AIS-3600       7.            
Business Meeting
Meeting Date: 11/27/2018
Length (in minutes): 45 Minutes  
Agenda Title: Legislative Public Hearing: Phase II Community Development Code Amendments
Prepared For: Schuyler Warren, Submitted By: Schuyler Warren, Community Development
Item Type: Motion Requested
Public Hearing - Legislative
Meeting Type: Council Business Meeting - Main
Public Hearing: Yes
Publication Date:

Shall City Council adopt amendments to Title 18, Community Development Code, as part of the Phase II Policy and Procedures project? The focus of the amendments is on:
  1. Policy changes to allow missing middle housing types as recommended in the 2013 Housing Strategies Report and under Goal 10 of the Tigard Comprehensive Plan;
  2. Reorganization of residential and commercial design standards;
  3. Policy changes related to group living, transitional housing, and emergency shelter to meet federal requirements;
  4. Provision of an on-street parking credit and updates to the off-street parking regulations;
  5. Clarifying process and standards for small cell wireless installation in the right-of-way;
  6. General housekeeping to increase consistency and remove redundancies;
  7. Miscellaneous code fixes identified by staff;
  8. Replacing and removing outdated and ineffective regulations;
  9. Streamlining existing processes and procedures; and
  10. Addressing minor deficiencies in the code.
The Planning Commission recommends approval  of the proposed development code text amendments as further amended by staff and with any alterations as accepted by Council determined through the public hearing process.

Staff recommends adoption of the findings in the Planning Commission recommendation to Council and adoption of the code amendments as shown in Exhibit B and further amended by Exhibit C.
The Phase II Policy and Procedures project is the second part of a comprehensive effort to update the development code to incorporate recommendations from the 2013 Housing Strategies Report and the 2015 Strategic Plan Code Audit, streamline processes, modernize language, and provide a document that is easier to read, understand, and navigate. The first phase of the code update project, completed in 2017, concentrated on smaller non-policy issues and code reorganization. This phase has focused on policy changes related to housing, temporary shelter, strategic plan implementation, parking standards, small cell wireless, process and procedures, and also includes further reorganization and non-policy changes to language.

This project specifically focuses on the following areas:

Housing Policy
The purpose of the updates related to housing policy is to implement the recommendations of the 2013 Housing Strategies Report and the Housing Options Task Force, and to comply with state and federal law. The 2013 Report included the following recommendations.
  • Recommendation CA1:  Update the TCDC to add a new code section specific to cottage clusters.
  • Recommendation CA4:  Adopt single family attached housing standards as special development standards for use citywide.
  • Recommendation CA6:  Amend TCDC 18.710.020 to allow more opportunities for ADUs as well as additional standards to address neighborhood compatibility.

In addition, the Comprehensive Plan includes the following recommended action measures:
  • Support housing types, such as shared housing, accessory dwelling units, smaller homes, cottage clusters, adult foster homes, and other assisted living arrangements that allow the elderly to remain in their community as their needs change.
  • Develop infill design and/or cottage cluster housing standards to ensure that new housing constructed within existing residential neighborhoods complements and is compatible with existing development.

The proposed development and design standards for missing middle housing types are intended to ensure that these housing types are both economically feasible and compatible with existing development.

Senate Bill 1051, passed in 2017, requires that the City of Tigard allow all types of accessory dwelling units wherever single detached houses are allowed. Previously, the code only allowed internal and attached accessory dwelling units. The proposed code brings the city into compliance with state law, follows the recommendations of the 2013 Housing Strategies Report, and implements recommendations from the Department of Land Conservation and Development (DLCD), the Housing Options Task Force, and public comment to allow up to two accessory dwelling units per lot, with only one of those units allowed as detached.

Another policy change is to bring the development code into compliance with federal law, which precludes differential treatment of group living uses. All restrictions on group living have been amended to match the restrictions on household living.

The final changes to housing policy relate to temporary shelter, which has also been added as an allowed temporary accessory use for religious institutions and social and fraternal organizations. This change provides clear criteria for service providers such as Family Promise of Tualatin Valley to provide important shelter services on a limited basis through local religious institutions.

Strategic Plan
The proposed code changes implement some specific recommendations from the Strategic Plan Code Audit, including:
  • Adding definitions for sidewalk, path, and trail;
  • Allowing land dedicated to paths and trails to be subtracted from net development area when placed in an easement;
  • Reducing the minimum dimensions for off-street parking spaces;
  • Updated language to specifically refer to the Transportation System Plan and the Trails System Master Plan in land division chapters.
  • Moved pedestrian connectivity standards in the Design Compatibility Standards, where they were applicable only in certain circumstances, to the development standards for rowhouses.

In addition, the strategic plan was considered when creating the development standards for all missing middle housing types. On-site paths that meet federal and state accessibility standards are a requirement of all missing middle development. The street frontage and the pedestrian environment were key considerations in ensuring neighborhood compatibility.

Reorganizing and Consolidating
The purpose of reorganizing and consolidating the development code is to implement new development standards. These changes include moving several chapters to other locations, as well as creating of several new chapters, some of which are simply placeholders at this time.

Parking Policy Updates
The Off-Street Parking and Loading chapter was reorganized to use a similar format to other chapters, and many of the provisions were re-worded for clarity. Several obsolete or outdated provisions were removed.

In addition, an on-street parking credit provision was added. This is a common credit in other Metro-area jurisdictions, including Hillsboro, Wilsonville, Sherwood, Oregon City, and Troutdale. It is also a key recommendation of the 2013 Housing Strategies Report, since excessive parking provision for residential uses drives up costs through over-allocation of land to parking areas. This is especially true for accessory dwelling units, where parking can typically be accommodated on-site within existing parking areas and where additional spaces can crowd out the actual dwelling, making it infeasible. The typical curb cut for a driveway is the same width as an on-street space, resulting in no net loss of parking area. 

Small Cell Wireless
The proposed code changes clarify how small cell wireless facilities are treated when they are to be installed in rights-of-way. Currently, because the code does not directly address these newer types of wireless infrastructure, they are treated the same as any other antenna installation, requiring a site development review or conditional use permit, depending on the zone.

The code changes clarify that small cell wireless installations in the right-of way are not subject to land use regulation, but are instead subject to a city franchise agreement or license, applicable lease, and engineering standards. This change has been coordinated with Public Works and Engineering staff, who are developing their own standards for installation and maintenance of this type of infrastructure.

Tigard Downtown
Several changes clarify what types of development are subject to downtown design review. In addition, certain regulations, such as stepbacks, were found to be undesirable and have been removed altogether.

The procedures provided in Chapters 18.810, Lot Line Adjustments, Chapter 18.820, Land Partitions, and Chapter 18.830, Subdivisions were updated to allow for lot creation for the purposes of missing middle housing. Lots created for missing middle housing are subject to deed restrictions to ensure that what would otherwise be non-conforming lots are used only for the stated purpose. In addition, language in all three chapters was updated to be consistent. The procedures for Director Determinations were also streamlined and changed to clarify that determinations utilize the Type I process.

Outdated/Ineffective Regulations
Within some chapters, certain provisions have become outdated or obsolete. These provisions have been removed. Most of these changes are small and specific instances are reflected in the code commentary.

Minor Deficiencies and Language Updates
Many small changes have been made, most related to language changes. Other small miscellaneous changes have been made to correct deficiencies collated by staff over the previous few years. These small changes are reflected in the commentary.
Other alternative include:
  1. Do not adopt the amendments;
  2. Revise and adopt the amendments;
  3. Remand back to the Planning Commission.
Comprehensive Plan Goal 1: Citizen Involvement
Comprehensive Plan Goal 2: Land Use Planning
Comprehensive Plan Goal 10: Housing
2013 Housing Strategies Report
November 28, 2017 - Discussion of Housing Options Task Force
December 5, 2017 and January 23, 2018 - motions to form task force and appoint members
July 17, 2018 - Update to Council

Ordinance No. 18-23
Exhibit A - Planning Commission Recommendation and Staff Report
Attachment 1 - Full Strikethrough
Attachment 2 - Development Code Reorganization
Attachment 3 - Agency Comments
Attachment 4 - Public Comments
Attachment 5 - PC Minutes
Exhibit B - Title 18
Exhibit C - Additional Amendments Memo
Powerpoint presentation