11/18/2013 - PacketPLANNING COMMISSION AGENDA – NOVEMBER 18, 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: November 18, 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. PLANNING COMMISSIONER COMMUNICATIONS 7:01 p.m.
4. CONSIDER MINUTES 7:10 p.m.
5 PUBLIC HEARING – DCA2013-00003 PARKS ZONE 7:10 p.m.
6. OTHER BUSINESS 8:10 p.m.
7. CALL FOR FUTURE AGENDA ITEMS 8:15 p.m.
8. ADJOURNMENT 8:20 p.m.
C-PR-25R-4.5
R-12
C-N
R-12R-4.5
R-2
R-12
R-12
R-12
C-G
R-4.5R-7
R-3.5
R-4.5
C-G
R-25
C-G
R-25
R-7
R-12R-12
R-25
R-2 R-25R-4.5
R-1
R-3.5
R-4.5
R-25
R-25
C-C
R-12
R-4.5
R-4.5
R-7
R-7
R-12
R-4.5 R-7
R-2R-3.5
R-4.5
R-12
MUE-2
R-4.5
R-7
C-P
R-12R-7R-25
C-N
R-7
R-12
C-G
R-4.5
R-4.5
MUC
MUR-1
MUR-2
C-G
MUE
R-3.5R-25I-P C-P
I-L
I-H
C-G
C-GR-7R-4.5
R-12R-7
R-4.5
R-12
R-3.5 C-G
R-40
MU-CBD
R-4.5
R-7
R-12
MUC-1
MUE-1
MUR-1MUR-2
C-G
I-P
C-NC-P
MUE
R-4.5
I-PWA-CNTY
R-7
I-P
Proposed Zoning Mapwith Parks and Recreation Zone
§¨¦
§¨¦§¨¦
§¨¦
(/
(/
SS
SS SS SS
SS
84
10
26
99W
99E217
PO R TL A ND
BEAV E RTO N
TI G A R DLA KE O SW EG O
TUA L ATI N
MI LWAUKI E
C i t y o f T i g a r d13125 S o u t h w e s t H a l l B o u l e v a r d T i g a r d , O r e g o n 9 7 2 2 3503 . 6 3 9 . 4 1 7 1 w w w .t i g a r d -o r.g o v
Scale
0 0.50.25 Miles
Vicinity Map
Tigard City Boundary
City of TigardMetroWashington County
DATA SOURCES:
Proposed Parks and Recreation Zone
Zoning
30,000 Sq Ft Min Lot Size
20,000 Sq Ft Min Lot Size
10,000 Sq Ft Min Lot Size
7,500 Sq Ft Min Lot Size
5,000 Sq Ft Min Lot Size
3,050 Sq Ft Min Lot Size
1,480 Sq Ft Min Lot Size
40 Units Per Acre
Mixed Use Residential 1
Mixed Use Residential 2
Mixed Used Central Business District
Community Commercial
Neighborhood Commercial
General Commercial
Professional Commercial
Mixed Use Commercial
Mixed Use Commercial 1
Mixed Use Employment
Mixed Use Employment 1
Mixed Use Employment 2
Light Industrial
Industrial Park
Heavy Industrial
Washington County Zoning
Page 1 of 4
CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
November 18, 2013
CALL TO ORDER
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: President Anderson
Commissioner Doherty
Commissioner Fitzgerald
Commissioner Muldoon
Vice President Rogers
Commissioner Schmidt
Absent: Commissioner Feeney; Commissioner Gaschke; Commissioner Shavey
Staff Present: Tom McGuire, Assistant Community Development Director; John Floyd,
Associate Planner; Chris Wiley, Sr. Admin.; Doreen Laughlin, Executive
Assistant; Steve Martin, Parks & Streets Manager
PLANNING COMMISSIONER COMMUNICATIONS
Commissioner Fitzgerald stated that she’d attended two Tigard Triangle CAC meetings and
gave a brief report on those meetings.
CONSIDER MINUTES
October 21 Meeting Minutes: President Anderson asked if there were any additions, deletions,
or corrections to the October 21 minutes; there being none, Anderson declared the minutes
approved as submitted.
PUBLIC HEARING – President Anderson opened the public hearing.
PUBLIC HEARING: DCA2013-00003 PARKS ZONE
Associate Planner John Floyd introduced himself and distributed copies of additional
testimony that he’d received. (Exhibit A). He said this is a text and map amendment that
would amend Chapter 18.330 which pertains to conditional uses. It would remove existing
regulations for community recreation land uses out of this chapter and migrate them towards a
new chapter labeled 18.540, which is the new parks and recreation zone. This would essentially
create a fourth base zone type. Presently, the city only has residential, commercial, industrial
zoning districts; this would add a fourth type which would be “Parks & Recreation.” The map
amendment would affect a little over 500 acres of land, which is about 7% of the city land
mass and about 90% of that is zoned residential.
John went over a Power Point presentation (Exhibit B). He noted that this project:
Page 2 of 4
Does not propose specific changes to existing parks, or create a new park. This is a
rules and procedures change – it’s not a proposal for a specific change to a specific
park.
Does not rezone private property. As proposed, new zone may only be applied to
publicly owned land (18.540.030). This is not a case of the city trying to preemptively
zone property.
Does not change, remove, or supersede any existing sensitive lands regulations
(18.540.040).
So why change the existing code?
The code lacks a dedicated zone for parks or other public uses. The existing code makes
Community Recreation Land Uses a conditional land use in almost all zones.
Development standards are minimal and inflexible –
• 30’ setback for all structures, regardless of their purpose
• Does not address non-structural improvements (ballfields, etc)
Results in a lengthy & expensive process
• Permit fees
• Consultants
• Staff time
• Street dedications and improvements
• Delayed project implementation
For one recent small project to install a play area and trailhead, the cost of the land use permit
is going to exceed the cost of physical improvements.
What would be the biggest change from the existing code?
In contrast to present regulations, the proposed amendments would exempt a series of clear
and objective development types from conditional use permit review and site development
review, provided they met all applicable development standards.
These development types can be broadly construed as “passive recreation facilities” and by
themselves do not have a high likelihood of creating off-site impacts.
What do others have to say?
Citizen Inquiries:
• Mostly Informational
• More enforcement of leash rules
• What are the future plans for the park/open space by my house?
• Just hurry up and build them
• Loss of privacy and security
• Confusion regarding overlapping notices for Senn Park (Dec 9) and Dirksen Nature
Park (Recent)
Three Substantive Comments:
• Limit size of projects listed as “by-right” and exempted from land use review
• Increased protection of environmental resources (i.e. habitat, wetlands, etc)
• ODFW recommended we create subzones and regulate improved land, open space,
and natural areas differentially
The latter two are outside the scope of this project.
Page 3 of 4
STAFF RECOMMENDATION
Staff recommends the Planning Commission find in favor of the proposed development code
text amendments and map amendments with any alterations as determined through the public
hearing process, and make a final recommendation to the Tigard City Council.
QUESTIONS OF STAFF
Was this vetted through the Parks and Recreation Board? Yes. We worked closely with
Steve Martin and Brian Rager. Mr. Martin is here tonight if you have any questions.
And, currently there is no separate zoning for parks? There is not. No.
TESTIMONY IN FAVOR - Steve Martin, Parks & Streets Manager for the City of
Tigard – testified they are in favor of the new zone because it would streamline things. He
explained that they don’t skip any environmental processes.
TESTIMONY IN OPPOSITION – Sue Bielke 11755 SW 114th Place, Tigard spoke on
behalf of the “Friends of Fanno Creek” group. She gave her testimony and provided a
transcript of her testimony (Exhibit C).
Ron Shaw, 13515 Essex Drive, Tigard said his property is backed by a green belt and that
he and his neighbors assumed that the green space would remain a green space and not a
public park. His concern is that he was not specifically notified and that the process will be
further simplified in the future. President Anderson added that Mr. Shaw’s written statement is
in the commissioner’s packets and that would be considered as well.
Glenna Thompson, 13676 SW Hall Blvd Unit 2 Tigard said she had submitted an email to
John Floyd and stated that the commissioners have a copy of it regarding her thoughts on the
proposal. She said her biggest concern is a “one size fits all” concept that seems to be going
on.
Jerrod Buckmaster, 14802 SW 91st Ave., Tigard – said he lives in the “Mallard Lakes” area
where there are two ponds which are owned by the neighborhood. He said there are geese,
ducks, blue herring, turtles, and other wildlife in that area. The city owns the greenway area.
His and his neighbors that also back to the greenspace are concerned that the wildlife may be
impacted. John Floyd stated that this area is under “sensitive lands” and that the lands owned
by Mr. Buckmaster’s neighborhood association would not be affected by this project.
David Driscoll, 13469 SW Essex Drive, Tigard said this is the first time he’s ever attended a
Planning Commission meeting and the first time he’d heard John Floyd. His concern is what
will happen at the bottom of the ravine behind Essex Drive. John said because the fact that
there’s already a trail back there, he’s not sure there’s much more in the works for that area but
that he believes Mr. Martin could answer that more specifically. He added that any
development on slopes more than 25% has to go through Sensitive Lands Review and there
are different levels of that. There is oversight for development in those types of steep areas.
A question came up as to fencing regulations. John answered that there are regulations for
things like fences in floodplain areas and that staff could get back to the commission on that if
they would like more specific information.
CITY OF TIGARD
Respect and Care | Do the Right Thing | Get it Done
Parks Zone Project
DCA 2013-00003
November 18, 2013 John Floyd, Associate Planner
CITY OF TIGARD
What is the Tigard Parks Zone Project?
Why change the Development Code?
Where would it apply?
What precedents are there?
How would it change existing code?
What do others have to say?
Questions for the Planning Commission
CITY OF TIGARD
What is the Tigard Parks Zone Project?
Text Amendments to Tigard Development Code
Amends 18.330 (Conditional Use)
Creates 18.540 (Parks & Recreation Zone)
Zoning Map Amendment to apply the new base zone
to approximately 500 acres of city-owned parkland
7% of total land area of Tigard
90% is presently zoned residential
CITY OF TIGARD
What is it NOT?
Does not propose specific changes to existing parks, or
create a new park.
Does not rezone private property. As proposed, new
zone may only be applied to publicly owned land
(18.540.030).
Does not change, remove, or supersede any existing
sensitive lands regulations (18.540.040).
CITY OF TIGARD
Why change the existing code?
Existing code inefficient, lacks flexibility or uniformity
Increase in number/size of park projects
“Costs” of existing code:
Disproportional costs for small projects and low-impact
improvements (fees, consultants, staff time, required
street improvements).
Delayed project implementation.
CITY OF TIGARD
Where would it apply?
All city-owned parks and greenspaces.
Both developed and undeveloped.
Metro has expressed interest for their properties.
Question from staff: Is the Planning Commission
interested in creating an “automatic rezoning” process
to coincide with parkland purchases?
CITY OF TIGARD
What precedents are there?
Recent city projects in developing/improving parkland
Dedicated parks/public zone commonly used by other
jurisdictions (12 of 17)
Most varied their review process by typology of
development.
Examples of recreation-specific standards for setbacks,
height, and off-site impacts.
CITY OF TIGARD
How would it change existing code?
Create a 4th type of base zone and chapter (18.540)
Transfer community recreation development
standards from 18.330 to 18.540.
Streamlined review for low-impact and minor
development associated with Community Recreation
More flexible development standards focused on the
protection of adjacent, residential development.
CITY OF TIGARD
How would it change existing code?
18.330.050.B.5 - Community Recreation and Parks
a.All building setbacks shall be a minimum of 30 feet
from any property line
b.There are no off-street parking requirements, except
that five automobile parking spaces are required for a
dog park or off-leash area…
CITY OF TIGARD
How would it change existing code?
18.540.010 Purpose
“The Parks and Recreation Zone is intended to preserve
and enhance publicly owned open space and natural and
improved parkland within the City…”
CITY OF TIGARD
How would it change existing code?
18.540.030 Where the Zone is Applied
“The Parks and Recreation Zone is applicable to all city
owned lands intended as parks, open space, and
recreational facilities and may be applied within all
Comprehensive Plan Designations…other public agencies
may request a Parks and Recreation designation for areas
that meet the purpose of the zone.”
CITY OF TIGARD
How would it change existing code?
18.540.040 Other Zoning Regulations
“The regulations within this Chapter state the allowed
uses and development standards for the base zone. Sites
with overlay zones, plan districts, inventoried hazards,
and/or sensitive lands are subject to additional
regulations. Specific uses or development types may also
be subject to regulations as set forth elsewhere in this
title.”
CITY OF TIGARD
How would it change existing code?
18.540.050 Use Regulations
Table 18.540.1 – Use Table: Parks and Recreation Zone
Anticipates community recreation as primary land use
Allows other needed community facilities (i.e. Basic
Utilities and Cultural Institutions) and accessory land
uses to provide programming and partnership
opportunities (i.e. concessionaires and equipment
rental companies).
CITY OF TIGARD
How would it change existing code?
18.540.050 Use Regulations
“Development Permitted Outright. When associated with
a Community Recreation land use, the following types of
development are allowed outright if they comply with
the development standards and other regulations of this
title. Site Development Review is not required for the
uses listed below. All other applicable land use reviews
apply.”
CITY OF TIGARD
How would it change existing code?
1. Park furnishings such as play equipment, picnic tables, benches, bicycle racks, public
art, trash receptacles and other improvements of a similar nature.
2. Fences.
3. Off-street, multi-use trails.
4. Structures up to 600 square feet in size, and no more than 15 feet high.
5. Picnic areas designed to accommodate groups of less than 25.
6. Outdoor recreational fields, courts, arenas and other structures when not
illuminated and not designed or intended for organized sports and competitions.
7. Community gardens up to 5,000 square feet in size.
8. Routine maintenance or replacement of existing facilities.
CITY OF TIGARD
How would it change existing code?
“Development Subject to Conditional Use Review. The
following types of development are allowed subject to
Conditional Use Permit approval…”
CITY OF TIGARD
How would it change existing code?
18.540.060 Development Standards
“Development within the zone must comply with the
following development standards, except where the
applicant has obtained variances or adjustments in
accordance with Chapters 18.370.
A. Minimum Lot Size. None.
B. Minimum Lot Width. None.”
CITY OF TIGARD
How would it change existing code?
18.540.060 Development Standards
“C. Maximum Structure Height. None, except structures
within 100’ of a residential zone are subject to the
maximum height limit for the abutting residential zone.
D. Minimum Structure Setbacks. None, except where
abutting a residential zone. In such cases structures must
be setback a minimum distance of one foot for each foot
of building height.”
CITY OF TIGARD
How would it change existing code?
18.540.060 Development Standards
“E. Outdoor Recreation Facility Setbacks. Non-illuminated
playgrounds must be set back a minimum of 25 feet from adjoining
residentially zoned properties. Illuminated playgrounds and other
constructed recreational facilities such as swimming pools, skate
parks, basketball courts, soccer fields, and group picnic areas must
be setback 50 feet from adjoining residentially zoned properties.
Where the outdoor facility abuts a school use, the setback is reduced
to zero. Outdoor recreation facilities not meeting minimum setbacks
set forth in this subsection may be considered through conditional
use review as set forth in 18.330.”
CITY OF TIGARD
How would it change existing code?
18.540.060 Development Standards
“F. Bathrooms and Concessions. Bathrooms and
concession stands shall be setback a minimum distance
of 50 feet from adjoining residential zones. Where a
bathroom or concession stand abuts a school use on a
residentially zoned property, the setback is reduced to
zero.”
CITY OF TIGARD
How would it change existing code?
18.540.060 Development Standards
“Dog parks shall provide the following:
a. Dog parks or off-leash areas with a fenced area of one-acre or
more shall provide a minimum of five vehicle parking spaces, and a
parking plan for anticipated peak use periods.
b. Dog parks or off-leash areas with a fenced area of less than one-
acre shall provide a minimum of three off-street parking spaces, and
a parking plan for anticipated peak use periods.
c. Dog parks or off-leash areas with a fenced area of less than one-
half acre are exempt from minimum parking requirements.”
CITY OF TIGARD
How would it change existing code?
18.540.060 Development Standards
“I. Lights & Amplified Sound Systems. Lights and amplified sounds
systems shall comply with Chapter 18.725 (Environmental
Performance Standards). In addition, 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 site
boundary or at the furthest boundary of adjacent industrially-zoned
properties.”
CITY OF TIGARD
What do others have to say?
Staff discussed the amendments with Metro
Potentially interested in rezoning their property
Did not submit a formal comment
Four Citizen Comment Letters
BPA & ODFW
Over 50 general inquiries from public outreach (signs,
postcards, notices, etc.)
CITY OF TIGARD
Questions for the Planning Commission
Does the planning commission approve of the draft
amendments as proposed? Need more information?
Text changes?
Is the Planning Commission interested in creating a
process for the “automatic rezoning” of parkland upon
purchase by the city?