Tom Card, an
odor expert/consultant and as described in a memorandum titled “Background and Suggested
Approach for Addressing Odor in Tigard’s New Wastewater Treatment Plan District.” This
memorandum can be found in the Section V (Appendices) of this project report. Existing Tigard
code prohibits “the emission of odorous gases or other matter in such quantities as to be readily
detectible [emphasis added] at any point beyond the property line of the use creating the odors.” This
standard is difficult to enforce as different people have different thresholds for detection of any
given substance. The proposed text amendment attempts to correct this through the use of readily
available technology operated by a trained professional.
Using a scentometer is a reliable way to quantify odor strength in terms of “Dilution-to-Threshold”
(D/T) ratios. The D/T measurement is the most common method of measuring odors. This allows
experts to quantify odors on a commonly recognized scale. To make a D/T measurement, carbon-
filtered air is mixed with specific volumes of odorous ambient air. The D/T ratio is a measure of the
number of dilutions needed to take the odorous air to its threshold.
A Nasal Ranger is a hand held scentometer that has only six possible output values. These values
are 2, 4, 7, 15, 30, and 60 dilutions to threshold (D/T). Based on experience for wastewater odors a
Nasal Ranger value of 7 D/T is a clear and almost universally objectionable odor. The next lower
value, 4 D/T however, is generally only a problem if it is sustained over a long time period. The
lowest value, 2 D/T, is almost imperceptible to any but the most discerning nose.
Comparable D/T Standards are listed in the table below:
Location Off-site standard or guideline Averaging times/Comments
Allegheny County WWTP, PA 4 D/T (design goal) 2- minutes
San Francisco Bay Area Air quality
district
5 D/T Applied after at least 10
complaints within 90-days
State of Colorado 7 D/T (scentometer)
State of Connecticut 7 D/T
State of Massachusetts 5 D/T Draft policy and guidance for
composting facilities.
State of New Jersey 5 D/T 5-minutes or less; for
biosolids/sludge handling
facilities.
State of N Dakota 2 D/T (scentometer)
City of Oakland, CA 50 D/T 3-minute
City of San Diego, CA 5 D/T 5-minutes
City of Seattle WA, WWTP’s 5 D/T 5-minutes
Wilsonville, OR 5 D/T & H2S of 5PPB – both 1-hour
averaged.
Spokane, WA 5D/T & H2S of 5PPB
Glare Standards are based upon standards used successfully by other jurisdictions in the region and
are intended to protect adjacent properties from unwanted light intrusion. For purposes of
comparison, one foot-candle is approximately the amount of light a birthday candle generates when
measured one foot from the flame.
Proposed Amendments
75
E. Odor Standards: Development within the Durham Facility Plan District shall comply with the
following odor standards:
1. Equipment, facilities, operations, or activities shall not generate off-site facility odors
detectable at the following scentometer levels using the Nasal Ranger ® field scentometer or
equivalent device, as measured at the Plan District Boundary:
a. Any one instantaneous measurement of 7 or greater dilutions to threshold (D/T); or
b. Ten consecutive readings equal to or greater than 4 D/T occurring over a minimum
four-hour period, to a maximum one-week period.
2. If development is found to be noncompliant with the odor standards contained within
17.650.070.B above, Clean Water Services (CWS) shall be responsible for the following:
a. Every scentometer reading in excess of 4 D/T or greater shall be tracked to the
source of the odor by a trained and certified scentometer operator; and
b. If the source of the odor is found to originate from equipment, facilities, operations,
or activities within the Durham Facility Plan District, CWS shall submit a report
within 90 days of the notice of violation that identifies the cause of the off-site odor
and the steps required to stop, reduce, and/or mitigate the odors.
F. Glare Standards: Development within the Durham Facility Plan District shall comply with the
following standards:
1. Glare sources shall be hooded, shielded, or otherwise located to avoid direct or reflected
illumination in excess of 0.5 foot candles, as measured at the Plan District boundary or at the
furthest boundary of adjacent industrially-zoned properties.
Staff Commentary
76
The proposed language on the opposite page is intended to provide clarity as to what
documentation is required from an applicant or property owner at the time of permit application,
and from whom the city can accept a report measuring an off-site impact.
Proposed Amendments
77
G. Documentation: The following provisions shall apply at the time of permit application or a
request for enforcement:
1. When reviewing a permit application, the City may accept an evaluation and explanation
certified by a registered engineer or architect, as appropriate, that the proposed development
will meet the off-site impact standard or standards in question. The evaluation and
explanation shall provide a description of the use or activity, equipment, processes and the
mechanisms, or equipment used to avoid or mitigate off-site impacts.
2. If the City does not have the equipment or expertise to measure and evaluate a specific
complaint regarding off-site impacts, it may request assistance from another agency or may
contract with an independent expert to perform the necessary measurements. The City may
accept measurements made by an independent expert hired by the controller or operator of
the off-site impact source.
Staff Commentary
78
This section sets forth how a project is to be reviewed for compliance with land use standards, and
represents a major change from existing requirements.
All development will fall into two review processes: (1) a conditional use permit review followed by
building permits, or (2) directly to building permits. All development not requiring a conditional
use is permitted outright without a site development review or associated minor modification, and
may proceed directly to a building permit. City staff will verify conformance with land use standards
as part of normal building permit review. The reason for this recommended change is discussed in
Project Issues 2 and 4, as found in Section III of this project report.
Proposed Amendments
79
18.650.080 Discretionary Review
A. Development classified as a conditional use in Table 18.650.1 shall be reviewed in accordance
with the procedures and requirements set forth in 18.330 (Conditional Use) of this title.
B. Development meeting one or more of the following criteria shall be reviewed in accordance with
the procedures and requirements set forth in 18.330 (Conditional Use) of this title.
1. An increase in vehicular traffic to and from the site in excess of 100 vehicles per day;
2. The opening of a new access way onto Durham Road, or the improvement of the existing
access way onto Waverly Drive for other than emergency vehicle access.
C. Development not meeting the criteria of 18.650.080.A or 18.650.080.B is exempted from site
development review as set forth in 18.360. Review for compliance with applicable standards
shall be performed in conjunction with obtaining a building permit.
Staff Commentary
80
The following standards only apply to conditional uses within the administrative sub-district, and are
intended to protect the Durham Road corridor from incompatible development that may present
unwanted aesthetic impacts.
Proposed Amendments
81
18.650.090 Additional Standards for Conditional Uses
A. Purpose: Conditional Uses are permitted within the administrative sub-district, but have the
potential to create unpleasant aesthetic impacts to nearby land uses and travelers upon Durham
Road and Hall Boulevard. These standards are intended to reduce off-site impacts and ensure
new development associated with these activities presents a harmonious appearance to users
outside of the plan district or within a public right-of-way.
B. Standards: Conditional Uses within the Administrative Sub-District shall be subject to the
following development standards in addition to those set forth in 18.330.030 and 18.330.050:
1. Outside Storage - There shall be no outside storage of materials or equipment associated
with a conditional use in the Administrative Sub District, other than incidental delivery and
temporary staging of materials and equipment.
2. Ground-Floor Windows – All street facing elevations along public streets shall include a
minimum of 50% of the ground floor wall area with windows or doorway openings. The
ground floor wall area shall be measured from three feet above grade to nine feet above
grade the entire width of the street facing elevation. Up to 50% of the building requirement
can be met on an adjoining elevation as long as all of the requirement is located at a building
corner.
3. Building Facades – Facades that face a public street shall extend no more than 50 feet
without providing at least one of the following features: (a) variation in building materials;
(b) a building off-set of at least 1-foot; (c) a wall area that is entirely separated from other
wall areas by a projection, such as an arcade; or (d) by other design features that reflect the
building’s structural system.
4. Building Materials – Plain concrete block, plain concrete, corrugated metal, plywood, sheet
press board or vinyl siding may not be used as exterior finish materials.
5. Roofs - Rooflines shall be designed as an extension of the primary materials used for the
building and should respect the building’s structural system and architectural style.
6. All roof-mounted equipment must be screened from view from adjacent public streets.
Solar heating and photovoltaic panels are exempted from this standard.
Staff Commentary
82
The section proposed on the opposite page is intended to provide for temporary waiver from off-
site impact standards. These permits are intended for unexpected situations or where the strict
application is impractical when dealing with things like major repairs, unexpected system
breakdowns, temporary construction, and the like. As part of the permit review, the City will
ensure that appropriate mitigation measures are in place, including a 24-hour telephone line that is
available for nearby residents to get information or to lodge complaints about the project directly to
Clean Water Services.
Proposed Amendments
83
18.650.100 Temporary Off-Site Impact Permit
A. Intent: Specific permits may be granted as deemed necessary to allow activities that protect the
public health and welfare, and where strict compliance with Noise, Odor, and/or Light
Standards may be inappropriate because of special circumstances that render strict compliance
unreasonable, impractical, or would result in the reduction or cessation of wastewater treatment.
B. Method of Review: Temporary off-site impact permits to noise, odor, and/or light standards
shall be processed as a Type I procedure as governed by 18.390.030, using approval criteria listed
in Subsection 18.650.090.D below.
C. Exceptions: Responses to an unexpected failure of a critical waste treatment process are
exempted from the requirement for a temporary off-site impact permit for up to three business
days, whereupon the facility operator shall submit a complete application for a Temporary Off-
Site Impact Permit.
D. Approval Criteria: The Director shall approve, approve with conditions, or deny an application
for a temporary off-site impact permit based on a finding that the following approval criteria are
satisfied:
1. The strict application of the noise, odor or light standards set forth in 18.650.070 is
unreasonable, impractical, or threatens public health;
2. A demonstration that consideration for impact sensitive land uses and appropriate mitigation
measures have been incorporated into the request;
3. A public outreach plan will be implemented, including a 24-hour telephone contact number
for information and or to lodge complaints about the project; and
4. The off-site impact permit is limited in time and scope.
Staff Commentary
84
The proposed map on the opposite page sets forth the plan district boundary and sub-districts
within the district boundary. Note the plan district extends to the far side of the right-of-way along
SW Durham Road and SW 85th Avenue. This boundary recommendation was requested by CWS in
order to ensure that as the roadways are widened in the future, the point at which off-site impacts
are measured becomes further away and not closer to the facility. Staff finds the users of the public
right of way are less sensitive to off-site impacts such as noise, lights, and odors due to the heavy
traffic in the area, and as such the request will not impact nearby sensitive land uses.
Proposed Amendments
85
Map 18.650.A: Plan District Boundaries and Sub-Districts
Staff Commentary
86
The proposed graphic on the opposite page establishes a setback line from Durham Road which is
intended to preserve the existing fountain and landscaped open space in front of Durham Facility.
Proposed Amendments
87
Map 18.650.B: Setback Line from Durham Road
88
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SECTION V: APPENDICES
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PLAN DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00004
1/14/2012 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 10
Agenda Item: # 5
Hearing Date: January 14, 2012 Time: 7:00 PM
STAFF REPORT TO THE
PLANNING COMMISSION
FOR THE CITY OF TIGARD, OREGON
SECTION I. APPLICATION SUMMARY
CASE NAME: DURHAM ADVANCED WASTEWATER TREATMENT FACILITY PLAN
DISTRICT & GENERAL PLAN DISTRICT STANDARDS DEVELOPMENT
CODE AMENDMENT
CASE NO.: Development Code Amendment (DCA) DCA2012-00004
PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Development Code
(TDC) and Zoning Map in a combined amendment package to adopt two new chapters
and clarify the applicable boundaries of four existing chapters. The City proposes the
adoption of Chapter 18.605 (Plan Districts) to provide approval standards for the
adoption of future plan districts or the modification of existing and future plan districts.
The City and Clean Water Services jointly propose the adoption of Chapter 18.650 to
create a new plan district to govern future development within the 106 acre Durham
Advanced Wastewater Treatment Facility (Durham Facility). The City also proposes
text amendments to TDC Chapters 18.600, 610, 620, 630, and 640 to create a uniform
naming convention and add boundary maps to provide clarity as to where the
regulations apply; boundary maps to be identical to those adopted with the applicable
chapters for illustrative and clarifying purposes only. The City also proposes
corresponding changes to the official Zoning Map to add the boundaries of the
Durham Facility Plan District and four other existing plan districts which are not
presently shown. The proposed amendments for the Planning Commission’s review are
included in Attachment 1 and summarized below in Section IV of this report:
APPLICANTS: City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Clean Water Services
2550 SW Hillsboro Highway
Hillsboro, OR 97123
ZONES: Chapters 18.600 & 18.605: Citywide
Chapter 18.610: MU-CBD Zoning District
Chapter 18.620: C-G & MUE
Chapter 18.630: MUC, MUE-1, MUE-2, MUR-1, MUR-2, R-4.5, R-7, & R-12
Chapter 18.640: MUC-1
Chapter 18.650: I-P & R-4.5
LOCATION: Citywide and properties identified in the Attached Maps.
APPLICABLE
REVIEW
CRITERIA: Statewide Planning Goals 1, 2, 6, 9, 10, 11 and 13; Metro Urban Growth Management
Function Plan Title 4; Comprehensive Plan Goals 1, 2, 6, 9, 10, and 11; and Community
Development Code Chapters 18.380 and 18.390.
PLAN DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00004
1/14/2012 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 10
SECTION II. STAFF RECOMMENDATION
Staff recommends the Planning Commission find in favor of the proposed code text amendments (Attachment
1) to improve the existing code by adopting Tigard Development Code Chapter 18.605 Plan District standards;
clarifying amendments to Chapters 18.600, 18.610, 18.620, 18.630, and 18.640 of the Tigard Development Code
and official Zoning Map; and Chapter 18.650: Durham Advanced Wastewater Treatment Facility Plan District;
with any alterations as determined through the public hearing process, and make a final recommendation to the
Tigard City Council.
SECTION III. BACKGROUND INFORMATION & PROJECT SUMMARY
The principal purpose of this project is the creation of new land use regulations for an existing regional
wastewater treatment plant within the City of Tigard. These regulations will reside within a new, single-use
plan district to be known as Tigard Development Code (TDC) Chapter 18.650: Durham Advanced Wastewater
Treatment Facility Plan District. The purpose of this district is to acknowledge the future operation,
modification, and growth of the wastewater facility, while avoiding or mitigating off-site impacts that may
negatively affect adjoining properties and public facilities.
Associated with this project are a series of supporting text amendments to create consistency and clarity
regarding plan districts generally. The first is the proposed creation of Chapter 18.605 (Plan Districts) to
establish a clear purpose statement and approval standards for their adoption and modification. At present the
TDC lacks any standards and guidance pertaining to the adoption and implementation of plan districts. As a
result of this lack, the existing plan districts vary in naming convention or clear maps demarcating where they
are to be applied. The proposed amendments are intended to correct these deficiencies.
Please refer to Attachment 1 for the proposed text and map amendments, including additional background
information, major issues, and commentary. Major project components are listed below:
Creation of Chapter 18.605 (Plan Districts) to provide a purpose statement for Plan Districts and
approval standards and review processes for their adoption.
Text Amendments to 18.610 (Downtown), 18.620 (Tigard Triangle), 18.630 (Washington Square), and
18.640 (Durham Quarry aka Bridgeport Village) to create a uniform naming convention and include
boundary maps to clarify where the regulations apply. Map boundaries are based on those established
at the time of adoption of each district.
Creation of Chapter 18.650 to acknowledge the continued operation and development of the Durham
Facility as a primary allowed use within existing property boundaries. Major components include:
o Remedies a 1998 legislative oversight that accidentally rendered the Durham Facility a
nonconforming land use (grandfathered due to its pre-existing status), making further
expansion and modification difficult. Under the new code, wastewater treatment is
acknowledged as the primary use of the affected properties.
o Replaces the split zoning of the facility (R-4.5 Low Density Residential & Industrial Park) with a
unified set of land use standards specifically tailored for the Durham Facility. Allowed uses and
development standards would be based upon three functional sub-districts: Administrative,
Operations, and Floodplain.
o Land use permits will not be required for a majority of anticipated improvements. However,
major projects along Durham road or those with the potential to negatively impact the
transportation system will still require a conditional use permit.
PLAN DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00004
1/14/2012 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 10
o Establishes strict standards to prevent off-site impacts resulting from excessive noise, odors,
light intrusion, and unharmonious building design.
o Waives the requirement for Waverly Drive to be extended across the Durham Facility to 85th
Avenue as a public street, but requires CWS to maintain an improved but gated connection for
emergency service vehicles in a roughly similar alignment.
Amendment of the Tigard Zoning Map to include the boundaries of the four existing and one new plan
district. Map boundaries are based on those established at the time of adoption of each district, and
only clarify existing boundaries. No changes to existing uses, standards, or district boundaries are
proposed.
SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS
STATEWIDE PLANNING GOALS AND GUIDELINES
State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in
compliance with the state land use goals. Because the proposed Code Amendments have a limited scope and
the text amendments address only some of the topics in the Statewide Planning Goals, only applicable
Statewide Goals are addressed below.
Statewide Planning Goal 1 – Citizen Involvement:
This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and
changes to the Comprehensive Plan and implementing documents.
FINDING: This goal has been met by complying with the Tigard Development Code notice requirements set
forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service to affected
government agencies and the latest version of the interested parties list. A notice was published in the Tigard
Times newspaper prior to the hearing. After the Planning Commission public hearing, additional notice will be
published prior to the City Council hearing. A minimum of two public hearings will be held (one before the
Planning Commission and the second before the City Council) at which an opportunity for public input is
provided. In excess of the requirements of the TDC, planning staff held a neighborhood workshop on
December 18, 2012 to invite input on the proposed Durham Facility Plan District. Notices of the
neighborhood meeting were mailed to 466 property owners within 1,000 feet of the plan district. One person
attended and did not comment. A project website and a notice in the January edition of Cityscape magazine
were also published in order to invite more citizen participation. This goal is satisfied.
Statewide Planning Goal 2 – Land Use Planning:
This goal outlines the land use planning process and policy framework.
FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City’s
Comprehensive Plan as being consistent with the statewide planning goals. The Development Code
implements the Comprehensive Plan. The Development Code establishes a process and standards to review
changes to the Tigard Development Code. As discussed within this report, the applicable Development Code
process and standards have been applied to the proposed amendment. This goal is satisfied.
Statewide Planning Goal 6 – Air, Water and Land Resources Quality
This goal seeks to maintain and improve the quality of the air, water and land resources of the state.
Included within this goal is a requirement that plans should designate areas suitable for use in
controlling pollution including, but not limited to waste water treatment plants; and that such areas
should be buffered and separated to avoid impacts to air, water, and land resources.
FINDING: Clean Water Services holds the NPDES permit for the Tualatin River Watershed, and provides
wastewater treatment to the City of Tigard and other jurisdictions within the watershed. As discussed within
the report, the proposed amendments will establish land use controls that acknowledge the continued operation
and expansion of a wastewater treatment plant to protect water quality and public health, but ensure that the
operation and further development of the plant is buffered from adjacent land uses and does not exceed set
thresholds for noise, odor, and light intrusion. This goal is satisfied.
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Statewide Planning Goal 9 – Economic Development:
This goal seeks to provide adequate opportunities throughout the state for a variety of economic
activities vital to the health, welfare, and prosperity of Oregon's citizens.
FINDING: The Department of Land Conservation and Development has acknowledged the City’s
Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City’s
Comprehensive Plan Economic Development goals and policies is discussed later in this report under Tigard
Comprehensive Plan Goal 9.1 and associated policies. This goal is satisfied.
Statewide Planning Goal 10 –Housing
This goal seeks to provide for the housing needs of citizens of the state.
FINDING: The Department of Land Conservation and Development has acknowledged the City’s
Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City’s
Comprehensive Plan Housing goal and policies is discussed later in this report under Tigard Comprehensive
Plan Goal 10.2 and associated Policies. This goal is satisfied.
Statewide Planning Goal 13 – Energy Conservation
This goal seeks to provide for land development and uses that maximize the conservation of all forms
of energy.
FINDING: The proposed amendment to create 18.650 would provide greater flexibility to Clean Water
Services as it continues to implement technology and partnerships related to on-site energy conservation,
energy generation, and nutrient recovery and reuse. This goal is satisfied.
CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed
code amendments are consistent with applicable Statewide Planning Goals.
APPLICABLE PROVISIONS OF THE METRO URBAN GROWTH MANAGEMENT
FUNCTIONAL PLAN
METRO planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations
in compliance with the regional land use goals. Because the proposed Code Amendment have a limited scope
and the text amendments address only some of the topics in the Urban Growth Management Functional Plan,
only the standards of Title 4 (Industrial and Other Employment Areas) apply.
Title 4: Industrial and Other Employment Areas
3.07.430 Protection of Industrial Areas
A. Cities and counties shall review their land use regulations and revise them, if necessary, to include
measures to limit new buildings for retail commercial uses—such as stores and restaurants—and
retail and professional services that cater to daily customers—such as financial, insurance, real estate,
legal, medical and dental offices—in order to ensure that they serve primarily the needs of workers in
the area.
B. Cities and counties shall review their land use regulations and revise them, if necessary, to include
measures to limit new buildings for the uses described in subsection A to ensure that they do not
interfere with the efficient movement of freight along Main Roadway Routes and Roadway
Connectors shown on the Regional Freight Network Map in the RTP. Such measures may include,
but are not limited to, restrictions on access to freight routes and connectors, siting limitations and
traffic thresholds.
C. No city or county shall amend its land use regulations that apply to lands shown as Industrial Area
on the Employment and Industrial Areas Map to authorize uses described in subsection A of this
section that were not authorized prior to July 1, 2004.
FINDING: A review of the “Title 4 Employment and Industrial Areas Map as of January 18, 2012” reveals the
presence of Industrial Areas within the City of Tigard, including the site of the proposed Durham Facility Plan
District. The proposed amendment to adopt 18.650 (Durham Facility Plan District) would not allow land uses
described in subsection 3.07.430.A above. The proposed amendments to 18.610-640 do not change the allowed
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uses. As a result the proposed amendments meet these standards.
CONCLUSION: Based on the findings above, staff finds that the proposed code text amendment is
consistent with the Urban Growth Management Functional Plan.
TIGARD COMPREHENSIVE PLAN
State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in
compliance with the state land use goals and consistent with Comprehensive Plan Goals and Policies. Because
the Development Code Amendments have a limited scope and the text amendments address only some of the
topics in the Tigard Comprehensive Plan, only applicable comprehensive plan goals and associated policies are
addressed below.
Comprehensive Plan Goal 1: Citizen Involvement
Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each phase of the
land use planning process.
FINDING: Notices were sent by US Postal Service to affected government agencies and the latest version of
the interested parties list. A notice was published in the Tigard Times newspaper and City website prior to the
Planning Commission hearing. After the Planning Commission public hearing, additional notice will be
published prior to the City Council hearing. A minimum of two public hearings will be held (one before the
Planning Commission and the second before the City Council) at which an opportunity for public input is
provided. In excess of the requirements of the TDC, planning staff held a neighborhood workshop on
December 18, 2012 to invite input on the proposed Durham Facility Plan District. Notice for the
neighborhood meeting was mailed to 466 property owners within 1,000 feet of the plan district and on the City
of Tigard website. One person attended and did not comment. A project website and a notice in the January
edition of Cityscape magazine were also published in order to invite more citizen participation. This policy is
satisfied.
Comprehensive Plan Goal 2: Land Use Planning
Policy 2.1.2: The City’s land use regulations, related plans, and implementing actions shall be
consistent with and implement its Comprehensive Plan.
FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard Development Code
are consistent with the Tigard Comprehensive Plan. This policy is satisfied.
Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use
program with other potentially affected jurisdictions and agencies.
FINDING: The proposed text amendment to create the Durham Facility Plan District was developed through
a partnership with Clean Water Services, with the work conducted under the terms and conditions of an
intergovernmental agreement signed by both parties. Copies of the proposed amendments were sent to all
potentially affected jurisdictions, as further discussed in Section VII below. This policy is satisfied.
Policy 2.1.7: The City’s regulatory land use maps and development code shall implement the
Comprehensive Plan by providing for needed urban land uses including:
A. Residential;
B. Commercial and office employment including business parks;
C. Mixed Use;
D. Industrial;
E. Overlay districts where natural resource protections or special planning and regulatory tools
are warranted; and
F. Public Services
FINDING: The proposed text amendment to create TDC chapter 18.650 will return a critical public facility to
conforming status (presently nonconforming due to a 1998 text amendment), allowing the wastewater
treatment facility to provided needed public services to support future urbanization and redevelopment. In
addition, the proposed language in 18.650 would allow accessory industrial land uses to locate within the plan
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district in order to recover nutrients and energy from the waste stream or treatment processes. This policy is
satisfied.
Policy 2.1.12: The City shall provide a wide range of tools, such as planned development, design
standards, and conservation easements that encourage results such as:
A. High quality and innovative design and construction;
B. Land use compatibility;
C. Protection of natural resources;
D. Preservation of open space; and
E. Regulatory flexibility necessary for projects to adapt to site conditions.
FINDING: The proposed text amendments to create the Durham Facility Plan District will establish a wider
range of land use tools to ensure high quality and innovative development through design standards and
regulatory flexibility; will ensure land use compatibility through defined buffering standards and clear and
objective off-site impact standards; will aid in the preservation of open space within the plan district; and will
provide regulatory flexibility necessary for Clean Water Services to respond and adapt to an ever-changing
regulatory and technological environment. The supporting text amendments will ensure that existing and
future plan district chapters will be consistently adopted and implemented in order to achieve similar results.
This policy is satisfied.
Policy 2.1.20: The City shall periodically review and, if necessary, update its Comprehensive Plan and
regulatory maps and implementing measures to ensure they are current and responsive to community
needs, provide reliable information, and conform to applicable state law, administrative rules, and
regional requirements.
FINDING: The proposed amendments are in response to community needs for reliable information, and to
ensure wastewater treatment continues in compliance with applicable state and federal requirements.
At present, three of the four existing plan districts are not clearly identified with maps showing the areas in
which they apply. Moreover, the development code does not establish clear criteria for approval for new plan
districts, or modification of the existing ones. The proposed amendments will address these issues by adding
maps both within the individual TDC Chapters containing the regulations (18.610-640), and on the official
zoning map, to ensure the public is able to clearly identify the presence and boundaries of each district. The
addition of proposed Chapter 18.605 would also establish clear criteria for the adoption of new plan districts,
and would help to ensure uniformity and clear consistency with the City’s various goals and policies.
As the host city, Tigard has an interest in supporting CWS’s responsibility to meet strict air and water quality
requirements as it treats the region’s wastewater at the Durham Facility. The proposed Durham Facility Plan
District is intended to provide CWS with sufficient flexibility to both plan and quickly respond to applicable
state and federal requirements, while ensuring compatibility with adjoining land uses. Without action by the
City to address the facility’s nonconforming status, compliance with applicable state and federal requirements,
as well as necessary capacity upgrades to accommodate regional growth will be difficult if not impossible.
As described above the amendments respond to community needs. This policy is satisfied.
Policy 2.1.24: The City shall establish design standards to promote quality urban development and to
enhance the community’s value, livability, and attractiveness.
FINDING: The proposed amendment to create the Durham Facility Plan District will promote quality
development in a high profile location through the design standards proposed for the Administrative sub-
district. The proposed plan district will also protect the community’s value, livability, and attractiveness by
masking the operational functions of the facility behind vegetative buffers and screening, and imposing clear
and objective standards for noise, odor and glare. At the citywide level, having clear criteria setting forth the
purpose and adopting process for plan districts generally will result in more district specific regulations that will
enhance the community’s value, livability, and attractiveness. This policy is satisfied.
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Goal 6.2: Ensure land use activities protect and enhance the community’s water quality.
Policy 6.2.2: The City shall continue cooperation with federal, state, and regional agencies in the
management of Tigard’s water resources and the implementation of plans and programs.
FINDING: The proposed text amendment to create the Durham Facility Plan District was developed through
a partnership with Clean Water Services, with the work conducted under the terms and conditions of an
intergovernmental agreement signed by both parties. The purpose statement of the proposed plan district
acknowledges the continued operation, modification, and expansion of the facility. Moreover, the plan district
is structured to provide significant flexibility to CWS as it complies with regional service demands and federal
and state agencies in its continued management of water resources. This policy is satisfied.
Comprehensive Plan Goal 9: Economic Development
Goal 9.1: Develop and maintain a strong, diversified, and sustainable local economy.
Policy 9.1.3: The city’s land use and other regulatory practices shall be flexible and adaptive to
promote economic development opportunities, provided that required infrastructure is made
available.
Policy 9.1.6: The City shall promote actions that result in greater, more efficient, utilization of its
Metro-designated Employment and Industrial Areas.
FINDING: The proposed Durham Facility Plan District is intended to allow the development of a limited
amount of industrial activity within the plan district, provided it is clearly accessory to the treatment process
and is based upon the extraction or processing of raw resources recovered, diverted, or otherwise produced by
the treatment of wastewater. The intent is to allow the operator of the facility to partner with non-profit or
for-profit entities who wish to develop new technologies, establish or expand new businesses or organizations,
and provide for more employment opportunities in a sustainable industry.
The proposed Plan District Chapter that will govern the establishment of new plan districts will provide
guidance and greater regulatory flexibility and adaptability when trying to adopt new plan districts to address
particular economic development issues. With Metro designated employment and industrial areas present in
both existing and the proposed new plan district, the proposed amendments are expected to provide for more
efficient utilization of these areas.
The applicable economic development policies are satisfied.
Comprehensive Plan Goal 10: Housing
Goal 10.2 Maintain a high level of residential livability.
Policy 10.2.1: The City shall adopt measures to protect and enhance the quality and integrity of its
residential neighborhoods.
Policy 10.2.8: The city shall require measures to mitigate the adverse impacts from differing, or more
intense, land uses on residential living environments, such as:
A. Orderly transitions from one residential density to another;
B. Protection of existing vegetation, natural resources and provision of open space areas; and
C. Installation of landscaping and effective buffering and screening.
FINDING: The proposed Durham Facility Plan District (18.650) requires substantial buffering and screening
around the perimeter of the wastewater treatment facility, and includes clear and objective standards to prevent
off-site impacts to adjacent land uses. These impact standards are specific to common land use impacts
resulting from wastewater treatment or industrial land uses, and include standards pertaining to noise, odor,
glare, and aesthetic impacts. These regulations are intended to protect and enhance the quality and integrity of
adjacent residential and civic land uses. The proposed Plan District chapter (18.605) will strengthen the City’s
ability to adopt and implement additional plan districts to protect and enhance the City’s residential
neighborhoods. Applicable housing policies pertaining to the maintenance of residential livability are satisfied.
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Comprehensive Plan Goal 11: Public Facilities and Services
Goal 11.3 Develop and maintain a wastewater collection system that meets the existing and future
needs of the community.
Policy 11.3.2: The city shall continue to collaborate with Clean Water Services in the planning,
operation, and maintenance of a comprehensive wastewater management system for current and
projected Tigard residents.
FINDING: The proposed text amendment to create the Durham Facility Plan District was developed through
a partnership with Clean Water Services, with the work conducted under the terms and conditions of an
intergovernmental agreement signed by both parties. The purpose statement of the proposed plan district
acknowledges the continued operation, modification, and expansion of an existing facility operated and
maintained by Clean Water Services. Moreover, the plan district is structured to provide significant flexibility to
CWS as it complies with regional service demands and federal and state agencies in its continued management
of water resources. This policy is satisfied.
Goal 11.4 Maintain adequate public facilities and services to meet the health, safety, education, and
leisure needs of all Tigard residents.
Policy 11.4.5: The City shall work in conjunction with partner agencies and districts in the planning
and locating of their new facilities.
FINDING: The proposed text amendment to create the Durham Facility Plan District was developed through
a partnership with Clean Water Services, with the work conducted under the terms and conditions of an
intergovernmental agreement signed by both parties. The purpose statement of the proposed plan district
acknowledges the continued operation, modification, and expansion of an existing facility operated and
maintained by Clean Water Services. Moreover, the plan district is structured to provide significant flexibility to
CWS as it complies with regional service demands and federal and state agencies in its continued management
of water resources. This policy is satisfied.
APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE
Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states
that legislative zoning map and text amendments shall be undertaken by means of a Type IV
procedure, as governed by Section 18.390.060G.
FINDING: The proposed text and map amendments are legislative in nature. Therefore, the amendment will
be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public
hearings by both the Planning Commission and City Council. This standard is met.
Section 18.390.060.G establishes standard decision-making procedures for reviewing Type IV
applications. The recommendation by the Commission and the decision by the Council shall be
based on consideration of the following factors: 1) The Statewide Planning Goals and Guidelines
adopted under Oregon Revised Statutes Chapter 197; 2) Any federal or state statutes or regulations
found applicable; 3) Any applicable METRO regulations; 4) Any applicable comprehensive plan
policies; and 5) Any applicable provisions of the City's implementing ordinances.
FINDING: Findings and conclusions are provided in this section for the applicable listed factors on which the
recommendation by the Commission and the decision by the Council shall be based. This standard is met.
CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is
consistent with applicable provisions of the Tigard Development Code.
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DRAFT PLAN DISTRICT ADOPTION CRITERIA
The analysis below is intended to demonstrate consistency of the proposed Durham Facility Plan
District in Chapter 18.650, with the proposed adoption criteria contained in 18.605 (Plan Districts).
A. The area proposed for the plan district has special characteristics or problems of a natural,
economic, historic, public facility, or transitional land use or development nature which are not
common to other areas of the City;
FINDING: As discussed in the Project report included as Attachment 1 to this staff report, the area proposed
for Chapter 18.650 has special problems related to land use history, land use compatibility, and public facility
needs to protect the public health and welfare. This criterion is met.
B. Existing base zone provisions are inadequate to achieve a desired public benefit or to address
an identified problem in the area;
FINDING: As discussed in the Project Report included as Attachment 1 to this staff report, existing base
zones are inadequate to achieve the desired public benefit or identify issues of land use compatibility and
regional public service provision. This criterion is met.
C. The proposed plan district and regulations are the result of a study or plan documenting the
special characteristics or problems of the area and how a plan district will best address relevant
issues; and
FINDING: The special characteristics and problems of the plan district, and how the proposed regulations
address those problems, are documented in the Project Report included as Attachment 1 of the staff report.
This Criterion is met.
D. The regulations of the plan district are in conformance with the Comprehensive Plan.
FINDING: As demonstrated in the analysis above, the proposed regulations of the plan district are in
conformance with the Comprehensive Plan. This criterion is met.
CONCLUSION: The proposed Chapter 18.650 (Durham Facility Plan District) is consistent with
proposed adoption criteria in 18.605 (Plan Districts)
SUMMARY
CONCLUSION: As shown in the findings above, staff concludes that the proposed code text and map
amendments are consistent with the applicable Statewide Planning Goals, the Metro
Urban Growth Management Functional Plan, applicable Comprehensive Plan goals and
policies, and the applicable provisions of the City’s implementing ordinances. The
proposed new plan district in Chapter 18.650 is consistent with the proposed new plan
district adoption criteria contained in 18.605. No federal or state statutes or regulations
were found to be applicable.
SECTION V. STAFF ANALYSIS
Staff analysis on each of the proposed amendments can be found within Attachment 1 of this staff report.
This includes background information, an issues summary, and the proposed text and map amendments with
staff commentary. Proposed code amendments are organized by Development Code chapter number. Even-
numbered pages contain commentary on the amendments, which are contained on the opposite (following)
odd-numbered page. The commentary establishes, in part, the legislative intent in adopting these amendments.
SECTION VI. OTHER ALTERNATIVES
No Action – The code would remain unchanged. Modifications and expansions to the Durham Facility would
be limited, potentially leading to a noncompliance with federal/state environmental regulations and limitations
on new development within the City of Tigard and CWS service area. Ambiguities would also remain as to
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how the City is to adopt or modify an existing community plan area, and where the existing districts apply.
Alternative Action – In lieu of new plan district regulations, the City could modify the Comprehensive Plan
Map and Zoning Map to assign a designation of Heavy Industrial. This would return the Durham Facility to a
conforming use, but would not protect existing and adjacent land uses from potentially significant off-site
impacts such as noise, odor, and light impacts.
SECTION VII. AGENCY COMMENTS
The City of Beaverton was notified of the proposal and had no objections.
City of Tigard Public Works, City of Durham, City of Lake Oswego, City of Tualatin, Washington
County, METRO, ODOT, DLCD, DEQ, ODFW, Portland Western and Southern Pacific Railroads,
Tigard Tualatin School District, and Tri-Met were notified of the proposed code text amendment but
provided no comment.
ATTACHMENTS:
Attachment 1: Durham Advanced Wastewater Treatment Facility Plan District: Project Report
and Draft Amendments. (January 7, 2013)
January 7, 2013
PREPARED BY: John Floyd DATE
Associate Planner
January 7, 2013
APPROVED BY: Tom McGuire DATE
Interim Assistant Community Development Director
City of Tigard
Memorandum
To: Tigard Planning Commission
From: Tom McGuire, Interim Assistant CD Director
Re: Planning Commission Goals for 2013
Date: January 3, 2013
At our meeting on January 14 we will discuss your goals for 2013. I have started a draft of the
goals, which is attached. Please review the document and be prepared to discuss any changes,
additions, or adjustments that you would like to see.
I started with your 2012 goals and edited out references to projects that have been completed. I
have also edited the Tigard Triangle bullet, updating it to reflect the TGM Grant process. With
some of the larger planning projects now moving forward and/or adopted, I believe we are in a
good place to consider taking on the next round of code update packages; especially code
updates that eliminate barriers to economic development, or barriers to quick and efficient
processing of land use reviews and permits.
Thank you for your time and I look forward to discussing the goals with you on the 14th.
DRAFT - T IGARD P LANNING C OMMISSION 2013 G OALS
1) Support advancement and adoption of major planning projects important to Tigard’s livability
and economic growth through timely actions and thoughtful recommendations on planning
matters, including:
a) Completing needed action on:
River Terrace Community Plan
Tigard Triangle Plan
o Building on the Triangle’s HCT Land Use Plan station area locations and
coordination with the Southwest Corridor Plan
o Provide input on a funding mechanism for transportation infrastructure
improvements such as an area specific System Development Charge
Periodic Review Housing/Population Projections
Periodic Review Public Facilities Plan
Regulatory Improvement Initiative and other code amendment efforts
b) Seeking economic development opportunities that continue to improve and protect Tigard’s
natural and built environment as sustainable assets.
2) Provide timely and legally defensible decisions on assigned land use reviews and appeals
(ongoing).
3) Continue to pursue outreach to Planning Commissions in adjoining cities, particularly those with
shared interests in High Capacity Transit, economic development and urbanization issues.
4) As resources permit, enhance the commission’s technical knowledge on topics such as legal
issues, infill/redevelopment challenges, demographic trends, sustainability/LEED, and
builder/developer needs through:
a. One major presentation/event each year
b. Three minor presentations/events each year
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CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
January 14, 2013
CALL TO ORDER
Acting President Anderson called the meeting to order at 7:03 p.m. The meeting was held in the
Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd.
ROLL CALL
Present: Acting President Anderson
Acting Vice President Rogers
Commissioner Doherty
Commissioner Fitzgerald
Commissioner Feeney
Commissioner Muldoon
Commissioner Schmidt
Commissioner Shavey
Absent: Commissioner Gaschke
Staff Present: Kenny Asher, Community Development Director; Tom McGuire,
Interim Community Development Director; Doreen Laughlin, Executive
Assistant; John Floyd, Associate Planner
COMMUNICATIONS – Our newest Commissioner, Brian Feeney, introduced himself to
the rest of the Commission. He spoke about his occupation and background. He said he was
glad to be a part of the Planning Commission.
CONSIDER MINUTES
December 17th Meeting Minutes: Acting President Anderson asked if there were any
additions, deletions, or corrections to the December 17th minutes; there being none, Anderson
declared the minutes approved as submitted.
PUBLIC HEARING WAS OPENED
DEVELOPMENT CODE AMENDMENT (DCA) 2012-00004
DURHAM ADVANCED WASTEWATER TREATMENT FACILITY PLAN
DISTRICT & GENERAL PLAN DISTRICT STANDARDS DEVELOPMENT CODE
AMENDMENT
REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code
(TDC) and Zoning Map in a combined amendment package to adopt two new chapters and clarify the
applicable boundaries of four existing chapters. The City proposes the adoption of Chapter 18.605
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(Plan Districts) to provide a purpose statement and approval standards for the adoption of future plan
districts or the modification of existing and future community plan districts. The City and Clean Water
Services jointly propose the adoption of Chapter 18.650 to create a new plan district to govern future
development within the 106 acre Durham Advanced Wastewater Treatment Facility (Durham Facility).
The City also proposes text amendments to TDC Chapters 18.600, 610, 620, 630, and 640 to create a
uniform naming convention and add boundary maps to provide clarity as to where the regulations
apply; boundary maps to be identical to those adopted with the applicable chapters and are for
illustrative and clarifying purposes only. The City also proposes corresponding changes to the official
Zoning Map to add the boundaries of the Durham Facility Plan District and four other existing plan
districts which are not presently shown (Downtown, Tigard Triangle, Washington Square Regional
Center, and Durham Quarry aka Bridgeport Village).
LOCATION: Citywide
STAFF REPORT
Associate Planner John Floyd introduced himself and two representatives from CWS who
were present. He said they were ready to answer any questions the Commission may have.
John Floyd took the Commission through a comprehensive PowerPoint (Exhibit A)
recapping the highlights from the briefing that had occurred in December.
The project began a little over a year ago when Planning Staff discovered that wastewater
treatment is not allowed within the zoning districts applied to the Durham Advanced
Wastewater Treatment Facility located at Hall & Durham, next to Tigard High School.
Historical research revealed this is due to a legislative oversight in 1998 when the code was
substantially rewritten and reorganized. Rezoning the property was not found viable as a
Heavy Industrial Designation is the only available option – which has insufficient standards to
protect nearby land uses. When briefed on the situation, Council directed planning staff to
cooperate with CWS staff on the preparation of draft standards for site specific land use
regulations. This was codified in an IGA between the City and CWS that was signed in June
2012. Floyd said it should be noted that the IGA does not dictate a particular legislative
outcome, only the purposes and processes for cooperation on draft regulatory language, and
the Planning Commission is not constrained one way or another in making a recommendation
to Council. Because the TDC is silent on the purpose and procedures for plan districts, this
project proposes the creation of new language to fill this gap.
Durham Advanced Wastewater Treatment Facility is the second largest treatment facility
operated by CWS. When constructed in 1973, it replaced 14 smaller facilities scattered around
the region and is located at the southeast corner of Hall Boulevard and Durham Road,
between Tigard High School and Durham Elementary School. The facility has grown over the
years to include 106 acres on 8 parcels. Approximately 1/3 of this area is located in the
Tualatin River Floodplain, which limits its development potential for treatment operations.
Changes in philosophy and technology are driving significant changes in how the plant
operates, with treatment being increasingly augmented by energy and nutrient reclamation and
reuse, including partnerships with outside parties. Sensitive land uses have crept closer to the
facility in recent decades – creating the potential for conflict. When first constructed, Durham
Facility was located next to the Thomas Dairy Farm and various other rural land uses.
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Subdivision records indicate urban densities first appeared nearby in the late 1970s and early
80s, with the plant now surrounded by a significant number of residential and recreational land
uses. Incremental growth over time has resulted in a split zoned property, half residential and
half industrial-park zoning, that no longer fits existing conditions.
There are three main components to what is being proposed:
1. Creating 18.605 to create a code foundation for plan districts.
2. Creating consistency and clarity within existing chapters and maps.
3. Creating 18.650 to create the Durham Facility Plan district.
Revised development standards are at the heart of the new plan district. These include:
• Measurable design standards for noise, odor, and light. These would replace existing
noise, odor, and light standards which are hard to quantify or design for. CWS or
another entity building within the plan district would have to submit engineering
reports certifying the project would comply with off-site impact standards.
• Significant setbacks and buffering will help to mask the facility from all sides, and
preserve the fountain and an open space corridor along Durham Road.
• There are also design standards for industrial development along Durham road, and
improved emergency vehicle access to Waverly Estates.
STAFF RECOMMENDATION
Staff recommends the Planning Commission find in favor of the proposed amendments
contained in Attachment 1 of the staff report with any alterations as determined through the
public hearing process, and make a final recommendation to the Tigard City Council.
QUESTIONS / COMMENTS
Commissioner Muldoon asked what the “worst case scenario” would be for odor, impacts
etc., and would this be within the range of reasonable tolerances? Floyd answered that yes –
the worst case allowed scenario would be the maximum threshold set in the code and the
thresholds are set so that the impacts would be at a tolerable level.
Commissioner Feeney inquired about the access road. Randy Neff, the Principal Engineer of
CWS Durham plant, explained that there’s an easement there in case of a fire and that part of
the process is improving that emergency access road. He explained that it would hard surface
road all the way through the plant up to the end of Waverly Drive with gates on either end
that the Fire Department can access in case they need to get to Waverly Drive by a second
route. Commissioner Feeney asked when that would take place – sooner than later. Mr. Neff
said that the next major phase of the Durham Plant improvement expansion is under design
now and they hope to be under construction next summer – and this road is a part of that
project.
APPLICANT PRESENTATION – Mr. Randy Neff, Principal Engineer of the CWS
Durham Plant, explained to the Planning Commission their commitment to being good
neighbors in the City of Tigard. He said they’ve spent a lot of money covering odorous
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neighbors in the City of Tigard. He said they’ve spent a lot of money covering odorous
processes and putting in odor control. About five years ago they did a major odor control
study. A lot of odor control is taken care of by chemical scrubbers – some 20 years old. He
said that’s outdated technology but they have a multi-phased plan – of which they’ve already
done one phase - and that’s to sequentially replace the older, more troublesome, chemical
scrubbers with newer technology such as bio-filters to provide a “green” alternative and a
much better treatment process where possible.
Mr. Neff emphasized again that the CWS Durham Plant really tries to “walk the walk” when it
comes to being a good neighbor. The quantitative standards you see in the report are very new
in the industry and on the leading edge. He said it’s called for in the situation where the public
is pretty much built right up to the CWS gate. He believes good planning in terms of providing
adequate buffer and these regulations is a “win-win” situation for everybody.
COMMENTS
Commissioner Doherty said she lives in the neighborhood of the plant and wanted to say that
even living there… you would never know that there’s a sewer treatment plant as large as it is
in the neighborhood – period! “I live on the other side of Tigard High and Commissioner
Schmidt lives right across from it and… there’s never any odor or any of that type of thing.
You just wouldn’t know it was there and I’ll bet if you asked most of the people that live in
that neighborhood ‘Where’s the sewer treatment plant?’ they would not know – because it’s
hidden way back; in the front there’s just the very nice water feature - it IS a good neighbor.”
TESTIMONY IN FAVOR – None
TESTIMONY IN OPPOSITION – None
CLOSED THE PUBLIC HEARING
DELIBERATIONS
One of the commissioners stated that she thought staff had done a good job in explaining why
this needs to be done. She has no questions. The general consensus seemed to be that they all
agreed. Acting President Anderson asked if anyone had a motion.
Commissioner Calista Fitzgerald interjected that she had questions about unconditional uses
that are being applied to the Administrative Sub-District. She noticed that only on the
Administrative Sub-District is there a requirement for roof-mounted equipment to be
screened from adjacent public streets (page 82 of the proposed amendments). She said she
noticed on the map on page 85 Waverly Estates actually would be affected and that it would
be in their view lines – so she’s wondering if that portion can be applied to the operations
Sub-Districts so anything that comes in there could be screened from the housing
development. The other piece is also in the Sub-District – Paragraph B, subsection 2 – the
“Ground Floor Windows” – she said it’s a pretty generic statement to say “50% of all ground
floor wall area will be windows or doorway openings.”
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Commissioner Fitzgerald suggested adding fiber cement products, such as “HardiePlank,” to
the material exclusion list. There was a lengthy discussion about design standards, and whether
the standards set here would affect the Tigard Triangle design standards. John Floyd said that
this is a “stand-alone” chapter and that anything done here would only change development
there on Durham Road – it would not affect the Triangle at all. These are regulations specific
to this piece of property. Commissioner Fitzgerald said she considers this a first step to
improving the design aspects in Tigard, and that by applying it here they might take the
opportunity later to apply it to the Tigard Triangle and other areas.
After lengthy deliberation, Acting President Anderson suggested that Commissioner Fitzgerald
wordsmith changes she’d like to see. He asked her if she wanted to take a few minutes to
negotiate something and write it out. John Floyd told the Commission that this wouldn’t go
to Council until March so there’s actually time on the first February agenda to consider this.
He said he’d actually anticipated another hearing for this item and so if the Commission
wanted to work with staff to wordsmith this a bit and bring it back… Commissioner
Fitzgerald interjected “It’s an opportunity to really improve the aspects upon the
Administrative portion… it could maybe be improved upon and then go to the Triangle.” The
question was asked if this could be approved tonight with the exception of this small portion
that could be approved later. Commissioner Fitzgerald said she would prefer to take the time ,
let staff look at it, and come back later - especially since staff had already anticipated that.
Commissioner Shavey said he objected to passing part of this now and then part of it later. He
thinks having a little bit of time is a wise idea - “get it right, come back, and do it all”.
John Floyd wanted a bit of clarification as to what the Commission wanted. “So to restate:
you’re wanting better language for (inaudible) and materials in the Sub-District and then better
screening for the Waverly Estates.” The next date is February 4th and we have sufficient time
to look at that and bring it back.
Acting President Anderson: “Okay – do we have a motion to postpone?”
MOTION TO POSTPONE
There was a motion to postpone the meeting to a later date (February 4th) by Commissioner
Shavey – seconded by Commissioner Rogers. A vote was taken and the move to postpone
passed unanimously.
ACTION ITEM: PLANNING COMMISSION ELECTIONS
[According to the Planning Commission bylaws, elections take place on the “odd” year. This
being the first meeting of the year 2013, there was a call for nominations for the office of
Planning Commission President and Vice President.
Commissioner Shavey moved to nominate Commissioner Tom Anderson for President;
Commissioner Fitzgerald seconded the motion. There were no other nominations. A vote was
taken. All were in favor, none opposed.
CITY OF TIGARD
Respect and Care | Do the Right Thing | Get it Done
DCA2012-00004
Public Hearing
January 14, 2013
John Floyd, Associate Planner
CITY OF TIGARD
Project Origins
Regional wastewater treatment facility found
nonconforming due to legislative oversight
(1998 Development Code Rewrite)
Existing code inadequate to resolve issue
Intergovernmental Agreement (IGA) with CWS
TDC is silent regarding Plan Districts (Legal Exposure)
CITY OF TIGARD
Durham Advanced Wastewater Treatment Facility
Owned & Operated by Clean Water Services
Constructed 1973 / Annexed 1976
106 Acres across 8 parcels
Service Population > 200,000 and growing
Increasing emphasis on resource/energy recovery &
public-private partnerships.
CITY OF TIGARD
Adjoining Land Uses:
Single/Multi-Family
Residential
Public-Schools
Public Parks
Light Industrial
ODOT Facility
CITY OF TIGARD
Existing Zoning:
Split Zoned
Neither zone allows
wastewater treatment
Heavy Industrial Zoning
inappropriate for area
CITY OF TIGARD
Core Project Issues
1.Plan Districts Generally
2.From Master Planning to Dynamic Growth
3.Off-Site Impacts
4.Resource Recovery & Public-Private Partnerships
5.Site Circulation
CITY OF TIGARD
What is proposed?
Governing regulations for plan districts (18.605)
Clarification of existing districts & Legislative Notes
(18.600-640)
Naming Consistency
Boundary Maps
Official Zoning Map
New Durham Facility Plan District (18.650)
CITY OF TIGARD
What is a Plan District?
Zoning regulations unique to a specific facility or
district.
Used when standard zoning is no longer adequate or
sufficient to protect the community.
Examples include Tigard Triangle & Downtown
CITY OF TIGARD
Proposed Changes to Official Zoning Map
CITY OF TIGARD
Proposed New Chapter: 18.605 (Plan Districts)
Clarifies purpose, content, and approval criteria
Improves defensibility of Durham Facility Plan District
and future code amendments.
CITY OF TIGARD
Proposed Amendments to 18.600-640
Creates Naming Consistency
“Durham Quarry” updated to “Bridgeport Village”
Existing district boundaries included in each chapter
Corrects outdated language in 18.600 (legislative
notes) and Map 18.610.A (Downtown Sub-Districts)
CITY OF TIGARD
18.650: Durham
Facility Plan District
Acknowledges facility
as primary land use
in plan district
Provides flexibility in
phasing of
improvements
Better protects
adjacent properties
CITY OF TIGARD
Proposed New Chapter: 18.650 (Durham Facility)
Perimeter & Sub-District based regulations
Allowed Land Uses (Table 650.1):
Wastewater treatment
Offices
Accessory Industrial
Community Recreation
CITY OF TIGARD
Proposed Review Procedures in 18.650
Generalized exemption from land use permits
(straight to building permits)
Conditional Use Permits for:
Specified land uses
Projects impacting transportation system
Temporary Off-Site Impact Permits
CITY OF TIGARD
Proposed Development Standards in 18.650
Measurable design standards for noise, odor & light
Perimeter setbacks & landscape buffers/screening
Preserves existing fountain/greenspace
Design standards to protect Durham Road Corridor
Improved emergency vehicle access to Waverly Estates
CITY OF TIGARD
Public Noticing & Comments
Project Website & Cityscape
Neighborhood Meeting (owners within 1,000’ invited)
Affected Agencies & Adjacent Cities
Citywide Interested Parties List
CITY OF TIGARD
Errata #1: Table 18.650.1
(See page 63 of Project Report)
Sub-Districts
Land Use
Administrative
Sub-District
(DA)
Operations Sub-District
(CT)
Floodplain
Sub-District
(LC)
Waste Related N P N
Office P P N
Basic Utilities P P P
Utility Corridors P P P
Industrial Services C1 P N
General Industrial N R2 N
Community Recreation P P P
Wireless
Communication
Facilities
P P P
CITY OF TIGARD
Recommended Change #1: Text 18.600
18.600: COMMUNITY PLAN DISTRICT AREA STANDARDS
(See page 25 of Project Report)
CITY OF TIGARD
Recommended Change #2: Text 18.650.050.A.2
The Operations Sub-District shall meet buffer standards F
along all boundaries of the sub-district, as set forth in
Table 18.754.2, with the exception of the boundary
between the Operations Subdistrict and Administrative
Subdistrict.
(See page 69 of Project Report)
(See page 63 of Project Report)
CITY OF TIGARD
CITY OF TIGARD
Staff Recommendation
Staff recommends the Planning Commission find in favor
of the proposed amendments contained in Attachment 1
of the staff report, with any alterations as determined
through the public hearing process, and make a final
recommendation to the Tigard City Council.
CITY OF TIGARD
Nasal Ranger in Action