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CPA2007-00002
r • 74‘:_ • i re ' Department of Land Conservation and Development . 635 Capitol Street; Suite 150 *rR ' Salem, OR 97301-2540 ��v�i Theodore R.Kulongoski.Governor _ (503) 373-0050 ge Fax(503) 378-5518 www.lcd.state.or.us AMENDED NOTICE OF ADOPTED AMENDMENT December 12 2007 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM Mara Ulloa,Plan Amendment Program Specialist SUBJECT: City of Tigard Plan Amendment DLCD File Number 007-07 The Department of Land Conservation and Development(DLCD) received the attached notice of adoption. A copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local government office. Appeal Procedures* • DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: December 28,2007 This amendment was submitted to DLCD for review 45 days prior to adoption. Pursuant to ORS 197.830 (2)(b)only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). If you wish to appeal,you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA)no later than 21 days from the date the decision was mailed to you by the local government. If you have questions, check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. *NOTE: THE APPEAL DEADLINE IS BASED UPON THE DATE THE DECISION WAS MAILED BY LOCAL GOVERNMENT. A DECISION.MAY HAVE BEEN MAILED TO YOU ON A DIFFERENT DATE THAN IT WAS MAILED TO DLCD. AS A RESULT YOUR APPEAL DEADLINE MAY BE EARLIER THAN THE ABOVE DATE SPECIFIED. Cc: Gloria Gardiner, DLCD Urban Planning Specialist Amanda Punton, DLCD Natural Resource Specialist Marguerite Nabeta, DLCD Regional Representative Christine Shirley,FEMA Specialist Marissa Daniels, City of Tigard <paa>ya tlec monk❑mailed DEPT OF M 2 DLCD Notice of Adoption : ' ; 1 THIS FORM MUST BE MAILED TO DLCD AND WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION � x PER ORS 197.610,OAR CHAPTER 660-DIVISION 18 p =' 4----- - -°--- - - Jurisdiction: City of Tigard Local file number: CPA2007-00002 Date of Adoption: 12/4/2007 Date Mailed: 12/6/2007 Was a Notice of Proposed Amendment(Form 1) mailed to DLCD? YesDate: 8/1/2007 ® Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ❑ Land Use Regulation Amendment 0 Zoning Map Amendment ❑ New Land Use Regulation ❑ Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". 4 Amend Chapter 3:Natural Features and Open Space(Statewide Planning Goal 7)of the Tigard Comprehensive Plan to update the goals, policies, and action measures to reflect current conditions. • ; Does the Adoption differ from proposal? No, no explaination is necessary Plan Map Changed from: to: Zone Map Changed from: to: Location: Acres Involved: 'Specify Density: Previous: New: Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ® ►� ❑ nnn ❑ n ❑ ❑ ❑ ❑ ❑ n ❑ Was an Exception Adopted? 0 YES ® NO Did DLCD receive a Notice of Proposed Amendment... 45-days prior to first evidentiary hearing? ®Yes ❑ No if no, do the statewide planning goals apply? ❑ Yes ❑ No If no, did Emergency Circumstances require immediate adoption? ❑Yes ❑ No DLCD file No. 007-0706.277 ) ij, Please list a ll affected State or Federal.Agencies, Local Governments.or,Special Districts: . - f: Metro . - ,; : Clean Water Services: . • _ -$ ' <' - 4• : FEMA '.: . , -;, -- - - _ . i.` Tualatin Valley Fire and.Rescue - ' DOGAMI - °`." ' . : -• Washington;Coiinty ;._- . ": `" .f Local Contact:_ Marissa=Daniels Phone:' (503),718=2428 Extension: Address: 13125 S.WJRaILBlvd _ Fax Number:: 503-684-7297 " r; City: Tigard Zip: 9'7223- E-mail Address:- marissa @tigard-or.gov l t - 'ADOPTION:SUBMITTAL REQUIREMENTS _�- - This.form'must,be mailed to:DLCD,within 5 working,days.after the final,decision .;t .;; • per'ORS_"197.6110,OAR Chapter'6`60-Division T8:` `:' ,:1, r ='' Send'this Form andTWO Complete Copies'(documents and=maps)of the Adopted"-AmendmentEto: _-'4: ,: 1".• ATTENTION PLAN AMENDMENT SPECIALIST ° fir{. • :- - '.�.. <. .. ..: .,. .... :::. : ...• �, . : " •: ,. , ' - 1 ' - DEPARTMENT OF.LAND CONSERVATION;AND DEVELOPMENT" j " - •' . - 635 CAPITOL STREET:NESUITE-150 e:> I -SALEM,OREGON 97301-2540,=. = = i 1 2: " `_ Electronic=Subriiittals At least one`hard'copy.must be-sent`by mail=or in�person, but you may also submit an electronic copy,by either entail or FTP You may:connect to this address to FTP..proposals and i adoptions:<webserver:lcd.state:or:us. To.obtain our Usernaicne"and'password for FTP,call Mara Vilna at .' 503-373-0050 extension 238,or by emailing mara.uHOa @state.or.us. - 3. Please Note: Adopted:materials.must be sent to DLCD not later.than FIVE(5)working days :following the date of the final decision on-the amendment.: i. 4. , Submittal of this •otice of Adoption must include,the text of the amendment plus adopted findings 2 ' }. .. and supplementary information. 5. --Th. deadline to appeal: Will not be extended if you submit this notice of adoption within five working:' days of the final decision. Appeals to LUBA may be fired"within TWENTY-ONE(21) days of the date, the Notice-of Adoption is sent to DI:CD. . . 6. In addition to sending:the Notice of Adoption.toDLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can.now access these forms'online at htip Ilwww:lcd.state or-us/:' Please, print on 8-1/2x11 green paper"only. You MO-also call the DLCD;.Office at(503);:373-0050; or Fax , your request to:,-:(501):378-5$10.; or Email your r equest to mara.ulloa @state.or.us -ATTENTION: PLAN AMENDMENT SPECILIST. !" : , http://www.lcd.state.or.us/LCD/forms.shtml - Updated November27;--2006`, U.S. Postal Serviceim CERTIFIED MAILTM RECEIPT III (Domestic Mail Only;No Insurance Coverage Provided) III D For delivery information visit our website at www.usps.com® u7 OFFICIAL USE Q m Postage I , r �p NCl/ t 0 Certified Fee O a O Return Receipt Fee l7 Po c (Endorsement Required) r y r CI Restricted Delivery Fee , (Endorsement Required) c'e ya CJ <6 N Total Postage&Fees �MI I �0 d Nd O N SI. ATTN:Plan Amendment Specialist lit? or Department of Land Conservation&Development ci 635 Capitol Street NE.,Suite 150 Salem,OR 97301-2540 'eve ;c to Ir S1r,C IOi1S _1 SENDER: COMPLETE THIS SECTION • COMPLETE THIS SECTION ON DELIVERY 1 • Complete items 1,2,and 3.Also complete A Signature item 4 if Restricted Delivery is desired. X ❑Agent • Print your name and address on the reverse `/ ❑Addressee { so that we can return the card to you. C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. �. ►�:� % ` d 11. Article.Addressed.to D. Is deliv- .ddress different from item 1? ❑Yes ATTN:Plan Amendment Specialist If YES,enter delivery address below: ❑ No Department of Land Conservation&Development I. 1: 635 Capitol Street NE.,Suite 150 Salem,OR 97301-2540 E 3. S ice Type 1 VCertified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise 1 ❑Insured Mail ❑C.O.D. 1 it 4. Restricted Delivery?(Extra Fee) ❑Yes t 2. Article Number (Transfer from service label 7 0 0 7 0710 0000 0 0 0 1305 0 5 1022 2 2 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 If - 1 • n~perm` e'lectron.ie ® naiei. DLCD -- — -''.' :Fs<.:. '!•' :rte - ..` i-•- tr r:A4 i�. PA gr Notice of Adoption THIS FORM MUST BE MAILED TO DLCD , . 'x•: `:;;:;:',` r,i :_ WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION :: :x '. £r ;_. ? `t":' = a` y' ==L.. PER ORS 197.610,OAR CHAPTER 660-DIVISION 18 • Jurisdiction: City of Tigard Local file number: CPA2007-00002 Date of Adoption: 12/4/2007 Date Mailed: 12/6/2007 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? YesDate: 8/1/2007 ® Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ❑ Land Use Regulation Amendment ❑ Zoning Map Amendment ❑ New Land Use Regulation ❑ Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". . Amend Chapter 3: Natural Features and Open Space (Statewide Planning Goal 7) of the Tigard Comprehensive Plan to update the goals, policies, and action measures to reflect current conditions. Does the Adoption differ from proposal? No, no explaination is necessary Plan Map Changed from: to: Zone Map Changed from: to: Location: Acres Involved: Specify Density: Previous: New: Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Was an Exception Adopted? ❑ YES ® NO Did DLCD receive a Notice of Proposed Amendment... 45-days prior to first evidentiary hearing? ® Yes ❑ No If no, do the statewide planning goals apply? ❑ Yes ❑ No If no, did Emergency Circumstances require immediate adoption? ❑ Yes ❑ No DLCD file No. Please list all affected State or Fe eral Agencies, Local Governments OSpecial Districts: Metro • Clean Water Services FEMA Tualatin Valley Fire and Rescue DOGAMI Washington County Local Contact: Marissa Daniels Phone: (503) 718-2428 Extension: Address: 13125 SW Hall Blvd Fax Number: 503-684-7297 City: Tigard Zip: 97223- E-mail Address: marissa @tigard-or.gov ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610,OAR Chapter 660-Division 18. 1. Send this Form and TWO Complete Copies (documents and maps) of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 2. Electronic Submittals: At least one hard copy must be sent by mail or in person, but you may also submit an electronic copy, by either email or FTP. You may connect to this address to FTP proposals and adoptions: webserver.lcd.state.or.us. To obtain our Username and password for FTP, call Mara Ulloa at 503-373-0050 extension 238, or by emailing mara.ulloa @state.or.us. 3. Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5,. The deadline to appeal will not be extended if you submit this notice of adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the Notice of Adoption is sent to DLCD. 6. In addition to sending the Notice of Adoption to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. Please print on 8-1/2x11 green paper only. You may also call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email your request to mara.ulloa @state.or.us - ATTENTION: PLAN AMENDMENT SPECIALIST. http://www.lcd.state.or.us/LCD/forms.shtml Updated November 27,2006 • CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 07- a D AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2007-00002 TO UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS WHEREAS, the Tigard City Council directed staff to complete a full update of the Tigard Comprehensive Plan, including a process for garnering citizen input; and WHEREAS, the Tigard visioning reports, community surveys, and policy interest team meetings were utilized to develop draft language for the update of the Tigard Comprehensive Plan; and WHEREAS, the City has proposed an amendment to the Tigard Comprehensive Plan Chapter 3 by updating Goals, Policies, and Recommended Action Measures corresponding to Statewide Planning Goal 7; and WHEREAS, the Tigard Planning Commission held a public meeting,which was noticed in accordance with City standards, on September 17, 2007, and recommended approval of the proposed CPA 2007- 00002 by motion and with majority vote; and WHEREAS, on December 4, 2007, the Tigard City Council held a public hearing, which was noticed in accordance with City standards, to consider the Commission's recommendation on CPA 2007-00002, and at this meeting the Tigard City Council adopted CPA 2007-00002 by motion, as amended pursuant to the public hearing and its deliberations; and WHEREAS, Council's decision to adopt CPA 2007-00002 is based on the findings and conclusions found in the City of Tigard staff report dated September 7, 2007 and the associated record which are incorporated herein by reference and are contained in land-use file CPA 2007-00002. NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Comprehensive Plan is amended to include new text and to rescind existing text as shown in EXHIBIT A; and SECTION 2: Revisions to EXHIBIT A, as made at the public hearing and as memorialized in EXHIBIT B, are incorporated by reference; and SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. ORDINANCE No. 07-10 Page 1 0 PASSED: By be/net-77-1/46044--- vote of all Council members present after being read by number and tide only, this fiti"day of be-a441-e-e/L-/, 2007. i Carol A. Krager, Deputy City Recorder APPROVED: By Tigard City Council this h/1.‘-day of /, ....</ i1P/L— , 2007. C : 1 irksen, Mayor A roved as to form: \L(...A___L„... rj City Attorney Certified to be a True Copy of Original on File By: Deputy Recorder- City of Tigard Date: 1&e- 7 2oQ 7 ORDINANCE No. 07-,10 Page 2 Exhibit A .u, �o- s . _ r �•�,� _ may,; � ^a;`r� "f°'�`�_ z-::�3 �'? ;r,:� `- ,Yt Hazards `Protecting people and propero from natural and man-made hazards. • HAZARDS (To atural features provide a community with valuable resources but,under certain conditions, these resources may also present a hazard. For example,rivers and creeks are important for storm water conveyance, wildlife habitat,and water quality. However,these resources can quickly threaten property and people unless careful planning has documented flooding risk and adequate precautions are taken.The City's commitment to protect people and property from hazards is based on Oregon Statewide Planning Goal 7. Goal 7 lists six hazard categories to be addressed by comprehensive plans. Four of these apply to the City of Tigard:wildfire,landslides, flooding, and earthquakes. In addition, the City is also vulnerable to harm from severe weather and man- made hazards. GOAL7: "To protect people and property from natural hazards." Tigard's citizens value a safe community where natural resources are protected and there is minimal danger from both natural and man-made hazards.Tigard residents value the importance of natural systems in protecting the community from hazards,and additionally recognize that although landslides, earthquakes,wildfires and floods occur naturally, the effects of these events "Hazards are often made worse by human activities. can have a Hazards can have a significant negative impact ° on a community's quality of life. It is important significant for the Comprehensive Plan to provide policy negative direction on how the City will manage hazardous conditions and events. Land use planning,devel- impact on a opment regulation and emergency management play key roles in assessing and reducing the risk to community's people and property from hazards. It is important for local governments to have an understanding quality of of underlying natural conditions and past event life." history to develop hazard mitigation and preven- tion programs. EARTHQUAKES Because hazards, such as earthquake faults and floodplains,extend across Comprehensive Plan I City of Tigard 7-1 • 40 HAZARDS jurisdictional boundaries,it is essential to coordinate planning and emergency response services regionwide and with the state and federal governments. For example, due to the scale and complexity of earthquakes,Tigard coordinates with the Oregon Department of Geology and Mineral Industries (DOGAMI). In addition to DOGAMI,Tigard coordinates with Metro,Washington County, and other jurisdictions to mitigate the risk associated with an earthquake. To minimize loss of life and property from earthquakes, the City requires all new commercial,industrial,and multifamily structures to conform to Oregon Structural Specialty Code requirements,while single-family construction must conform to the Oregon One and Two Dwelling Specialty Code for seismic category D1. WILDFIRE In Tigard,wildfire is characterized by the Urban Interface Zone,or the urban- rural fringe where homes and other structures are built onto a densely forested or natural landscape. The Oregon Department "In Tigard of Forestry implements the Oregon Forestland- ' i Urban Interface Fire Program,which is expected wildfire is to be fully implemented by 2011,in order to protect interface communities in Oregon from characterized wildfire. The City of Tigard works with Tualatin by the Urban Valley Fire and Rescue (TVF&R) to mitigate the effects of wildfire. TVF&R is responsible for Interface all fire prevention and education,and has the opportunity to comment on all development Zone." applications.TVF&R also maps the urban inter- ` face zone in Tigard. The Oregon Department of Environmental Quality(DEQ) controls both backyard and agricultural burning in Oregon;however,Tigard is within the DEQ permanent burn-ban area in an effort to reduce the risk of wildfire as a result of backyard burning. LANDSLIDES People and property are best protected from landslide when building struc- tures and roads are not built within areas prone to mass movement.Although landslides are a natural geologic process, the incidence of landslides and their impacts on people can be exacerbated by human activities. Such human activities include grading for road construction and development,excavation, 7-2 City of Tigard I Comprehensive Plan HAZARDS CIO drainage and groundwater alterations,and changes in vegetation.The City uses steep slopes to define sensitive lands in the Community Development Code and has special requirements for development in these areas. When LIDAR infor- mation is available the City will evaluate the effectiveness of this approach to identifying landslide hazards and limiting their impact on the community.Also, by retaining vegetation and natural drainageways in these areas, the City can work to identifying landslide hazards and limiting their impact on the commu- nity. The effects of landslides arc often more widespread than the physical area they inhabit,as landslides can affect utility services, transportation systems,and critical lifelines. FLOODING Floods are influenced by a number of factors,including the amount and inten- sity of precipitation,geography and geology,and development activity.The City of Tigard cannot control precipitation or the community's soil type but can control develop- "Floods merit activity which contributes to, and is affected by, flooding. The City coordinates with several can have a agencies to mitigate the risk of flooding. The FEMA designated floodplain is used to administer devastating the national flood insurance program (NFIP). The floodplain serves as the FEMA flood hazard impact on regulatory area. Within this area,development almost every activities are regulated to minimize impacts on floodwater flows and storage areas to reduce aspect of the impacts from flood events. Oregon state law regu- J lates development within the 100-year floodplain community. and Tigard complies through adoption of Metro's Urban Growth Management Functional Plan, Title 3. The Sensitive Lands chapter of the Tigard Community Development Code implements Title 3 through the Clean Water Services'Design and Construction Standards. Floods can have a devastating impact on almost every aspect of the community, including private property damage,public infrastructure damage,and economic loss from business interruption. The City has been proactive in mitigating flood hazards by purchasing floodplain property.These areas,if left undisturbed, can act to store excess floodwater. The Oregon Division of State Lands (DSL), jointly with the U.S.Army Corps of Engineers,requires a permit for develop- Comprehensive Plan I City of Tigard 7-3 4. • Clir? HAZARDS ment within the waters of the United States.Any disturbance to a water body and its associated floodplain is covered through this process. OTHER HAZARDS Tigard is also at risk of non-natural or man-made hazards.Although state- wide planning goal 7 addresses natural hazards, other hazards are included in this chapter as the "Tigard is community is concerned about protection from also at risk of non-natural hazards as well as natural hazards. Other hazards addressed by this section may non-natural include mass casualty transportation accidents, hazardous material releases, severe storms, or man-made terrorism, epidemics, and infestation. Tigard hazards." coordinates planning for non-natural hazardous occurrences with other jurisdictions and agencies _ , - from around the state. KEY FINDINGS • The Cascadia Subduction Zone could potentially cause a 9+ magnitude earthquake, affecting Tigard. • Tigard is subject to more frequent shallow earthquakes (crustal fault earthquakes).These events typically do not exceed magnitude 4,but could go up to magnitude 7. • According to DOGAMI's relative earthquake hazard data, fifty-eight percent of the City is subject to the greatest earthquake hazard level,with an additional 21% falling into the next hazard level. These areas include developed residential and commercial areas, as well as the Washington Square Regional Center. • Wood-frame homes tend to withstand earthquakes better than unreinforced brick buildings. • The City of Tigard requires all new commercial,industrial,and multifamily structures to conform to Oregon Structural Specialty Code requirements, while single-family construction must conform to the Oregon One and Two Family Dwelling Specialty Code for Seismic Category Dl. • The increasing number of homes being built in the urban interface zone is increasing the threat of wildfire in Tigard. More than 30% of all land in Tigard is vulnerable to wildfire. 7-4 • City of Tigard I Comprehensive Plan • • • HAZARDS ale • Tigard is within the Oregon Department of Environmental Quality's permanent burn ban area,so backyard burning is not allowed anywhere within Tigard. • The most common type of landslide in Washington County is caused by erosion. "Floods are • Landslides within Tigard have historically not caused major property damage. However in Tigard's other parts of the Portland metropolitan region the,'have caused considerable damage. most • It is estimated about 3%of the City's land, or 286 acres,is vulnerable to landslides. frequently • - Human activities such as deforestation, stream occurring alteration,and urban development within the Tualatin basin have significantly altered the natural hydrology of the watershed. This has resulted in increased water runoff and greater potential disaster.33 for flooding. • Floods are Tigard's most frequently occurring natural disaster. • The 100-year floodplain includes six streams and 7.9%of all land area in Tigard. • As of June 2006,Tigard owns 34% of the 100-year floodplain. • Tigard residents are concerned about the effects of all other hazards on the community. GOAL 7.1 Protect people and property from flood,landslide, earthquake,wildfire, and severe weather hazards. POLICIES 1. The City shall not allow development in areas having the following development limitations except where the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development: A. areas having a severe soil erosion potential; • Comprehensive Plan I City of Tigard 7-5 • • • HAZARDS • B. areas subject to slumping, earth slides,or movement; C. areas having slopes in excess of 25%; or D. areas having severe weak foundation soils. 2. The City shall favor the use of non-structural approaches to hazard mitigation. 3. The City shall coordinate land use and public facility planning with public safety providers (law enforcement, fire safety,and emergency service providers) to ensure their capability to respond to hazard events. 4. The City shall design and construct public facilities to withstand hazardous events with a priority on hazard protection of public services and facilities that are needed to provide emergency response services. 5. The City shall apply and enforce the most current building code standards to protect the built environment from natural disasters and other hazards. 6. The City shall enforce standards requiring the creation and maintenance of defensible space around habitable structures located in wildfire hazard areas. 7. The City shall comply with the Federal Emergency Management Agency (FEMA) flood regulations,which include standards for base flood levels, flood proofing,and minimum finished floor elevations. 8. The City shall prohibit any land form alterations or developments in the 100-year floodplain which would result in any rise in elevation of the 100-year floodplain. 9. The City shall not allow land form alterations or development within the 100-year floodplain outside the zero-foot rise floodway unless: A. The streamflow capacity of the zero-foot rise floodway is main- tained; and B. Engineered drawings and/or documentation shows there will be no detrimental upstream or downstream effects in the floodplain area. 10. The City shall work with Clean Water Services to protect natural drainageways and wetlands as valuable water retention areas and,where 7-6 City of Tigard Comprehensive Plan HAZARDS ar? possible, find ways to restore and enhance these areas. 11. The City shall comply with Metro Title 3 Functional Plan requirements for balanced fill and removal in the floodplain. • 12. The City shall encourage pervious, "The City shall and minimize impervious,surfaces to work to reduce reduce storm water runoff. • the risk of loss of 13. The City shall retain and restore _ existing vegetation with non-invasive life and damage species in areas with landslide to property from potential to the greatest extent severe weather possible. 14. The City shall work to reduce the risk events." of loss of life and damage to property from severe weather events. RECOMMENDED ACTION MEASURES i. Place land acquisition priorities on high hazard areas to be used for recreation or open space purposes. ii. Update and maintain accurate information regarding natural hazard risks and past events. iii. Publicize and maintain maps of high hazard areas. iv. Address planning for the protection of public facilities and services from hazards in the Tigard Public Facilities Plan and Community Investment Plan. v Retrofit existing public facilities and services to contemporary standards. to better withstand natural disasters and hazardous occurrences. vi. Recognize some existing buildings have not been built to contemporary building code standards and seek ways to encourage their retrofit to modern codes. vii. Design and Implement a natural hazards home inspection program. Comprehensive Plan I City of Tigard 7-7 I CIO HAZARDS viii.Update and maintain a list of essential and critical facilities to be used in hazards planning. ix. Work with Tualatin Valley Fire and Rescue Community Safety Program to provide information and education about urban interface wildfire to Tigard citizens. x. Adopt the Tualatin Valley Fire and Rescue Wildfire Hazard Map and implement the Wildfire Hazard Mitigation section of the Oregon Residential Specialty Code. xi. Provide information and access to resources for property owners who wish to assess the ability of their buildings to withstand natural hazards. xii. Continue to maintain eligibility for the National Flood Insurance Program. xiii.Research and implement standards to ensure only appropriate land uses are allowed in high hazard areas. xiv. Complete the Tigard Natural Hazards Addendum to the Washington County Natural Hazards Mitigation Plan and include risk assessments and mitigation action items. GOAL 7.2 Protect people and property from non-natural hazardous occurrences. POLICIES 1. The City shall design,construct, and coordinate the surface transportation system to reduce the potential for mass casualty accidents and to provide the ability to evacuate when necessary. 2. The City shall encourage communication and coordination among a wide variety of agencies to respond to technological and man-made disasters. 7-8 City of Tigard I Comprehensive Plan , HAZARDS CIO RECOMMENDED ACTION MEASURES i. Keep a current inventory of locations where hazardous materials might pose a danger to the public,including storage and transportation areas. ii. Update and maintain the Tigard Emergency Operations Plan to ensure essential governance and public safety services are available during a disaster. iii. Continue to work with the Washington County Office of Emergency Management to: A. coordinate emergency preparedness education for Tigard residents; B. provide ongoing responder training and exercises; C. coordinate regionwide hazards response; and D. provide hazards information and resources countywide. iv. Continue to implement the Community Emergency Response Team (CERT) Program for community members and City staff. v Encourage projects that enhance medical treatment capabilities and capacity. • Comprehensive Plan I City of Tigard 7-9 110 3. NATURAL FEATURES AND OPEN SPACE This chapter addresses a broad range of topics all having to do with the natural resources located within the Tigard Urban Planning Area. This chapter reflects the concerns expressed in several of the Statewide Planning Goals including: Goal #3 - Agricultural Lands; Goal #4 - Forest Land; Goal #5 - Open Spaces; Scenic and Historic Areas and Natural Resources; —e- Hazardc; and Goal#8-Recreational Needs. The natural environments within the planning area offer many opportunities for a unique and healthy urban development. Those environments, when viewed as a series of systems rather than isolated features, will provide Tigard with those elements necessary for a healthy place in which to live, work and play. Floodplain greenways, for example, can provide the community with an excellent system of open space links between neighborhoods and services, in addition to providing a relatively inexpensive system for storm water runoff. It is to the community's benefit that consideration be given to both the opportunities and the limitations of the various environments within the planning area. The natural environments included within the planning area all have their own respective limitations with regard to urbanization. Development pressure upon lands with such limitations can have profound effects on the environment. Erosion of steep slopes caused by inappropriate development, for instance, does not occur as an isolated incident. Soil type, permeability, vegetation and drainage all play major roles in and are effected by development. Likewise, the effects of inappropriate development located within the floodplain areas could have adverse effects on properties both up and down stream from the development site. The social, cultural and economic values of such resource lands could be reduced by the effects of urban development nearby. The limitations of the various environments should be considered in reviewing new development within the planning area. The recognition of the natural environment in the planning area and the development of findings and policies which address the characteristics of the environment are extremely important elements in the Comprehensive Plan. The purpose of this chapter is to define the parameters of the various natural environments in the planning area and to identify the limitations and opportunities inherent in those environments. Additional information on this topic is available in the "Comprehensive Plan Report: Natural Features and Open Spaces." 3.1 - - - • • e‘ -, • - - ._ -!_ . • ! WETLANDS s . • - - CPA 2007-00002 Vol. II, Policy 3-1 Exhibit A City of Tigard 7-10 • • POLICY 3.1.1 THE CITY SHALL NOT ALLOW DEVELOPMENT IN AREAS HAVING THE FOLLOWING DEVELOPMENT LIMITATIONS EXCEPT WHERE - • _ --e - _ A _ _- AND PROVEN THE DEVELOPER DEMONSTRATES THAT GENERALLY ACCEPTED ENGINEERING TECHNIQUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED DEVELOPMENT. (NOTE: THIS POLICY DOES NOT APPLY TO LANDS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP.): a. AREAS MEETING THE DEFINITION OF WETLANDS UNDER CHAPTER 18.26 OF THE COMMUNITY DEVELOPMENT CODE; b. AREAS HAVING A SEVERE SOIL EROSION POTENTIAL; c. AREAS SUBJECT TO SLUMPING, EARTH SLIDES OR MOVEMENT; d. AREAS HAVING SLOPES IN EXCESS OF 25%; OR e. AREAS HAVING SEVERE WEAK FOUNDATION SOILS. (Rev. Ord. 85-13; Ord. 84-36) 3.2 FLOODPLAINS €ladi ngs CPA 2007-00002 Vol. II, Policy 3-1 Exhibit A City of Tigard 7-11 • 2. Minimize the runeff erosion impact of development on the surrounding area and downstream properties=and •• - °0-- .. •- - - , - - --- --- - - - - -- - - - -- - - ---- -•rate ••e.: - II - --- - ' ' .. - -- -- • - -- -- • - -are-taken,• -- - - - '= - a..-. ...• -- -- - • e =- - POLICIES 32.1 THE CITY SHALL PROHIBIT ANY LAND FROM ALTERATIONS OR DEVELOPMENTS IN THE • _ e..•_ - • e . . . at 100 YEAR FLOODPLAIN. 3.2.2 THE CITY SHALL: a. PROHIBIT LAND FORM ALTERATIONS AND DEVELOPMENT IN THE FLOODWAY*, EXCEPT ALTERATIONS MAY BE ALLOWED WHICH PRESERVE OR ENHANCE THE .. • • . ,, . • • • • _ e - •. .. _ as. • • *; . . . b. ALLOW LAND FORM ALTERATIONS OR DEVELOPMENT 4N THE FLOODPLAIN* OUTSIDE THE ZERO FOOT RISE FLOODWAY* WHICH PRESERVE OR ENHANCE THE FUNCTION OF THE ZERO FOOT RISE FLOODWAY*PROVIDED: CPA 2007-00002 Vol. II, Policy 3-1 Exhibit A City of Tigard 7-12 SATISFIED; OR WITH COMMUNITY REGREATION USES, UTILITIES, OR PUBLIC SUPPORT FACILITIES AS DEFINED IN CHAPTER 18.12 OF THE COMMUNITY BE SATISFIED. 3.2.3 WHERE LAND FORM ALTERATIONS AND DEVELOPMENT ARE ALLOWED WITHIN THE 100 YEAR FLOODPLAIN* OUTSIDE THE ZERO F-00T RISE FLOODWAY*, THE CITY SHALL REQUIRE: a. THE STREAMFLOW -CAPACITY OF THE ZERO FOOT RISE FLOODWAY* BE MAINTAINED; b. ENGINEERED DRAWINGS AND/OR DOCUMENTATION SHOWING THAT THERE WILL BE NO DETRIMENTAL UPSTREAM OR DOWNSTREAM EFFECTS IN THE FLOODPLAIN* AREA, AND THAT THE CRITERIA SET FORTH IN THE SENSITIVE LANDS SECTION OF THE CODE HAVE BEEN MET(Soo FIS September 1981); LAND ABUTTING RESIDENTIAL LAND WHICH ADEQUATELY SCREENS THE DEVELOPMENT FROM VIEW BY THE ADJOINING RESIDENTIAL LAND, AND WHICH d. THE CONSIDERATION OF DEDICATION OF OPEN LAND AREA FOR GREENWAY ADJOINING THE FLOODPLAIN* INCLUDING PORTIONS AT A SUITABLE ELEVATION FOR THE CONSTRUCTION OF A PEDESTRIAN/BICYCLE PATHWAY WITHIN THE FLOODPLAIN* IN ACCORDANCE WITH THE ADOPTED PEDESTRIAN BICYCLE PATHWAY PLAN. 3.2.4 THE CITY SHALL PROHIBIT DEVELOPMENT WITHIN AREAS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP. NO DEVELOPMENT SHALL OCCUR ON PROPERTY ADJACENT TO AREAS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP WITHIN TWENTY FIVE (25)'FEET OF THE DESIGNATED WETLANDS AREA. DEVELOPMENT ON PROPERTY ADJACENT TO SIGNIFICANT WETLANDS SHALL BE ALLOWED UNDER THE PLANNED DEVELOPMENT SECTION OF THE CODE. 3.2.5 THE -CITY SHALL REQUIRE THE CONSIDERATION OF DEDICATION OF ALL UNDEVELOPED LAND WITHIN THE 100 YEAR FLOODPLAIN PLUS SUFFICIENT OPEN LAND FOR GREENWAY PURPOSES SPECIFICALLY IDENTIFIED FOR RECREATION WITHIN THE PLAN. -t tete* •. (Rev. Ord. 05-01; Ord. 98-19; Ord. 90-22; Ord. 85-13; Ord. 84-36) 3.3 NATURAL RESOURCES Findings • Currently, there are extensive rock and gravel extraction areas located to the north and west of Tigard's planning area within Beaverton and Washington County. (Rev. Ord. 01-07) • There is one active mineral or aggregate resource within the Tigard Planning Area, known as the Durham Pits,which is operated by Washington County. CPA 2007-00002 Vol. II, Policy 3-1 Exhibit A City of Tigard 7-13 • EXHIBIT "B" • • MEMORANDUM T I GARD TO: Mayor Craig Dirksen and Members of City Council FROM: Darren Wyss, Associate Planner RE: Council Hearing- CPA2007-00002 DATE: December 5, 2007 At the December 4,2007 City Council meeting, CPA2007-00002 was adopted with revisions that are memorialized below. Key Findings shall read: Floods are Oregerr's Tigard's most frequently occurring natural disaster. Goal 7.1 Policy 12 shall read: The City shall encourage pervious and minimize impervious surfaces to reduce stormwater runoff. ORDINANCE NO.07-20 1 EXHIBIT B CPA2007-00002 • • • 41 • ° - MEMORANDUM T I GARD TO: Mayor Craig Dirkson and Members of City Council FROM: Marissa Daniels, Assistant Planner RE: Council Hearing- CPA2007-00002 DATE: November 16, 2007 INTRODUCTION At the December 4, 2007 City Council meeting, a public hearing will be held for CPA2007- 00002. The amendment updates the goals, policies, and recommended action measures for the Hazards (Statewide Planning Goal 7) chapter for the updated Comprehensive Plan (see Exhibit A). Current language that is to be deleted is found with a The proposed amendment language was approved and recommended by the Planning Commission at a September 17, 2007 public hearing. BACKGROUND/DISCUSSION Council Worksession Summary The Tigard City Council reviewed the amendment at an October 16,2007 meeting and made several requests of staff for more information before bringing the language back for the public hearing. 1. How does Goal 2 incorporate previous TOPOFF (Top Officials Emergency Exercise, required by the Department of Homeland Security) after events summaries? The goal does not directly address TOPOFF reports, but does contain a Policy to encourage communication and coordination among agencies and Recommended Action Measures to coordinate preparedness education for residents, provide ongoing training and exercises, coordinate region wide response, and provide information and resources countywide. 1:\ADM\Packet'07\071204\12-4-07 Attachment 1 CPA2007-00002CC_heacingMemo.doc 1 } Additionally, the Public Facilities and Services chapter contains a Policy to plan for and provide resources to respond to emergencies, collaborate in emergency response, participate in preparedness exercises, and maintain an updated Emergency Operations Plan. The Tigard Emergency Operations Plan, along with any Plans developed by the Office of Consolidated Emergency Management, would be the most appropriate venue for detailed information on improvements that could be made to our emergency response protocols. The proposed Comprehensive Plan Policies and Recommended Action Measures provide the general direction for this to take place. However, enhancing the Recommended Action Measures to include incorporating information learned from preparedness exercises into the appropriate emergency response plans would also be appropriate. 2. More information/detail on Federal Emergency Management Agency (FEMA) process to update Flood Insurance Rate Maps (FIRM). Clean Water Services contracted with Pacific Water Resources to update portions of some floodplains in Washington County. It was funded by an $800,000 grant from FEMA. The floodplain modeling took place in 2001-2002 and is just now making it to the public review period. For Tigard, the Fanno Creek floodplain was updated after the 1996 floods and adopted in February 2005, so nothing should have changed in the latest study outside of FEMA issued Letters of Map Amendments or Letters of Map Revisions. FEMA will send a letter to the City, tentatively the end of November 2007, and this will commence a 90-day appeal period where the City or citizens can appeal or protest the maps. An appeal involves scientific evidence that the included base flood elevations are incorrect, while a protest is to change street names, city boundaries, etc. Once all appeals have been addressed, FEMA will initiate final preparation of the maps and report and they will become effective approximately six months later. The City will need to modify existing ordinances to reflect the new effective date. 1:\ADM\Packet'07\0712(4\12-4-07 Attachment 1 CPA2007-00002CC_hearingMemo.doc 2 • 3. Where are there areas of localized flooding? A. If the flooding is happening within an identified floodplain, there are rules in place to address the situation. The same is true for flooding occurring within "waters of the state," which includes non-significant wetlands and smaller streams that do not have mapped floodplains. Property owners can apply with the state for cut and fill permits to address the issues. B. If the flooding is being caused by stormwater runoff, this is addressed in the Goal 11: Public Facilities and Services chapter. This usually occurs because of inadequate capacity for the runoff or obstructed catch basins. Policies are included that require new development to follow adopted standards (CWS Design and Construction Standards) and continued collaboration with CWS in the planning and maintenance of the system. The chapter also contains Recommended Action Measures to identify and map problematic stormwater drainage areas and to identify and pursue funding strategies to address these areas. Staff did not make any changes to the document of the requirement to hold the public hearing on the proposal as recommended by the Planning Commission. However, if Council wishes to formally direct that these changes be made, the process is as follows: 1. The City Council must hold its public hearing on the recommendations made to it by the Planning Commission; 2. Any changes that Council wishes to make to the proposal must be done in the public hearing; 3. This is necessary for those who have interest in these matters to testify on the record. Summary of Planning Commission Changes at its Public Hearing To help the Council in their decision-making process, following is an overview of the general discussion by the Planning Commission on the draft chapter and the major principles included in the recommended language: Hazards Chapter (Statewide Planning Goal 7) The Planning Commission made the following revisions at the Public Hearing held on September 17, 2007: I:\ADM\Packet'07\071204\12-4-07 Attachment 1 CPA2007-00002CC_heatingMemo.doc 3 S • a 1. Goal 1, Policy 1, would read: 1. The City shall not allow development in areas having the following development limitations except where • . - : - : .. - .- : - : 6 ; - ; ; . - - the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development: A. Areas having a severe soil erosion potential; B. Areas subject to slumping, earth slides, or movement; C. Areas having slopes in excess of 25%; or D. Areas having severe weak foundation soils. 2. Goal 1, Policy 2 would read: 2. The City shall promote favor the use of non-structural approaches to hazard mitigation. 3. In order to keep the updated policies in line with the portions of Chapter 3 which have yet to be updated, the Planning Commission recommended amending Policy 3.1.1 of the current Comprehensive Plan (Attachment C) to read: 3.1.1 The City shall not allow development in areas having the following development limitations except where it can be shown that established and proven the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development. The rest (A) would be the same (B, C, D, and E will be stricken and replaced with Goal 1, Policy 1 in the updated Comp Plan). The Natural Resources Policy Interest Team will revisit this policy as they look specifically at wetlands. In response to the public testimony, the Planning Commission briefly discussed amending the 100-year floodplain definition. Currently the City relies upon FEMA and the US Army Corps of Engineers to map the 100-year floodplain. It was brought to the attention of the Planning Commission that currently some of Tigard's small perennial streams are not included in the FEMA 100-year floodplain maps. This issue is part of the reason Commissioner Vermilyea voted against the motion, and Commissioner Caffall abstained from voting on the motion to recommend approval by City Council of the staff report for CPA 2007-00002 (Hazards). It is the opinion of staff that this issue is best represented as a map change and not a definition change. There is a FEMA process to delineate specific wetlands and amend the 100-year floodplain map; however, Clean Water Services just submitted 100-year floodplain updates to FEMA in March of 2006. Staff recommends deferring to the expertise of Clean Water Services in delineating the 100-year floodplain boundary. The major principles included in this chapter revolve around the four state identified I:\ADM\Packet'07\071204\12-4-1)7 Attachment 1 CPA2007-00002CC hearingMerno.doc 4 • • hazards, which apply to Tigard: earthquakes, landslides, floods, and wildfire. The citizens also realized the importance of including hazards which are not called out in Statewide Planning Goal 7, for example, severe weather events and man-made hazards. The major principles included in the goals, policies, and action measures are: • Continue collaborating at a regional level to address both natural and man-made hazards; • Implement practices that reduce the risk of natural hazards; • Place the burden of proof on the developer to show that generally accepted engineering techniques related to a specific site plan will make the area suitable for proposed development; • Continue to regulate development in floodplains according to the FEMA 100-year floodplain; • Encourage the use of non-structural approaches to hazard mitigation; and • Develop and maintain regulations to protect people and property from man-made and natural hazards. These principles set a policy direction for the City to move toward the community vision of a future where the character and livability of Tigard is enhanced by the quality of the surrounding environment. Furthermore, it is recognized that expected population growth in the region will require further effort and innovation to protect environmental quality. 1:\ADM\Packet'07\071204\12-4-07 Attachment 1 CPA2007-00002CC_hearingMemo.doc 5 • i Exhibit D .IIIIII - . . IN MEMORANDUM T I GA RD TO: Mayor Craig Dirkson and Members of City Council FROM: Marissa Daniels, Assistant Planner RE: Council Workshop - CPA2007-00002 DA'Z'E: Ocober 1, 2007 At the October 16th City Council meeting, staff will present the proposed goals, policies, and recommended action.measures (see the end of this memo for definitions and obligations) for the Hazards (Statewide Planning Goal 7) chapter of the updated Comprehensive Plan. The proposed language was approved and recommended by the Planning Commission at the September 17th public hearing. Staff will discuss the proposed language, answer questions, and provide any requested information that will help assist Council in making its decision at the November 27th public hearing. Throughout the process of working with citizens, City departments, and the Planning Commission, staff has stressed that proposed Comprehensive Plan language must be capable of being implemented and in the interest of the whole community. Staff has worked closely with citizen stakeholders to explain the implications of certain policy recommendations. Most of the time, the process has achieved a consensus outcome. In staff's role as facilitators, we presented the best professional advice possible to all involved. Sometimes this professional advice was contrary to the wishes of the citizens, but staff has not unilaterally changed or removed citizen recommendations. It is the role of the Planning Commission to recommend, and the City Council to determine, City policy. The general discussion by the Planning Commission on the Hazards chapter and the major principles included was as follows: Hazards Chapter (Statewide Planning Goal 7) The key principles included in this chapter revolve around the four state identified hazards, which apply to Tigard: earthquakes, landslides, floods, and wildfire. The citizens also realized the importance of including hazards which are not called out in Statewide Planning Goal 7, for example, severe weather events and man-made hazards. 1:\LRPLN\Council Materials\2007\12-4-07 Exhibit D CPA 2007-00002.doc 1 • I The Planning Commission engaged in a long and thoughtful deliberation on a few policies and recommended action measures. To clarify the language in both Policy 7.1.1 (Natural Hazards) and Policy 3.1.1 (Natural Features and Open Space), the Planning Commission recommended clarifying that the burden of proof is on the developer to show that generally accepted engineering techniques are able to make an area susceptible to hazards suitable for a proposed development. In Policy 7.1.2 the Planning Commission debated the words "promote" and "when appropriate" in reference to the use of non-structural approaches to hazard mitigation. The Planning Commission eventually reached a consensus to strengthen the Policy to read that the City will favor the use of non-structural approaches to hazard mitigation. "When appropriate" was originally added to the policy language in response to comment by the Oregon Department of Geology and Mineral Industries that non-structural approaches are not appropriate for all types of hazards. For example, earthquake hazards really require structural approaches to mitigation. In response to the public testimony, the Planning Commission briefly discussed amending the 100- year floodplain definition. Currently the City relies upon FEMA and the US Army Corps of Engineers to map the 100-year floodplain. It was brought to the attention of the Planning Commission that currently some of Tigard's small perennial streams are not included in the FEMA 100-year floodplain maps. This issue is part of the reason Commissioner Vermilyea voted against the motion, and Commissioner Caffall abstained from voting on the motion to recommend approval by City Council of the staff report for CPA 2007-00002 (Hazards). It is the opinion of staff that this issue is best represented as a map change and not a definition change. There is a FEMA process to delineate specific wetlands and amend the 100-year floodplain map; however, Clean Water Services just submitted 100-year floodplain updates to FEMA in March of 2006. Staff recommends deferring to the expertise of Clean Water Services in delineating the 100- year floodplain boundary. In summary, the following language changes were recommended by the Commission: 1. Goal 1,Policy 1,would read: 1. The City shall not allow development in areas having the following development limitations except wher- • . - . .- . -- . . : - . : ; • - the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development: A. Areas having a severe soil erosion potential; B. Areas subject to slumping, earth slides, or movement; C. Areas having slopes in excess of 25%; or D. Areas having severe weak foundation soils. 2. Goal 1,Policy 2 would read: 2. The City shall premete favor the use of non-structural approaches to hazard mitigation. 3. In order to keep the updated policies in line with the portions of Chapter 3 which have yet to be updated, the Planning Commission recommended amending Policy 3.1.1 of the current Comprehensive Plan (Attachment C) to read: 3.1.1 The City shall not allow development in areas having the following development limitations except where - . .- . • - : . : . - - the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the 1:\LRPLN\Council Materials\2007\12-4-07 Exhibit D CPA 2007-00002.doc 2 • r • area suitable for the proposed development The rest (A) would be the same (B, C, D, and E will be stricken and replaced with Goal 1, Policy 1 in the updated Comp Plan). The Natural Resources Policy Interest Team will revisit this policy as they look specifically at wetlands. Definitions and Obligations of Goals, Policies, and Recommended Action Measures Tigard Comprehensive Plan Comprehensive Plan goals, policies, and recommended action measures have different definitions and impart different obligations to decision makers. They also relate differently to one another. The following describes goals, policies, and recommended action measures in greater detail. Goals, policies, and recommended action measures identify the intent of the City to accomplish certain results. The goals and policies relate to one another and are obligations the City wishes to assume. Recommended action measures support the obligations to achieve a desired end, but do not signify an obligation themselves. Goal Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation -The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Policy Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position with regard to implementing goals; however, they are not the only actions the City can take to accomplish goals. Obligation - The City must follow relevant policy statements when amending the Comprehensive Plan, or developing other plans or ordinances which affect land use. To amend the Comprehensive Plan, the City must show consistency with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures Definition - A statement which outlines a specific City project or standard which, if executed,would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability, etc. The City should periodically review and prioritize recommended action measures based on current circumstances, community needs, and the City's goal and policy obligations. These statements are I:\LRPLN\Council Materials\2007\12-4-07 Exhibit D CPA 2007-00002.doc 3 • • • ' suggestions to future City decision-makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to, or amended, as conditions warrant. • ]:\LRPLN\Council Materials\2007\12-4-07 Exhibit D CPA 2007-00002.doc 4 • • Exhibit C CITY OF TIGARD PLANNING COMMISSION Meeting Minutes September 17, 2007 1. CALL TO ORDER President Inman called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman;Commissioners Anderson, Caffall,Doherty, Fishel, Hasman,Muldoon,and Vermilyea Commissioners Absent; Commissioner Walsh Staff Present: Ron Bunch,Long Range Planning Manager;Marissa Daniels,Assistant Planner; Jerree Lewis,Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS Commissioner Caffall reported that the CAC met with ODOT. Their final report is ready and they will go to City Council in October. Ron Bunch advised that the meeting with Council will be November 20th. Council will be asked to direct staff to amend the Transportation System Plan. This will allow the City to be in line for grants and other kinds of assistance to implement the Hwy. 99W Plan. 4. APPROVE MEETING MINUTES Motion by Commissioner Muldoon seconded by Commissioner Caffall to approve the August • 6,2007 meeting minutes as submitted. The motion was approved as follows: AYES: Anderson, Caffall,Doherty,Fishel,Hasman,Inman,Muldoon,Vermilyea NAYS: None ABSTENTIONS: None EXCUSED: Walsh Motion by Commissioner Muldoon seconded by Commissioner Hasman to approve the August 20, 2007 meeting minutes as submitted. The motion was approved as follows: AYES: Anderson, Caffall,Doherty,Fishel,Hasman,Inman,Muldoon,Vermilyea NAYS: None ABSTENTIONS: None PLANNING COMMISSION MEETING MINUTES-September 17,2007-Page 1 • •► EXCUSED: Walsh 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00002 Tigard Comprehensive Plan Update of Statewide Planning Goal 7: Natural Hazards REQUEST: Amendments to the current Comprehensive Plan Topic 3: Natural Features and Open Space by updating the goals,policies and recommended action measures to reflect current community conditions and values.The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_amendments. LOCATION: Citywide. ZONE: All City zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, 3 & 7; Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1, 2,7, 9 and 11. STAFF REPORT Assistant Planner Marissa Daniels presented the staff report on behalf of the City. She reported that Hazards (Goal 7) is the second Comprehensive Plan Amendment to update the current Comprehensive Plan. The Planning Commission held a workshop on August 20th to discuss the draft goals, policies, and recommended action measures that were formulated based on the input from the policy interest and department review teams. At the workshop, the Planning Commission requested subheadings be added to the introductory text. The following subheadings have been added to the text: Earthquake,Wildfire, Landslides, Flooding, and Other Hazards. The Planning Commission also recommended that"native plant species" be replaced with "non-invasive species" throughout the Comprehensive Plan. Goal 7.1 Policy #13 has been updated to reflect this change: 1. The City shall retain and restore existing vegetation with n dve-plant non-invasive species in areas with landslide potential to the greatest extent possible. Planning Commissioners recommended adding an action measure under Goal 7.1 to research and implement standards to prevent inappropriate land uses in high hazard areas. This action measure reads as follows: i. Research and implement standards to ensure only appropriate land uses are allowed in high hazard areas. Daniels advised that suggestions received from DOGAMI and CWS have been incorporated. In addition to changes in the text, Daniels forwarded 2 suggestions to the Policy Interest Team for the Public Safety Section (undergrounding of utilities and emergency notification of severe weather conditions and consequences). PLANNING COMMISSION MEETING MINUTES-September 17,2007-Page 2 • • • • Daniels advised that she received comments from resident John Frewing. His comments and staff responses ate shown in Exhibit A. • Daniels stated that staff finds the proposed changes comply with the applicable criteria and recommends the Planning Commission recommend approval of the amendment to the City Council. Staff was asked if there are any areas that are at risk, but outside of the 100-year floodplain at this time. Are there high-risk areas on another stream bed? Staff answered no. If it were determined later that there were areas that needed to be added, the City could go through the FEMA process for updating. PUBLIC TESTIMONY John Frewing, 7110 SW Lola Lane,Tigard 97223 testified that he would like to add substance to the words regarding hazards. His comment is the same comment that CWS provided to the City. He feels there isn't enough guidance for City staff or citizens as to what is meant by these various terms. Frewing said he was told by staff that vague terms are intended to trigger engineering site studies. It's his experience that such studies are either not done or are done with no standards at all. Perhaps we should detail what an engineering site study should be. With regard to his second comment (Exhibit A),he believes the words "promote non- structural approaches when appropriate" are words that say nothing. Tigard should be more clear on what they want to do about non-structural approaches. We could say we "prefer" non-structural approaches to avoiding hazards of floods, etc. With regard to the 100-year floodplain,Frewing testified that 80% of Tigard's perennial streams are not covered by the Corps of Engineers FEMA study that defines the 100-year floodplain level. He gave Ash Creek and Pinebrook Creek as examples. Staff advised that the City.has undertaken an analysis of flood hazard areas. The Tigard Resource Report shows Ash Creek, Fanno Creek,Summer Creek, Red Rock Creek, and the Tualatin River Basin in the floodplain. In order to apply FEMA regulations, flood areas have to be on the FEMA maps. Map revisions have to be part of a FEMA-approved process in order to be regulated. -The City participates in the National Flood Insurance Program. In order to participate in the program,we have to comply with all FEMA standards. The City has undertaken a drainage master plan that looks at water flows. We've also worked with the Army Corps of Engineers to update the maps. The most recent maps were updated in 2005. The City can ask FEMA to undertake additional studies or to undertake site-specific problems of areas of localized flooding. President Inman noted that it's a very PLANNING COMMISSION MEETING MINUTES-September 17,2007-Page 3 • S • extensive, expensive process to update FEMA maps. Also,if any of the floodplain maps touch your property, you're required to have additional flood insurance or you have to have an engineer certify that you are outside of the floodplain. When it comes to a property that's not FEMA-mapped,but does have a drainageway through it and is in the process of developing, there are many code standards that CWS addresses to look at the impact of the development. • PUBLIC HEARING CLOSED Staff confirmed that FEMA is the bare minimum that the City has to do in terms of regulating floodplain. The 100-year floodplain is the basis for the flood insurance program. The Natural Hazards section in the Comp Plan is where we acknowledge that we will comply with FEMA requirements. Statewide Planning Goal #7 obligates the City to comply with FEMA flood regulations. Commissioner Vermilyea believes it's redundant to put a policy in the Comp Plan when we're already obligated by State law to do it. Ron.Bunch said it's important in terms of overall applicability to the Federal Flood Insurance Program. It's an affirmation that we will comply with the law. President Inman disagreed. She believes in goal setting,but she's not sure this is something that needs a higher goal set. Is there a fundamental need to set a higher standard? Commissioner Muldoon noted that,typically, state & federal regulations are looking for demonstration of due diligence and intent to comply. Its absence poses a negative for the City. When we talk about redundancy,we're talking about eliminating evidence of willingness to comply. Ron Bunch advised that there is some leeway as to what extent jurisdictions have to comply with FEMA regulations. Some communities allow much more development in the floodplain than is possible in Tigard or other Metro communities. Tigard has adopted a strict standard in which there is 0' rise allowed in the floodway. Commissioner Muldoon asked about action measures for pre-positioning any kind of floodflow devices (e.g., sandbags or barriers). Staff said that sort of thing would be more appropriate in a hazard mitigation plan. Mitigation plans contain tactics to address this kind of thing. • To keep the language from being confusing and vague in both Policy 7.1.1(Natural Hazards) and Policy 3.1.1 (Natural Features and Open Space),the following change was suggested for both policies: "The City shall not allow development in areas having the following development limitations except where ' - . . = - • - = • - -- ; - - : : - - the developer demonstrates that generally accepted engineering techniques related to a • specific site plan will make the area suitable for the proposed development:..." PLANNING COMMISSION MEETING MINUTES-September 17,2007-Page 4 • • Discussion was held about the use of non-structural approaches to hazard mitigation. Staff said this could mean: • don't develop in floodplains,there is a 0' rise • less density on steep slopes; toads could be graded along the contours only in those areas that don't require extensive structural modification • in areas subject to wildfires, defensible space type techniques could be used • earthquakes would require a structural approach • Staff advised that with Policy #7.1.2,the onus would be on the City to utilize non-structural approaches to hazard mitigation. Some of the action measures would have to be incorporated into the Development Code. Currently,the Development Code is very structurally oriented. After further discussion,it was decided to change the language for Policy 7.1.2 to read: "The City shall promote favor the use of non-structural approaches to hazard mitigation when appropriate. Motion by Commissioner Doherty seconded by Commissioner Muldoon for a recommendation of approval by City Council of the staff report for CPA 2007-000.02 with the following changes: • Under Policy #1,it would read, "The City shall not allow development in areas having the following development limitations except where the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development." The rest (A,B ,C,D) would be the same. • Policy#2 would read, "The City shall favor the use of non-structural approaches to hazard mitigation." • Policy 3.1.1 would read, "The City shall not allow development in areas having the following development limitations except where the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development." The motion was approved as follows: AYES: Anderson,Doherty,Fishel,Hasman,Inman,Muldoon NAYS: Vermilyea ABSTENTIONS: Caffall EXCUSED: Walsh 6. OTHER BUSINESS None 7. ADJOURNMENT - PLANNING COMMISSION MEETING MINUTES—September 17,2007—Page • S The meeting was adjourned at 8:55 p.m. and then reopened to allow for clarification of the vote. Commissioner Vermilyea stated that he voted against the motion,not because of the amended language with respect to 7.1,but rather with the fact that we are putting in our Plan statements that we will comply with existing law that we already have obligations to comply with. There are 2 separate incidents in this proposal. He thinks it's bad policy to do that because it clogs up the statute and makes it unclear. He also believes we didn't do enough to address the issue of the 100-year floodplain. It should have been addressed in more detail. Commissioner Caffall advised that he abstained from voting on the motion primarily because of the 100-year floodplain issue and that we did not address the secondary stream issues. He's also a little confused on where the overall language is going to end up. The meeting adjourned at 9:03 p.m. Jerree Le is,Planning Co *ssion Secretary cJ" ✓ ATTEST: President Jodie Inman • • PLANNING COMMISSION MEETING MINUTES—September 17,2007—Page 6 Matisse Daniels - Comments for Hazards on, Tigard Com Plan Page 11 • From: "John Frewing"<jfrewing @teleport.com> To: "Marissa Daniels" <Marissa @tigard-or.gov> Date: 9/17/2007 3:10:21 PM Subject: Comments for Hazards Section, Tigard Comp Plan Marissa, Below are John Frewing comments on your draft Hazards_section of the new Tigard Comp Plan. The gist • of these comments is that we in Tigard can do better than proposed in your policies to prevent and manage hazards. Please give to the Planning Commission at the start of this evening's hearing. • 1 In at least several instances, the avoidance of definitions or the use of very narrow definitions reduce the effectiveness of policies. For example, reference to'established and proven engineering techniques'and reference to'severe soil erosion', 'subject to slumping, earthstides or movement','slopes in excess of 25%' and 'severe weak foundation soils' in draft Policy 1 of Goal 1 do not state a clear policy. The record • of developing this,policy give no guidance to staff or citizens on the degree of protection which the city • intends. In other discussion, findings and policies, (ie for other issues), reference is made to codes or texts which define important terms, but not for Policy 1. For example, the measurement of slopes in excess of 25%is a much debated item and exists with great precision in CWS materials. For example, should one measure from one edge of the property to another and see if 25% is exceeded? Should one use 2-foot, 10-foot or 50-foot segments to measure slope? Where should one start to measure slope? I urge the Planning Commission to direct staff to provide definitions of the operative terms in the policies proposed before Planning Commission approval. 2 The wording of Policy 2 of Goal 1 is'weak kneed' at best. Tigard should do more than 'promote' non- structural approaches to avoiding hazards,whatever 'promote' might mean. Tigard should identify, regulate and enforce the use of non-structural approaches. The use of the'when appropriate' term basically says nothing, giving no guidance to staff as to appropriate conditions for use of non-structural measures. This'when appropriate'term also allows dangerous developers to argue that a given situation is not'appropriate'. I urge the Planning Commission to direct staff to make Policy 2 meaningful. • 3 Policies 7, 8 and 9 of Goal 1 refer to a 100-year flood, a very important concept in avoiding hazards in any community. However, as used in these policies, it refers only to the locations defined as being subject to a 100-year flood in documents issued by FEMA. The 100-year flood exists on every stretch of every stream, whereas FEMA only maps the 100-year flood on Fenno Creek and the very lowest portions of tributaries. Tigard should eliminate hazards associated with floods by applying its setbacks, floodproofing and development limits to all portions of all streams and their associated 100-year flood levels and flows. I urge the Planning Commission to direct staff to clarify that reference to 100-year floods and streamflows apply to all portions of all streams. • 4 Policy 2 of Goal 2 should be strengthened. Certainly communication among agencies is a mandatory function of city government regarding things like pest infestations and communicable diseases. However, Tigard citizens deserve more than that. Other cities have workable regulations regarding standing water (west nile virus, mosquito breeding) and bird-transmitted diseases. I urge the Planning Commission to direct staff to research and draft policies that will ensure later staff development of regulations to manage such hazards. Page 1 ilarissa Daniels- Comments for Hazards sz• 'sari corn vian rd.W Thank you, John Frewing 7110 SW Lola Lane,Tigard, OR 97223 • Page 2 • • Staff Response to Comments submitted by John Frewing on September 17, 2007: 1. Suggested definitions: The degree of protection a. `established and proven engineering techniques' b. `severe soil erosion' c. `subject to slumping,earthslides, or movement' d. `slopes in excess of 25%' e. `severe weak foundation soils' Staff Response: Staff recommends against writing specific definitions for these terms. Policy 1 • reads almost identically to Policy 3.1.1 of the current Comprehensive Plan. Presently,definitions of these terms are not included in the Comprehensive Plan as the degree of protection is determined by an engineer's site-specific analysis. The bottom line is that established and proven engineering techniques can change over time, and the other definitions are best left to an engineering geologist. General definitions may be appropriate for a future code update,but are best left out of the Comprehensive Plan. . 2. Policy 2 of Goal 7.1: Suggested policy language Identify, regulate, and enforce the use of non-structural approaches to hazard mitigation. Staff Response: This policy was amended to reflect the comments of the Oregon Department of Geology and Mineral Industries (DOGAMI). While non-structural approaches to hazard mitigation are appropriate for protection against landslides and flooding, structural approaches to earthquake mitigation are more appropriate. For wildfire, both structural (i.e. roof composition) and non-structural (i.e. the creation and maintenance of defensible space) are important. Thus, this policy has been revised to read,"The City shall promote the use of non-structural approaches to hazard mitigation when appropriate." 3. Policies 7, 8, and 9: The definition of the 100-year floodplain Staff Response: Staff recommends against revising the definition of the 100-year floodplain to include all streams and areas that might be within their respective 100-year floodplains. It is the intent of this suggestion that Tigard should eliminate all hazards associated with floods. This is not possible.This suggestion was also brought up at the first Policy Interest Team meeting(PIT). Other members of the PIT discussed that the City could spend its entire budget on hazards mitigation and still be vulnerable to the unimaginable. FEMA and The Army Corps of Engineers are really the experts in this field. Furthermore, FEMA standards allow for study and designation of additional flood areas if done according to approved criteria and certified by the Corps. This would result in a map change, not a definition change. Page 3 • • 4. Policy 2 of goal 7.2: Research and draft policies to manage hazards such as pest infestations and communicable diseases. Staff Response: Again, this section of the Comprehensive Plan goes above and beyond Statewide Planning Goal 7.The number of possibilities for inclusion in this section is limitless. This policy is intended to be specifically about communication. The mitigation plan is a more appropriate place to include hazard specific risk assessments and mitigation action items. Staff recommends against revising this policy to include all possible scenarios. Page 4 • Exhibit B • Agenda Item: Hearing Date: September 17,2007 Time: 7:00 PM - TAFF<� _ _ RE _ — P a. F R.- - ip- -T - . 120 DAYS = N/A: SECTION I. APPLICATION SUMMARY FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE GOALS, POLICIES,AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS FILE NO.: Comprehensive Plan Amendment(CPA) CPA 2007-00002 PROPOSAL: The City is requesting approval of a Comprehensive Plan Amendment to amend the current Comprehensive Plan Topic 3: Natural Features and Open Space by updating the Goals, Policies, and Recommended Action Measures to reflect current community conditions and values. APPLICANT: City of Tigard OWNER: *N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: Citywide ZONING DESIGNATION: All City zoning districts COMP PLAN: All City comprehensive plan designations APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Topics 1, 2, and 3;Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1, 2, 7, 9, and 11. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Comrriission.finds;.this;rei uestto:,iiieet:tl e`necess ap roval }...PP. •criteria. Therefore; staff recommends APPROVAL to:the.Tigard:City.C_ai ricil to amend aI e Tigard Comprehensive Plan to revise Section 3:'1.:and-3-.2 of:Topic 3 as_:determined'tl rough ahe public.heanrig . process: STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNJNG GOAL 7:NATURAL HAZARDS PAGE 1 OF 14 • • SECTION III. BACKGROUND INFORMATION Project History The Tigard Comprehensive Plan is the primary document that guides land use decisions within the • community. It outlines goals, policies, and recommended action measures that are intended to reflect • the community's values and aspirations for a broad range of matters relating to land use planning and growth management. It also aims to organize and coordinate the relationships between people, land, • resources, and facilities to meet the current and future needs of Tigard. The Tigard Comprehensive Plan is required by State law and must conform to 12 of the 19 Oregon • Statewide Planning Goals. Land development and related activities, including the City's development codes, also must be consistent with adopted Comprehensive Plan goals and policies. It is now seven years beyond the year 2000 planning horizon of the City's 1983 Comprehensive Plan. Tigard has grown dramatically since 1983, from 18,379 residents. to 46,300 today. Jobs and business • activity have grown just as fast. Although minor updates have taken place over the years, the 1983 Plan, in many ways, does not reflect current and projected community conditions. For this reason, it is • necessary to undertake a thorough update. This is important to ensure the Plan remains a viable tool for decision-makers and citizens to use when seeking policy direction regarding land use and Tigard's future. For this reason, the Tigard City Council has made it a goal to update the Comprehensive Plan. • The first step in updating the Tigard Comprehensive Plan involved City staff developing a fact base to • inform the update. The result was the Tigard 2007 resource document completed in February 2007. Key findings from Tigard 2007, combined with community issues and values, form the basis for Plan goals, policies, and recommended action measures. Community issues and values were identified through the community's visioning process and a number of surveys completed over the last several years. The second step involved community volunteers and stakeholders coming together to develop draft goals, policies, and recommended action measures. These Policy Interest Teams have been meeting • over the past several months to discuss Comprehensive Plan topics in which they share an interest. City • Department Review Teams then review and provide comment on the work of the policy interest • teams. These final draft goals, policies, and recommended action measures are then forwarded to the Planning Commission to begin the legislative process:. Since each of the Policy Interest Teams are moving at their own pace, Staff will be bringing a series of Comprehensive Plan Amendments (CPA) through the legislative process over the next several months. Each CPA will correspond to a Statewide Planning Goal that is applicable to Tigard. The CPA will strike the appropriate language from the existing plan and replace the language with an updated chapter that addresses that particular Statewide Planning Goal. • Hazards (Goal 7) is the second Comprehensive Plan Amendment to update the current Comprehensive Plan. The Planning Commission held a workshop on August 20th to discuss the draft goals, policies, and recommended action measures that were formulated based on the input from the • policy interest and department review teams. At the Planning Commission workshop, the following changes were requested (also found in Exhibit A with deleted text as strikeouts and added text bold and underlined): • • The Planning Commission requested subheadings be added to the introductory text. The following subheadings have been added to the text: STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 2 OF 14 • • I • • Earthquake Wildfire Landslides Flooding Other Hazards The Planning Commission recommended that "native plant species" be replaced with "non-invasive species" throughout the Comprehensive Plan. Goal 7.1 policy 13 has been updated to reflect this change: 13. The City shall retain and restore existing vegetation with non-invasive species in areas with landslide potential to the greatest extent possible. Planning Commissioners recommended adding an action measure under Goal 7.1 to research and implement standards to prevent inappropriate land uses in high hazard areas. This action measure reads as follows: xi. Research and implement standards to ensure only appropriate land uses are allowed in high hazard areas. • • Proposal Description The primary intent of the proposed changes is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. This amendment is the second in a series of amendments that will update the Comprehensive Plan in its entirety. This amendment will update Statewide Planning Goal 7 with goals, policies, and recommended action measures that will serve as the "legislative foundation" in regards to natural hazards. Land use actions and amendments to the Tigard Development Code will be based on the new language included in this amendment. Below is an explanation of the terms that create the "legislative foundation": Goal Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation - The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Policy Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 3 OF 14 • Obligation - The City must follow relevant policy statements when amending the Comprehensive Plan, or developing other plans or ordinances which affect land use. To amend the Comprehensive Plan, the City must show consistency with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures • Definition - A statement which outlines a specific City project or standard, which if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in • implementing Comprehensive Plan goals and policies. • • Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability, etc. The City should periodically review and prioritize recommended action measures based on current circumstances, community needs and the City's goal and policy obligations. These statements are suggestions to future City decision- makers as ways to implement the goals and policies. The listing of • recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to or amended as conditions warrant. SECTION IV. SUMMARY OF REPORT • Applicable criteria,findings and conclusions • Tigard Community Development Code o Chapter 18.380 o Chapter 18.390 • Applicable Comprehensive Plan Policies o Topics 1, 2, and 3 • Applicable Metro Standards • o Title 3 and 13 • Statewide Planning Goals • o Goals 1, 2, 7, 9, and 11 • City department and outside agency comments • SECTION V. APPLICABLE CRITERIA AND FINDINGS • CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.380: Zoning Map and Text Amendments • Chapter 18.380.020 Legislative Amendments to the Title and Map A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.309.060G STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 4 OF 14 • • • . • Findings: The proposed amendments to the Tigard Comprehensive Plan would establish policies to be applied generally throughout the City of Tigard; and therefore, the application is being processed as a Type IV procedure, Legislative Amendment, as governed by Section 18.390.060G. • Chapter 18.390: Decision-Making Procedures • Chapter 18.390.020. Description of Decision-Making Procedures • • B.4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. Findings: The proposed amendments to the Tigard Comprehensive Plan will be reviewed under the Type IV procedure as detailed in Section 18.390.060.G. In accordance with this section, the amendments will initially be considered by the Planning Commission with City Council making the final decision. Chapter 18.390.060.G. Decision-making considerations. 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. • • • Findings: As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this criterion. CONCLUSION: Based on the analysis above, staff`finds that the proposed.amendments satisfy the applicable review criteria within the Tigard Community Development Code and recommends the Planning Commission forward these proposed amendments to the City Council with a recommendation for adoption. • CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: • A review of the comprehensive plan identified the following relevant policies for the proposed amendments: Topic 1: General Policies • Policy 1.1.1: The City shall ensure that: a. This comprehensive plan and all future legislative changes are consistent with the Statewide Planning Goals adopted by the Land Conservation and Development Commission, the Regional Plan adopted by the Metropolitan Service District; Findings: As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this criterion. Topic 2: Citizen Involvement Policy 2.1.1: The City shall maintain an ongoing citizen involvement program and:shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. Findings: The proposal has complied with all notification requirements pursuant to Chapter 18.390.060 of the Tigard Community Development Code. This staff report was also available seven days in STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 5 OF 14 • • . • advance of the hearing pursuant to Chapter 18.390.070.E.b of the Tigard Community Development Code. • Additionally, a Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed*by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement • opportunities available to the citizens during the process. . • Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, • personal emails sent to groups and organizations, updates to City boards and commissions, • presentations to high school students, and staff attendance at community events to pass out • information. • Involvement opportunities included two open houses, participation on a policy interest team, • • submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. • As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the August 30, 2007 issue of The Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also • included the address of the City's webpage where the entire draft of the text changes could be viewed. • Policy 2.1.2: The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. Findings: As outlined above, the community was given multiple venues to get information and get involved. This included a number of articles in the Cityscape newsletter that is delivered to every household in Tigard. Staff also made a good faith effort to ensure a diversity of citizens and • stakeholders were involved in the policy interest team meetings by not only soliciting volunteers, but by inviting organizations that share a common interest in that particular topic. • Policy 2.1.3: The City shall ensure that information on land use planning issues is available in an understandable form for all interested citizens. • Findings: Information regarding the topics included in this Comprehensive Plan Amendment was available in multiple locations in an understandable format for the duration of the process. This included paper and electronic copies that were available in the permit center and also.on the website. Information was regularly sent to the project listsery and to the community volunteers who participated • on the policy interest teams. Topic 3: Natural Features and Open Space • Policy 3.1.1: The City shall not allow development in areas having the following development limitations except where it can be shown.that established and proven engineering techniques • related to a specific site plan will make the area suitable for the proposed development. • (Note: This policy dies not apply to lands designated as significant wetlands on the floodplains and wetlands map.): STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 6 OF 14 • • a. Areas meeting the definition of wetlands under chapter 18.26 of the Community Development Code; • b. Areas having a severe soil erosion potential; • c. Areas subject to slumping, earth slides or movement; • d. Areas having slopes in excess of 25%; or e. Areas having severe weak foundation soils. • Findings: Policy 3.1.1 sections (b), (c), (d), and (e) will be replaced with Policy 1 under goal 7.1 in the updated Comprehensive Plan. However, Policy 3.1.1 section (a) deals with wetlands and is therefore not applicable to Goal 7. Section (a) of Policy 3.1.1 will remain in the current Comprehensive Plan until they are updated in the Natural Resources section. CONCLUSION: Based on the analysis above, staff fords that the proposed amendment satisfies the applicable policies contained in the City of Tigard Comprehensive Plan. • Policy 3.2.1: The City shall prohibit any land form alterations or developments in the 100-year floodplain which would result in any rise in elevation of the 100-year floodplain. Policy 3.2.2: The City shall: a. Prohibit land form alterations and development in the floodway* except alterations which preserve or enhance the function and maintenance of the zero-foot rise floodway*, and b. Allow land form alterations or development in the floodplain* outside the zero- foot rise floodway*which preserve or enhance the function of the zero-foot rise floodway* provided: 1. The land form alteration and/or development is in an area designated commercial or industrial on the Comprehensive Plan land use map, and factors set forth in policy 3.2.3 can be satisfied; or 2. The land form alteration and/or development is associated with community recreation uses, utilities, or public support facilities as defined in chapter 18.42 of the Community Development Code and the factors set forth in policy 3.2.3 can be satisfied. Policy 3.2.3: Where land form alterations and development are allowed within the 100-year floodplain* outside the zero-foot rise floodway*, the City shall require: a. The streamflow capacity of the zero-foot rise floodway* be maintained; b. Engineered drawings and/or documentation showing that there will be no detrimental upstream or downstream effects in the floodplain* area, and that the criteria set forth in the Sensitive Lands section of the code have been met (See FIS September 1981); c. A buffer, either existing or planted, on the commercial or industrial land • abutting residential land which adequately screens the development from view by the adjoining residential land, and which is of sufficient width to be noise attenuation; and d. The consideration of dedication of open land area for greenway adjoining the floodplain* including portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain* in accordance with the adopted pedestrian bicycle pathway plan. • • STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 7 OF 14 • • Policy 3.2.5: The City shall require the consideration of dedication of all undeveloped land within the 100-year floodplain plus sufficient open land for greenway purposes specifically identified for recreation within the plan. *The Floodplain and Floodway, as defined by the Flood Insurance Study for the City of Tigard dated effective February 18, 2005. Findings: Current Comprehensive Plan Policies 3.2.1, 3.2.2, 3.2.3, and 3.2.5 will be deleted and replaced in their entirety by proposed amendment Goal 7.1 and the associated policies (See Exhibit A). This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 7 as • the new goals and policies reflect current community conditions and values. The new goal and polices have been developed through a citizen involvement effort, reviewed by City staff, reviewed by affected agencies, and reviewed by the Planning Commission at an August 20, 2007 workshop. • CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable policies contained in the City of Tigard Comprehensive Plan. APPLICABLE METRO REGULATIONS: • Metro Urban Growth Management Functional Plan Title 3: Water Quality, Flood • Management, and Fish/Wildlife Habitat Conservation - protect beneficial uses and • functional values of water quality and flood management resources by limiting uses in these areas from development activities and protecting life and property from dangers associated • with flooding. Findings: In 2002, the City of Tigard adopted Comprehensive Plan and Code Amendments to comply with Title 3 of Metro's Urban Growth Management Functional Plan, which outlines water quality and flood management requirements for the region. The adopted standards were based on a unified program developed by local governments in the Tualatin Basin and implemented through the Clean Water Services District's (CWS) Design & Construction Standards, which provides for vegetated stream corridor buffers up to 200 feet wide and mandating restoration of corridors in marginal or degraded condition. In addition, Clean Water Services, local cities, Washington County, Metro, and Tualatin Hills Park and • Recreation District, partnered on a parallel effort to develop the CWS Healthy Streams Plan (HSP), an updated watershed plan designed to enhance the functions of the Tualatin Basin surface water system • and address the Clean Water Act and Endangered Species Act (ESA). • The proposed amendment, specifically Goal 7.1 and its associated policies (see Exhibit A), will continue to ensure compliance with Title 3 requirements and standards. The stated purpose of the Flood Management Performance standards is to reduce the risk of flooding,prevent or reduce the risk • of loss of life and property, and maintain functions and values of floodplains. Goal 7.1 reflects this purpose, and Policy 11 states explicitly that the City will comply with Metro Title 3 Functional Plan • requirements for balanced fill and removal in the floodplain. Also, Policies 7-12 under Goal 7.1 deal specifically with flood hazards. • Metro Urban Growth Management Functional Plan Title 13: Nature in Neighborhoods — conserve, protect, and restore a continuous ecologically viable streamside corridor system, from the streams' headwaters to their confluence with other streams and rivers, and with their STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 8 OF 14 • • flooplains in a manner that is integrated with upland wildlife habitat and with the surrounding urban landscape; and control and prevent water pollution for the protection of the public health and safety, and to maintain and improve water quality throughout the region. • Findings: The multi-jurisdictional approach undertaken by Tualatin Basin jurisdictions was used to develop a program to meet Statewide Goal 5 requirements for inventorying riparian areas and.wildlife habitat and to comply with Metro's Urban Growth Management Functional Plan Title 13 (the regional Nature in Neighborhoods program). The Tualatin Basin Fish and Wildlife Habitat Program was developed to complement Clean Water Services Design and Constructions Standards to protect the beneficial uses of water (including rivers, streams and creeks) within the Tualatin Basin. • The proposed amendment, specifically Goal 7.1 and its associated policies (see Exhibit A), will continue to ensure compliance with Title 13 requirements and standards. Policy 11 provides direction for the City to work with Clean Water Services to protect, restore, and enhance natural drainageways and wetlands. • • CONCLUSION: Based on the analysis above, staff fords that the proposed amendment satisfies the applicable Metro regulations. • THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197 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. Findings: This goal was met through an extensive public involvement process. A Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested. parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the August 30, 2007 issue of The Times (in accordance with Tigard Development Code Chapter 18.390). Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 9 OF 14 • • • • number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. Findings: The proposed amendment to the Tigard Comprehensive Plan is being processed as a Type IV procedure, which requires any applicable statewide planning goals, federal or state statutes or regulations, Metro regulations, comprehensive plan policies, and City's implementing ordinances, be addressed as part of the decision-making process. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. All applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. Statewide Planning Goal 7 —Areas Subject to Natural Hazards To protect people and property from natural hazards. • Findings: The proposed amendment is consistent with this goal as it provides policy direction that • • intends to protect both people and property from natural hazards. Current Comprehensive PIan Policies relating to Statewide Planning Goal 7 will be deleted and replaced in their entirety by proposed amendment Goal 7.1 and the associated policies and action measures (See Exhibit A). This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 7 as the new goals and policies reflect current community conditions and values. The new goal and polices have been developed through a citizen involvement effort, reviewed by City staff, reviewed by affected agencies, and reviewed by the Planning Commission at a August 20, 2007 workshop. Statewide Planning Goal 9— Economic Development • To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. • Findings: The proposed amendment is consistent with this goal as it provides policy direction that intends to protect Tigard's businesses from natural hazards. Hazards protection contributes to economic vitality by protecting current employers and employees from hazards. Statewide Planning Goal Il— Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Findings: The proposed amendment is consistent with this goal as it provides policy direction that intends to ensure the efficient arrangement of public facilities and services. Updated policies address the provision of public facilities within areas subject to natural hazards. • CONCLUSION: Based on the analysis above, staff finds that the proposed amendment is • consistent with the applicable Statewide Planning Goals. • • SECTION VI. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Public Works Department, Engineering Division, Current Planning Division, and Police Department has had an opportunity to review this proposal and did not respond. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 10 OF 14 The City of Tigard's Building Division had an opportunity to review this proposal and offered the following comments: Under Goal 7.1, Recommended Action Measure x.: Because the numbering of building::code sections changes from time to time, change section R324 to state the name of the section, "Wildfire Hazard Mitigation." Findings: Staff agrees with the comments and has added language "Wildfire Hazard Mitigation section" to replace "section R324" of the Oregon Residential Specialty Code. Staff recommends leaving the action measure with the updated language. Under Goal 7.1, Policy 5 add "the most current" (Building Code standards) to protect the built environment. Findings: Staff agrees with the comments and has added language "the most current" building code standards to Policy 5. Staff recommends leaving the action measure with the updated language. SECTION VII. OUTSIDE AGENCY COMMENTS • The following agencies/jurisdictions had an opportunity to review this proposal and did not respond: • City of Beaverton • City of Durham City of King City City of Lake Oswego City of Portland City of Tualatin • Metro Greenspaces • Oregon Department of Land Conservation and Development Oregon Department of Environmental Quality . ODOT Region 1 - District 2A Oregon Department of Geology and Mineral Industries Oregon Division of State Lands US Army Corps of Engineers • Washington County Department of Land Use and Transportation Tigard-Tualatin School District # 23J • Beaverton School District #48 TriMet FEMA Natural Hazards Program Metro Land Use Planning & Growth Management, Tualatin Valley Fire & Rescue; and WCCA had an opportunity to review this proposal and have no objections. Clean Water Services (see Exhibit B) had an .opportunity to review this proposal and offered the following comments: STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 11 OF 14 • • • • • We recommend following the provisions of the current Design and Construction Standards for • all issues relating to development, vegetated corridors, erosion control, and preservation of wetlands, natural drainageways, and enhancements thereof. Findings: Specific standards are to be included in the development code. Currently the CWS Design and Construction Standards are adopted by reference in the Community Development Code. Staff does not recommend Comprehensive Plan text changes to reference specific standards. • Oregon Department of Geology and Mineral Industries (see Exhibit C) had an opportunity to review this proposal and offered the following comments: Earthquakes Page 1: The reference to Seismic Zone 3 is from the UBC 1997. Oregon now uses the IBC 2006 and 2007 Structural specialty Code (OSSC) which no longer has seismic zones. This needs to • be updated. • • Findings: Staff has revised this statement to read, "To minimize loss of life and property from earthquakes, the City requires all new commercial, industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements : •• - -- : - = -- '' - :- : a-), while single-family construction must conform to the Oregon One and•Two Dwelling Specialty Code for seismic category Dl. Page 3: Bullet no.1, The reference to Cascadia..."cause an 8+ magnitude earthquake". Most • scientists believe this should be M9+. Findings: Staff updated this number to be consistent with the Washington County Natural Hazards • Mitigation Plan. Bullet no.3, I'm not quite sure what this is referring too. I think it might be the earthquake induced hazards, such as amplification, liquefaction, landsliding, etc. Just needs to be clear on what is being discussed. There is a big difference between the seismic hazard (IE ground motion hazard) and the earthquake induced hazards. • Findings: Staff updated this finding to read, "According to DOGAMI's relative earthquake hazard data, fifty-eight percent of the City is subject to the greatest earthquake hazard level, with an additional 21% falling into the next hazard level. These areas include developed residential and commercial areas, as well as the Washington Square Regional Center." Bullet no.5, Again, the UBC 1997 seismic zone 3 needs to be updated to the IBC 2006 and 2007 OSSC. Findings: Staff updated this key finding to read, "the City of Tigard requires all new commercial, industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements for Sci3mic Zone 3,while single-family construction must conform to the Oregon One and Two Family • Dwelling Specialty Code for Seismic Category Dl." Policies no.2, In the case of seismic retrofitting structures (buildings, bridges, etc.), which is • one of the best ways to reduce risk from earthquakes, structural approaches to hazard • mitigation should be promoted along with non-structural. STAFF REPORT TO THE PLANNING COMMISSION • CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 12 OF 14 • • • • Findings: Staff agrees with this suggestion and the policy now reads, "The City shall promote the use of non-structural approaches to hazard mitigation when appropriate." Landslides Page 2: Second paragraph, states "By mapping steep slopes...etc" This is not how we figure out where landslide prone areas are located. We need to acquire LIDAR and map the existing landslides then use geologic information combined with the LIDAR slope data to create • landslide susceptibility maps. - Findings: Staff deleted the following sentence: "E • -- ; ; : - - - ; - a;-- - - ,- ; : ; 'a: - - • - : . - - - - . .: - • •-. - .. . - - '.- :: : : - : - .- - - - -., and replaced it with, "The City uses steep slopes to define sensitive lands in the Community Development Code and has special requirements for development in these areas. When LIDAR information is available the City will evaluate the effectiveness of this approach to identifying landslide hazards and limiting:their impact on the community." Page 3: Bullet no. 8, I'm not sure if this is correct? Findings: Bullet number 8 reads, "The most common type of landslide in Washington County is caused by erosion." The Washington County Natural Hazards Mitigation Plan reads, "Slides caused by erosion are the most common type of landslide in Washington County (Page 5-2)." Staff recommends leaving this key finding in the Comprehensive Plan. Bullet no. 10,You need to figure out the landslide susceptibility through modern techniques as suggested above before estimates of percentage susceptible should be estimated. Findings: Staff agrees with this suggestion and updated the key finding to read, "It is estimated about 3% of the City's land, or 286 acres,is greater than 25% slope. • Policies no. 2. Again, non-structural approaches to hazard mitigation should be promoted along with structural. • Findings: Staff agrees with this suggestion and the policy now reads, "The City shall promote the use of non-structural approaches to hazard mitigation when appropriate." Page 4: no. 5. Once new LIDAR based landslide maps are created, the building codes and or a landslide ordinance should be updated/created and enforced. Findings:The Building Division suggested the policy be changed to read, "The City shall apply and enforce the most current building code standards to protect the built environment from natural • disasters and other hazards." Staff feels this incorporates the changes suggested by DOGAMI. Some items not included,which should be added include: Public education on predisaster mitigation and post disaster recovery. Risk assessment Institutional and/or long term mitigation plans. • Findings: Public Education and disaster recovery will be addressed in the Public Safety section of the Public Facilities chapter. Both the Hazards Policy Interest Team and the Department Review Team STAFF REPORT TO THE PLANNING COMMISSION • CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL_HAZARDS PAGE 13 OF 14 • • • have made suggestions to be included in this section. Staff added an action measure to address risk • assessment and mitigation plans. The action measure reads: xii. Complete the Tigard Natural Hazards Addendum to the Washington County Natural Hazards Mitigation Plan and include risk assessments and mitigation action items. SECTION VIII. CONCLUSION The proposed changes comply with the applicable Statewide Planning Goals, Metro regulations, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Therefore, Staff recommends that the Planning Commission recommend approval of the Comprehensive Plan Amendment to the Tigard City Council as determined through the public hearing process. ATTACHMENT: • EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD COMPREHENSIVE • PLAN. EXHIBIT B: CLEAN WATER SEERVICES COMMENTS EXHIBIT C: DOGAMI COMMENTS • ■ st 106. • Ilb A LQ September 7, 2007 • PREPA • B Niel •arissa Daniels DATE Associate Planner • / / September 7, 2007 APPROVED BY: Ron?unt . DATE Planning Manager • • • STAFF REPORT TO THE PLANNING COMMISSION • CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 14 OF 14 • • 114 Agenda Item No. 3 . L. c For Agenda of 4 .la dOo4 TIGARD CITY COUNCIL SPECIAL /BUSINESS MEETING Minutes December 4, 2007 • STUDY SESSION—No Study Session was held. 1. SPECIAL MEETING 1.1 The Tigard City Council Special meeting was called to order by Mayor Dirksen at 6:35 p.m. 1.9 Roll Call Present Absent Councilor Woodruff ✓ Mayor Dirksen ✓ Councilor Buchner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports—None. 1.5 Call to Council and Staff for Non-Agenda Items -City Manager Prosser reported that'he attended the Lake Oswego City Council Study Session earlier in the clay. He said the cities of Tigard and Lake Oswego have been discussing a water sharing Memorandum of Understanding,which will come to Council for approval in December. He said a change was made in the draft agreement clarifying that Lake Oswego is not transferring water rights to the City of Tigard. He.said the Lake Oswego City Council is having a public hearing tonight and Tigard Public Works Director Koellenneier is attending. Councilor Buehner noted that the Memorandum of Understanding does not commit the City of Tigard to anything more than discussion of a possible intergovernmental agreement. City Manager Prosser confirmed that and said it also sets a target date of June,2008 to reach a draft intergovernmental agreement which would come before the Lake Oswego and Tigard City Councils for approval. Tigard City Council Minutes December 4,2007 1 • • • - > CITIZEN COMMUNICATION— Mayor Dirksen if anyone in the audience wanted to speak on any item not on the agenda. No one asked to speak. 2. LEGISLATIVE PUBLIC HEARING -- COMPREHENSIVE PLAN AMENDMENT CPA2007-00002 — UPDATE THE GOALS, POLICIES AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS Mayor Dirksen opened the Public Hearing at 6:38 p.m. The City Attorney was not present so City Manager Prosser read the Public Hearing Rules of Procedure. Councilor Buchner acknowledged that there were several high school students in the audience and Mayor Dirksen gave them a brief summary of the importance of a comprehensive plan and how the.amendment process works. Mayor Dirksen asked if any Council member wished to declare or discuss a conflict of interest or abstention. There was none.. Assistant Planner Daniels gave the staff report and said this section of the Comprehensive Plan related to Statewide Land Use Planning Goal 7: Natural Hazards, which protects people and property from natural hazards. She recounted the work done by the citizen policy interest team and staff-to create goals, policies and action measures. She said the Planning Commission held a work session on August 20,2007 and a public hearing on September 17, 2007. She said the Planning Commission's minor changes are summarized in Attachment 1. Council reviewed the' Planning Commission recommendations from the October 16, 2007 workshop meeting. She said Council's comments can also be found in Attachment 1. Councilor Sherwood said a question arose for her since this amendment was first reviewed by Council relating to the new train switching yard in Tigard. She said CERT training alerted attendees to the disaster potential caused by a leaking railroad car or a train collision. She asked if this particular man-made hazard is covered in this chapter. Assistant Community Development Director Bunch said it would be difficult to plan for or list all man-made hazards. He said Policy 1 on page 7-8 states that the City "shall design, construct and coordinate the surface transportation system to reduce the potential for mass casualty accidents and to provide the ability to evacuate when necessary." He said Policy 2 says the City "shall encourage communication and coordination among a wide variety if agencies to respond. to technological and man- made disasters." He said there is a hazard mitigation plan wherein the City works closely with ODOT and the railroads and others engaged with transportation of hazardous materials. Councilor Wilson brought up the issue frequently expressed by neighbors about wind throws and the weakness of trees left standing after development. He asked if it would be good policy to have it discussed in the Comprehensive Plan. Assistant Community Tigard City Council Minutes December 4,2007 2 • • Development Director Bunch said the Tree Board is working on tree preservation goals and action measures. He said it could also be put into the Natural Resources section. Councilor Buchner asked about dangerous. trees that•place neighboring properties at risk. She said she noticed a:tree leaning during:the•storm yesterday.and asked if the City has a policy to protect people from hazardous trees on.neighboring property. Assistant Community Development Director Bunch said many cities have hazardous.`tree policies but it has to be done carefully so the City isn't stepping in between two neighbors. He said there are standards'relating to hazardous trees in other jurisdiction's codes and be agreed to proceed with an evaluation and bring it back to Council. Public Testimony - Mayor Dirksen asked if anyone present wanted to testify on this chapter of the Comprehensive Plan. No one signed up speak or asked to speak. Assistant Planner Daniels said the staff recommendation is to adopt the amendment with language recommended by the Planning Commission. She said Exhibit A includes the revisions recommended by the Planning Commission. Mayor Dirksen asked'Council if they had any questions or:cominents. Councilor Woodruff suggested in the sixth bulleted item on page 7-5, "Floods are Oregon's most frequently occurring natural disaster." to change the word, "Oregon's" to "Tigard's." He also suggested changing the wording oin page 7-7; Item 12 to read "The City shall encourage pervious and minimize impervious surfaces to reduce storm water runoff." Councilor Woodruff also asked if there should be anything. listed under 7-9 Emergencies and.Disasters, that says we will maintain and publish evacuation routes. Mayor'Dirksen asked if something exists already. City Manager Prosser said we have snow routes but is unsure about evacuation route planning. Mayor Dirksen said this might be covered under Recommended Action Measure iii on page 7-9, Continue to work with the Washington County Office of Emergency Management ... C. "Coordinate regionwide hazards response." City Manager Prosser said Tigard is a member of the Office of Consolidated Emergency Management and works with other • jurisdictions in Washington County in a coordinated way and he said evacuation routes could be a matter brought to this group. Mayor Dirksen asked Council .how they felt about Councilor Woodruff's comments about Item 12 on page 7-9. Council agreed that his suggested change should be made. Mayor Dirksen-also noted.that a staff recommendation regarding Eloodplain Mapping was that expertise in that lies outside the City'and we should defer to that. Mayor Dirksen closed the Public Hearing at 7:00 p.m. Tigard City Council Minutes December 4,2007 3 1 • • Councilor Buehner made a motion to approve Ordinance No. 07-20, as amended by discussion at this meeting and Councilor Woodruff seconded the motion. City Recorder Krager read the Ordinance and took a roll call vote. The motion passed unanimously. Vote Yes No Councilor Woodruff, ✓ MayorDirksen ✓ Councilor Buchner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ 3. LEGISLATIVE PUBLIC HEARING — COMPRHENSIVE PLAN CPA2007- 00004 — UPDATE THE GOALS, POLICIES, AND RECOMMENDED • ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 1'1: PUBLIC FACILITIES AND SERVICES Mayor Dirksen opened,the Public I-Ieating at 7:03 p.m. He reminded everyone that the Rules of Procedure read earlier by City Manager Prosser were still in effect. Mayor Dirksen asked if any Council member wished to declare or discuss a conflict of interest or abstention. There were none. Associate Planner.Wyss gave the staff report on the Comprehensive Plan Amendment before Council to update the goals,policies and recommended action measures related to Statewide Land Use Planning Goal 11:Public Facilities. He said key components of this chapter include Stormwater Management,Water Supply and Distribution,Wastewater Management,Community Facilities and Private Utilities. He said this amendment went through the review process of'community input from policy interest teams,using technical information and issues and values gleaned from surveys and the Tigard Beyond Tomorrow project. It went to the Planning Commission and then City staff reviewed the language to ensure compliance with any rules,regulations or agreements that the City is obligated to follow. He said the minor changes suggested by the Planning Commission arc in Exhibit D. I-Ie said the Planning Commission held a public hearing and recommended no further changes. He also noted that the City is not obligated to follow Statewide Planning Goals 3 and 4 but there is filler language for those goals so the document follows the chapter layout. He said an overview of questions from Council during a November 20,2007 work session is found in Attachment 1. Associate Planner Wyss said Councilor Buehner forwarded some questions to staff and responses are labeled as Exhibit F which was given to Council tonight. Mayor Dirksen asked Council if they had any questions. Councilor Woodruff said it appeared everything had been captured. • Tigard City Council Minutes December 4,2007 4 • Mayor Dirksen opened the hewing to public testimony. There was none. Associate Planner Wyss said the staff.recommendation is to adopt the Language forwarded by die Planning Commission with the alternative laiigi age found in Attachment 1, which is based oh Council discussion from the November.20, 2007 Workshop Meeting. Mayor Dirksen asked Council if they had any questions or comments. He said he had a question about Goal 11-1: Policy 6,which states, "Develop and maintain a stormwater system that protects development, water resources, and wildlife habitat." He said his recommended change of adding the words,"to the extent necessary..."was not there. He said the word, "necessary" is important. Council concurred and Associate Planner Wyss said staff would incorporate this wording. The Mayor and Councilors thanked staff as well as Committee members and the Planuing'Conunission for their hard work on amendingthe'Comprehensive Plan. At 7:12 p.m. Mayor Dirksen closed the Public Hearing. Councilor Sherwood made a motion to approve Ordinance No. 07-21, as amended with changes in Attachment 1, and Councilor Wilson seconded the motion. City Recorder Klinger read the Ordinance and took a roll call vote. The motion passed unanimously. Vote Yes No Councilor Woodruff ✓ Mayor Dirksen ✓ Councilor Buchner Councilor Sherwood ✓ Councilor Wilson V > NON AGENDA ITEMS Councilor Buchner reported on an Intergovernmental Water Board meeting she attended on November 28, 2007. She said the representative from the Tigard Water District moved to delay several agenda items votes due to pending litigation. Mayor Dirksen asked what issues was fabled. Councilor Buchner replied, "All discussions regarding co-tenancy agreements for the various properties that are still in the name of the Tigard Water District and within the process of changing the titles." She said the Canterbury property is proceeding in terms of the sale, but the Tigard Water District representative vehemently opposes that. She said it was the decision of the Chair to vote on the Lake Oswego agreement at their next meeting in December. Tigard City Council Minutes December 4,2007 5 • • • . 4 . ADJOURNMENT Councilor Woodruff moved to adjourn the meeting. Councilor Sherwood seconded the motion.The motion carried unanimously and the meeting was adjourned at 7:21 p.m. Carol A. Kruger,Deputy City Recorder Attest: Mayo4:21 , ity of Tigard et /-2 apof Date: 1-3 • Tigard City Council Minutes December 4,2007 6 Opp 1 O1 - 2O CA.% did f ' r3 - Agenda Item# Meeting Date December 4,2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Public Hearing for Comprehensive Plan Amendment CPA2007-00002 - Update the goals, policies, and recommended action measures pertaining to Statewide Planning Goal 7: Natural Hazards. Prepared By: Marissa Daniels Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall Council approve the Planning Commission's recommendation to adopt the Comprehensive Plan Amendment (CPA2007-00002) to update the goals,policies, and recommended action measures applicable to Statewide Planning Goal 7? STAFF RECOMMENDATION Staff proposes Council approve the Planning Commission's recommendation and adopt the proposed Comprehensive Plan Amendment to update goals,policies, and recommended action measures pertaining to Statewide Planning Goal 7. KEY FACTS AND INFORMATION SUMMARY The proposed Hazards chapter included in the amendment is a result of Council's direction to complete a full update of the Tigard Comprehensive Plan. The updated chapter is based on the extensive inventory and facts included in the Tigard 2007 resource document that detailed current community conditions and trends. Additionally, staff considered relevant findings from past citizen surveys and the Tigard visioning project. This ensured that the expressed values and attitudes of the hundreds of citizens who participated in these efforts were incorporated into the update of the Comprehensive Plan. Council's direction to update the Comprehensive Plan also stressed the importance of garnering citizen input. Staff has done this through Policy Interest Teams that met several times. Through consideration of the above technical information and previously expressed values and attitudes, the Policy Interest Teams and staff formulated draft goals, policies, and recommended action measures to pass on to the Planning Commission. Subsequently, the Planning Commission held a public workshop on August 20, 2007 and a public hearing on September 17, 2007. The Commission recommended the Council adopt the updated chapters included in CPA2007-00002.At the public hearing, the Commission made some minor changes to the original proposal and these are summarized in staffs attached memorandum (Attachment 1). Like all updated Plan chapters that will come before Council, it is important that the Hazards chapter be technically sound. Therefore, during the development of the chapter, a Department Review Team was involved to determine its technical accuracy and conformance with applicable laws and rules. Also, the updated chapter was sent to state, federal, and regional agencies for review. I:\LRPLN\Council Materials\2007\t2-0407 AIS Public Hearing CPA 2007-0000Zdoc 1 • `, The intent of the updated chapter is to provide Tigard a much better foundation on which to prepare ordinances, associated plans, development standards,programs, and intergovernmental agreements. This is necessary to provide the tools needed to improve community livability by protecting people and property from natural hazards. By adopting the new Comprehensive Plan chapter, the City signals that it is committed to these principles,whether they are required by federal, state, and regional regulations, or simply the aspirations and wishes of the community. The proposed chapter provides a necessary update to the current language in the Comprehensive Plan, which is outdated and limited in scope. The Oregon Land Conservation and Development Commission (LCDC) requires jurisdictions to periodically update their plans to reflect current conditions, regulations and information relating to the Oregon Statewide Planning Goals. This amendment will act as a major stride in ensuring compliance with Statewide Planning Goal 7. City Council reviewed the amendment at an October 16, 2007 meeting.No changes were made by staff based on this discussion as any substantive language changes need to take place within the public hearing process on December 4th. A brief overview of the major principles included in each of the three chapters can be found in Attachment 1. OTHER ALTERNATIVES CONSIDERED 1. Approve the Planning Commission recommendation and adopt CPA2007-00002. 2. Modify the Planning Commission recommendation and adopt CPA2007-00002. 3. Remand to the Planning Commission to hold additional hearings and deliberations for future consideration at City Council. CITY COUNCIL GOALS Goal 1: Comprehensive Plan A. Updating the blueprint for the City B. Public Input ATTACHMENT LIST Attachment 1: Memo to Council dated November 16, 2007 Attachment 2: Ordinance approving Comprehensive Plan Amendment 2007-00002 Exhibit A: Tigard Comprehensive Plan Amendments (Statewide Planning Goal 7) Exhibit B: Staff Report to the Planning Commission Exhibit C: Planning Commission Meeting Minutes—September 17, 2007 Exhibit D: Council Memo dated October 1, 2007 (Pertaining to Council workshop on CPA2007-00002) FISCAL NOTES Not Applicable C:\Documents and Settings\cathv\Local Settings\Temporary Internet Files\Content.Outlook\34URMPLM\12-04-07 AIS Public Hearing CPA 2007-00002.doc 2 • - • • INUI MEMORANDUM T I GARD TO: Mayor Craig Dirkson and Members of City Council FROM: Marissa Daniels, Assistant Planner RE: Council Hearing - CPA2007-00002 DATE: November 16, 2007 INTRODUCTION At the December 4, 2007 City Council meeting, a public hearing will be held for CPA2007- 00002. The amendment updates the goals, policies, and recommended action measures for the Hazards (Statewide Planning Goal 7) chapter for the updated Comprehensive Plan (see Exhibit A). Current language that is to be deleted is found with a strikethrough. The proposed amendment language was approved and recommended by the Planning Commission at a September 17, 2007 public hearing. BACKGROUND/DISCUSSION Council Worksession Summary The Tigard City Council reviewed the amendment at an October 16,2007 meeting and made several requests of staff for more information before bringing the language back for the public hearing. 1. How does Goal 2 incorporate previous TOPOFF (Top Officials Emergency Exercise, required by the Department of Homeland Security) after events summaries? The goal does not directly address TOPOFF reports, but does contain a Policy to encourage communication and coordination among agencies and Recommended Action Measures to coordinate preparedness education for residents, provide ongoing training and exercises, coordinate region wide response, and provide information and resources countywide. 1:\ADM\Packet'07\071204\12-4-07 Attachment 1 CPA2007-00002CC_hearingMemo.doc 1 • • Additionally, the Public Facilities and Services chapter contains a Policy to plan for and provide resources to respond to emergencies, collaborate in emergency response, participate in preparedness exercises, and maintain an updated Emergency Operations Plan. The Tigard Emergency Operations Plan, along with any Plans developed by the Office of Consolidated Emergency Management, would be the most appropriate venue for detailed information on improvements that could be made to our emergency response protocols. The proposed Comprehensive Plan Policies and Recommended Action Measures provide the general direction for this to take place. However, enhancing the Recommended Action Measures to include incorporating information learned from preparedness exercises into the appropriate emergency response plans would also be appropriate. 2. More information/detail on Federal Emergency Management Agency (FEMA) process to update Flood Insurance Rate Maps (FIRM). Clean Water Services contracted with Pacific Water Resources to update portions of some floodplains in Washington County. It was funded by an $800,000 grant from FEMA. The floodplain modeling took place in 2001-2002 and is just now making it to the public review period. For Tigard, the Fanno Creek floodplain was updated after the 1996 floods and adopted in February 2005, so nothing should have changed in the latest study outside of FEMA issued Letters of Map Amendments or Letters of Map Revisions. FEMA will send a letter to the City, tentatively the end of November 2007, and this will commence a 90-day appeal period where the City or citizens can appeal or protest the maps. An appeal involves scientific evidence that the included base flood elevations are incorrect, while a protest is to change street names, city boundaries, etc. Once all appeals have been addressed, FEMA will initiate final preparation of the maps and report and they will become effective approximately six months later. The City will need to modify existing ordinances to reflect the new effective date. I:\ADM\Packet'07\0712(4\12-4-07 Attachment 1 CPA2007-00002CC_hearingMemo.doc 2 • • • 3. Where are there areas of localized flooding? A. If the flooding is happening within an identified floodplain, there are rules in place to address the situation. The same is true for flooding occurring within "waters of the state," which includes non-significant wetlands and smaller streams that do not have .mapped floodplains. Property owners can apply with the state for cut and fill permits to address the issues. B. If the flooding is being caused by stormwater runoff, this is addressed in the Goal 11: Public Facilities and Services chapter. This usually occurs because of inadequate capacity for the runoff or obstructed catch basins. Policies are included that require new development to follow adopted standards (CWS Design and Construction Standards) and continued collaboration with CWS in the planning and maintenance of the system. The chapter also contains Recommended Action Measures to identify and map problematic stormwater drainage areas and to identify and pursue funding strategies to address these areas. Staff did not make any changes to the document of the requirement to hold the public hearing on the proposal as recommended by the Planning Commission. However, if Council wishes to formally direct that these changes be made, the process is as follows: 1. The City Council must hold its public hearing on the recommendations made to it by the Planning Commission; 2. Any changes that Council wishes to make to the proposal must be done in the public hearing; 3. This is necessary for those who have interest in these matters to testify on the record. Summary of Planning Commission Changes at its Public Hearing To help the Council in their decision-making process, following is an overview of the general discussion by the Planning Commission on the draft chapter and the major principles included in the recommended language: Hazards Chapter (Statewide Planning Goal 7) The Planning Commission made the following revisions at the Public Hearing held on September 17, 2007: 1:\ADM\Packet'07\071204\12-4-07 Attachment 1 CPA2007-00002CC_hearingMemo.doc 3 • . t 4. 1. Goal 1, Policy 1, would read: 1. The City shall not allow development in areas having the following development limitations except where • : - :- - : .. - .- . - . : : - : , - : : : . - - the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development: A. Areas having a severe soil erosion potential; B. Areas subject to slumping, earth slides, or movement; C. Areas having slopes in excess of 25%; or D. Areas having severe weak foundation soils. 2. Goal 1, Policy 2 would read: 2. The City. shall promote favor the use of non-structural approaches to hazard mitigation. 3. In order to keep the updated policies in line with the portions of Chapter 3 which have yet to be updated, the Planning Commission recommended amending Policy 3.1.1 of the current Comprehensive Plan (Attachment C) to read: 3.1.1 The City shall not allow development in areas having the following development limitations except where it can be shown that established and proven the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development. The rest (A) would be the same (B, C, D, and E will be stricken and replaced with Goal 1, Policy 1 in the updated Comp Plan). The Natural Resources Policy Interest Team will revisit this policy as they look specifically at wetlands. In response to the public testimony, the Planning Commission briefly discussed amending the 100-year floodplain definition. Currently the City relies upon FEMA and the US Army Corps of Engineers to map the 100-year floodplain. It was brought to the attention of the Planning Commission that currently some of Tigard's small perennial streams are not included in the FEMA 100-year floodplain maps. This issue is part of the reason Commissioner Vermilyea voted against the motion, and Commissioner Caffall abstained from voting on the motion to recommend approval by City Council of the staff report for CPA 2007-00002 (Hazards). It is the opinion of staff that this issue is best represented as a map change and not a definition change. There is a FEMA process to delineate specific wetlands and amend the 100-year floodplain map; however, Clean Water Services just submitted 100-year floodplain updates to FEMA in March of 2006. Staff recommends deferring to the expertise of Clean Water Services in delineating the 100-year floodplain boundary. The major principles included in this chapter revolve around the four state identified I:\ADM\Packet'07\071204\12-4-07 Attachment 1 CPA2007-00002CC_heanngMemo.doc 4 • hazards, which apply to Tigard: earthquakes, landslides, floods, and wildfire. The citizens also realized the importance of including hazards which are not called out in Statewide Planning Goal 7, for example, severe weather events and man-made hazards. The major principles included in the goals, policies, and action measures are: • Continue collaborating at a regional level to address both natural and man-made hazards; • Implement practices that reduce the risk of natural hazards; • Place the burden of proof on the developer to show that generally accepted engineering techniques related to a specific site plan will make the area suitable for proposed development; • Continue to regulate development in floodplains according to the FEMA 100-year floodplain; • Encourage the use of non-structural approaches to hazard mitigation; and • Develop and maintain regulations to protect people and property from man-made and natural hazards. These principles set a policy direction for the City to move toward the community vision of a future where the character and livability of Tigard is enhanced by the quality of the surrounding environment. Furthermore, it is recognized that expected population growth in the region will require further effort and innovation to protect environmental quality. • I:\ADM\Packet'07\071204\12-4-07 Attachment 1 CPA2007-00002CC_heatingMemo.doc 5 • CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 07- AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2007-00002 TO UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS WHEREAS, the Tigard City Council directed staff to complete a full update of the Tigard Comprehensive Plan, including a process for garnering citizen input; and WHEREAS, the Tigard visioning reports, community surveys, and policy interest team meetings were utilized to develop draft language for the update of the Tigard Comprehensive Plan; and WHEREAS, the City has proposed an amendment to the Tigard Comprehensive Plan Chapter 3 by updating Goals,Policies, and Recommended Action Measures; and WHEREAS, the Tigard Planning Commission held a public meeting on September 17, 2007, and recommended approval of the proposed CPA 2007-00002 (with minor revisions) by motion and with unanimous vote; and WHEREAS, on December 4, 2007, the Tigard City Council held a public hearing to consider the Commission's recommendation on CPA 2007-00002, hear public testimony, and apply applicable decision-making criteria. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Comprehensive Plan is amended to include the text in "EXHIBIT A." SECTION 2: The findings and conclusions contained in the Staff Report dated September 7, 2007,the Planning Commission meeting minutes for September 17, 2007, and memorandum to Council dated September 11, 2007, are adopted by reference ("EXHIBIT B," "EXHIBIT C," and"EXHIBIT D"respectively). SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder.. ORDINANCE No. 07- Page 1 PASSED: By vote of all Council members present after being read by number and title only, this day of , 2007. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2007. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE No. 07- Page 2 • • Exhibit A E. • z : . • ., r ys { 1. 9;' r^ -• "' �` * n -t ". s,:ir-4 W - 4; ��-�♦ , � �r✓ ms . _ ft r3 z '''''''e y `' -.• ,'- S !.+al y"' f X �E" f � •� � ' ���, -ra T ��� "Et� s r+t-�" 4 � �r: ts =i � r - ,�, .5:-. + V1". n 4 _ .;Wre. .. '1��is I' • -: ; -?rte rr-.'.; ..-WI—. C.,-,:‘,..s.>, i.,..sz- is x:' r r?' ,'S ri Hazards "To protect people and proper! from natural hazards. " 0i? • 4110 atural features provide a community with valuable resources but,under certain conditions, these resources may also present a hazard. For example, rivers and creeks are important for storm water conveyance, wildlife habitat, and water quality. However, these resources can quickly threaten property and people unless careful planning has documented flooding risk and adequate precautions are taken. The City's commitment to protect people and property from hazards is based on Oregon Statewide Planning Goal 7. Goal 7 lists six hazard categories to be addressed by comprehensive plans. Four of these apply to the City of Tigard: wildfire, landslides, flooding,and earthquakes. In addition, the City is also vulnerable to harm from severe weather and man- made. hazards. GOAL 7: s:. "To protect people and property from natural hazards." Tigard's citizens value a safe community where natural resources are protected and there is minimal danger from both natural and man-made hazards. Tigard residents value the importance of natural systems in protecting the community from hazards, and additionally recognize that although landslides, earthquakes,wildfires and floods occur naturally, the effects of these events "Hazards are often made worse by human activities. can have a Hazards can have a significant negative impact significant on a community's quality of life. It is important for the Comprehensive Plan to provide policy negative direction on how the City will manage hazardous conditions and events. Land use planning, devel- impact on a opment regulation and emergency management play key roles in assessing and reducing the risk to community's people and property from hazards. It is important quality of for local governments to have an understanding of underlying natural conditions and past event life." history to develop hazard mitigation and preven- non programs. EARTHQUAKES Because hazards, such as earthquake faults and floodplains, extend across Comprehensive Plan I City of Tigard 7-1 • • HAZARDS jurisdictional boundaries, it is essential to coordinate planning and emergency response services regionwide and with the state and federal governments. For example, due to the scale and complexity of earthquakes,Tigard coordinates with the Oregon Department of Geology and Mineral industries (DOGAMI). In addition to DOGAMI,Tigard coordinates with Metro,Washington County, and other jurisdictions to mitigate the risk associated with an earthquake. To minimize loss of life and property from earthquakes, the City requires all new commercial,industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements,while single-family construction must conform to the Oregon One and Two Dwelling Specialty Code for seismic category Dl. WILDFIRE In Tigard,wildfire is characterized by the Urban Interface Zone, or the urban- rural fringe where homes and other structures are built onto a densely forested or natural landscape. The Oregon Department u In Tigard, := of Forestry implements the Oregon Forestland- ::=�- ' � i Urban Interface Fire Program,which is expected wildfire is =ti, to be fully implemented by 2011,in order to r,i; �_:; protect interface communities in Oregon from characterized wildfire. The City of Tigard works with Tualatin by the Urban Valley Fire and Rescue (TVF&R.) to mitigate the effects of wildfire. TVF&R is responsible for • Interface all fire prevention and education, and has the opportunity to comment on all development Zone." applications. TVF&R also maps the urban inter- face zone in Tigard. The Oregon Department of Environmental Quality (DEQ) controls both backyard and agricultural burning in Oregon; however,Tigard is within the DEQ permanent burn-ban area in an effort to reduce the risk of wildfire as a result of backyard burning. LANDSLIDES People and property are best protected from landslide when building struc- tures and roads are not built within areas prone to mass movement. Although landslides are a natural geologic process, the incidence of landslides and their impacts on people can be exacerbated by human activities. Such human activities include grading for road construction and development, excavation, 7-2 City of Tigard I Comprehensive Plan • • A drainage and groundwater alterations, and changes in vegetation. The City uses steep slopes to define sensitive lands in the Community Development Code and has special requirements for development in these areas. When LIDAR infor- mation is available the City will evaluate the effectiveness of this approach to identifying landslide hazards and limiting their impact on the community.Also, by retaining vegetation and natural drainageways in these areas, the City can work to identifying landslide hazards and limiting their impact on the commu- nity. The effects of landslides are often more widespread than the physical area they inhabit, as landslides can affect utility services, transportation systems, and critical lifelines. FLOODING Floods are influenced by a number of factors, including the amount and inten- sity of precipitation,geography and geology, and development activity.The City of Tigard cannot control precipitation or the community's soil type but can control develop- cc FIOOds ment activity which contributes to, and is affected by, flooding. The City coordinates with several can have a agencies to mitigate the risk of flooding. The FEMA designated floodplain is used to administer devastating the national flood insurance program (NFIP). The floodplain serves as the FEMA flood hazard impact on regulatory area. Within this area,development almost every activities are regulated to minimize impacts on floodwater flows and storage areas to reduce aspect of the impacts from flood events. Oregon state law regu- , lates development within the 100-year floodplain community.» ;E and Tigard complies through adoption of Metro's Urban Growth Management Functional Plan, Title 3. The Sensitive Lands chapter of the Tigard Community Development Code implements Title 3 through the Clean Water Services'Design and Construction Standards. Floods can have a devastating impact on almost every aspect of the community, including private property damage, public infrastructure damage, and economic loss from business interruption. The City has been proactive in mitigating flood hazards by purchasing floodplain property. These areas,if left undisturbed, can act to store excess floodwater. The Oregon Division of State Lands (DSL), jointly with the U.S. Army Corps of Engineers, requires a permit for develop- Comprehensive Plan I City of Tigard 7-3 • • • 40 HAZARDS ment within the waters of the United States. Any disturbance to a water body and its associated floodplain is covered through this process. OTHER HAZARDS Tigard is also at risk of non-natural or man-made hazards.Although state- wide planning goal 7 addresses natural hazards, `}r' other hazards are included in this chapter as the "Tigard is ,:;� - community is concerned about protection from also at risk of non-natural hazards as well as natural hazards. vt Other hazards addressed by this section may non-natural include mass casualty transportation accidents, hazardous material releases, severe storms, or man-made terrorism, epidemics, and infestation. Tigard coordinates planning for non-natural hazardous hazards. :$ occurrences with other jurisdictions and agencies from around the state. .�s`Yr �';f '33aa•1''fY� .�' KEY FINDINGS • The Cascadia Subduction Zone could potentially cause a 9+ magnitude earthquake,affecting Tigard. • Tigard is subject to more frequent shallow earthquakes (crustal fault earthquakes). These events typically do not exceed magnitude 4, but could go up to magnitude 7. • According to DOGAMI's relative earthquake hazard data, fifty-eight - percent of the City is subject to the greatest earthquake hazard level,with an additional 21% falling into the next hazard level.These areas include developed residential and commercial areas, as well as the Washington Square Regional Center. • Wood-frame homes tend to withstand earthquakes better than unreinforced brick buildings. • The City of Tigard requires all new commercial, industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements, while single-family construction must conform to the Oregon One and Two Family Dwelling Specialty Code for Seismic Category Dl. • • The increasing number of homes being built in the urban interface zone is increasing the threat of wildfire in Tigard. More than 30% of all land in Tigard is vulnerable to wildfire. 7-4 City of Tigard I Comprehensive Plan • • 0111) • Tigard is within the Oregon Department of Environmental Quality's permanent burn ban area, so backyard burning is not allowed anywhere within Tigard. • The most common type of landslide in • n>_ Washington County is caused by erosion. "Floods are '? • Landslides within Tigard have historically not caused major property damage. However in Oregon's �ww►► other parts of the Portland metropolitan region - they have caused considerable damage. most • It is estimated about 3% of the City's land, or _ 286 acres,is vulnerable to landslides. frequently • Human activities such as deforestation, stream occurring alteration, and urban development within the Tualatin basin have significantly altered the natural 't hydrology of the watershed. This has resulted in increased water runoff and greater potential disaster.” ,f for flooding. w ixt s • Hoods are e s most frequently occurring natural disaster. • The 100-year floodplain includes six streams and 7.9% of all land area in Tigard. • As of June 2006,Tigard owns 34% of the 100-year floodplain. • Tigard residents are concerned about the effects of all other hazards on the community. GOAL 7.1 Protect people and property from flood,landslide, earthquake, wildfire, and severe weather hazards. POLICIES •1. The City shall not allow development in areas having the following development limitations except where the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development: Comprehensive Plan I City of Tigard. 7-5 • • HAZARDS A. Areas having a severe soil erosion potential; B. Areas subject to slumping,earth slides,or movement; C. Areas having slopes in excess of 25%; or D. Areas having severe weak foundation soils. 2. The City shall favor the use of non-structural approaches to hazard mitigation. 3. The City shall coordinate land use and public facility planning with public safety providers (law enforcement, fire safety, and emergency service providers) to ensure their capability to respond to hazard events. 4. The City shall design and construct public facilities to withstand hazardous events with a priority on hazard protection of public services and facilities that are needed to provide emergency response services. 5. The City shall apply and enforce the most current building code standards to protect the built environment from natural disasters and other hazards. 6. The City shall enforce standards requiring the creation and maintenance of defensible space around habitable structures located in wildfire hazard areas. 7. The City shall comply with the Federal Emergency Management Agency (FEMA) flood regulations, which include standards for base flood levels, flood proofing, and minimum finished floor. elevations. S. The City shall prohibit any land form alterations or developments in the 100-year floodplain which would result in any rise in elevation of the 100-year floodplain. 9. The City shall not allow land form alterations or development within the 100-year floodplain outside the zero-foot rise floodway unless: A. The streamflow capacity of the zero-foot rise floodway is maintained, and B. Engineered drawings and/or documentation shows there will be no detrimental upstream or downstream effects in the floodplain area. 10. The City shall work with Clean Water Services to protect natural • 7-6 City of Tigard I Comprehensive Plan • • drainageways and wetlands as valuable water retention areas and,where possible, find ways to restore and enhance these areas. 11. The City shall comply with Metro Title 3 Functional Plan requirements for balanced fill and removal in the 515 "'The pity shall ;s, floodplain. tn.100*ta 'Ql1ri`0v work to reduce .4. 12. The City shAmtnimize impervious the risk of loss of surfaces to reduce storm water runoff. 13. The City shall retain and restore life and damage existing vegetation with non-invasive to property from <[ species in areas with landslide %e severe weather • : potential to the greatest extent possible. events." ss 14. The City shall work to reduce the risk of loss of life and damage to property from severe weather events. RECOMMENDED ACTION MEASURES i. Place land acquisition priorities on high hazard areas to be used for recreation or open space purposes. ii. Update and maintain accurate information regarding natural hazard risks and past events. iii. Publicize and maintain maps of high hazard areas. iv. Address planning for the protection of public facilities and services from hazards in the Tigard Public Facilities Plan and Community Investment Plan. v. Retrofit existing public facilities and services to contemporary standards to better withstand natural disasters and hazardous occurrences. vi. Recognize some existing buildings have not been built to contemporary building code standards and seek ways to-encourage their retrofit to modern codes. vii. Design and Implement a natural hazards home inspection program. Comprehensive Plan I City of Tigard 7-7 • • arli HAZARDS viii.Update and maintain a list of essential and critical facilities to be used in hazards planning. ix. Work with Tualatin Valley Fire and Rescue Community Safety Program to provide information and education about urban interface wildfire to Tigard citizens. x. Adopt the Tualatin Valley Fire and Rescue Wildfire Hazard Map and implement the Wildfire Hazard Mitigation section of the Oregon Residential Specialty Code. xi. Provide information and access to resources for property owners who wish to assess the ability of their buildings to withstand natural hazards. xii. Continue to maintain eligibility for the National Flood Insurance Program. xiii.Research and implement standards to ensure only appropriate land uses are allowed in high hazard areas. xiv. Complete the Tigard Natural Hazards Addendum to the Washington County Natural Hazards Mitigation Plan and include risk assessments and mitigation action items. GOAL 7.2 Protect people and property from non-natural hazardous occurrences. POLICIES 1. The City shall design, construct,and coordinate the surface transportation system to reduce the potential for mass casualty accidents and to provide the ability to evacuate when necessary. 2. The City shall encourage communication and coordination among a wide variety of agencies to respond to technological and man-made disasters. RECOMMENDED ACTION MEASURES 7-8 City of Tigard I Comprehensive Plan • i. Keep a current inventory of locations where hazardous materials might pose a danger to the public,including storage and transportation areas. ii. Update and maintain the Tigard Emergerny Operations Plan to ensure essential governance and public safety services are available during a disaster. iii. Continue to work with the Washington County Office of Emergency Management to: A. Coordinate emergency preparedness education for Tigard residents. B. Provide ongoing responder training and exercises, C. Coordinate regionwide hazards response, and D. Provide hazards information and resources countywide. iv. Continue to implement the Community Emergency Response'Team (CERT) Program for community members and City staff. v. Encourage projects that enhance medical treatment capabilities and capacity. V(, Mint- n p vbu'c ise oPg Ued .e.v 0.0 V co-turt, r004-es .7 Comprehensive Plan I City of Tigard 7-9 • • Exhibit B Agenda Item: Hearing Date: September 17,2007 Time: 7:00 PM • S. TAFF� - LAN3�3I. / - F R_ : O T H - C fiY>`� -- - O=F Th ��� - - -- � _ - __ om:'= -▪ - =s�t,:�. - - - - - -= .,�.. _ .:rte_ _= - --▪ _ --- _ -_ TIGA - -..-_ ..�.. _.....-....-_-'.3 ± ��:i.,:i'a.=�-+>a+F:=�..�=+:4 . . . .... .120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE GOALS, POLICIES,AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS FILE NO.: Comprehensive Plan Amendment (CPA) CPA 2007-00002 PROPOSAL: The City is requesting approval of a Comprehensive Plan Amendment to amend the current Comprehensive Plan Topic 3: Natural Features and Open Space by updating the Goals, Policies, and Recommended Action Measures to reflect current community conditions and values. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 • LOCATION: Citywide ZONING DESIGNATION: . All City zoning districts COMP PLAN: All City comprehensive plan designations APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Topics 1, 2, and 3;Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1, 2, 7, 9, and 11. SECTION II. STAFF RECOMMENDATION Staff recommends'that the Planning Commission.:finds:.tFiis:request to:ineet�'tlie`necessary.ip roval PP; criteria. Therefore, staff recommends APPROVAL to;the.Tigard`City Coi.`tncilto°amend`=the Tigard Comprehensive Plan to revise_Section 3:1.`and.3:2 of Topic 3 as_:determined'through the=public`hearing. . process. STAFF REPORT TO THE PENNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 1 OF 14 • S SECTION III. BACKGROUND INFORMATION • Project History The Tigard Comprehensive Plan is the primary document that guides land use decisions within the community. It outlines goals, policies, and recommended action measures that are intended to reflect the community's values and aspirations for a broad range of matters relating to land use planning and growth management. It also aims to organize and coordinate the relationships between people, land, resources, and facilities to meet the current and future needs of Tigard. The Tigard Comprehensive Plan is required by State law and must conform to 12 of the 19 Oregon Statewide Planning Goals. Land development and related activities, including the City's development codes, also must be consistent with adopted Comprehensive Plan goals and policies. It is now seven years beyond the year 2000 planning horizon of the City's 1983 Comprehensive Plan. Tigard has grown dramatically since 1983, from 18,379 residents. to 46,300 today. Jobs and business activity have grown just as fast. Although minor updates have taken place over the years, the 1983 Plan, in many ways, does not reflect current and projected community conditions. For this reason, it is necessary to undertake a thorough update. This is important to ensure the Plan remains a viable tool for decision-makers and citizens to use when seeking policy direction regarding land use and Tigard's future. For this reason, the Tigard City Council has made it a goal to update the Comprehensive Plan. The first step in updating the Tigard Comprehensive Plan involved City staff developing a fact base to inform the update. The result was the Tigard 2007 resource document completed in February 2007. Key • • findings from Tigard 2007, combined with community issues and values, form the basis for Plan goals, policies, and recommended action measures. Community issues and values were identified through the community's visioning process and a number of surveys completed over the last several years. The second step involved community volunteers and stakeholders coming together to develop draft goals, policies, and recommended action measures. These Policy Interest Teams have been meeting over the past several months to discuss Comprehensive Plan topics in which they share an interest. City Department Review Teams then review and provide comment on the work of the policy interest • teams. These final draft goals, policies, and recommended action measures are then forwarded to the Planning Commission to begin the legislative process:. Since each of the Policy Interest Teams are moving at their own pace, Staff will be bringing a series of Comprehensive Plan Amendments (CPA) through the legislative process over the next several months. • Each CPA will correspond to a Statewide Planning Goal that is applicable to Tigard. The CPA will strike the appropriate language from the existing plan and replace the language with an updated chapter that addresses that particular Statewide Planning Goal. Hazards (Goal 7) is the second Comprehensive Plan Amendment to update the current Comprehensive Plan. The Planning Commission held a workshop on August 20th to discuss the draft goals, policies, and recommended action measures that were formulated based on the input from the policy interest and department review teams. At the Planning Commission workshop, the following changes were requested (also found in Exhibit A with deleted text as strikeouts and added text bold and underlined): • The Planning Commission requested subheadings be added to the introductory text. The following subheadings have been added to the text: • STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 2 OF 14 • • • Earthquake Wildfire • Landslides Flooding Other Hazards The Planning Commission recommended that "native plant species" be replaced with "non-invasive species" throughout the Comprehensive Plan. Goal 7.1 policy 13 has been updated to reflect this change: 13. The City shall retain and restore existing vegetation with non-invasive species in areas with landslide potential to the greatest extent possible. Planning Commissioners recommended adding an action measure under Goal 7.1 to research and implement standards to prevent inappropriate land uses in high hazard areas. This action measure reads as follows: xi. Research and implement standards to ensure only appropriate land uses are allowed in high hazard areas. Proposal Description The primary intent of the proposed changes is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. This amendment is the second in a series of amendments that will update the Comprehensive Plan in its entirety. This amendment will update Statewide Planning Goal 7 with goals, policies, and recommended action measures that will serve as the "legislative foundation" in regards to natural hazards. Land use actions and amendments to the Tigard Development Code will be based on the new language included in this amendment. Below is an explanation of the terms that create the "legislative foundation": Goal • Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation - The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Policy Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. • STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 3 OF 14 • • Obligation - The City must follow relevant policy statements when amending the Comprehensive Plan, • or developing other plans or ordinances which affect land use. To amend the Comprehensive Plan, the City must show consistency with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. • Recommended Action Measures • Definition - A statement which outlines a specific City project or standard, which if executed, would • implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. • Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability, etc. The City should periodically review and prioritize recommended action measures based on current circumstances, community needs and the City's goal and policy obligations. These statements are suggestions to future City decision- makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to or amended as conditions warrant. SECTION IV. SUMMARY OF REPORT Applicable criteria,findings and conclusions • Tigard Community Development Code • o Chapter 18.380 o Chapter 18.390 • Applicable Comprehensive Plan Policies o Topics 1, 2, and 3 •Applicable Metro Standards • o Title 3 and 13 • • Statewide Planning Goals o Goals 1, 2, 7, 9, and 11 City department and outside agency comments • • SECTION V. APPLICABLE CRITERIA AND FINDINGS • CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.380: Zoning Map and Text Amendments Chapter 18.380.020 Legislative Amendments to the Title and Map A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.309.060G STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 4 OF 14 • Findings: The proposed amendments to the Tigard Comprehensive Plan would establish policies to be applied generally throughout the City of Tigard; and therefore, the application is being processed as a Type IV procedure, Legislative Amendment, as governed by Section 18.390.060G. Chapter 18.390: Decision-Making Procedures • Chapter 18.390.020. Description of Decision-Making Procedures • B.4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. • Findings: The proposed amendments to the Tigard Comprehensive Plan will be reviewed under the Type IV procedure as detailed in Section 18.390.060.G. In accordance with this section, the amendments will initially be considered by the Planning Commission with City Council making the final decision. • Chapter 18.390.060.G. Decision-making considerations. 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. Findings: As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this criterion. CONCLUSION: Based on the analysis above, staff`finds that the proposed.amendments satisfy the applicable review criteria within the Tigard Community Development Code and recommends the Planning Commission forward these proposed amendments to the City Council with a recommendation for adoption. • CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: A review of the comprehensive plan identified the following relevant policies for the proposed amendments: • Topic 1: General Policies Policy 1.1.1: The City shall ensure that: a. This comprehensive plan and all future legislative changes are consistent with the Statewide Planning Goals adopted by the Land Conservation and Development Commission, the Regional Plan adopted by the Metropolitan Service District; Findings: As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this criterion. Topic 2: Citizen Involvement Policy 2.1.1: The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. Findings: The proposal has complied with all notification requirements pursuant to Chapter 18.390.060 of the Tigard Community Development Code. This staff report was also available seven days in STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 5 OF 14 • i • advance of the hearing pursuant to Chapter 18.390.070.E.b of the Tigard Community Development Code. Additionally, a Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. . • Information was distributed throughout the process via the project website, an interested parties • • listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. • • Outreach methods also included presentations to a number of civic organizations in the community, • personal emails sent to groups and organizations, updates to City boards and commissions, • presentations to high school students, and staff attendance at community events to pass out • information. • Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the August 30, 2007 issue of The Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also • included the address of the City's webpage where the entire draft of the text changes could be viewed. Policy 2.1.2: The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. • Findings: As outlined above, the community was given multiple venues to get information and get involved. This included a number of articles in the Cityscape newsletter that is delivered to every household in Tigard. Staff also made a good faith effort to ensure a diversity of citizens and stakeholders were involved in the policy interest team meetings by not only soliciting volunteers,but by • inviting organizations that share a common interest in that particular topic. • • Policy 2.1.3: The City shall ensure that information on land use planning issues is available in an understandable form for all interested citizens. Findings: Information regarding the topics included in this Comprehensive Plan Amendment was available in multiple locations in an understandable format for the duration of the process. This . included paper and electronic copies that were available in the permit center and also on the website. Information was regularly sent to the project listsery and to the community volunteers who participated on the policy interest teams. • Topic 3: Natural Features and Open Space • Policy 3.1.1: The City shall not allow development in areas having the following development limitations except where it can be shown,that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development. (Note: This policy dies not apply to lands designated as significant wetlands on the floodplains and wetlands map.): STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 6 OF 14 • • • a. Areas meeting the definition of wetlands under chapter 18.26 of the Community Development Code; • b. Areas having a severe soil erosion potential; • c. Areas subject to slumping, earth slides or movement; d. Areas having slopes in excess of 25%; or e. Areas having severe weak foundation soils. • Findings: Policy 3.1.1 sections (b), (c), (d), and (e) will be replaced with Policy 1 under goal 7.1 in the updated Comprehensive Plan. However, Policy 3.1.1 section (a) deals with wetlands and is therefore not applicable to Goal 7. Section (a) of Policy 3.1.1 will remain in the current Comprehensive Plan until they are updated in the Natural Resources section. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable policies contained in the City of Tigard Comprehensive Plan. Policy 3.2.1: The City shall prohibit any land form alterations or developments in the 100-year floodplain which would result in any rise in elevation of the 100-year floodplain. Policy 3.2.2: The City shall: a. Prohibit land form alterations and development in the floodway* except alterations which preserve or enhance the function and maintenance of the zero-foot rise floodway*, and b. Allow land form alterations or development in the floodplain* outside the zero- foot rise floodway*which preserve or enhance the function of the zero-foot rise floodway*provided: 1. The land form alteration and/or development is in an area • designated commercial or industrial on the Comprehensive Plan land use map, and factors set forth in policy 3.2.3 can be satisfied; or 2. The land form alteration and/or development is associated with community recreation uses, utilities, or public support facilities:as defined in chapter 18.42 of the Community Development Code and the factors set forth in policy 3.2.3 can be satisfied. Policy 3.2.3: Where land form alterations and development are allowed within the 100-year floodplain* outside the zero-foot rise floodway*, the City shall require: • a. The streamflow capacity of the zero-foot rise floodway*be maintained; b. Engineered drawings and/or documentation showing that there will be no detrimental upstream or downstream effects in the floodplain* area, and that the criteria set forth in the Sensitive Lands section of the code have been met (See FIS September 1981); c. A buffer, either existing or planted, on the commercial or industrial land - abutting residential land which adequately screens the development from view by the adjoining residential land, and which is of sufficient width to be noise attenuation; and d. The consideration of dedication of open land area for greenway adjoining the floodplain* including portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain* in accordance with the adopted pedestrian bicycle pathway plan. STAFF REPORT TO THE PLANNING COMMISSION • CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 7 OF 14 • • Policy 3.2.5: The City shall require the consideration of dedication of all undeveloped land within the 100-year floodplain plus sufficient open land for greenway purposes specifically • identified for recreation within the plan. • *The Floodplain and Floodway, as defined by the Flood Insurance Study for the City of Tigard dated effective February 18, 2005. Findings: Current Comprehensive Plan Policies 3.2.1, 3.2.2, 3.2.3, and 3.2.5 will be deleted and replaced in their entirety by proposed amendment Goal 7.1 and the associated policies (See Exhibit A). This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, • and programs. This update will also ensure continued compliance with Statewide Planning Goal 7 as • the new goals and policies reflect current community conditions and values. The new goal and • polices have been developed through a citizen involvement effort, reviewed by City staff,reviewed by affected agencies, and reviewed by the Planning Commission at an August 20, 2007 workshop. • CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable policies contained in the City of Tigard Comprehensive Plan. APPLICABLE METRO REGULATIONS: Metro Urban Growth Management Functional Plan Title 3: Water Quality, Flood Management, and Fish/Wildlife Habitat Conservation - protect beneficial uses and functional values of water quality and flood management resources by limiting uses in these areas from development activities and protecting life and property from dangers associated with flooding. Findings: In 2002, the City of Tigard adopted Comprehensive Plan and Code Amendments to comply • with Title 3 of Metro's Urban Growth Management Functional Plan, which outlines water quality and flood management requirements for the region. The adopted standards were based on a unified • program developed by local governments in the Tualatin Basin and implemented through the Clean Water Services District's (CWS) Design & Construction Standards, which provides for vegetated stream corridor buffers up to 200 feet wide and mandating restoration of corridors in marginal or degraded condition. • • In addition, Clean Water Services, local cities, Washington County, Metro, and Tualatin Hills Park and Recreation District, partnered on a parallel effort to develop the CWS Healthy Streams Plan (HSP), an updated watershed plan designed to enhance the functions of the Tualatin Basin surface water system and address the Clean Water Act and Endangered Species Act (ESA). The proposed amendment, specifically Goal 7.1 and its associated policies (see Exhibit A), will continue to ensure compliance with Title 3 requirements and standards. The stated purpose of the • • Flood Management Performance standards is to reduce the risk of flooding, prevent or reduce the risk of loss of life and property, and maintain functions and values of floodplains. Goal 7.1 reflects this purpose, and Policy 11 states explicitly that the City will comply with Metro Title 3 Functional Plan requirements for balanced fill and removal in the floodplain. Also, Policies 7-12 under Goal 7.1 deal specifically with flood hazards. • Metro Urban Growth Management Functional Plan Title 13: Nature in Neighborhoods — conserve, protect, and restore a continuous ecologically viable streamside corridor system, from the streams' headwaters to their confluence with other streams and rivers, and with their • STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS . PAGE 8 OF 14 • • • flooplains in a manner that is integrated with upland wildlife habitat and with the surrounding urban landscape; and control and prevent water pollution for the protection of the public health and safety, and to maintain and improve water quality throughout the region. Findings: The multi-jurisdictional approach undertaken by Tualatin Basin jurisdictions was used to develop a program to meet Statewide Goal 5 requirements for inventorying riparian areas and:wildlife habitat and to comply with Metro's Urban Growth Management Functional Plan Title 13 (the regional Nature in Neighborhoods program). The Tualatin Basin Fish and Wildlife Habitat Program was developed to complement Clean Water Services Design and Constructions Standards to protect the beneficial uses of water (including rivers, streams and creeks) within the Tualatin Basin. The proposed amendment, specifically Goal 7.1 and its associated policies (see Exhibit A),will continue to ensure compliance with Tide 13 requirements and standards. Policy 11 provides direction:for the City to work with Clean Water Services to protect, restore, and enhance natural drainageways and wetlands. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable Metro regulations. THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197 Statewide Planning Goal l—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Findings: This goal was met through an extensive public involvement process. A Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. • Information was distributed throughout the process via the project website, an interested: parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open 'houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the August 30, 2007 issue of The Times (in accordance with Tigard Development Code Chapter 18.390). Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS • PAGE 9 OF 14 • • • number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive • Plan was acknowledged by DLCD as being consistent with the statewide planning goals. • Findings: The proposed amendment to the Tigard Comprehensive Plan is being processed as a Type IV procedure, which requires any applicable statewide planning goals, federal or state statutes or regulations, Metro regulations, comprehensive plan policies, and City's implementing ordinances, be addressed as part of the decision-making process. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. All applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. Statewide Planning Goal 7 —Areas Subject to Natural Hazards To protect people and property from natural hazards. • Findings: The proposed amendment is consistent with this goal as it provides policy direction that intends to protect both people and property from natural hazards. Current Comprehensive Plan • Policies relating to Statewide Planning Goal 7 will be deleted and replaced in their entirety by proposed amendment Goal 7.1 and the associated policies and action measures (See Exhibit A). This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 7 as the new goals and policies reflect current community conditions and values. The new goal and polices have been developed through a citizen involvement effort, reviewed by City staff, reviewed by affected agencies, and reviewed by the Planning Commission at a August 20, 2007 workshop. Statewide Planning Goal 9—Economic Development To provide adequate opportunities throughout the.state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. Findings: The proposed amendment is consistent with this goal as it provides policy direction that intends to protect Tigard's businesses from natural hazards. Hazards protection contributes to economic vitality by protecting current employers and employees from hazards. • Statewide Planning Goal 11— Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Findings: The proposed amendment is consistent with this goal as it provides policy direction that • intends to ensure the efficient arrangement of public facilities and services. Updated policies address the provision of public facilities within areas subject to natural hazards. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment is • consistent with the applicable Statewide Planning Goals. SECTION VI. ADDITIONAL CITY STAFF COMMENTS • The City of Tigard's Public Works Department, Engineering Division, Current Planning Division, and Police Department has had an opportunity to review this proposal and did not respond. STAFF REPORT TO THE PLANNING COMMISSION • • CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS' PAGE 10 OF 14 . � S • The City.of Tigard's Building Division had an opportunity to review this proposal and offered the following comments: Under Goal 7.1, Recommended Action Measure x.: Because the numbering of building:code sections changes from time to time, change section R324 to state the name of the section, "Wildfire Hazard Mitigation." Findings: Staff agrees with the comments and has added language "Wildfire Hazard Mitigation section" to replace "section R324" of the Oregon Residential Specialty Code. Staff recommends leaving the action measure with the updated language. Under Goal 7.1, Policy 5 add "the most current" (Building Code standards) to protect the built environment. Findings: Staff agrees with the comments and has added language "the most current" building code standards to Policy 5. Staff recommends leaving the action measure with the updated language. SECTION VII. OUTSIDE AGENCY COMMENTS • The following agencies/jurisdictions had an opportunity to review this proposal and did not respond: City of Beaverton City of Durham City of King City City of Lake Oswego City of Portland City of Tualatin Metro Greenspaces Oregon Department of Land Conservation and Development Oregon Department of Environmental Quality . ODOT Region 1 - District 2A Oregon Department of Geology and Mineral Industries Oregon Division of State Lands US Army Corps of Engineers Washington County Department of Land Use and Transportation Tigard-Tualatin School District # 23J • Beaverton School District #48 TriMet FEMA Natural Hazards Program Metro Land Use Planning & Growth Management, Tualatin Valley Fire & Rescue; and WCCA had an opportunity to review this proposal and have no objections. . - Clean Water Services (see Exhibit B) had an .opportunity to review this proposal and offered the following comments: STAFF REPORT TO THE PLANNING COMMISSION • CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS • •. "PAGE 11 OF 14 • • We recommend following the provisions of the current Design and Construction Standards for • all issues relating to development, vegetated corridors, erosion control, and preservation of wetlands, natural drainageways, and enhancements thereof. Findings: Specific standards are to be included in the development code. Currently the CWS Design and Construction Standards are adopted by reference in the Community Development Code. Staff does not recommend Comprehensive Plan text changes to reference specific standards. Oregon Department of Geology and Mineral Industries (see Exhibit C) had an opportunity to review this proposal and offered the following comments: • Earthquakes • Page 1: The reference to Seismic Zone 3 is from the UBC 1997. Oregon now uses the IBC 2006 and 2007 Structural specialty Code (OSSC) which no longer has seismic zones. This needs to • be updated. • • Findings: Staff has revised this statement to read, "To minimize loss of life and property from earthquakes, the City requires all new commercial, industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements for Zone 3 (the second highest hazard code), while single-family construction must conform to the Oregon One and Two Dwelling Specialty Code for seismic category Dl. Page 3: Bullet no.1, The reference to Cascadia..."cause an 8+ magnitude earthquake". Most scientists believe this should be M9+. Findings: Staff updated this number to be consistent with the Washington County Natural Hazards Mitigation Plan. Bullet no.3, I'm not quite sure what this is referring too. I think it might be the earthquake • induced hazards, such as amplification, liquefaction, landsliding, etc.Just needs to be clear on what is being discussed. There is a big difference between the seismic hazard (IE ground motion hazard) and the earthquake induced hazards. Findings: Staff updated this finding to read, "According to DOGAMI's relative earthquake hazard data, fifty-eight percent of the City is subject to the greatest earthquake hazard level, with an additional 21% falling into the next hazard level. These areas include developed residential and commercial areas, as well as the Washington Square Regional Center." • Bullet no.5, Again, the UBC 1997 seismic zone 3 needs to be updated to the IBC 2006 and 2007 OSSC. Findings: Staff updated this key finding to read, "the City of Tigard requires all new commercial, industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements for Seismic Zone 3,while single-family construction must conform to the Oregon One and Two Family Dwelling Specialty Code for Seismic Category Dl." • Policies no.2, In the case of seismic retrofitting structures (buildings, bridges, etc.), which is one of the best ways to reduce risk from earthquakes, structural approaches to hazard mitigation should be promoted along with non-structural. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 12 OF 14 • Findings: Staff agrees with this suggestion and the policy now reads, "The City shall promote the use of non-structural approaches to hazard mitigation when appropriate." • • Landslides Page 2: Second paragraph, states "By mapping steep slopes...etc" This is not how we figure out where landslide prone areas are located. We need to acquire LIDAR and map the existing landslides then use geologic information combined with the LIDAR slope data to: create landslide susceptibility maps. • Findings: Staff deleted the following sentence: "E . -- : :; ; - :;-- . - , _ • - . . Z. .. :: - - - - -- -., and replaced it with, "The City uses steep slopes to define sensitive lands in the Community Development Code and has special requirements for development in these areas. When LIDAR information is available:the City will evaluate the effectiveness of this approach to identifying landslide hazards and limiting:their impact on the community." Page 3: Bullet no. 8, I'm not sure if this is correct? Findings: Bullet number 8 reads, "The most common type of landslide in Washington County is caused by erosion." The Washington County Natural Hazards Mitigation Plan reads, "Slides caused by erosion are the most common type of landslide in Washington County (Page 5-2)." Staff recommends leaving this key finding in the Comprehensive Plan. Bullet no. 10,You need to figure out the landslide susceptibility through modern techniques as suggested above before estimates of percentage susceptible should be estimated. Findings: Staff agrees with this suggestion and updated the key finding to read, "It is estimated about 3% of the City's land, or 286 acres,is greater than 25% slope. "In additierr, Policies no. 2. Again, non-structural approaches to hazard mitigation should be promoted along with structural. Findings: Staff agrees with this suggestion and the policy now reads, "The City shall promote the use of non-structural approaches to hazard mitigation when appropriate." Page 4: no. 5. Once new LIDAR based landslide maps are created, the building codes and or a landslide ordinance should be updated/created and enforced. Findings: The Building Division suggested the policy be changed to read, "The City shall apply and enforce the most current building code standards to protect the built environment from natural" • disasters and other hazards." Staff feels this incorporates the changes suggested by DOGAMI. Some items not included, which should be added include: Public education on predisaster mitigation and post disaster recovery. Risk assessment • Institutional and/or long term mitigation plans. • Findings: Public Education and disaster recovery will be addressed in the Public Safety section of the Public Facilities chapter. Both the Hazards Policy Interest Team and the Department Review Team STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:.NATURAL HAZARDS • PAGE 13 OF 14 • • have made suggestions to be included in this section. Staff added an action measure to address risk assessment and mitigation plans. The action measure reads: xii. Complete the Tigard Natural Hazards Addendum to the Washington County Natural Hazards • Mitigation Plan and include risk assessments and mitigation action items. SECTION VIII. CONCLUSION The proposed changes comply with the applicable Statewide Planning Goals, Metro regulations, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Therefore, Staff recommends that the Planning Commission recommend approval of the Comprehensive Plan Amendment to the Tigard City Council as determined through the public hearing process. • ATTACHMENT: • • EXHIBIT A: PROPOSED AMENDMENTS TO THE, TIGARD COMPREHENSIVE • PLAN. EXHIBIT B: CLEAN WATER SEERVICES COMMENTS EXHIBIT C: DOGAMI COMMENTS Z• : �n . r , September 7, 2007 PREPA' S B`�' arissa Daniels • DATE Associate Planner • / / • September 7,2007 APPROVED BY: Ron/tun( . DATE Planning Manager • STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 14 OF 14 • • Exhibit C CITY OF TIGARD PLANNING COMMISSION Meeting Minutes September 17, 2007 • 1. CALL TO ORDER • President Inman called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center,Town Hall,at 13125 SW Hall Blvd. • 2. ROLL CALL Commissioners Present: President Inman;Commissioners Anderson, Caffall,Doherty,Fishel, Hasman,Muldoon,and Vermilyea Commissioners Absent; Commissioner Walsh Staff Present: Ron Bunch,Long Range Planning Manager;Marissa Daniels,Assistant Planner; Jerree Lewis,Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS Commissioner Caffall reported that the CAC met with ODOT. Their final report is ready and they will go to City Council in October. Ron Bunch advised that the meeting with Council will be November 20th. Council will be asked to direct staff to amend the Transportation System Plan. This will allow the City to be in line for grants and other kinds of assistance to implement the Hwy. 99W Plan. 4. APPROVE MEETING MINUTES • Motion by Commissioner Muldoon seconded by Commissioner Caffall to approve the August 6,2007 meeting minutes as submitted. The motion was approved as follows: AYES: Anderson, Caffall,Doherty,Fishel,Hasman,Inman,Muldoon,Vermilyea NAYS: None ABSTENTIONS: None EXCUSED: Walsh Motion by Commissioner Muldoon seconded by Commissioner Hasman to approve the August 20, 2007 meeting minutes as submitted. The motion was approved as follows: AYES: Anderson, Caffall,Doherty,Fishel,Hasman,Inman,Muldoon,Vermilyea NAYS: None ABSTENTIONS: None PLANNING COMMISSION MEETING MINUTES-September 17,2007-Page 1 • • EXCUSED: Walsh 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00002 Tigard Comprehensive Plan Update of Statewide Planning Goal 7:Natural Hazards REQUEST: Amendments to the current Comprehensive Plan Topic 3: Natural Features and Open Space by updating the goals,policies and recommended action measures to reflect current community conditions and values.The complete text of the proposed Amendment can be viewed on the City's website at • http://www.tigard-or.gov/code_amendments. LOCATION: Citywide. ZONE: All City zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2,3 &7;Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1,2,7,9 and 11. STAFF REPORT Assistant Planner Marissa Daniels presented the staff report on behalf of the City. She reported that Hazards (Goal 7) is the second Comprehensive Plan Amendment to update the current Comprehensive Plan. The Planning Commission held a workshop on August 20t.to discuss the draft goals, policies, and recommended action measures that were • formulated based on the input from the policy interest and department review teams. At the workshop, the Planning Commission requested subheadings be added to the introductory text. The following subheadings have been added to the text: Earthquake,Wildfire, Landslides, Flooding, and Other Hazards. The Planning Commission also recommended that"native plant species" be replaced with "non-invasive species" throughout the Comprehensive Plan. Goal 7.1 Policy #13 has been updated to reflect this change: 1. The City shall retain and restore existing vegetation with non-invasive species in areas with landslide potential to the greatest extent possible. Planning Commissioners recommended adding an action measure under Goal 7.1 to research and implement standards to prevent inappropriate land uses in high hazard areas. This action measure reads as follows: i. Research and implement standards to ensure only appropriate land uses are allowed in high hazard areas. • Daniels advised that suggestions received from DOGAMI and CWS have been • incorporated. In addition to changes in the text, Daniels forwarded 2 suggestions to the Policy Interest Team for the Public Safety Section (undergrounding of utilities and emergency notification of severe weather conditions and consequences). PLANNING COMMISSION MEETING MINUTES—September 17,2007—Page 2 • . • Daniels advised that she received comments from resident John Frewing. His comments and staff responses are shown in Exhibit A. • • Daniels stated that staff finds the proposed changes comply with the applicable criteria and recommends the Planning Commission recommend approval of the amendment to the City Council. Staff was asked if there are any areas that are at risk, but outside of the 100-year floodplain at this time. Are there high-risk areas on another stream bed? Staff answered no. If it were determined later that there were areas that needed to be added, the City could go through the FEMA process for updating. PUBLIC TESTIMONY John Frewing, 7110 SW Lola Lane,Tigard 97223 testified that he would like to add substance to the words regarding hazards. His comment is the same comment that CWS provided to the City. He feels there isn't enough guidance for City staff or citizens as to what is meant by these various terms. - Frewing said he was told by staff that vague terms are intended to trigger engineering site studies. It's his experience that such studies are either not done or are done with no standards at all. Perhaps we should detail what an engineering site study should be. With regard to his second comment (Exhibit A),he believes the words"promote non- structural approaches when appropriate" are words that say nothing. Tigard should be more clear on what they want to do about non-structural approaches. We could say we "prefer" non-structural approaches to avoiding hazards of floods, etc. With regard to the 100-year floodplain,Frewing testified that 80% of Tigard's perennial streams are not covered by the Corps of Engineers FEMA study that defines the 100-year floodplain level. He gave Ash Creek and Pinebrook Creek as examples. Staff advised that the City.has undertaken an analysis of flood hazard areas. The Tigard Resource Report shows Ash Creek, Fanno Creek,Summer Creek,Red Rock Creek, and the Tualatin River Basin in the floodplain. In order to apply FEMA regulations, flood areas have to be on the FEMA maps. Map revisions have to be part of a l-EMA-approved process in order to be regulated. The City participates in the National Flood Insurance Program. In order to participate in the program,we have to comply with all FEMA standards. The City has undertaken a drainage master plan that looks at water flows. We've also worked with the Army Corps of Engineers to update the maps. The most recent maps were updated in 2005. The City can ask FEMA to undertake additional studies or to undertake site-specific problems of areas of localized flooding. President Inman noted that it's a very PLANNING COMMISSION MEETING MINUTES-September 17,2007-Page 3 • • • extensive, expensive process to update FEMA maps. Also,if any of the floodplain maps touch your property, you're required to have additional flood insurance or you have to have an engineer certify that you are outside of the floodplain. When it comes to a property that's not FEMA-mapped,but does have a drainageway through it and is in the process of developing, there are many code standards that CWS addresses to look at the impact of the development. - PUBLIC HEARING CLOSED Staff confirmed that FEMA is the bare minimum that the City has to do in terms of regulating floodplain. The 100-year floodplain is the basis for the flood insurance program. The Natural Hazards section in the Comp Plan is where we acknowledge that we will comply with FEMA requirements. Statewide Planning Goal #7 obligates the City to comply with FEMA flood regulations. Commissioner Vermilyea believes it's redundant to put a policy in the Comp Plan when we're already obligated by State law to do it. Ron.Bunch said it's important in terms of overall applicability to the Federal Flood Insurance Program. It's an affirmation that we will comply with the law. President Inman disagreed. She believes in goal setting,but she's not sure this is something that needs a higher goal set. Is there a fundamental need to set a higher standard? Commissioner Muldoon noted that,typically, state& federal regulations are looking for demonstration of due diligence and intent to comply. Its absence poses a negative for the City. When we talk about redundancy,we're talking about eliminating evidence of willingness to comply. Ron Bunch advised that there is some leeway as to what extent jurisdictions have to comply with FEMA regulations. Some communities allow much more development in the floodplain than is possible in Tigard or other Metro communities. Tigard has adopted a strict standard in which there is 0' rise allowed in the floodway. Commissioner Muldoon asked about action measures for pre-positioning any kind of floodflow devices (e.g., sandbags or barriers). Staff said that sort of thing would be more appropriate in a hazard mitigation plan. Mitigation plans contain tactics to address this kind of thing. • To keep the language from being confusing and vague in both Policy 7.1.1(Natural Hazards) and Policy 3.1.1 (Natural Features and Open Space),the following change was suggested for both policies: "The City shall not allow development in areas having the following development limitations except where ' . - . • - • • : • - - - - = - - the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development:..." PLANNING COMMISSION MEETING MINUTES-September 17,2007-Page 4 • • Discussion was held about the use of non-structural approaches to hazard mitigation. Staff said this could mean: • don't develop in floodplains,there is a 0'rise • less density on steep slopes; roads could be graded along the contours only in those areas that don't require extensive structural modification • in areas subject to wildfires, defensible space type techniques could be used • earthquakes would require a structural approach - Staff advised that with Policy #7.1.2,the onus would be on the City to utilize non-structural approaches to hazard mitigation. Some of the action measures would have to be incorporated into the Development Code. Currently,the Development Code is very structurally oriented. After further discussion,it was decided to change the language for Policy 7.1.2 to read: "The City shall promote favor the use of non-structural approaches to hazard mitigation when apprePtiftte." Motion by Commissioner Doherty seconded by Commissioner Muldoon for a recommendation of approval by City Council of the staff report for CPA 2007-00002 with the following changes: .• Under Policy #1,it would read, "The City shall not allow development in areas having the following development limitations except where the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development." The rest (A,B ,C,D)would be the same. • Policy#2 would read, "The City shall favor the use of non-structural approaches to hazard mitigation." • Policy 3.1.1 would read, "The City shall not allow development in areas having the following development limitations except where the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make.the area suitable for the proposed development." The motion was approved as follows: AYES: Anderson,Doherty,Fishel,Hasman,Inman,Muldoon NAYS: Vermilyea ABSTENTIONS: Caffall EXCUSED: Walsh G. OTHER BUSINESS None 7. ADJOURNMENT • PLANNING COMMISSION MEETING MINUTES-September 17,2007-Page 5 • • The meeting was adjourned at 8:55 p.m. and then reopened to allow for clarification of the vote. Commissioner Vermilyea stated that he voted against the motion,not because of the amended language with respect to 7.1,but rather with the fact that we are putting in our Plan statements that we will comply with existing law that we already have obligations to comply with. There are 2 separate incidents in this proposal. He thinks it's bad policy to do that because it clogs up the statute and makes it unclear. He also believes we didn't do enough to address the issue of the 100-year floodplain. It should have been addressed in more detail. Commissioner Caffall advised that he abstained from voting on the motion primarily because of the 100-year floodplain issue and that we did not address the secondary stream issues. He's also a little confused on where the overall language is going to end up. The meeting adjourned at 9:03 p.m. Jerree is,Planning ssion Secretary c.) .ATTEST: President Jodie Inman • PLANNING COMMISSION MEETING MINUTES—September 17,2007—Page 6 Marissa Daniels -Comments for Hazardsliption, Tigard Comp Plan • From: "John Frewing"<jfrewing @teleport.com> • To: "Marissa Daniels" <Marissa @tigard-or.gov> Date: 9/17/2007 3:10:21 PM Subject: Comments for Hazards Section, Tigard Comp Plan Matisse, • • Below are John Frewing comments on your draft Hazards,section of the new Tigard Comp Plan. The gist • of these comments is that we in Tigard can do better than proposed in your policies to prevent and manage hazards. Please give to the Planning Commission at the start of this evening's hearing. • 1 In at least several instances, the avoidance of definitions or the use of very narrow definitions reduce the effectiveness of policies. For example, reference to'established and proven engineering techniques'and reference to'severe soil erosion', 'subject to slumping, earthslides or movement','slopes in excess of 25%' and'severe weak foundation soils' in draft Policy 1 of Goal 1 do not state a clear policy. The record - of developing this,policy give no guidance to staff or citizens on the degree of protection which the city • intends. In other discussion, findings and policies, (ie for other issues), reference is made to codes or texts which define important terms, but not for Policy 1. For example, the measurement of slopes in excess of 25% is a much debated item and exists with great precision in CWS materials. For example, .should one measure from one edge of the property to another and see if 25% is exceeded? Should one use 2-foot, 10-foot or 50-foot segments to measure slope? Where should one start to measure slope? t urge the Planning Commission to direct staff to provide definitions of the operative terms in the policies proposed before Planning Commission approval. • 2 The wording of Policy 2 of Goal 1 is'weak kneed' at best. Tigard should do more than 'promote' non- structural approaches to avoiding hazards,whatever 'promote' might mean. Tigard should identify, regulate and enforce the use of non-structural approaches. The use of the 'when appropriate'term basically says nothing, giving no guidance to staff as to appropriate conditions for use of non-structural measures. This'when appropriate'term also allows dangerous developers to argue that a given situation • is not'appropriate'. 1 urge the Planning Commission to direct staff to make Policy 2 meaningful. 3 Policies 7, 8 and 9 of Goal 1 refer to a 100-year flood, a very important concept in avoiding hazards in any community. However, as used in these policies, it refers only to the locations defined as being subject to a 100-year flood in documents issued by FEMA. The 100-year flood exists on every stretch of every stream,whereas FEMA only maps the 100-year flood on Fenno Creek and the very lowest portions of tributaries. Tigard should eliminate hazards associated with floods by applying its setbacks, floodproofing and development limits to all portions of all streams and their associated 100-year flood levels and flows. I - urge the Planning Commission to direct staff to clarify that reference to 100-year floods and streamflows apply to all portions of all streams. • 4 Policy 2 of Goal 2 should be strengthened. Certainly communication among agencies is a mandatory function of city government regarding things like pest infestations and communicable diseases. However, Tigard citizens deserve more than that. Other cities have workable regulations regarding standing water (west nile virus, mosquito breeding) and bird-transmitted diseases. I urge the Planning Commission to direct staff to research and draft policies that will ensure later staff development of regulations to manage such hazards. Page 1 Aarissa Daniels-Comments for Hazards 5e , I igarcf tromp!lap_ - ra c Thank you, John Frewing 7110 SW Lola Lane,Tigard, OR 97223 • • • • • Page 2 • • • • Staff Response to Comments submitted by John Frewing on September 17, 2007: 1. Suggested definitions: The degree of protection a. `established and proven engineering techniques' b. `severe soil erosion' c. `subject to slumping,earthslides, or movement' d. `slopes in excess of 25%' e. `severe weak foundation soils' Staff Response: Staff recommends against writing specific definitions for these terms. Policy 1 reads almost identically to Policy 3.1.1 of the current Comprehensive Plan. Presently,definitions of these terms are not included in the Comprehensive Plan as the degree of protection is determined by an engineer's site-specific analysis. The bottom line is that established and proven engineering techniques can change over time, and the other definitions are best left to an engineering geologist. General definitions may be appropriate for a future code update,but are best left out of the Comprehensive Plan. . 2. Policy 2 of Goal 7.1: Suggested policy language Identify, regulate, and enforce the use of non-structural approaches to hazard mitigation. Staff Response: This policy was amended to reflect the comments of the Oregon Department of Geology and Mineral Industries (DOGAMI). While non-structural approaches to hazard mitigation are appropriate for protection against landslides and flooding, structural approaches to earthquake mitigation are more appropriate. For wildfire, both structural (i.e. roof composition) and non-structural (i.e. the creation and maintenance of defensible space) are important. Thus,this policy has been revised to read, "The City shall promote the use of non-structural approaches to hazard mitigation when appropriate." 3. Policies 7, 8, and 9: The definition of the 100-year floodplain Staff Response: Staff recommends against revising the definition of the 100-year floodplain to include all streams and areas that might be within their respective 100-year floodplains. It is the intent of this suggestion that Tigard should eliminate all hazards associated with floods. This is not possible.This suggestion was also brought up at the first Policy Interest Team meeting(PIT). Other members of the PIT discussed that the City could spend its entire budget on hazards mitigation and still be vulnerable to the unimaginable. FEMA and The Army Corps of Engineers are really the experts in this field. Furthermore, FEMA standards allow for study and designation of additional flood areas if done according to approved criteria and certified by the Corps. This would result in a map change, not a definition change. Page 3 • • • • • 4. Policy 2 of goal 7.2: Research and draft policies to manage hazards such as pest • infestations and communicable diseases. Staff Response: Again, this section of the Comprehensive Plan goes above and beyond Statewide Planning Goal 7.The number of possibilities for inclusion in this section is limitless. This policy is intended to be specifically about communication. The mitigation plan is a more appropriate place to include hazard specific risk assessments and mitigation action items.Staff recommends against revising this policy to include all possible scenarios. • Page 4 • • Exhibit D 1, MEMORANDUM T I GARD TO: Mayor Craig Dirkson and Members of City Council FROM: Marissa Daniels,Assistant Planner RE: Council Workshop - CPA2007-00002 DATE: Ocober 1, 2007 At the October 16th City Council meeting, staff will present the proposed goals, policies, and recommended action.measures (see the end of this memo for definitions and obligations) for the Hazards (Statewide Planning Goal 7) chapter of the updated Comprehensive Plan. The proposed language was approved and recommended by the Planning Commission at the September 17th public hearing. Staff will discuss the proposed language, answer questions, and provide any requested information that will help assist Council in making its decision at the November 27th public hearing. Throughout the process of working with citizens, City departments, and the Planning Commission, staff has stressed that proposed Comprehensive Plan language must be capable of being implemented and in the interest of the whole community. Staff has worked closely with citizen stakeholders to explain the implications of certain policy recommendations. Most of the time, the process has achieved a consensus outcome. In staff's role as facilitators, we presented the best professional advice possible to all involved. Sometimes this professional advice was contrary to the wishes of the citizens, but staff has not unilaterally changed or removed citizen recommendations. It is the role of the Planning Commission to recommend, and the City Council to determine,City policy. The general discussion by the Planning Commission on the Hazards chapter and the major principles included was as follows: Hazards Chapter (Statewide Planning Goal 7) The key principles included in this chapter revolve around the four state identified hazards, which apply to Tigard: earthquakes, landslides, floods, and wildfire. The citizens also realized the importance of including hazards which are not called out in Statewide Planning Goal 7, for example, severe weather events and man-made hazards. 1:\LRPLN\Council Materials\2007\12-4-07 Exhibit D CPA 2007-00002doc 1 • • The Planning Commission engaged in a long and thoughtful deliberation on a few policies and recommended action measures. To clarify the language in both Policy 7.1.1 (Natural Hazards) and Policy 3.1.1 (Natural Features and Open Space), the Planning Commission recommended clarifying that the burden of proof is on the developer to show that generally accepted engineering techniques are able to make an area susceptible to hazards suitable for a proposed development. In Policy 7.1.2 the Planning Commission debated the words "promote" and "when appropriate" in reference to the use of non-structural approaches to hazard mitigation. The Planning Commission eventually reached a consensus to strengthen the Policy to read that the City will favor the use of non-structural approaches to hazard mitigation. "When appropriate" was originally added to the policy language in response to comment by the Oregon Department of Geology and Mineral Industries that non-structural approaches are not appropriate for all types of hazards. For example, earthquake hazards really require structural approaches to mitigation. In response to the public testimony, the Planning Commission briefly discussed amending the 100- year floodplain definition. Currently the City relies upon FEMA and the US Army Corps of Engineers to map the 100-year floodplain. It was brought to the attention of the Planning Commission that currently some of Tigard's small perennial streams are not included in the FEMA 100-year floodplain maps. This issue is part of the reason Commissioner Vermilyea voted against the motion, and Commissioner Caffall abstained from voting on the motion to recommend approval by City Council of the staff report for CPA 2007-00002 (Hazards). It is the opinion of staff that this issue is best represented as a map change and not a definition change. There is a FEMA process to delineate specific wetlands and amend the 100-year floodplain map; however, Clean Water Services just submitted 100-year floodplain updates to FEMA in March of 2006. Staff recommends deferring to the expertise of Clean Water Services in delineating the 100- year floodplain boundary. In summary, the following language changes were recommended by the Commission: 1. Goal 1, Policy 1,would read: 1. The City shall not allow development in areas having the following development limitations except wher- • : - :- - - : .. - .- ; -- : : : - -: ; - : -- the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development: A. Areas having a severe soil erosion potential; B. Areas subject to slumping, earth slides, or movement; C. Areas having slopes in excess of 25%; or D. Areas having severe weak foundation soils. 2. Goal 1, Policy 2 would read: 2. The City shall premete favor the use of non-structural approaches to hazard mitigation. 3. In order to keep the updated policies in line with the portions of Chapter 3 which have yet to be updated, the Planning Commission recommended amending Policy 3.1.1 of the current Comprehensive Plan (Attachment C) to read: 3.1.1 The City shall not allow development in areas having the following development limitations except wher- • - - - . -- . . . - . . . -- the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the 1:\LRPLN\Council Materials\2007\12-4-07 Exhibit D CPA 2007-00002.doc 2 • • area suitable for the proposed development The rest (A) would be the same (B, C, D, and E will be stricken and replaced with Goal 1, Policy 1 in the updated Comp Plan). The Natural Resources Policy Interest Team will revisit this policy as they look specifically at wetlands. Definitions and Obligations of Goals, Policies, and Recommended Action Measures Tigard Comprehensive Plan Comprehensive Plan goals, policies, and recommended action measures have different definitions and impart different obligations to decision makers. They also relate differently to one another. The following describes goals,policies, and recommended action measures in greater detail. Goals, policies, and recommended action measures identify the intent of the City to accomplish certain results. The goals and policies relate to one another and are obligations the City wishes to assume. Recommended action measures support the obligations to achieve a desired end, but do not signify an obligation themselves. Goal Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation -The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Policy Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position with regard to implementing goals; however, they are not the only actions the City can take to accomplish goals. Obligation - The City must follow relevant policy statements when amending the Comprehensive Plan, or developing other plans or ordinances which affect land use. To amend the Comprehensive Plan, the City must show consistency with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures Definition - A statement which outlines a specific City project or standard which, if executed,would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability, etc. The City should periodically review and prioritize recommended action measures based on current circumstances, community needs, and the City's goal and policy obligations. These statements are I:\LRPLN\Council Materials\2007\12-4-07 Exhibit D CPA 2007-00002.doc 3 suggestions to future City decision-makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither . do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to, or amended, as conditions warrant. I:\LRPLN\Council Materials\2007\12-407 Exhibit D CPA 2007-00002doc 4 - • • 111111111 . *I! TIGARD CITY COUNCIL • SPECIAL MEETING f December 4 2007 6:30 p.m. TIGARD CITY HALL DT � 13125 SW HALL BLVD s ��� �� TIGARD, OR 97223 r � PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (T DD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (1'DD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA—DECEMBER 4,2007 page 1 • • AGENDA TIGARD CITY COUNCIL SPECIAL MEETING DECEMBER 4, 2007 6:30 PM . SPECIAL MEETING 1.1 Call to Order- City Council 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications &Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 6:35 PM 2. LEGISLATIVE PUBLIC HEARING -- COMPREHENSIVE PLAN AMENDMENT CPA2007-00002 — UPDATE THE GOALS, POLICIES AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS REQUEST: Amendments to the current Comprehensive Plan Topic 3: Natural Features and Open Space to update the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, and 3; Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1,2,7, 9,and 11. a. Open Public Hearing b. Rules of Procedure: City Attorney c. Declarations or Challenges - Does any Council member wish to declare or discuss a conflict of interest or abstention? d. Staff Report: Community Development Department e. Public Testimony Proponents Opponents f. Staff Recommendation g. Council Questions h. Close Public Hearing i. Council Consideration: Ordinance No. 07- COUNCIL AGENDA—DECEMBER 4,2007 page 2 • • 7:20 PM 3. LEGISLATIVE PUBLIC HEARING — COMPRHENSIVE PLAN CPA2007-00004 — UPDA'IE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STA'T'EWIDE PLANNING GOAL 11: PUBLIC FACILITIES AND SERVICES a. Open Public Hearing b. Rules of Procedure: City Attorney c. Declarations or Challenges - Does any Council member wish to declare or discuss a conflict of interest or abstention? d. Staff Report: Community.Development Department e. Public Testimony Proponents Opponents f. Staff Recommendation g. Council Questions h. Close Public Hearing i. Council Consideration: Ordinance No. 07- 8:25 PM 4. EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information • discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 8:30 PM S. ADJOURNMENT • I:\ADM\Cathy\CCA\2007\071204.doc COUNCIL AGENDA—DECEMBER 4,2007 page 3 • • TIGARD CITY COUNCIL • SPECIAL MEETING • ; . y• December 4,2007 6:30 p.m. TIGARD CITY HAIL TIGARD 13125 SW HALL BLVD TIGARD, OR 97223 PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext 2410 (voice) or 503-684-2772 (TDD-Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (i1)D - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA—DECEMBER 4,2007 page 1 AGENDA TIGARD CITY COUNCIL SPECIAL MEETING DECEMBER 4, 2007 6:30 PM 1. SPECIAL MEETING 1.1 Call to Order-City Council • 1.2 Roll Call 1.3 Pledge of Allegiance .• 1.4 Council Communications&T.iaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. LEGISLATIVE PUBLIC HEARING -- COMPREHENSIVE PLAN AMENDMENT • CPA2007-00002 — UPDATE THE GOALS, POLICIES AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS REQUEST: Amendments to the current Comprehensive Plan Topic 3: Natural Features and Open Space to update the goals,policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, and 3; Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1,2, 7,9,and 11. a. Open Public Hearing b. Rules of Procedure: City Attorney c. Declarations or Challenges - Does any Council member wish to declare or discuss a conflict of interest or abstention? d. Staff Report: Community Development Department e. Public Testimony • Proponents Opponents f. Staff Recommendation g. Council Questions h. Close Public Hearing i. Council Consideration: Ordinance No.07- COUNCIL AGENDA—DECEMBER 4,2007 page 2 • • • 3. LEGISLATIVE PUBLIC HEARING — COMPRHENSIVE PLAN CPA2007-00004 — UPDATE THE GOALS, POLICIES, AND RECOMMENDED AU TON MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 11: PUBLIC FACILITIES AND SERVICES a. Open Public Hearing b. Rules of Procedure: City Attorney c. Declarations or Challenges - Does any Council member wish to declare or discuss a conflict of interest or abstention? d. Staff Report: Community Development Department e. Public Testimony • Proponents Opponents f. Staff Recommendation g. Council Questions h. Close Public Hearing i. Council Consideration: Ordinance No.07- 4. EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are dosed to the public. 5. ADJOURNMENT • I:\ADM\Cathy\CCA\2007\071204p.doc • COUNCIL AGENDA—DECEMBER 4,2007 page 3 Marissa Daniels-Tigard Hazards CPA 2 -00002 Updated Text Page 14 From: Marissa Daniels To: mara.ulloa @state.or.us Date: 10/23/2007 3:41:22 PM Subject: Tigard Hazards CPA 2007-00002 Updated Text An updated version of the Comprehensive Plan Amendment for Goal 7: Hazards is attached. The Public Hearing will be held next month on November 27, 2007. If you have any questions please feel free to contact either Darren Wyss or myself. Thank you (and enjoy the good weather), Marissa Daniels, Assistant Planner Long Range Planning City of Tigard, Oregon 13125 SW Hall Boulevard Tigard, OR 97223 (503) 639-4171, ext. 2428 marissa @tigard-or.gov • 0 • D z ifi: e.,_:____7_2:2:7' ' " L � yfi .,. t. b-. -;„ � -- ,... .;••-y l;Y•4 r.'`t , : : t � ,� .„ F r. a. o ." ' �� Y: "' j� ea � :-5 {: "'" t p+. ; ,� x * R�i,�,.c- ^'. _ °3 k r ��• t + t# ., s _ -41% 7�� " t, ya f '4%r ‘;'. ---;.... -",_-, 1;.:'. t :* '"$^"' �r ^%s :'!; 3 4.,- }'y ti i a4714,.$ ! 'y3' .� ° , f tt :„fir 5,, ' biz 7,s Y V , ! X,4;--,:f,,,,,,, 1 yr, F4 /.: { T JY4,z,+f ":„,:44:.i.•,7 f ',za( 1 ,,'k• � r 7, z>:� +'M "'7 1 C r Hazards "To protect people and property from natural hazards. ” (110,1„, • • lardi Natural features provide a community with valuable resources but,under certain conditions, these resources may also present a hazard. For example, rivers and creeks are important for storm water conveyance, wildlife habitat,and water quality. However, these resources can quickly threaten property and people unless careful planning has documented flooding risk and adequate precautions are taken.The City's commitment to protect people and property from hazards is based on Oregon Statewide Planning Goal 7. Goal 7 lists six hazard categories to be addressed by comprehensive plans. Four of these apply to the City of Tigard:wildfire,landslides, flooding,and earthquakes. In addition, the City is also vulnerable to harm from severe weather and man- made hazards. GOAL 7: ,, C kr(0)5kb 9,kOr'azaids* . "To protect people and property from natural hazards." Tigard's citizens value a safe community where natural resources are protected and there is minimal danger from both natural and man-made hazards. Tigard residents value the importance of natural systems in protecting the community from hazards, and additionally recognize that although landslides, earthquakes, wildfires and floods occur naturally, the effects of these events are often made t worse by human activities. Hazards can have a significant negative impact on a community's quality of life. It is important for the Comprehensive Plan to provide policy direction on how the City will manage hazardous conditions and events. Land use planning, devel- opment regulation and emergency management play key roles in assessing and reducing the risk to people and property from hazards. It is important for local governments to have an understanding of underlying natural conditions and past event history to develop hazard mitigation and prevention programs. EARTHQUAKES Because hazards, such as earthquake faults and floodplains, extend across jurisdictional boundaries,it is essential to coordinate planning and emergency response services regionwide and with the state and federal governments. For example, due to the scale and complexity of earthquakes,Tigard coordinates with the Oregon Department of Geology and Mineral Industries (DOGAMI). In addition to DOGAMI,Tigard coordinates with Metro,Washington County, and other jurisdictions to mitigate the risk associated with an earthquake.To Comprehensive Plan I City of Tigard 7-1 • • HAZARDS minimize loss of life and property from earthquakes, the City requires all new commercial,industrial,and multifamily structures to conform to Oregon Structural Specialty Code requirements,while single-family construction must conform to the Oregon One and Two Dwelling Specialty Code for seismic category D1. WILDFIRE In Tigard,wildfire is characterized by the Urban Interface Zone, or the urban- rural fringe where homes and other structures are built onto a densely forested or natural landscape. The Oregon Department - of Forestry implements the Oregon Forestland- Hazards Urban Interface Fire Program,which is expected can have a to be fully implemented by 2011,in order to protect interface communities in Oregon from significant wildfire. The City of Tigard works with Tualatin t,, Valley Fire and Rescue (TVF&R) to mitigate the negative effects of wildfire.TVF&R is responsible for impact on a all fire prevention and education,and has the opportunity to comment on all development community's applications.TVF&R also maps the urban inter- face zone in Tigard. The Oregon Department quality of of Environmental Quality (DEQ) controls both backyard and agricultural burning in Oregon; life. however,Tigard is within the DEQ permanent burn-ban area in an effort to reduce the risk of 77'7 '` wildfire as a result of backyard burning. LANDSLIDES People and property are best protected from landslide when building struc- tures and roads are not built within areas prone to mass movement. Although landslides are a natural geologic process, the incidence of landslides and their impacts on people can be exacerbated by human activities. Such human activities include grading for road construction and development, excavation, drainage and groundwater alterations, and changes in vegetation.The City uses steep slopes to define sensitive lands in the Community Development Code and has special requirements for development in these areas. When LIDAR information is available the City will evaluate the effectiveness of this approach to identifying landslide hazards and limiting their impact on the community.Also, by retaining 7-2 City of Tigard I Comprehensive Plan • • vegetation and natural drainageways in these areas, the City can work to identi- fying landslide hazards and limiting their impact on the community. The effects of landslides are often more widespread than the physical area they inhabit, as landslides can affect utility services, transportation systems, and critical lifelines. Floods are FLOODING O ' regon s Floods are influenced by a number of factors, most including the amount and intensity of precipita- tion,geography and geology, and development frequently activity.The City of Tigard cannot control precipitation or the community's soil type but can occurring control development activity which contributes natural to,and is affected by, flooding. The City coordi- nates with several agencies to mitigate the risk disaster. of flooding. The FEMA designated floodplain is used to administer the national flood insurance program (NFIP). The floodplain serves as the FEMA flood hazard regula- tory area. Within this area, development activities are regulated to minimize impacts on floodwater flows and storage areas to reduce impacts from flood events. Oregon state law regulates development within the 100-year floodplain and Tigard complies through adoption of Metro's Urban Growth Management Functional Plan,Title 3. The Sensitive Lands chapter of the Tigard Community Development Code implements Title 3 through the Clean Water Services' Design and Construction Standards. Floods can have a devastating impact on almost every aspect of the community, • including private property damage,public infrastructure damage,and economic loss from business interruption.The City has been proactive in mitigating flood hazards by purchasing floodplain property. These areas,if left undisturbed,can act to store excess floodwater.The Oregon Division of State Lands (DSL), jointly with the U.S. Army Corps of Engineers,requires a permit for develop- ment within the waters of the United States. Any disturbance to a water body and its associated floodplain is covered through this process. OTHER HAZARDS Tigard is also at risk of non-natural or man-made hazards. Although statewide planning goal 7 addresses natural hazards, other hazards are included in this Comprehensive Plan I City of Tigard 7-3 • • GOHAZARDS chapter as the community is concerned about protection from non-natural hazards as well as natural hazards. Other hazards addressed by this section may include mass casualty transportation accidents, hazardous material releases, severe storms, terrorism, epidemics, and infestation. Tigard coordinates planning for non-natural hazardous occurrences with other jurisdictions and agencies from around the state. KEY FINDINGS • The Cascadia Subduction Zone could potentially cause a 9+ magnitude earthquake, affecting Tigard. • Tigard is subject to more frequent shallow earthquakes (crustal fault earthquakes). These events typically do not exceed magnitude 4, but could go up to magnitude 7. • According to DOGAMI's relative earthquake hazard data, fifty-eight percent of the City is subject to the greatest earthquake hazard level, In Tigard, with an additional 21% falling into the next hazard level. These areas include developed wildfire is residential and commercial areas, as well as the characterized s Washington Square Regional Center. • Wood-frame homes tend to withstand by the Urban earthquakes better than unreinforced brick buildings. Interface • The City of Tigard requires all new commercial,industrial, and multifamily Zone. structures to conform to Oregon Structural Specialty Code requirements,while single- family construction must conform to the Oregon One and Two Family Dwelling Specialty Code for Seismic Category Dl. • The increasing number of homes being built in the urban interface zone is increasing the threat of wildfire in Tigard. More than 30%of all land in Tigard is vulnerable to wildfire. • Tigard is within the Oregon Department of Environmental Quality's permanent burn ban area, so backyard burning is not allowed anywhere within Tigard. • The most common type of landslide in Washington County is caused by erosion. • Landslides within Tigard have historically not caused major property 7-4 City of Tigard I Comprehensive Plan • • (11) damage. However in other parts of the Portland metropolitan region they have caused considerable damage. • It is estimated about 3% of the City's land,or 286 acres,is vulnerable to landslides. • Human activities such as deforestation, stream alteration, and urban development within the Tualatin basin have significantly altered the hydrology of the watershed. This has resulted in increased water runoff and greater potential for flooding. • Floods are Oregon's most frequently occurring natural disaster. • The 100-year floodplain includes six streams and 7.9%of all land area in Tigard. • As of June 2006,Tigard owns 34% of the 100-year floodplain. • Tigard residents are concerned about the effects of all other hazards on the community. GOAL 7.1 Protect people and property from flood, landslide, earthquake,wildfire, and severe weather hazards. • POLICIES 1. The City shall not allow development in areas having the following development limitations except where the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development: A. Areas having a severe soil erosion potential; B. Areas subject to slumping, earth slides, or movement; C. Areas having slopes in excess of 25%; or D. Areas having severe weak foundation soils. 2. The City shall favor the use of non-structural approaches to hazard mitigation. 3. The City shall coordinate land use and public facility planning with public safety providers (law enforcement, fire safety, and emergency service providers) to ensure their capability to respond to hazard events. 4. The City shall design and construct public facilities to withstand Comprehensive Plan I City of Tigard 7-5 • • GOHAZARDS hazardous events with a priority on hazard protection of public services and facilities that are needed to provide emergency response services. 5. The City shall apply and enforce the most current building code standards to protect the built environment from natural disasters and other hazards. 6. The City shall enforce standards requiring the creation and maintenance of defensible space around habitable structures located in wildfire • hazard areas. 7. The City shall comply with the Federal Emergency Management Agency (FEMA) flood regulations,which include standards for base flood levels, flood proofing, and minimum finished floor elevations. 8. The City shall prohibit any land form alterations or developments in the 100-year floodplain which would result in any rise in elevation of the 100-year floodplain. 9. The City shall not allow land form alterations or development within the 100-year floodplain outside the zero-foot rise floodway unless: A. The streamflow capacity of the zero-foot rise floodway is maintained, and B. Engineered drawings and/or documentation shows there will be no detrimental upstream or downstream effects in the • floodplain area. 10. The City shall work with Clean Water Services to protect natural drainageways and wetlands as valuable water retention areas and,where possible, find ways to restore and enhance these areas. 11. The City shall comply with Metro Title 3 Functional Plan requirements for balanced fill and removal in the floodplain. 12. The City shall minimize impervious surfaces to reduce storm water runoff. 13. The City shall retain and restore existing vegetation with non-invasive species in areas with landslide potential to the greatest extent possible. 14. The City shall work to reduce the risk of loss of life and damage to 7-6 City of Tigard I Comprehensive Plan • (ID property from severe weather events. RECOMMENDED ACTION MEASURES • i. Place land acquisition priorities on high hazard areas to be used for recreation or open space purposes. ii. Update and maintain accurate information natural hazard risks and past The '' events. incidence of tg. iii. Publicize and maintain maps of high landslides hazard areas. Address planning for the protection of and their T. public facilities and services from hazards impacts on in the Tigard Public Facilities Plan and people can be ` Community Investment Plan. : v. Retrofit existing public facilities and exacerbated ° services to contemporary standards to by human better withstand natural disasters and activities. hazardous occurrences. vi. Recognize some existing buildings have not been built to contemporary building code standards and seek ways to encourage their retrofit to modern codes. vii. Design and Implement a natural hazards home inspection program. viii.Update and maintain a list of essential and critical facilities to be used in hazards planning. ix. Work with Tualatin Valley Fire and Rescue Community Safety Program to provide information and education about urban interface wildfire to Tigard citizens. x. Adopt the Tualatin Valley Fire and Rescue Wildfire Hazard Map and implement the Wildfire Hazard Mitigation section of the Oregon Residential Specialty Code. • Comprehensive Plan I City of Tigard 7-7 • HAZARDS xi. Provide information and access to resources for property owners who wish to assess the ability of their buildings to withstand natural hazards. xii. Continue to maintain eligibility for the National Flood Insurance Program. xiii.Research and implement standards to ensure only appropriate land uses are allowed in high hazard areas. xiv. Complete the Tigard Natural Hazards Addendum to the Washington County Natural Hazards Mitigation Plan and include risk assessments and mitigation action items. GOAL 7.2 Protect people and property from non-natural hazardous occurrences. POLICIES 1. The City shall design, construct,and coordinate the surface transportation system to reduce the potential for mass casualty accidents and to provide the ability to evacuate when necessary. 2. The City shall encourage communication and coordination among a wide variety of agencies to respond to technological and man-made disasters. RECOMMENDED ACTION MEASURES i. Keep a current inventory of locations where hazardous materials might pose a danger to the public,including storage and transportation areas. ii. Update and maintain the Tigard Emergency Operations Plan to ensure essential governance and public safety services are available during a disaster. iii. Continue to work with the Washington County Office of Emergency Management to: 7-8 City of Tigard I Comprehensive Plan • Cir) A. Coordinate emergency preparedness education for Tigard residents, B. Provide ongoing responder training and exercises, C. Coordinate regionwide hazards response,and D. Provide hazards information and resources countywide. iv. Continue to implement the Community Emergency Response Team (CERT) Program for community members and City staff. v. Encourage projects that enhance medical treatment capabilities and capacity. Comprehensive Plan I City of Tigard 7-9 • 110 TIGARD PLANNING COMMISSION AGENDA q • I SEPTEMBER 17, 2007 7:00 p.m. TIGARD TIGARD CIVIC CENTER—TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 7:00 p.m. 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:02 p.m. 3. COMMUNICATIONS 7:10 p.m. 4. APPROVE MINUTES 7:15 p.m. 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00002 Tigard Comprehensive Plan Update of Statewide Planning Goal 7: Natural Hazards REQUEST: Amendments to the current Comprehensive Plan Topic 3: Natural Features and Open Space by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, 3 & 7;Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1, 2, 7, 9 and 11. 8:15 p.m. 6. OTHER BUSINESS 8:25 p.m. 7. ADJOURNMENT ` • 0 Agenda Item: Hearing Date: September 17,2007 Time: 7:00 PM STAF•FREPO4R�� - --- T>TTHE� - _ �.P - IANN N_G C`O1VhMIS�SI=ON�� :: _ FF: ''ft li ORT HE` ���I<- ''C 'I`Y�`• OF TI°-GARD`.O�RE:GO :>•,.��;xr�` ` . - •z... ;; . ,;�,��.:'__ T I CARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE GOALS, POLICIES,AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS FILE NO.: Comprehensive Plan Amendment(CPA) CPA 2007-00002 PROPOSAL: The City is requesting approval of a Comprehensive Plan Amendment to amend the current Comprehensive Plan Topic 3: Natural Features and Open Space by updating the Goals, Policies, and Recommended Action Measures to reflect current community conditions and values. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: Citywide ZONING ' DESIGNATION: ' All City zoning districts COMP PLAN: All City comprehensive plan designations APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Topics 1,2, and 3;Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1, 2, 7,9, and 11. SECTION II. STAFF RECOMMENDATION Staff recommends that_the Planning_Commission.-finds:this:request to�meet:the necessary..app,roval criteria. Therefore, staff recommends APPROVAL_to,ahe-Tigard',:City,Council;to_amend:tle'T:igard Comprehensive Plan to revise.Section 3.1.and-3 2 of:Topic 3 as:determined'through the public hearing process. - _ STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 1 OF 14 SECTION III. BACKGROUND INFORMATION Project History The Tigard Comprehensive Plan is the primary document that guides land use decisions within the community. It outlines goals, policies, and recommended action measures that are intended to reflect the community's values and aspirations for a broad range of matters relating to land use planning and growth management. It also aims to organize and coordinate the relationships between people, land, resources, and facilities to meet the current and future needs of Tigard. The Tigard Comprehensive Plan is required by State law and must conform to 12 of the 19 Oregon Statewide Planning Goals. Land development and related activities, including the City's development codes, also must be consistent with adopted Comprehensive Plan goals and policies. • It is now seven years beyond the year 2000 planning horizon of the City's 1983 Comprehensive Plan. Tigard has grown dramatically since 1983, from 18,379 residents. to 46,300 today. Jobs and business activity have grown just as fast. Although minor updates have taken place over the years, the 1983 Plan, in many ways, does not reflect current and projected community conditions. For this reason, it is necessary to undertake a thorough update. This is important to ensure the Plan remains a viable tool for decision-makers and citizens to use when seeking policy direction regarding land use and Tigard's future. For this reason, the Tigard City Council has made it a goal to update the Comprehensive Plan. The first step in updating the Tigard Comprehensive Plan involved City staff developing a fact base to • inform the update. The result was the Tigard 2007 resource document completed in February 2007. Key findings from Tigard 2007, combined with community issues and values, form the basis for Plan goals, policies, and recommended action measures. Community issues and values were identified through the community's visioning process and a number of surveys completed over the last several years. The second step involved community volunteers and stakeholders coming together to develop draft goals, policies, and recommended action measures. These Policy Interest Teams have been meeting over the past several months to discuss Comprehensive Plan topics in which they share an interest. City Department Review Teams then review and provide comment on the work of the policy interest teams. These final draft goals, policies, and recommended action measures are then forwarded to the Planning Commission to begin the legislative process:. Since each of the Policy Interest Teams are moving at their own pace, Staff will be bringing a series of Comprehensive Plan Amendments (CPA) through the legislative process over the next several months. Each CPA will correspond to a Statewide Planning Goal that is applicable to Tigard. The CPA will strike the appropriate language from the existing plan and replace the language with an updated chapter • that addresses that particular Statewide Planning Goal. • Hazards (Goal 7) is the second Comprehensive Plan Amendment to update the current Comprehensive Plan. The Planning Commission held a workshop on August 20th to discuss the draft goals, policies, and recommended action measures that were formulated based on the input from the policy interest and department review teams. At the Planning Commission workshop, the following changes were requested (also found in Exhibit A with deleted text as strikeouts and added text bold and underlined): • • The Planning Commission requested subheadings be added to the introductory text. The following subheadings have been added to the text: STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 2 OF 14 • • Earthquake Wildfire • Landslides Flooding Other Hazards The Planning Commission recommended that "native plant species" be replaced with "non-invasive species" throughout the Comprehensive Plan. Goal 7.1 policy 13 has been updated to reflect this change: 13. The City shall retain and restore existing vegetation with non-invasive species in areas with landslide potential to the greatest extent possible. Planning Commissioners recommended adding an action measure under Goal 7.1 to research and implement standards to prevent inappropriate land uses in high hazard areas. This action measure reads as follows: xi. Research and implement standards to ensure only appropriate land uses are allowed in high hazard areas. • Proposal Description The primary intent of the proposed changes is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. This amendment is the second in a series of amendments that will update the Comprehensive Plan in its entirety. This amendment will update Statewide Planning Goal 7 with goals, policies, and recommended action measures that will serve as the "legislative foundation" in regards to natural hazards. Land use actions and amendments to the Tigard Development Code will be based on the new language included in this amendment. Below is an explanation of the terms that create the "legislative foundation": Goal • Definition -A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation - The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Poliy Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. • STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 3 OF 14 • Obligation - The City must follow relevant policy statements when amending the Comprehensive Plan, • or developing other plans or ordinances which affect land use. To amend the Comprehensive Plan, the • City must show consistency with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures Definition - A statement which outlines a specific City project or standard, which if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These • statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability, etc. The City should periodically review and prioritize recommended action measures based on current circumstances, community needs and the City's goal and policy obligations. These statements are suggestions to future City decision- makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to or amended as conditions warrant. SECTION IV. SUMMARY OF REPORT Applicable criteria,findings and conclusions • Tigard Community Development Code o Chapter 18.380 o Chapter 18.390 • Applicable Comprehensive Plan Policies o Topics 1, 2, and 3 • Applicable Metro Standards o Title 3 and 13 • Statewide Planning Goals o Goals 1, 2, 7, 9, and 11 City department and outside agency comments SECTION V. APPLICABLE CRITERIA AND FINDINGS CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.380: Zoning Map and Text Amendments Chapter 18.380.020 Legislative Amendments to the Title and Map A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.309.060G STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 4 OF 14 • • • Findings: The proposed amendments to the Tigard Comprehensive Plan would establish policies to be applied generally throughout the City of Tigard; and therefore, the application is being processed as a Type IV procedure, Legislative Amendment, as governed by Section 18.390.060G. Chapter 18.390: Decision-Making Procedures Chapter 18.390.020. Description of Decision-Making Procedures B.4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. Findings: The proposed amendments to the Tigard Comprehensive Plan will be reviewed under the Type IV procedure as detailed in Section 18.390.060.G. In accordance with this section, the amendments will initially be considered by the Planning Commission with City Council making the final decision. Chapter 18.390.060.G. Decision-making considerations. 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. Findings: As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this criterion. CONCLUSION: Based on the analysis above, staff fords that the proposed amendments satisfy the applicable review criteria within the Tigard Community Development Code and recommends the Planning Commission forward these proposed amendments to the City Council with a recommendation for adoption. CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: A review of the comprehensive plan identified the following relevant policies for the proposed amendments: Topic 1: General Policies Policy 1.1.1: The City shall ensure that: • a. This comprehensive plan and all future legislative changes are consistent with the Statewide Planning Goals adopted by the Land Conservation and Development Commission, the Regional Plan adopted by the Metropolitan Service District; Findings: As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this criterion. Topic 2: Citizen Involvement Policy 2.1.1: The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. Findings: The proposal has complied with all notification requirements pursuant to Chapter 18.390.060 of the Tigard Community Development Code. This staff report was also available seven days in STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 5 OF 14 • • advance of the hearing pursuant to Chapter 18.390.070.E.b of the Tigard Community Development Code. Additionally, a Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and • the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. . Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, • personal emails sent to groups and organizations, updates to City boards and commissions, • presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the August 30, 2007 issue of The Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. • Policy 2.1.2: The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. Findings: As outlined above, the community was given multiple venues to get information and get involved. This included a number of articles in the Cityscape newsletter that is delivered to every household in Tigard. Staff also made a good faith effort to ensure a diversity of citizens and stakeholders were involved in the policy interest team meetings by not only soliciting volunteers, but by inviting organizations that share a common interest in that particular topic. Policy 2.1.3: The City shall ensure that information on land use planning issues is available in an understandable form for all interested citizens. • Findings: Information regarding the topics included in this Comprehensive Plan Amendment was available in multiple locations in an understandable format for the duration of the process. This included paper and electronic copies that were available in the permit center and also on the website. Information was regularly sent to the project listsery and to the community volunteers who participated on the policy interest teams. Topic 3: Natural Features and Open Space Policy 3.1.1: The City shall not allow development in areas having the following development limitations except where it can be shown.that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development. (Note: This policy dies not apply to lands designated as significant wetlands on the floodplains and wetlands map.): STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 6 OF 14 • • a. Areas meeting the definition of wetlands under chapter 18.26 of the Community Development Code; • b. Areas having a severe soil erosion potential; c. Areas subject to slumping, earth slides or movement; d. Areas having slopes in excess of 25%; or e. Areas having severe weak foundation soils. Findings: Policy 3.1.1 sections (b), (c), (d), and (e) will be replaced with Policy 1 under goal 7.1 in the updated Comprehensive Plan. However, Policy 3.1.1 section (a) deals with wetlands and is therefore not applicable to Goal 7. Section (a) of Policy 3.1.1 will remain in the current Comprehensive Plan until they are updated in the Natural Resources section. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable policies contained in the City of Tigard Comprehensive Plan. Policy 3.2.1: The City shall prohibit any land form alterations or developments in the 100-year floodplain which would result in any rise in elevation of the 100-year floodplain. Policy 3.2.2: The City shall: a. Prohibit land form alterations and development in the floodway* except alterations which preserve or enhance the function and maintenance of the zero-foot rise floodway*, and b. Allow land form alterations or development in the floodplain*outside the zero- foot rise floodway*which preserve or enhance the function of the zero-foot rise floodway*provided: 1. The land form alteration and/or development is in an area designated commercial or industrial on the Comprehensive Plan • land use map, and factors set forth in policy 3.2.3 can be satisfied; or 2. The land form alteration and/or development is associated with community recreation uses, utilities, or public support facilities as defined in chapter 18.42 of the Community Development Code and the factors set forth in policy 3.2.3 can be satisfied. Policy 3.2.3: Where land form alterations and development are allowed within the 100-year floodplain* outside the zero-foot rise floodway*, the City shall require: a. The streamflow capacity of the zero-foot rise floodway* be maintained; b. Engineered drawings and/or documentation showing that there will be no detrimental upstream or downstream effects in the floodplain* area, and that the criteria set forth in the Sensitive Lands section of the code have been met (See FIS September 1981); c. A buffer, either existing or planted, on the commercial or industrial land abutting residential land which adequately screens the development from view by the adjoining residential land, and which is of sufficient width to be noise attenuation; and d. The consideration of dedication of open land area for greenway adjoining the floodplain*including portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain*in accordance with the: adopted pedestrian bicycle pathway plan. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 7 OF 14 • • Policy 3.2.5: The City shall require the consideration of dedication of all undeveloped land within the 100-year floodplain plus sufficient open land for greenway purposes specifically identified for recreation within the plan. *The Floodplain and Floodway, as defined by the Flood Insurance Study for the City of Tigard dated effective February 18, 2005. Findings: Current Comprehensive Plan Policies 3.2.1, 3.2.2, 3.2.3, and 3.2.5 will be deleted and replaced in their entirety by proposed amendment Goal 7.1 and the associated policies (See Exhibit A). This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 7 as the new goals and policies reflect current community conditions and values. The new goal and •• polices have been developed through a citizen involvement effort, reviewed by City staff, reviewed by affected agencies, and reviewed by the Planning Commission at an August 20, 2007 workshop. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable policies contained in the City of Tigard Comprehensive Plan. APPLICABLE METRO REGULATIONS: Metro Urban Growth Management Functional Plan Title 3: Water Quality, Flood Management, and Fish/Wildlife Habitat Conservation - protect beneficial uses and functional values of water quality and flood management resources by limiting uses in these areas from development activities and protecting life and property from dangers associated with flooding. Findings: In 2002, the City of Tigard adopted Comprehensive Plan and Code Amendments to comply with Title 3 of Metro's Urban Growth Management Functional Plan, which outlines water quality and flood management requirements for the region. The adopted standards were based on a unified program developed by local governments in the Tualatin Basin and implemented through the Clean Water Services District's (CWS) Design & Construction Standards, which provides for vegetated stream corridor buffers up to 200 feet wide and mandating restoration of corridors in marginal or degraded condition. In addition, Clean Water Services, local cities, Washington County, Metro, and Tualatin Hills Park and Recreation District, partnered on a parallel effort to develop the CWS Healthy Streams Plan (HSP), an updated watershed plan designed to enhance the functions of the Tualatin Basin surface water system and address the Clean Water Act and Endangered Species Act (ESA). The proposed amendment, specifically Goal 7.1 and its associated policies (see Exhibit A), will continue to ensure compliance with Tide 3 requirements and standards. The stated purpose of the • Flood Management Performance standards is to reduce the risk of flooding, prevent or reduce the risk of loss of life and property, and maintain functions and values of floodplains. Goal 7.1 reflects this purpose, and Policy 11 states explicitly that the City will comply with Metro Title 3 Functional Plan requirements for balanced fill and removal in the floodplain. Also, Policies 7-12 under Goal 7.ldeal specifically with flood hazards. Metro Urban Growth Management Functional Plan Title 13: Nature in Neighborhoods — conserve, protect, and restore a continuous ecologically viable streamside corridor system, from the streams' headwaters to their confluence with other streams and rivers, and with their • • STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 8 OF 14 . . flooplains in a manner that is integrated with upland wildlife habitat and with the surrounding urban landscape; and control and prevent water pollution for the protection of the public health and safety, and to maintain and improve water quality throughout the region. Findings: The multi-jurisdictional approach undertaken by Tualatin Basin jurisdictions was used to develop a program to meet Statewide Goal 5 requirements for inventorying riparian areas and:wildlife habitat and to comply with Metro's Urban Growth Management Functional Plan Title 13 (the regional Nature in Neighborhoods program). The Tualatin Basin Fish and Wildlife Habitat Program was developed to complement Clean Water Services Design and Constructions Standards to protect the beneficial uses of water (including rivers, streams and creeks) within the Tualatin Basin. The proposed amendment, specifically Goal 7.1and its associated policies (see Exhibit A),will continue to ensure compliance with Title 13 requirements and standards. Policy 11 provides direction for the City to work with Clean Water Services to protect, restore, and enhance natural drainageways and wetlands. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable Metro regulations. THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197 Statewide Planning Goal I— Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. V Findings: This goal was met through an extensive public involvement process. A Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listsery and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the August 30, 2007 issue of The Times (in accordance with Tigard Development Code Chapter 18.390). Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 9 OF 14 • • number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. • Findings: The proposed amendment to the Tigard Comprehensive Plan is being processed as a Type IV procedure, which requires any applicable statewide planning goals, federal or state statutes or regulations, Metro regulations, comprehensive plan policies, and City's implementing ordinances, be addressed as part of the decision-making process. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. All applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. Statewide Planning Goal 7 —Areas Subject to Natural Hazards To protect people and property from natural hazards. Findings: The proposed amendment is consistent with this goal as it provides policy direction that intends to protect both people and property from natural hazards. Current Comprehensive Plan Policies relating to Statewide Planning Goal 7 will be deleted and replaced in their entirety by proposed amendment Goal 7.1 and the associated policies and action measures (See Exhibit A). This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 7 as the new goals and policies reflect current community conditions and values. The new goal and polices have been developed through a citizen involvement effort, reviewed by City staff, reviewed by affected agencies, and reviewed by the Planning Commission at a August 20, 2007 workshop. Statewide Planning Goal 9—Economic Development To provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare, and prosperity of Oregon's citizens. • Findings: The proposed amendment is consistent with this goal as it provides policy direction that intends to protect Tigard's businesses from natural hazards. Hazards protection contributes to economic vitality by protecting current employers and employees from hazards. • Statewide Planning Goal 11— Public Facilities and Services • To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Findings: The proposed amendment is consistent with this goal as it provides policy direction that intends to ensure the efficient arrangement of public facilities and services. Updated policies address the provision of public facilities within areas subject to natural hazards. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment is consistent with the applicable Statewide Planning Goals. SECTION VI. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Public Works Department, Engineering Division, Current Planning Division, and Police Department has had an opportunity to review this proposal and did not respond. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 10 OF 14 • • The City of Tigard's Building Division had an opportunity to review this proposal and offered the following comments: Under Goal 7.1, Recommended Action Measure x.: Because the numbering of building code sections changes from time to time, change section R324 to state the name of the section, "Wildfire Hazard Mitigation." Findings: Staff agrees with the comments and has added language "Wildfire Hazard Mitigation section" to replace "section R324" of the Oregon Residential Specialty Code. Staff recommends leaving the action measure with the updated language. Under Goal 7.1, Policy 5 add "the most current" (Building Code standards) to protect the built environment. Findings: Staff agrees with the comments and has added language "the most current" building code standards to Policy 5. Staff recommends leaving the action measure with the updated language. SECTION VII. OUTSIDE AGENCY COMMENTS The following agencies/jurisdictions had an opportunity to review this proposal and did not respond: City of Beaverton City of Durham City of King City City of Lake Oswego City of Portland City of Tualatin Metro Greenspaces Oregon Department of Land Conservation and Development Oregon Department of Environmental Quality . ODOT Region 1- District 2A Oregon Department of Geology and Mineral Industries Oregon Division of State Lands US Army Corps of Engineers Washington County Department of Land Use and Transportation Tigard-Tualatin School District# 23J Beaverton School District#48 TriMet FEMA Natural Hazards Program • • Metro Land Use Planning & Growth Management, Tualatin Valley Fire & Rescue, and WCCA had an opportunity to review this proposal and have no objections. Clean Water Services (see Exhibit B) had an.opportunity to review this proposal and offered the following comments: STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS. PAGE 11 OF 14 • • We recommend following the provisions of the current Design and Construction Standards for all issues relating to development, vegetated corridors, erosion control, and preservation of wetlands, natural drainageways, and enhancements thereof. Findings_ Specific standards are to be included in the development code. Currently the CWS Design and Construction Standards are adopted by reference in the Community Development Code. Staff does not recommend Comprehensive Plan text changes to reference specific standards. Oregon Department of Geology and Mineral Industries (see Exhibit C) had an opportunity to review this proposal and offered the following comments: Earthquakes Page 1: The reference to Seismic Zone 3 is from the UBC 1997. Oregon now uses the IBC 2006 and 2007 Structural specialty Code (OSSC) which no longer has seismic zones. This needs to be updated. Findings: Staff has revised this statement to read, "To minimize loss of life and property from earthquakes, the City requires all new commercial, industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements for Zonc 3 (the second highest hazard code), while single-family construction must conform to the Oregon One and Two Dwelling Specialty Code for seismic category Dl. Page 3: Bullet no.1, The reference to Cascadia..."cause an 8+ magnitude earthquake". Most scientists believe this should be M9+. Findings: Staff updated this number to be consistent with the Washington County Natural Hazards Mitigation Plan. Bullet no.3, I'm not quite sure what this is referring too. I think it might be the earthquake induced hazards, such as amplification, liquefaction, landsliding, etc.Just needs to be clear on what is being discussed. There is a big difference between the seismic hazard (IE ground motion hazard) and the earthquake induced hazards. • Findings: Staff updated this fording to read, "According to DOGAMI's relative earthquake hazard data, fifty-eight percent of the City is subject to the greatest earthquake hazard level, with an additional 21% falling into the next hazard level. These areas include developed residential and commercial areas, as well as the Washington Square Regional Center." • Bullet no.5, Again, the UBC 1997 seismic zone 3 needs to be updated to the IBC 2006 and 2007 OSSC. Findings: Staff updated this key finding to read, "the City of Tigard requires all new commercial, industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements for Seismic Zonc 3, while single-family construction must conform to the Oregon One and Two Family Dwelling Specialty Code for Seismic Category D1." Policies no.2, In the case of seismic retrofitting structures (buildings, bridges, etc.), which is one of the best ways to reduce risk from earthquakes, structural approaches to hazard mitigation should be promoted along with non-structural. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 12 OF 14 • • • Findings: Staff agrees with this suggestion and the policy now reads, "The City shall promote the use of non-structural approaches to hazard mitigation when appropriate." • Landslides Page 2: Second paragraph, states "By mapping steep slopes...etc" This is not how we figure out where landslide prone areas are located. We need to acquire LIDAR and map the existing landslides then use geologic information combined with the LIDAR slope data to create landslide susceptibility maps. Findings: Staff deleted the following sentence: "t . -- . :: .- - - : - .. - . : . .: : . :: :: -. - . it with, "The City uses steep slopes to define sensitive lands in the Community Development Code and has special requirements for development in these areas. When LIDAR information is available.the City will evaluate the effectiveness of this approach to identifying landslide hazards and limiting their • impact on the community." Page 3: Bullet no. 8, I'm not sure if this is correct? Findings: Bullet number 8 reads, "The most common type of landslide in Washington County is caused by erosion." The Washington County Natural Hazards Mitigation Plan reads, "Slides caused by erosion are the most common type of landslide in Washington County (Page 5-2)." Staff recommends leaving this key fording in the Comprehensive Plan. Bullet no. 10, You need to figure out the landslide susceptibility through modern techniques as suggested above before estimates of percentage susceptible should be estimated. Findings: Staff agrees with this suggestion and updated the key fording to read, "It is estimated about 3% of the City's land, or 286 acres, is greater than 25% slope. .3 miles of critical streets could be 3ubject to landslide damage. Policies no. 2. Again, non-structural approaches to hazard mitigation should be promoted along with structural. Findings: Staff agrees with this suggestion and the policy now reads, "The City shall promote the use of non-structural approaches to hazard mitigation when appropriate." Page 4: no. 5. Once new LIDAR based landslide maps are created, the building codes and or a landslide ordinance should be updated/created and enforced. Findings: The Building Division suggested the policy be changed to read, "The City shall apply and enforce the most current building code standards to protect the built environment from natural disasters and other hazards." Staff feels this incorporates the changes suggested by DOGAMI. Some items not included,which should be added include: Public education on predisaster mitigation and post disaster recovery. Risk assessment • Institutional and/or long term mitigation plans. Findings: Public Education and disaster recovery will be addressed in the Public Safety section of the Public Facilities chapter. Both the Hazards Policy Interest Team and the Department Review Team STAFF REPORT TO THE PLANNING COMMISSION • CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 13 OF 14 • • • have made suggestions to be included in this section. Staff added an action measure to address risk assessment and mitigation plans. The action measure reads: xii. Complete the Tigard Natural Hazards Addendum to the Washington County Natural Hazards Mitigation Plan and include risk assessments and mitigation action items. SECTION VIII. CONCLUSION The proposed changes comply with the applicable Statewide Planning Goals, Metro regulations, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Therefore, Staff recommends that the Planning Commission recommend approval of the Comprehensive Plan Amendment to the Tigard City Council as determined through the public hearing process. ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD COMPREHENSIVE PLAN. EXHIBIT B: CLEAN WATER SEERVICES COMMENTS EXHIBIT C: DOGAMI COMMENTS `• a r491, t September 7,2007 PREPA' • B Virr arissa Daniels •. DATE Associate Planner • • �/' / eunt September 7, 2007 APPROVED BY: Ron DATE • Planning Manager • • STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00002 STATEWIDE PLANNING GOAL 7:NATURAL HAZARDS PAGE 14 OF 14 • • -DRAFT- • • Hazards Natural features provide a community with valuable resources but,under certain conditions, these resources may also present a hazard. For example, rivers and creeks are important for storm water • conveyance,wildlife habitat, and water quality. However, these resources can quickly threaten property and people unless careful planning has documented flooding risk and adequate precautions are taken. The City's commitment to protect people and property from hazards is based on Oregon Statewide Planning Goal 7. Goal 7 lists six hazard categories to be addressed by comprehensive plans. Four of these apply to the City of Tigard: wildfire, landslides, flooding, and earthquakes. In • addition, the City is also vulnerable to harm from severe weather and man-made hazards. Goal 7: Areas Subject to Natural Hazards • "To protect people and property from natural hazards." • Tigard's citizens value a safe community where natural resources are protected and there is minimal danger from both natural and man-made hazards. Tigard residents value the importance of natural systems in protecting the community from hazards, and additionally recognize that although • landslides, earthquakes,wildfires and floods occur naturally, the effects of these events are often made worse by human activities. Hazards can have a significant negative impact on a community's quality of life. It is important for the Comprehensive Plan to provide policy direction on how the City will manage hazardous conditions and events. Land use planning, development regulation and emergency management play key roles in assessing and reducing the risk to people and property from hazards. It is important for local governments to have an understanding of underlying natural conditions and past event history to develop hazard mitigation and prevention programs. Earthquakes Because hazards, such as earthquake faults and floodplains, extend across jurisdictional boundaries, it is essential to coordinate planning and emergency response services regionwide and with the state and federal governments. For example, due to the scale and complexity of earthquakes, Tigard coordinates with the Oregon Department of Geology and Mineral Industries (DOGAMI). In addition to DOGAMI,Tigard coordinates with Metro,Washington County, and other jurisdictions to mitigate the risk associated with an earthquake. To minimize loss of life and property from earthquakes, the City requires all new commercial, industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements,while single-family construction must conform to the Oregon One and Two Dwelling Specialty Code for seismic category Dl. Wildfire In Tigard, wildfire is characterized by the Urban Interface Zone, or the urban-rural fringe where homes and other structures are built onto a densely forested or natural landscape. The Oregon Department of Forestry implements the Oregon Forestland-Urban Interface Fire Program,which is expected to be fully implemented by 2011, in order to protect interface communities in Oregon from wildfire. The City of Tigard works with Tualatin Valley Fire and Rescue (TVF&R) to mitigate the effects of wildfire. TVF&R is responsible for all fire prevention and education, and has the opportunity to comment on all development applications. TVF&R also maps the urban interface 1 • -DRAFT- • zone in Tigard. The Oregon Department of Environmental Quality (DEQ) controls both backyard and agricultural burning in Oregon; however,Tigard is within the DEQ permanent burn-ban area in an effort to reduce the risk of wildfire as a result of backyard burning. Landslides People and property are best protected from landslide when building structures and roads are not built within areas prone to mass movement. Although landslides are a natural geologic process, the incidence of landslides and their impacts on people can be exacerbated by human activities. Such human activities include grading for road construction and development, excavation, drainage and groundwater alterations, and changes in vegetation. The City uses steep slopes to define sensitive lands in the Community Development Code and has special requirements for development in these areas. When LIDAR information is available the City will evaluate the effectiveness of this approach to identifying landslide hazards and limiting their impact on the community.Also, by retaining vegetation and natural drainageways in these areas, the City can work to identifying landslide hazards and limiting their impact on the community. The effects of landslides are often more widespread than the physical area they inhabit, as landslides can affect utility services, transportation systems, and critical lifelines. Flooding Floods are influenced by a number of factors, including the amount and intensity of precipitation, geography and geology, and development activity. The City of Tigard cannot control precipitation or the community's soil type but can control development activity which contributes to, and is affected by, flooding. The City coordinates with several agencies to mitigate the risk of flooding. The FEMA designated floodplain is used to administer the national flood insurance program (NFIP). The floodplain serves as the FEMA flood hazard regulatory area. Within this area, development activities are regulated to minimize impacts on floodwater flows and storage areas to reduce impacts from flood events. Oregon state law regulates development within the 100-year floodplain and Tigard complies through adoption of Metro's Urban Growth Management Functional Plan,Tide 3. The Sensitive Lands chapter of the Tigard Community Development Code implements Tide 3 through the Clean Water Services' Design and Construction Standards. Floods can have a devastating impact on almost every aspect of the community, including private property damage, public infrastructure damage, and economic loss from business interruption. The City has been proactive in mitigating flood hazards by purchasing floodplain property. These areas, if left undisturbed, can act to store excess floodwater. The Oregon Division of State Lands (DSL), jointly with the U.S. Army Corps of Engineers,requires a permit for development within the waters of the United States. Any disturbance to a water body and its associated floodplain is covered through this process. Other Hazards Tigard is also at risk of non-natural or man-made hazards. Although statewide planning goal 7 addresses natural hazards, other hazards are included in this chapter as the community is concerned about protection from non-natural hazards as well as natural hazards. Other hazards addressed by this section may include mass casualty transportation accidents,hazardous material releases, severe storms, terrorism, epidemics, and infestation. Tigard coordinates planning for non-natural hazardous occurrences with other jurisdictions and agencies from around the state. 2 • -DRAFT- Key Findings • • The Cascadia Subduction Zone could potentially cause a 9+ magnitude earthquake, affecting Tigard. • Tigard is subject to more frequent shallow earthquakes (crustal fault earthquakes). These events typically do not exceed magnitude 4, but could go up to magnitude 7. • According to DOGAMI's relative earthquake hazard data, fifty-eight percent of the City is subject to the greatest earthquake hazard level,with an additional 21% falling into the next hazard level. These areas include developed residential and commercial areas, as well as the Washington Square Regional Center. • Wood-frame homes tend to withstand earthquakes better than unreinforced brick buildings. • The City of Tigard requires all new commercial,industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements,while single-family construction must conform to the Oregon One and Two Family Dwelling Specialty Code for Seismic Category Dl. • The increasing number of homes being built in the urban interface zone is increasing the threat of wildfire in Tigard. More than 30% of all land in Tigard is vulnerable to wildfire. • Tigard is within the Oregon Department of Environmental Quality's permanent burn ban area, so backyard burning is not allowed anywhere within Tigard. • The most common type of landslide in Washington County is caused by erosion. • Landslides within Tigard have historically not caused major property damage. However in other parts of the Portland metropolitan region they have caused considerable damage. • It is estimated about 3% of the City's land, or 286 acres, is vulnerable to landslides. • Human activities such as deforestation, stream alteration, and urban development within the Tualatin basin have significantly altered the hydrology of the watershed. This has resulted in increased water runoff and greater potential for flooding. • Floods are Oregon's most frequently occurring natural disaster. • The 100-year floodplain includes six streams and 7.9% of all land area in Tigard. • As of June 2006,Tigard owns 34% of the 100-year floodplain. • Tigard residents are concerned about the effects of all other hazards on the community. Goal 7.1 Protect people and property from flood, landslide, earthquake,wildfire, and severe weather hazards. Policies • 1. The City shall not allow development in areas having the following development limitations except where it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development: A. Areas having a severe soil erosion potential; B. Areas subject to slumping, earth slides, or movement; C. Areas having slopes in excess of 25%; or D. Areas having severe weak foundation soils. 2. The City shall promote the use of non-structural approaches to hazard mitigation when appropriate. 3 • -DRAFT- ✓ 3. The City shall coordinate land use and public facility planning with public safety providers (law enforcement, fire safety, and emergency service providers) to ensure their capability to respond to hazard events. 4. The City shall design and construct public facilities to withstand hazardous events with a priority on hazard protection of public services and facilities that are needed to provide emergency response services. 5. The City shall apply and enforce the most current building code standards to protect the built environment from natural disasters and other hazards. 6. The City shall enforce standards requiring the creation and maintenance of defensible space around habitable structures located in wildfire hazard areas. 7. The City shall comply with the Federal Emergency Management Agency (FEMA) flood regulations, which include standards for base flood levels, flood proofing, and minimum finished floor elevations. 8. The City shall prohibit any land form alterations or developments in the 100-year floodplain which would result in any rise in elevation of the 100-year floodplain. 9. The City shall not allow land form alterations or development within the 100-year floodplain outside the zero-foot rise floodway unless: A. The streamflow capacity of the zero-foot rise floodway is maintained, and B. Engineered drawings and/or documentation shows there will be no detrimental upstream or downstream effects in the floodplain area. 10. The City shall work with Clean Water Services to protect natural drainageways and wetlands as valuable water retention areas and, where possible, find ways to restore and enhance these areas. 11. The City shall comply with Metro Title 3 Functional Plan requirements for balanced fill and removal in the floodplain. 12. The City shall minimize impervious surfaces to reduce storm water runoff. 13. The City shall retain and restore existing vegetation with nape non-invasive species in areas with landslide potential to the greatest extent possible. 14. The City shall work to reduce the risk of loss of life and damage to property from severe weather events. Recommended Action Measures i. Place land acquisition priorities on high hazard areas to be used for recreation or open space purposes. ii. Update and maintain accurate information regarding natural hazard risks and past events. iii. Publicize and maintain maps of high hazard areas. iv. Address planning for the protection of public facilities and services from hazards in the 4 • • -DRAFT- • Tigard Public Facilities Plan and Community Investment Plan. v. Retrofit existing public facilities and services to contemporary standards to better withstand natural disasters and hazardous occurrences. vi. Recognize some existing buildings have not been built to contemporary building code • standards and seek ways to encourage their retrofit to modern codes. • vii. Design and Implement a natural hazards home inspection program. viii.Update and maintain a list of essential and critical facilities to be used in hazards planning. ix. Work with Tualatin Valley Fire and Rescue Community Safety Program to provide • information and education about urban interface wildfire to Tigard citizens. x. Adopt the Tualatin Valley Fire and Rescue Wildfire Hazard Map and implement the Wildfire Hazard Mitigation section of the Oregon Residential Specialty Code. . xi. Provide information and access to resources for property owners who wish to assess the ability of their buildings to withstand natural hazards. xii. Continue to maintain eligibility for the National Flood Insurance Program. xiii.Research and implement standards to ensure only appropriate land uses are allowed in high hazard areas. xiv. Complete the Tigard Natural Hazards Addendum to the Washington County Natural Hazards Mitigation Plan and include risk assessments and mitigation action items. Goal 7.2 Protect people and property from non-natural hazardous occurrences. Policies 1. The City shall design, construct, and coordinate the surface transportation system to reduce the potential for mass casualty accidents and to provide the ability to evacuate when necessary. 2. The City shall encourage communication and coordination among a wide variety of agencies to respond to technological and man-made disasters. • Recommended Action Measures i. Keep a current inventory of locations where hazardous materials might pose a danger to the public, including storage and transportation areas. ii. Update and maintain the Tigard Emergency Operations Plan to ensure essential governance and public safety services are available during a disaster. iii. Continue to work with the Washington County Office of Emergency Management to: A. Coordinate emergency preparedness education for Tigard residents, B. Provide ongoing responder training and exercises, 5 • -DRAFT- S C. Coordinate regionwide hazards response, and D. Provide hazards information and resources countywide. iv. Continue to implement the Community Emergency Response Team (CERT) Program for community members and City staff. v. Encourage projects that enhance medical treatment capabilities and capacity. • 6 3. NATURAL FEATURES AND• PEN SPACE • This chapter addresses a broad range of topics all having to do with the natural resources located within the Tigard Urban Planning Area. This chapter reflects the concerns expressed in several of the Statewide Planning Goals including: • • Goal #3 - Agricultural Lands; Goal #4 - Forest Land; Goal #5 - Open Spaces; Scenic and Historic Areas and Natural Resources; Goal #. - Areas subject to Natural Disasters and Hazards; and Goal#8- Recreational Needs. The natural environments within the planning area offer many opportunities for a unique and healthy urban development. Those environments, when viewed as a series of systems rather than isolated features, will provide Tigard with those elements necessary for a healthy place in which to live, work and play. Floodplain greenways, for example, can provide the community with an excellent system of open space links between neighborhoods and services, in addition to providing a relatively inexpensive system for storm water runoff. It is to the community's benefit that consideration be given to both the opportunities and the limitations of the various environments within the planning area. The natural environments included within the planning area all have their own respective limitations with regard to urbanization. Development pressure upon lands with such limitations can have profound effects on the environment. Erosion of steep slopes caused by inappropriate development,for instance, does not occur as an isolated incident. Soil type, permeability, vegetation and drainage all play major roles in and are effected by development. Likewise, the effects of inappropriate development located within the floodplain areas could have adverse effects on properties both up and down stream from the development site. The social, cultural and economic values of such resource lands could be reduced by the effects of urban development nearby. The limitations of the various environments should be considered in reviewing new development within the planning area. The recognition of the natural environment in the planning area and the development of findings and policies which address the characteristics of the environment are extremely important elements in the Comprehensive Plan. The purpose of this chapter is to define the parameters of the various natural environments in the planning area and to identify the limitations and opportunities inherent in those environments. Additional information on this topic is available in the "Comprehensive Plan Report: Natural Features and Open Spaces." 3.1 - - - • •, • e• -, • • - _ • - •._' - • , e WETLANDS Postings • and density of development which can be accommodated on that property (carrying capacity), Combinations such as steep slopes and unstable wits create severe development constraints. Excessive development in such physically limited areas greatly increases the potential severity of • • natural habitation of wildlife- Nonetheless, it is tee often removed and replaced by buildings Of•• .-- •_ -_ _ •- • ' - -- • - --• e•_ - _ - •_• - development- --- - - - - •: _ , -•- --- 2- - • • • • Increased runoff and sedimentation from pearly developed hillsides can require increased pab4s Vol. II, Policy 3-1 • • POLICY 3.1.1 THE CITY SHALL NOT ALLOW DEVELOPMENT IN AREAS HAVING THE FOLLOWING DEVELOPMENT LIMITATIONS EXCEPT WHERE IT CAN BE SHOWN THAT ESTABLISHED AND PROVEN ENGINEERING TECHNIQUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED DEVELOPMENT. (NOTE: THIS POLICY DOES NOT APPLY TO LANDS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP.): a. AREAS MEETING THE DEFINITION OF WETLANDS UNDER CHAPTER 18.26 OF THE COMMUNITY DEVELOPMENT CODE; • b- _ -• _. 'e_ /I. -e • d- AREAS HAVING SLOPES IN EXCESS OF 25%; OR • T. _ . , _ - P. . . ._ . . . (Rev. Ord. 85-13; Ord. 84-36) •2, - -• ° •' - -: : - -- - - •- : • -- • -- • - - = - • site specific soil•saweys and geologic studies where potential hazards ace identified based open special design considerations and construction rneasares be taken to offset' the soil and geologic• - '• !: = - •- -- •• -- = 2 - - - - - - -- : —•:- - - e. e. - - . - •- .-- e.. (Rev.Ord. 85 13) • 3.2 FLOODPLAINS Findings • 4 - -= : - : , - •: •: ' '--- - - Vol. II, Policy 3-2 4110 • PfePefliesi-and • • - •- : : • _ :•:. - : - - : • — . leedlevels • e• - - - - --- - - - - -. "2 --- - . # flooding-occurs. • - • - : ---•: ._ : _'. _ • - - - - - : • - -• - - rate- • levels, • -: _ .. • • -- - : . - - : '° . : • •The--federal • The Gity of Tigard fitly has ordinances; policies and standards within the Tigard Co nity are-taken, • -- •: .. :- a:::-- - • -- - . (Rev. Ord.85 13) POLICIES 3,24 - - _- • ••.e__ ., _ .- ..,, • _ • 100 YEAR FLOODPLAIN WHICH=1 WOULD RESULT IN ANY RISE IN ELEVATION OF THE 100 YEAR FLOODPLAIN. 3,24 THE CITY SHALL: a- •'e- _ .• , . e e` - ..,, ... . . * EXCEPT ALTERATIONS MAY BE ALLOWED WHICH PRESERVE OR ENHANCE THE b ALLOW LAND FORM ALTERATIONS OR DEVELOPMENT IN THE OUTSIDE THE ZERO FOOT RISE FLOODWAY* WHICH PRESERVE OR EN ^"n iNCE ., .. _ ee■ • • * .•■ ■ Vol. II, Policy 3-3 • • 4- THE LAND FORM ALTERATION AND/OR DEVELOPMENT IS IN AN AREA - D€SI NATED COMMERCIAL OR INDUSTRIAL ON THE COMMDRENSIVE SATISFIED; OR 2, THE LAND FORM ALTERATION AND/OR DEVELOPMENT IS ASSOCIATED WITH COMMUNITY RECREATION USES, UTILITIES, OR PUBLIC SUPPORT FACILITIES AS DEFINED IN CHAPTER 18.12 OF THE COMMUNITY BE SATISFIED. WHERE LAND FORM ALTERATIONS AND DEVELOPMENT ARE ALLOWED WITHIN THE 100 YEAR FLOODPLAIN* OUTSIDE THE ZERO FOOT RISE FLOODWAY*, THE CITY SHALL R EQU Imo;_: a- THE CAPACITY OF THE ZERO FOOT RISE FLOODWAY* B€ MAINTAINED; BE NO DETRIMENTAL UPSTREAM OR DOWNSTREAM EFFECTS IN THE FLOODPLAIN* AREA, AND THAT THE CRITERIA SET FORTH IN THE SENSITIVE LAND ABUTTING RESIDENTIAL LAND WHICH ADEQUATELY SCREENS THE cl THE CONSIDERATION OF DEDICATION OF OPEN LAND AREA FOR GREENWAY • •.e • • _ - ..•--• ' * • - - • • - ••. •• _ • _ _ . , • .• FOR THE CONSTRUCTION OF A PEDESTRIAN BICYCl E PATHWAY WITHIN THE FLOODPLAIN* IN ACCORDANCE WITH TH#E ADOPTED PEDESTRIAN BICYCLE 3.2.4 THE CITY SHALL PROHIBIT DEVELOPMENT WITHIN AREAS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP. NO DEVELOPMENT SHALL OCCUR ON PROPERTY ADJACENT TO AREAS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP WITHIN TWENTY FIVE (25) FEET OF THE DESIGNATED WETLANDS AREA. DEVELOPMENT ON PROPERTY ADJACENT TO SIGNIFICANT WETLANDS SHALL BE ALLOWED UNDER THE PLANNED DEVELOPMENT SECTION OF THE CODE. THE CITY SHALL REQUIRE THE CONSIDERATION OF DEDICATION OF ALL UNDEVELOPED LAND WITHIN THE 480-YEAR FLOODPLAIN PLUS SUFFICIENT OPEN THE PLAN. (Rev. Ord. 05-01; Ord. 98-19; Ord. 90-22; Ord. 85-13; Ord. 84-36) 3.3 NATURAL RESOURCES Findings • Currently, there are extensive rock and gravel extraction areas located to the north and west of Tigard's planning area within Beaverton and Washington County. (Rev. Ord. 01-07) • There is one active mineral or aggregate resource within the Tigard Planning Area, known as the Durham Pits,which is operated by Washington County. Vol. II, Policy 3-4 • CleanWater Services RECEIVED PLANNING Our commitment is clear. AUG 3 1 2007 CITY OF TIGARD MEMORANDUM DATE: August 30, 2007 FROM: David Schweitzer, Clean Water Services TO: Marissa Daniels,Assistant Planner City of Tigard Planning Division • SUBJECT: Review Comments —Planning Goal 7 Update, 2007-00002 CPA GENERAL COMMENTS • We recommend following the provisions of the current Design and Construction Standards (currently R&O 07-20, available on line at: http://cleanwaterservices.org/PermitCenter/DesignandConstruction/Update/default.aspx ) for all issues relating to development, vegetated corridors, erosion control, and preservation of wetlands, natural drainage ways, and enhancements thereof. • • 2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 Phone: (503)681-3600 • Fax: (503)681-3603 •www.CleanWaterServices.org • • September 5, 2007 Marissa Daniels Assistant Planner City of Tigard Tigard, OR Re: City of Tigard Comprehensive Plan Update-Hazards Document Review by DOGAMI Ms. Daniels We received a copy of the Hazards section of the City of Tigard Comprehensive Plan Update on August 29, 2007 dated August 17, 2007 and the request for comments. The Department of Geology and Mineral Industries (DOGAMI) has expertise on two of the four hazard categories listed (earthquakes and landslides) and therefore makes comments on these two hazards only. Our review of the document reveals the need for significant updating and revisions. We have outlined these below and would be happy to discuss further in person. Earthquakes Page 1: The reference to Seismic Zone 3 is from the UBC 1997. Oregon now uses the IBC 2006 and 2007 Structural specialty Code (OSSC) which no longer has seismic zones. This needs to be updated. Page 3: Bullet no.1, The reference to Cascadia..."cause an 8+magnitude earthquake". Most scientists believe this should be M9+. Bullet no.3, I'm not quite sure what this is referring too. I think it might be the earthquake induced hazards, such as amplification, liquefaction, landsliding, etc. Just needs to be clear on what is being discussed. There is a big difference between the seismic hazard (IE ground motion hazard) and the earthquake induced hazards. Bullet no.5, Again, the UBC 1997 seismic zone 3 needs to be updated to the IBC 2006 and 2007 OSSC. Policies no.2, In the case of seismic retrofitting structures (buildings, bridges, etc.), which is one of the best ways to reduce risk from earthquakes, structural approaches to hazard mitigation should be promoted along with non-structural. Landslides Page 2: Second paragraph, states "By mapping steep slopes...etc" This is not how we figure out where landslide prone areas are located. We need to acquire LIDAR and map • • the existing landslides then use geologic information combined with the LIDAR slope data to create landslide susceptibility maps. Page 3: Bullet no. 8, I'm not sure if this is correct? Bullet no. 10, You need to figure out the landslide susceptibility through modern techniques as suggested above before estimates of percentage susceptible should be estimated. Policies no. 2. Again, non-structural approaches to hazard mitigation should be promoted along with structural. Page 4: no. 5. Once new LIDAR based landslide maps are created, the building codes and or a landslide ordinance should be updated/created and enforced. Some items not included, which should be added include: 1) Public education on predisaster mitigation and post disaster recovery. 2) Risk assessment 3) Institutional and/or long term mitigation plans. Again, based on our review of the Hazards section of the City of Tigard Comprehensive Plan, it appears to need significant updating and revisions. We would be happy to discuss these individual items or perhaps give a general talk to a group of people at the City of Tigard who work on hazards, so that they can have a better understanding of these hazards when creating documents like the Comprehensive Plan. Please call Yumei Wang or myself should you have questions regarding this matter. Our number is (971) 673-1555. Sincerely, Bill Burns, MS, CEG Engineering Geologist CC Yumei Wang, Vicki McConnell, Don Lewis, Ian Madin TIGARD REQUEST FOR COMMENTS DATE: August 17,2007 TO: C.D.Manager,METRO Land Use&Planning Growth Management Services FROM: City of Tigard Planning Division STAFF CONTACT: Marissa Daniels,Assistant Planner (x2428) • Phone: (503) 639-4171 Fax: (503) 684-7297 Email: marissa @ tgard-or.gov COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00002 - TIGARD COMPREHENSIVE PLAN UPDATE OF STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS- REQUEST: To amend the current Comprehensive Plan Topics 3: Natural Features and Open Space by updating the goals, policies and recommended action measures to reflect current community conditions and values. LOCATION: Citywide. ZONE: All City zoning districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, 3, and 7; Metro Functional Plan Title 3 and 13;and Statewide Planning Goals 1, 2, 7, 9,and 11. Attached are the Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: September 5, 2007. You may use the space provided berow or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. PI SE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: • Name&Number of Person Commenting 1 fO �� • • TIGARD REQUEST FOR COMMENTS DATE: August 17, 2007 RECEIVED PLANNING TO: Dave Austin,WCCA AUG 3 1 2007 FROM: City of Tigard Planning Division CITY OF TIGARD STAFF CONTACT: Marissa Daniels,Assistant Planner (x2428) Phone: (503) 639-4171 Fax: (503) 684-7297 Email: marissa @ tgard-or.gov COMPREHENSIVE PLAN AMENDMENT (CPA)2007-00002 - TIGARD COMPREHENSIVE PLAN UPDATE OF STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS- ■ REQUEST: To amend the current Comprehensive Plan Topics 3: Natural Features and Open Space by updating the goals, policies and recommended action measures to reflect current community conditions and values. LOCATION: Citywide. ZONE: All City zoning districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, 3, and 7; Metro Functional Plan Title 3 and 13;and Statewide Planning Goals 1,2, 7, 9,and 11. Attached are the Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: September 5, 2007. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact - of our office. _ Please refer to the enclosed letter or email. Written comments provided below: • Name&Number of Person Commenting. , Fh,b . s `k/ L ` • "� • • CleanWater� Services RECEIVED PLANNING Our commitment is clear. AUG 3 1 2007 • CITY OF TIGARD MEMORANDUM DATE: August 30, 2007 FROM: David Schweitzer, Clean Water Services TO: Marissa Daniels,Assistant Planner City of Tigard Planning Division SUBJECT: Review Comments—Planning Goal 7 Update, 2007-00002 CPA GENERAL COMMENTS • We recommend following the provisions of the current Design and Construction Standards (currently R&O 07-20, available on line at: http://cleanwaterservices.org/PermitCenter/DesignandConstruction/Update/default.aspx) for all issues relating to development,vegetated corridors, erosion control, and preservation of wetlands, natural drainage ways, and enhancements thereof. 2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 Phone: (503)681-3600•Fax: (503)681-3603 •www.CleanWaterServices.org Marissa Daniels - RE: Final Review befor Planning Commission Workshop Page 1 From: "Smith, Robert S. (Storm)" <Storm.Smith @tvfr.com> To: "Marissa Daniels" <Marissa @tigard-or.gov> Date: 8/16/2007 2:25:00 PM Subject: RE: Final Review before Planning Commission Workshop Marissa, Both our South Division Chief, Dustin Morrow, and I have reviewed the product and it looks very good. The document looks very thorough. Nice work. Storm Smith, Community Liaison Tualatin Valley Fire & Rescue 503-356-4713/ 503-780-0393 storm.smith @tvfr.com www.tvfr.com Working Smoke Alarms & Home Sprinklers Save Lives! Original Message From: Marissa Daniels [mailto:Marissa @tigard-or.gov] Sent: Thursday, August 09, 2007 11:52 AM To: Marissa Daniels Subject: Final Review before Planning Commission Workshop Good Morning, Thank you all very much for donating your time to help us update the Comprehensive Plan. Your input is what has truly shaped the Comprehensive Plan Hazards chapter. Please find two documents for your review attached. The first is a final copy of the Hazards policy building blocks. This is a summary of your ideas and comments, so please make sure that I have recorded everything accurately. The second document is a draft of the hazards chapter. The policies in this document are the same policies we discussed at our last meeting. You can either email me your comments, send me a hard copy, or give me a call. Please return any and all comments to me by Thursday, August 16, 2007. Our next meeting will be on Monday, August 20th, for the Planning Commission Workshop. At this meeting I will be receiving comments from the Commission regarding the draft Hazards chapter. Policy Interest Team members will be given the opportunity to speak as well. Come support the policies you helped to create! As always, if you have any questions, please feel free to contact me. Thanks again, • • Marissa Daniels, Assistant Planner Long Range Planning • City of Tigard, Oregon 13125 SW Hall Boulevard Marissa Daniels- RE: Final Review befor*nning Commission Workshop • _ _Page 2 Tigard, OR 97223 (503) 639-4171, ext. 2428 marissa @tigard-or.gov ' 'ee a ~~^ ---- ------- ' IIP From: "Don Levvie <don. iatotoocuo> To: gov> ' Date: 9/7/2007 7:54:02 AM Subject: DOGAMI feedback on natural hazards Marissa: Bill Burns and Yumei Wang from our office have these contributions. Good luck with your efforts. Don CC: "Vicki McConnell" <vinkinnononneU@dogomniotateoruo». "Bill Burns" <biU.bunns@dogonniatoheoruo> • • • • • • • • • September 5, 2007 Marissa Daniels Assistant Planner City of Tigard Tigard, OR Re: City of Tigard Comprehensive Plan Update-Hazards Document Review by DOGAMI Ms. Daniels We received a copy of the Hazards section of the City of Tigard Comprehensive Plan Update on August 29, 2007 dated August 17, 2007 and the request for comments. The Department of Geology and Mineral Industries (DOGAMI) has expertise on two of the four hazard categories listed (earthquakes and landslides) and therefore makes comments on these two hazards only. Our review of the document reveals the need for significant updating and revisions. We have outlined these below and would be happy to discuss further in person. Earthquakes Page 1: The reference to Seismic Zone 3 is from the UBC 1997. Oregon now uses the IBC 2006 and 2007 Structural specialty Code (OSSC) which no longer has seismic zones. This needs to be updated. Page 3: Bullet no.1, The reference to Cascadia..."cause an 8+magnitude earthquake". Most scientists believe this should be M9+. Bullet no.3, I'm not quite sure what this is referring too. I think it might be the earthquake induced hazards, such as amplification, liquefaction, landsliding, etc. Just needs to be clear on what is being discussed. There is a big difference between the seismic hazard (IE ground motion hazard) and the earthquake induced hazards. Bullet no.5, Again, the UBC 1997 seismic zone 3 needs to be updated to the IBC 2006 and 2007 OSSC. Policies no.2, In the case of seismic retrofitting structures (buildings, bridges, etc.), which is one of the best ways to reduce risk from earthquakes, structural approaches to hazard mitigation should be promoted along with non-structural. Landslides Page 2: Second paragraph, states"By mapping steep slopes...etc" This is not how we figure out where landslide prone areas are located. We need to acquire LIDAR and map • • . the existing landslides then use geologic information combined with the LIDAR slope data to create landslide susceptibility maps. Page 3: Bullet no. 8, I'm not sure if this is correct? Bullet no. 10, You need to figure out the landslide susceptibility through modern techniques as suggested above before estimates of percentage susceptible should be estimated. Policies no. 2. Again, non-structural approaches to hazard mitigation should be promoted along with structural. Page 4: no. 5. Once new LIDAR based landslide maps are created, the building codes and or a landslide ordinance should be updated/created and enforced. Some items not included, which should be added include: 1) Public education on predisaster mitigation and post disaster recovery. 2) Risk assessment 3) Institutional and/or long term mitigation plans. Again, based on our review of the Hazards section of the City of Tigard Comprehensive Plan, it appears to need significant updating and revisions. We would be happy to discuss these individual items or perhaps give a general talk to a group of people at the City of Tigard who work on hazards, so that they can have a better understanding of these hazards when creating documents like the Comprehensive Plan. Please call Yumei Wang or myself should you have questions regarding this matter. Our number is (971) 673-1555. Sincerely, Bill Burns, MS, CEG Engineering Geologist CC Yumei Wang, Vicki McConnell, Don Lewis, Ian Madin Marissa Daniels- DLCD Notice of Proposed Amendment-Tigard Hazards Chapter Page 1 .010 . From: Marissa Daniels To: mara.ulloa @state.or.us; Marissa Daniels Date: 8/1/2007 3:56:23 PM Subject: DLCD Notice of Proposed Amendment-Tigard Hazards Chapter Good afternoon, • The notice of proposed amendment for the City of Tigard Hazards Chapter is attached. If you have any questions, or if I can be of any assistance, please let me know. The hard copy is in the mail. Thank you, Marissa Daniels, Assistant Planner Long Range Planning City of Tigard, Oregon 13125 SW Hall Boulevard Tigard, OR 97223 (503) 639-4171, ext. 2428 marissa@tigard-or.gov CC: Doreen Laughlin • • U.S. Postal ServicelM n CERTIFIED MAILTM RECEIPT co (Domestic Mail Only;No Insurance Coverage Provided) N For delivery information visit our website at www.usps.com5 m _D Postage O Certified Fee O im Return Reclept Fee 4 AN ° r (Endorsement Required) rb Q Restricted Delivery Fee t. 6 �cs fU (Endorsement Required) , ru m Total Postage&Fees �507 �� - C, =nt To - - - --- - 0 Al I'ENTION:PLAN AMENDMENT SPECIALIST r` b1'i DEPARTMENT OF LAND CONSERVATION AND DEV. ; on 635 CAPITOL STREET NE.,SUITE 150 City SALEM,OREGON 97301-2540 PS Form 3800,June 2002 See Reverse for Instructions r -'-- - -• - -- -- - .---- 5 • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Si re item 4 if Restricted Delivery Is desired. ❑Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. y.�eceived by(Printed Name) C. Date• Delivery • Attach this card to the back of the mailpiece, ab y or on the front if space permits. - D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No A'11'ENTION:PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEV. 635 CAPITOL STREET NE.,SUITE 150 SALEM,OREGON 97301-2540 3. Service Type DrCertifled Mail ❑Express Mall ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (— 7003 2260 0001 6391 7=863 (Tiansfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 162595-02-Ni-i540 • in person [j electronic E mailed ❑ M 1 DLCD Notice of Proposed Amendment THIS FORM MUST BE RECEIVED BY DLCD AT LEAST 45 DAYS PRIOR TO THE FIRST EVIDENTIARY HEARING I PER ORS 197.610,OAR CHAPTER 660,DIVISION 18 For DIED L e Only Jurisdiction: City of Tigard Local file number: CPA 2007-00002 Date First Evidentiary hearing: 9/17/2007 Date of Final Hearing: Is this a revision to a previously submitted proposal? ❑Yes No Date submitted: 08/01/07 ® Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ❑ Land Use Regulation Amendment ❑ Zoning Map Amendment ❑ New Land Use Regulation ❑ Other: Briefly Summarize Proposal. Do not use technical terms. Do not write "See Attached" (limit of 500 characters): Amend Chapter 3: Natural Features and Open Space(specifically Section 3.1 Physical Limitations, Natural Hazards and Wetlands and Section 3.2 Floodplains) to update the goals, policies, and action measures to reflect current conditions. Has sufficient information been included to advise DLCD of the effect of proposal? Yes Plan map changed from: To: Zone map changed from: To: Location of property (do not use Tax Lot): Tigard City Limits Previous density: New density: Acres involved: 7552 Applicable statewide planning goals: 1 2 3 4 5 6 Z 7 80 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 17 . 18 19 Is an exception to a statewide planning goal proposed? ❑ YES ® NO Goals: Affected state or federal agencies, local governments or special districts (It is jurisdiction's responsibility to notify these agencies. DLCD only reports this information.): DLCD (FEMA), DSL, DOGAMI, Army Corps of Engineers,Tualatin Valley Fire & Rescue, Washington County, and Metro Local Contact: Darren Wyss Phone: (503) 718-2442 Extension: Address: 13125 SW Hall Blvd Fax Number: 503-684-7297 City: Tigard Zip: 97223- E-mail Address: darren @tigard-or.gov DLCD file No. 4 S ' SUBMITTAL REQUIREMENTS This form must be received by DLCD at least 45 days prior to the first evidentiary hearing per ORS 197.610 and OAR Chapter 660, Division 18 1. This form must be submitted by local jurisdictions only (not by an applicant). 2. When submitting, please print this form on light green paper. 3. Send this Form and TWO COPIES of the proposed amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 4. Electronic Submittals: At least one hard copy must be sent by mail or in person, but you may also submit an electronic copy, by either email or FTP. You may connect to this address to FTP proposals and adoptions: webserver.lcd.state.or.us. To obtain our Username and password for FTP, call Mara Ulloa at 503-373-0050 extension 238, or by emailing mara.ulloa @state.or.us. 5. Unless exempt by ORS 197.610(2), proposed amendments must be received at the DLCD's Salem office at least 45 days before the first evidentiary hearing on the proposal. (The clock begins on the day DLCD receives your proposal.) The first evidentiary hearing is usually the first public hearing held by the jurisdiction's planning commission on the proposal. 6. Submittal of a proposed amendment to the text of a comprehensive plan or land use regulation must include the text of the amendment and any other information the local government believes is necessary to advise DLCD of the effect of the proposal. "Text" means the specific language being added to or deleted from the acknowledged plan or land use regulations. A general description of the proposal is not adequate. 7. Submittal of a proposed map amendment must also include a map of the affected area showing existing and proposed plan and zone designations. The map should be legible and on 8'V2 x 11 inch paper. Please provide the specific location of property, such as an address and/or tax lot number. Include text regarding background and/or the justification for the change, such as the application accepted by the local government. 8. Submittal of proposed amendments that involve a goal exception must include the proposed language of the exception. 9. Do not submit this form without supporting documentation. 10. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. Please print on 8-1/2x11 green paper only. You may also call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email your request to mara.ulloa @state.or.us - ATTENTION: PLAN AMENDMENT SPECIALIST. http://www.lcd.state.or.us/LCD/forms.shtml Updated November 27,2006 3. NATURAL FEATURES*OPEN SPACE • This chapter addresses a broad range of topics all having to do with the natural resources located within the Tigard Urban Planning Area. This chapter reflects the concerns expressed in several of the Statewide Planning Goals including: Goal #3 - Agricultural Lands; Goal #4 - Forest Land; Goal #5 - Open Spaces; Scenic and Historic Areas and Natural Resources; Goal - Areas subject to Natural Disasters and • Hazarde; and Goal#8- Recreational Needs. The natural environments within the planning area offer many opportunities for a unique and healthy urban development. Those environments, when viewed as a series of systems rather than isolated features, will provide Tigard with those elements necessary for a healthy place in which to live, work and play. Floodplain greenways, for example, can provide the community with an excellent system of open space links between neighborhoods and services, in addition to providing a relatively inexpensive system for storm water runoff. It is to the community's benefit that consideration be given to both the opportunities and the limitations of the various environments within the planning area. The natural environments included within the planning area all have their own respective limitations with regard to urbanization. Development pressure upon lands with such limitations can have profound effects on the environment. Erosion of steep slopes caused by inappropriate development, for instance, does not occur as an isolated incident. Soil type, permeability, vegetation and drainage all play major roles in and are effected by development. Likewise, the effects of inappropriate development located within the floodplain areas could have adverse effects on properties both up and down stream from the development site. The social, cultural and economic values of such resource lands could be reduced by the effects of urban development nearby. The limitations of the various environments should be considered in reviewing new development within the planning area. The recognition of the natural environment in the planning area and the development of findings and policies which address the characteristics of the environment are extremely important elements in the Comprehensive Plan. The purpose of this chapter is to define the parameters of the various natural environments in the planning area and to identify the limitations and opportunities inherent in those environments. Additional information on this topic is available in the "Comprehensive Plan Report: Natural Features and Open Spaces." 3.1 PHYSICAL LIMITATIONS, NATURAL HAZARDS AND WETLANDS Ptiaetiegs and density et development which sari he aseeenraeelated en that property (carrying capacity). Combinations 64441 aS steep stapes and enstable soils create severe development conctraintc. €xcoccive development in sash physically limited areas greatly increases the potential severity e€ nataral habitation et wildli€a- Nonetheless, it is tee e#tee removed end replaced by buildings er • - - - - - - - -• - - -• -• -- - - • Increased runoff and sedimentation from pearly developed hillsides sae require increased public Vol. II, Policy 3-1 POLICY 3.1.1 THE CITY SHALL NOT ALLOW DEVELOPMENT IN AREAS HAVING THE FOLLOWING DEVELOPMENT LIMITATIONS EXCEPT WHERE IT CAN BE SHOWN THAT ESTABLISHED AND PROVEN ENGINEERING TECHNIQUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED DEVELOPMENT. (NOTE: THIS POLICY DOES NOT APPLY TO LANDS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP.): a. AREAS MEETING THE DEFINITION OF WETLANDS UNDER CHAPTER 18.26 OF THE COMMUNITY DEVELOPMENT CODE; b. AREAS HAVING A SEVERE SOIL EROSION POTENTIAL; s AREAS SUBJECT TO SLUMPING, EARTH SLIDES OR MOVEMENT; d- AREAS HAVING SLOPES IN EXCESS OF 25%; OR e- AREAS HAVING SEVERE WEAK FOUNDATION SOILS. (Rev. Ord. 85-13; Ord. 84-36) IMPLEMENTATION STRATEGIES•• _- - .• -- •..• - - - ----- - '=- , - -= --•- - - • - - - _ •-- - •-• •-- - = - •-=•4- - - - -o •- - -- - -- - - - o - site cpesi€c sell switveye and geelegic studies where potential hazards are identified used p6+•- - - - - - - - , - - - - &pesial design seesideratiens and construction fneacures 43e take+ to offset the se# and geologic• - -- - - - - --- - - - - - - - - - - •- -- =--- . (Rev. Ord. 85 13) FLOODPLAINS •Padinge - -- -- - •- - --- - -= - -- - - - -- - -- - ':-- - - - - ' -- •• Vol. II, Policy 3-2 prepertioc;and•• - - = - - - -- -- = - - • - . Fleedleveis #leading-essere. • —— , •• — ——-•_ , • •— • —•— •— = ' — - • —.t• — — -- - -- •- - levels- • - - - - = = - ' _ - . --- - • Tho City of Tigard, with acsistanco from Tho U.S. Army Corps of Enginoors, has oetablichod an aroa•-- - '--- - -• - - '= - _ - Tho foderal • The Qityy e€ Tigard eerrently laas erdinancoc, pelieles and standards withie the Tigard Gemfeehity•P.- --- • a- - • • -_- _ - - - .' e. - - - 1 -- - - - -- -- - - -- - -- - - - -• , ''-_ - - - .. a_ - • aro taken. - -- e -- '_ - - ' -- - . (Rov. Ord. 85 13) POLICIES 3,24 THE CITY SHALL PROHIBIT ANY LAND FROM ALTERATIONS OR DEVELOPMENTS IN THE 100 YEAR IN WHICH WAD RESULT IN ANY RISE IN ELEVATION OF THE 100 YEAR FLOODPLAIN. 3-24 THE CITY SHALL: a- PROHIBIT LAND FORM ALTERATIONS AND DEVELOPMENT IN THE FLOODWAY*, _• • eS e a _. . - _, _ • ,. -- FUNCTION AND MAINTENANCE OF THE ZERO FOOT RISE FLOODWAY*; AND ALLOW LAND P32,34RM AI TERATIONS GI4 DEVELOPMENT IN TIE. FLOODPLAIN* OUTSIDE T44E ZERO FOOT RISE FLOODWAY* PRESERVE 9#R ENHANCE _ .. .- - _P111 _.. _ ..■ . . * ... . ■• Vol. II, Policy 3-3 �- LAND FORM ALTERATION AND/OR IS 4N AN AREA DESIGNATED GOMMEROIAL OR AL ON THE COMPREHENSIVE PLAN LAND USE MAP, AND FACTORS SET FORTH IN POLICY 3.2.3 CAN BE SATISFIED; OR 2- TI4E I=ANID POW ALTERATION AND/OR DEVELOPMENT IS ASSOCIATED WITH COMMUNITY RECREATION USES, UTILITIES, OR PUBLIC SUPPORT FACILITIES AS DEFINED IN CHAPTER 41-42 OS THE COMMUNITY BE SATISFIED. 2123 WHERE LAND FORM ALTERATIONS AND DEVELOPMENT ARE ALLOWED WITHIN THE 100 YEAR FLOODPLAINN* OUTSIDE THE ZERO FOOT RISE FLOODWAY*, THE CITY SHALL REQUIRE: a- THE CAPACITY OP THE ZERO FOOT RISE FLOODWAY* BE M IN Pi BE NO DETRIMENTAL UPSTREAM OR DOWNSTREAM EFFECTS IN THE FLOODPLAIN* AREA, AND THAT TIDE CRITERIA PORT-I4 IN THE SENSITIVE LANDS SECTION OF THE CODE HAVE BEEN MET(Soo FIS Soptombor 1981); 6- A BUFFER, EITHER EXISTING OR PLANTED, ON THE COMMERCIAL OR INDUSTRIAL LAND ABUTTING RESIDENTIAL LAND WHICH ADEQUATELY SCREENS THE DEVELOPMENT FROM VIEW BY THE ADJOINING RESIDENTIAL LAND, AND WHICH TI.S GONEIDERATION 8E DEDICATION O€ OPEN LAND ARE-A € R GREENWAY ADJOINING THE FLOODPLAIN* INCLUDING PORTIONS AT A SUITABLE ELEVATION F- R Tk4E Q. A PEDESTRIAN/BICYCLE PATHWAY WIT441414 Tk4E FLOODPLAIN* IN ACCORDANCE WITH THS ADOPTED PEDESTRIAN BICYCLE PATHWAY PLAN. 2-2-4 T44E CITY SHALL PROHIBIT DEVELOPMENT IN AREAS DESIGNATED AS WET-LANDS ON T#E FLOODPLAIN AND WETLANDS MAR NO DEVELOPMENT SHALL OCCUR ON PROPERTY ADJACENT TO AREAS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP WITHIN TWENTY - - - e - e-_ _• • e • _• • e_ • •. DEVELOPMENT ON PROPERTY ADJACENT TO SIGNIFICANT WET-LANDS ANDS SHALL BE ALLOWED UNDER THE PLANNED DEVELOPMENT SECTION OF THE CODE. 2-2-6 THE CITY SHALL REQUIRE T-145 CONSIDERATION OP HON GP ALL UNDEVELOPED LAND WIT 4414 THS 100 YEAR FLOODPLAIN PLUS SUFFICIENT OPEN LAND FOR GREENWAY PURPOSES SPECIFICALLY IDENTIFIED FOR RECREATION WITHIN THE PLAN. (Roy. Ord. 05 01; Ord.98 19; Ord. 00 22; Ord. 85 13; Ord. 81 36) 3.3 NATURAL RESOURCES Findings • Currently, there are extensive rock and gravel extraction areas located to the north and west of Tigard's planning area within Beaverton and Washington County. (Rev. Ord. 01-07) • There is one active mineral or aggregate resource within the Tigard Planning Area, known as the Durham Pits,which is operated by Washington County. Vol. II, Policy 3-4 • Hazards Natural features provide a community with valuable resources,but under certain conditions, these resources may also present a hazard. While a river or creek primarily provides functional and aesthetic value, this same resource could quickly threaten property and people during heavy rains unless careful planning has documented the flooding risk and prepared for such an event. The City's commitment to protect people and property from hazards is based on Oregon Statewide Planning Goal 7. Goal 7 defines six state hazards, four of which apply to the City of Tigard: floods, landslides, earthquakes,and wildfires. In addition, the City is also vulnerable to severe weather events,and technological or man-made hazard events. Goal 7: Areas Subject to Natural Hazards "To protect people and properly from natural hazards." The vision of Tigard residents for the year 2027 includes a safe and quiet residential atmosphere where natural resources are protected and the impact of natural hazards on the community is minimal. Tigard residents value the importance of natural systems in protecting the community from hazards,and additionally recognize that although landslides, earthquakes,wildfire, and floods occur naturally, the effects of these events are often exacerbated by human influence. Hazards can have a significant impact on a region,and protecting Tigard from these impacts is the aim of this chapter.As development continues in Tigard, and the buildable land and easy-to-develop sites decline,land-use planning plays a key role in assessing and reducing the risk to people and property from hazards. Because these hazards extend across jurisdictional boundaries, and because the scale of potential events is so large, planning requires regional and countywide coordination.An understanding of both the underlying natural conditions and past history of events provides critical information for future development planning. Due to the scale and complexity of earthquakes,Tigard coordinates with the Oregon Department of Geology and Mineral Resources (DOGAMI) to predict and plan for earthquakes. In the event of an earthquake, the built environment- buildings,infrastructure- will absorb the quake's energy. To minimize the risk of loss of life and property from earthquakes, the City requires all new commercial,industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements for Zone 3 (the second highest hazard code),while single-family construction must conform to the Oregon One and Two Dwelling Specialty Code for seismic category Dl. In addition to DOGAMI,Tigard coordinates with Metro,Washington County,and other jurisdictions to mitigate the risk of an earthquake. In Tigard,wildfire is characterized by the Urban Interface Zone,or the urban-rural fringe where homes and other structures are built onto a densely forested or natural landscape. The Oregon Department of Forestry implements the Oregon Forestland-Urban Interface Fire Program,which is expected to be fully implemented by 2011,in order to protect interface communities in Oregon from wildfire. The City of Tigard works with Tualatin Valley Fire and Rescue (TVF&R) to mitigate the effects of wildfire. TVF&R is responsible for all fire prevention and education,and has the opportunity to comment on all development • • applications. TVF&R also maps the urban interface zone in Tigard. The Oregon Department of Environmental Quality (DEQ) controls both backyard and agricultural burning in Oregon; however,Tigard is within the DEQ permanent burn-ban area in an effort to reduce the risk of wildfire as a result of backyard burning. The City protects people and property from landslides by first working to prevent landslides. Although landslides are a natural geologic process, the incidence of landslides and their impacts on people can be exacerbated by human activities. Such human activities include grading for road construction and development, excavation, drainage and groundwater alterations,and changes in vegetation. By mapping steep slopes and allowing only appropriate development in these areas the City can limit the impact of landslides on the community. Also, by retaining vegetation and natural drainageways in these areas, the City can work to reduce conditions which may lead to landslides. The effects of landslides are often more widespread than the physical area they inhabit, as landslides can affect utility services, transportation systems,and critical lifelines. Hoods are influenced by a number of factors,including the amount and intensity of precipitation,geography and geology,and development activity. The City of Tigard cannot control precipitation or the community's soil type but can control development activity that • contributes to, and is affected by, flooding. The City coordinates with several agencies to mitigate the risk of flooding. The Federal Emergency Management Agency (FEMA) coordinates the effort to reduce the community's risk to flooding by mapping the 100-year floodplain. This floodplain is used to administer the National Flood Insurance Program (NFIP) and acts as the flood hazard area in regulating development activities and reducing impacts from flood events. Oregon state law regulates development within the 100-year floodplain and Tigard complies through adoption of Metro's Urban Growth Management Functional Plan,Title 3. The Sensitive Lands chapter of the Tigard Community Development Code implements Title 3 through the Clean Water Services'Design and Construction Standards. Floods can have a devastating impact on almost every aspect of the community,including private property damage,public infrastructure damage, and economic loss from business interruption.The City has been proactive in mitigating flood hazards by purchasing floodplain property. These areas,if left undisturbed, can act to store excess flood water. The Oregon Division of State Lands (DSL), jointly with the U.S.Army Corps of Engineers,requires a permit for development within the waters of the United States. Any disturbance to a water body and its associated floodplain is covered through this process. Tigard is also at risk of non-natural hazards,including technological and man-made hazards. Although statewide planning goal 7 addresses natural hazards, other hazards are included in this chapter as the community is concerned about protection from non-natural hazards as well as natural hazards. Tigard coordinates planning for non-natural hazardous occurrences with other jurisdictions and agencies from around the state. Key Findings • • The Cascadia Subduction Zone could potentially cause an 8+ magnitude earthquake, affecting Tigard. • Tigard is subject to more frequent shallow earthquakes (crustal fault earthquakes). These events typically do not exceed magnitude 4, but could go up to magnitude 7. • • • Fifty-eight percent of the City is subject to the greatest earthquake hazard level, with an additional 21% falling into the next hazard level. These areas include developed residential and commercial areas, as well as the Washington Square Regional Center. • Wood-frame homes tend to withstand earthquakes better than unreinforced brick buildings. • The City of Tigard requires all new commercial, industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements for Seismic Zone 3, while single-family construction must conform to`the Oregon One and Two Family Dwelling Specialty Code for Seismic Category Dl. • The increasing number of homes being built in the urban interface zone is increasing the threat of wildfire in Tigard. More than 30% of all land in Tigard is vulnerable to wildfire. • Tigard is within the Oregon Department of Environmental Quality's permanent burn ban area, so backyard burning is not allowed anywhere within Tigard. • The most common type of landslide in Washington County is caused by erosion. • Historically Landslide events within the City have not had significant impacts on residents or caused major property damage; however, they have had an impact in Washington County. • Estimates of areas vulnerable to landslides include 286.2 acres of land in Tigard, and 4.3 miles of critical streets in Tigard. Landslides would affect less than 3% of the City's land area. • Human activities within the Tualatin Basin have significantly changed the hydrology of the watershed. • Floods are Oregon's most frequently occurring natural disaster. • The 100-year floodplain includes six streams and 7.9% of all land area in Tigard. The last major flood event in 1996 inundated 2.2% of the land area in Tigard. • As of June 2006,Tigard owns 34% of the 100-year floodplain. • Tigard residents are concerned about the effects of all other hazards on the community. Goal 7.1 Protect people and property from flood,landslide, earthquake,wildfire,and severe weather hazards. Policies 1. The City shall not allow development in areas having the following development limitations except where it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development: A. Areas having a severe soil erosion potential; B. Areas subject to slumping, earth slides, or movement; C. Areas having slopes in excess of 25%;or D. Areas having severe weak foundation soils. 2. The City shall promote the use of non-structural approaches to hazard mitigation. 3. The City shall coordinate land use and public facility planning with public safety providers (law enforcement, fire safety,and emergency service providers) to ensure their capability to respond to hazard events. • • 4. The City shall design and construct public facilities to withstand hazardous events with a priority on hazard protection of public services and facilities that are needed to provide emergency response services. 5. The City shall apply and enforce building code standards to protect the built environment from natural disasters and other hazards. 6. The City shall enforce standards requiring the creation and maintenance of defensible space around habitable structures located in wildfire hazard areas. 7. The City shall comply with the Federal Emergency Management Agency (FEMA) flood regulations,which include standards for base flood levels,flood proofing,and minimum finished floor elevations. 8. The City shall prohibit any land form alterations or developments in the 100-year floodplain which would result in any rise in elevation of the 100-year floodplain. 9. The City shall not allow land form alterations or development within the 100-year floodplain outside the zero-foot rise floodway unless: A. The streamflow capacity of the zero-foot rise floodway is maintained, and B. Engineered drawings and/or documentation shows there will be no detrimental upstream or downstream effects in the floodplain area. 10. The City shall protect natural drainageways and wetlands as valuable water retention areas and where possible find ways to restore these areas. 11. The City shall comply with Metro Title 3 Functional Plan requirements for balanced fill and removal in the floodplain. 12. The City shall work with Clean Water Services to preserve the natural storm water drainageways to reduce the potential for flooding. 13. The City shall minimize impervious surfaces to reduce storm water runoff. 14. The City shall retain existing vegetation in areas with landslide potential to the greatest extent possible. 15. The City shall work to reduce the risk of loss of life and damage to property from severe weather events. Recommended Action Measures i. Place land acquisition priorities on high hazard areas to be used for recreation or open space purposes. ii. Update and maintain accurate information regarding natural hazard risks and past events. iii. Publicize and maintain maps of high hazard areas. iv. Address planning for the protection of public facilities and services from hazards in • the Tigard Public Facilities Plan and Community Investment Plan. v. Retrofit existing public facilities and services to contemporary standards to better withstand natural disasters and hazardous occurrences. vi. Recognize some existing buildings have not been built to contemporary building code standards and seek ways to encourage their retrofit to modern codes. vii. Update and maintain a list of essential and critical facilities to be used in hazards planning. viii.Work with Tualatin Valley Fire and Rescue Community Safety Program to provide information and education about urban interface wildfire to Tigard citizens. ix. Adopt the Tualatin Valley Fire and Rescue Wildfire Hazard Map and implement section R324 of the Oregon Residential Specialty Code. x. Provide information and access to resources for property owners who wish to assess the ability of their buildings to withstand natural hazards. xi. Continue to participate in the National Flood Insurance Program. Goal 7.2 Protect people and property from non-natural hazardous occurrences. Policies 1. The City shall design, construct,and coordinate the surface transportation system to reduce the potential for mass casualty accidents and to provide the ability to evacuate when necessary. 2. The City shall encourage communication and coordination among a wide variety of agencies to respond to technological and man-made disasters. Recommended Action Measures i. Update and maintain an inventory of locations where hazardous materials might pose a danger to the public,including storage and transportation areas. ii. Update and maintain the Emergency Operations Plan to ensure essential governance and public safety services are available during a disaster. iii. Continue to work with the Washington County Office of Emergency Management to educate citizens about disaster preparedness. iv. Continue to implement the Community Emergency Response Team (CERT) Program for community members and City staff. v. Encourage projects that enhance medical treatment capabilities and capacity. EQUE5T- ro ?oMM € Nrs . q . A Tigard Planning Commission _Agenda Item # Page / of Date of Hearing q 7 ‘..) Case Number(s) e PI' or - 0 00 0 Case Name 6),.),y fD /4/(07A 7/e_ AiaXtVe't Location If you would like to speak on this item, please PRINT your name, address, and zip code below: Proponent (for the proposal): Opponent (against the proposal): trA'71-1 Name: \G\- L(...ven---vp--7) Name: Address:1 k5) Address: City, State, Zip: 1711.\soC) 0? 051-- City, State, Zip: Name: Name: • Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: 011 OF TIGARD REQUEST FOIIOMMENTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: CIA 7001-()COO- FILE NAME: u11 KdS (MI) PW A AlMI ftPMt1' CITY OFFICES _LONG RANGE PLANNING/Ron Bunch,Planning Mgr. _CURRENT PLANNING/Todd Prager/Arborist _POLICE DEPTJJim Wolf,Crime Prevention Officer _BUILDING DIVISION/Mark(residential)Brian(commercial) _ENGINEERING DEPTJKim McMillan,Dvlpmnt.Review Engineer _HEARINGS OFFICER(+2 sets) _CITY ADMINISTRATION/Cathy Wheatley.City Recorder _PUBLIC WORKS/Rob Murchison,Project Engineer _PLANNING COMMISSION/GRETCHEN(+12 sets) _COMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs._PUBLIC WORKS/Steve Martin,Parks Supervisor _FILE/REFERENCE(+2 sets) CODE ENFORCEMENT/Christine Darnell,Code Compliance Specialist(DCA) SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.*./TUALATIN VALLEY FIRE&RESCUE♦ _ TUALATIN VALLEY WATER DISTRICT* ZGLEAN WATER SERVICES* Planning Manager North Division Administrative Office Marvin Spiering/SWM Program 15707 SW Walker Road John K.Dalby,Deputy Fire Marshall PO Box 745 155 N.First Avenue Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97075 Hillsboro,OR 97124 Beaverton,OR 97005-1152 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON * Z CITY OF TUALATIN * _OR.DEPT.OF FISH&WILDLIFE LOR.DIV.OF STATE LANDS Planning Manager Planning Manager Devin Simmons,Habitat Biologist Melinda Wood(WLUN Form Required) _ Steven Sparks,Dev.Svcs.Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279 Beaverton,OR 97076 Portland,OR 97231 / OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING* �/ OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE Si' CITY OF DURHAM* 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 17160 SW Upper Boones Fry.Rd. _ Joanna Mensher,Data Resource Center(ZCA) 'US ARMY CORPS.OF ENG. Durham,OR 97224 .7 Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Maps a cws Low only) / .% Mel Huie,Greenspacescoordinator(CPM0A) Mara Ulloa(Comp.Plan Amendments&Measure 37) Routing CENWP-OP-G ✓ CITY OF KING CITY* _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Powertries in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. / Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue V CITY OF LAKE OSWEGO* Routing TTRC-Attn: Renae Ferrera 3040 25th Street,SE Suite'350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Steve Conway(General Apps.) Lake Oswego,OR 97034 Planning Division(ZCA)MS 14 %//OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * ■Brent Curtis(CPA) CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) Development Review Coordinator . Doria Mateja(ZCA)Ms 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacations) 3e,Sr.Cartographer tcPArzcAtMS 14 1900 SW 45 Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,survey gcA)Ms15 Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 / _OR.PARKS&REC.DEPT. .( WA.CO.CONSOL.COMM.AGNCY ZDOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(wcccA)-gur"(14...pouTOw.rs) Sam Hunaidi,AssatantorstrictManager (Notify i ODOT RUR-Hwy.Crossing isOny Access toLand) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,5,Crossing Safety Specialist (Notify if Property Has HO Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13'"Street,NE,Suite 3 725 Sumner Street NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northem/Santa Fe R/R Predecessor) Bruce Carswell,President&General Manager 1200 Howard Drive SE Albany,OR 97322-3336 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. ✓TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Anneoatons Only) Gerald Backhaus(seewplorm.Cmtaa) (It Project a WNrin V.Mde of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 _PORTLAND GENERAL ELECTRIC _NW NATURAL GAS COMPANY —VERIZON (MC030533) _QWEST COMMUNICATIONS Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Brandon Kahler,Engineering Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 20575 Vonnewmann Dr.,Suite 150 8021 SW Capitol Hill Rd,Rm 110 /Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 `� TIGARD/TUALATIN SCHOOL DIST.#23J , BEAVERTON SCHOOL DIST.#48 • _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jan Youngquist,Demographics Alex Silantiev tse.M+phrAn ccetaa) Brian Every(Soos Ent wLnaswn 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg.12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h:\pattyvnasters\Request For Comments Notification List.doc (UPDATED: 6-Jun-07) (Also update:i:lcu pinl setup tlabe)slannexationslannexation_utilities and franchises.doc,mailing labels&auto text when updating this documet SiVI ' J3iVW -9N111/1617d COMMUNITY ,,,_i.,:,, ;� i SPAPERS , Ili CITY OF TIGARD ' t N :,.. 6605 SE Lake Road, Portland, OR 97222• PO OREGON , f Box 22109• Portland, OR 97269 TI GA R D Phone: 503-684-0360 Fax: 503-620-3433 Email: legals @commnewspapers.com I PUBLIC HEARING ITEM: u+.rl ,;, I The following will be considered by the Tigard-City Council on» I AFFIDAVIT O F PUBLICATION Tuesday December 4,2007 at 6:30 PM at the Tigard Civic Center i r -Town Hall, 13125 SW Hall Blvd.,Tigard,Oregon. State of Oregon, County of Washington, SS j Public oral or written testimony is invited. The public hearing,on t , this matter will be held under Title 18 and rules of procedure adno I, Charlotte Allsop, being the first duly sworn, , opted by the Council and available at City Hall or the rules of probe ', depose and say that I am the Accounting cedure set forth in Section 18.390.060.E. •rrisz • Manager of The Times(serving Tigard, i Further information may be obtained from the City of Tigard Plan- Tualatin & Sherwood), a newspaper of ning Division(Staff contact: Marissa Daniels)at 13125 SW Hall general circulation, published at Beaverton, in I Blvd.,Tigard,Oregon 97223 or by calling 503-639-4171. zu Ai the aforesaid county and state, as defined by ` COMPREHENSIVE PLAN AMENDMENT(CPA)2007-00002 ii ORS 193.010 and 193.020, that -Tigard Comprehensive Plan Update of Goals,Policies,and - Recommended Action Measures Pertaining to Statewide,owe Planning Goal 7:Natural Hazards- City of Tigard i •REQUEST: Amendments to the current Comprehensive Plan P. CPA2007-00002CC Topic 3: Natural Features and Open Space to update the goals;' TT11052 policies and recommended action measures.to reflect current com=11. ' munity conditions and values. The complete text of the proposedii Amendment can be viewed on the City's website at htt //www: i a copy of which is hereto attached, was ty' p t.W gard-or.gov/code amendments. LOCATION: Citywide. ZONE: published in the entire issue of said nriz ' Citywide. APPLICABLE REVIEW CRITERIA: Community t, newspaper for Development Code Chapters 18.380 and 18.390; Comprehensi9e E 1 Plan Policies 1,2,and 3;Metro Functional Plan Title 3 and 13;andq weeks in the following issues Statewide Planning Goals 1, 2, 7, 9, and 11. Publish 11/15/2007 . November 15, 2007 TT11052 • Ijika-k(E/01-k CULUI-Z. Charlotte Allsop (Accounting Manager) November 15, 2007 • 3_,u_l_jr- S C .c NOTARPPUBLIC FOR OREGON My commission expires ‘..-1\a/ o��- i �n07 Acct#10093001 .''\. OFFICIAL SEAL t/ �)=�' :'� ' SUZETTE I CURRAN / Doreen Laughlin () NOTARY PUBLIC-OREGON City of Tigard ( COMMISSION NO.373063 13125 SW Hall Blvd. (� MY COMMISSION EXPIRES NOV.28,20071 L-`-• �- --- �- �- - ---- Tigard, OR 97223 Size:2 x 4.75 Amount Due $79.32 *Remit to address above 411 1111 PLEASE PLACE UNDER CITY OF TIGARD LOGO IN THE LEGAL NOTICE SECTION OF TIGARD TIMES, THE FOLLOWING: PUBLIC HEARING ITEM: The following will be considered by the Tigard City Council on Tuesday December 4. 2007 at 6:30 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. Further information may be obtained from the City of Tigard Planning Division (Staff contact: Marissa Daniels) at 13125 SW Hall Blvd.,Tigard, Oregon 97223 or by calling 503-639-4171. COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00002 - Tigard Comprehensive Plan Update of Goals, Policies, and Recommended Action Measures Pertaining to Statewide Planning Goal 7: Natural Hazards- REQUEST: Amendments to the current Comprehensive Plan Topic 3: Natural Features and Open Space to update the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, and 3; Metro Functional Plan Title 3 and 13;and Statewide Planning Goals 1,2,7, 9,and 11. (THERE IS NO MAP TO BE PUBLISHED WITH THIS NEWSPAPER PUBLICATION. THANK YOU) TT PUBLISH DATE: November 15,2007 cz Q l� Ili _ �. • , COMMUNITY -- . -- -NEWSPAPERS 6605 SE Lake Road, Portland,OR 97222•PO • V CITY OF TIGARD Box 22109• Portland, OR 97269 , Phone: 503-684-0360 Fax: 503-620-3433 OREGON Email: legals @commnewspapers.com - TIGARD • AFFIDAVIT OF PUBLICATION State of Oregon, County of Washington, SS j PUBLIC HEARING ITEM: The following will be considered by the Tigard Planning I, Charlotte Allso being the first duly sworn, Commission on Monday September 17. 2007 at 7:00 PM at the p, g y Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, depose and say that I am the Accounting Oregon. Manager of The Times(serving Tigard, Public oral or written testimony is invited. The public hearing on Tualatin & Sherwood), a newspaper of this matter will be held under Title 18 and rules of procedure general circulation, published at Beaverton, in adopted by the Council and available at City Hall or the rules of the aforesaid county and state, as defined by procedure set forth in Section 18.390.060.E. The Planning ORS 193.010 and 193.020, that Commission's review is for the purpose of making a recommen- dation to the City Council on the request. The Council will then City of Tigard hold a public hearing on the request prior to making a decision. CPA 2007-00002 I Further information may be obtained from the City of,Tigard TT11019 Planning Division(Staff contact: Marissa Daniels) at.13125.SW Hall Blvd.,Tigard,Oregon 97223 or by calling 503-639-4171. a copy of which is hereto annexed, was published in the entire issue of said COMPREHENSIVE PLAN AMENDMENT(CPA)2007-00002 1 newspaper for Tigard Comprehensive Plan Update of Statewide Planning Goal 1 7: Natural Hazards , weeks in the following REQUEST: Amendments to the current Comprehensive Plan. g Issues Topic 3: Natural Features and Open Space by updating the goals;" August 30, 2007 policies and recommended action measures to reflect current corn-' munity conditions and values. The complete text of the proposed' Amendment can be viewed on the City's website • at http://www.tigard-or.gov/code amendments. C'kav �� LOCATION: Citywide. ZONE: All City zones.APPLICABLE REVIEW CRITERIA: Community Development) Code Chapters 18.380 and 18.390,; Comprehensive Plan.Policies Charlotte Allsop (Accounting Manager) 1, 2, 3 & 7; Metro Functional Plan Title 3 and 13; and Statewide Goals 1,2, 7,9 and 11. Publish 8/30/2007 TT11019 August 30, 2007 [ Planning /x C Zit-4. OFFICIAL SEAL NOTARY PUBLIC FOR OR ROBIN A.BURGESS My commission expiresO NOTARY PUBLIC-OREGON COMMISSION NO.390701 MY COMMISSION EXPIRES MAY 16,2009 . Acct#10093001 Doreen Laughlin City of Tigard - 13125 SW Hall Blvd. Tigard, OR 97223 Size:2 x 5.5 Amount Due$91.85 `Remit to address above • PLEASE PLACE UNDER CITY OF TIGARD LOGO IN THE LEGAL NOTICE SECTION OF TIGARD TIMES, THE FOLLOWING: PUBLIC HEARING ITEM: The following will be considered by the Tigard Planning Commission on Monday September 17, 2007 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: Marissa Daniels) at 13125 SW Hall Blvd.,Tigard,Oregon 97223 or by calling 503-639-4171. COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00002 - Tigard Comprehensive Plan Update of Statewide Planning Goal 7: Natural Hazards- REQUEST: Amendments to the current Comprehensive Plan Topic 3: Natural Features and Open Space by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard- or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390,; Comprehensive Plan Policies 1, 2, 3 &7; Metro Functional Plan Tide 3 and 13; and Statewide Planning Goals 1,2,7,9 and 11. (THERE IS NO MAP TO BE PUBLISHED WITH THIS NEWSPAPER PUBLICATION. THANK YOU) TT PUBLISH DATE: August 30,2007 • NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SPR: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER p . TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY. SEPTEMBER 17, 2007, AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL TO BE ANNOUNCED. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING"TESTIMONY FROM THE PUBLIC. FILE NOS.: COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00002 FILE TITLE: TIGARD COMPREHENSIVE PLAN UPDATE OF STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS. APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: To amend the current Comprehensive Plan Topic 3: Natural Features and Open Space by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Code Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_amendments. LOCATION: Citywide ZONE: All City zoning districts APPLICABLE REVIEW Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, CRITERIA: 3,4,and 7;Metro Functional Plan Title 3 and 13;and Statewide Planning Goals 1, 2,7, 9,and 11. • -DRAFT- Hazards Natural features provide a community with valuable resources but,under certain conditions, these resources may also present a hazard. For example, rivers and creeks are important for storm water conveyance,wildlife habitat, and water quality. However, these resources can quickly threaten property and people unless careful planning has documented flooding risk and adequate precautions are taken. The City's commitment to protect people and property from hazards is based on Oregon Statewide Planning Goal 7. Goal 7 lists six hazard categories to be addressed by comprehensive plans. Four of these apply to the City of Tigard: wildfire,landslides, flooding, and earthquakes. In addition, the City is also vulnerable to harm from severe weather and man-made hazards. Goal 7: Areas Subject to Natural Hazards "To protect people and property from natural hazards." Tigard's citizens value a safe community where natural resources are protected and there is minimal danger from both natural and man-made hazards. Tigard residents value the importance of natural • systems in protecting the community from hazards, and additionally recognize that although landslides, earthquakes,wildfires and floods occur naturally, the effects of these events are often made worse by human activities. Hazards can have a significant negative impact on a community's quality of life. It is important for the Comprehensive Plan to provide policy direction on how the City will manage hazardous conditions and events. Land use planning, development regulation and emergency management play key roles in assessing and reducing the risk to people and property from hazards. It is important for local governments to have an understanding of underlying natural conditions and past event history to develop hazard mitigation and prevention programs. Earthquakes Because hazards, such as earthquake faults and floodplains, extend across jurisdictional boundaries, it is essential to coordinate planning and emergency response services regionwide and with the state and federal governments. For example, due to the scale and complexity of earthquakes,Tigard coordinates with the Oregon Department of Geology and Mineral Industries (DOGAMI). In addition to DOGAMI,Tigard coordinates with Metro,Washington County, and other jurisdictions to mitigate the risk associated with an earthquake. To minimize loss of life and property from earthquakes, the City requires all new commercial,industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements for Zone 3 (the second highest hazard code), while single-family construction must conform to the Oregon One and Two Dwelling Specialty Code for seismic category Dl. Wildfire In Tigard,wildfire is characterized by the Urban Interface Zone, or the urban-rural fringe where homes and other structures are built onto a densely forested or natural landscape. The Oregon Department of Forestry implements the Oregon Forestland-Urban Interface Fire Program,which is expected to be fully implemented by 2011,in order to protect interface communities in Oregon from wildfire. The City of Tigard works with Tualatin Valley Fire and Rescue (TVF&R) to mitigate the effects of wildfire. TVF&R is responsible for all fire prevention and education, and has the CITY OF TIGARD COMPREHENSIVE PLAN UPDATE-HAZARDS CPA 2007-00002 1 • -DRAFT- • opportunity to comment on all development applications. TVF&R also maps the urban interface zone in Tigard. The Oregon Department of Environmental Quality (DEQ) controls both backyard and agricultural burning in Oregon; however,Tigard is within the DEQ permanent burn-ban area in an effort to reduce the risk of wildfire as a result of backyard burning. Landslides People and property are best protected from landslide when building structures and roads are not built within areas prone to mass movement. Although landslides are a natural geologic process, the incidence of landslides and their impacts on people can be exacerbated by human activities. Such human activities include grading for road construction and development, excavation, drainage and groundwater alterations, and changes in vegetation. By mapping steep slopes and allowing only appropriate development in these areas the City can limit the impact of landslides on the community. Also,by retaining vegetation and natural drainageways in these areas, the City can work to reduce conditions which may lead to landslides. The effects of landslides are often more widespread than the physical area they inhabit, as landslides can affect utility services, transportation systems, and critical lifelines. • Flooding Floods are influenced by a number of factors,including the amount and intensity of precipitation, geography and geology, and development activity. The City of Tigard cannot control precipitation or the community's soil type but can control development activity which contributes to, and is affected by, flooding. The City coordinates with several agencies to mitigate the risk of flooding. The FEMA designated floodplain is used to administer the national flood insurance program (NFIP). The floodplain serves as the FEMA flood hazard regulatory area. Within this area, development activities are regulated to minimize impacts on floodwater flows and storage areas to reduce impacts from flood events. Oregon state law regulates development within the 100-year floodplain and Tigard complies through adoption of Metro's Urban Growth Management Functional Plan,Title 3. The Sensitive Lands chapter of the Tigard Community Development Code implements Title 3 through the Clean Water Services' Design and Construction Standards. Floods can have a devastating impact on almost every aspect of the community,including private property damage,public infrastructure damage, and economic loss from business interruption. The City has been proactive in mitigating flood hazards by purchasing floodplain property. These areas, if left undisturbed, can act to store excess floodwater. The Oregon Division of State Lands (DSL), jointly with the U.S.Army Corps of Engineers,requires a permit for development within the waters of the United States. Any disturbance to a water body and its associated floodplain is covered through this process. Other Hazards Tigard is also at risk of non-natural or man-made hazards. Although statewide planning goal 7 addresses natural hazards, other hazards are included in this chapter as the community is concerned about protection from non-natural hazards as well as natural hazards. Other hazards addressed by this section may include mass casualty transportation accidents,hazardous material releases, severe storms, terrorism, epidemics, and infestation. Tigard coordinates planning for non-natural hazardous occurrences with other jurisdictions and agencies from around the state. CITY OF TIGARD COMPREHENSIVE PLAN UPDATE-HAZARDS CPA 2007-00002 2 • -DRAFT- Key Findings • The Cascadia Subduction Zone could potentially cause an 8+ magnitude earthquake, affecting Tigard. • Tigard is subject to more frequent shallow earthquakes (crustal fault earthquakes). These events typically do not exceed magnitude 4,but could go up to magnitude 7. • Fifty-eight percent of the City is subject to the greatest earthquake hazard level,with an additional 21% falling into the next hazard level. These areas include developed residential and commercial areas, as well as the Washington Square Regional Center. • Wood-frame homes tend to withstand earthquakes better than unreinforced brick buildings. • The City of Tigard requires all new commercial,industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements for Seismic Zone 3,while single- family construction must conform to the Oregon One and Two Family Dwelling Specialty Code for Seismic Category Dl. • The increasing number of homes being built in the urban interface zone is increasing the threat of wildfire in Tigard. More than 30% of all land in Tigard is vulnerable to wildfire. • Tigard is within the Oregon Department of Environmental Quality's permanent burn ban area, so backyard burning is not allowed anywhere within Tigard. • The most common type of landslide in Washington County is caused by erosion. • Landslides within Tigard have historically not caused major property damage. However in other parts of the Portland metropolitan region they have caused considerable damage. • It is estimated about 3% of the City's land, or 286 acres,is vulnerable to landslides. In addition, about 4.3 miles of critical streets could be subject to landslide damage. • Human activities such as deforestation, stream alteration, and urban development within the Tualatin basin have significantly altered the hydrology of the watershed. This has resulted in increased water runoff and greater potential for flooding. • Floods are Oregon's most frequently occurring natural disaster. • The 100-year floodplain includes six streams and 7.9% of all land area in Tigard. The last major flood event in 1996 inundated 2.2% of the land area in Tigard. • As of June 2006,Tigard owns 34% of the 100-year floodplain. • Tigard residents are concerned about the,effects of all other hazards on the community. Goal 7.1 Protect people and property from flood,landslide, earthquake,wildfire, and severe weather hazards. Policies 1. The City shall not allow development in areas having the following development limitations except where it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development: A. Areas having a severe soil erosion potential; B. Areas subject to slumping, earth slides, or movement; C. Areas having slopes in excess of 25%; or D. Areas having severe weak foundation soils. 2. The City shall promote the use of non-structural approaches to hazard mitigation. CITY OF TIGARD COMPREHENSIVE PLAN UPDATE-HAZARDS CPA 2007-00002 3 • -DRAFT- • 3. The City shall coordinate land use and public facility planning with public safety providers (law enforcement, fire safety, and emergency service providers) to ensure their capability to respond to hazard events. 4. The City shall design and construct public facilities to withstand hazardous events with a priority on hazard protection of public services and facilities that are needed to provide emergency response services. 5. The City shall apply and enforce building code standards to protect the built environment from natural disasters and other hazards. 6. The City shall enforce standards requiring the creation and maintenance of defensible space around habitable structures located in wildfire hazard areas. 7. The City shall comply with the Federal Emergency Management Agency (FEMA) flood regulations,which include standards for base flood levels, flood proofing, and minimum finished floor elevations. 8. The City shall prohibit any land form alterations or developments in the 100-year floodplain which would result in any rise in elevation of the 100-year floodplain. 9. The City shall not allow land form alterations or development within the 100-year floodplain outside the zero-foot rise floodway unless: A. The streamflow capacity of the zero-foot rise floodway is maintained, and B. Engineered drawings and/or documentation shows there will be no detrimental upstream or downstream effects in the floodplain area. 10. The City shall work with Clean Water Services to protect natural drainageways and wetlands as valuable water retention areas and,where possible, find ways to restore and enhance these areas. 11. The City shall comply with Metro Title 3 Functional Plan requirements for balanced fill and removal in the floodplain. 12. The City shall minimize impervious surfaces to reduce storm water runoff. 13. The City shall retain and restore existing vegetation with non-invasive species in areas with landslide potential to the greatest extent possible. 14. The City shall work to reduce the risk of loss of life and damage to property from severe weather events. Recommended Action Measures i. Place land acquisition priorities on high hazard areas to be used for recreation or open space purposes. ii. Update and maintain accurate information regarding natural hazard risks and past events. iii. Publicize and maintain maps of high hazard areas. iv. Address planning for the protection of public facilities and services from hazards in the CITY OF TIGARD COMPREHENSIVE PLAN UPDATE-HAZARDS CPA 2007-00002 4 41111 • -DRAFT- Tigard Public Facilities Plan and Community Investment Plan. v. Retrofit existing public facilities and services to contemporary standards to better withstand natural disasters and hazardous occurrences. vi. Recognize some existing buildings have not been built to contemporary building code standards and seek ways to encourage their retrofit to modern codes. vii. Design and Implement a natural hazards home inspection program. viii.Update and maintain a list of essential and critical facilities to be used in hazards planning. ix. Work with Tualatin Valley Fire and Rescue Community Safety Program to provide information and education about urban interface wildfire to Tigard citizens. x. Adopt the Tualatin Valley Fire and Rescue Wildfire Hazard Map and implement section R324 of the Oregon Residential Specialty Code. xi. Provide information and access to resources for property owners who wish to assess the ability of their buildings to withstand natural hazards. xii. Continue to maintain eligibility for the National Flood Insurance Program. xiii.Research and implement standards to ensure only appropriate land uses are allowed in high hazard areas. Goal 7.2 Protect people and property from non-natural hazardous occurrences. Policies 1. The City shall design, construct, and coordinate the surface transportation system to reduce the potential for mass casualty accidents and to provide the ability to evacuate when necessary. 2. The City shall encourage communication and coordination among a wide variety of agencies to respond to technological and man-made disasters. Recommended Action Measures i. Keep a current inventory of locations where hazardous materials might pose a danger to the public,including storage and transportation areas. ii. Update and maintain the Tigard Emergency Operations Plan to ensure essential governance and public safety services are available during a disaster. iii. Continue to work with the Washington County Office of Emergency Management to: A. Coordinate emergency preparedness education for Tigard residents, B. Provide ongoing responder training and exercises, C. Coordinate regionwide hazards response, and D. Provide hazards information and resources countywide. CITY OF TIGARD COMPREHENSIVE PLAN UPDATE-HAZARDS CPA 2007-00002 5 -DRAFT- iv. Continue to implement the Community Emergency Response Team (CERT) Program for community members and City staff. v. Encourage projects that enhance medical treatment capabilities and capacity. CITY OF TIGARD COMPREHENSIVE PLAN UPDATE-HAZARDS CPA 2007-00002 6 • • • 3. NATURAL FEATURES AND OPEN SPACE This chapter addresses a broad range of topics all having to do with the natural resources located within the Tigard Urban Planning Area. This chapter reflects the concerns expressed in several of the Statewide Planning Goals including: Goal #3 - Agricultural Lands; Goal #4 - Forest Land; Goal #5 - Open Spaces; Scenic and Historic Areas and Natural Resources; beat - Areas cubjest 4e Natural Disasters awl 1•iazardc; and Goal#8-Recreational Needs. The natural environments within the planning area offer many opportunities for a unique and healthy urban development. Those environments, when viewed as a series of systems rather than isolated features, will provide Tigard with those elements necessary for a healthy place in which to live, work and play. Floodplain greenways, for example, can provide the community with an excellent system of open space links between neighborhoods and services, in addition to providing a relatively inexpensive system for storm water runoff. It is to the community's benefit that consideration be given to both the opportunities and the limitations of the various environments within the planning area. The natural environments included within the planning area all have their own respective limitations with regard to urbanization. Development pressure upon lands with such limitations can have profound effects on the environment. Erosion of steep slopes caused by inappropriate development,for instance,does not occur as an isolated incident. Soil type, permeability, vegetation and drainage all play major roles in and are effected by development. Likewise,the effects of inappropriate development located within the floodplain areas could have adverse effects on properties both up and down stream from the development site. The social, cultural and economic values of such resource lands could be reduced by the effects of urban development nearby. The limitations of the various environments should be considered in reviewing new development within the planning area. The recognition of the natural environment in the planning area and the development of findings and policies which address the characteristics of the environment are extremely important elements in the Comprehensive Plan. The purpose of this chapter is to define the parameters of the various natural environments in the planning area and to identify the limitations and opportunities inherent in those environments. Additional information on this topic is available in the "Comprehensive Plan Report: Natural Features and Open Spaces." 3.1 - - - • e• -, • - - -e- • • • WETLANDS aed dewsity of development which saw be aseerameclated ew that properly 4carrying capacity). Combinatiens 61464 as steep slues and unstable sells create 6evere development sesstraiwts- Excessive develops:oat iw s&sh physically limited areas greatly increases the petential severity of natural habitation of wildlife- Nesetheless; it is tee eftew relsevsd asd replaced bar buildings er•• - •= =•= - - = - -- - -•- --- - - • - •- - -• - - = ::•. - - - •- - -- - - - - • --, - , - - - -• leer-eased runoff and sedimentation tremor poorly developed hillsides saw require increased public Vol. II, Policy 3-1 • • • POLICY 3.1.1 THE CITY SHALL NOT ALLOW DEVELOPMENT IN AREAS HAVING THE FOLLOWING DEVELOPMENT LIMITATIONS EXCEPT WHERE IT CAN BE SHOWN THAT ESTABLISHED AND PROVEN ENGINEERING TECHNIQUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED DEVELOPMENT. (NOTE: THIS POLICY DOES NOT APPLY TO LANDS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP.): a. AREAS MEETING THE DEFINITION OF WETLANDS UNDER CHAPTER 18.26 OF THE COMMUNITY DEVELOPMENT CODE; to. . . _ _ -._ e- AREAS SUBJECT TO SLUMPING, EARTH SLIDES OR MOVEMENT; e- _ - -. (Rev. Ord. 85-13; Ord. 84-36) IMPLEMENTATION N STRATECICC• _ _ _ __ •• - _ _ ___ _ , ._.._ _ :::•• , _•. . _ _ _ __ _ _•_ _ • _ _ -_ _ _. _ _ __ ___ _ _ _ __ _ __ ■_ _ _ _ ____ _ __ • CRC epeeifie aefl surveys and geelegic etedias whefe peteatiai hazards ace identified eased epee 1• special desk sen►sidefatiens and men feeasefec be taken to offset' the soli ace goolegie =-- - - --- - - - - - = - •- • (Rem-OrEL"86 13) 3.2 FLOODPLAINS Findings 4- - _ ' - - Vol. II, Policy 3-2 • • _ • = deed-levels mss- • - - _ _ - ' - - = -- -- fate- -- - - 3 - levels- --- '''- -- - -- -- - -• - - - - - - -' ' - ' - 3'-- - - - -_ The 6ity e# d currently has efdinances; pelicies and staedafds within the d 6e ity • - .. 3_ . - - -- -- - - -- -- --- - - - -- - --- -- •- -- -- - ---- -- afe-takee- POLICIES ..._ _ .. '^^ .R FLOODPLAIN t4 WHICH 1.6.4).1.1L-43 RESULT IN ANY RISE IN ELEVATION OF THE 100 YEAR FLOODPLAIN. 3,24 THE CITY SHALL: - a- ..t_ - • . • ..,, • . .. . . . ... ... . •- EXCEPT ALTERATIONS MAY BE ALLOWED WHICH PRESERVE OR ENHANCE THE FUNCTION AND MAINTENANCE OF THE ZERO FOOT RISE FLOODWAY*;AND ALLOW LAND FORM OR DEVELOPMENT I-N TRH * OUTSIDE ZERO FOOT ROSE- F LOODWAY* WHICH PRESERVE OR ENHANCE E THE FUNCTION OF THE ZERO FOOT RISE FLOODWAY*PROVIDED: Vol. II, Policy 3-3 • 411 4- THE LAND FORM ALTERATION AND/OR DEVELOPMENT IS IN AN AREA DESICNATED OOMMERGIAL AR SAL ON ME COMPREHENSIVE SATISFIED; OR 3• THE LAND FORM ALTERATION AND/OR DEVELOPMENT IS ASSOCIATED COMMUNITY RECREATION U.SEST UTILITIES, OR THE SUIRPOR-T FACILITIES AS DEFINED 44 CHAPTER 4. .44 OF T E COMMUNITY DEVELOPMENT CODE AND THE FACTORS SET FORTH IN POLICY 3.2.3 CAN BE SATISFIED. 3,24 WHERE LAND FORM ALTERATIONS AND DEVELOPMENT ARE ALLOWED WITHIN THE .. • amok* . * . . _ -a .. - ..■ . • * _ R E�1i-e'�QU I RE: a, THE STREAMF OW CAPACITY OF ME ZERO FOOT RISE Y* BE MAINTAINED; BE NO DETRIMENTAL UPSTREAM AR DOWNSTREAM EFFECTS 4N THE FLOODPLAIN* AREA, AND THAT THE CRITERIA SET FORTH IN THE SENSITIVE . . . .• e _ e■ _ . .. . LAND LNG RESIDENTIAL LAND WHICH ADEQUATELY SCREENS T45 DEVELOPMENT FROM VIEW BY THE ADJOINING RESIDENTIAL LAND, AND WHICH IS OF SUFFICIENT WIDTH TO BE NOISE ATTENUATING;AND T-1-1.E. OGNSIDERATION AF SAN OF OPEN 64,444 AREA FAR CREST FOR T45 OGNSTRUCTION AF A PEDESTRIAN/BICYCLE RAM* N THE FLOODPLAIN* IN WITH ME ADOPTED PEDESTRIAN BICYCLE PATHWAY PLAN. 3.2.4 THE CITY SHALL PROHIBIT DEVELOPMENT WITHIN AREAS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP. NO DEVELOPMENT SHALL OCCUR ON PROPERTY ADJACENT TO AREAS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP WITHIN TWENTY FIVE (25) FEET OF THE DESIGNATED WETLANDS AREA. DEVELOPMENT ON PROPERTY ADJACENT TO SIGNIFICANT WETLANDS SHALL BE ALLOWED UNDER THE PLANNED DEVELOPMENT SECTION OF THE CODE. 2,2,6 THE CITY SHALL REQUIRE THE GONSIDERATION OF. DEDICATION OF. ALL UNDEVELOPED LAND THE 100 YEAR FLOODPLAIN PLUS SUPPIOIENT OPEN THE PLAN. (Rev. Ord.05-01; Ord. 98-19; Ord.90-22;Ord. 85-13; Ord.84-36) 3.3 NATURAL RESOURCES Findings • Currently, there are extensive rock and gravel extraction areas located to the north and west of Tigard's planning area within Beaverton and Washington County. (Rev. Ord. 01-07) • There is one active mineral or aggregate resource within the Tigard Planning Area, known as the Durham Pits,which is operated by Washington County. Vol. II, Policy 3-4 WCCCA DAVE AUSTIN PO BOX 6375 BEAVERTON OR 97007-0375 CITY OF BEAVERTON METRO LAND USE&PLANNING S"1'EVEN SPARKS,DEV.SVCS.MGR. ATTN:MEL HUIE,GREENSPACES PO BOX 4755 600 NE GRAND AVENUE BEAVERTON OR 97076 PORTLAND OR 97232-2736 HOLLY SHUMWAY,CPO 4B CHAIR OREGON DEPT OF ENVIRON QUALITY 14535 SW WOODHUE STREET 811 SW SIXTH AVENUE TIGARD OR 97224 PORTLAND OR 97204 BEAVERTON SCHOOL DISTRICT#48 CITY OF KING CITY JAN YOUNGQUIST CITY MANAGER ' DEMOGRAPHICS&PLANNING DEPT. 15300 SW 116TH AVENUE 16550 SW MERLO ROAD KING CITY OR 97224 BEAVERTON OR 97006-5152 TIGARD-TUALATIN SCHOOL DIST 23J ODOT-REGION 1 TERI BRADY DEVELOPMENT REVIEW COORD. 6960 SW SANDBURG STREET 123 NW FLANDERS TIGARD OR 97223-8039 PORTLAND OR 97209-4037 CITY OF BEAVERTON OREGON DEPT.OF STATE LANDS PLANNING MANAGER WETLANDS PROGRAM PO BOX 4755 MELINDA WOOD BEAVERTON OR 97076 775 SUMMER ST NE,SUITE 100 SALEM OR 97301-1279 US ARMY CORPS OF ENGINEERS ODOT-REGION 1,DIST 2A KATHRYN HARRIS SAM HUNAIDI,ASST.DISTRICT MGR. ROUTING CENWP-OP-G 6000 SW RAAB ROAD PO BOX 2946 PORTLAND OR 97221 PORTLAND OR 97208-2946. TRI-MET TRANSIT DEVELOPMENT WASHINGTON COUNTY,OREGON BEN BALDWIN,PROJECT PLANNER LAND USE&TRANSPORTATION 710 NE HOLLADAY STREET STEVE CONWAY PORTLAND OR 97232 155 N FIRST AVE,STE 350,MS 13 HILLSBORO OR 97124 WASHINGTON COUNTY,OREGON CITY OF LAKE OSWEGO LAND USE&TRANSPORTATION PLANNING DIRECTOR SENIOR CARTOGRAPHER PO BOX 369 155 N FIRST AVE,STE 350,MS 14 LAKE OSWEGO OR 97034 HILLSBORO OR 97124 CITY OF DURHAM CITY OF PORTLAND CITY MANAGER PLANNING BUREAU DIRECTOR 17160 SW UPPER BOONES FERRY RD 1900 SW 4TH AVENUE,SUITE 4100 DURHAM OR 97224 PORTLAND OR 97201 CITY OF TUALATIN CLEANWATOSERVICES PLANNING MANAGER MARVIN SPIERING/SWM PROGRAM 18880 SW MARTINAZZI AVENUE 155 N.FIRST AVENUE TUALATIN OR 97062 HILLSBORO OR 97124 METRO LAND USE&PLANNING OREGON DEPARTMENT OF LAND CONSERVATION Growth Management Services &DEVELOPMENT Attn:C.D.Manager Attn:Mara Ulloa,Plan Amendment Specialist 600 NE Grand Avenue 635 Capitol Street NE,Suite 150 Portland,OR 97232-2736 Salem,OR 97301-2540 FEMA REGION X TUALATIN VALLEY FIRE&RESCUE Denise Atkinson Attn:John K.Dalby,Deputy Fire Marshall Federal Regional Center North Division 130 228th Street,SW 14480 SW Jenkins Road Bothell,WA 98021-9796 Beaverton,OR 97005-1152 OREGON DEPARTMENT OF GEOLOGY AND WASHINGTON COUNTY DEPARTMENT OF LAND USE ANT MINERAL INDUSTRIES TRANSPORTATION Brent Curtis • 800 NE Oregon Street,Suite 5 • 155 N.First Avenue Portland,OR 97232 • Suite 350,MS 13 Hillsboro,Oregon 97124 • • • IN AFFIDAVIT OF MAILING T I GARD I,Doreen Laughlin,being first duly sworn/affirm,on oath depose and say that I am a Planning Administrative Assistant for the City of Tigard,Washington County, Oregon and that I served the following: ((beck te Bo.()mow) NOTICE OF PUBLIC HEARING FOR: CPA2007-00002 COMPREHENSIVE PLAN AMENDMENT (File No/Name Reference) E AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ® Tigard Planning Commission (9/17/2007) ❑ Tigard City Council A copy of the said notice being hereto attached, marked Exhibit "A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof,on August 21,2007,and deposited in the United States Mail on August 21,2007,postage prepaid. (Person that Prepared No ce) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the oq - day of ,2007. 1�JJ "�� OFFICIAL SEAL n= DIANE M JELDERKS r COMMISSION NO.37302 PUBUC-OREGON f )74 � r OTARY PUBLIC t •REGON � MY COMMISSION EXPIRES SEPT.25,2007 � My Commission Ex. des: $2-.5707 EXHIBIT_.. NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER p TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, SEPTEMBER 17. 2007, AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL TO BE ANNOUNCED. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE NOS.: COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00002 FILE TITLE: TIGARD COMPREHENSIVE PLAN UPDATE OF STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS. APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: To amend the current Comprehensive Plan Topic 3: Natural Features and Open Space by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Code Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_amendments. LOCATION: Citywide ZONE: All City zoning districts APPLICABLE REVIEW Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, CRITERIA: 3,4,and 7;Metro Functional Plan Title 3 and 13;and Statewide Planning Goals 1,2, 7, 9, and 11. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRE 1'ERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (1'UD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRI FTEN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILT. RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MARISSA DANIELS AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO marissa(ct,tigard-or.gov. �) •) Barry Albertson Josh Thomas EXHIBIT t 15445 SW 150th Avenue 10395 SW Bonanza Tigard, OR 97224 Tigard, OR 97224 Brooks Gaston Tim Esau 3206 Princess PO Box 230695 Edinburg, TX 78539 Tigard, OR 97281 Don & Dorothy Erdt Ross Sundberg 13760 SW 121st Avenue 16382 SW 104th Avenue Tigard, OR 97223 Tigard, OR 97224 Ellen Beilstein Sue Rorman 14630 SW 139th Avenue 11250 SW 82nd Avenue Tigard, OR 97224 Tigard, OR 97223 Martha Bishop Naomi Gallucci 10590 SW Cook Lane 11285 SW 78th Avenue Tigard, OR 97223 Tigard, OR 97223 Vanessa Foster Brian Wegener 13085 SW Howard Drive 9830 SW Kimberly Drive Tigard, OR 97223 Tigard, OR 97224 Susan Beilke Patricia Keerins 11755 SW 114th Place 12195 SW 121st Avenue Tigard, OR 97223 Tigard, OR 97223 John Frewing Alexander Craghead 7110 SW Lola Lane 12205 SW Hall Boulevard Tigard, OR 97223 Tigard, OR 97223-6210 Paul Owen CPO 4B 10335 SW Highland Drive 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Tigard, OR 97224 Rex Caffall Craig Smelter 13205 SW Village Glenn PO Box 1467 Tigard, OR 97223 Tualatin, OR 97062 •1 •} Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Joseph Dyar 10285 SW Highland Drive Tigard, OR 97224-4668 Susan :e. e 11755 ''k 114th Place Tiga •, O' 97223 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Brad Spring . 7555 SW Spruce Street Tigard, OR 97223 David Walsh 10236 SW Stuart Court Tigard, OR 97223 CITY OF TIGARD - CITYWIDE INTERESTED PARTIES (i:\curpin\setup\labels\CIT CityWide.doc) UPDATED: 4-May-07 l • • AFFIDAVIT OF MAILING TIGARD I, Doreen It Laughlin, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tiga d Washington County, Oregon and that I served the following: (Check Appropnate Box(s)Below) © NOTICE OF PUBLIC NEARING FOR: CPA2007-00002-Comprehensive Plan Amendment ❑ AMENDED NOTICE (File No./Name Reference) HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission (December 4, 2007) ® Tigard City Council A copy of the said notice being hereto attached, marked Exhibit"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit'B", and by reference made a part hereof, on November 16,2007 and deposited in the United States Mail on November 16,2001, postage prepaid. 2, , • (Person that Prepaotic= STATE OAF OREGON ) County of Washington )ss. City of`Tigard ) Subscribed and sworn/affirmed before me on the 1(o day of )J0U15 , 2007. OFFICIAL SEAL , news SHIRLEY L TREAT 2 O NOTARY PUBLIC-OREGON 7 ( ���V' COMMISSION NO.416777 MY COMMISSION EXPIRES APRIL 25,2011 NUT' ' PUBLIC I OBEBON My Commission Expires: Ufa-S 1(( • • EXHIBIT__ NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, DECEMBER 4, 2007, AT 6:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CEN I'ER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE NOS.: COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00002 FILE TITLE: TIGARD COMPREHENSIVE PLAN AMENDMENT TO UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS. APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: To amend the current Comprehensive Plan Topic 3: Natural Features and Open Space by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Code Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_amendments. LOCATION: Citywide ZONE: All City zoning districts APPLICABLE REVIEW Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, CRITERIA: 3,4,and 7;Metro Functional Plan Tide 3 and 13;and Statewide Planning Goals 1, 2, 7, 9,and 11. • • THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL IN 1'ERPRE'1'ERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (1'UD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRITTEN 'TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL 'I'FSTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RA'Z'E CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MARISSA DANIELS AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO marissa(a,tigard-or.gov. C — I A-1-rf es-7 Yzr fie5 I. Barry Albertson Josh Thomas EXHIBIT J 15445 SW 150th Avenue 10395 SW Bonanza o s1.`-( Tigard, OR 97224 Tigard, OR 97224 Brooks Gaston Tim Esau 3206 Princess PO Box 230695 Edinburg, TX 78539 Tigard, OR 97281 Don & Dorothy Erdt Ross Sundberg 13760 SW 121st Avenue 16382 SW 104th Avenue Tigard, OR 97223 Tigard, OR 97224 Ellen Beilstein Sue Rorman 14630 SW 139th Avenue 11250 SW 82nd Avenue Tigard, OR 97224 Tigard, OR 97223 Martha Bishop Naomi Gallucci 10590 SW Cook Lane 11285 SW 78th Avenue Tigard, OR 97223 Tigard, OR 97223 Vanessa Foster Brian Wegener 13085 SW Howard Drive 9830 SW Kimberly Drive Tigard, OR 97223 Tigard, OR 97224 Susan Beilke Patricia Keerins 11755 SW 114th Place 12195 SW 121st Avenue Tigard, OR 97223 Tigard, OR 97223 John Fr ing Alexander Craghead 7110 Lola Lane 12205 SW Hall Boulevard Ti d, OR 97223 Tigard, OR 97223-6210 • Paul Owen CPO 4B 10335 SW Highland Drive 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Tigard, OR 97224 Rex Caffall Craig Smelter 13205 SW Village Glenn PO Box 1467 Tigard, OR 97223 Tualatin, OR 97062 • • Harold and Ruth Howland EXHIBIT 13145 SW Benish Lt Tigard, OR 97223 • Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Joseph Dyar 10285 SW Highland Drive Tigard, OR 97224-4668 T+gard,-OR 97223 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 David Walsh 10236 SW Stuart Court Tigard, OR 97223 CITY OF TIGARD - CITYWIDE INTERESTED PARTIES (i:\curpin\setup\labels\CIT CityWide.doc) UPDATED: 4-May-07 • • WCCCA DAVE AUSTIN EXHIBIT PO BOX 6375 BEAVERTON OR 97007-0375 3 CITY OF BEAVERTON METRO LAND USE&PLANNING STEVEN SPARKS,DEV. SVCS.MGR. ATTN: MEL HUIE,GREENSPACES PO BOX 4755 600 NE GRAND AVENUE BEAVERTON OR 97076 PORTLAND OR 97232-2736 HOLLY SHUMWAY,CPO 4B CHAIR OREGON DEPT OF ENVIRON QUALITY 14535 SW WOODHUE STREET 811 SW SIXTH AVENUE TIGARD OR 97224 PORTLAND OR 97204 BEAVERTON SCHOOL DISTRICT#48 CITY OF KING CITY JAN YOUNGQUIST CITY MANAGER DEMOGRAPHICS&PLANNING DEPT. 15300 SW 116TH AVENUE 16550 SW MERLO ROAD KING CITY OR 97224 BEAVERTON OR 97006-5152 TIGARD-TUALATIN SCHOOL DIST 23J ODOT-REGION 1 TERI BRADY DEVELOPMENT REVIEW COORD. 6960 SW SANDBURG STREET 123 NW FLANDERS TIGARD OR 97223-8039 PORTLAND OR 97209-4037 CITY OF BEAVERTON OREGON DEPT. OF STATE LANDS PLANNING MANAGER WETLANDS PROGRAM PO BOX 4755 MELINDA WOOD BEAVERTON OR 97076 775 SUMMER ST NE,SUI 1'E 100 SALEM OR 97301-1279 US ARMY CORPS OF ENGINEERS ODOT-REGION 1,DIST 2A KATHRYN HARRIS SAM HUNAIDI,ASST.DISTRICT MGR. ROUTING CENWP-OP-G 6000 SW RAAB ROAD PO BOX 2946 PORTLAND OR 97221 PORTLAND OR 97208-2946 TRI-MET TRANSIT DEVELOPMENT WASHINGTON COUNTY,OREGON BEN BALDWIN,PROJECT PLANNER LAND USE&TRANSPORTATION 710 NE HOLLADAY STREET STEVE CONWAY PORTLAND OR 97232 155 N FIRST AVE,STE 350,MS 13 HILLSBORO OR 97124 WASHINGTON COUNTY,OREGON CITY OF LAKE OSWEGO LAND USE&TRANSPORTATION PLANNING DIRECTOR SENIOR CARTOGRAPHER PO BOX 369 155 N FIRST AVE,STE 350,MS 14 LAKE OSWEGO OR 97034 HILLSBORO OR 97124 CITY OF DURHAM CITY OF PORTLAND CITY MANAGER PLANNING BUREAU DIRECTOR 17160 SW UPPER BOONES FERRY RD 1900 SW 4TH AVENUE,SUITE 4100 DURHAM OR 97224 PORTLAND OR 97201 • EXHIBIT CITY OF TUALATIN CLEANWATEh SERVICES PLANNING MANAGER MARVIN SPIERING/SWM PROGRAM' 18880 SW MARTINAZZI AVENUE 155 N.FIRST AVENUE TUALATIN OR 97062 HILLSBORO OR 97124 METRO LAND USE& PLANNING OREGON DEPARTMENT OF LAND CONSERVATION Growth Management Services &DEVELOPMENT Attn: C.D. Manager Attn:Mara Ulloa,Plan Amendment Specialist 600 NE Grand Avenue 635 Capitol Street NE,Suite 150 Portland,OR 97232-2736 Salem,OR 97301-2540 FEMA REGION X TUALATIN VALLEY FIRE&RESCUE Denise Atkinson Attn:John K.Dalby,Deputy Fire Marshall Federal Regional Center North Division 130 228th Street,SW 14480 SW Jenkins Road Bothell,WA 98021-9796 Beaverton,OR 97005-1152 OREGON DEPARTMENT OF GEOLOGY AND WASHINGTON COUNTY DEPARTMENT OF LAND USE AND MINERAL INDUSTRIES TRANSPORTATION Brent Curtis 800 NE Oregon Street,Suite 5 155 N.First Avenue Portland,OR 97232 Suite 350,MS 13 Hillsboro,Oregon 97124 • • AFFIDAVIT OF MAILING TIGARD I, Marissa Daniels, being first duly sworn/affirm, on oath depose and say that I am an Assistant Planner for the City of Tigard,Washington County,Oregon and that I served the following: {Cheek Appropriate Box(s)Below} © NOTICE OF FINAL ORDER FOR: CPA2007-00002 HAZARDS COMPREHENSIVE PLAN AMENDMENT (File No./Name Reference) Z AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission Z Tigard City Council (12/04/2007) A copy of the said notice being hereto attached, marked Exhibit "A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof,on December 7,2007,and deposited in the United States Mail on December 7,2007,postage prepaid. • (Perso'..t Prepared.ce) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the I day of U fie- ►v, b , 2007. ?/1 r ti-5) NKORTSY IPUBPI -OO O;; COMMISSION NO.419242 )COMMIOOIN : . ; ARY g PUBLIC OF OREGON My Commission Expires: 7/2,9/Zb 12_0 (1 •• 120 DAYS = N/A Exhibit A ►, DATE MAILED: 12/07/2007 • - CITY OF TIGARD TIGA.RD, Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00002 TIGARD COMPREHENSIVE PLAN AMENDMENT TO Case Name: UPDATE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS Applicant's Name/Address: City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 Owner's Names/Addresses: N/A Address of Property: Citywide Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT (ORDINANCE NO. 07-20). THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON September 17, 2007 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON December 4, 2007 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Subject: > Amend Current Comprehensive Plan Topic 3: Natural Features and Open Space by updating the Goals, Policies, and Recommended Action Measures pertaining to Statewide Planning Goal 7 to reflect current community conditions and values. AT THE 04/24/07 CITY COUNCIL PUBLIC HEARING,THE COUNCIL UNANIMOUSLY APPROVED THIS REQUEST (Ordinance No. 2007-20). ZONES: All Zones APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390; Comprehensive Plan Topics 1, 2, & 3; Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1, 2 & 7. Action: > ® Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: ® Affected Government Agencies ® Interested Parties Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND IS EFFECTIVE ON JANUARY 3, 2008. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 07- a D AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2007-00002 TO UPDATE, THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS WHEREAS, the Tigard City Council directed staff to complete a full update of the Tigard Comprehensive Plan, including a process for garnering citizen input; and WHEREAS, the Tigard visioning reports, community surveys, and policy interest team meetings were utilized to develop draft language for the update of the Tigard Comprehensive Plan; and . WHEREAS, the City has proposed an amendment to the Tigard Comprehensive Plan Chapter 3 by updating Goals, Policies, and Recommended Action Measures corresponding to Statewide Planning Goal 7; and WHEREAS, the Tigard Planning Commission held a public meeting, which was noticed in accordance with City standards, on September 17, 2007, and recommended approval of the proposed CPA 2007- 00002 by motion and with majority vote; and WHEREAS, on December 4, 2007, the Tigard City Council held a public hearing, which was noticed in accordance with City standards, to consider the Commission's recommendation on CPA 2007-00002, and at this meeting the Tigard City Council adopted CPA 2007-00002 by motion, as • amended pursuant to the public hearing and its deliberations; and WHEREAS, Council's decision to adopt CPA 2007-00002 is based on the findings and conclusions found in the City of Tigard staff report dated September 7, 2007 and the associated record which are incorporated herein by reference and are contained in land-use file CPA 2007-00002. NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Comprehensive Plan is amended to include new text and to rescind existing text as shown in EXHIBIT A; and SECTION 2: Revisions to EXHIBIT A, as made at the public hearing and as memorialized in • EXHIBIT B, are incorporated by reference; and SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. ORDINANCE No. 07-a.0 Page 1 • • PASSED: By Ti1/I''7?1h9674/J vote of all Council members present after being read by number and tide only, this 'V day of <l4-1424�, 2007. Carol A. Krager,Deputy City Recorder APPROVED: By Tigard City Council this IfiG"- day of 42M.:(1/L-__ , 2007. C Iirksen, Mayor A roved as to form: City Attorney -} Certified to be a True Copy of Original on File By: Deputy Recorder - City of Tigard Date: ORDINANCE No. 07-a.0 Page 2 • Exhibit A r:M> Hazards `Protecting people and property from natural and man-made hazards. Cr? • • • HAZARDS 410 atural features provide a community with valuable resources but,under certain conditions,these resources may also present a hazard.For example,rivers and creeks are important for storm water conveyance, wildlife habitat, and water quality. However, these resources can quickly threaten property and people unless careful planning has documented flooding risk and adequate precautions are taken.The City's commitment to protect people and property from hazards is based on Oregon Statewide Planning Goal 7. Goal 7 lists six hazard categories to be addressed by comprehensive plans. Four of these apply to the City of Tigard: wildfire,landslides, flooding,and earthquakes. In addition, the City is also vulnerable to harm from severe weather and man- - made hazards. GOAL 7: "To protect people and property from natural hazards." Tigard's citizens value a safe community where natural resources are protected and there is minimal danger from both natural and man-made hazards.Tigard residents value the importance of natural systems in protecting the community from hazards, and additionally recognize that although landslides,earthquakes,wildfires and floods occur naturally, the effects of these events "Hazards are often made worse by human activities. Can have a Hazards can have a significant negative impact • on a community's quality of life. It is important significant for the Comprehensive Plan to provide policy negative direction on how the City will manage hazardous conditions and events. Land use planning, devel- impact on a opment regulation and emergency management play key roles in assessing and reducing the risk to community's people and property from hazards. It is important quality of for local governments to have an understanding of underlying natural conditions and past event life." • history to develop hazard mitigation and preven- tion programs. .. EARTHQUAKES Because hazards, such as earthquake faults and floodplains, extend across • Comprehensive Plan City of Tigard 7-1 • • HAZARDS jurisdictional boundaries,it is essential to coordinate planning and emergency response services regionwide and with the state and federal governments. For example, due to the scale and complexity of earthquakes,Tigard coordinates with the Oregon Department of Geology and Mineral Industries (DOGAMI). In addition to DOGAMI,Tigard coordinates with Metro,Washington County, and other jurisdictions to mitigate the risk associated with an earthquake.To minimize loss of life and property from earthquakes, the City requires all new commercial,industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements,while single-family construction must conform to the Oregon One and Two Dwelling Specialty Code for seismic • category Dl. WILDFIRE In Tigard,wildfire is characterized by the Urban Interface Zone, or the urban- rural fringe where homes and other structures are built onto a densely forested or natural landscape. The Oregon Department "In Tigard of Forestry implements the Oregon Forestland- ' Urban Interface Fire Program,which is expected wildfire is to be fully implemented by 2011,in order to protect interface communities in Oregon from characterized wildfire. The City of Tigard works with Tualatin Valley Fire and Rescue (TVF&R) to mitigate the by the Urban effects of wildfire. TVF&R is responsible for Interface all fire prevention and education, and has the opportunity to comment on all development Zone." • applications.TVF&R also maps the urban inter- face zone in Tigard. The Oregon Department • - of Environmental Quality(DEQ) controls both backyard and agricultural burning in Oregon;however,Tigard is within the DEQ permanent burn-ban area in an effort to reduce the risk of wildfire as a result of backyard burning. LANDSLIDES People and property are best protected from landslide when building struc- tures and roads are not built within areas prone to mass movement.Although landslides are a natural geologic process, the incidence of landslides and their impacts on people can be exacerbated by human activities. Such human activities include grading for road construction and development, excavation, 7-2 City of Tigard I Comprehensive Plan • • HAZARDS (1411110 drainage and groundwater alterations,and changes in vegetation. The City uses steep slopes to define sensitive lands in the Community Development Code and has special requirements for development in these areas. When LIDAR infor- mation is available the City will evaluate the effectiveness of this approach to identifying landslide hazards and limiting their impact on the community.Also, by retaining vegetation and natural drainageways in these areas, the City can work to identifying landslide hazards and limiting their impact on the commu- nity-.The effects of landslides are often more widespread than the physical area they inhabit, as landslides can affect utility services, transportation systems, and critical lifelines. FLOODING Floods are influenced by a number of factors,including the amount and inten- sity of precipitation,geography and geology,and development activity.The City of Tigard cannot control precipitation or the community's soil type but can control develop- "Floods merit activity which contributes to,and is affected by, flooding.The City coordinates with several can have a agencies to mitigate the risk of flooding. The FEMA designated floodplain is used to administer devastating the national flood insurance program (NFIP). The floodplain serves as the FEMA flood hazard impact on regulatory area.Within this area, development almost every activities are regulated to minimize impacts on floodwater flows and storage areas to reduce aspect of the impacts from flood events. Oregon state law regu- lates development within the 100-year floodplain community.), and Tigard complies through adoption of Metro's Urban Growth Management Functional Plan, Title 3. The Sensitive Lands chapter of the Tigard Community Development Code implements Title 3 through the Clean Water Services'Design and Construction Standards. Floods can have a devastating impact on almost every aspect of the community, including private property damage,public infrastructure damage,and economic loss from business interruption.The City has been proactive in mitigating flood hazards by purchasing floodplain property. These areas,if left undisturbed,can act to store excess floodwater. The Oregon Division of State Lands (DSL), jointly with the U.S. Army Corps of Engineers,requires a permit for develop- Comprehensive Plan I City of Tigard 7-3 • • Clirl? HAZARDS ment within the waters of the United States.Any disturbance to a water body and its associated floodplain is covered through this process. OTHER HAZARDS Tigard is also at risk of non-natural or man-made hazards.Although state- wide planning goal 7 addresses natural hazards, • other hazards are included in this chapter as the "Tigard is community is concerned about protection from also at risk of non-natural hazards as well as natural hazards. Other hazards addressed by this section may non-natural include mass casualty transportation accidents, hazardous material releases, severe storms, or man-made terrorism, epidemics, and infestation. Tigard • hazards." coordinates planning for non-natural hazardous occurrences with other jurisdictions and agencies from around the state. KEY FINDINGS • The Cascadia Subduction Zone could potentially cause a 9+magnitude earthquake, affecting Tigard. • Tigard is subject to more frequent shallow earthquakes (crustal fault earthquakes).These events typically do not exceed magnitude 4, but could go up to magnitude 7. • According to DOGAMI's relative earthquake hazard data, fifty-eight percent of the City is subject to the greatest earthquake hazard level,with an additional 21% falling into the next hazard level. These areas include developed residential and commercial areas, as well as the Washington Square Regional Center. • Wood-frame homes tend to withstand earthquakes better than unreinforced brick buildings. • • The City of Tigard requires all new commercial,industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements, while single-family construction must conform to the Oregon One and Two Family Dwelling Specialty Code for Seismic Category Dl. • The increasing number of homes being built in the urban interface zone is increasing the threat of wildfire in Tigard.More than 30%of all land in Tigard is vulnerable to wildfire. 7-4 • City of Tigard Comprehensive Plan • • • HAZARDS *il0 • Tigard is within the Oregon Department of Environmental Quality's permanent burn ban area, so backyard burning is not allowed anywhere . within Tigard. • • The most common type of landslide in Washington County is caused by erosion. "Floods are • Landslides within Tigard have historically not caused major property damage. However in Tigard's other parts of the Portland metropolitan region they have caused considerable damage. most • It is estimated about 3%of the City's land, or 286 acres,is vulnerable to landslides. fYequently • Human activities such as deforestation, stream occurring alteration, and urban development within the Tualatin basin have significantly altered the natural hydrology of the watershed. This has resulted • in increased water runoff and greater potential disaster." for flooding. • • Floods are Tigard's.most frequently occurring natural disaster. • The 100-year floodplain includes six streams and 7.9%of all land area in Tigard. • As of June 2006,Tigard owns 34% of the 100-year floodplain. • Tigard residents are concerned about the effects of all other hazards on the community GOAL 7.1 Protect people and property from flood,landslide, earthquake,wildfire, and severe weather hazards. • POLICIES 1. The City shall not allow development in areas having the following development limitations except where the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development: A. areas having a severe soil erosion potential; Comprehensive Plan I City of Tigard 7-5 • • CID HAZARDS • B. areas subject to slumping,earth slides, or movement; C. areas having slopes in excess of 25%;or D. areas having severe weak foundation soils. 2. The City shall favor the use of non-structural approaches to hazard mitigation.• 3. The City shall coordinate land use and public facility planning with public safety providers (law enforcement, fire safety, and emergency service providers) to ensure their capability to respond to hazard events. 4. The City shall design and construct public facilities to withstand hazardous events with a priority on hazard protection of public services and facilities that are needed to provide emergency response services. 5. The City shall apply and enforce the most current building code standards to protect the built environment from natural disasters and other hazards. 6. The City shall enforce standards requiring the creation and maintenance of defensible space around habitable structures located in wildfire • hazard areas. 7. The City shall comply with the Federal Emergency Management Agency (FEMA) flood regulations,which include standards for base flood levels, flood proofing, and minimum finished floor elevations. 8. The City shall prohibit any land form alterations or developments in the 100-year floodplain which would result in any rise in elevation of the 100-year floodplain. 9. The City shall not allow land form alterations or development within the 100-year floodplain outside the zero-foot rise floodway unless: A. The streamflow capacity of the zero-foot rise floodway is main- tained; and B. Engineered drawings and/or documentation shows there will be no detrimental upstream or downstream effects in the floodplain area. 10. The City shall work with Clean Water Services to protect natural drainageways and wetlands as valuable water retention areas and,where • 7-6 City of Tigard I Comprehensive Plan • • HAZARDS lar? possible, find ways to restore and enhance these areas. 11. The City shall comply with Metro Title 3 Functional Plan requirements for balanced fill and removal in the floodplain. 12. The City shall encourage pervious, The City shall and minimize impervious, surfaces to work to reduce reduce storm water runoff. the risk of loss of 13. The City shall retain and restore existing vegetation with non-invasive life and damage species in areas with landslide to property from potential to the greatest extent • severe weather possible. 14. The City shall work to reduce the risk events." of loss of life and damage to property from severe weather events. RECOMMENDED ACTION MEASURES i. Place land acquisition priorities on high hazard areas to be used for recreation or open space purposes. ii. Update and maintain accurate information regarding natural hazard risks and past events. iii. Publicize and maintain maps of high hazard areas. iv. Address planning for the protection of public facilities and services from hazards in the Tigard Public Facilities Plan and Community Investment Plan. v Retrofit existing public facilities and services to contemporary standards to better withstand natural disasters and hazardous occurrences. vi. Recognize some existing buildings have not been built to contemporary building code standards and seek ways to encourage their retrofit to modern codes. vii. Design and Implement a natural hazards home inspection program. Comprehensive Plan I City of Tigard 7-7 HAZARDS viii.Update and maintain a list of essential and critical facilities to be used in hazards planning. ix. Work with Tualatin Valley Fire and Rescue Community Safety Program to provide information and education about urban interface wildfire to Tigard citizens. x. Adopt the Tualatin Valley Fire and Rescue Wildfire Hazard Map and implement the Wildfire Hazard Mitigation section of the Oregon Residential Specialty Code. xi. Provide information and access to resources for property owners who wish to assess the ability of their buildings to withstand natural hazards. xii. Continue to maintain eligibility for the National Flood Insurance Program. xiii.Research and implement standards to ensure only appropriate land uses are allowed in high hazard areas. xiv. Complete the Tigard Natural Hazards Addendum to the Washington County Natural Hazards Mitigation Plan and include risk assessments and mitigation action items. GOAL 7.2 Protect people and property from non-natural hazardous occurrences. POLICIES 1. The City shall design,construct, and coordinate the surface transportation system to reduce the potential for mass casualty accidents and to provide the ability to evacuate when necessary. 2. The City shall encourage communication and coordination among a wide variety of agencies to respond to technological and man-made disasters. 7-8 City of Tigard I Comprehensive Plan • • HAZARDS RECOMMENDED ACTION MEASURES i. Keep a current inventory of locations where hazardous materials might pose a danger to the public,including storage and transportation areas. ii. Update and maintain the Tigard Emergency Operations Plan to ensure essential governance and public safety services are available during a disaster. iii. Continue to work with the Washington County Office of Emergency Management to: A. coordinate emergency preparedness education for Tigard residents; B. provide ongoing responder training and exercises; C. coordinate regionwide hazards response;and D. provide hazards information and resources countywide. iv. Continue to implement the Community Emergency Response Team (CERT) Program for community members and City staff. v. Encourage projects that enhance medical treatment capabilities and capacity. Comprehensive Plan I City of Tigard 7-9 • • 3. NATURAL FEATURES AND OPEN SPACE This chapter addresses a broad range of topics all having to do with the natural resources located within the Tigard Urban Planning Area. This chapter reflects the concerns expressed in several of the Statewide Planning Goals including: Goal #3 - Agricultural Lands; Goal #4 - Forest Land; Goal #5 - Open Spaces; Scenic and Historic Areas and Natural Resources; Goal #7 Aroac subjoct to Natural Disasters and Hazards; and Goal#8-Recreational Needs. The natural environments within the planning area offer many opportunities for a unique and healthy urban development. Those environments, when viewed as a series of systems rather than isolated features, will provide Tigard with those elements necessary for a healthy place in which to live, work and play. .Floodplain greenways, for example, can provide the community with an excellent system of open space links between neighborhoods and services, in addition to providing a relatively inexpensive system for storm water runoff. It is to the community's benefit that consideration be given to both the opportunities and the limitations of the various environments within the planning area. • The natural environments included within the planning area all have their own respective limitations with regard to urbanization. Development pressure upon lands with such limitations can have profound effects on the environment. Erosion of steep slopes caused by inappropriate development, for instance, does not occur as an isolated incident. Soil type, permeability, vegetation and drainage all play major roles in and are effected by development. Likewise, the effects of inappropriate development located within the floodplain areas could have adverse effects on properties both up and down stream from the development site. The social, cultural and economic values of such resource lands could be reduced by the effects of urban development nearby. The limitations of the various environments should be considered in reviewing new development within the planning area. The recognition of the natural environment in the planning area and the development of findings and policies which address the characteristics of the environment are extremely important elements in the Comprehensive Plan. The purpose of this chapter is to define the parameters of the various natural environments in the planning area and to identify the limitations and opportunities inherent in those environments. • Additional information on this topic is available in the "Comprehensive Plan Report: Natural Features and Open Spaces." 3.1 - - - 11, -, • - - . • '! - ■ WETLANDS € ings •• • - - - - - -- - - --- et.. --- --- - -• - - CPA 2007-00002 Vol. II, Policy 3-1 Exhibit A City of Tigard 7-10 • • POLICY 3.1.1 THE CITY SHALL NOT ALLOW DEVELOPMENT IN AREAS HAVING THE FOLLOWING DEVELOPMENT LIMITATIONS EXCEPT WHERE IT CAN BE SHOWN THAT ESTABLISHED AND PROVEN THE DEVELOPER DEMONSTRATES THAT GENERALLY ACCEPTED ENGINEERING TECHNIQUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED DEVELOPMENT. (NOTE: THIS POLICY DOES NOT APPLY TO LANDS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP.): a. AREAS MEETING THE DEFINITION OF WETLANDS UNDER CHAPTER 18.26 OF THE COMMUNITY DEVELOPMENT CODE; c. AREAS SUBJECT TO SLUMPING, EARTH SLIDES OR MOVEMENT; d. AREAS HAVING SLOPES IN EXCESS OF 25%; OR (Rev. Ord. 85-13; Ord. 84-36) IMPLEMENTATION STRATEGIES .. • • • _e••••.•• ._ .. - - 3.2 FLOODPLAINS Fings CPA 2007-00002 Vol. II, Policy 3-1 Exhibit A City of Tigard 7-11 • • 2. Minimize the runoff erosion impact of development on the surrounding area and downstream Preped+ec-and 3. Emphasize the retention of a vegetative buffer along streams and drainageways, to reduce runoff • The Fenno Creek drainage system includes numerous small water courses. The integrity of these -- .. rate. levels. • The City of Tigard, with assistance from The U.S. Army Corps of Engineers, has established an area • . . •• ■ --- - - --- ' - -- _e-e._ -- - --a" - - , --- - - • .. •etee ./ _ POLICIES 3.2.1 THE CITY SHALL PROHIBIT ANY LAND FROM ALTERATIONS OR DEVELOPMENTS IN THE 100 YEAR FLOODPLAIN WHICH WOULD RESULT IN ANY RISE IN ELEVATION OF THE 100 YEAR FLOODPLAIN. 3.2.2 THE CITY SHALL: a. PROHIBIT LAND FORM ALTERATIONS AND DEVELQPME-NT IN THE -FLOODWAY*, EXCEPT ALTERATIONS MAY BE ALLOWED WHICH PRESERVE OR ENHANCE THE b. ALLOW LAND FORM ALTERATIONS OR DEVELOP- MEN-T IN THE FLOODPLAIN* . _ -. .. _ ... , . * , - .- THE FUNCTION OF THE ZERO FOOT RISE FLOODWAY*PROVIDED: CPA 2007-00002 Vol. II, Policy 3-1 Exhibit A City of Tigard 7-12 • SATISFIED; OR 2. THE LAND FORM ALTERATION AND/OR DEVELOPMENT IS ASSOCIATED RECREATION USES, UTILITIES, OR PUBLIC SUPPORT FACILITIES AS DEFINED IN GHAPT€R 18.42 OF THE COMMUNITY BE SATISFIED. 3.2.3 WHERE LAND FORM ALTERATIONS AND DEVELOPMENT ARE ALLOWED WITHIN THE ft . _ Imam- . . * a ■ _ PO /Is _ ass , • * _ REQUIRE: • a. THE STREAMFLOW CAPACITY OF THE ZERO FOOT RISE FLOODWAY* BE BE NO DETRIMENTAL UPSTREAM OR DOWNSTREAM EFFECTS IN THE FLOODPLAIN* AREA, AND THAT THE CRITERIA SET FORTH IN THE SENSITIVE LANDS SECTION OF THE CODE HAVE BEEN MET(Sce FIS September 1981); LAND ABUTTING RESIDENTIAL LAND WHICH ADEQUATELY SCREENS THE DEVELOPMENT FROM VIEW BY THE ADJOINING RESIDENTIAL LAND, AND WHICH IS OF SUFFICIENT WIDTH TO BE NOISE ATTENUATING; AND d. THE CONSIDERATION OF DEDICATION OF OPEN LAND AREA FOR GREENWAY ADJOINING THE FLOODPLAIN* INCLUDING PORTIONS AT A SUITABLE ELEVATION FOR THE CONSTRUCTION OF A PEDESTRIAN/BICYCLE PATHWAY WITHIN THE FLOODPLAIN* IN ACCORDANCE WITH THE ADOPTED PEDESTRIAN BICYCLE PATHWAY PLAN. 3.2.4 THE CITY SHALL PROHIBIT DEVELOPMENT WITHIN AREAS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP. NO DEVELOPMENT SHALL OCCUR ON PROPERTY ADJACENT TO AREAS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP WITHIN TWENTY FIVE (25)‘FEET OF THE DESIGNATED WETLANDS AREA. DEVELOPMENT ON PROPERTY ADJACENT TO SIGNIFICANT WETLANDS SHALL BE ALLOWED UNDER THE PLANNED DEVELOPMENT SECTION OF THE CODE. 3.2.5 THE CITY SHALL REQUIRE THE CONSIDERATION OF DEDICATION OF ALL UNDEVELOPED LAND WITHIN THE 100 YEAR FLOODPLAIN PLUS SUFFICIENT OPEN LAND FOR GREENWAY PURPOSES SPECIFICALLY IDENTIFIED FOR RECREATION WITHIN THE PLAN. (Rev. Ord. 05-01; Ord. 98-19; Ord. 90-22; Ord. 85-13; Ord. 84-36) 3.3 NATURAL RESOURCES Findings - Currently, there are extensive rock and gravel extraction areas located to the north and west of Tigard's planning area within Beaverton and Washington County. (Rev. Ord. 01-07) • There is one active mineral or aggregate resource within the Tigard Planning Area, known as the Durham Pits, which is operated by Washington County. CPA 2007-00002 Vol. II, Policy 3-1 Exhibit A City of Tigard 7-13 • EXHIBIT "B" III MEMORANDUM TIGARD TO: Mayor Craig Dirksen and Members of City Council FROM: Darren Wyss, Associate Planner RE: Council Hearing - CPA2007-00002 DATE: December 5, 2007 At the December 4,2007 City Council meeting, CPA2007-00002 was adopted with revisions that are memorialized below. Key Findings shall read: Floods are Oregon's Tigard's most frequently occurring natural disaster. Goal 7.1 Policy 12 shall read: The City shall encourage pervious and minimize impervious surfaces to reduce stormwater runoff. ORDINANCE NO. 07-20 1 EXHIBIT B CPA2007-00002 { il . F City Council --? De lava 11 h", 200-1 �I "b1Submit Public Hearing Ad to print in The Times 10 business days (CDC 18.390.060.D) in advance of the hearing. This means the submission must be made 3.5 weeks in advance of the hearing as the submission must be made one week before the Thursday it is to be printed. The Times will send an Affidavit of Publication for the record. (Alternately, a notice could be placed in the Oregonian if necessary) 1 1- v-ol Notice of Public Hearing mailed to affected government agencies,interested parties (list from Patty) and anyone that requests notice 10 days (CDC 18.390.060.D) in advance of hearing. An Affidavit of Mailing must be submitted for the record. 0- -of Notice of Public Hearing and Council Packet mailed to Parties of Record from the Planning Commission Hearing 10 days in advance of hearing. An Affidavit of Mailing must be submitted for the record. 11-24-00 Council Packet due 2 weeks in advance of hearing (get to CD Director for review by Monday at noon). ✓ Copy of amendment language to City attorney, r Make sure the proposed a end ent language is updated on the website ' ✓ Notice of Final Oiler to DLCD and Parties of Record within 5 days. An Affidavit of Mailing must be submitted for the record. _ O COONS Scan and send Final Order to webteam) 0, NY1�2 0 �d Link to approved Ordinance on website WI.\-* Copy of Final Order in Planning Decisions Docket Citywide email to inform of approved amendment and location where it can be found until codified S Legislative Process Check List TIGARD 2027 Planning Commission Fill out Pre-Application Conference Notes Fill out Land Use Permit Application and submit to Permit Techs Fill out and submit Proposal Description to Council Friday newsletter Update Tidemark with Public Hearing dates Fill out and submit DLCD Notice of Proposed Amendment. DLCD must receive the notice 45 days in advance of the first Planning Commission public hearing and it must be sent by certified mail. Submit Public Hearing Ad to print in The Times 10 business days (CDC 18.390.060.D) in advance of the meeting. This means the submission must be made 3.5 weeks in advance of the hearing as the submission must be made one week before the Thursday it is to be printed. The Times will send an Affidavit of Publication for the record. (Alternately, a notice could be placed in the Oregonian if necessary) Request for Comments and proposed amendments mailed to affected agencies. Submit in time to allow them 14 days for comment and staff to incorporate comments into a staff report. Notice of Public Hearing mailed to affected government agencies, interested parties (list from Patty) and anyone that requests notice 10 days (CDC 18.390.060.D) in advance of hearing. An Affidavit of Mailing must be submitted for the record. Place proposed amendment on the City's website (same time the Notice of Public Hearing is sent to interested parties) www.tigard-or.gov/city hall/departments/cd/code amendment.asp Staff report to Ron for review two weeks before hearing Staff report and proposed amendments to Jerree one week in advance of Planning Commission hearing Staff report must be available for public review 7 days in advance of public hearing. Update Tidemark with results of hearing Complete Planning Commission Findings and Conclusions for the application record Place signed Planning Commission minutes in record Over for the City Council Process *4- 7 0, vt___%; 1 ro Legislative Process Check List TIGARD 1 -31-01 Fill out Pre-Application Conference Notes • 1-31-0 1 Fill out Land Use Permit Application and submit to Permit Techs 8-7-2.--0 1 Submit Proposal Description to Council Friday newsletters Update Tidemark with Public Hearing dates cb"I- 01 Fill out and submit DLCD Notice of Proposed Amendment. DLCD must receive the notice 45 days in advance of the first Planning Commission public hearing and it must be sent by certified mail. • `6"2-1-0-1 Submit Public Hearing Ad to print in The Times 10 business days (CDC 18.390.060.D) in advance of the meeting. This means the submission must be made 3.5 weeks in advance of the hearing as the submission must be made one week before the • Thursday it is to be printed. The Times will send an Affidavit of Publication for the record.(Alternately, a notice could be placed in the Oregonian if necessary) g"22-01 Request'for Comments and proposed amendments mailed to affected agencies. • Submit in time to allow them 14 days for comment and staff to incorporate comments into a staff report. $-z.1"01 Notice of Public Hearing mailed to interested parties (list from Patty) and anyone that requests notice 10 days (CDC I8.390.060.D) in advance of hearing.An Affidavit of Mailing must be submitted for the record. -22-6-1 Place proposed amendment on the City's website (same time the Notice of Public • Hearing is sent to interested parties) www.tigard-or.gov/city hall/departments/cd/code amendment.asp Staff report to Ron for review two weeks before hearing C 9/37 Staff report and proposed amendments to Jerree one week in advance of Planning Commission hearing (Q / I o] Staff report must be available for public review 7 days in advance of public hearing. (q/16) Update Tidemark with results of hearing Next step is to follow the City Council process for a public hearing(coming soon). KVA Z--‘11-'-'41/-::COPIC50."- I I LAND USE PROPOSAL DESCRIPTION TIGARD 120 DAYS =N/A FILE NO.: COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00002 FILE TITLE: TIGARD COMPREHENSIVE PLAN UPDATE OF STATEWIDE PLANNING GOAL 7: NATURAL HAZARDS. APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: To amend the current Comprehensive Plan Topic 3: Natural Features and Open Space updating the goals, policies and recommended action measures to reflect current community conditions and values. LOCATION: Citywide ZONE: All City zoning districts APPLICABLE Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, 3, REVIEW and 7;Metro Functional Plan Title 3 and 13;and Statewide Planning Goals 1,2, 7, 9,and 11. CRITERIA: COMMENTS SENT: August 22,2007 DUE: September 5,2007 DATE DLCD NOTICE WAS SENT: August 1,2007 DECISION MAKING BODY BELOW: ❑ TYPE I ['TYPE II ❑ TYPE III ® TYPE IV ® PLANNING COMMISSION (MON.) DATE OF HEARING: September 17,2007 TIME: 7:00 PM ® CITY COUNCIL (TUES.)DATE OF HEARING: (To be determined) TIME: COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® PROPOSED ORDINANCE/AMENDMENTS ® STAFF REPORT ® DLCD NOTICE ® VICINITY MAP ❑ SITE PLAN STAFF CONTACT: Marissa Daniels,Assistant Planner (503) 639-4171, Ext. 2428 • • • PRE-APP.HELL)BY: CITY OF TIGARD PLANNING DIVISION ,;-_. LAND USE PERMIT APPLICATION �'� City of Tigard Pemit Center 13125 SW Hall Blul, Tigarrt, OR 97223,-; 2O Phone 503.639.4171 Fax: 503.598.1960 , File# '0201)7—(gcpp;.. Other Case# Date lil o/ By -'tiz-'r Receipt# Fee ui/I Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance(I or II) ❑Minor Land Partition(II) ❑ Zone Change(III) Ef Comprehensive Plan Amendment(IV) ❑Planned Development(III) ❑ Zone Change Annexation(IV) ❑Conditional Use (III) ❑Sensitive Lands Review(I,II or III) ❑Zone Ordinance Amendment(IV) ❑Historic Overlay(II or III) ❑Site Development Review(II) ❑Home Occupation(II) ❑Subdivision(II or III) LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) Tigard Ci+y tivn TAX MAPS&TAX LOT NOS. TOTAL SITE SIZE ZONING CLASSIFICATION X1.4 ccb wiles At -zo % ntv13 de.si 9naticAns .) C� ,j APPLICANT* G+H of Tigcurd MAILIN ADDRESS/QTY/STATE/ZIP 13126 S W Hall B Wd Ti gourd , Ott C1112.3 PHONE NO. FAX NO. 5o3- Co 39 - 't I-1 I 5 o3- totAl -17-91 PRIMARY CONTACT PERSON PHONE NO. 140,6 SS O. Daniels 5o3-1I2! -4 2g PROPERTY OWNER/DEED HOLDER(Attach list if more than one) MAILING ADDRESS/QTY/STATE/ZIP PHONE NO. FAX NO. *When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY(Please be specific) Rwtcoci Chaht•-r 3 , S€Cfidv+s S. 1 ound 3.2 , of tiw Tigard Comprehensive ta,v1 t"D ooaA a polities arid ac-11 011 nit aLureS to YefuLfi curien iiiobS • APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS"INFORMATION SHEET. is\curpin\masters\land use applications\land use permit app.doc IIP THE APPLICANT SHALL CERTIFY THAT: • If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments,and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued,based on this application, map be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signature Date Owner's Signature. Date Owner's Signature Date Owner's Signature Date Owner's Signature Date '•�i % 1 (3110-1 Applicant AgeiI Representative's Signature Date Applicant/Agent/Representative's Signature Date • CITY OF TIGARD LAND USE APPLICATIONS BASIC SUBMITTAL REQUIREMENTS This checklist identifies the basic submittal requirements for a land use application. BASIC INFORMATION: P Completed Master"Land Use Permit" Application with property owner's signature or name of agent and letter of authorization ❑ Title transfer instrument or grant deed O Written summary of proposal O Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre- Application Conference notes) ❑ Two (2) sets of stamped,addressed# 10 envelopes for all owners of property within 500 feet of the subject property. Mailing envelopes shall be standard legal-size (# 10),addressed with 1" X 4" labels (see envelope submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee(see request for 500'property_owner mailing list form). ❑ Documentary evidence of Neighborhood Meeting for the following: Site Development Review,Subdivision, Conditional Use,Sensitive Lands Review,Zone Change, Comprehensive Plan Amendments ❑ Neighborhood Meeting Affidavits of Posting&Mailing Notice,Minutes,Sign-in Sheets O Service Provider Letter. ❑ Impact Study per Section' 18.390.040.B.2(e) ❑ Copy of the Pre-Application Conference notes ❑ Filing Fee (see fee schedule) PLANS REQUIRED: In addition to the above basic information,each type of land use application will require one or more of the following maps or plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION(See separate attachment for details on what information to include on each plan): APPLICATIONS WILL NOT BE ACCEPTED IN PARTIAL SUBMITTALS. ALL ITEMS MUST BE SUBMI ITED AT ONE TIME. EACH PACKET MUST BE COLLATED. ❑ Vicinity Map ❑ Preliminary Grading/Erosion Control Plan ❑ Existing Conditions Map ❑ Preliminary Utilities Plan O Subdivision Preliminary Plat Map O Preliminary Storm Drainage Plan ❑ Preliminary Partition/Lot Line Adjustment Plan 0 Tree Preservation/Mitigation Plan O Site Development Plan ❑ Architectural Drawings (elevations &floor O Landscape Plan plans) ❑ Public Improvements/Streets Plan ❑ Sign Drawings NUMBER OF COPIES REQUIRED: • The City requires multiple copies of submittal materials. The number of copies required depends on the type of review process. FOR PURPOSES OF REVIEWING YOUR APPLICATION FOR COMPLETENESS, ONLY 3 COPIES ARE NEEDED. THE BALANCE OF THE COPIES WILL BE REQUESTED FROM YOU,ONCE DEEMED COMPLETE,TO MAKE YOUR APPLICATION SUBMITTAL COMPLETE. PLEASE NOTE: ROLLED PLANS WILL NOT BE ACCEPTED,FOLDED PLANS ONLY I:\C'URPLN\Shirley\SubmiaalRequiremenu.doc • • CITY OF TIGARD LAND USE APPLICATIONS 07/08 FEE SCHEDULE PROCEDURE FEE + SURCHARGE ACCESSORY RESIDENTIAL UNITS $115 + $18 = $133 ANNEXATION Moratorium on Annexation fees in effect from 7/1/06(Res.06-36)through 7/1/08(Res.07-13)* $2,177 +$321 = $2,498* APPEAL Director's Decision (Type II) to Hearings Officer $250 Expedited Review(Deposit) * $300 Hearings Referee $500 Planning Commission/Hearings Officer To City Council $2,189 +$324 =$2,513 APPROVAL EXTENSION $230 +$34 = $264 BLASTING PERMIT $269 CONDITIONAL USE PERMIT Initial $4,529 +$669 = $5,198 Major Modification $4,529 +$669 =$5,198 Minor Modification $500 +$74 =$574 DESIGN EVALUATION TEAM(DET) RECOMMENDATION(DEPOSIT) $1,121 +$165 =$1,286 DEVELOPMENT CODE PROVISION REVIEW Single-Family Building Plan $46 +$6 =$52 Commercial/Industrial/Institution $287 +$42 =$329 HEARING POSTPONEMENT $259 HISTORIC OVERLAY/REVIEW DISTRICT Historic Overlay Designation $3,499 +$517 =$4,016 Removal of Historic Overlay Designation $3,499 +$517 =$4,016 Exterior Alteration in Historic Overlay District $536 +$79 =$615 New Construction in Historic Overlay District $536 +$79 =$615 Demolition in Historic Overlay District $536 +$79 =$615 HOME OCCUPATION PERMIT(ORIGINAL PERMIT) Type I Home Occupation Permit $35 +$5 = $40 Type II Home Occupation Permit $246 +$36 =$282 INTERPRETATION OF THE COMMUNITY DEVELOPMENT CODE $571 +$36 = $607 LAND PARTITION Residential and Non-Residential(3 Lots) $3,247 +$480 = $3,727 Residential and Non-Residential(2 Lots) $2,672 +$394 = $3,066 Expedited $3,819 +$564 = $4,383 Final Plat $777 +$114 = $891 LOT LINE ADJUSTMENT $416 +$62 =$478 MINOR MODIFICATION TO AN APPROVED PLAN $500 +$74 = $574 NONCONFORMING USE CONFIRMATION $236 +$35 =$271 PLANNED DEVELOPMENT Conceptual Plan Review $6,496 +$916 = $7,412 Detailed Plan Review Applicable SDR Fee PRE-APPLICATION CONFERENCE $323 +$47 =$370 SENSITIVE LANDS REVIEW With Excessive Slopes/Within Drainage Ways/Within Wetlands (Type II) $2,097 +$309 = $2,406 With Excessive Slopes/Within Drainage Ways/Within Wetlands (Type III) $2,256 +$334 = $2,590 Within The 100-Year Floodplain (Type III) $2,256 +$334 = $2,590 SIGN PERMIT Existing and Modification to an Existing Sign (No Size Differential) $35 +$5 = $40 Temporary Sign (Per Sign) $17 +$2 =$19 SITE DEVELOPMENT REVIEW AND MAJOR MODIFICATION Under$1,000,000 $3,838 + $567 = $4,405 $1 Million/Over $5,038 +$743 = $5,781 +$6/Each$10,000 Over$1 Million MINOR MODIFICATION $500 +$74 =$574 • I SUBDIVISION Preliminary Plat Without Planned Development $4,458 +$637 =$5,095 +$90/Lot Preliminary Plat With Planned Development Add$6,211 +$916 =$7,127 Expedited Preliminary Plat Without Planned Development $5,136 +$637 = $5,773 +$90/Lot Expedited Preliminary Plat With Planned Development Add$6,211 +$916 =$7,127 Final Plat $1,428 +$210 =$1,638 Plat Name Change $272 TEMPORARY USE PERMIT Director's Decision $262 +$39 =$301 Special Exemption/Non-Profit Organization -0- TREE REMOVAL $161 +$25 =$186 VACATION(STREETS AND PUBLIC ACCESS) $1,915 +$274 =$2,189 Deposit +Actual Costs VARIANCE/ADJUSTMENT Administrative Variance $536 +$79 =$615 Development Adjustment $236 +$35 =$271 Special Adjustments - Adjustment to a Subdivision $236 +$35 =$271 - Reduction of Minimum Residential Density $236 +$35 =$271 - Access/Egress Standards Adjustment $536 +$79 =$615 - Landscaping Adjustment (Existing/New Street Trees) $269 +$40 =$309 Parking Adjustments - Reduction in Minimum or Increase in Maximum Parking Ratio $536 +$79 =$615 - Reduction in New or Existing Development/Transit Improvement $536 +$79 =$615 - Reduction in Bicycle Parking $536 +$79 =$615 - Alternative Parking Garage Layout $236 +$35 =$271 - Reduction in Stacking Lane Length $536 +$79 =$615 Sign Code Adjustment $536 +$79 =$615 Street Improvement Adjustment $536 +$79 =$615 Tree Removal Adjustment $236 +$35 =$271 Wireless Communication Facility Adjustments - Setback From Nearby Residence $536 +$79 =$615 - Distance From Another Tower $236 +$35 =$271 ZONING MAP/TEXT AMENDMENT Legislative - Comprehensive Plan (CPA) $7,742 +$1,144 = $8,886 Legislative - Community Development Code (DCA) $3,044 +$449 =$3,493 Quasi-Judicial (ZON) $2,789 +$411 =$3,200 ZONING ANALYSIS (DETAILED) $500 +$74 =$574 ZONING INQUIRY LET I'ER(SIMPLE) $58 +$8 =$66 JOINT APPLICATION PLANNING FEE 100% of Highest Planning Fee +50% of All Additional Fees Related to the Proposal EFFECTIVE DATE: OCTOBER 29,2003(Updated annually according to Resolution No.03-59) (Resolution No.03-59, Repealing Resolution No.02-38,Repealing Resolution No.98-58,Repealing Resolution No.96-30,Repealing Resolution No.91-01) * -Established by state statute NOTE 1: WITHDRAWN APPLICATIONS: In cases of withdraw of an application;refund of fees may be applicable,less costs incurred, as determined by the Director. Generally, refunds of 80 percent will be made for applications received and withdrawn prior to sending out request for comments to agencies and notice of public hearing being sent. Fifty-percent refunds will be made where notice of public hearing has been sent but no staff report has begun. NO REFUNDS WILL BE PROVIDED FOR APPLICATIONS FOR WHICH A STAFF REPORT HAS BEGUN. NOTE 2: PROPERTY OWNER NOTICE REQUIREMENTS: For all Type II,III and IV applications,applicants must submit two (2) sets of pre-stamped, pre-addressed envelopes for all property owners of record within 500 feet of the subject properties. The very most current records of the Washington County Department of Assessment and Taxation shall be the official records for determining ownership. Contact the City of Tigard to request 500-foot property owner mailing labels. NOTE 3: LONG RANGE PLANNING SURCHARGE: A Long Range Planning surcharge of .1476 x the application fee has been added by the City Council Resolution No.04-99,passed and effective on 12/28/04. H \patty\masters\Tigard Fee Schedule 07-08.doc(update effective:7/1/07) • . • 1' • • ('la LAND USE APPLICATION PROCESSING TIMELINES City of Tigard ADMINISTRATIVE STAFF REVIEW . Same Day HOP I(Home Occupation.Permit) N/A 5-6 Weeks HOP II(Home Occupation Permit) 500 feet notification 5-6 Weeks SDR(Site Development Review) 500 feet notification 10 Days MIS(Lot Line Adjustment) Abutting properties 5-6 Weeks MLP(Minor Land Partition) 500 feet notification 10 Days VAR(Variance)(Flexible Setback) Abutting properties 2-5 Days SGN(Sign Permit) N/A 6-8 Weeks SUB(Subdivision&Sub.With Variance) 500 feet notification 2-5 Days TUP(Temporary Use Permit) Abutting properties 2-5 Days TUC(Temporary Use Certificate) N/A 2-5 Days TRP(Tree Removal Permit) N/A ARIN GS OFFICER�:; 6-8 Weeks SLR(Sensitive Lands Review) 500 feet notification 6-8 Weeks CUP(Conditional Use Permit) 500 feet notification 6-8 Weeks SCE(Sign Code Exception) 500 feet notification G COMMISSION::iVIlVII5:SI0 N ., 6-8 Weeks CPA(Comprehensive Plan Amendment) 500 feet notification 6-8 Weeks PDR(Planned.Development Review) 500 feet notification • 6-8 Weeks ZON(Zone Change) 500 feet notification 6-8 Weeks ZOA(Zone Ordinance Amendment) N/A • • •:CITY COIINCIL. •6-8 Weeks CPA(Comprehensive Plan Amendment) 500 feet notification • 6-8 Weeks ZCA(Zone Change Annexation) 500 feet notification 6-8 Weeks ZOA(Zone Ordinance Amendment 500 feet notification NOTE: The time clock begins when the application is ACCEPTED, rather than at submittal. These timelines are an approximation. Revised 3/9/04 C:\My Documents\PT-FORMS,ECT\LAND USE TIMELINES.doc • • CITY OF TIGARD • PRE-APPLICATION - CONFERENCE NOTES •' GAS (Pre-Application Meeting Notes are Valid for Six (6) Months) T,I FOP.NIG D SATATREAM NON-RESIDENTIAL APPLICANT: Goy OF •fi9aX6 AGENT: Phone: (5oo h¢? 1—4 111 Phone: ( ) PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: 1-i9c*$c Gituj Vtv�itS TAX MAP(S)/LOT #(S): NECESSARY APPLICATIONS: PROPOSAL DESCRIPTION: 4tvrvitnt C i.p4Qx 3 Sec tick S.% and S•2. of- T'igaxd Comprehelnstve P‘0.4 is I)Oak.. tru, 6 xU , potici ec, d.v1d ac.ticm nutawres iv re Ft.eL* cot rent cond i tans • COMPREHENSIVE PLAN MAP DESIGNATION: AU MN) dtsicrcUirms within ttiu. CAI leoundary ZONING MAP DESIGNATION: All ,,ontny dtsic'nctAons 0.1itti►►h fti.a. Gi+,, boundaxij ZONING DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18. l MINIMUM LOT SIZE: sq. ft. Average Min. lot width: ft. Max. building height: ft. Setbacks: Front ft. Side ft. Rear ft. Corner ft. from street. MAXIMUM SITE COVERAGE: % Minimum landscaped or natural vegetation area: %. ❑ NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout] THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two - (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8 NON-Residential Appiication/Planning Division Section ❑ NARRATIVE [Refer to Code Cfilter 18.390) • The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review • the code for applicable criteria. ❑ IMPACT STUDY [Refer to Code Sections 18.390.040 and 18.390.050) As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. ❑ ACCESS [Refer to Chapters 18.105 and 18.765) Minimum number of accesses: _ Minimum access width: Minimum pavement width: All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: ❑ WALKWAY REQUIREMENTS [Refer to Code Section 18.705.030) WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. ❑ SPECIAL SETBACKS [Refer to Code Chapter 18.730) D STREETS: feet from the centerline of D LOWER INTENSITY ZONES: feet, along the site's boundary. > FLAG LOT: 10-FOOT SIDE YARD SETBACK. ❑ SPECIAL BUILDING HEIGHT PROVISIONS [Refer to Code Section 18.130.010.BJ BUILDING HEIGHT EXCEPTIONS - Buildings located in a non-residential zone may be built to a height of 75 feet provided that: > A maximum building floor area to site area ratio (FAR) of 1.5 to 1 will exist; > All actual building setbacks will be at least half(1/2) of the building's height; and > The structure will not abut a residential zoned district. ❑ BUFFERING AND SCREENING [Refer to Code Chapter 18.745) In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 8 NON-Residential Application/Planning Division Section The ESTIMATED REQU ED BUFFER WIDTHS applicable to �r proposal area pp y u pop are. feet along north boundary. feet along east boundary. feet along south boundary. feet along west boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: ❑ LANDSCAPING [Refer to Code Chapters 18.145,18.165 and 18.1051 STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of- way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. ❑ RECYCLING (Refer to Code Chapter 18.1551 Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Pride Disposal can be reached at (503) 625-6177. ❑ PARKING (Refer to Code Section 18.165.0401 REQUIRED parking for this type of use: Parking SHOWN on preliminary plan(s): SECONDARY USE REQUIRED parking: Parking SHOWN on preliminary plan(s): NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. PARKING STALLS shall be dimensioned as follows: > Standard parking space dimensions: 8 feet, 6 inches x 18 feet, 6 inches. > Compact parking space dimensions: 7 feet, 6 inches x 16 feet, 6 inches. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three (3) feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. HANDICAPPED PARKING: > All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED DISABLED PERSON PARKING spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. > BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ LOADING AREA REQUIREMENTS [Refer to Code Section 18.765.080] Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be provided with a loading space. The space size and location shall be as approved by the City Engineer. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 8 • NON-Residential Application/Planning Division Section ❑ B• ICYCLE RACKS [Refer to C•Section 18.1651 • BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. • ❑ S• ENSITIVE LANDS [Refer to Code Chapter 18.7151 The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre- application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. ❑ STEEP SLOPES [Refer to Code Section 18.115.080.C1 When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. ❑ CLEANWATER SERVICES(CWS)BUFFER STANDARDS [Refer to CWS Rao 01-20/USA Regulations-Chapter 31 LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a . vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: - TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION & ORDER 07-20 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA4 CORRIDOR PER SIDES • Streams with intermittent flow draining: <25% 10 to <50 acres 15 feet 1 >50 to <100 acres 25 feet • Existing or created wetlands <0.5 acre 25 feet • Existing or created wetlands >0.5 acre <25% 50 feet • Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining >100 acres • Natural lakes and ponds • Streams with intermittent flow draining: >25% IF 10 to <50 acres 30 feet I' >50 to <100 acres 50 feet • Existing or created wetlands >25% Variable from 50-200 feet. Measure • Rivers, streams, and springs with year-round flow in 25-foot increments from the starting • Streams with intermittent flow draining >100 acres point to the top of ravine (break in • Natural lakes and ponds <25%slope), add 35 feet past the top of ravine' 4Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement. 5Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 6The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. CITY OF TIGARD Pre-Application Conference Notes Page 4 of 8 NON-Residential Application/Planning Division Section Restrictions in the Vege Corridor: • NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as provided for in the CWS Design and Construction Standards. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter-which will outline the conditions necessary to comply with the CWS R&O 07-20 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. ❑ SIGNS (Refer to Code Chapter 18.1801 SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for Director's review. ❑ TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.190.030.CJ A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. THE TREE PLAN SHALL INCLUDE the following: ➢ Identification of the location, size and species of all existing trees including trees designated as significant by the City; ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: �► Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; ➢ Identification of all trees which are proposed to be removed; and ➢ A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. ❑ MITIGATION [Refer to Code Section 18.190.060.EJ REPLACEMENT OF A TREE shall take place according to the following guidelines: ➢ A replacement tree shall be a substantially similar species considering site characteristics. ➢ If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 8 NON-Residential Application/Planning Division Section ➢ If a replacement, of the size cut is not reasonably agable on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: 0 The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN-LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. ❑ CLEAR VISION AREA (Refer to Code Chapter 18.7951 The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. ❑ ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.810.0601 MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot-wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 21/2 TIMES THE AVERAGE WIDTH, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. CODE CHAPTERS • - 18.330(Conditional Use) 18.620(Tigard Triangle Design Standards) 18.760(Nonconforming Situations) - 18.340(Director's Interpretation) 18.630(Washington Square Regional Center) _ 18.765(Off-Street( Parking/Loading Requirements) - 18.350(Planned Development) 18.640(Durham Quarry Design Standards) _ 18.775(Sensitive Lands Review) 18.360(Site Development Review) 18.705(Access/Egress/Circulation) _ 18.780(Signs) _ 18.370(Variances/Adjustments) 18.710(Accessory Residential Units) _ 18.785(Temporary Use Permits) - 18.380(Zoning Map/Text Amendments) 18.715(Density Computations) _ 18.790(Tree Removal) - 18.385(Miscellaneous Permits) 18.720(Design Compatibility Standards) _ 18.795(Visual Clearance Areas) 18.390(Decision Making Procedures/Impact Study) 18.725(Environmental Performance Standards) _ 18.798(Wireless Communication Facilities) - 18.410(Lot Line Adjustments) 18.730(Exceptions To Development Standards) _ 18.810(Street&Utility Improvement Standards) - 18.420(Land Partitions) 18.740(Historic Overlay) - 18.430(Subdivisions) 18.742(Home Occupation Permits) 18.510(Residential Zoning Districts) 18.745(Landscaping&Screening Standards) 18.520(Commercial Zoning Districts) 18.750(Manufactured/Mobil Home Regulations) - 18.530(Industrial Zoning Districts) 18.755(Mixed Solid Waste/Recycling Storage) CITY OF TIGARD Pre-Application Conference Notes Page 6 of 8 NON-Residential Application/Planning Division Section ADDITIONAL CONCERNS OR COMMAS: PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. 7 Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 81/2" x 11". One, 81/2" x 11" map of a proposed project shall be submitted for attachment to the staff report or administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pre-Application Conference Notes Page 7 of 8 NON-Residential Application/Planning Division Section • • The administrative deci. or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard . A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: Mlariss& DcatteA CITY OF TIGARD PLANNING DIVISION - STAFF PERSON HOLDING PRE-APP. MEETING PHONE: 503-639-4171 FAX: 503-684-1291 DIRECT: 503-118-2.421 EMAIL fV%GXiSSO_ tigard-or.gov TITLE 18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS: www.tigard-or.gov H:\patty\masters\Pre-App Notes Commercial.doc Updated: 13-Jun-07 (Engineering section:preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 8 of 8 NON-Residential Application/Planning Division Section TIGARD PLANNING COMMISSION AGENDA • is • AUGUST 20, 2007 7:00 p.m. TIGARD TIGARD CIVIC CENTER—TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 7:00 p.m. 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:02 p.m. 3. COMMUNICATIONS 7:10 p.m. 4. APPROVE MINUTES 7:15 p.m. 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00001 Tigard Comprehensive Plan Update of Statewide Planning Goal 6: Air,Water, and Land Quality Resources, Goal 8: Recreation Needs, and Goal 13: Energy Conservation REQUEST: Amendments to the current Comprehensive Plan Topics 3: Natural Features and Open Space; 4: Air,Water, and Land Resources Quality; and 9: Energy by updating the goals,policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_amendments. LOCATION: Citywide. ZONE: CBD, C-G, C-P, I-H, I-L, I-P,MUC,MUE,MUE-1,MUE-2,MUR-1, MUR-2, R- 1,R-2,R-3.5,R-4.5,R-7,R-12,R-25. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.380, 18.390, 18.705, 18.715, 18.765, 18.775 and 18.810; Comprehensive Plan Policies 2,3 & 4;Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1, 2, 5 and 6. 8:15 p.m. 6. COMPREHENSIVE PLAN WORKSHOP- HAZARDS . 9:00 p.m. 8. OTHER BUSINESS 9:05 p.m. 9. ADJOURNMENT iI • • MEMORANDUM TIGARD TO: Planning Commission FROM: Marissa Daniels, Assistant Planner RE: Hazards Comprehensive Plan Work Session DATE: August 13, 2007 At the August 20th Planning Commission meeting, staff will present the draft goals, policies, and action measures of the Hazards section for Planning Commission review,discussion, and editing. The draft goals, policies, and action measures were created based on a number of activities and include: • Tigard Beyond Tomorrow Visioning Process • Community surveys over the past several years • Tigard 2007 Resource Report • Citizen review of draft goals at two Comprehensive Plan open houses • Citizen input at Policy Interest Team meetings These draft goals,policies, and action measures are intended to reflect the community's values and aspirations for land use planning. They also aim to organize and coordinate the relationships between people,land, resources, and facilities to meet the current and future needs of Tigard. This meeting gives the Planning Commission the opportunity to ask questions of staff on the concepts or content of the language that is included in the draft goals, policies, and action measures. This is also the appropriate time to evaluate the citizen input versus the views of the Commission on what it ultimately recommends to City Council. The intended outcome of the meeting would be a consensus on the final draft goals,policies, and action measures that will be brought before the Planning Commission for a public hearing on September 17`h. To meet this timeline, a thorough review of the materials before the meeting,with questions ready,will help to ensure a focused review and discussion that is efficient. If unable to finish the review during the August 20th meeting, • it will continue to the September 17`h meeting. Remember, staff is available to answer any questions that you may have leading up to the meeting and we encourage you to call`or email. Getting all questions answered and the appropriate information to help with the discussion will eliminate the need to schedule additional meetings throughout the process of updating the Comprehensive Plan. 1 • • 4' For questions on the Hazards chapter, please contact Marissa Daniels at 503-718-2428 or Marissa @ tgard-or.gov. The attached material for each of the topics includes: • Draft Hazards chapter including key findings from the Tigard 2007 Resource Report, goals, policies, and action measures © "Building blocks" based on the Tigard 2007 Resource Report,visioning process, and surveys that were used with the Policy Interest Teams to provide them with a structure to help develop draft policies. Additions/comments from citizens are color coded by the meeting date. ▪ Community Issues/Values gleaned from the visioning process and community surveys • Text from the current Comprehensive Plan to be deleted when the new goals,policies, and action measures are adopted by City Council ® Staff input at Department Review Team meetings To date, the opinions expressed by the Policy Interest Team have been in agreement with the professional opinion of staff on all but two issues. The first issue is the way in which we define high hazard areas. The Hazards Policy Interest Team prefers that hazard areas be defined by map for all hazards. Currently, the floodplain is defined by FEMA map and landslide prone areas are defined by text. Staff recommends against defining hazard areas by map as map error and map scale may interfere with the accuracy of hazardous conditions. In the attached draft Hazards chapter, flooding and wildfire hazards are defined by map and landslides are defined by text. The second issue is the formation of a hazards home inspection program. It has been proposed by the Policy Interest Team that the building department offer home inspections to property owners to check for possible vulnerability to natural hazards. At this time,the building department does not have the expertise to evaluate homes on this level. In many cases, a geotechnical or structural engineer will be necessary to determine whether a home is truly at risk. Implementing this program will require the creation of one or more new positions. Staff has also expressed concern about the liability involved in determining whether or not a home is at risk of natural hazards. Please note, hazards response is not covered in this chapter. Response will be included in the Public Safety section of the Public Facilities chapter. Included below are some definitions that may be helpful to your review: Goal Definition -A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation - The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. • 2 • • Policy Definition -A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify.the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Obligation-The City must follow relevant policy statements when amending the Comprehensive Plan, or developing other plans or ordinances which affect land use such as public facility plans, and zoning and development standards or show cause why the Comprehensive Plan should be amended consistent with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. However, in the instance where specific plan policies appear to be conflicting, the City shall seek solutions which maximize each applicable policy objective within the overall context of the Comprehensive Plan and Statewide Goals. As part of this balancing and weighing process,the City shall consider whether the policy contains mandatory language (e.g., shall, require) or more discretionary language (e.g.,may, encourage). Recommended Action Measures Definition -A statement which outlines a specific City project or standard which, if executed,would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies,will depend on a number of factors such as citizen priorities, finances, staff availability, etc. The City should periodically review and prioritize recommended action measures based on current circumstances, community needs and the City's goal and policy obligations. These statements are suggestions to future City decision-makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to, or amended, as conditions warrant. 3 • -DRAFT- • Hazards Natural features provide a community with valuable resources but, under certain conditions, these resources may also present a hazard. For example, rivers and creeks are important for storm water conveyance,wildlife habitat, and water quality. However, these resources can quickly threaten property and people unless careful planning has documented flooding risk and adequate precautions are taken. The City's commitment to protect people and property from hazards is based on Oregon Statewide Planning Goal 7. Goal 7 lists six hazard categories to be addressed by comprehensive plans. Four of these apply to the City of Tigard: wildfire,landslides, flooding, and earthquakes. In addition, the City is also vulnerable to harm from severe weather and man-made hazards. Goal 7: Areas Subject to Natural Hazards "To protect people and proper0 from natural hazards." Tigard's citizens value a safe community where natural resources are protected and there is minimal danger from both natural and man-made hazards. Tigard residents value the importance of natural systems in protecting the community from hazards, and additionally recognize that although landslides, earthquakes,wildfires and floods occur naturally, the effects of these events are often made worse by human activities. Hazards can have a significant negative impact on a community's quality of life. It is important for the Comprehensive Plan to provide policy direction on how the City will manage hazardous conditions and events. Land use planning, development regulation and emergency management play key roles in assessing and reducing the risk to people and property from hazards. It is important for local governments to have an understanding of underlying natural conditions and past event history to develop hazard mitigation and prevention programs. Because hazards, such as earthquake faults and floodplains, extend across jurisdictional boundaries, it is essential to coordinate planning and emergency response services regionwide and with the state and federal governments. For example, due to the scale and complexity of earthquakes, Tigard coordinates with the Oregon Department of Geology and Mineral Industries (DOGAMI). In addition to DOGAMI, Tigard coordinates with Metro,Washington County, and other jurisdictions to mitigate the risk associated with an earthquake. To minimize loss of life and property from earthquakes, the City requires all new commercial, industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements for Zone 3 (the second highest hazard code), while single-family construction must conform to the Oregon One and Two Dwelling Specialty Code for seismic category Dl. In Tigard,wildfire is characterized by the Urban Interface Zone, or the urban-rural fringe where homes and other structures are built onto a densely forested or natural landscape. The Oregon Department of Forestry implements the Oregon Forestland-Urban Interface Fire Program, which is expected to be fully implemented by 2011,in order to protect interface communities in Oregon from wildfire. The City of Tigard works with Tualatin Valley Fire and Rescue (TVF&R) to mitigate the effects of wildfire. TVF&R is responsible for all fire prevention and education, and has the opportunity to comment on all development applications. TVF&R also maps the urban interface zone in Tigard. The Oregon Department of Environmental Quality (DEQ) controls both backyard and agricultural burning in Oregon; however, Tigard is within the DEQ permanent burn-ban area in an effort to reduce the risk of wildfire as a result of backyard burning. 1 • -DRAFT- - People and property are best protected from landslide when building structures and roads are not built within areas prone to mass movement. Although landslides are a natural geologic process, the incidence of landslides and their impacts on people can be exacerbated by human activities. Such human activities include grading for road construction and development, excavation, drainage and groundwater alterations, and changes in vegetation. By mapping steep slopes and allowing only appropriate development in these areas the City can limit the impact of landslides on the community. Also,by retaining vegetation and natural drainageways in these areas, the City can work to reduce conditions which may lead to landslides. The effects of landslides are often more widespread than the physical area they inhabit, as landslides can affect utility services, transportation systems, and critical lifelines. Floods are influenced by a number of factors,including the amount and intensity of precipitation, geography and geology, and development activity. The City of Tigard cannot control precipitation or the community's soil type but can control development activity which contributes to, and is affected by, flooding. The City coordinates with several agencies to mitigate the risk of flooding. The FEMA designated floodplain is used to administer the national flood insurance program (NFIP). The floodplain serves as the FEMA flood hazard regulatory area. Within this area, development activities are regulated to minimize impacts on floodwater flows and storage areas to reduce impacts from flood events. Oregon state law regulates development within the 100-year floodplain and Tigard complies through adoption of Metro's Urban Growth Management Functional Plan,Title 3. The Sensitive Lands chapter of the Tigard Community Development Code implements Title 3 through the Clean Water Services' Design and Construction Standards. Floods can have a devastating impact on almost every aspect of the community,including private property damage, public infrastructure damage, and economic loss from business interruption. The City has been proactive in mitigating flood hazards by purchasing floodplain property. These areas, if left undisturbed, can act to store excess floodwater. The Oregon Division of State Lands (DSL), jointly with the U.S. Army Corps of Engineers, requires a permit for development within the waters of the United States. Any disturbance to a water body and its associated floodplain is covered through this process. Tigard is also at risk of non-natural or man-made hazards. Although statewide planning goal 7 addresses natural hazards, other hazards are included in this chapter as the community is concerned about protection from non-natural hazards as well as natural hazards. Other hazards addressed by this section may include mass casualty transportation accidents,hazardous material releases, severe storms, terrorism, epidemics, and infestation. Tigard coordinates planning for non-natural hazardous occurrences with other jurisdictions and agencies from around the state. Key Findings • The Cascadia Subduction Zone could potentially cause an 8+ magnitude earthquake, affecting Tigard. • Tigard is subject to more frequent shallow earthquakes (crustal fault earthquakes). These events typically do not exceed magnitude 4, but could go up to magnitude 7. • Fifty-eight percent of the City is subject to the greatest earthquake hazard level,with an additional 21% falling into the next hazard level. These areas include developed residential and commercial areas, as well as the Washington Square Regional Center. 2 • • -DRAFT- • • Wood-frame homes tend to withstand earthquakes better than unreinforced brick buildings. • The City of Tigard requires all new commercial,industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements for Seismic Zone 3,while single- family construction must conform to the Oregon One and Two Family Dwelling Specialty Code for Seismic Category Dl. • The increasing number of homes being built in the urban interface zone is increasing the threat of wildfire in Tigard. More than 30% of all land in Tigard is vulnerable to wildfire. • Tigard is within the Oregon Department of Environmental Quality's permanent burn ban area, so backyard burning is not allowed anywhere within Tigard. • The most common type of-landslide in Washington County is caused by erosion. • Landslides within Tigard have historically not caused major property damage. However in other parts of the Portland metropolitan region they have caused considerable damage. • It is estimated about 3% of the City's land, or 286 acres,is vulnerable to landslides. In addition, about 4.3 miles of critical streets could be subject to landslide damage. • Human activities such as deforestation, stream alteration, and urban development within the Tualatin basin have significantly altered the hydrology of the watershed. This has resulted in increased water runoff and greater potential for flooding. • Floods are Oregon's most frequently occurring natural disaster. • The 100-year floodplain includes six streams and 7.9% of all land area in Tigard. Th. e last major flood event in 1996 inundated 2.2% of the land area in Tigard. • As of June 2006, Tigard owns 34% of the 100-year floodplain. • Tigard residents are concerned about the effects of all other hazards on the community. Goal 7.1 Protect people and property from flood, landslide, earthquake,wildfire, and severe weather hazards. Policies 1. The City shall not allow development in areas having the following development limitations except where it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development: • A. Areas having a severe soil erosion potential; B. Areas subject to slumping, earth slides, or movement; C. Areas having slopes in excess of 25%; or D. Areas having severe weak foundation soils. 2. The City shall promote the use of non-structural approaches to hazard mitigation. 3. The City shall coordinate land use and public facility planning with public safety providers (law enforcement, fire safety, and emergency service providers) to ensure their capability to respond to hazard events. 4. The City shall design and construct public facilities to withstand hazardous events with a priority on hazard protection of public services and facilities that are needed to provide emergency response services. 5. The City shall apply and enforce building code standards to protect the built environment from natural disasters and other hazards. 3 • • -DRAFT- 6. The City shall enforce standards requiring the creation and maintenance of defensible space around habitable structures located in wildfire hazard areas. 7. The City shall comply with the Federal Emergency Management Agency (FEMA) flood regulations, which include standards for base flood levels, flood proofing, and minimum • finished floor elevations. 8. The City shall prohibit any land form alterations or developments in the 100-year floodplain which would result in any rise in elevation of the 100-year floodplain. 9. The City shall not allow land form alterations or development within the 100-year floodplain outside the zero-foot rise floodway unless: A. The streamflow capacity of the zero-foot rise floodway is maintained, and B. Engineered drawings and/or documentation shows there will be no detrimental upstream or downstream effects in the floodplain area. 10. The City shall work with Clean Water Services to protect natural drainageways and wetlands as valuable water retention areas and,where possible, find ways to restore and enhance these areas. 11. The City shall comply with Metro Tide 3 Functional Plan requirements for balanced fill and removal in the floodplain. 12. The City shall minimize impervious surfaces to reduce storm water runoff. 13. The City shall retain and restore existing vegetation with native species in areas with landslide potential to the greatest extent possible. 14. The City shall work to reduce the risk of loss of life and damage to property from severe weather events. Recommended Action Measures i. Place land acquisition priorities on high hazard areas to be used for recreation or open space purposes. ii. Update and maintain accurate information regarding natural hazard risks and past events. iii. Publicize and maintain maps of high hazard areas. iv. Address planning for the protection of public facilities and services from hazards in the Tigard Public Facilities Plan and Community Investment Plan. v. Retrofit existing public facilities and services to contemporary standards to better withstand natural disasters and hazardous occurrences. vi. Recognize some existing buildings have not been built to contemporary building code standards and seek ways to encourage their retrofit to modern codes. vii. Design and Implement a natural hazards home inspection program. viii.Update and maintain a list of essential and critical facilities to be used in hazards planning. ix. Work with Tualatin Valley Fire and Rescue Community Safety Program to provide • 4 • -DRAFT- information and education about urban interface wildfire to Tigard citizens. x. Adopt the Tualatin Valley Fire and Rescue Wildfire Hazard Map and implement section R324 of the Oregon Residential Specialty Code. xi. Provide information and access to resources for property owners who wish to assess the ability of their buildings to withstand natural hazards. xii. Continue to maintain eligibility for the National Flood Insurance Program. Goal 7.2 Protect people and property from non-natural hazardous occurrences. Policies 1. The City shall design, construct, and coordinate the surface transportation system to reduce the potential for mass casualty accidents and to provide the ability to evacuate when necessary. 2. The City shall encourage communication and coordination among a wide variety of agencies to respond to technological and man-made disasters. Recommended Action Measures i. Keep a current inventory of locations where hazardous materials might pose a danger to the public,including storage and transportation areas. ii. Update and maintain the Tigard Emergency Operations Plan to ensure essential governance and public safety services are available during a'disaster. iii. Continue to work with the Washington County Office of Emergency Management to: A. Coordinate emergency preparedness education for Tigard residents, • B. Provide ongoing responder training and exercises, C. Coordinate regionwide hazards response, and D. Provide hazards infoiniation and resources countywide. iv. Continue to implement the Community Emergency Response Team (CERT) Program for community members and City staff. v. Encourage projects that enhance medical treatment capabilities and capacity. • • 5 ---*Formatted:Top: 0.5 3 TIGARD COMPREHENSIVE PLAN POLICY BUILDING BLOCKS REVISED AS OF 6/21/2007 • REVISED AS OF 7/16/2007 REVISED AS OF 8/10/2007 HAZARDS GOAL: 1. PROTECT PEOPLE AND PROPERTY FROM FLOOD, LANDSLIDE, EARTHQUAhE AND WILDFIRE I IA • POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone): Policies: Protect life and property from hazards by preventing 5.1.1 The City shall not allow development in areas • or minimizing the risk of hazardous occurrences.I____ having the following development limitations --- comdmiti Group preference to Co define hazard areas'by Map and not except where it can be shown that established and by text.(2 green Dols) For the following reasons,Other Building Blocks (actions and results): proven engineering techniques related to a specific against defining landslide lh�a d by • Prevent development that would pose danger to site plan will make the area suitable for the Map: I.MAP SCALE:The scale of the neap life and property in areas where hazards cannot be proposed development: will have an impact on whether a mitigated. (3 green dots) sensitive lands review is necessary. a. Areas having a severe soil erosion potential 2.MAP ERROR:In the event the b. Areas subject to slumping, earth slides,or there is an error on our map,we are still covered by the text. • Developers have the burden of proof to show movement; that hazards can be mitigated to the extent c. Areas having slopes in excess of 25%; or necessary not to endanger life and property. (1 d. Areas having severe weak foundation soils. • green dot, 1 yellow dot) 5.1.2 The City shall coordinate land use and public • Promote the use of non-structural approaches to facility planning with public safety providers (law hazard mitigation. (2 green dots) enforcement, fire safety, and emergency service providers) to ensure their capability to respond to _ __ _ • Land acquisition priorities on(high hazard areas to hazard events. (1 green dot) ,- Comment:Need to clarify the I - (definition of high hazard areas. be used for recreation or open space purposes. (2 l __.__J green dots) 5.1.3 The City shall promote the use of non-structural approaches to hazard mitigation. (1 green del) • • Coordinate land use and public facility planning with public safety providers (law enforcement, fire Action Measures: safety, and emergency service providers) to ensure 5.1.1 Place land acquisition priorities on high hazard • their capability to respond to hazard events. (3 areas to be used for recreation or open space • • • green dots) purposes. (1 green dot) • (Maintain accurate information regarding natural 5.1.2 Update and maintain accurate information regardinf hazard risks and past events. (2 green dots) i natural hazard risks and past ast events. - Comment:Specify which maps are - --- - - -- -- --- -- - - - -- --- • - • used,need to make it easy for the public to find relevant maps. t • 5.1.3 Publicize and maintain maps of litgh hazard areas.j_--- Comment:Although the maps may not be used to define high Hazard areas,the maps are very useful in POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: illustrating such areas. t Policy Principle (Cornerstone): Policies: _ Public Facilities"need protection from destruction or 5.1.4 The City shall design and construct public facilities-• Comment:What about enforcement•b public private facilities,i.e.private roads? damage by hazardous conditions. to withstand hazardous events with a priority on Comment:Define and add public hazard protection of public services and facilities facilities to the glossary list. Other Building Blocks (actions and results) that are needed to provide emergency response • Have as a priority hazard protection of public services. (1 green Dot) services and facilities that are needed to provide • • emergency response services. (3 green dots) Action Measures: 5.1.4 Address planning for the protection of public • • • Design and construct public facilities to withstand facilities and services from hazards in the Tigard hazardous events. (3 green dots) Public Facilities Plan and Community Investment - Plan. (1 green Dot) • Retrofit existing facilities and services to contemporary standards to better withstand 5..1.4 Retrofit existing public facilities and services to - •{-Formatted:Bullets and Numbering natural disasters and hazardous occurrences. (2 contemporary standards to better withstand natural green dots) disasters and hazardous occurrences. (1 green Dot, . lyellow dot) • Community Issue:The citizens of Tigard are concerned about the future of public services, 5.1.5 Design and Implement a natural hazards home ' - 1 Formatted:Bullets and Numbering which includes safety, schools and infrastructure. inspection program. * (1 yellow dot) • Address planning for the protection of public • facilities and services from hazards in the Tigard Public Facilities Plan and Community Investment Plan. ("l yellow dot) • • POLICY BUILDING BLOCKS: • DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone): Policies: Contemporary building codes protect the built 5.1.5 The City shall apply and enforce building code environment and human life from natural disasters standards to protect the built environment from such as earthquakes and flood events.1 natural disasters and other hazards. Comment:Does the City have an - • (inventory of hazardous buildings? • Other Building Blocks (actions and results) Action Measures: • Apply and enforce building code standards to 5.1.6 Recognize some existing buildings have not bees.,--- Comment:Is the degree of the codes enforced in Tigard above or protect the built environment from natural built to contemporary building code standards and', below average?Should we strive to be above average? disasters and other hazards. (3 green dots) seek ways to encourage their retrofit to modern __. codes. (1 green Dot) t Formatted:Bullets and Numbering j • Recognize that existing buildings have not been • built to contemporary building code standards and 5.1.7 Update and maintain a list of essential and critical-- --"(Formatted:Bullets and Numbering seek ways to encourage their retrofit to modern facilities to be used in hazards planning'. codes!' (2 green dots -- LComment: me Inspections Ho nspe 'ons -518 Peovick" information and access to sources-6 u* _ - Comment:Natural Hazard Florae property owners who wish to assess the ability of Inspections have been recommended by the Policy Interest Team.Building their buildings to withstand natural hazards. (1gieeii Staff recommends against inspections for the following reasons: 1 yellow Dot) 1.LIABILITY:If the City inspected a home and found it to be"safe-from hazards,and the structure was Later damaged during a hazard event,the City could be found liable for the damages. 2.EXPERTISE:To tett whether a • property owner is truly safe from hazards requires expertise beyond that of the building Department.For example,a structural Engineer or geotechnical engineer has the knowledge to determine whether a' house is truly safe from earths/ate or landslide hazards, . • IFormatted:Bullets and Numbering • Formatted:Font:Not Italic • • POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone): Policies: Protect life and property from the growing hazards of 5.1.6 The City shall enforce standards requiting the urban interface wildfires. . creation and maintenance of defensible space around habitable structures located in wildfire Other Building Blocks (actions and results) • hazard areas. (1 yellow Dot) • Education is a key component in reducing the tisk of urban interface wildfire. (2 green dots) Action Measures: 5.1.6 Work with Tualatin Valley Fire and Rescue • Tigard Beyond Tomorrow Public Safety Goal 1, Community Safety Program to provide information strategy#6 is that fire safety education will be and education about urban interface wildfire to effectively promoted in the community. (1 yellow Tigard citizens. (1 yellow Dot) dot) 5.1.7 Adopt the Tualatin Valley Fire and Rescue Wildfire • • Work with the Tualatin Valley Fire and Rescue hazard Map and implementlsection R324 of the Community Safety Program to provide Oregon Residential Specialty Code._(2green Dots) ,-- Ean,mene Add explanation information and education about urban interface wildfire to Tigard citizens. (1 green dot) • •Enforce standards requiring the cutting of tall grass and combustible debris removal. (1 green, 1 yellow dot) • • • • • • POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone): Policies: Reduce the risk to people and property from 5.1.7 The City shall comply with the Federal Emergency flooding. (1 green dot) Management Agency (FEMA) flood regulations, which include standards for base flood levels, flood Other Building Blocks (actions and results) proofing, and minimum finished floor elevations. (7 ▪ Comply with The Federal Emergency green Dot) Management Association (FEMA) flood regulations,which include standards for base 5.1.8 The City shall prohibit any land form alterations or flood levels, flood proofing, and minimum developments in the 100-year floodplain which finished floor elevations,etc. (2 green dots) would result in any rise in elevation of the 100-year floodplain. (1 green Dot) • Update flood information as it becomes available.[ .-{Comment:This information needs to I• be easy for residents to access. • (i yellow dot) 5.1.9 The City shall not allow land form alterations or --- — • development within the 100-year floodplain outside • Comply with Metro Title 3 Functional Plan • the zero-foot rise floodway unless: (1 green Dot) balanced removal fill requirements. (2 yellow dots) a. The streamflow capacity of the zero-foot rise floodway is maintainted, and • Protect natural drainageways and wetlands as b. Engineered drawings and/or valuable water retention areas and where possible documentation shows that there will be no find ways to restore these areas. (1 green dot) detrimental upstream or downstream effects in the floodplain area. • Community Value:The citizens of Tigard value trees and natural resources and feel that.protecting 5.1.10 The City shall protect natural drainageways and these resources will benefit the community.* (1 wetlands as valuable water retention areas and green dot) where possible find ways to restore these areas. (1 green Dot) • Emergency access is important to maintain to • areas that are subject to flooding. (1 yellow dot) 5.1.11 The City shall comply with Metro Tide 3 Functional Plan requirements for balanced fill and • Minimize impervious surfaces to reduce storm removal in the floodplain. (1 green Dot) water runoff. (i yellow dot) 5.1.12 The City shall work with Clean Water Services to • • • Work with Clean Water Services to preserve the preserve the natural storm water drainageways to natural storm water drainageways to reduce the reduce the potential for flooding. potential for flooding. (1 green dot) 5.1.14 The City shall minimize impervious surfaces to reduce storm water runoff. (2 green dots _ • Comment:Moved from landslide section. Action Measures: 5.1.8 Continue to participate in the National Flood Insurance Program. . POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone): Policies: • Protect people and property from slow moving and 5.1.13 The City shall retain existing vegetation in areas . rapidly moving landslides. with landslide potential to the greatest extent possible. (1 green dot) Other Building Blocks (actions and results) Deleted:5.1.14 The City shall minimize impervious sui races to reduce storm water • Retain existing vegetation in areas with landslide Action Measures (rnnorr.91 potential to the greatest extent possible. (2 green dots) • Enforce standards that prevent or minimize the potential for landslides. (1 green dot) • • • • • POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone): Policies: Protect people and property from severe weather. 5.1.8 The City shall work to reduce the risk of loss of life and damage to property from severe weather Other Building Blocks (actions and results) events. • Metro defines severe weather as including • "windstorms, severe winter hazards (e.g. snow, Action Measures: ice,prolonged cold), thunderstorms, tornadoes, drought,prolonged extreme heat and other weather conditions that disrupt vital regional • systems and threaten lives and property." • Weather hazards are not included in the Statewide • Land Use Planning Goal 7: Natural Hazards. • The usual predictability of these events reduces '--- (Formatted:Bullets and Numbering their risk to life because people can take precautionary measures (Metro Regional Hazard Mitigation Policy and Planning Guide). • • • • • POLICY BUILDING BLOCKS: GOAL: 2. PROTECT PEOPLE AND PROPERTY FROM NON-NATURAL HAZARDOUS OCCURRENCES. POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone): Policies: Non-natural hazardous occurrences can pose danger 5.2.1 The City shall design,construct, and coordinate the to human life and property.These events can surface transportation system to reduce the include: potential for mass casualty accidents and to provide • Mass casualty transportation accidents, the ability to evacuate when necessary. • Hazardous material releases, • Severe storms!, 5.2.2 The City shall encourage communication and - Comuieut:Move la the natural - -- - - hazards goal • Terrorism, coordination among a wide variety of agencies to ----- ---- — ----— ' -- -- ---. - - --- (Deleted:and • Epidemics, and respond to technolo4ical and man-made disasters. __- - - _ -•- - - Deleted:. • • Infestation. (1 green dot) Action Measures: Other Building Blocks (actions and results) 5.2.1 Update and maintain an inventory of locations • Design, construct, and manage the surface where hazardous materials might pose a danger to transportation system to reduce the potential for the public,including storage and transportation mass casualty accidents and to provide the ability areas. to evacuate when necessary. 5.2.2 Update and maintain the Emergency Operations • Quick response is a key to reducing casualties and Plan to ensure essential governance and public property damage from non-natural hazardous safety services are available during a disaster. occurrences. (1 green dot) 5.2.3 Continue to work with the Washington County • Medical treatment capabilities and capacity is Office of Emergency Management to educate important. citizens about disaster preparedness. • Communication and coordination among a wide 5.2.4 Continue to implement the Community Emergency • variety of agencies is a key element to respond to Response Team (CERT) Program for community human created disasters. Tigard Beyond members and City staff. Tomorrow Public Safety Goal 3, strategy#2 is to coordinate Tigard emergency response providers. 5.2.5 Encourage projects that enhance medical treatment • (3 green dots) capabilities and capacihr. • A hazard mitigation plan coordinated with a variety of other agencies including the state and federal government is essential. • It is important to inventory the locations where the hazardous materials might pose a danger to the public. This includes storage areas and transportation routes. (2 green dots) • Public education,awareness and self-sufficiency are important. • • • The key to recovery is the maintenance of • essential governance and public safety services. • • Maintain diverse, healthy, integrated systems. (2 green dots) • • • • • TIGARD 2027 City of Tigard Comprehensive Plan Resource Document A of the Tigard 2007 resource report provided a summary of community surveys and work completed by Tigard Beyond Tomorrow. The summary outlined a number of key issues and values that the community has identified and it forms a solid foundation for updating the City's Comprehensive Plan. Below is a list of community issues and values developed from Resource Document A (which can be found in its entirety at www.tigard-or.gov/2027). Please review the list as it will provide important background information when discussing goals, policies, and action measures. COMMUNITY VALUES The citizens of Tigard value the location of the community and the ease of access to travel options. The citizens of Tigard value the safe and quiet residential atmosphere of the community and the character of their neighborhoods. The citizens of Tigard value trees and natural resources and feel that protecting these resources will benefit the community. The citizens of Tigard value the public services that are provided to the community, particularly the library, parks, senior center, and police. The citizens of Tigard value pedestrian and bicycle paths in the community and support the development of a well connected network. The citizens of Tigard value access to neighborhood parks and open space within a half mile from their home. . The citizens of Tigard value access to bus service in the community. The citizens of Tigard value the community's downtown core and support investment to make improvements. The citizens of Tigard value and understand their responsibility to participate as members of • the community. 1 • • The citizens of Tigard value access to educational opportunities for citizens of all ages. The citizens of Tigard value small and local businesses that contribute to a healthy economy. COMMUNITY ISSUES The citizens,of Tigard have identified traffic congestion as the top concern in the community. The citizens of Tigard are concerned about the maintenance of community streets. The citizens of Tigard are concerned about preserving community livability by minimizing neighborhood traffic. The citizens of Tigard are concerned about population increases and the impact upon the community. The citizens of Tigard are concerned about growth and development in the community and the compatibility between new and existing development. The citizens of Tigard are concerned with the community's appearance, particularly the • downtown. The citizens of Tigard are concerned that the community's downtown is not living up to its potential. The citizens of Tigard are concerned about the impact of growth on the community's natural resources. The citizens of Tigard are concerned about the future of public services,which includes safety, schools and infrastructure. The citizens of Tigard are concerned about the lack of a recreation program and the number of parks in the community. 2 • S 3. NATURAL FEATURES AND OPEN SPACE This chapter addresses a broad range of topics all having to do with the natural resources located within the Tigard Urban Planning Area. This chapter reflects the concerns expressed in several of the Statewide Planning Goals including: Goal #3 - Agricultural Lands; Goal #4 - Forest Land; Goal #5 - Open Spaces; Scenic and Historic Areas and Natural Resources; Goal #7 - Ards sudjest is Natural Bisastcrs ar►d 4-lazarde; and Goal#8- Recreational Needs. The natural environments within the planning area offer many opportunities for a unique and healthy urban development. Those environments, when viewed as a series of 'systems rather than isolated features, will provide Tigard with those elements necessary for a healthy place in which to live, work and play. Floodplain greenways, for example, can provide the community with an excellent system of open space links between neighborhoods and services, in addition to providing a relatively inexpensive system for storm water runoff. It is to the community's benefit that consideration be given to both the opportunities and the limitations of the various environments within the planning area. The natural environments included within the planning area all have their own respective limitations with regard to urbanization. Development pressure upon lands with such limitations can have profound effects on the environment. Erosion of steep slopes caused by inappropriate development, for instance, does not occur as an isolated incident. Soil type, permeability, vegetation and drainage all play major roles in and are effected by development. Likewise, the effects of inappropriate development located within the floodplain areas could have adverse effects on properties both up and down stream from the development site. The social, cultural and economic values of such resource lands could be reduced by the effects of urban development nearby. The limitations of the various environments should be considered in reviewing new development within the planning area. The recognition of the natural environment in the planning area and the development of findings and policies which address the characteristics of the environment are extremely important elements in the Comprehensive Plan. The purpose of this chapter is to define the parameters of the various natural environments in the planning area and to identify the limitations and opportunities inherent in those environments. Additional information on this topic is available in the "Comprehensive Plan Report: Natural Features and Open Spaces." 3.1 -- - -. e• _ • • - _._. -._ . • ! WETLANDS Findings and density of development wh4ski oan. be aooemmodated on that ply (dar-rying capacity)- Combinations susta as steep slopes and unstable coils create severe development seastcaints: Excessive development in sip# pkaysioally limited areas greatly increases the potential cevcrity of scenic areas, and are valuable for open space and recreation. natural habitation of wildlife- Nonetheless; it is tee often removed and fep4aeed by 4dii4 s or �._ • - •- - - - -- - -•- --- -- - --- . _ _. _ - :fton necessary to - - •• -- -- - -- - _ _ __ - _ __ _ _ -- __ __ —E.s which arc constraints to moisture render land unstable. drainage, shallow subsurface flow on ground water and springs, and high susceptibility to erosion. -- _ -•-- _ --_ _ •• - "•-•: - - - • _ : _. - „far,because little in the way of urban development exists on land with serious problems. Increased runoff and sedimentation from poorly developed hillsides son feel-ulna insreaseQ public • Vol. II, Policy 3-1 • expenditures for flood and erosion control and storm water managoment adverse effocts such as orosion and sediment. POLICY 3.1.1 THE CITY SHALL NOT ALLOW DEVELOPMENT IN AREAS HAVING THE FOLLOWING DEVELOPMENT LIMITATIONS EXCEPT WHERE IT CAN BE SHOWN THAT ESTABLISHED AND PROVEN ENGINEERING TECHNIQUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED DEVELOPMENT. (NOTE: THIS POLICY DOES NOT APPLY TO LANDS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP.): a. AREAS MEETING THE DEFINITION OF WETLANDS UNDER CHAPTER 18.26 OF THE COMMUNITY DEVELOPMENT CODE; b. ♦ - 1 _ _.,♦ • _ . ., _As pm_ ., -. • A ; s- AREAS SUBJECT TO SLUMPING, EARTH SLIDES OR MOVEMENT; d- AREAS HAVING SLOPES IN EXCESS OF 25%; OR . . A _ . _ ,, t , e_, ■■ e, (Rev. Ord. 85-13; Ord. 84-36) IMPLEMENTATION STRATEGIES A - - -- - --- - - e-.. 'e- - - e- policy 3.1.1 of the Comprehen ive Plan. 3- The City shall cooperate with other agencies to help identify these areas. 4-. site specific seil sus and geelegia studios wh►efe potential hazards are identified based open -" _e - _-r. __•_ _•_ -e• -. _ --. When natural hazards arc identified, the City will require that special design and senstfustioh measures he taken to offset the sell and geslegis - e --- - —• - - - - --e -e •- - -- -- --. (Rev. Ord. 85 13) .F-L-GQ4DP-L-A14s4S Findings • e-ohj ve-of-he City i . _ - -- - _• -_ - _ _ -- - _ _ °:___ - • e - _. . •- Corps of Engineers, and develop policies to: •1- _e e ::•••• , - _ - -- 'e--- -•• e 'e-- - - --, Vol. II, Policy 3-2 • • and flood damage and provido erosion and siltation control. a • ., - - -., e -••- _ _ - _ _ ue small wator courses. The-.414t° on subsequent flood levels. Often, however, water courses are altered to provide more usable land. # - _ •_ - - __ - __ - .__ __ - __.- -. if thc impacts arc adverse, they can be #leers - - , • - - ' .--- - " - -- - - - . rate. • Besides thc basic need to control development in flood prone ar as, it was found that pub4is-koewledge of flood plain hazards was lacking. - - -- -- -- - - -- '_-- - - " the result of a lack of information and adequate runoff predictions about potential flooding problems.• -- -- - , 'I- - - -- -- - - - - - - - - --- levels. • Proper administration of the floodplain areas relies heavily upon the availability of adequate information upon which to access the environmental impacts of a project. The development, which create&the undue future liabilities for tho City. a -- 5 - =, • -- -.__ ,.. • _.-. • ,. -, _- "- — 'shed an area .. 7_ • The City of Tigard has been accepted as an eligible ar a for the National Flood Insurance Program, and - - --- _-_ -- - _ -•_' -:. - _ _ _--- -- - •- '___ _ =•• _ -_ . The federal program, however, requires the City to adopt an ordinance which meets certain federal standards. The City of Tigard currently 14a•s ordinances, pelieies ace standards voit#ia the Tigard Community Development Code which provide adequate controls for development within floodplain areas. two to four feet higher than the existing 100 y ar floodplain may be expected if no corrective measures are taken. • To protect the intent of the City's Creenway policy, the Creenway is defined with the came phycieal boundaries as the 100 year floodplain boundary. (Rev. Ord. 85 13) POLICIES 3,24. THE CITY SHALL PROHIBIT ANY LAND FROM ALTERATIONS OR DEVELOPMENTS IN THE 100 YEAR FLOODPLAIN WHICH WOULD RESULT IN ANY RISE IN ELEVATION OF THE 100 YEAR FLOODPLAIN. 3.2.2 THE CITY SHALL: a- - '._ ! a . • APIA A . A e6 .. , , . \ .. , , - ... A • *, . A P A e. 1 4 A E. • e.,. . •,_ _ P e- , _• - FUNCTION AND MAINTENANCE OF THE ZERO FOOT RISE FLOODWAY*; AND • 13, ALLOW 4A4 L-AN-B FORM ALTERATIONS 9R DEVELOPMENT T IN THE FLOODPLAIN* OU-T-S4.13€ THE ZERO FOOT RISE FLOODWAY* `^ PRESERVE D€ ENHANCE Vol. II, Policy 3-3 • 4- THE D .PORM ^' T oN AND/OR DEVELOPMENT IS IN AN AREA DESIGNATED COMMERCIAL Q. INDUSTRIAL ON THE OOMPREHENSIVE SATISFIED; OR T IAN FORM ALTERATION AND/OR DEVELOPMENT IS ASSOCIATED WITH COMMUNITY RECREATION I.1S€TS; UTILITIES, OR P- S SUPPORT FACILITIES AS ^CO ED IN CHAPTER 18.12 O . THE COMMUNITY BE SATISFIED. 3-2 `^�, .R- 4=ANO FORM ALTERATIONS AND ^EV O IA NT ARE ALLOWED WITHIN THE .. •. .... • . * a_ - . _ !. .. _ _ ... . • * _ r REQUIRE: a- THE S FR—EAM IQ/ CAPACITY OP THE ZERO FOOT RISE FLOODWAY* S€ MAINTAINED; BE NO DETRIMENTAL UPSTREAM OR DOWNSTREAM EFFECTS IN TAE FLOODPLAIN* AREA, ANO THAT THE CRITERIA SET F-OR-T4=1 IN THE SENSITIVE LANDS SECT-ON OF THE GO•DE HAVE : I _ - - _-_ -. _- -a ; a- A BUFFER, EITHER EXISTING OR PLANTED, ON THE COMMERCIAL OR INDUSTRIAL LAND Ag4.1-1=1-IN6 RESIDENTIAL LAND WHICH ADEQUATELY SCREENS THE IS OF SUFFICIENT WIDTH TO BE NOISE ATTENUATING;AND GI, THE OF- DEDICATION OF OPEN I=AND AREA F-OR GREENWAY Al . , , .... ♦ . * , _a . _ LA • A .. • ,. FOR THE CONSTRUCTION OF A PEDESTRIAN/BICYCLE PATHWAY WITHIN THE FLOODPLAIN* IN ACCORDANCE WITH THE ^^,.DO°- ED P E-cc-P,IA1i BICYCLE PATHWAY PLAN. • 3.2.1 THE CITY SHALL DROHIBIT DEVELOPMENT WITHIN AREAS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN ANO WETLANDS MAP. NO F-1 FEET OF THE DESIGNATED WETLANDS AREA. DEVELOPMENT ON PROPERTY ADJACENT T9 SIGNIFICANT WETLANDS SHALL S€ ALLOWED UNDER THE PLANNED 3.2.5 THE CITY SHALL REQUIRE THE CONSIDERATION OF DEDICATION OF AL-L UNDEVELOPED I=ANO THE 100 YEAR FLOODPLAIN P-WS SUFFICIENT OPEN • . ∎- _- -_--e_ _ _-ECIFICALLY IDENTIFIED FOR RECREATION WITHIN THE PLAN. * -- -- -- -- . ,-. tte - - - - - -- - -- effective February 18, 2005. • 3.3 NATURAL RESOURCES Findings • Currently, there are extensive rock and gravel extraction areas located to the north and west of Tigard's planning area within Beaverton and Washington County. (Rev. Ord. 01-07) • There is one active mineral or aggregate resource within the Tigard Planning Area, known as the Durham Pits, which is operated by Washington County. Vol. II, Policy 3-4 tt$1 TIGARD CITY COUNCIL s WORKSHOP MEETING i t OCTOBER 16,2007 6:30 p.m. TIGARD CITY FIALL f� 1 � o 13125 SW HALL BLVD ��� �' TIGARD, OR 97223 PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired healing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD-Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: r • Qualified sign language interpreters for persons with speech or hearing impairments;and. • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA—OCTOBER 16,2007 page 1 • • AGENDA TIGARD CITY COUNCIL WORKSHOP MEETING OCTOBER 16, 2007 6,:30 PM 1. WORKSHOP MEETING 1.1 Call to Order-City Council 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications &Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. JOINT MEETING WITH LOAVES AND FISHES SENIOR CENTER BOARD • Staff Report•. Administration Department 3. JOINT MEETING WITH THE BUDGET COMMITTEE • Staff Report•. Financial and Information Services Department 4. DISCUSS 2007 LEGISLATIVE SESSION AGENDA PRIORITIES • Staff Report: Administration Department 5. UPDATE ON ENHANCED CITIZEN PARTICIPATION • Staff Report: Administration Department 6. REVIEW AND DISCUSS COMPREHENSIVE PLAN UPDATE—GOAL 7—NATURAL HAZARDS • Staff Report Community Department 7. COUNCIL LIAISON REPORTS 8. NON AGENDA ITEMS COUNCIL AGENDA—OCTOBER 16,2007 page 2 i • • 9. EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If'an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from-the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192:660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10. ADJOURNMENT I:\ADM\Cathy\CCA\2007\071016 CCA.doc F COUNCIL AGENDA—OCTOBER 16,2007 page 3 • • Agenda Item No. 31 I C For Agenda of !`.) i 8.01 TIGARD' TIGARD CITY COUNCIL/LOCAL CONTRACT REVIEW BOARD Meeting Minutes October 16,2007 1. WORKSHOP MEETING 1.1 Mayor Dirksen called the meeting to order at 6:33:35 PM 1.2 Council present Name Present Absent Mayor Dirksen ✓ Councilor Buehner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 6:34:29 PM 2. JOINT MEETING WITH LOAVES AND FISHES SENIOR CENTER BOARD Loaves and Fishes Senior Center Board Members present: Bill Gerkin, Chair; Board members Myrna Boyce,Jean Haldorson, Mary Ellen Seger, Corry Stolk, Christa Topf. Also present Center Director Karen Gardner. Risk Manager Mills introduced this agenda item. A copy of the staff report is on file in the City Recorder's office. Director Gardner reviewed the activities of the last year, which was highlighted in a PowerPoint presentation; a copy is on file in the City Recorder's office. Ms. Gardner reviewed the valuable partnerships in the community. She reviewed the progress of the relocation plans for the Senior Center programs and services for the remodel project. Meals will be prepared at the Tigard American Legion on Scoffins Street. The Loaves & Fishes Tigard office will be on Burnham Street in the old Public Works Annex Building. A majority of social service programming has been relocated to several areas throughout the City. Some of the services offered have been curtailed during this time of remodeling,for example;Thanksgiving Dinner will not be offered this year. Tigard City Council Minutes October 16,2007 Page 1 • • The Center has a new activity director. The Tigard service area has the highest proportion of 60+ and 75+ seniors of any area in the County. Beginning in 2011, in the United States, a `Baby Boomer" turns 65 every 7 seconds for the following 18 years. Retirement is being redefined as it is a time for lifelong learning,re-employment,remarrying and meaningful activity. The Center is preparing for the future to offer varied services and programs for a wider age range. The City was thanked for its assistance in providing a newly remodeled facility anticipated to be ready in early 2008. In 2009 an additional meeting room and entrance downstairs will be completed if CDBG funding is available. Loaves &Fishes will raise $100,000 as a financial match for the kitchen remodel. The Steering Committee members present spoke of the benefits they receive through their volunteer work at the Senior Center. Highlights included the opportunity to volunteer, which is extremely gratified. Chair Gerkin commended the City for constructing the skate park for the young people in Tigard. The Council thanked the board members for their volunteer work. 7:02:50 PM 3. JOINT MEETING WITH THE BUDGET COMMITTEE Budget Committee member Dena Struck was present. Finance Director Sesnon presented the staff report and referred to the financial statements for the quarter ending September 30,2007. In response to a question from Councilor Buehner, Finance Director Sesnon indicated that it would be possible to make budget information more user friendly for the general public. Mayor Dirksen complimented Finance Director Sesnon on last year's budget process; the presentation style and budget presentation were clear. City Manager Prosser explained the complexities of a municipality; people tend to think of it as a simple organization,but local governments operate a wide variety of enterprises. • 7:10:51 PM There was discussion about the numbers contained in the latest financial report; property tax revenue has not yet been received and some costs have not yet been reflected. 7:12:05 PM Councilor Sherwood commented on the need for an ending fund balance which is needed for operations due to the way money is received by the City. She said the Leadership series put on by the Chamber and the City of Tigard provides citizens with an opportunity to get involved in the community. She added that if you really want to know the inside workings of the City,one should serve on the Budget Committee. Tigard City Council Minutes October 16, 2007 Page 2 • • • 7:12:56 PM Finance Director Sesnon advised that the City is currently recruiting for two open positions on the Budget Committee. Mark Haldeman and Katie Schwab have indicated they are not interested in reappointment. 7:13:32 PM Budget Committee member Struck shared her experience in her first year on the Budget Committee. She found it was very enlightening. Mayor Dirksen asked Committee Member Struck to talk about the budget process—how did it go. She said she thought it went very well. While some sessions were long, she found it to be very interesting to learn about different points of view. It was time well spent. 7:15:08 PM Councilor Buehner said this was her first time through the budget process as a member of the Budget Committee. She said she was glad she had attended previous Budget Committee meetings so it wasn't totally new. There are a lot of intricacies. Councilor Sherwood added there was a great deal of conversation and debate last session;she was pleased to see the citizen members of the Budget Committee were speaking up and participating. Mayor Dirksen said he believed the reason for the better participation was because the budget documents are so readable and understandable. Committee Member Struck said she appreciated receiving the budget materials before the meeting so she could come prepared with questions. 7:16:38 PM Finance Director Sesnon commented that the purpose of the budget process is to try to make it as transparent as possible. The Budget is a policy document that drives virtually everything the City does and the more inclusive we can make that,the better. 7:17:05 PM The City recently received the Government Finance Officer's Association Distinguished Budget Presentation Award and the Certificate of Achievement in Excellence in Financial Reporting. This is the 22nd and 21" time respectively in consecutive years that the City of Tigard has received these two awards. 7:18:37 PM • Finance Director Sesnon reported on the upcoming annual audit,which will take about two weeks. The auditors will spend about a week visiting with staff and evaluating our system of internal controls. This is used as the basis for their audit work. Staff undergoes a review of the internal controls every year. He said he finds it troubling when there are reports of embezzlement within other government agencies. The No. 1 reason why this happens is there is a lack of segregation of duties. When recently discussing Tigard's internal controls, staff determined that there is no one person who has control of the whole process; we have proper segregation of duties. In last year's management report for the audit,deficiencies were minimal and were addressed quickly. 7:22:05 PM Tigard City Council Minutes October 16, 2007 Page 3 • • City Manager Prosser thanked Finance Director Sesnon and his staff for all of their hard work. He referred to the Certificate of Achievement for Excellence in Financial Reporting,which is an award program sponsored by the Government Finance Officers Association, an international professional organization for public finance. Certain standards must be met with regard to the presentation of financial statements. City of Tigard has won this award for over two decades; this is a great track record. Of all the units of government in the United States, only about three percent win this award.The Budget Presentation Award is also a noteworthy achievement. 7:24:37 PM Mayor Dirksen said he is proud of the Finance staff; as he is of all the Tigard staff. "Congratulations on a job well done." 7:25:12 PM Finance Director Sesnon confirmed for Councilor Woodruff that the upcoming positions to be filled on the Budget Committee included two regular positions and one alternate. 7:25:25 PM Finance Director Sesnon provided an update on the Strategic Technology Plan. Staff is working towards accomplishing the objectives identified in the plan. Initiatives include revamping the Geographic Information System;he described the benefits of having this system in place. Some of the mapping will be online by the end of the fiscal year. • Finance Director Sesnon also referred to initiatives on disaster recovery, conversion of the Tidemark system,and implementation of a new financial system. 7:32:37 PM Finance Director Sesnon updated the City Council on the Budget process. In about two weeks, staff will begin the annual forecasting process to project revenues and expenditures for the next five years. In mid January, staff will begin the annual budget process. 7:34:15 PM In response to a question from Councilor Sherwood, Finance Director Sesnon advised that applications for social services grants are due the first part of February 2008. 7:34:34 PM 7:35 PM 4. DISCUSS 2007 LEGISLATIVE SESSION AGENDA PRIORITIES City Manager Prosser presented this agenda item to the City Council. The Legislature plans to have its first even-year session in February 2008. It is not known yet how this session will be conducted or the issues that will be considered;although it is anticipated that the number of issues will be limited. At the League of Oregon Cities conference a • list of issues likely to come before the legislature was distributed. City Manager Prosser reviewed the issues, which are also described in the staff report on file in the City Recorder's office. Transportation issues might not be considered until 2009; funding Tigard City Council Minutes October 16, 2007 Page 4 • for transportation is a big concern for the City of Tigard. Councilor Sherwood commented that everyone in the state has concerns about transportation issues. 7:37:22 PM City Manager Prosser advised that he and Assistant City Manager Newton meet regularly with Washington County Intergovernmental Relations Director Dennis Mulvihill. He gave guidance on what he sees coming from the legislature. The purpose tonight is to have a discussion with the City Council members to identify priorities they would like to have staff look into in more detail. The City Council could then formally adopt the legislative priorities for Tigard. Assistant City Manager Newton gave a report on upcoming legislative topics as shared by Mr. Mulvihill: o Local governments should reaffirm reasons for protecting local control to raise revenue for transportation purposes. o There is a note attached to OECDD Budget Bill, SB 5508, that requires the regional investment board staff to initiate a process for establishing a statewide • inventory for infrastructure and community facilities needs in time for the 2008 Legislative session. The Governor has indicated that infrastructure funding is a top priority. Metro is coordinating a similar effort for the region that will likely be more detailed, but is scheduled for completion in June 2008; this information will be useful for the 2009 Session. o It is likely the 2008 Session will not raise any revenue or taxes because it is an election year. Our legislative delegation should have general knowledge of the City's immediate and longer-term infrastructure issues and needs. If there is an opportunity for the City of Tigard to voice support for those in 2008, our delegation should hear about it before the May election. o Affordable Housing—The failure of the document recording fee increase to be dedicated to affordable housing was offset by what the Oregon Housing Alliance described as the most successful affordable housing session in Oregon's history. Because of the May 2008 primary election, it is unlikely that fees or taxes will be raised, but hearings might be held in the House and/or Senate Revenue Committee. Senator Burdick chairs the Senate Committee, so she needs to know of Tigard's affordable housing needs and what the City Council thinks about any bills in that area. Councilor Sherwood commented that the bill relating to the document recording fee increase went down by three votes. It was her understanding that this would be back before the legislature in February. 7:41:51 PM Councilor Buehner commented on two issues relating to transportation issues: 1.Maintenance of current roads 2. Construction of new roads to address growth She said it does not seem as if there is an understanding at the legislature regarding the specifics of these two needs. Her concern is that without this Tigard City Council Minutes October 16,2007 Page 5 understanding, how can this be sold to the public. She offered that it might be useful for us to talk to our own legislators to specifically address the issues. Councilor Sherwood noted that at the recent League of Oregon Cities conference session, Senator Metsger confirmed that they would approach transportation issues as Councilor Buchner noted. Mayor Dirksen said Senator Metsger expressed the same concern that there is a lack of understanding of the two issues. Mayor Dirksen agreed that this is something the City of Tigard needs to convey to our legislators. Councilor Woodruff commented that a major priority would be for the City to lay some groundwork in 2008 for the 2009 legislative session regarding revenue for infrastructure rather than new unfunded requirements... 7:44:43 PM Mayor Dirksen commented on issues listed in the staff report: - Office of rural policy—staff should not spend a lot of time on this issue. - County timber payment--staff should not spend a lot of time on this issue. There are other issues that the City Council has already identified and talked to our legislators about. For example, our legislators should know Tigard's position on transportation funding and the needs across the state. Mayor Dirksen asked for more information on: - Oregon Wireless Interoperability Network Report o City Manager Prosser explained this is an effort to coordinate among public agencies to share information more efficiently. More information will be prepared for the City Council - Water Storage Grant Funds o Councilor Sherwood commented that this deals more with rural areas. City Manager Prosser noted this issue is of particular interest to the City of Sherwood to help fund reservoir needs. This is something we need to track to determine if opportunities might be available for the City of Tigard as well. - Big Look Funding o The City Council has not discussed this issue and whether this should be funded. Mayor Dirksen said the City Council should schedule this for discussion. Councilor Buehner noted during her recent experience on a workgroup, there were many references to "Big Look" dealing with issues; therefore it was particularly disconcerting to her when she found out the funding had been cut for `Big Look." Mayor Dirksen said the funding needs to be put back in place and the program completed; there are a lot of outstanding issues that need to be addressed. He said when we talk to our legislators,we need to consider placing this on a list of items for which we encourage support. `Big Look"will not be a standing Tigard City Council Minutes October 16,2007 Page 6 • • committee; it's a task force to look at Oregon's current land use system and to report its findings at the 2009 Legislative Session. �. o Staff will reaffirm the charge of this group when the Council reviews and finalizes the legislatives priorities. o City Manager Prosser said the City Council might want to consider that one of the big issues in Washington County is that the population growth projections are that there will be an additional 400,000 people in the next 20-25 years. How do we accommodate this growth and address urbanization issues. Washington County is considering forming an urbanization forum, which will probably happen after the first of the year. Changes in state law might be needed to help address issues. o Mayor Dirksen advised that Metro is hosting a workshop later this month where metro area jurisdictions have been invited to review this issue. • City Manager Prosser summarized the Council discussion on priorities: • - Affordable Housing -Document recording fee - Transportation — Clarify the difference between maintenance and new construction;lay the groundwork for the 2009 session. - Infrastructure funding - Oregon Wireless Interoperability Network—need more information - Water storage grants—track - Big Look Funding—have a discussion on this and urbanization issues - Pre-emption—this is always a concern Councilor Buehner noted that Senator Metsger was not supportive of local gas tax. This will be reviewed again by the City Council at its November 6 meeting. 7:54:51 PM 5. UPDATE ON ENHANCED CITIZEN PARTICIPATION • Assistant City Manager Newton presented the staff report. She reviewed the web page • for the neighborhood in west Tigard. Postcards went to residents in the neighborhood advising of the webpage. A volunteer from the west Tigard neighborhood received some training and developed this webpage. Assistant City Manager Newton described how the various neighborhood sites would have a template and the content manager for the neighborhood would choose the information to post from the communications they receive from City Hall. Examples of information that would be sent press releases and postings from the City's webpage. People who view the website can make comments on the content. The focus of the neighborhood program is to empower people at the local level to get information and address issues using existing programs and activities. Tigard City Council Minutes October 16,2007 Page 7 After the first of the year,a page of the Cityscape will be devoted to the neighborhoods to accommodate those who do not have access to the Internet. Staff is working with the schools so newsletters/flyers could be distributed on a regular basis. Also in early 2008, there will be a location on the City's website that generally discusses the neighborhoods describing the program with links to neighborhood web pages. 7:59:43 PM Staff is looking for more volunteers for this program. Assistant City Manager Newton said she is working through the schools and information will be placed in the Cityscape describing the needs for content managers. 8:00:34 PM Assistant City Manager Newton reviewed the Neighborhood Program structure. Staff is working with the Committee for Citizen Involvement (CCI) on this program. The CCI is the group that monitors citizen involvement. The CCI will be the group charged with making sure the program is working. At each CCI meeting there will be an opportunity for people from the neighborhoods to talk about elements or activities that are not working. CCI would then work with staff to make adjustments. 8:01:48 PM Assistant City Manager Newton said the neighborhood will need to have a planning • meeting to talk about the kinds of events they will host; i.e., neighborhood • beautification, community building activities,weigh-in on capital improvement program process, etc. Staff envisions the neighborhoods would have an annual gathering to discuss what they plan to do as a neighborhood in the coming year. She said there would be a steering committee to represent the different interests in the neighborhoods; i.e., school liaison,web content administrator,Community Emergency Response Team (CERT),Neighborhood Watch,land use facilitator,etc. 8:04:06 PM Assistant City Manager Newton said it was hoped that a neighborhood representative would have an opportunity to comment on land use matters to convey what had • transpired at the neighborhood meeting. 8:04:47 PM Assistant City Manager Newton noted that Citizen Comment Cards are available at City meetings and in public buildings. Comments are being received. 8:05:07 PM Assistant City Manager Newton noted training for Boards and Committee liaisons and chairs. One training session for the liaisons has been conducted with another scheduled in November (chairs will be invited, too). The training will be designed to offer strategies for the liaisons and chairs to help the group stay "on task" and encourage participation. Tigard City Council Minutes • October 16, 2007 Page 8 • • 8:06:51 PM Councilor Woodruff noted the City Council looks forward to receiving feedback every other year from advisory groups about the City Council. He thanked the CCI for their work. 8:07:36 PM 6. REVIEW AND DISCUSS COMPREHENSIVE PLAN UPDATE — GOAL 7 — NATURAL HAZARDS Mayor Dirksen advised citizens would be allowed to comment on this agenda item. Council meeting recessed: 8:08:40 PM Council meeting reconvened: 8:15:04 PM Assistant Planner Daniels presented the staff report; a copy is on file in the City Recorder's office. • • The Planning Commission reviewed this chapter and its recommendations are contained in the staff report. Assistant Planner Daniels advised that the new Hazards chapter will provide Tigard with a better foundation upon which to prepare ordinances, development standards, programs, and intergovernmental agreements necessary to prevent and mitigate the effects of natural and human-created disasters. By adopting the new chapter, the City signals that it is committed to protecting people and property from hazardous occurrences. 8:20:09 PM Councilor Woodruff commented that the report was comprehensive and was glad to see acknowledgement of hazards that aren't classified as "natural hazards." There was • discussion about the state's listing referring only to natural hazards. Assistant Planner Daniels noted that Goal 7.2 identifies hazards other than"natural hazards." • 8:21:37 PM Councilor Woodruff referred to the record memorializing the spirited discussion on the Planning Commission and the response to input from citizens. Assistant Planner Daniels confirmed for Councilor Woodruff that the changes made during the Planning Commission review are accurately reflected; largely these were changes to clarify wording. She reviewed the issues that came up during the citizen review regarding the floodplain. Currently, the City relies upon FEMA and the US Army Corps of Engineers to map the 100-year floodplain; there was concern by a citizen that all streams in Tigard be included for protection from a flood event. There is a FEMA process to delineate specific wetlands; Clean Water Services submitted 100-year floodplain updates in March 2006. Flood insurance rate maps are being updated. Additional data is also anticipated to update the 100-year floodplain. The floodplain will be defined more accurately. • • Tigard City Council Minutes October 16,2007 Page 9 8:24:07 PM Councilor Buchner noted her interest in the floodplain issue and referred to flooding in 1996. At the time she lived in a neighborhood where they were attempting to modify the floodplain more significantly than FEMA was willing to do. It is important that we "stay on top of this" in our Comprehensive Plan since FEMA is often behind in addressing important issues. 8:25:03 PM Long Range Planning Manager Bunch advised that part of the FEMA process includes the information and data from local jurisdictions. It would be unwise to adopt a local program that might conflict with the Federal Insurance Flood Program. 8:26:14 PM Councilor Buehner said that in looking at the map and referring to the location where she used to live, they did not prevail in getting the floodplain moved as far as it needed to be; those people are at risk. She advised this area is not inside the City. Long Range Planning Manager Bunch said staff will coordinate with Clean Water Services and their efforts to monitor and update the flood ordinance and the floodplain maps. 8:26:54 PM Councilor Sherwood commented that she was astonished to find out that more than 30 percent of all of the land in Tigard is vulnerable to wildfire. This concerned her given that there are a lot of open areas that are not mowed and regularly dry up in the summer. Mayor Dirksen noted we do have a noxious vegetation ordinance to help address this. • 8:28:06 PM Councilor Buehner asked Long Range Planning Manager Bunch to provide any additional information he might have regarding how to address the flooding issues before the City Council hearing on this matter. 8:28:34 PM Mayor Dirksen referred to the minutes of the Planning Commission meeting where the issues were discussed. He appreciated that adjustments were made based on the comments at that meeting. He said he concurred with the comments where the wording was adjusted or vindicated. He noted appreciation for the work done by • Commission and the citizen participants. 8:29:33 PM Councilor Woodruff asked the City Manager how this chapter would hold up for a man-made hazard and referenced the regional emergency exercise held today depicting a terrorist-threat scenario. City Manager Prosser said this chapter will be helpful for natural disasters — the mapping will be useful for preparing for floods and disasters. Today's exercise would require a different type of a response plan,which looks at how to allocate resources and set priorities. Councilor Woodruff commented that the policies in this chapter appear to be applicable;i.e., coordinating surface transportation and communication coordination between agencies. City Manager Prosser noted that during today's exercise emergency staff worked on plans to address public facility • Tigard City Council Minutes October 16,2007 Page 10 • • security and discovered areas where improvement is needed. An after-action report will be prepared and reviewed. Councilor Woodruff suggested this report be reviewed and compared with the proposals contained in this chapter. 8:32:51 PM Assistant Planner Daniels advised staff met with the City's emergency coordinator, Mike Lueck. The Policy Interest Team discussed communication and coordination. 8:33:15 PM Councilor Buehner noted during flooding that the storm water runoff systems don't work. She suggested the back up of the storm water should also be addressed. 8:33:56 PM Long Range Planning Manager Bunch agreed the storm water system is an important issue. He said this could be addressed in the public facilities plan as well as this chapter. Some of the storm water systems have been undersized, which contributes to the localized flooding. 8:34:53 PM Councilor Buehner referred to the Rockingham neighborhood that has been flooded almost every year and referred to the Hillshire development above this area. She suggested staff look into this issue. 8:35:22 PM Assistant Planner Daniels referred to the section on "hazards response." This will also be addressed in public safety. Policy interest team comments will be included in public safety. 8:36:03 PM Mayor Dirksen asked if this language was reviewed by the City Attorney. Long Range Planning Manager Bunch advised the language will be reviewed by the attorney. 8:37:18 PM Councilor Sherwood noted people's interest in a parks and a recreation district. The Comprehensive Plan needs to be finished first and the staff focus must be on this now. Mayor Dirksen noted that the City is accomplishing a lot of other things; multiple programs are going on at the same time. The Comprehensive Plan and Downtown are now the primary focus. 7. COUNCIL LIAISON REPORTS: None 8. NON AGENDA ITEMS: None 9. EXECUTIVE SESSION: Not held Tigard City Council Minutes October 16, 2007 Page 11 1111 • 10. ADJOURNMENT 8:38:24 PM Motion by Councilor Sherwood,seconded by Councilor Woodruff,to adjourn. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buchner Yes Councilor Sherwood Yes Councilor Woodruff Yes O6/ .piu CIL (.fit-P atherine Wheatley, City Recorder Attest: / Mayor, ity of Tigard r� Date: ' / e. Q / I:\ADM\Cathy\CCM\2007\071016 ftr.doc - Tigard City Council Minutes October 16, 2007 Page 12 �i • • - Agenda Item # 6 Meeting Date October 16,2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard,Oregon Issue/Agenda Title Workshop for Comprehensive Plan Amendment CPA2007-00002 (Hazards) Prepared By: Manssa Daniels Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Review and discuss with staff proposed Comprehensive Plan goals,policies,and recommended action measures recommended by the Planning Commission at their September 17,2007 public hearing CPA2007-00002 (Hazards). STAFF RECOMMENDATION Council is requested to become familiar with the Commission's recommendation to adopt Comprehensive Plan goals, policies,and recommended action measures pertaining to hazards,and identify any additional material or information to assist in making its decision at a public hearing scheduled for November 27,2007. KEY FACTS AND INFORMATION SUMMARY The proposed Natural Hazards Comprehensive Plan Chapter comes from Council's direction to complete a full update of the Tigard Comprehensive Plan. The new Natural Hazards Chapter results from an extensive inventory and fact-finding process,which resulted in completion of the Tigard 2007 Resource Report that detailed current community conditions and future trends. In addition,relevant findings from past citizen surveys and Tigard 2020 Vision Reports were considered. This was done to incorporate the expressed values and attitudes of the hundreds of Tigard citizens that participated in these efforts. Council's direction to update the Comprehensive Plan also stressed the importance of involving citizens. Staff has done this through work with a Natural Hazards Policy Interest Team that met numerous times. Through consideration of the above technical information and previously expressed citizen values and attitudes, the Policy Interest Team and staff arrived at proposed Hazards goals,policies, and action measures: Subsequently, the Planning Commission held a public workshop on the chapter followed by a Public Hearing. The Commission recommended that Council adopt the updated Hazards Chapter (CPA2007-00002). At the hearing the Commission made some minor changes to the original proposal which are summarized in staff's attached memorandum (Exhibit A) Like all of the new Plan chapters, it is important that the Hazards Chapter be technically sound. Therefore, during its development,Depaittnent Review Teams were involved to determine its technical accuracy and conformance with applicable laws and rules. In addition, the Chapter was sent to state,federal, and regional agencies for review. It is intended that the new Hazards Chapter provide Tigard with a much better foundation on which to prepare ordinances, development standards, programs,and intergovernmental agreements necessary to prevent and mitigate the effects of natural and human-caused hazards. Furthermore,many regional,state,and federal agencies make I:\LRPLN\Council Materials\2007\10-16-07 CC Workshop CPA 2007-00002 AIS.doc • • rules and laws pertaining to hazards. By adopting the new Comprehensive Plan chapter, the City signals that it commits to protecting public safety. Oregon Department of Land Conservation and Development Commission (DLCD) requires jurisdictions to periodically update their comprehensive plans to reflect the most current information, federal and state policy pertaining to Hazards. The proposed Plan chapter is a significant change from that currently in the Comprehensive Plan,which is limited in scope and out of date. The existing chapter addresses hazards associated primarily with flooding and hillside development. Over the past twenty years concerns have developed regarding earthquakes, extensive flooding, landslides, and wildfires. Finally, human-caused hazards have grown in their potential to cause harm to life and property. This includes the potential for mass casualties from hazardous waste discharges, spills, and unfortunately, terrorism. In response to these changes, the federal and state governments and the region have embarked on hazard prevention, mitigation, and emergency response planning that was not present two decades ago when the current plan was prepared. In response, the new chapter emphasizes the need to prepare, plan and respond to hazard events. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Goal 1: Comprehensive Plan A. Updating the blueprint for the City B. Public input ATTACHMENT LIST Exhibit A: Memo to Council dated October 1, 2007 Exhibit B: Proposed Language for CPA2007-00002 Exhibit C: Current Comprehensive Plan Language Exhibit D: Planning Commission Meeting Minutes —September 17, 2007 FISCAL NOTES N/A I:\LRPLN\Council Materials\2007\10-16-07 CC Workshop CPA 2007-00002 AIS.doc 2 A • • Exhibit A ii MEMORANDUM T I GARD TO: Mayor Craig Dirkson and Members of City Council FROM: Marissa Daniels, Assistant Planner RE: Council Workshop - CPA2007-00002 DATE: Ocober 1, 2007 At the October 16th City Council meeting, staff will present the proposed goals, policies, and recommended action measures (see the end of this memo for definitions and obligations) for the Hazards (Statewide Planning Goal 7) chapter of the updated Comprehensive Plan. The proposed language was approved and recommended by the Planning Commission at the September 17th public hearing. Staff will discuss the proposed language, answer questions, and provide any requested information that will help assist Council in making its decision at the November 27th public hearing. Throughout the process of working with citizens, City departments, and the Planning Commission, staff has stressed that proposed Comprehensive Plan language must be capable of being implemented and in the interest of the whole community. Staff has worked closely with citizen stakeholders to explain the implications of certain policy recommendations. Most of the time, the process has achieved a consensus outcome. In staff's role as facilitators, we presented the best professional advice possible to all involved. Sometimes this professional advice was contrary to the wishes of the citizens, but staff has not unilaterally changed or removed citizen recommendations. It is the role of the Planning Commission to recommend, and the City Council to determine, City policy. The general discussion by the Planning Commission on the Hazards chapter and the major principles included was as follows: Hazards Chapter(Statewide Planning Goal 7) The key principles included in this chapter revolve around the four state identified hazards, which apply to Tigard: earthquakes, landslides, floods, and wildfire. The citizens also realized the importance of including hazards which are not called out in Statewide Planning Goal 7, for example, severe weather events and man-made hazards. • I:\IRPLN\Council Materials\2007\t0-1607 CC Workshop CPA 2007-00002 ExhibitA.doc 1 • • The Planning Commission engaged in a long and thoughtful deliberation on a few policies and recommended action measures. To clarify the language in both Policy 7.1.1 (Natural Hazards) and Policy 3.1.1 (Natural Features and Open Space), the Planning Commission recommended clarifying that the burden of proof is on the developer to show that generally accepted engineering techniques are able to make an area susceptible to hazards suitable for a proposed development. In Policy 7.1.2 the Planning Commission debated the words "promote" and "when appropriate" in reference to the use of non-structural approaches to hazard mitigation. The Planning Commission eventually reached a consensus to strengthen the Policy to read that the City will favor the use of non-structural approaches to hazard mitigation. "When appropriate" was originally added to the policy language in response to comment by the Oregon Department of Geology and Mineral Industries that non-structural approaches are not appropriate for all types of hazards. For example, earthquake hazards really require structural approaches to mitigation. In response to the public testimony, the Planning Commission briefly discussed amending the 100- year floodplain definition. Currently the City relies upon FEMA and the US Army Corps of Engineers to map the 100-year floodplain. It was brought to the attention of the Planning Commission that currently some of Tigard's small perennial streams are not included in the FEMA 100-year floodplain maps. This issue is part of the reason Commissioner Vermilyea voted against the motion, and Commissioner Caffall abstained from voting on the motion to recommend approval by City Council of the staff report for CPA 2007-00002 (Hazards). It is the opinion of staff that this issue is best represented as a map change and not a definition change. There is a FEMA process to delineate specific wetlands and amend the 100-year floodplain map; however, Clean Water Services just submitted 100-year floodplain updates to FEMA in March of 2006. Staff recommends deferring to the expertise of Clean Water Services in delineating the 100- year floodplain boundary. In summary, the following language changes were recommended by the Commission: 1. Goal 1, Policy 1,would read: 1. The City shall not allow development in areas having the following development limitations except where • . - -- . -- . . . - . . -- the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development: A. Areas having a severe soil erosion potential; B. Areas subject to slumping, earth slides, or movement; C. Areas having slopes in excess of 25%; or D. Areas having severe weak foundation soils. 2. Goal 1, Policy 2 would read: 2. The City shall premote favor the use of non-structural approaches to hazard mitigation. 3. In order to keep the updated policies in line with the portions of Chapter 3 which have yet to be updated, the Planning Commission recommended amending Policy 3.1.1 of the current Comprehensive Plan (Attachment C) to read: 3.1.1 The City shall not allow development in areas having the following development limitations except wher- ' - • - . . - - .. : . - . : : -- the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the 1:\LRPLN\Council Materials\2007\10-16-07 CC Workshop CPA 2007-00002 ExhibitA doc 2 • • • area suitable for the proposed development The rest (A) would be the same (B, C, D, and E will be stricken and replaced with Goal 1, Policy 1 in the updated Comp Plan). The Natural Resources Policy Interest Team will revisit this policy as they look specifically at wetlands. Definitions and Obligations of Goals, Policies, and Recommended Action Measures Tigard Comprehensive Plan Comprehensive Plan goals, policies, and recommended action measures have different definitions and impart different obligations to decision makers. They also relate differently to one another. The following describes goals,policies,and recommended action measures in greater detail. Goals, policies and recommended action measures identify the intent of the City to accomplish certain results. The goals and policies relate to one another and are obligations the City wishes to assume. Recommended action measures support the obligations to achieve a desired end,but do not signify an obligation themselves. Goal Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation -The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Policy Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position with regard to implementing goals; however, they are not the only actions the City can take to accomplish goals. Obligation - The City must follow relevant policy statements when amending the Comprehensive Plan, or developing other plans or ordinances which affect land use. To amend the Comprehensive Plan, the City must show consistency with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures Definition -A statement which outlines a specific City project or standard which, if executed,would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability,etc. The City should periodically review and prioritize recommended action measures based on current circumstances, community needs, and the City's goal and policy obligations. These statements are 1:\LRPLN\found Materi21s\2007\10-16-07 CC Workshop CPA 2007-00002 ExhibitA.doc 3 • • t,r suggestions to future City decision-makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to, or amended, as conditions warrant. • I:\LRPLN\Council Materials\2007\10-16-07 CC Workshop CPA 2007-00002 ExhibitA.dos 4 i • ' Exhibit B• it t� e ' •• 5 �r t. t • + yam i '1. '"'�r -4 ' .r+' t F `.y 1" r`rr�y'lR�. t t y-4 _(i�.I�`'.�r'" d` .d"''� ' ' .r ,..el `w`zs y +� . .aye _' k.. .''''''j 4.3:t``,�, a; .i"t + ,•.,..,,-- ui, .`v�^j•v #jSi� & yx . #'� S : 'rr ; ,.':�;v. 5 rr. :N :.� sue � .*.3 µ g-'fix '1 ,,,i„i ,4,-7k �.. a .. a. �` .' `+.. a. '. GNU•i - V . ¢ C ' - N S ,,t a*; w !. r �Y .i'2_ "{ " 4 ; S. err. �'{,C [' '4 + 4*e...,. -1 VAS j '.j�..,, �S'A _i, ' �.4: f ` .4*"., .1,1 .�tF 7 �TSF 1�' 4 '�'i t` y_.-...---- 3 Z ?r,..- J' d }5 y 11,1 1 _ �', ,L > Jr Y ..3.'� +�v i�+ l'YG�-}CMS .' .J; i. � �� "•`, SY ..t ^tih • Hazards • `To protect people and property from natural • hazards. " ! ! 4111jIllr' ' ' • • atural features provide a community with valuable resources but,under certain conditions, these resources may also present a hazard. For example,rivers and creeks are important for storm water conveyance, wildlife habitat, and water quality. However, these resources can quickly threaten property and people unless careful planning has documented flooding risk and adequate precautions are taken. The City's commitment to protect people and property from hazards is based on Oregon Statewide Planning Goal 7. Goal 7 lists six hazard categories to be addressed by comprehensive plans. Four of these apply to the City of Tigard: wildfire,landslides, flooding, and earthquakes. In addition, the City is also vulnerable to harm from severe weather and man- made hazards. GOAL 7: MIEMM zards "To protect plople and property from natural hazards." Tigard's citizens value a safe community where natural resources are protected and there is minimal danger from both natural and man-made hazards. Tigard residents value the importance of natural systems in protecting the community from hazards,and additionally recognize that although landslides,earthquakes, wildfires and floods occur naturally, the effects of these events are often made worse by human activities. Hazards can have a significant negative impact on a community's quality of life. It is important for the Comprehensive Plan to provide policy direction on how the City will manage hazardous conditions and events. Land use planning,devel- opment regulation and emergency management play key roles in assessing and reducing the risk to people and property from hazards. It is important for local governments to have an understanding of underlying natural conditions and , past event history to develop hazard mitigation and prevention programs. EARTHQUAKES Because hazards, such as earthquake faults and floodplains, extend across jurisdictional boundaries,it is essential to coordinate planning and emergency response services regionwide and with the state and federal governments. For example, due to the scale and complexity of earthquakes,Tigard coordinates with the Oregon Department of Geology and Mineral Industries (DOGAMI). In addition to DOGAMI,Tigard coordinates with Metro,Washington County, and other jurisdictions to mitigate the risk associated with an earthquake. To Comprehensive Plan I City of Tigard 7-1 • 4) HAZARDS minimize loss of life and property from earthquakes,the City requires all new commercial,industrial,and multifamily structures to conform to Oregon Structural Specialty Code requirements,while single-family construction must conform to the Oregon One and Two Dwelling Specialty Code for seismic category Dl. WILDFIRE In Tigard,wildfire is characterized by the Urban Interface Zone, or the urban- rural fringe where homes and other structures are built onto a densely forested or natural landscape. The Oregon Department of Forestry implements the Oregon Forest land- Hazards Urban Interface Fire Program,which is expected : can have a to be fully implemented by 2011,in order to protect interface communities in Oregon from significant wildfire. The City of Tigard works with Tualatin Valley Fire and Rescue (TVF&R) to mitigate the negative effects of wildfire. TVF&R is responsible for • impact On a all fire prevention and education, and has the opportunity to comment on all development corn inun'Zty's applications. TVF&R also maps the urban inter- face zone in Tigard. The Oregon Department quality of of Environmental Quality (DEQ) controls both backyard and agricultural burning in Oregon; ZZfe• however,Tigard is within the DEQ permanent burn-ban area in an effort to reduce the risk of wildfire as a result of backyard burning. LANDSLIDES • People and property are best protected from landslide when building struc- tures and roads are not built within areas prone to mass movement. Although landslides are a natural geologic process, the incidence of landslides and their impacts on people can be exacerbated by human activities. Such human activities include grading for road construction and development, excavation, drainage and groundwater alterations,and changes in vegetation. The City uses steep slopes to define sensitive lands in the Community Development Code and has special requirements for development in these areas. When LIDAR infor- mation is available the City will evaluate the effectiveness of this approach to identifying landslide hazards and limiting their impact on the community.Also, 7-2 City of Tigard I Comprehensive Plan • • nity. The effects of landslides are often more widespread than the physical area they inhabit, as landslides can affect utility services, transportation systems, and critical lifelines. FLOODING Floods are influenced by a number of factors,including the amount and inten- sity of precipitation,geography and geology, and development activity. The City of Tigard cannot control precipitation or the community's soil In Tigard, type but can control development activity which contributes to, and is affected by, flooding. The wildfire 1S City coordinates with several agencies to mitigate the risk of flooding. The FEMA designated characterized ized floodplain is used to administer the national flood by the Urban insurance program (NFIP). The floodplain serves as the FEMA flood hazard regulatory area. Within Interface ce this area, development activities are regulated to minimize impacts on floodwater flows and Zone. storage areas to reduce impacts from flood events. -. - Oregon state law regulates development within the 100-year floodplain and Tigard complies through adoption of Metro's Urban Growth Management Functional Plan, Title 3. The Sensitive Lands chapter of the Tigard Community Development Code implements Tide 3 through the Clean Water Services' Design and Construction Standards. Floods can have a devastating impact on almost every aspect of the community, including private property damage,public infrastructure damage, and economics t• loss from business interruption. The City has been proactive in mitigating flood hazards by purchasing floodplain property. These areas,if left undisturbed,can ' act to store excess floodwater. The Oregon Division of State Lands (DSL), jointly with the U.S. Army Corps of Engineers, requires a permit for develop- ment within the waters of the United States. Any disturbance to a water body and its associated floodplain is covered through this process. OTHER HAZARDS Tigard is also at risk of non-natural or man-made hazards. Although statewide planning goal 7 addresses natural hazards, other hazards are included in this Comprehensive Plan I City of Tigard 7-3 • • COHAZARDS chapter as the community is concerned about protection from non-natural hazards as well as natural hazards. Other hazards addressed by this section may include mass casualty transportation accidents, hazardous material releases, severe storms, terrorism, epidemics, and infestation. Tigard coordinates planning for non-natural hazardous occurrences with other jurisdictions and agencies from around the state. KEY FINDINGS • The Cascadia Subduction Zone could potentially cause a 9+ magnitude earthquake, affecting Tigard. • Tigard is subject to more frequent shallow earthquakes (crustal fault earthquakes). These events typically do not exceed magnitude 4, but could r go up to magnitude 7. • According to DOGAMI's relative earthquake hazard data, fifty-eight percent of the City is subject to the greatest earthquake hazard level, Floods are with an additional 21% falling into the next , hazard level. These areas include developed Oregon s • residential and commercial areas, as well as the most Washington Square Regional Center. • Wood-frame homes tend to withstand frequently earthquakes better than unreinforced brick buildings. occurring • The City of Tigard requires all new commercial,industrial, and multifamily natllYal it structures to conform to Oregon Structural disaster. Specialty Code requirements,while single- t' family construction must conform to the Oregon One and Two Family Dwelling Specialty Code for Seismic Category Dl. • The increasing number of homes being built in the urban interface zone is increasing the threat of wildfire in Tigard. More than 30% of all land in Tigard is vulnerable to wildfire. • Tigard is within the Oregon Department of Environmental Quality's permanent burn ban area, so backyard burning is not allowed anywhere within Tigard. • The most common type of landslide in Washington County is caused by erosion. • Landslides within Tigard have historically not caused major property damage. However in other parts of the Portland metropolitan region they have caused considerable damage. 7-4 City of Tigard I Comprehensive Plan • . Ay' • It is estimated about 3% of the City's land, or 286 acres,is vulnerable to landslides. • Human activities such as deforestation, stream alteration,and urban development within the Tualatin basin have significantly altered the hydrology of the watershed. This has resulted in increased water runoff and greater potential for flooding. • Floods are Oregon's most frequently occurring natural disaster. • The 100-year floodplain includes six streams and 7.9% of all land area in Tigard. • As of June 2006,Tigard owns 34% of the 100-year floodplain. • Tigard residents are concerned about the effects of all other hazards on the community. GOAL r 7.1 Protect people and property from flood,landslide, earthquake,wildfire, and severe weather hazards. POLICIES 1. The City shall not allow development in areas having the following development limitations except where the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development: A. Areas having a severe soil erosion potential; B. Areas subject to slumping, earth slides, or movement; C. Areas having slopes in excess of 25%; or D. Areas having severe weak foundation soils. 2. The City shall favor the use of non-structural approaches to hazard mitigation. 3. The City shall coordinate land use and public facility planning with public safety providers (law enforcement, fire safety,and emergency service providers) to ensure their capability to respond to hazard events. 4. The City shall design and construct public facilities to withstand hazardous events with a priority on hazard protection of public services Comprehensive Plan I City of Tigard 7-5 c1 • HAZARDS and facilities that are needed to provide emergency response services. 5. The City shall apply and enforce the most current building code standards to protect the built environment from natural disasters and other hazards. 6. The City shall enforce standards requiring the creation and maintenance of defensible space around habitable structures located in wildfire hazard areas. 7. The City shall comply with the Federal Emergency Management Agency (FEMA) flood regulations,which include standards for base flood levels, flood proofing, and minimum finished floor elevations. f 8. The City shall prohibit any land form alterations or developments in the 100-year floodplain which would result in any rise in elevation of the 100-year floodplain. 9. The City shall not allow land form alterations or development within the 100-year floodplain outside the zero-foot rise floodway unless: A. The streamflow capacity of the zero-foot rise floodway is maintained, and B. Engineered drawings and/or documentation shows there will be no detrimental upstream or downstream effects in the floodplain area. 10. The City shall work with Clean Water Services to protect natural drainageways and wetlands as valuable water retention areas and,where possible, find ways to restore and enhance these areas. 11. The City shall comply with Metro Title 3 Functional Plan requirements for balanced fill and removal in the floodplain. 12. The City shall minimize impervious surfaces to reduce storm water runoff. 13. The City shall retain and restore existing vegetation with non-invasive species in areas with landslide potential to the greatest extent possible. 14. The City shall work to reduce the risk of loss of life and damage to property from severe weather events. 7-6 City of Tigard I Comprehensive Plan • • 4,,Y —7 1 RECOMMENDED ACTION MEASURES i. Place land acquisition priorities on high hazard areas to be used for recreation or open space purposes. u. Update and maintain accurate information regarding natural hazard risks and past events. iii. Publicize and maintain maps of high The hazard areas. iv. Address planning for the protection of incidence of public facilities and services from hazards landslides in the Tigard Public Facilities Plan and and their Community Investment Plan. v Retrofit existing public facilities and Z 1r1 pacts on services to contemporary standards to people can be better withstand natural disasters and exacerbated hazardous occurrences. vi. Recognize some existing buildings by human have not been built to contemporary activates. building code standards and seek ways to encourage their retrofit to modern codes. vii. Design and Implement a natural hazards home inspection program. viii.Update and maintain a list of essential and critical facilities to be used in hazards planning. ix. Work with Tualatin Valley Fire and Rescue Community Safety Program to provide information and education about urban interface wildfire to ' Tigard citizens. x. Adopt the Tualatin Valley Fire and Rescue Wildfire Hazard Map and implement the Wildfire Hazard Mitigation section of the Oregon Residential Specialty Code. xi. Provide information and access to resources for property owners who wish to assess the ability of their buildings to withstand natural hazards. Comprehensive Plan I City of Tigard 7-7 • • arli HAZARDS' xii. Continue to maintain eligibility for the National Flood Insurance Program. xiii.Research and implement standards to ensure only appropriate land uses are allowed in high hazard areas. xiv. Complete the Tigard Natural Hazards Addendum to the Washington County Natural Hazards Mitigation Plan and include risk assessments and mitigation action items. GOAL 7.2 Protect people and property from non-natural hazardous occurrences. POLICIES 1. The City shall design, construct, and coordinate the surface transportation system to reduce the potential for mass casualty accidents and to provide the ability to evacuate when necessary. 2. The City shall encourage communication and coordination among a wide variety of agencies to respond to technological and man-made disasters. RECOMMENDED ACTION MEASURES i. Keep a current inventory of locations where hazardous materials might pose a danger to the public, including storage and transportation areas. ii. Update and maintain the Tigard Emergency Operations Plan to ensure essential governance and public safety services are available during a disaster. iii. Continue to work with the Washington County Office of Emergency Management to: A. Coordinate emergency preparedness education for Tigard residents, 153021/4.1'CZ Veg47 7-8 City of Tigard I Comprehensive P • • • B. Provide ongoing responder training and exercises, C. Coordinate regionwide hazards response,and D. Provide hazards information and resources countywide. iv. Continue to implement the Community Emergency Response Team (CERT) Program for community members and City staff. v. Encourage projects that enhance medical treatment capabilities and capacity. ■ Comprehensive Plan I City of Tigard 7-9 Exhibit C • • 3. NATURAL FEATURES AND OPEN SPACE This chapter addresses a broad range of topics all having to do with the natural resources located within the Tigard Urban Planning Area. This chapter reflects the concerns expressed in several of the Statewide Planning Goals including: Goal #3 - Agricultural Lands; Goal #4 - Forest Land; Goal #5 - Open Spaces; Scenic and Historic Areas and Natural Resources; Goal #7 - Areas subject to Natural Disasters and Hazards;and Goal#8- Recreational Needs. The natural environments within the planning area offer many opportunities for a unique and healthy urban development. Those environments, when viewed as a series of systems rather than isolated features, will provide Tigard with those elements necessary for a healthy place in which to live, work and play. Floodplain greenways, for example, can provide the community with an excellent system of open space links between neighborhoods and services, in addition to providing a relatively inexpensive system for storm water runoff. It is to the community's benefit that consideration be given to both the opportunities and the limitations of the various environments within the planning area. The natural environments included within the planning area all have their own respective limitations with regard to urbanization. Development pressure upon lands with such limitations can have profound effects on the environment. Erosion of steep slopes caused by inappropriate development,for instance, does not occur as an isolated incident. Soil type, permeability, vegetation and drainage all play major roles in and are effected by development. Likewise, the effects of inappropriate development located within the floodplain areas could have adverse effects on properties both up and down stream from the development site. The social, cultural and economic values of such resource lands could be reduced by the effects of urban development nearby. The limitations of the various environments should be considered in reviewing new development within the planning area. The recognition of the natural environment in the planning area and the development of findings and policies which address the characteristics of the environment are extremely important elements in the Comprehensive Plan. The purpose of this chapter is to define the parameters of the various natural environments in the planning area and to identify the limitations and opportunities inherent in those environments. Additional information on this topic is available in the "Comprehensive Plan Report: Natural Features and Open Spaces." 3.1 - - - - • • e. -, • - _ . - ._ .9- . . . WETLANDS Findings • and density of development which can be accommodated OR that property (carrying capacity), Combinations such as steep slopes and unstable soils create severe development oonstraints: € sessive development in such physically limited areas greatly increases the potential severity of • • natural habitation of wildlife. Nonetheless, it is too often removed and replaced by buildings OF impervious-surfaces. • • 0.- •: : - •. . z - • • . •- . .. . .•- .•. : •- - • - development- -- - - • - - - .- ... -. . • - - °' : - - Increased runoff and sedimentation from poorly developed hillsides can require increased public Vol. II, Policy 3-1 • • ••• - ' -- -• _ - - - - • -• - •- • • • •- - . • -- .: POLICY 3.1.1 THE CITY SHALL NOT ALLOW DEVELOPMENT IN AREAS HAVING THE FOLLOWING DEVELOPMENT LIMITATIONS EXCEPT WHERE IT CAN BE SHOWN THAT ESTABLISHED AND PROVEN ENGINEERING TECHNIQUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED DEVELOPMENT. (NOTE: THIS POLICY DOES NOT APPLY TO LANDS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP.): a. AREAS MEETING THE DEFINITION OF WETLANDS UNDER CHAPTER 18.26 OF THE COMMUNITY DEVELOPMENT CODE; • . _ . , _ . _ _ e 'e_ e, .0 . ; e- . _ _ _ • • a _ . 0. 0. _• -. (Rev. Ord. 85-13; Ord. 84-36) •4- ° - - - - - - - . - '• '- ° - -• : . . • -. :.• _• site specific soil saweys and geologic studies where potential hazards are identified based upon special design considerations and contraction measures be taken to offset' the soil and geologic - - - --- - • - •- - e. -- --- -- - ---- e.. (Rev.Ord. 85 13) 3.2 FLOODPLAINS - Pindings 4, = -- •- - _ • •= '---- - t 2:: - - - , Vol. II, Policy 3-2 f • • prepeand • • .• • • - •--: : : -. . • : • - - . = . 2 e, peed-IeveI6•• - -- . e _ - - , - - - • - •- -• . If flooding occurs- ' - - •, - - - _ - - - - rate. levels •• • • - ' -- -- - - -: - - -- - - • --- _ " '--- . .•_ Tho edeTal • The City of Tigard currently has ordinancec, policies and Standards within the Tigard Community•• -- - et - '0-• - - e:. • • • - --•- are-taken, • •:- !! '= -- • • • (Rev-.-Ord,-85-1,3) POLICIES 100 YEAR FLOODRLAIN WHICH WOULD RESULT IN ANY RISE IN ELEVATION OF THE 100 YEAR FLOODPLAIN. 3.2.2 THE CITY SHALL: a •PS_ , _a . • .-,. • . e, _ . • P. P. e.,, . _ ..• • • EXCEPT ALTERATIONS MAY BE ALLOWED WHICH PRESERVE OR ENHANCE THE la, ALLOW LAND FORM ALTERATIONS OR DEVELOPMENT IN THE FLOODPLAIN* OUTSIDE THE ZERO FOOT RISE FLOODWAY* WHICH PRESERVE OR ENHANCE THE FUNCTION OF THE ZERO FOOT RISE FLOODWAY*PROVIDED: Vol. II, Policy 3-3 • • 4 4- THE LAND FORM ALTERATION AND/OR DEVELOPMENT IS IN AN AREA DESIGNATED COMMERCIAL OR INDUSTRIAL ON THE COMPREHENSIVE SATISFIED;OR 2: THE LAND FORM ALTERATION AND/OR DEVELOPMENT IS ASSOCIATED WITH COMMUNI-14 RECREATION USE-S7 UTILITIES, OR PUBLIC SUPPORT FACILITIES AS DEFINED IN CHARTER 18.12 OF THE COMMUNITY DEVELOPMENT CODE AND THE FACTORS SET FORTH IN POLICY 3.2.3 CAN BE SATISFIED. 3.2.3 WHERE LAND FORM ALTERATIONS AND DEVELOPMENT ARE ALLOWED WITHIN THE REQUIRE: a- THE CAPACITY OF THE ZERO FOOT RISE FLOODWAY* B€ MAINTAINED; BE NO DETRIMENTAL UPSTREAM OR DOWNSTREAM EFFECTS IN THE * AREA, AND THAT THE CRITERIA SET FORTH IN THE SENSITIVE LAND ANG RESIDENTIAL L D .WHIG ADEQUATELY SCREENS THE 4, THE CONSIDERATION OF DEDICATION OF OPEN LAND AREA FOR GREENWAY FOR THE CONSTRUCTION OF A PEDESTRIAN/BICYCLE PATHWAY WITHIN THE FLOODPLAIN* IN ACCORDANCE WITH THE ADOPTED PEDESTRIAN BICYCLE PATHWAY PLAN. 3.2.4 THE CITY SHALL PROHIBIT DEVELOPMENT WITHIN AREAS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP. NO DEVELOPMENT SHALL OCCUR ON PROPERTY ADJACENT TO AREAS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP WITHIN TWENTY FIVE (25) FEET OF THE DESIGNATED WETLANDS AREA. DEVELOPMENT ON PROPERTY ADJACENT TO SIGNIFICANT WETLANDS SHALL BE ALLOWED UNDER THE PLANNED DEVELOPMENT SECTION OF THE CODE. 3-2-5 THE CITY SHALL REQUIRE THE CONSIDERATION OF DEDICATION OF ALL UNDEVELOPED LAND WITHIN THE 488-YEAR FLOODPLAIN PLUS SUFFICIENT OPEN THE PLAN. (Rev. Ord. 05-01; Ord. 98-19; Ord. 90-22; Ord. 85-13;Ord.84-36) 3.3 NATURAL RESOURCES Findings • Currently, there are extensive rock and gravel extraction areas located to the north and west of Tigard's planning area within Beaverton and Washington County. (Rev. Ord.01-07) • There is one active mineral or aggregate resource within the Tigard Planning Area, known as the Durham Pits,which is operated by Washington County. Vol. II, Policy 3-4 • • Exhibit D CITY OF TIGARD PLANNING COMMISSION Meeting Minutes September 17,2007 1. CALL TO ORDER President Inman called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Commissioners Anderson, Caffall,Doherty, Fishel, Hasman, Muldoon, and Vermilyea Commissioners Absent: Commissioner Walsh Staff Present: Ron Bunch,Long Range Planning Manager; Marissa Daniels,Assistant Planner; Jerree Lewis,Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS Commissioner Caffall reported that the CAC met with ODOT. Their final report is ready and they will go to City Council in October. Ron Bunch advised that the meeting with Council will be November 20th. Council will be asked to direct staff to amend the Transportation System Plan. This will allow the City to be in line for grants and other kinds of assistance to implement the Hwy. 99W Plan. 4. APPROVE MEETING MINUTES Motion by Commissioner Muldoon seconded by Commissioner Caffall to approve the August 6, 2007 meeting minutes as submitted. The motion was approved as follows: AYES: Anderson, Caffall,Doherty,Fishel,Hasman,Inman,Muldoon,Vermilyea NAYS: None ABSTENTIONS: None EXCUSED: Walsh Motion by Commissioner Muldoon seconded by Commissioner Hasman to approve the August 20, 2007 meeting minutes as submitted. The motion was approved as follows: AYES: Anderson, Caffall,Doherty,Fishel, Hasman,Inman,Muldoon,Vermilyea NAYS: None ABSTENTIONS: None PLANNING COMMISSION MEETING MINUTES—September 17,2007—Page 1 • EXCUSED: Walsh 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00002 Tigard Comprehensive Plan Update of Statewide Planning Goal 7: Natural Hazards REQUEST: Amendments to the current Comprehensive Plan Topic 3: Natural Features and Open Space by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, 3 & 7; Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1, 2, 7, 9 and 11. STAFF REPORT Assistant Planner Marissa Daniels presented the staff report on behalf of the City. She reported that Hazards (Goal 7) is the second Comprehensive Plan Amendment to update the current Comprehensive Plan. The Planning Commission held a workshop on August 20th.to discuss the draft goals, policies, and recommended action measures that were formulated based on the input from the policy interest and department review teams. At the workshop, the Planning Commission requested subheadings be added to the introductory text. The following subheadings have been added to the text: Earthquake, Wildfire, Landslides, Flooding, and Other Hazards. The Planning Commission also recommended that "native plant species" be replaced with "non-invasive species" throughout the Comprehensive Plan. Goal 7.1 Policy #13 has been updated to reflect this change: 1. The City shall retain and restore existing vegetation with frittive-plant non-invasive species in areas with landslide potential to the greatest extent possible. Planning Commissioners recommended adding an action measure under Goal 7.1 to research and implement standards to prevent inappropriate land uses in high hazard areas. This action measure reads as follows: i. Research and implement standards to ensure only appropriate land uses are allowed in high hazard areas. Daniels advised that suggestions received from DOGAMI and CWS have been incorporated. In addition to changes in the text, Daniels forwarded 2 suggestions to the Policy Interest Team for the Public Safety Section (undergrounding of utilities and emergency notification of severe weather conditions and consequences). PLANNING COMMISSION MEETING MINUTES—September 17,2007—Page 2 • • • Daniels advised that she received comments from resident John Frewing. His comments and staff responses are shown in Exhibit A. • Daniels stated that staff finds the proposed changes comply with the applicable criteria and recommends the Planning Commission recommend approval of the amendment to the City Council. Staff was asked if there are any areas that are at risk, but outside of the 100-year floodplain at this time. Are there high-risk areas on another stream bed? Staff answered no. If it were determined later that there were areas that needed to be added, the City could go through the FEMA process for updating. PUBLIC TESTIMONY John Frewing, 7110 SW Lola Lane, Tigard 97223 testified that he would like to add substance to the words regarding hazards. His comment is the same comment that CWS provided to the City. He feels there isn't enough guidance for City staff or citizens as to what is meant by these various terms. Frewing said he was told by staff that vague terms are intended to trigger engineering site studies. It's his experience that such studies are either not done or are done with no standards at all. Perhaps we should detail what an engineering site study should be. With regard to his second comment (Exhibit A), he believes the words "promote non- structural approaches when appropriate" are words that say nothing. Tigard should be more clear on what they want to do about non-structural approaches. We could say we "prefer" non-structural approaches to avoiding hazards of floods, etc. With regard to the 100-year floodplain, Frewing testified that 80% of Tigard's perennial streams are not covered by the Corps of Engineers FEMA study that defines the 100-year floodplain level. He gave Ash Creek and Pinebrook Creek as examples. Staff advised that the City.has undertaken an analysis of flood hazard areas. The Tigard Resource Report shows Ash Creek, Fanno Creek, Summer Creek,Red Rock Creek, and the Tualatin River Basin in the floodplain. In order to apply FEMA regulations, flood areas have to be on the FEMA maps. Map revisions have to be part of a FEMA-approved process in order to be regulated. The City participates in the National Flood Insurance Program. In order to participate in the program, we have to comply with all FEMA standards. The City has undertaken a drainage master plan that looks at water flows. We've also worked with the Army Corps of Engineers to update the maps. The most recent maps were updated in 2005. The City can ask FEMA to undertake additional studies or to undertake site-specific problems of areas of localized flooding. President Inman noted that it's a very PLANNING COMMISSION MEETING MINUTES—September 17,2007—Page 3 • • , extensive, expensive process to update FEMA maps. Also, if any of the floodplain maps touch your property, you're required to have additional flood insurance or you have to have an engineer certify that you are outside of the floodplain. When it comes to a property that's not FEMA-mapped, but does have a drainageway through it and is in the process of developing, there are many code standards that CWS addresses to look at the impact of the development. PUBLIC HEARING CLOSED Staff confirmed that FEMA is the bare minimum that the City has to do in terms of regulating floodplain. The 100-year floodplain is the basis for the flood insurance program. The Natural Hazards section in the Comp Plan is where we acknowledge that we will comply with FEMA requirements. Statewide Planning Goal #7 obligates the City to comply with FEMA flood regulations. Commissioner Vermilyea believes it's redundant to put a policy in the Comp Plan when we're already obligated by State law to do it. Ron Bunch said it's important in terms of overall applicability to the Federal Flood Insurance Program. It's an affirmation that we will comply with the law. President Inman disagreed. She believes in goal setting, but she's not sure this is something that needs a higher goal set. Is there a fundamental need to set a higher standard? Commissioner Muldoon noted that, typically, state & federal regulations are looking for demonstration of due diligence and intent to comply. Its absence poses a negative for the City. When we talk about redundancy,we're talking about eliminating evidence of willingness to comply. Ron Bunch advised that there is some leeway as to what extent jurisdictions have to comply with FEMA regulations. Some communities allow much more development in the floodplain than is possible in Tigard or other Metro communities. Tigard has adopted a strict standard in which there is 0' rise allowed in the floodway. Commissioner Muldoon asked about action measures for pre-positioning any kind of floodflow devices (e.g., sandbags or barriers). Staff said that sort of thing would be more appropriate in a hazard mitigation plan. Mitigation plans contain tactics to address this kind of thing. To keep the language from being confusing and vague in both Policy 7.1.1(Natural Hazards) and Policy 3.1.1 (Natural Features and Open Space), the following change was suggested for both policies: "The City shall not allow development in areas having the following development limitations except where - . . •• • - -. - - • - : - a • - - the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development:..." PLANNING COMMISSION MEETING MINUTES—September 17,2007—Page 4 • • Discussion was held about the use of non-structural approaches to hazard mitigation. Staff said this could mean: • don't develop in floodplains, there is a 0' rise • less density on steep slopes; roads could be graded along the contours only in those areas that don't require extensive structural modification • in areas subject to wildfires, defensible space type techniques could be used • earthquakes would require a structural approach Staff advised that with Policy #7.1.2,the onus would be on the City to utilize non-structural approaches to hazard mitigation. Some of the action measures would have to be incorporated into the Development Code. Currently, the Development Code is very structurally oriented. After further discussion, it was decided to change the language for Policy 7.1.2 to read: "The City shall promote favor the use of non-structural approaches to hazard mitigation when ftl3PrePt4ftte. Motion by Commissioner Doherty seconded by Commissioner Muldoon for a recommendation of approval by City Council of the staff report for CPA 2007-00002 with the following changes: • Under Policy #1, it would read, "The City shall not allow development in areas having the following development limitations except where the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development." The rest (A,B ,C,D) would be the same. • Policy #2 would read, "The City shall favor the use of non-structural approaches to hazard mitigation." • Policy 3.1.1 would read, "The City shall not allow development in areas having the following development limitations except where the developer demonstrates that generally accepted engineering techniques related to a specific site plan will make the area suitable for the proposed development." The motion was approved as follows: AYES: Anderson, Doherty, Fishel,Hasman,Inman,Muldoon NAYS: Vermilyea ABSTENTIONS: Caffall EXCUSED: Walsh 6. OTHER BUSINESS None 7. ADJOURNMENT • PLANNING COMMISSION MEETING MINUTES—September 17,2007—Page 5 • The meeting was adjourned at 8:55 p.m. and then reopened to allow for clarification of the vote. Commissioner Vermilyea stated that he voted against the motion, not because of the amended language with respect to 7.1, but rather with the fact that we are putting in our Plan statements that we will comply with existing law that we already have obligations to comply with. There are 2 separate incidents in this proposal. He thinks it's bad policy to do that because it clogs up the statute and makes it unclear. He also believes we didn't do enough to address the issue of the 100-year floodplain. It should have been addressed in more detail. Commissioner Caffall advised that he abstained from voting on the motion primarily because of the 100-year floodplain issue and that we did not address the secondary stream issues. He's also a little confused on where the overall language is going to end up. The meeting adjourned at 9:03 p.m. Jerree Lewis, Planning Commission Secretary ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—September 17,2007—Page 6 .arissa Daniels - Comments for Hazards Section, Tigard Comp Plan Page 1 j From: "John Frewing" <jfrewing @teleport.com> To: "Marissa Daniels" <Marissa @ tigard-or.gov> Date: 9/17/2007 3:10:21 PM Subject: Comments for Hazards Section, Tigard Comp Plan Marissa, Below are John Frewing comments on your draft Hazards section of the new Tigard Comp Plan. The gist of these comments is that we in Tigard can do better than proposed in your policies to prevent and manage hazards. Please give to the Planning Commission at the start of this evening's hearing. 1 In at least several instances, the avoidance of definitions or the use of very narrow definitions reduce the effectiveness of policies. For example, reference to'established and proven engineering techniques' and reference to 'severe soil erosion', 'subject to slumping, earthslides or movement', 'slopes in excess of 25%' and 'severe weak foundation soils' in draft Policy 1 of Goal 1 do not state a clear policy. The record of developing this policy give no guidance to staff or citizens on the degree of protection which the city intends. In other discussion, findings and policies, (ie for other issues), reference is made to codes or texts which define important terms, but not for Policy 1. For example, the measurement of slopes in excess of 25% is a much debated item and exists with great precision in CWS materials. For example, should one measure from one edge of the property to another and see if 25% is exceeded? Should one use 2-foot, 10-foot or 50-foot segments to measure slope? Where.should one start to measure slope? I urge the Planning Commission to direct staff to provide definitions of the operative terms in the policies proposed before Planning Commission approval. 2 The wording of Policy 2 of Goal 1 is'weak kneed' at best. Tigard should do more than 'promote' non- structural approaches to avoiding hazards, whatever 'promote' might mean. Tigard should identify, regulate and enforce the use of non-structural approaches. The use of the 'when appropriate' term basically says nothing, giving no guidance to staff as to appropriate conditions for use of non-structural measures. This 'when appropriate' term also allows dangerous developers to argue that a given situation is not 'appropriate'. I urge the Planning Commission to direct staff to make Policy 2 meaningful. 3 Policies 7, 8 and 9 of Goal 1 refer to a 100-year flood, a very important concept in avoiding hazards in any community. However, as used in these policies, it refers only to the locations defined as being subject to a 100-year flood in documents issued by FEMA. The 100-year flood exists on every stretch of every stream, whereas FEMA only maps the 100-year flood on Fanno Creek and the very lowest portions of tributaries. Tigard should eliminate hazards associated with floods by applying its setbacks, floodproofing and development limits to all portions of all streams and their associated 100-year flood levels and flows. I urge the Planning Commission to direct staff to clarify that reference to 100-year floods and streamflows apply to all portions of all streams. 4 Policy 2 of Goal 2 should be strengthened. Certainly communication among agencies is a mandatory function of city government regarding things like pest infestations and communicable diseases. However, Tigard citizens deserve more than that. Other cities have workable regulations regarding standing water (west nile virus, mosquito breeding) and bird-transmitted diseases. I urge the Planning Commission to direct staff to research and draft policies that will ensure later staff development of regulations to manage such hazards. 1larissa Daniels - Comments for Hazards Sectio ,Tigard Comp Plan __ Rage-3 Thank you, John Frewing 7110 SW Lola Lane, Tigard, OR 97223 • • • • • • Staff Response to Comments submitted by John Frewing on September 17, 2007: 1. Suggested definitions: The degree of protection a. `established and proven engineering techniques' b. `severe soil erosion' c. `subject to slumping, earthslides, or movement' d. `slopes in excess of 25%' e. `severe weak foundation soils' Staff Response: Staff recommends against writing specific definitions for these terms. Policy 1 reads almost identically to Policy 3.1.1 of the current Comprehensive Plan. Presently, definitions of these terms are not included in the Comprehensive Plan as the degree of protection is determined by an engineer's site-specific analysis. The bottom line is that established and proven engineering techniques can change over time, and the other definitions are best left to an engineering geologist. General definitions may be appropriate for a future code update,but are best left out of the Comprehensive Plan. 2. Policy 2 of Goal 7.1: Suggested policy language Identify, regulate, and enforce the use of non-structural approaches to hazard mitigation. Staff Response: This policy was amended to reflect the comments of the Oregon Department of Geology and Mineral Industries (DOGAMI). While non-structural approaches to hazard mitigation are appropriate for protection against landslides and flooding, structural approaches to earthquake mitigation are more appropriate. For wildfire, both structural (i.e. roof composition) and non-structural (i.e. the creation and maintenance of defensible space) are important. Thus, this policy has been revised to read, "The City shall promote the use of non-structural approaches to hazard mitigation when appropriate." 3. Policies 7, 8, and 9: The definition of the 100-year floodplain Staff Response: Staff recommends against revising the definition of the 100-year floodplain to include all streams and areas that might be within their respective 100-year floodplains. It is the intent of this suggestion that Tigard should eliminate all hazards associated with floods. This is not possible. This suggestion was also brought up at the first Policy Interest Team meeting (PIT). Other members of the PIT discussed that the City could spend its entire budget on hazards mitigation and still be vulnerable to the unimaginable. FEMA and The Army Corps of Engineers are really the experts in this field. Furthermore, FEMA standards allow for study and designation of additional flood areas if done according to approved criteria and certified by the Corps. This would result in a map change, not a definition change. • • • 4. Policy 2 of goal 7.2: Research and draft policies to manage hazards such as pest infestations and communicable diseases. Staff Response: Again, this section of the Comprehensive Plan goes above and beyond Statewide Planning Goal 7. The number of possibilities for inclusion in this section is limitless. This policy is intended to be specifically about communication. The mitigation plan is a more appropriate place to include hazard specific risk assessments and mitigation action items. Staff recommends against revising this policy to include all possible scenarios. • • TIGARD PLANNINOtom ISSION AGENDA 1111 q • AUGUST 20, 2007 7:00 p.m. TIGARD TIGARD CIVIC CENTER—TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 7:00 p.m. 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:02 p.m. 3. COMMUNICATIONS 7:10 p.m. 4. APPROVE MINUTES 7:15 p.m. 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00001 Tigard Comprehensive Plan Update of Statewide Planning Goal 6: Air, Water, and Land Quality Resources, Goal 8: Recreation Needs, and Goal 13: Energy Conservation REQUEST: Amendments to the current Comprehensive Plan Topics 3: Natural Features and Open Space; 4: Air, Water, and Land Resources Quality; and 9: Energy by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code amendments. LOCATION: Citywide. ZONE: CBD, C-G, C-P, I-H, I-L, I-P, MUE, MUE-1, MUE-2, MUR-1, MUR-2, R- 1, R-2, R-3.5, R-4.5, R-7, R-12, R-25. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.380, 18.390, 18.705, 18.715, 18.765, 18.775 and 18.810; Comprehensive Plan Policies 2, 3 & 4;Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1, 2, 5 and 6. 8:15 p.m. 6. COMPREHENSIVE PLAN WORKSHOP - HAZARDS 9:00 p.m. 7. OTHER BUSINESS 9:05 p.m. 8. ADJOURNMENT • � '� " `. r.'� MEMORANDUM TIGARD 2027 TO: Planning Commission FROM: Marissa Daniels,Assistant Planner RE: Hazards Comprehensive Plan Work Session DATE: August 13, 2007 At the August 20th Planning Commission meeting, staff will present the draft goals,policies,and action measures of the Hazards section for Planning Commission review,discussion,and editing. The draft goals,policies,and action measures were created based on a number of activities and include: • Tigard Beyond Tomorrow Visioning Process • Community surveys over the past several years • Tigard 2007 Resource Report • Citizen review of draft goals at two Comprehensive Plan open houses • Citizen input at Policy Interest Team meetings These draft goals;policies,and action measures are intended to reflect the community's values and aspirations for land use planning. They also aim to organize and coordinate the relationships between people,land,resources,and facilities to meet the current and future needs of Tigard. This meeting gives the Planning Commission the opportunity to ask questions of staff on the concepts or content of the language that is included in the draft goals,policies,and action measures. This is also the appropriate time to evaluate the citizen input versus the views of the Commission on what it ultimately recommends to City Council. The intended outcome of the meeting would be a consensus on the final draft goals,policies,and action measures that will be brought before the Planning Commission for a public hearing on September 17th. To meet this timeline, a thorough review of the materials before the meeting,with questions ready,will help to ensure a focused review and discussion that is efficient. If unable to finish the review during the August 20`s meeting, it will continue to the September 17th meeting. Remember,staff is available to answer any questions that you may have leading up to the meeting and we encourage you to call or email. Getting all questions answered and the appropriate information to help with the discussion will eliminate the need to schedule additional meetings throughout the process of updating the Comprehensive Plan. 1 • • For questions on the Hazards chapter,please contact Marissa Daniels at 503-718-2428 or Marissa @tigard-or.gov. The attached material for each of the topics includes: • Draft Hazards chapter including key findings from the Tigard 2007 Resource Report,goals, policies,and action measures • `Building blocks" based on the Tigard 2007 Resource Report,visioning process,and surveys that were used with the Policy Interest Teams to provide them with a structure to help develop draft policies. Additions/comments from citizens are color coded by the meeting date. • Community Issues/Values gleaned from the visioning process and community surveys • Text from the current Comprehensive Plan to be deleted when the new goals,policies,and action measures are adopted by City Council • Staff input at Department Review Team meetings To date, the opinions expressed by the Policy Interest Team have been in agreement with the professional opinion of staff on all but two issues. The first issue is the way in which we define high hazard areas.The Hazards Policy Interest Team prefers that hazard areas be defined by map for all hazards. Currently,the floodplain is defined by FEMA map and landslide prone areas are defined by text. Staff recommends against defining hazard areas by map as map error and map scale may interfere with the accuracy of hazardous conditions. In the attached draft Hazards chapter, flooding and wildfire hazards are defined by map and landslides are defined by text. The second issue is the formation of a hazards home inspection program. It has been proposed by the Policy Interest Team that the building department offer home inspections to property owners to check for possible vulnerability to natural hazards.At this time,the building department does not have the expertise to evaluate homes on this level. In many cases,a geotechnical or structural engineer will be necessary to determine whether a home is truly at risk. Implementing this program will require the creation of one or more new positions. Staff has also expressed concern about the liability involved in determining whether or not a home is at risk of natural hazards. Please note,hazards response is not covered in this chapter. Response will be included in the Public Safety section of the Public Facilities chapter. Included below are some definitions that may be helpful to your review: Goal Definition -A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation -The City cannot take action which violates a goal statement unless: 1.Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. 2 • • Policy Definition-A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals.They often identify the City's position in regard to implementing goals. However; they are not the only actions the City can take to accomplish goals. Obligation-The City must follow relevant policy statements when amending the Comprehensive Plan,or developing other plans or ordinances which affect land use such as public facility plans,and zoning and.development standards or show cause why the Comprehensive Plan should be amended consistent with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. However, in the instance where specific plan policies appear to be conflicting, the City shall seek solutions which maximize each applicable policy objective within the overall context of the Comprehensive Plan and Statewide Goals.As part of this balancing and weighing process, the City shall consider whether the policy contains mandatory language (e.g.,shall,require) or more discretionary language (e.g.,may,encourage). Recommended Action Measures Definition-A statement which outlines a specific City project or standard which,if executed,would implement goals and policies.Recommended action measures also refer to specific projects, standards,or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation- Completion of projects,adoption of standards,or the creation of certain relationships or agreements with other jurisdictions and agencies,will depend on a number of factors such as citizen priorities, finances,staff availability,etc. The City should periodically review and prioritize recommended action measures based on current circumstances,community needs and the City's goal and policy obligations.These statements are suggestions to future City decision-makers as ways to implement the goals and policies.The listing of recommended action measures in the plan does not obligate the City to accomplish them.Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan.The list of recommended action measures is not exclusive. It may be added to,or amended,as conditions warrant. 3 • • -DRAFT- Hazards Natural features provide a community with valuable resources but,under certain conditions, these resources may also present a hazard. For example,rivers and creeks are important for storm water conveyance,wildlife habitat,and water quality. However, these resources can quickly threaten property and people unless careful planning has documented flooding risk and adequate precautions are taken.The City's commitment to protect people and property from hazards is based on Oregon Statewide Planning Goal 7. Goal 7 lists six hazard categories to be addressed by comprehensive plans. Four of these apply to the City of Tigard:wildfire,landslides, flooding,and earthquakes. In addition, the City is also vulnerable to harm from severe weather and man-made hazards. Goal 7: Areas Subject to Natural Hazards "To protect people and property from natural haards'" Tigard's citizens value a safe community where natural resources are protected and there is minimal danger from both natural and man-made hazards.Tigard residents value the importance of natural systems in protecting the community from hazards,and additionally recognize that although landslides,earthquakes,wildfires and floods occur naturally, the effects of these events are often made worse by human activities. Hazards can have a significant negative impact on a community's quality of life. It is important for the Comprehensive Plan to provide policy direction on how the City will manage hazardous conditions and events. Land use planning, development regulation and emergency management play key roles in assessing and reducing the risk to people and property from hazards. It is important for local governments to have an understanding of underlying natural conditions and past event history to develop hazard mitigation and prevention programs. Because hazards, such as earthquake faults and floodplains,extend across jurisdictional boundaries, it is essential to coordinate planning and emergency response services regionwide and with the state and federal governments. For example,due to the scale and complexity of earthquakes,Tigard coordinates with the Oregon Department of Geology and Mineral Industries (DOGAMI). In addition to DOGAMI,Tigard coordinates with Metro,Washington County,and other jurisdictions to mitigate the risk associated with an earthquake.To minimize loss of life and property from earthquakes, the City requires all new commercial,industrial,and multifamily structures to conform to Oregon Structural Specialty Code requirements for Zone 3 (the second highest hazard code), while single-family construction must conform to the Oregon One and Two Dwelling Specialty Code for seismic category Dl. In Tigard,wildfire is characterized by the Urban Interface Zone,or the urban-rural fringe where homes and other structures are built onto a densely forested or natural landscape-The Oregon Department of Forestry implements the Oregon Forestland-Urban Interface Fire Program,which is expected to be fully implemented by 2011,in order to protect interface communities in Oregon from wildfire.The City of Tigard works with Tualatin Valley Fire and Rescue (TVF&R) to mitigate the effects of wildfire.TVF&R is responsible for all fire prevention and education,and has the opportunity to comment on all development applications. TVF&R also maps the urban interface zone in Tigard.The Oregon Department of Environmental Quality (DEQ) controls both backyard and agricultural burning in Oregon;however,Tigard is within the DEQ permanent burn-ban area in an effort to reduce the risk of wildfire as a result of backyard burning. 1 • • -DRAFT- People and property are best protected from landslide when building structures and roads are not built within areas prone to mass movement.Although landslides are a natural geologic process,the incidence of landslides and their impacts on people can be exacerbated by human activities. Such human.activities include grading for road construction and development,excavation,drainage and groundwater alterations,and changes in vegetation. By mapping steep slopes and allowing only appropriate development in these areas the City can limit the impact of landslides on the community.Also,by retaining vegetation and natural drainageways in these areas, the City can work to reduce conditions which may lead to landslides.The effects of landslides are often more widespread than the physical area they inhabit,as landslides can affect utility services, transportation systems,and critical lifelines. Floods are influenced by a number of factors,including the amount and intensity of precipitation, geography and geology,and development activity.The City of Tigard cannot control precipitation or the community's soil type but can control development activity which contributes to,and is affected by, flooding.The City coordinates with several agencies to mitigate the risk of flooding.The FEMA designated floodplain is used to administer the national flood insurance program(NFIP). The floodplain serves as the FEMA flood hazard regulatory area.Within this area,development activities are regulated to minimize impacts on floodwater flows and storage areas to reduce impacts from flood events. Oregon state law regulates development within the 100-year floodplain and Tigard complies through adoption of Metro's Urban Growth Management Functional Plan,Title 3.The Sensitive Lands chapter of the Tigard Community Development Code implements Title 3 through the Clean Water Services'Design and Construction Standards. Floods can have a devastating impact on almost every aspect of the community,including private property damage,public infrastructure damage,and economic loss from business interruption. The City has been proactive in mitigating flood hazards by purchasing floodplain property.These areas, if left undisturbed,can act to store excess floodwater. The Oregon Division of State Lands (DSL), jointly with the U.S.Army Corps of Engineers,requires a permit for development within the waters of the United States.Any disturbance to a water body and its associated floodplain is covered through this process. Tigard is also at risk of non-natural or man-made hazards.Although statewide planning goal 7 addresses natural hazards,other hazards are included in this chapter as the community is concerned about protection from non-natural hazards as well as natural hazards. Other hazards addressed by this section may include mass casualty transportation accidents,hazardous material releases, severe storms, terrorism,epidemics,and infestation. Tigard coordinates planning for non-natural hazardous occurrences with other jurisdictions and agencies from around the state. Key Findings • The Cascadia Subduction Zone could potentially cause an 8+ magnitude earthquake,affecting Tigard. • Tigard is subject to more frequent shallow earthquakes (crustal fault earthquakes).These events typically do not exceed magnitude 4,but could go up to magnitude 7. • Fifty-eight percent of the City is subject to the greatest earthquake hazard level,with an additional 21% falling into the next hazard level.These areas include developed residential and commercial areas,as well as the Washington Square Regional Center. 2 • • -DRAFT- • Wood-frame homes tend to withstand earthquakes better than unreinforced brick buildings. • The City of Tigard requires all new commercial,industrial,and multifamily structures to conform to Oregon Structural Specialty Code requirements for Seismic Zone 3,while single- family construction must conform to the Oregon One and Two Family Dwelling Specialty Code for Seismic Category Dl. • The increasing number of homes being built in the urban interface zone is increasing the threat of wildfire in Tigard. More than 30% of all land in Tigard is vulnerable to wildfire. • Tigard is within the Oregon Department of Environmental Quality's permanent bum ban area, so backyard burning is not allowed anywhere within Tigard. • The most common type of landslide in Washington County is caused by erosion. • Landslides within Tigard have historically not caused major property damage. However in other parts of the Portland metropolitan region they have caused considerable damage. • It is estimated about 3% of the City's land,or 286 acres,is vulnerable to landslides. In addition, about 4.3 miles of critical streets could be subject to landslide damage. • Human activities such as deforestation, stream alteration,and urban development within the Tualatin basin have significantly altered the hydrology of the watershed. This has resulted in increased water runoff and greater potential for flooding. • Floods are Oregon's most frequently occurring natural disaster. • The 100-year floodplain includes six streams and 7.9% of all land area in Tigard.The last major flood event in 1996 inundated 2.2%of the land area in Tigard. • As of June 2006,Tigard owns 34%of the 100-year floodplain. • Tigard residents are concerned about the effects of all other hazards on the community. Goal 7.1 Protect people and property from flood,landslide, earthquake,wildfire,and severe weather hazards. Policies 1. The City shall not allow development in areas having the following development limitations except where it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development: A. Areas having a severe soil erosion potential; B. Areas subject to slumping,earth slides, or movement; C. Areas having slopes in excess of 25%;or D. Areas having severe weak foundation soils. 2. The City shall promote the use of non-structural approaches to hazard mitigation. 3. The City shall coordinate land use and public facility planning with public safety providers (law enforcement, fire safety,and emergency service providers) to ensure their capability to respond to hazard events. 4. The City shall design and construct public facilities to withstand hazardous events with a priority on hazard protection of public services and facilities that are needed to provide emergency response services. 5. The City shall apply and enforce building code standards to protect the built environment from natural disasters and other hazards. 3 • . -DRAFT- 6. The City shall enforce standards requiring the creation and maintenance of defensible space around habitable structures located in wildfire hazard areas. 7. The City shall comply with the Federal Emergency Management Agency (FEMA) flood regulations,which include standards for base flood levels, flood proofing,and minimum finished floor elevations. 8. The City shall prohibit any land form alterations or developments in the 100-year floodplain which would result in any rise in elevation of the 100-year floodplain. 9. The City shall not allow land form alterations or development within the 100-year floodplain outside the zero-foot rise floodway unless: A. The streamflow capacity of the zero-foot rise floodway is maintained,and B. Engineered drawings and/or documentation shows there will be no detrimental upstream or downstream effects in the floodplain area. 10. The City shall work with Clean Water Services to protect natural drainageways and wetlands as valuable water retention areas and,where possible, find ways to restore and enhance these areas. 11-. The City shall comply with Metro Title 3 Functional Plan requirements for balanced fill and removal in the floodplain. 12. The City shall minimize impervious surfaces to reduce storm water runoff. 13. The City shall retain and restore existing vegetation with native species in areas with landslide potential to the greatest extent possible. 14. The City shall work to reduce the risk of loss of life and damage to property from severe weather events. Recommended Action Measures i. Place land acquisition priorities on high hazard areas to be used for recreation or open space purposes. ii. Update and maintain accurate information regarding natural hazard risks and past events. iii. Publicize and maintain maps of high hazard areas. iv. Address planning for the protection of public facilities and services from hazards in the Tigard Public Facilities Plan and Community Investment Plan. y. Retrofit existing public facilities and services to contemporary standards to better withstand natural disasters and hazardous occurrences. vi. Recognize some existing buildings have not been built to contemporary building code standards and seek ways to encourage their retrofit to modern codes. vii. Design and Implement a natural hazards home inspection program. viii.Update and maintain a list of essential and critical facilities to be used in hazards planning. ix. Work with Tualatin Valley Fire and Rescue Community Safety Program to provide 4 • -DRAFT- information and education about urban interface wildfire to Tigard citizens. x. Adopt the Tualatin Valley Fire and Rescue Wildfire Hazard Map and implement section R324 of the Oregon Residential Specialty Code. xi. Provide information and access to resources for property owners who wish to assess the ability of their buildings to withstand natural hazards. xii. Continue to maintain eligibility for the National Flood Insurance Program. Goal 7.2 Protect people and property from non-natural hazardous occurrences. Policies 1. The City shall design, construct, and coordinate the surface transportation system to reduce • the potential for mass casualty accidents and to provide the ability to evacuate when necessary. 2. The City shall encourage communication and coordination among a wide variety of agencies to respond to technological and man-made disasters. Recommended Action Measures i. Keep a current inventory of locations where hazardous materials might pose a danger to the public,including storage and transportation areas. ii. Update and maintain the Tigard Emergency Operations Plan to ensure essential governance and public safety services are available during a disaster. iii. Continue to work with the Washington County Office of Emergency Management to: A. Coordinate emergency preparedness education for Tigard residents, B. Provide ongoing responder training and exercises, C. Coordinate regionwide hazards response,and D. Provide hazards information and resources countywide. iv. Continue to implement the Community Emergency Response Team (CERT)Program for community members and City staff. v. Encourage projects that enhance medical treatment capabilities and capacity. 5 .-----{Formatted:Top: 0.5" TIGARD COMPREHENSIVE PLAN POLICY BUILDING BLOCKS REVISED AS OF 6/21/2007 REVISED AS OF 7/16/2007 REVISED AS OF 8/10/2007 HAZARDS GOAL: 1. PROTECT PEOPLE AND PROPERTY FROM FLOOD,LANDSLIDE,EARTHQUAKE AND WILDFIRE HA POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone): Policies:. Protect life and property from hazards by preventing 5.1.1 The City shall not allow development in areas or minimizing the risk of hazardous occurrences.I____ having the followingdevelopment limitations - - Comment:Group preference is to define hazard areas by Map and not except where it can be shown that established and by text.(2 green Dots) For the • Other Building Blocks(actions and results): proven engineering techniques related to a specific rains.ica ante nsetas de hazamrdest • Prevent development that would pose danger to site plan will make the area suitable for the Map: gp SCALE:The scale of the map life and property in areas where hazards cannot be proposed development: will have an Impact on whether a mitigated. (3 green dots) a. Areas having a severe soil erosion potential 2.sensit MAP ive ERROR:lands re Int the view is event nece ssar that y. b. Areas subject to slumping,earth slides,or there ovetea error o tour map,we are • Developers have the burden of proof to show movement; that hazards can be mitigated to the extent c. Areas having slopes in excess of 25%;or necessary not to endanger life and property. (1 d. Areas having severe weak foundation soils. green dot, 1 yellow dot) 5.1.2 The City shall coordinate land use and public • Promote the use of non-structural approaches to facility planning with public safety providers (law hazard mitigation. (2 green dots) enforcement,fire safety,and emergency service providers) to ensure their capability to respond to • Land acquisition priorities on[high hazard areas to- hazard events. (l green dol) _-- Comment:Need to clarify the definition of high hazard areas. be used for recreation or open space purposes. (2 green dots) 5.1.3 The City shall promote the use of non-structural • approaches to hazard mitigation. (1 green dol) • • Coordinate land use and public facility planning with public safety providers (law enforcement,fire Action Measures., safety,and emergency service providers) to ensure 5.1:1 Place land acquisition priorities on high hazard their capability to respond to hazard events. (3 areas to be used for recreation or open space green dots) purposes. (1 green dot) • !Maintain accurate information regarding natural 5.1.2 Update and maintain accurate information_regardini hazard risks and past events. (2 green dots) L natural hazard risks and past events. --- Comment:Specify which maps are used,need to make it easy for the public to find relevant maps. 5.1.3 Publicize and maintain maps of high hazard areas.L--:comment:Although the maps may not be used to define high Hazard areas,the maps are very useful in POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: ,illustrating such areas. Policy Principle (Cornerstone): Policies: Public Facilities!need protection from destruction or 5.1.4 The City shall design and construct public facilities.--' Comment:What about enforcement on damage by hdonditions. to withstand hazardous events with a priority on --pm ate facilities,Le.private roads? g y azarous conditions. ' Comment:Define and add public hazard protection of public services and facilities s facilities to the glossary list. • Other Building Blocks (actions and results) that are needed to provide emergency response • Have as a priority hazard protection of public services. (1 green Dot) services and facilities that are needed to provide emergency response services. (3 green dots) Action Measures: 5.1.4 Address planning for the protection of public • Design and construct public facilities to withstand facilities and services from hazards in the Tigard hazardous events. (3 green dots) Public Facilities Plan and Community Investment Plan. (1 green Dot) • Retrofit existing facilities and services to contemporary standards to better withstand 5.1.4 Retrofit existing public facilities and services to ---{Formatted:Bullets and Numbering ) natural disasters and hazardous occurrences. (2 contemporary standards to better withstand natural green dots) disasters and hazardous occurrences. (1 green Dot, !yellow dot) • Community Issue:The citizens of Tigard are concerned about the future of public services, 5.1.5 Design and Implement a natural hazards home -----{Formatted:Bullets and Numbering ) which includes safety,schools and infrastructure. inspection program. • * (1 yellow dot) • Address planning for the protection of public facilities and services from hazards in the Tigard Public Facilities Plan and Community Investment Plan. (1 yellow dot) POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone): Policies: Contemporary building codes protect the built 5.1.5 The City shall apply and enforce building code environment and human life from natural disasters standards to protect the built environment from such as earthquakes and flood events.[ natural disasters and other hazards. Other Building Blocks(actions and results) Action Measures: - Apply and enforce building code standards to 5.1.6 Recognize some existing buildings have not beery,,.-- protect the built environment from natural built to contemporary building code standards and disasters and other hazards. (3 green dots) seek ways to encourage their retrofit to modem codes. (1 green Dot) (Formatted:Bu and Numbering ) i • Recognize that existing buildings have not been built to contemporary building code standards and 5.1.7 Update and maintain a list of essential and critica4----{Formatted:Bullets and Numbs ) seek ways to encourage their retrofit to modern facilities to be used in hazards planning. codes](2 green dots, 5.1.8 Provide information and access to resources for property owners who wish to assess the ability of their buildings to withstand natural hazards. (1 green 1 yellow Dot) • • ---{Formatted:Top: 0.5" TIGARD COMPREHENSIVE PLAN POLICY BUILDING BLOCKS REVISED AS OF 6/21/2007 REVISED AS OF 7/16/2007 REVISED AS OF 8/10/2007 HAZARDS GOAL: 1. PROTECT PEOPLE AND PROPERTY FROM FLOOD,LANDSLIDE,EARTHQUAKE AND WILDFIRE HA POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone): Policies; Protect life and property from hazards by preventing 5.1.1 The City shall not allow development in areas or minimizing the risk of hazardous occurrences.I____ having the following_development limitations --- Comment:croup preference Is to define hazard areas by Map and not except where it can be shown that establi shed and by text.(2 green Dots) For the • Other Building Blocks (actions and results): proven engineering techniques related to a specific e9�i ee 9 c�Gaa iaz�a • Prevent development that would pose danger to site plan will make the area suitable for the Map: 1.MAP SCALE:The scale of the map life and property in areas where hazards cannot be proposed development: will have an Impact on whether a mitigated. (3 green dots) Areas having a severe soil erosion sen MAsitivP Ee laRROnds R::vIn iew is necessary. g � a. reas g potential 2. the evert that b. Areas subject to slumping,earth slides,or there is an error on our map,we are still covered by the text. • Developers have the burden of proof to show movement; that hazards can be mitigated to the extent c. Areas having slopes in excess of 25%;or necessary not to endanger life and property. (1 d. Areas having severe weak foundation soils. green dot, 1 yellow dot) 5.1.2 The City shall coordinate land use and public • Promote the use of non-structural approaches to facility planning with public safety providers (law hazard mitigation. (2 green dots) enforcement,fire safety,and emergency service providers) to ensure their capability to respond to • Land acquisition priorities on Thigh hazard areas Ito_ hazard events. (1_green dot) - Comment:Need to clarify the definition of high hazard areas. be used for recreation or open space purposes. (2 green dots) 5.1.3 The City shall promote the use of non-structural • approaches to hazard mitigation. (1 green dot) • Coordinate land use and public facility planning with public safety providers (law enforcement,fire Action Measures: safety,and emergency service providers) to ensure 5.1.1 Place land acquisition priorities on high hazard their capability to respond to hazard events. (3. areas to be used for recreation or open space green dots) purposes. (1 green dol) • • • Maintain accurate information regarding natural 5.1.2 Update and maintain accurate informadon_regardin€ hazard risks and past events. (2 green dots) L natural hazard risks and past events. -- Comment:Specify which maps are used,need to make it easy for the public to find relevant maps. 5.1.3 Publicize and maintain maps of high hazard areas._[_-- Comment:Although the maps may not be used to define high Hazard areas,the maps are very useful in POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: illustrating such areas. Policy Principle (Cornerstone): Policies: Public Facilities(need protection from destruction or 5.1.4 The City shall design and construct public facilities.--- Comment:What about enforcement on private facilities,i.e.private roads? damage by hazardous conditions. to withstand hazardous events with a priority on Comment:Define and add public • hazard protection of public services and facilities facilities to the gbssary list. Other Building Blocks(actions and results) that are needed to provide emergency response • Have as a priority hazard protection of public services. (1 green Dot) services and facilities that are needed to provide emergency response services. (3 green dots) Action Measures: 5.1.4 Address planning for the protection of public • Design and construct public facilities to withstand facilities and services from hazards in the Tigard hazardous events. (3 green dots) Public Facilities Plan and Community Investment Plan. (1 green Dot) • Retrofit existing facilities and services to contemporary standards to better withstand 5.1.4 Retrofit existing public facilities and services to ---{Formatted:Bullets and Numbering ) natural disasters and hazardous occurrences. (2 contemporary standards to better withstand natural green dots) disasters and hazardous occurrences. (1 green Dot, lyellow dot) • Community Issue:The citizens of Tigard are concerned about the future of public services, 5.1.5 Design and Implement a natural hazards home --- {Formatted:Bullets and Numbering ) which includes safety,schools and infrastructure. inspection program. * (1 yellow dot) • Address planning for the protection of public facilities and services from hazards in the Tigard Public Facilities Plan and Community Investment Plan. (1 yellow dot) POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone): Policies: Contemporary building codes protect the built 5.1.5 The City shall apply and enforce building code environment and human life from natural disasters standards to protect the built environment from such as earthquakes and flood events.L natural disasters and other hazards. -- Comment:Does the City have an inventory of hazardous buildings? Other Building Blocks (actions and results) Action Measures: • Apply and enforce building code standards to 5.1.6 Recognize some existing buildings have not been.,--- Comment:Is the degree of the codes enforced in Tigard above or protect the built environment from natural built to contemporary building code standards and below average?Should we strive to disasters and other hazards. (3 green dots) seek ways to encourage their retrofit to modem above average? codes. (1 green Dot) Formatted:Bullets and Numbering • • Recognize that existing buildings have not been built to contemporary building code standards and 5.1.7 Update and maintain a list of essential and critical---- Formatted:Bullets and Numbering seek ways to encourage their retrofit to modem facilities to be used in hazards planning. codes.[(2 Areen dots ---{Comment:Home Inspections -518--Provide information and access-to resources for t;---- comment:Natural Hazard Home property owners who wish to assess the ability of type v been Policy Interest re Bue de their buildings to withstand natural hazards. (1 green inspections tdsagainst easons: 1 yellow Dot)` 1.LIABILITY:If the City inspected a '1 home and found k to be"safe"from hazards,and the structure was later damaged during a hazard event,the ■ , City could be found Gable for the , damages. 2.EXPERTISE:To tell whether a • property owner Is truly safe from ' 1 hazards requtres expertise beyond ', that of the building Department.For example,a structural Engineer or I' geotechnical engineer has the knowledge to determine whether a house Is truly safe from earthquake or landslide hazards. • Fonnatted:Bullets and Numbering Formatted:Font:Not Italic • POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone): Policies: Protect life and property from the growing hazards of 5.1.6 The City shall enforce standards requiring the urban interface wildfires. creation and maintenance of defensible space around habitable structures located in wildfire Other Building Blocks (actions and results) hazard areas. (1 yellow Dot) • Education is a key component in reducing the risk of urban interface wildfire. (2 green dots) Action Measures: 5.1.6 Work with Tualatin Valley Fire and Rescue • Tigard Beyond Tomorrow Public Safety Goal 1, Community Safety Program to provide information • strategy#6 is that fire safety education will be and education about urban interface wildfire to effectively promoted in the community. (1 yellow Tigard citizens. (1 yellow Dot) dot) 5.1.7 Adopt the Tualatin Valley Fire and Rescue Wildfire • Work with the Tualatin Valley Fire and Rescue Hazard Map and implement(section R324 of the Community Safety Program to provide Oregon Residential Specialty Code (2 green Dots) ---- {comment:Add explanation information and education about urban interface wildfire to Tigard citizens. (1 green dot) • Enforce standards requiring the cutting of tall grass and combustible debris removal. (1 green, 1 yellow dot) • POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone): Policies: Reduce the risk to people and property from 5.1.7 The City shall comply with the Federal Emergency flooding. (1 green dot) Management Agency(FEMA) flood regulations, which include standards for base flood levels,flood Other Building Blocks (actions and results) proofing,and minimum finished floor elevations. (1 • Comply with The Federal Emergency green Dot) Management Association (1-'EMA) flood regulations,which include standards for base 5.1.8 The City shall prohibit any land form alterations or flood levels,flood proofing,and minimum developments in the 100-year floodplain which finished floor elevations,etc. (2 green dots) would result in any rise in elevation of the 100-year • floodplain. (1 green Dot) • Update flood information as it becomes available. Comment:This information needs to be easy for residents to access. (1 yellow dot) 5.1:9 The City shall not allow land form alterations or development within the 100-year floodplain outside • Comply with Metro Title 3 Functional Plan the zero-foot rise floodway unless: (1 green Dot) balanced removal fill requirements. (2 yellow dots) a. The streamflow capacity of the zero-foot rise floodway is maintainted,and • Protect natural drainageways and wetlands as b. Engineered drawings and/or valuable water retention areas and where possible documentation shows that there will be no find ways to restore these areas. (1 green dot) detrimental upstream or downstream effects in the floodplain area. • Community Value:The citizens of Tigard value trees and natural resources and feel that protecting 5.1.10 The City shall protect natural drainageways and these resources will benefit the community.* (1 wetlands as valuable water retention areas and green dot) where possible find ways to restore these areas. (1 green Dot) • Emergency access is important to maintain to • areas that are subject to flooding. (1 yellow dot) 5.1.11 The City shall comply with Metro Title 3 Functional Plan requirements for balanced fill and • Minimize impervious surfaces to reduce storm removal in the floodplain. (1 green Dot) water runoff. (1 yellow dot) 5.1.12 The City shall work with Clean Water Services to • Work with Clean Water Services to preserve the preserve the natural storm water drainageways to natural storm water drainageways to reduce the reduce the potential for flooding. potential for flooding. (1 green dot) 5.1.14 The City shall minimize impervious surfaces to reduce storm water runoff. (2 green dotf)I -- Comment:Moved from landslide section. Action Measures: 5.1.8 Continue to participate in the National Flood Insurance Program. • POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone): Policies: Protect people and property from slow moving and 5.1.13 The City shall retain existing vegetation in areas rapidly moving landslides. with landslide potential to the greatest extent possible. (1 green dot) Other Building Blocks(actions and results) - Deleted:5.1.14 The City shall minimize • impervious surfaces to reduce storm water • Retain existing vegetation in areas with landslide Action Measures; mnofr1 potential to the greatest extent possible. (2 green dots) • Enforce standards that prevent or minimize the potential for landslides. (1 green dot) POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: .Policy Principle (Cornerstone): Policies: Protect people and property from severe weather. 5.1.8 The City shall work to reduce the risk of loss of life and damage to property from severe weather Other Building Blocks (actions and results) events, • Metro defines severe weather as including "windstorms.severe winter hazards (e.g. snow, Action Measures: ice.prolonged cold).thunderstorms.tornadoes, drought.prolonged extreme heat and other weather conditions that disrupt vital regional systems and threaten lives and property." • Weather hazards are not included in the Statewide Land Use Planning Goal 7:Natural Hazards. • The usual predictability of these events reduces • -{Formatted:Bullets and Numbering their risk to life because people can take precautionary measures (Metro Regional Hazard Mitigation Policy and Planning Guide). • • POLICY BUILDING BLOCKS: GOAL: 2. PROTECT PEOPLE AND PROPERTY FROM NON-NATURAL HAZARDOUS OCCURRENCES. POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle (Cornerstone).: Policies: Non-natural hazardous occurrences can pose danger 5.2.1 The City shall design,construct,and coordinate the to human life and property.These events can surface transportation system to reduce the include: potential for mass casualty accidents and to provide • Mass casualty transportation accidents, the ability to evacuate when necessary. • Hazardous material releases, • • Severe storms', 5.2.2 The City shall encourage communication and =- Comment:Move tome natural • Terrorism, coordination among a wide variety of agencies to nazards goal - Deleted:and • Epidemics,and respond to technological and man-made disasters. Deleted: • Infestation. (1 green dot) Action Measures: Other Building Blocks (actions and results) 5.2.1 Update and maintain an inventory of locations • Design,construct,and manage the surface where hazardous materials might pose a danger to transportation system to reduce the potential for the public,including storage and transportation mass casualty accidents and to provide the ability areas. to evacuate when necessary. 5.2.2 Update and maintain the Emergency Operations • Quick response is a key to reducing casualties and Plan to ensure essential governance and public property damage from non-natural hazardous safety services are available during a disaster. occurrences. (1 green dot) 5.2.3 Continue to work with the Washington County • Medical treatment capabilities and capacity is Office of Emergency Management to educate important. citizens about disaster preparedness. • • Communication and coordination among a wide 5.2.4 Continue to implement the Community Emergency variety of agencies is a key element to respond to Response Team(CERT)Program for community human created disasters.Tigard Beyond members and City staff. I Tomorrow Public Safety Goal 3,strategy#2 is to coordinate Tigard emergency response providers. 5.2.5 Encourage projects that enhance medical treatment (3 green dots) capabilities and capacity. • A hazard mitigation plan coordinated with a variety of other agencies including the state and federal government is essential. • It is important to inventory the locations where the hazardous materials might pose a danger to the public. This includes storage areas and transportation routes. (2 green dots) • Public education,awareness and self-sufficiency are important. • • The key to recovery is the maintenance of essential governance and public safety services. • Maintain diverse,healthy,integrated systems. (2 green dots) • • • • r TIGARD 2027 City of Tigard Comprehensive Plan Resource Document A of the Tigard 2007 resource report provided a summary of community surveys and work completed by Tigard Beyond Tomorrow.The summary outlined a number of key issues and values that the community has identified and it forms a solid foundation for updating the City's Comprehensive Plan.Below is a list of community issues and values developed from Resource Document A (which can be found in its entirety at www.tigard-or.gov/2027). Please review the list as it will provide important background information when discussing goals,policies, and action measures. COMMUNITY VALUES • The citizens of Tigard value the location of the community and the ease of access to travel options. The citizens of Tigard value the safe and quiet residential atmosphere of the community and the character of their neighborhoods. The citizens of Tigard value trees and natural resources and feel that protecting these resources will benefit the community. The citizens of Tigard value the public services that are provided to the community, particularly the library,parks, senior center,and police. The citizens of Tigard value pedestrian and bicycle paths in the community and support the development of a well connected network. The citizens of Tigard value access to neighborhood parks and open space within a half mile from their home. The citizens of Tigard value access to bus service in the community. The citizens of Tigard value the community's downtown core and support investment to make improvements. • The citizens of Tigard value and understand their responsibility to participate as members of the community. 1 • The citizens of Tigard value access to educational opportunities for citizens of all ages. The citizens of Tigard value small and local businesses that contribute to a healthy economy. • COMMUNITY ISSUES The citizens of Tigard have identified traffic congestion as the top concern in the community. The citizens of Tigard are concerned about the maintenance of community streets. The citizens of Tigard are concerned about preserving community livability by minimizing neighborhood traffic. The citizens of Tigard are concerned about population increases and the impact upon the community. The citizens of Tigard are concerned about growth and development in the community and the compatibility between new and existing development. The citizens of Tigard are concerned with the community's appearance,particularly the downtown. The citizens of Tigard are concerned that the community's downtown is not living up to its potential. The citizens of Tigard are concerned about the impact of growth on the community's natural resources. The citizens of Tigard are concerned about the future of public services,which includes safety,schools and infrastructure. The citizens of Tigard are concerned about the lack of a recreation program and the number of parks in the community. 2 • 3. NATURAL FEATURES AND OPEN SPACE This chapter addresses a broad range of topics all having to do with the natural resources located within the Tigard Urban Planning Area. This chapter reflects the concerns expressed in several of the Statewide Planning Goals including: Goal #3 - Agricultural Lands; Goal #4 - Forest Land; Goal #5 - Open Spaces; Scenic and Historic Areas and Natural Resources; Coal #.7 - Areas subject to Natural Disasters and Hazards;and Goal#8-Recreational Needs. The natural environments within the planning area offer many opportunities for a unique and healthy urban development. Those environments, when viewed as a series of systems rather than isolated features, will provide Tigard with those elements necessary for a healthy place in which to live, work and play. Floodplain greenways, for example, can provide the community with an excellent system of open space links between neighborhoods and services, in addition to providing a relatively inexpensive system for storm water runoff. It is to the community's benefit that consideration be given to both the opportunities and the limitations of the various environments within the planning area. The natural environments included within the planning area all have their own respective limitations with regard to urbanization. Development pressure upon lands with such limitations can have profound effects on the environment. Erosion of steep slopes caused by inappropriate development,for instance,does not occur as an isolated incident. Soil type, permeability, vegetation and drainage all play major roles in and are effected by development. Likewise,the effects of inappropriate development located within the floodplain areas could have adverse effects on properties both up and down stream from the development site. The social, cultural and economic values of such resource lands could be reduced by the effects of urban development nearby. The limitations of the various environments should be considered in reviewing new development within the planning area. The recognition of the natural environment in the planning area and the development of findings and policies which address the characteristics of the environment are extremely important elements in the Comprehensive Plan. The purpose of this chapter is to define the parameters of the various natural environments in the planning area and to identify the limitations and opportunities inherent in those environments. Additional information on this topic is available in the "Comprehensive Plan Report: Natural Features and Open Spaces." 3.1 - - - • • e. _ • - _ • - • _• -.- . . . WETLANDS Findings and density of development which can be accommodated OR that property (carrying capacity). Combinations sash as steep slopes and unstable sells create severe development constraints- Excessive development in cask► physically limited areas greatly increases the potential severity of natural habitation of wildlife- Nonetheless; it is tee often removed and replaced by buildings OF•development- --- - - - -- - -_•.. . -• - , . -- - - - Increased runoff and sedimentation #em poorly developed hillsides can require increased public Vol. II, Policy 3-1 • • •. _•. •,.. _te: "-. .•:: ...t." • ••• _•:. : POLICY 3.1.1 THE CITY SHALL NOT ALLOW DEVELOPMENT IN AREAS HAVING THE FOLLOWING DEVELOPMENT LIMITATIONS EXCEPT WHERE IT CAN BE SHOWN THAT ESTABLISHED AND PROVEN ENGINEERING TECHNIQUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED DEVELOPMENT. (NOTE: THIS POLICY DOES NOT APPLY TO LANDS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP.): a. AREAS MEETING THE DEFINITION OF WETLANDS UNDER CHAPTER 18.26 OF THE COMMUNITY DEVELOPMENT CODE; b. c- e- • _ - • • _ - . (Rev.Ord.85-13; Ord.84-36) IMPLEMENTATION N STRATEGI S .rvrrccnrcrm��I c•4.. • ° • •- . .. ••• . . .._ -•--•. ' . . - - . . _. . ••• _ _ • _ ._ - _- . . - .. _. - . __ •. - ■. - -- _-.- _ = • 4-. site specific sell surveys and geologic studies Where potential hazards are identified based upon A• • •- - - •::• ' - -•• special design considerations and mesures be taken to offset the soil and geologic - • -- _- - .. :- .. -.. (Roy.Ord.86.13) 34 - Findings Vol. II, Policy 3-2 • tip- • -- = - - - : -- - - --- - -= - -- - - - -- -- - - - =- - - -- __ preperties d • - - - - = • •: •--- : : -••-- - :- t: - - = - -- : • -- . Fleedlevels - - - - - = , - = --- --- - - - : el! le - -= - - --- - - -•:. l#•flooding-occurs- • - , • - = - -•= , • •- -=•. -•- - ••- = - = •• = • --•• - - -- fate- •= - -- = - = levels-= ': = - . . . . . . ... . . . . .. . . . . . T h e-federal The Eity e# Tigard surrsatly has ordinances, policies and standards within the Tigard De nity are-taken, e e :. ::_-:_ • . (Roy.Ord.85 13) POLICIES 4 -- - _- • - -•- _ • • _ • . - e. _ e- _ - • -- 420-YEAR FLOODPLAIN WHICH WOULD RESULT • • • - - • - - • •• e- -- 100 YEAR FLOODPLAIN. 344 THE CITY SHALL: RM ALTERATIONS AND DEVELOPMENT IN THE FLOODWAY*, - _ - • .. . .�_. �- b A66OW LAND FORM ALTERATIONS AR DEVELOPMENT IN THE FLOGDPLAINI OUTSIDE THE ZERO-FOOT RISE FL000WAY* WHICH PRESERVE OR ENHANA THE FUNCTION OF THE ZERO FOOT RISE FLOODWAY*PROVIDED: Vol. II, Policy 3-3 • 4, TI4E. LAND FORM AI T- RA�, ON AND/OR DEVELOPMENT ENT IS IN AN AREA DESIGNATED GNATTED OR INDUSTRIAL ON THE COMPREHENSIVE SIVC SATISFIED;OR tG THE LAND FORM ALTERATION AND/AR DEVELOPMENT IS ASSOCIATED WITH COMMUNITY RECREATION EAATIIO N USES, UTILITIES, OR PUBLIC SUPPORT FACILITIES AS DEFINED IN CHAPTER 44,42 OF THE COMMUNITY DEVELOPMENT CODE AND THE FACTORS SET FORTH IN POLICY 3.2.3 CAN BE SATISFIED. 3-24 LAND FORM ALTERATIONS AND DOVE OPMENT ARE ALLOWED INITNIN THE 100 YEAR FLOODPLAIN* OUTSIDE THE ZERO FOOT RISE FLOODWAY*, THE CITY SHALL te REn, rRE a: THE STREAMFLOW CAPACITY O€ THE ZERO FOOT RISE FLOODWAY* EE MAINTAINED; bI, - _ ' --' _■ ■! . • __ ■ • ■ e! ■e_ - _. . .• __e . • _ - - -r - BE NO DETRIMENTAL UP-STREAM OR DOWNSTREAM EFFECTS 414 THE FL00BPLAIN* AREA, AND THAT THE CRITERIA SET FORTH IN THE SENSITIVE -- e■- - LAND ABUTTING RESIDENTIAL LAND WI41414 ADEQUATELY SCREENS THE d- THE CONSIDERATION OF DEDICATION OF OPEN LAND AREA FOR GREENWAY ■ . _ e e e*- • * • _ ■ • _ -a' ea _ . . __ _ - - - a• FOR THE CONSTRUCTION CIF A PEDESTRIAN/BICYCLE PAT-W{AY `^/—HIN THE FLOGDPLAIN* IN ACCORDANCE WITI4 THE PEDESTRIAN BICYCLE PnTHW Y-- AN 3 2 T THE GIT-Y SHALL PROHIBIT DEVELOPMENT WITHIN AREAS DESIGNATED SIGNIFICANT A T14 � � NO FIVE (26) FEET OF THE DESIGNATED WETLANDS AREA. DEVELOPMENT ONI PROPERTY ADJACENT TO SIGNIFICANT WETLANDS SHALL BE ALLOWED UNDER THE PLANNED - ANNED 34,6 THE CITY SHALL REQUIRE THE CONSIDERATION OF DEDICATION OF ALL UNDEVELOPED LAND WITHIN THE 100 YEAR FLOOD-PLAIN PhUS SUFFICIENT OPEN LAND FOR CREENWAY PURPOSES SPECIFICALLY IDENTIFIED FOR RECREATION WITHIN THE PLAN. .. 3.3 NATURAL RESOURCES Findings • Currently, there are extensive rock and gravel extraction areas located to the north and west of Tigard's planning area within Beaverton and Washington County. (Rev.Ord.01-07) • There is one active mineral or aggregate resource within the Tigard Planning Area, known as the Durham Pits,which is operated by Washington County. Vol. II, Policy 3-4 • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes August 20,2007 1. CALL TO ORDER President Inman 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. 2. ROLL CALL Commissioners Present: President Inman; Commissioners Anderson,Caffall,Doherty, Fishel, Hasman,Muldoon,Vermilyea, and Walsh Commissioners Absent: Staff Present: Ron Bunch,Assistant Community Development Director;Darren Wyss, Associate Planner; Duane Roberts,Associate Planner;Marissa Daniels;Assistant Planner; Jerree Lewis, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS Commissioner Walsh advised that the Tree Board will have a workshop with the Planning Commission in September. The Board has been working on the goals,policies, and action measures for the management and preservation of trees and other vegetation. Walsh provided copies of the working draft to the Planning Commission. The Tree Board received input from the Policy Interest Team, staff,and the Homebuilder's Association. Commissioner Caffall reported on the Committee for Citizen Involvement. He reported that the neighborhood webpages are almost ready to go. It's anticipated that everything will be online by the first of the year. The CCI is scheduled to present changes to their membership requirements to Council tomorrow night. The Hwy. 99W Committee will meet in the next few weeks to review ODOT material. APPROVE MEETING MINUTES None 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00001 PLANNING COMMISSION MEETING MINUTES—August 20,2007—Page I • • Tigard Comprehensive Plan Update of Statewide Planning Goal 6:Air,Water, and Land Quality Resources, Goal 8: Recreation Needs, and Goal 13: Energy Conservation REQUEST: Amendments to the current Comprehensive Plan Topics 3: Natural Features and Open Space; 4: Air,Water, and Land Resources Quality; and 9: Energy by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard- or.gov%code_ amendments. LOCATION: Citywide. ZONE: CBD, C-G, C-P,I- H, I-L, I-P, MUC,MUE,MUE-1, MUE-2, MUR-1,MUR-2,R-1, R-2,R-3.5, R-4.5, R-7, R-12, R-25. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.380, 18.390, 18.705, 18.715, 18.765, 18.775 and 18.810; Comprehensive Plan Policies 2,3 & 4; Metro Functional Plan Title 3 and 13; and Statewide Planning Goals 1, 2, 5 and 6. STAFF REPORT Darren Wyss reported that this proposed amendment will replace current topics 4 and 9 of the Comprehensive Plan in their entirety; and for topic 3,policies 3.5.1, 3.5.2, 3.5.3, 3.5.4, 3.6.1, 3.6.2 will be replaced. Changes requested at the July 16th Planning Commission meeting have been incorporated into the proposed language (Exhibit A). Staff has reviewed the proposed amendment according to the applicable review criteria and finds that it satisfies the Community Development Code, the Tigard Comprehensive Plan, the Metro Urban Growth Management Functional Plan, and the Statewide Planning Goals. Outside agency comments have been received. DLCD recommended a couple of clarifications which are found in the staff report. Other agency comments and Comprehensive Plan Update Department Review Team recommendations are also included in the staff report. Wyss detailed revisions to the language since the July 16th Planning Commission meeting. Duane Roberts reviewed proposed changes to the Parks, Recreation,Trails, and Open Space chapter (Exhibit B). He advised that the second revision requested by Sue Bielke is already in the proposed language. It was requested that the term "non-native plants" in 8.1.xxxii be replaced with the term "invasive species." Sometimes a non-native species may be better suited in an area than a native species. It was clarified that 8.1.xxi is not meant to eliminate existing programs for the Senior Center and Library. It is attempting to provide additional programs. Commissioner Doherty encouraged the use of signs in sensitive areas to discourage such things as dogs and litter. PLANNING COMMISSION MEETING MINUTES—August 20,2007—Page 2 • • PUBLIC TESTIMONY—IN FAVOR Carl Switzer, 10310 SW Hoodview Drive,Tigard 97224 testified that he has been chairman of the Parks and Recreation Advisory Board and a member of the Policy Interest Team (PIT) for Parks and Recreation. He believes it is intolerable that there is no funded recreation program in Tigard. The PIT put forth recommendations for the Comprehensive Plan. Subsequently, staff has red lined them. He encouraged the Commission to incorporate the PIT comments rather than the staff comments, e.g., 8.1.13. This will provide guidance in the future to provide publicly funded recreation in Tigard. Another policy that he would like to see reinstated is 8.3.1. Switzer encouraged the Commission to support citizen input. When asked how much money it could take, he said the City could start small and grow from there. There are ways to fund a recreation program— establish a special district, such as Tualatin Hills Parks and Recreation, which is a separate taxing entity that provides all of its own facilities, maintenance, and programming; use a combination of general fund dollars and user fees, along with additional grants;join with a neighboring special recreation district and share the cost of providing service;work with a private entity like Sherwood has done with the YMCA. Switzer couldn't provide an estimate of how much it would cost to start a recreation program. However; he did say that he believes the Comprehensive Plan is a guiding, visionary document that will lead us through the next 20 years. If we don't have language that supports and asks for or maybe'even requires a recreation program,we'll never see it in Tigard. Concern was raised about the language obligating the City to provide facilities and a full scale program if there isn't adequate funding. Switzer said that Tualatin Hills Park and Recreation District has been around for many years. They did not start with everything that they have now. This proposed language doesn't say anything that would handcuff the City; the spirit is that Tigard will invest in public recreation in some capacity. Switzer said it's not anyone's intention to place an undue burden on the City and how the process works isn't as important as having it clear in the Comprehensive Plan that there's something that can be implemented. The City's consultant found favorable results for a recreation program and the Park and Recreation Advisory Board (PRAB) has spent a lot of time working on this. Public meetings were held and a number of people expressed support for a program. John Frewing, 7110 SW Lola Lane,Tigard 97223 supports Mr. Switzer's ideas. There has been a survey and there is significant support for a recreation program in the City. The PLANNING COMMISSION MEETING MINUTES—August 20,2007—Page 3 • • language is only asking the City to consider seeking voter approval. He believes the language of the PIT should be reinstated. Frewing noted that the 2004 survey indicated that citizens would rather pay for open spaces than recreation facilities and programs. He believes that both should be included in the Comprehensive Plan. Frewing is concerned about the adoption process for the Comprehensive Plan. The Comp Plan is an integrated document. He thinks the Planning Commission should recommend to City Council that they tentatively adopt these chapters and when it's all done, bring it all back together to check for issues of integration to see if anything has been missed. He equated the process to signing a contract with only seeing the first page of the contract. Council should give tentative approval and reserve final approval until the whole package is done. Staff advised that when the language is adopted by Council, it will replace the existing language in the Comprehensive Plan. We are replacing existing language in the Comp Plan piece by piece. At the end of the process,if there parts of the plan that seem to be disjunctive or create a conflict, then it is possible to go through the amendment process to make changes. Staff is looking at the policies very carefully to make sure they're integrated. One reason we're going through the adoption process bit by bit is that we need the tools to start building a policy base to do such things as adopting a new tree code. Changes to the Comprehensive Plan can be approved in parts. PUBLIC HEARING CLOSED The Commissioners deliberated the proposed language at length. It was noted that the Parks and Recreation Policy Interest Team was put together for the specific purpose of analyzing issues,developing data, developing answers, and making recommendations. The most desirable outcome is that the City has a fully functioning Parks and Recreation system. The recent visit to Port Moody,B.C. was mentioned. The recreation program in Port Moody has been in place for quite awhile and is making money. They have been able to expand their program. Commissioner Vermilyea commented that the intent of proposed language is to have a high quality program served by high quality facilities. It is not the purpose of the Planning Commission to determine how it is going to be funded or what it will look like. The purpose is to decide whether this is important enough to establish goals and policies for putting a recreation program together. The details can be worked out by policy makers. The Commission took a break so staff could work out new language to capture what the Commissioners have been discussing. When the meeting reconvened, the Commissioners PLANNING COMMISSION MEETING MINUTES—August 20,2007—Page 4 • • moved on to agenda item#6 [see agenda item #6] until staff was finished with the new language. Motion by Commissioner Vermilyea, seconded by Commissioner Caffall, to reopen the public hearing. The motion was approved as follows: AYES: Anderson,Caffall, Doherty, Fishel,Hasman, Muldoon,Vermilyea,Walsh NAYS: None ABSTENTIONS: Inman EXCUSED: None PUBLIC HEARING REOPENED John Frewing would like to add an item #D to Policy #1 of the Energy chapter to read, "Orient new transportation capabilities to facilitate the broad use of commuter rail." When new streets are planned, they should provide parking for commuter rail. For 8.2,Policy#1, Frewing suggested adding the word "schools." He believes the trail system should be connected to schools. Staff advised that the City has received funding to identify shortcuts within the older areas of the City,which would include safe routes to schools and trails leading to schools. Commissioner Doherty suggested checking with the school district first to see if they have concerns about safety. For action measure 8.2.vii,Frewing would like to add the words,"open space tracts and neighborhood common areas." A number of subdivisions have open space tracts and common areas. He would like these identified on Tigard's trail map. President Inman questioned this from a liability standpoint. A lot of open spaces in Planned Developments and common areas are not open to the general public because it introduces a liability to the homeowners. The homeowners probably would not want them identified on a published map. Frewing said the intent is to know that they exist for the purpose of eventual trail construction if it's acceptable to the neighborhood association or whoever controls it. Motion by Commissioner Vermilyea, seconded by Commissioner Caffall, to close the public hearing. The motion was approved as follows: AYES: Anderson, Caffall, Doherty,Fishel, Hasman,Inman, Muldoon,Vermilyea, Walsh NAYS: None ABSTENTIONS: None EXCUSED: None PUBLIC HEARING CLOSED After more discussion, the Commissioners recommended the following revisions to the proposed language: PLANNING COMMISSION MEETING MINUTES—August 20,2007—Page 5 • • • Goal 8.1, Policy #13 shall read, "The City shall identify funding to build recreation facilities and provide a full service recreation program." • Goal 8.1x shall read, "Consider seeking voter approval, as early as November 2008 and no later than November 2010, to fund needed park and open space acquisitions and improvements." • Goal 8.1xix shall read, "Consider voter approval to fund needed recreation facilities and a recreation program." • Goal 8.1xx,xxi, xxii—delete all 3 action measures. • Goal 8.lxxxiii, amend to read, "Remove and control invasive species and noxious weeds in natural areas." • Goal 8.3ii is now 8.3i. • Add an additional action measure under Goal 8.3—"ii: Identify potential partners including school districts, special service districts,private providers, etc., for the provision of recreational programs." • Goal 8.3,Policy #1 will read, "The City shall establish a recreation program served by high quality community facilities." • Goal 8.3,Policy #2 shall be deleted. • Goal 8.3, add an action measure, "iii: Work with the community to assess appropriate elements for a recreation program." • Goal 8.lxxxii, delete 'When feasible and appropriate." • Goal 8.lxxxiii, delete "where feasible and appropriate." • Goal 8.2vii, delete "If adequate resources are available." • Goal 8.1 xxxii, change the word `studies' to `surveys'. • Goal 8.1xi, delete "when feasible." • Goal 8.1xxiv,delete "When feasible and appropriate." Per John Frewing's request,it was suggested to add item D to policy 1 "Orient additional transportation improvements to encourage the use of commuter rail." Staff recommended PLANNING COMMISSION MEETING MINUTES—August 20,2007—Page 6 • • not including the language in this Chapter. There is a transportation section that will be coming to the Commission in the future. It deals specifically with public transportation, trails, and other elements of the transportation system. It would be a more appropriate place to address commuter rail. It was asked if it would be sufficient to take it out of the energy section and just leave it in the transportation section. Staff said that the transportation policy encompasses everything— commuter rail,buses, and other public transit. This would be a more appropriate section to address specific issues about commuter rail. The Downtown section of the Comprehensive Plan also deals with activities around the commuter rail station. Ron Bunch advised that the City will be updating the Transportation System Plan. One component of that is energy reduction through use of transit and other kinds of system management programs. After more discussion,it was decided to leave the language as is. With regard to open spaces and common areas and their relationships to the trail inventory system, the Commissioners determined that it has been addressed with the language in 8.2.vii. The language will be left as is. The Commissioners discussed whether to add schools to the network of trails and paths in Policy 8.2.1. They decided to leave the language as is, not adding schools to the list. It was suggested to delete the words "when able"under 8.lxxiii. After discussion, the Commissioners decided to leave the language as is. Motion by Commissioner Vermilyea, seconded by Commissioner Cattail, to forward a recommendation of approval to the City Council of application CPA 2007-00001 and document findings and conditions of approval contained in the staff report as amended,based on the testimony we've heard and the discussion of the Commission as memorialized in the minutes of the meeting this evening. The motion was approved as follows: AYES: Anderson, Caffall,Doherty,Fishel,Hasman,Inman, Muldoon,Vermilyea,Walsh NAYS: None ABSTENTIONS: None EXCUSED: None 6. COMPREHENSIVE PLAN WORKSHOP -HAZARDS Marissa Daniels reported on the draft goals, policies, and action measures of the Hazards section of the Comprehensive Plan (Exhibit C). She provided information on how the draft language was developed. Daniels advised that the opinions of the PIT agree with those of staff on all but 2 issues. The first is the way in which we define high hazard areas. The Hazards PIT prefers that hazard areas be defined by map for all hazards. Currently, the floodplain is defined by FEMA map and landslide prone areas are defined by text. Staff recommends against defining hazard areas by map, as map error and map scale may interfere with the accuracy of hazardous conditions. PLANNING COMMISSION MEETING MINUTES—August 20,2007—Page 7 • • The second issue is the creation of a natural hazards home inspection program. The PIT proposes that the building department offer home inspections to property owners to check for possible vulnerability to natural hazards. The building department does not currently have the expertise to evaluate homes on this level. Frequently, a geotechnical or structural engineer is needed to determine whether a home is at risk. Implementing this program will require the creation of one or more new positions and would have budgetary consequences. Staff is also concerned about the liability involved in determining whether or not a home is at risk of natural hazards. Commissioner Muldoon asked about a hazard mitigation methodology for buried utilities. He also asked about a mechanism for identifying likely flat roof collapse during severe weather and how it could be shared with the public. Daniels advised that underground utilities issues would be covered in the Public Facilities section of the Comp Plan. Regarding flat roofs, she noted that severe weather isn't just ice and wind;it also includes things like drought and extreme heat. In the Comp Plan, once we start specifying one thing, such as flat roofs,it could open the door to a host of other possible problems. She believes it's better to deal with it in the Mitigation Plan which will identify particular action items. Also, hazard response is not covered in the Natural Hazards section of the Comp Plan;it is covered in the Public Safety section of Public Facilities. Muldoon is interested in an action measure so that during times of severe weather, there would be public information on the possibility of roof collapse. Staff said they could add an action measure in the Public Safety section. Comments from the Planning Commission (responses are in italics): • Use sub-headings for each of the hazards to make it more readable. • Under key findings,it states that as of June 2006,Tigard owns 35% of the 100-year floodplain. What is the breakdown of the remaining portion? Pot-lions are in the public sector;the school district also owns property in the floodplain. Staff can break out the information for the Commission. • Clarification was requested for Policy#9 (zero-foot rise floodway). It meansyou can't put any fill in a floodplain. Ifyou put a shovelful of dirt in,you have to take a shovel of dirt out— zero net rise. • For Policy #13, replace native with non-invasive species. • For action measure vi, does that include business practices? For example, there is an auto wrecking yard along Hwy. 99W close to Sherwood in the 100-year floodplain. During the last flood, cars were floating and obviously polluting the water. Perhaps we could add an action measure to encourage changes to business practices that would be consistent with water quality standards or as set forth by EPA or DEQ. It could be addressed in several different chapters, but ultimately, the Development Code determines whether or not a hazardous storage facility would be allowed within a 100 year floodplain or on an adjacent property. • Regarding 7.21, how often is the Tigard Emergency Operations Plan updated? Staff will find out. Staff advised that Goal 7.2 goes above and beyond the Statewide Planning Goal. The Statewide Planning Goal addresses only natural hazards and does not mention severe weather. • The policy for business practices discussed earlier could also be applicable under 7.2. PLANNING COMMISSION MEETING MINUTES—August 20,2007—Page 8 • • • TVFR always has current emergency response guides. This, in some ways,parallels that. • Does Goal 7.2 adequately address live drills for citizens? The City offers a CERT program which covers specific training for citizens. Other than that, we work with U'ashington County for our emergency education/twining. 7. OTHER BUSINESS President Inman reminded the Commissioners that when they take a break, they should not be discussing the hearing item(s) outside of the public realm. Comments need to be on the record. The Commission returned to Agenda Item #5.1. 8. ADJOURNMENT The meeting adjourned at 10:42 p.m. Jerree ..ewis, Planning Commission Secretary a ATI'EST: President Jodie Inman PLANNING COMMISSION MILTING MINUTES—August 20.2007—Page 9 • EXHIBIT A Environmental Quality Environmental Quality addresses the quality of air we breathe, water in aquifers, wetlands, streams and lakes and the responsible management and disposal of waste. Environmental quality is essential for a high quality of life including a strong and sustainable economy. Therefore, Portland metropolitan area governments and agencies, in cooperation with state and federal governments, have developed systems to address urban development's impacts on air, water and land resource quality. This includes measures to prevent environmental degradation and the need for conservation. Statewide Planning Goal 6 requires Oregon jurisdictions to adopt Comprehensive Plans that provide goals and policies as the basis to manage development's impacts on air,water and land resources Goal 6: Air,Water and Land Resources Quality `To maintain and improve the quality of the air, water and land resources of the state." The community's vision is for a future where the character and livability of Tigard is enhanced by the quality of the surrounding environment. The citizens know the importance of participating in regional partnerships, of ensuring the natural resource systems function to provide clean air and water, and of developing land use patterns and a multi-modal transportation system that reduces the dependency on the automobile. Furthermore, it is recognized that expected population growth in the region will require further effort and innovation to protect environmental quality. At the local level, Tigard can protect environmental quality by ensuring its land use policies, codes, and standards are up-to-date with contemporary best management practices;that it is compliant with state and federal environmental laws and administrative rules; and that it leads by example in employing environmentally sound and sustainable practices in its municipal operations. The City also has an opportunity to educate its citizens of how changes in daily life can improve environmental quality. Section 1: Air Resources Quality Clean air is essential for human well-being. Furthermore, if a region violates federal and state clean air rules there can be significant negative impacts on the economy as a result of mandated actions to improve air quality. To ensure access to clean air, the federal Clean Air Act was created as the primary regulatory framework for national, state and local efforts to protect air quality. Under the Clean Air Act, the Environmental Protection Agency (EPA) is responsible for setting standards, known as National Ambient Air Quality Standards (NAAQS), for pollutants considered harmful to people and the environment. Air quality planning is focused on meeting the NAAQS and setting deadlines for meeting these standards. The Oregon Department of Environmental Quality (DEQ) is responsible for protecting Oregon's air quality by issuing permits, developing programs, and monitoring air pollution to ensure communities meet the NAAQS and to protect Oregon's pristine views. Air pollutants identified in the 2005 DEQ Air Quality Report as the greatest concern in Oregon are: • Ground-level ozone, commonly known as smog; • Fine particulate matter (mostly from wood smoke, other combustion sources, cars and dust); • Hazardous air pollutants (also called Air Trades);and Energy Conservation Planning Commission Hearing 1 CPA2007-00001 • EXHIBIT A • Carbon monoxide (mostly from motor vehicles). As air quality does not know political boundaries, regional efforts were established to monitor and plan for pollutants. The City of Tigard is part of the Portland Area Airshed (PAA),which is defined by the Metro service boundary. The DEQ is responsible for ensuring the PAA meets the national standards and developing the necessary plans to continue compliance. Currently, the PAA meets all NAAQS standards (three-year averages are used to determine attainment/non-attainment of the standards: eight-hour ozone, particulate matter, and carbon monoxide). However, DEQ is required to develop maintenance plans for carbon monoxide and ozone to ensure continued compliance. At the local level the City can have a positive impact on air quality. Land use, transportation and public facility planning can promote land development patterns and transportation systems that reduce dependence on the automobile. The city can coordinate with the Oregon Department of Environmental Quality to ensure that industries requiring DEQ permits comply with state and federal regulations. Also, the city can protect existing natural areas and mature trees and promote and participate in tree planting efforts. Vegetation has the natural ability to convert and sequester carbon dioxide and produce oxygen. Trees and shrubs can also serve to screen and buffer dissimilar land uses and attenuate noise pollution. The city can also ensure its codes and regulations prevent and mitigate other negative air quality impacts associated with urban development such as visible emissions, odors,glare and heat. Key Findings • Within urban areas, air quality is often much worse along major roadways. • DEQ has issued six active Air Contaminant Discharge Permits (ACDP) within the City to regulate minor sources of contaminant emissions. • Motor vehicles are now the primary source of air pollution in Oregon and due to population increases, the number of miles driven daily by Tigard residents has increased 67%since 1990. • The primary sources of household pollutants in Tigard include wood burning fireplaces, and lawn and garden equipment. • The Oregon Legislature adopted a number of specific measures to address air quality in the region. • The citizens of Tigard value trees and natural resources and feel that protecting these resources will benefit the community. Goal 6.1 Reduce air pollution and improve air quality in the community and region. Policies 1. The City shall ensure that all development complies with or exceeds regional, state, and federal standards for air quality. 2. The City shall support regional and state plans and programs to attain regional, state, and federal standards for air quality. 3. The City shall promote land use patterns which reduce dependency on the automobile, are compatible with existing neighborhoods, and increase opportunities for walking,biking, Energy Conservation Planning Commission Hearing 2 CPA2007-00001 • • EXHIBIT A and/or public transit. 4. The City shall continue to investigate and implement practices that reduce air pollution associated with municipal operations. 5. The City shall cooperate with other public agencies to minimize localized transportation impacts to air quality through intersection improvements,access management,intelligent transportation systems,etc. 6. The City shall encourage the maintenance and improvement of open spaces,natural resources, and the City's tree canopy to sustain their positive contribution to air quality. 7. The City shall improve the Environmental Performance Measures to minimize impacts from noise and light pollution. 8. The City shall encourage citizens to modify their household actions, through education and incentives, to reduce emissions. This may include alternatives for heating,lawn and garden equipment, and transportation. Recommended Action Measures i. Perform a land use analysis to identify residential zones that could potentially accommodate mixed use or neighborhood commercial development. ii. Adopt and implement development regulations that include provisions or incentives for alternative transportation use,particularly in Metro designated corridors and centers. iii. Perform a sidewalk inventory that results in a city-wide GIS layer to be used for gap analysis and the creation of a sidewalk improvement plan. iv. Work with TriMet to identify underserved neighborhoods and find the funding to add service in these areas. v. Pursue funding for intersection improvements, access management controls, and intelligent transportation systems that would help to reduce congestion. vi. Expand the free street tree program by actively engaging neighborhoods and creating a pool of community volunteers to help with the plantings. vii. Place educational materials in the schools,Tigard Public Library, and City Hall that demonstrate actions individuals can implement to help improve air quality in the community. viii.Research "dark skies"regulations from other municipalities and develop standards for Tigard. ix. Research the feasibility of a buyback program for older wood burning stoves. x. Research the feasibility of banning gas-powered leaf blowers and a buyback program for petroleum powered lawn equipment. xi. Develop an ongoing committee to evaluate a Tigard public transportation system Energy Conservation Planning Commission Hearing 3 CPA2007-00001 • • EXHIBIT A that would connect underserved neighborhoods with TriMet routes. Section 2: Water Resources Quality The quality of the water in our aquifers, streams, rivers, lakes, and wetlands is important to the health and welfare of the community, as well as the fish and wildlife that rely on clean water for habitat. To limit harmful impacts from human activities on water quality, the Clean Water Act (CWA) was enacted. It regulates the discharge of pollutants into waterways through National Pollutant Discharge Elimination System (NPDES) permits. In the State of Oregon, the Department of Environmental Quality (DEQ) has been charged with establishing standards, regulating, and monitoring Oregon's waters for compliance with the CWA and NPDES. Large municipalities typically have NPDES permits for their wastewater treatment facilities and for stormwater runoff, called a Municipal Separate Storm Sewer System (MS4) permit. In urban Washington County, which includes the City of Tigard, the permits have been combined and are held by Clean Water Services (CWS). The combined permit was issued for the entire Tualatin River watershed to guide a basin-wide effort to improve water quality. It requires CWS to submit a Stormwater Management Plan and a Wastewater Management Plan to DEQ. These two plans outline the best management practices that CWS,its member cities, and Washington County commit to employ to reduce pollutant discharges, regulate temperature, and comply with any Total Maximum Daily Load (TMDL) levels that have been established. The City of Tigard is a co-implementer of the permits and associated plans through an Intergovernmental Agreement (IGA) with CWS. The IGA outlines the functions the City must perform that are critical to the operation, maintenance, and management of stormwater and wastewater facilities and to ensure compliance with the CWA. Separate from the NPDES permit process, Clean Water Services has developed a Surface Water Management Program to manage non-point source pollution impacts on water quality. The Healthy Streams Plan, a public education program, and watershed restoration projects are among the several activities undertaken to improve the water quality of streams and wetlands within the Tualatin River basin. The City also has an important role in improving water quality. For example, it has committed staff and resources to implement the Healthy Streams Plan. This involves ongoing efforts to restore stream health and associated riparian areas, educating the public about how individual actions can improve water quality, and coordinating policies and actions with other jurisdictions and agencies. These actions help maintain compliance with Metro's Urban Growth Management Functional Plan Titles 3 and 13 and implement the Nature in Neighborhoods Program. Tigard also seeks to improve water quality by adopting land use policies and regulations to prevent erosion and protect floodplains and other sensitive lands including tree groves,wetlands, and stream corridors. Land use regulations can also help reduce water pollution by reducing impervious surfaces, and requiring storm water retention and treatment on-site. Also the City can provide education about how low-impact development and green building techniques can conserve water and protect water quality. Furthermore the city maintains a sewer extension program to connect properties to the city sewer system that rely on septic tanks and drain fields. Energy Conservation Planning Commission Hearing 4 CPA2007-00001 • • EXHIBIT A Key Findings • Water quality in the Tualatin River basin has been generally improving since the 1970s, despite • continued urbanization in the watershed. • In 2006, Oregon DEQ characterized both Fanno Creek and the Tualatin River as having"poor" water quality within the City of Tigard. However, this is an improvement from the "very poor" ranking received in 1995. • Non-point sources are the largest contributors to water pollution in both Oregon and the Tualatin River basin. • Within Tigard,run-off from impervious surfaces,pet waste, and erosion/sedimentation are the most problematic non-point sources of pollution. • To enhance water quality, the City has and active program of tree planting,water quality facility construction (vegetated swales and retention basins), and stream corridor and wetland enhancements. • The citizens of Tigard are concerned about the impact of growth on the community's natural resources. Goal 6.2 Ensure land use activities protect and enhance the community's water quality. Policies 1. The City shall ensure that all development complies with or exceeds regional, state, and federal standards for water quality. 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. The City shall encourage the use of low impact development practices that reduce stormwater impacts from new and existing development. 4. The City shall protect,restore, and enhance, to the extent practical, the natural functions of stream corridors, trees,and water resources for their positive contribution to water quality. 5. The City shall implement measures to minimize erosion and storm run-off from development sites during and after construction. 6. The City shall continue to collaborate on educating the public of techniques and practices private individuals, commercial businesses, and industrial operators can employ to help correct water quality issues. 7. The City shall investigate and use, to the extent practical,green street concepts new streets,or retrofit cxi3ting 3trccta and other measures that limit the community's effective impervious area. 8. The City shall lead by example and develop green concepts for stormwater management at Energy Conservation Planning Commission Hearing 5 CPA2007-00001 S • EXHIBIT A City facilities. 9. The City shall encourage the Oregon Department of Transportation and Washington County to improve the quality of stormwater run-off from their facilities. 10. The City shall continue to facilitate the extension of the City's wastewater system to neighborhoods without service within the Tigard Urban Service Area,provided: A. Properties benefiting from the extension pay their fair share of the cost;and B. Annexation occurs prior to any property receiving service. Recommended Action Measures i. Research and implement incentives that encourage development to minimize impervious surface coverage. ii. Continue to implement the CWS Healthy Streams Plan. iii. Work with the Tree Board to develop an urban tree management and preservation program that increases the canopy cover in Tigard. iv. Continue to inventory outfalls from non-treated stormwater systems and identify alternatives for improving the water quality released from them. v. Purchase properties located within the 100-year floodplain and develop a management plan that will allow for their natural function in removing pollutants from the stream system. vii. Develop baseline measures of effectiveness to ensure erosion control measures are working during the construction phase. viii.Research the feasibility of a grant program that would provide funds to organizations to develop educational programs. ix. Research the need and feasibility of public restrooms to provide sanitary facilities for the City's homeless population. x. Install signage and doggie pooper bags to encourage the clean up of dog waste in public parks. xi. Evaluate the City's street cleaning practices to ensure they ate performing up to their intended results. xii. Research the feasibility of a commercial parking lot cleaning program and incentives for new development and retrofits to use green concepts during parking lot construction. xiii. Educate the public about effects of flushing pharmaceuticals and develop a program to collect and properly dispose of them so they do not reach and contaminate our streams. Energy Conservation Planning Commission Hearing 6 CPA2007-00001 • • EXHIBIT A Section 3: Land Resources Quality Modern life inevitably leads to the production of waste. From the point in time when cities are first developed, and continuing throughout their occupancy, by-products of human activity must be collected and properly disposed of to protect the health of both people and the natural environment. To accomplish this, the state of Oregon and Metro has partnered to create laws, rules and programs to direct reduction and efficient removal of waste. The Oregon Department of Environmental Quality (DEQ) is responsible for with ensuring compliance with state rules and statutes. DEQ is also responsible for preparing the Oregon State Integrated Resource and Solid Waste Management Plan. Within the Portland Metropolitan Region, Metro has the responsibility for oversight and management of solid waste collection and disposal. This includes the responsibility to prepare and update the Regional Solid Waste Management Plan. The regional plan establishes the framework for coordinating most solid waste collection and disposal programs, directing waste reduction and recovery efforts, identifying roles and responsibilities, and fulfilling DEQ's requirement that the region have an overall waste reduction plan. The Regional Plan is also responsible for recommending ways to address the solid waste management impacts of future population and employment growth. Tigard participates in Metro's plan update process and implements the plan through the Washington County Cooperative, which includes a number of cities in Washington County. This regional collaboration is important to reducing the amount of waste generated and entering landfills. At the local level, the City is responsible for regulating and managing solid waste and recycling collection services within the city limits, and reviewing collection rates and service standards. Garbage and recycling collection services are provided by private haulers who operate within established franchise boundaries. The City enters into franchise agreements with the private haulers for the removal of solid waste generated from residential,commercial, and industrial customers. Key Findings • Per capita generation of solid waste has increased annually by 3.2% over the last ten years in the Portland metropolitan region. • The region had a 59%waste reduction rate in 2005 and has set a target of 64% by 2009. • Tigard's residential recycling rate was 53.5%in 2005,while the commercial recycling rate was 22.7%. • Region-wide,there are significant opportunities for waste reduction improvements in the construction and business sectors. • Oregon DEQ regulates hazardous waste collection,disposal,and cleanup programs. DEQ also provides education and technical programs to reduce risks associated with hazardous wastes. • Metro maintains its own household hazardous waste recovery program in cooperation with DEQ. • The citizens of Tigard are concerned about population increases and the impact upon the community. Goal 6.3 Reduce the amount of solid waste entering landfills. Energy Conservation Planning Commission Hearing 7 CPA2007-00001 • • EXHIBIT A Policies 1. The City shall continue collaborating with federal, state,and regional agencies in the development and implementation of solid waste management plans and programs. 2. The City shall regulate and manage solid waste and recycling collection services through franchise agreements that: A. Ensure recycling opportunities are accessible to all households,businesses, and institutions; B. Implement waste reduction measures through prevention and recovery efforts; C. Remain cost effective and environmentally sensitive;and D. Comply with applicable plans,policies, and laws. 3. The City shall collaborate with the appropriate agencies to ensure proper permitting, collection, disposal, and cleanup of hazardous wastes. 4. The City shall use public education to promote: A. Opportunities for recycling,composting, and reuse; B. Reduction of household hazardous waste and its proper disposal; and C. Reduction of solid waste generated from construction and business activities. 5. The City shall reduce the amount of solid waste associated with municipal operations. Recommended Action Measures• i. Find long-term partners and plan a yearly E-Waste Collection Event similar to the one in September 2006. ii. Start a composting program (including education) for City employees including the purchasing of compostable plates,utensils,and cups. iii. Research commercial and construction recycling programs that could be implemented in Tigard. iv. Develop and maintain a GIS database of DEQ hazardous waste permit sites and hazardous cleanup sites. v. Work with franchise haulers to adjust yard debris pick-up schedules to correspond with the demand during different seasons. vi. Research the possibility of expanding the number of items that can be recycled curbside. vii. Work with local businesses to act as collection points for household hazardous waste. For • example,home centers would collect fluorescent light bulbs while paint stores would collect old,unused paint. viii.Support the creation of an Office of Sustainability in Washington County. Energy Conservation Planning Commission Hearing 8 CPA2007-00001 • . EXHIBIT A • •, .. • - , • -SOURCES QUALITY • "to maintain and improve thc quality of thc air,land and watcr rc3OUtCCS of thc state." - ate! -• - - - -- - - - : - --- . - - - --. : - environmcnt3. In addition, there arc other3 that devote only a portion of their efforts to an-urbart-regien7 (Rev. Ord. 02 15) 4.1 AIR QUALITY Findings The City of Tigard lica within the Portland Vancouver Inte3tate Air Quality Maintenance Area (AQMA). Thia area i3 described in the draft State Implementation Plan (SIP) for-air Service Di3trict in April, 1979. The draft State Implementation Plan (SIP) Shows that the Energy Conservation Planning Commission Hearing 9 CPA2007-00001 • • EXHIBIT A ► - - . e. - •• - :.- : : " - . _ - .- - - . - ►: -:. . . ...- ::. . :: __ : : i • ". • ..' . :• : .. . . .- - • . .. - . Z. • ' - • POLICY 1.1.1 THE CITY SHALL: a. MAINTAIN AND IMPROVE THE QUALITY OF TIGA:RD'S AIR QUALITY AND COORDINATE WITH OTHER JURISDICTIONS AND AGENCIES TO REDUCE AIR POLLUTIONS WITHIN THE PORTLAND VANCOUVER AIR QUALITY MAINTENANCE AREA. (AQMA). b. WHERE APPLICABLE, REQUIRE A STATEMENT FROM THE APPROPRIATE AGENCY, THAT ALL APPLICABLE STANDARDS CAN • c. APPLY THE MEASURES DESCRIBED IN THE DEQ HANDBOOK FOR "ENVIRONMENTAL QUALITY ELEMENTS OF OREGON LOCAL COMPREHENSIVE LAND USE PLANS" TO LAND USE DECISIONS HAVING THE POTENTIAL TO AFFECT AIR QUALITY. IMPLEMENTATION STRATEGIES 1. The City shall coordinate with Metro and DEQ to attain and maintaifi the air quality goal 2. The City 3hall continue to utilize cxpertiac available at the Department of Environmental 3. Until such time a3 control 3trategic3 arc realized, the City of Tigard Shall use mcaaur¢$ - . : . - - - e .. - - - - • • " - . - - - . - - - -- - - - - - E n e r g y nergy Conservation Planning Commission Hearing 10 CPA2007-00001 • • EXHIBIT A quality. - standar-ds: 6. The City shall aim to rcducc the quantity of vehicle cmi3aion3 by pursuing an energy cfficicnt urban form which rcduccs the number of vchicic milc3 traveled, and by encouraging the use (Rev. Ord. 02 15) X1.2 WATER QUALITY Findings • The quality of Tigard's surfacc waters arc fair, ina3much as the waters arc not used for dry • No major point aourcc water polluters threaten local crcck3. • Some infiltration problems exi3t in the sewage Systems. ' - = - - - -- - -- - • - - - - - =- - - - - - - - - - - - • Off3ctting mcaaurca can reduce the negative effects of urban development on water quality • : . . . . .. Washingteii-Gettnty: • . .. _ (Rev. Ord. 02 15) • POLICIES Energy Conservation Planning Commission Hearing 11 CPA2007-00001 EXHIBIT A - •_ . ., _ • - _ • ,.� • : • • •.�.• • Y. • Al . Y . • \ . • • \ - _ _ �' • - Ord. 02 15) 4-272 - = Y - • . \ • . _ - . - .. , Y OPERATING, PLANNING, AND REGULATING WASTEWATER SYSTEMS AS DESIGNATED IN METRO'S WASTE TREATMENT MANAGEMENT COMPONENT. (Rcv. Ord. 02 15) IMPLEMENTATION STRATEG S a. Incrcase public awarcncss of techniques and practiccs private individuals can cmploy to c. Regulate sitc planning for new dcvclopmcnt and construction through the Tigard d. Incrcasc storage and rctcntion of storm runoff to lowcr and delay pcak storm flows; c. Rcducc street rclatcd water quality and quantity problcms; and f. Incrcasc public awarcacss concerning the 113C and disposal of toxic substance. /1.3 NOISE POLLUTION Findings Energy Conservation Planning Commission Hearing 12 CPA2007-00001 • • EXHIBIT A • Noi3c i3 a rccognizcd cau3c of physical and p3ychological stre3s which haa been directly • The highest noi3c lcvcl3 appcar to be found along Pacific Highway (99W), Main Strcct, I 5, Hwy. 217 and Hall Boulevard. • Effective control of the undesirable cffccts of highway gcncratcd noise lcvcls requires a three and 3) land use control3. The first two componcnta arc currently being addrcsscd by private indu3try and by fcdcral, State and regional agencies. The third area i3 essentially a local POLICY 1.3.1 THE CITY SHALL! • _ . . _ ._ . .., _ . . . .. • - . . . . CONGESTED AREA OR A USE WHICH CREATES NOISE IN EXCESS OF THE APPLICABLE STANDARDS TO INCORPORATE THE FOLLOWING INTO THE SITE PLAN: 1. BUILDING PLACEMENT ON THE SITE IN AN AREA WHERE THE NOISE T EVELS WILL HAVE A MINIMAL IMPACT;OR IMPACTS TO LEVELS COMPATIBLE WITH THE SURROUNDING DES. b. COORDINATE WITH DEQ IN ITS NOISE REGULATION PROGRAM AND APPLY THE DEQ LAND USE COMPATIBILITY PROGRAM. c. WHERE APPLICABLE REQUIRE A STATEMENT FROM THE APPROPRIATE AGENCY (PRIOR TO THE APPROVAL OF A LAND USE PROPOSAL)TI IAT ALL APPLICABLE STANDARDS CAN BE MET. IMPLEMENTATION STRATEGIES 1. The Tigard Community Development Code shall ensure that future "noise 3cnaitivc" 2. The Tigard Community Development Codc shall cn3urc that new commercial, industrial and Energy Conservation Planning Commission Hearing 13 CPA2007-00001 • EXHIBIT A • 3. The City shall sock a response and/or assistance frern the Department of Environmental 1.1 LAND RESOURCES Findings Y- - " - . ::::.. - . • .. 1. _ M - . .. :- -. : : - .: : ....: - Although MSD has the authority over solid waste site location, local governments will be POLICIES 1.1.1 THE CITY SHALL MAINTAIN AND IMPROVE, IF POSSIBLE,THE CURRENT QUALITY OF TIGARD'S LAND RESOURCES. 1.4.2 THE CITY SHALL RECOGNIZE MSD'S RESPONSIBILITY AND AUTHORITY TO PREPARE AND IMPLEMENT A SOLID WASTE MANAGEMENT PLAN. IMPLEMENTATION STRATEGIES 1. The City shall actively participate with the Metropolitan Service District (MSD) and the a. Depth to water table; b. Soil conditions; Energy Conservation Planning Commission Hearing 14 CPA2007-00001 e EXHIBIT A Parks, Recreation, Trails, and Open Space Access to parks, recreation, trails, and open space enhances the livability of a community and contributes to the well-being of its residents. These amenities provide a variety of opportunities for residents and visitors to enjoy both active and passive activities, while also helping to preserve open space, wildlife habitat, and natural resources. Parks may also serve as informal meeting places to draw people together and create a sense of place. These public lands and facilities are highly appreciated by Tigard's residents and the City is committed to their adequate provision. Statewide Planning Goal 8 requires Oregon jurisdictions to plan for recreational needs, and this becomes especially important as the City begins to approach full development. Goal 8: Recreational Needs `To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of recreational facilities including destination resorts." The community envisions a future where a wide variety of recreational opportunities is available through a diverse system of parks, trails, and open spaces. This system would be distributed throughout the community and easily accessible from all neighborhoods. It includes not only developed parks, but open spaces to protect natural resources that the community holds in high regard. The citizens also realize that simply planning for and providing the opportunities is not enough, but funding must be secured to properly manage and maintain the system. The Tigard park system currently includes 169 acres of City parkland and 182 acres of greenway and other preservation-oriented sites. These figures equate to 3.7 acres of developed area and 4.0 acres of natural area per thousand residents. Most of this park and greenway land is located within the floodplain. In addition to parks and open spaces,Tigard has developed a successful trail program, consisting of 9 miles of completed trails. These trails provide both recreation opportunities and transportation links throughout the community. A major source of parkland acquisition and development funds has come from the park System Development Charge (SDC) on new development, first imposed in 1977. The City does not sponsor a recreation program and is not served by a special park and recreation district. The Tigard Park System Master Plan covers the city proper and the unincorporated Urban Services Area. Subsequent to the master plan's adoption in 1999, the Parks,Recreation,Trails,and Open Space Planning Commission Hearing 1 CPA2007-00001 • EXHIBIT A City added 19.3 acres of parkland and 24.1 acres of greenway. Because of population increases during the same period, the City's existing level of service to 2006 held steady at 7.7 acres of public parks and open space per thousand population. Key Findings • The system of adding parks and related land and facilities in the City has kept up with growth in the seven years since the Park System Master Plan adoption in 1999 (7.7 acres/1000 residents), but has not achieved the Plan's aspirational standard. • Many areas of the City are park deficient. • The land supply available for parks and open space is becoming smaller and more expensive. • Given the level of development in Tigard, sufficient land for neighborhood parks is unavailable to meet the needs of underserved residential and non-residential areas. • Many non-City-owned lands and facilities serve the park and leisure needs of Tigard residents. • The City lacks a trail master plan to guide the development of the trail system and facilitate progress toward its completion. • The City has regulations in place that effectively provide for block links and pedestrian connections in new neighborhoods. However, there are significant gaps in the off-street pedestrian system within older neighborhoods. • Citizen groups have identified a trail route within Northeast Tigard that includes on and off street segments to connect with the City of Portland-adopted SW Communities trail network. Citizens have proposed that this route be considered for adoption into the • Tigard trail plan. • The trail officially identified by Tigard as the Powerline Trail is a segment of a larger inter-jurisdictional trail formally identified as the "Westside Trail" in the Metro Regional Trails Map. • The City does not operate a recreation program and is not served by a special park and recreation district. Consequently, Tigard residents have limited opportunities to participate in recreation programs. Overall, City parklands are well maintained. Maintenance problems identified in the 1999 Tigard Park System Master Plan have been, or are being,addressed. • The new Park SDC methodology sets a per-project percentage limit on the use of SDC funds. Some 63% of the cost of park improvements is assigned to non-SDC funding sources. At this time, the City does not have a stable source of revenue that can be used Parks,Recreation,Trails,and Open Space Planning Commission Hearing 2 CPA2007-00001 EXHIBIT A as the companion funding source for capital projects. • Many of the projects identified in the Parks SDC parks capacity program are located in the Bull Mt Urban Services Area and not within the City limits. • Tigard does not have a parks foundation. Such foundations provide local governments with important additional programs to finance park and open space projects. • The City has been proactive in working with the Tigard Water District for the use of reservoir properties for open space. Partnership plans with the school district for the renovation and joint use of school playgrounds to meet neighborhood park needs have not been developed. • Volunteers annually contribute thousands of hours to Tigard's park system and are a non-monetary funding source for park maintenance and improvements. • In recent years, the City has developed and employed innovative methods to create more active park acreage to serve community needs. This has included making use of a state infrastructure loan program to expand Cook Park and making certain types of industrially zoned properties available for park uses. • The citizens of Tigard value pedestrian and bicycle paths in the community and support the development of a well connected network. • The citizens of Tigard value access to neighborhood parks and open space within a half mile of their homes. • The citizens of Tigard are concerned about the impact of growth on the community's natural resources. • The citizen's of Tigard are concerned about the lack of a public recreation program and the lack of an adequate number of parks in the community. Goal 8.1 Provide a wide variety of high quality park and open spaces for all residents, including both: A. Developed areas with facilities for active recreation;and B. Undeveloped areas for nature-oriented recreation and the protection and enhancement of valuable natural resources within the parks and open space system. Policies 1. Tigard shall acquire, develop, and maintain a diverse system of parks, trails, open space, and recreational facilities that are safe, functional, and accessible to all of its population. Parks,Recreation,Trails,and Open Space Planning Commission Hearing 3 CPA2007-00001 • 1110 EXHIBIT A 2. The City shall acquire and,where appropriate, improve natural areas located within a mile of every Tigard resident to provide passive recreational opportunities. 3. The City shall seek to achieve or exceed the ideal park service level standard of 11.0 acres of parkland per thousand population. 4. The City shall develop neighborhood parks [or neighborhood park facilities within other parks, such as a linear park] located within a half mile of every resident to provide access to active and passive recreation opportunities for residents of all ages. 5. The City shall develop other parks,including linear parks, special use facilities, urban plazas, skate parks, and pet areas, consistent with the descriptions and standards contained in the park system master plan. 6. The City shall acquire and manage some open spaces to solely provide protection of natural resources and other open spaces to additionally provide nature-oriented outdoor recreation and trail-related activities. 7. The City shall ensure public safety is a major consideration in the planning, design, and management of parks, open spaces and trails. 8. The City shall enforce park rules, especially against loitering, harassment, and camping, and work to identify long term solutions to these three on-going park use problems. 9. The City shall integrate green concepts into park and open space design, maintenance, and operations. 10. In addition to standing committees, such as the Park and Recreation Advisory Board and the Tree Board, the City shall involve its residents and businesses as active participants and partners in all aspects of providing park and recreational services, including park system master planning and City comprehensive planning efforts. 11. The City shall ensure that the community at large is adequately informed of recreation opportunities and programs; issues affecting , park. open space, and recreation services; and volunteer opportunities. 12. The City shall, either directly or in coordination with other stakeholders and agencies, seek opportunities to acquire public open space. 13. The City shall identify funding to build recreational facilities and provide a full Staff Commentary: Concerns have been raised that this policy is premature because the City must first assess the need, willingness, and ability of the community to pay for recreation services and related facilities. This is a fiscal issue that must be addressed prior to making policy. Parks,Recreation,Trails,and Open Space Planning Commission Hearing 4 CPA2007-00001 • EXHIBIT A 14. The City shall build and maintain partnerships with other governmental and private agencies and organizations to optimize funding and facility resources and improve park and recreational opportunities. 15. When considering acquisition of new parkland and open space, the City shall identify funding for required maintenance and public safety activities. 16. The City shall require all development to pay a parks system development charge or to dedicate land in lieu of a park system development charge. 17. The City shall ensure that any land dedicated to the City in lieu of a parks system development charge meets the needs, goals, and objectives identified in the Comprehensive Plan and Parka Syatcm Ma3tcr Plan and has bccn evaluated :.. - - - . .- - per comprehensive plan policy (# 24) governing land donations. Staff Commentary: Eliminates the duplicate reference to the Park System Master Plan contained in this proposed policy and in Policy 24. 18. The City shall continue to encourage and recognize the important role of volunteers and community groups in meeting City park, trail, open space, and recreation needs and in building stewardship and promoting community pride. 19. The City shall maintain and manage its parks and open space resources in ways that preserve, protect, and restore Tigard's natural resources, including rare or state and federally listed species,and provide nature in the city opportunities. 20. The City shall provide funding for a high level of park, open space, and recreational facility maintenance. 21. The City shall work with all elements of the community to provide and manage a fully functional urban forest. 22. The City shall seek the assistance of volunteer groups and other community partners to help in maintaining parks,trails,and open space. 23. The City shall continue to improve access to neighborhood parks and other facilities according to the City's Americans with Disabilities Act plan. 24. Acceptance of any land donated for park purposes shall be based upon its usefulness and adaptability to the Park System Master Plan. The following shall be taken into consideration when making a decision regarding the acceptance of a proposed property donation: A. The property's location within the City's proposed greenway system; B. Its location bordering an existing park or greenway; C. The degree to which the property meets the "site selection criteria" for the facility type corresponding to its intended use as listed in the Park System Master Plan; Parks,Recreation,Trails,and Open Space Planning Commission Hearing 5 CPA2007-00001 • • EXHIBIT A D. The occurrence within the property of unique or significant natural or cultural resources; E. The condition of the property and the City's liability for any potential problems or maintenance needs associated with its condition; F. If landlocked, or enclosed within non-city owned land, the right of entry or public passage through the non-city owned land;and G. The existing owner's awareness and acknowledgement that the control over public access passes to the City and its officers with the donation. 25. City-owned property may be used for private wetlands mitigation. The City will consider proposals for such mitigation on a case by case basis, subject to the following [a-d are contained in Resolution 96-421: A. It can be demonstrated that there is benefit to the City and the general public; B. The mitigation must provide a documented physical enhancement of existing wetland; C. The City should be compensated for the use of the area either through rent, lump sum payment,benefit to the City, or as agreed to by the City Council; D. The wetland mitigation should demonstrate no additional cost to the City for maintenance or other factors, unless acceptable to the City Council [Rc3 96 421; and E. Should the City consent to the private use of City-owned property, the applicant shall obtain a City Sensitive land permit and all other necessary permits and approvals for the proposed work. The required joint state/federal wetlands application shall explicitly state that the City is not a party to the permit and enforcement of the permit will be directed solely against the developer. 26. Public notice (in the form of on-site signage, a City webpage posting, and mailings to every party requesting such notice) shall be provided in the case of any proposed City sponsored wetland mitigation on City owned property where no sensitive lands permit is required. Recommended Action Measures i. Regularly update the Parks System Master Plan (every 5 to 10 years) to ensure it continues to address the changing needs of the City. Update sections of the document more' frequently with an amendment or other Parks,Recreation,Trails,and Open Space Planning Commission Hearing 6 CPA2007-00001 • • EXHIBIT A process to reflect the results of major policy or planning initiatives. ii. Develop master plans for each park that: identify the locations and types of development that will occur in the park, preserve natural areas, and ensure development that promotes safe and aesthetically pleasing environments. iii. Consider and respond to Tigard's social and demographic characteristics, including its cultural diversity, when planning for and investing in park improvements. iv. Consider the development of a partnership plan with the school district for the renovation and joint use of school grounds in park deficient areas to meet neighborhood park needs. v. Coordinate with and support Metro, Oregon State Parks, the National Park Service and other agencies and that provide parks, open spaces, and recreational activities in or near Tigard. vi. Promote a safe environment in the City's parks and open spaces through on- going contact and coordination with public safety officials. vii. Consider the development of a marketing and communication plan to inform the public about the value of parks and the recreational services they provide. viii. Develop and distribute maps and brochures to educate users about the park and open space system and promote appropriate use. ix. Revise and update the Park System Development Charge (SDC) Methodology to reflect current land and development costs and to consider: A. The development of a dependable, long term funding source or sources that can be used to provide the 63% in overall project costs assigned to non-SDC funding sources in the SDC study's capital improvement program; Staff Commentary: The deleted percentage could vary over the years as the City invests in parks. B. Adjustments to the extraterritorial (Urban Growth Area) improvement projects identified in the SDC capital improvement program;and C. Adjustments to the SDC fee structure that reflects realistic non-SDC revenue expectations. -• - - - --- - - • - - -- - • . -. • • - -. ..- - . •-- - - - - - - :•- - - : • .: - . - . . Staff Commentary: The issue of placing a general obligation bond or other funding measure on the ballot should be determined by Council through a public process before a policy direction is established. Parks,Recreation,Trails,and Open Space Planning Commission Hearing 7 CPA2007-00001 • • EXHIBIT A xi. When feasible, utilize alternative methods to acquire and develop open space, parks, and trails, including local improvement districts, purchase of easements and development rights,life estates, etc. xii. Work to increase grants and donations from new sources for operating and capital funding. xiii. Consider the establishment of a parks foundation to assist with fund raising, and acquisition, and special projects. xiv. Explore additional ways to acknowledge and recognize sponsors and donors. xv. Continue to use park reservation fee schedules that provide cost recovery balanced against needed services. Provide services to City residents at lower costs than to non-residents. xvi. Continue efforts to involve the public in the allocation of and request for funds. xvii. Identify funding for required maintenance and management activities when considering acquisition of new parkland and open space.[moved here] xviii. Where applicable. take into consideration the costs of pubic safety services when considering acquisition of new parkland and open space. [moved here] xix. Consider seeking voter approval, as early as November 2008, for a local tax facilitic3, sports fields. tcnnia and basketball courts,etc.; and to finance a full - - :. - Staff Commentary: The issue of placing a local tax levy or other funding measure on the ballot should be determined by Council through a public process before a policy direction is established. xx. In the ab3cncc of a local tax level or other special funding mechanism to .. .::: . : -. Staff Commentary: The same comments as stated elsewhere regarding recreation program funding apply to this proposed action measure. - „ , •:: - - a - - . .- -: . Staff Commentary: The same comments as stated elsewhere regarding recreation program funding apply to this proposed action measure. • :. , :: ., - - . a:: , . -. : . Staff Commentary: This Parks,Recreation,Trails,and Open Space Planning Commission Hearing 8 CPA2007-0000l • • EXHIBIT A proposed action measure commits the City to the financial support of particular private non-profit recreation groups. A decision to support such groups should be part of the overall formulation of a policy regarding the establishment of a recreation program or the annual budget process. Alternative language is proposed below. xxiii. Financially assist, when able, youth sports leagues and other non-profit recreation providers xxiv. When feasible and appropriate, make parks, trails, and open spaces universally accessible by as many people as possible. xxv. Provide public access to public open space in ways that protect and preserve • sensitive natural resources. xxvi. Continue to seek the assistance of volunteer groups to help in developing and maintaining parks, trails,and open spaces. xxvii. Create volunteer opportunities and support those who want to participate in making ideas,projects, and events happen in their neighborhood parks. xxviii. Develop and apply administrative policies and procedures for use of volunteer resources. xxix. Continue to develop and implement specific management plans and maintenance programs for the high-level maintenance of all of the City's park and open space lands. xxx. Seek opportunities to introduce more environmentally-friendly, science- based practices, including measures to increase re-use and recycling programs, on-site filtration, integrated pest management, and other Best best management practices. xxxi. Develop and implement an urban forestry program to improve the condition of Tigard's urban forest through effective management decisions. xxxii. • '- - . - - . ; -: -: -, include natural resources studies and monitoring in the City's management of public open spaces and related natural resources. xxxiii. Remove and control non-native plants, including noxious weeds, in natural areas, . -•: . : . -: .. :: - •• :. . . -- . - - -- - . [moved to above] - - - -: • : . -: .. :: . - -. -..- - ; - . - .. .[moved to above] xxxvi. Inform the public about maintenance and management requirements for the Parks,Recreation,Trails,and Open Space Planning Commission Hearing 9 CPA2007-00001 • • EXHIBIT A City's various types of parks, recreation facilities, trails, and open spaces, as for example by posting maintenance plans on the City webpage. Goal 8.2 Create a Citywide network of interconnected on-and off-road pedestrian and bicycle trails. Policies 1. The City shall create an interconnected regional and local system of on- and off-road trails and paths that link together neighborhoods, parks, open spaces, major urban activity centers, and regional recreational opportunities. 2. The City shall design and build greenway trails and paths to minimize their impact on the environment,including on rare and state and federally listed species. Recommended Action Measures i. Complete a trail system master plan to guide the development of the trail system and facilitate progress toward its completion. ii. Complete a Citywide inventory and prioritization of opportunities for short pathway connections that increase bicycle and pedestrian connectivity and complement the greenway and on-street bicycle/pedestrian systems. iii. Develop trail standards for the many trail systems, sizes, and materials needed in different settings. iv. Add to the park system master plan map: a. The Tigard portions of two "regionally significant" trails (the Westside Trail (formerly, the Powerline Trail) and the Washington Square Loop Trail); and b. The on- and off-street route identified by the citizen groups that connects the Washington Square Loop Trail with the Portland Urban Trail Number 5, which ends at SW Dickinson and SW 656. v. Coordinate trail development and maintenance activities with natural resource management objectives and activities. vi. As needed Where appropriate, furnish trails with amenities, such as interpretive and directional signage, benches, drinking fountains, parking and staging areas, and other services. vii. , Use automated systems to systematically map and document trail easements, right-of-way dedications, proposed alignments, and current trail locations. Parks,Recreation,Trails,and Open Space Planning Commission Hearing 10 CPA2007-00001 • • EXHIBIT A Goal 8.3 Develop full-service recreational facilities and establish a comprehensive recreation program, providing a wide range of recreational, cultural, and educational activities. Policies - .. . ... -, - . : : . . Staff Commentary: The issue of establishing a recreation program and its scale and financing should be determined by Council through a public process before a policy direction is established. The goal is to provide one. When and how is a Council/community decision. Revised language is provided below. 2. The City shall work with the community to assess the need for a recreation program and identify potential funding for its establishment and operation. Recommended Action Measures i. Consider arcking voter approval, as early as November 2008, for a local ii: Develop an information program to raise the public's awareness of the importance of recreational facilities and programs to public well-being and community livability. Parks,Recreation,Trails,and Open Space Planning Commission Hearing 11 CPA2007-00001 • • EXHIBIT A 3.5 PARKS,RECREATION AND OPEN-SPACE Findings • . : _ :. •. , . "• -- - : - - - - - - - - - .. - - •• .-.. rcducc the impact of urbanization and scrvc the lci3urc and acsthctic nccd3 of all POLICIES 3.5.1 THE CITY SHALL ENCOURAGE PRIVATE ENTERPRISE AND INTERGOVERNMENTAL AGREEMENTS WHICH WILL PROVIDE FOR OPEN SPACE, RECREATION LANDS, FACILITIES, AND PRESERVE NATURAL, SCENIC AND HISTORIC AREAS IN A MANNER CONSISTENT WITH THE AVAILABILITY OF RESOURCES. 3.5.2 THE CITY SHALL COORDINATE WITH THE SCHOOL DISTRICTS TO DEVELOP RECREATIONAL FACILITIES. Parks,Recreation,Trails,and Open Space Planning Commission Hearing 12 CPA2007-00001 • • EXHIBIT A 3.5.3 THE CITY HAS DESIGNATED THE 100 YEAR FLOODPLAIN OF FANNO CREEK, ITS TRIBUTARIES, AND THE TUALATIN RIVER AS CREENWAY, WHICH WILL BE THE BACKBONE OF THE OPEN ALLOWED WITHIN OR ADJACENT TO THE 100 YEAR FLOODPLAIN, THE CITY SHALL '.- e _ " - e • - • ••• OF DEDICATION OF SUFFICIENT OPEN .LAND AREA FOR CREENWAY ADJOINING AN 11 -- • - - e e • • 3.5.1 THE CITY SHALL PROVIDE AN INTERCONNECTED PEDESTRIAN/ BIKEPATH THROUGHOUT THE CITY. (Rev. Ord. 98 19;Ord. 87 66;Ord. 81 36) IMPLEMENTATION STRATEG IES a. An arca composed of developable lands which may provide active rccrcation space;and b. Adequate passive open space to pretcct natural resources at the site and protect • ewnership-previded: a. Portions 3 c sufficiently improved and maintained to offer active rccrcation ewes; b. They do not interfere with the continuity of or access to adjacent grecnway lands; d c. Easements transferring development rights arc dedicated to the public. 3. The Tigard Community Development Cede shall indicate flexible design options reservatien. �. The City shall designate natural park areas within a Tigard Master Parks Plan. The Parks,Recreation,Trails,and Open Space Planning Commission Hearing 13 CPA2007-00001 • • EXHIBIT A fteeds-ef-the-leeal-resielents: 8. The City shall continue to seek assistance of volunteer groups to assist in developing 11. To augment the scenic benefit of thc grccnway, the City shall establish thc major .. ...-. _ ,. .. . .. _. -• --- - : - .. -: :: : Y- . I:. i:, :.. . ... :: a :. . •. 3.6- PARK STANDARDS Findings • Currently, there arc 128.90 acres of City park land in Tigard, 113.98 acres of dedicated • There are adopted plans for tight of the nine City parks. • Although Schcckla Park has not been accepted by the Park Board, the land was • Due to recent cut backs in revenues to the City, the City has substantiallyts Parks,Recreation,Trails,and Open Space Planning Commission Hearing '14 CPA2007-00001 • • EXHIBIT A POLICIES 3.6.1 INDIVIDUAL PARK SITES, AS DEFINED BY THE PARKS AND OPEN SPACE STANDARDS AND CLASSIFICATION SYSTEM SHALL BE DEVELOPED ACCORDING TO THE FOLLOWING PRIORITIES: a. FACILITIES WITHIN A PARK WILL BE ADJUSTED TO MEET THE NEEDS AND DESIRES OF THE PARK SYSTEM DEVELOPMENT CHARGE (SDC) DISTRICT RESIDENTS AND THE CHARACTERISTICS OF THE SITE. PARK AND/OR RECREATIONAL FACILITIES IN GREATEST DEMAND AND LEAST SUPPLY SHOULD RECEIVE THE HIGHEST b. PARKS SHOULD BE PLANNED TO ENSURE MAXIMUM BENEFIT TO THE GREATEST NUMBER OF LOCAL RESIDENTS. FOR THIS REASON, ACQUISITION AND GIVEN THE HIGHEST PRIORITY. c. DEVELOPMENT OF ADDITIONAL NEIGHBORHOOD PARKS .. - - e . ' • ' C RITY FOR PUBLIC FUNDING AND SECTOR WITHIN PLANNED UNIT DEVELOPMENTS AND MAINTAINED BY HOMEOWNERS ASSOCIATIONS. d. NEW MINI PARKS HAVE THE LOWEST DEVELOPMENT OR NEIGHBORHOOD'S EXPENSE ' • ` '.• • _` 3 • DEVELOPMENT PROCESS. c. PROVISION OF REGIONAL PARK FACILITIES WILL ONLY BE CONSIDERED AS AN INTERJURISDICTIONAL PROJECT, AND SHOULD HAVE A LOW PRIORITY UNLESS UNUSUAL CIRCUMSTANCES ARISE. f. ACCEPTANCE OF ANY LAND DEDICATED FOR PARK Parks,Recreation,Trails,and Open Space Planning Commission Hearing 15 CPA2007-00001 • • EXHIBIT A ADAPTABILITY TO THE ADOPTED • • ' ` e -- • - ' • SYSTEM. 3.6.2 THE CITY SHALL COORDINATE WITH OTHER PUBLIC, PRIVATE e ' - • • • e . • • ` FFECTED PRIVATE PROPERTY OWNERS IN ORDER TO FACILITATE THE IMPLEMENTATION OF THE CITY'S ADOPTED PARK PLANS. 1. The City shall continue to seek revenue Sources to facilitate in the implementation of •. •. _- - - •. - -:a • --• •. - . - 2. The City 3hall develop a "future park needs assca3ment" to determine the number of for thi3 aasc33ment. The future park necd3 a3scs3mcnt will 3pccifically--Mess Parks,Recreation,Trails,and Open Space Planning Commission Hearing 16 CPA2007-00001 • • EXHIBIT A Energy Conservation Our way of life is powered by energy. From the construction process to home heating to • getting around the community,affordable and reliable energy sources are counted upon to sustain our needs. Energy also drives the economy and has a significant impact on the environment. These roles are important to consider when planning for future sources, distribution, conservation efforts, land use, transportation,and development patterns. The City's commitment to manage land use to conserve energy is based on Oregon Statewide Planning Goal 13. Goal 13: Energy Conservation `Land and uses developed on the land shall be managed and controlled so as to maximize the conservation of all forms of energy, based on sound economic principles." Tigard residents envision a future where access to reliable energy supplies and their use do not degrade the environmental quality of the community. They recognize the importance of renewable energy resources for the economy, the value in conservation efforts, and the significance of land use and transportation planning on energy consumption. Public transportation and a well-connected bicycle and pedestrian network are services greatly supported by the community. The community also recognizes that the City can employ new techniques and technologies in municipal operations, as well as encouraging citizens to take a personal interest in energy consumption and conservation. The City of Tigard currently has no energy resources and no future plans to develop any generation or supply facilities. The Oregon Department of Energy (DOE) has taken the statewide lead by planning to ensure an adequate,affordable, and clean energy supply is available for Oregonians. The DOE produces the Oregon Energy Plan on a biennial basis. It assesses energy demand and supply in the state,identifies issues affecting energy, and presents an action plan to meet the goals of the plan. Energy conditions and future issues identified by the 2005-2007 Oregon Energy Plan include: • Unstable energy pricing and supply will continue to affect communities as it did in 2002 when Oregonians spent 50%more per unit of energy to heat their homes than in 1998. • World oil production may peak in the next decade and begin a long-term decline. Coupled with a growth in worldwide demand,peak oil will maintain or increase already high oil prices. • Natural gas supplies from North America are declining,while prices have doubled in the past five years.Worldwide competition for the gas is also expected to increase. To address these issues, the Oregon Energy Plan recommends conservation efforts for households,businesses,industry, and transportation, as well as developing clean and renewable energy resources. These efforts can provide insulation from, and reduce the community's vulnerability to,volatile pricing and supplies.They are also consistent with statewide planning Goal 13 for maximizing the conservation of all forms of energy. Building efficiency standards, the Leadership in Energy and Environmental Design (LEED) rating system,and weatherization programs are options for promoting energy conservation in buildings. Metro's Regional Transportation Plan(RTP) is required to address energy Energy Conservation Planning Commission Hearing 1 CPA2007-00001 • • EXHIBIT A conservation, efficiency,and alternative transportation options under state and federal law. Options include driving less, buying fuel-efficient vehicles, or using alternative fuels. Tigard has the ability to affect energy conservation efforts through developing efficient land use and transportation plans that reduce automobile trips. This includes promoting compact mixed use communities,and transit use and development.The City can lead by example in utilizing alternative energies and becoming more energy efficient in municipal operations. Tigard can also challenge residents to reach energy conservation goals set by the community. Key Findings • Transportation is the largest use of energy in the state at 38%.A considerable reduction in energy use can be made with individuals altering their habits related to the use of motor vehicles. • The City has no energy generation or supply facilities and therefore the community's energy supply and pricing is controlled by forces beyond its direct influence. • A number of alternative fuel options exist for motor vehicles,but supplies and availability are limited. • Large energy,uses which the City has control over include street lighting,water transfer pumps,heating and cooling of municipal buildings, and the motor vehicle pool. • Solar-generated power and wood heating are the two most common options available to the community for producing their own energy. Wood heating can be problematic to air quality due to the release of fine particulate matter. • Weatherization, energy efficient building materials and appliances,and alternative energy sources can all reduce energy consumption in buildings. • The citizens of Tigard value pedestrian and bicycle paths in the community and support the development of a well connected network. • The citizens of Tigard value access to bus service in the community. • The following land use planning strategies can result in a more energy-efficient community: • Establishing mixed-use zones to encourage working,living, and shopping in the same neighborhood • Providing opportunities for increased density along public transit lines • Developing a public transit system that is reliable, connected, and efficient • Building a bicycle and pedestrian network that is connected, safe,and accessible • Connecting streets for efficiency and reducing congestion • Re-use of vacant and underutilized land. Goal 13.1 Reduce energy consumption. Policies 1. The City shall promote the reduction of energy consumption associated with vehicle miles traveled through: A. Land use patterns that reduce dependency on the automobile; B. Public transit that is reliable, connected, and efficient;and Energy Conservation Planning Commission Hearing 2 CPA2007-00001 • • EXHIBIT A C. Bicycle and pedestrian infrastructure that is safe and well connected. 2. The City shall implement regional and state regulations,plans,and programs that promote energy conservation. 3. The City shall require future development to consider topography,vegetation,and solar access during the design phase to reduce demands for artificial heating, cooling, and lighting. 4. The City shall implement and enforce state energy efficiency standards during the building permit review process. 5. The City shall take a leadership role in local energy matters by: A. Designing and developing public facilities,wherever possible,that take advantage of alternative energy sources and conserve energy in operations; B. Conducting energy audits on existing City facilities and implementing cost- effective recommendations as soon as possible; C. Investigating and participating in,when feasible, green energy programs,which use renewable energy resources;and D. Continuing to investigate new technologies that can reduce municipal energy consumption. 6. The City shall support energy conservation by: A. Encouraging designs that incorporate Leadership in Energy and Environmental Design (LEED) standards or achieve a minimum certification; B. Educating the public about personal actions that can be taken to improve energy efficiency and reduce energy consumption; C. Directing the private sector to the variety of available incentives programs;and D. Providing flexibility in the land use process to take advantage of solar radiation. Recommended Action Measures i. Create a process that requires new development to consider topography, vegetation,and solar access during the design phase. ii. Develop target decreases for energy consumption associated with municipal operations. iii. Purchase a percentage of Green Energy for municipal operations and then challenge the community to do the same. iv. Research and implement incentives and development codes that would encourage energy efficiency in new developments. v. Survey the community about energy consumption and identify top concerns that could be addressed through conservation incentives.. Energy Conservation Planning Commission Hearing 3 CPA2007-00001 • • EXHIBIT A 9. ENERGY - - - .. :.. -- - - - - — - -•-• - - - - - - -- - - • . . :. . . :.. - : - -- .. - - ----- - - - Y-- -. - -. - - . Additional information on this topic is available in the "Comprehensive Plan Report: Energy." Findings • Transportation and residential uses account for approximately half of the total energy • The City of Tigard has no developed energy sources. Energy Conservation Planning Commission Hearing 4 CPA2007-00001 • - • EXHIBIT A • Alternative architccturc and Site design con3idcrations can affect energy consumption; • Small scale wind generating dcviccs may be a viable alternative energy 3ourcc for in the Portland Arca. POLICIES 9.1.1 THE CITY SHALL ENCOURAGE A REDUCTION IN ENERGY CONSUMPTION BY INCREASED OPPORTUNITIES FOR ENERGY a _ • . . . . . . ., IS _ _ • _ . _ • *. ALTERNATIVE SOURCES. 9.1.2 THE CITY SHALL ESTABLISH A BALANCED AND EFFICIENT J11 _ •, _ • - 9 USE-PLAN-AND IS DESIGNED TO MINIMIZE ENERGY IMPACTS. 9.1.3 THE CITY SHALL ENCOURAGE LAND USE DEVELOPMENT WHICH EMPHASIZES SOUND ENERGY CONSERVATION, DESIGN AND CONSTRUCTION. 1. The City shall encourage public and privatc programs that offer wcathcrization and 3. The City 3hall locate higher den3itics and intensities of land usc in proximity to 6. The City 3hall cooperate with both public and private agencies that make usc of site 7. The Tigard Community Development Code shall allow for mixed use developments• .. Y- - -• - - - - :.. . • .. . -- - --- - . : . . - - - . - : . -.-..- _ . " •- . con3crvc energy. Energy Conservation Planning Commission Hearing 5 CPA2007-00001 • • EXHIBIT A ; d. Water quality degradation or 3imiIar problcm3. 4. Energy Conservation Planning Commission Hearing 6 CPA2007-00001 • Darren Wyss- Re: Comp Plan -Environmental Qualit_Comments EXHIBIT a From: Carla Staedter To: Darren Wyss Date: 7/23/2007 5:48:22 PM Subject: Re: Comp Plan- Environmental Quality Comments Hi Darren, I hope you have a great vacation planned. • Here are some comments on the Water Resources Section that may be helpful: iv-We do inventory outfalls as part of implementing the Healthy Streams Plan so that may be a repeat and could be assumed if we are implementing Healthy Streams Plan. We have goals for outfall retrofitting and are implementing projects to do just that each and every year. vi- I don't think it is a good idea be a"coholder"of the NPDES permit. Really all the cities in the basin are coholders of the NPDES permit. The permit needs to be held by a single entity so there is a single point of compliance. I don't think it is a good idea to have Tigard singled out. CWS holds the permit because that was needed basin wide to clean up the Tualatin and its tributaries and there has been tremendous progress made. Also....we are at the very bottom of the basin and don't have control over what goes on upstream of us. Being a co-holder of the permit just doesn't make sense and makes us responsible for things outside of our jurisdiction and control. Consider adding an action item: Develop a program to collect and dispose of medicine to keep it out of our streams. Educate the public not to flush medicines. That's it for now. There must have been some interesting meetings to collect this information. I would love to hear about them when you have time. Carla >>> Darren Wyss 07/23 4:49 PM >>> Attached is the language that will be brought forward for a public hearing with the Planning Commission on Aug 20th. The language is a result of the Policy Interest Team meetings, comments from our meeting on June 27th, and the Planning Commission workshop last week where they reviewed the language and requested some changes. Please review the attached document and get any comments that you may have back to me by Aug 6th. I will incorporate your comments into the staff report. FYI, I will be on vacation from Wed July 25 to Mon Aug 6. If you have a burning question, you can contact Ron Bunch while I am gone. Darren Wyss Associate Planner/GIS Long Range Planning Division City of Tigard 503-718-2442 CC: Brian Rager • • EXHIBrr_.C. �f.:ft. 1"); re on Department of Land Conservation and Development �,�� �., 800 NE Oregon Street M/S 18, Suite 1145 Portland, Oregon 97232-2162 • Theodore R.Kulongoski,Governor 8_9- Phone: (503) 731 4065 Fax: (503) 731-4068 Web Address:http://www.lcd.state.or:us July 25,2007 yarA Mr. Darren Wyss City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 RE: CPA2007-00001, amendments to Chapter 3,4 and 9 of the Comprehensive Plan related to Natural Features; Open Space; Air, Water and Land Resources;and Energy. (DLCD file#Tigard 006-07) Dear Darren, Thank you for the opportunity to review the first installment of the Comprehensive Plan update undertaken by the City of Tigard. The City should be commended for undertaking such a thorough review of its Plan. DLCD appreciates the overall time line submitted, and looks forward to reviewing other components of the update as they are available. DLCD is pleased to offer some comments for the record on this proceeding. Generally, the sections submitted are well done and respond to the modem milieu. The comprehensive plan makes the connection between land use and transportation effectively. The submitted sections demonstrate a strong understanding of modern planning issues and methods of addressing them. DLCD is also pleased to see the prominence of trails in the recreation section of the submittal. To the extent trails provide a transportation role as well as a recreation role, DLCD suggests that trails be incorporated into the upcoming plan update related to transportation. When the action of providing a trail addresses two public purposes— namely recreation and transportation—the City should highlight it and emphasize the dual benefit. The City may want to reconsider the wording on action item 4.1.e under Air Quality. The actions taken to "reduce congestion"may or may not improve air quality. If"reduce congestion"is implemented through adding lanes to increase road capacity, more vehicles are on the road, and thus negatively affecting air quality. If"reduce congestion" is implemented by reducing vehicle miles traveled, then there is a positive impact on air quality. DLCD suggests the City clarify the intent of this action item. .....:...,... :. • • Tigard 006-07 Page 2 of 2 Last, the City may want to have further consideration on the Water Quality section. There is no mention of the regional program—Nature in the Neighborhoods—even though it addresses both riparian corridor protection and water quality. The City may want to consider broadening its Comprehensive Plan language to recognize this regional program. Again, thank you for the opportunity to provide comments on the Tigard Comprehensive Plan update. We look forward to future installations. Warm regards, St11-10 Stacy Humphrey Regional Representative CC: Matt Crall,Amanda Punton,Gloria Gardiner,Darren Nichols,Mara Ulloa(via e-mail) • EXHIBIT Darren Wyss City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 8/07/2007 Subject: Tigard Comprehensive Plan Update Mr. Wyss, The Oregon Department of Fish and Wildlife(ODFW)has reviewed the Tigard Comprehensive Plan Update Statewide Planning Goal 6: Air, Water, and Land Resources Quality, Goal 8: Recreational Needs, and Goal 13: Energy Conservation. At this time, ODFW would like to submit the following recommendations. Goal 6: Air, Water, and Land Resources Air Resources Quality Add the following items to the list of Recommended Action Measures: "Work with the Tree board to develop an urban tree management and protection program that increases the canopy cover in Tigard." "Perform a survey of tree canopy cover to evaluate existing canopy cover conditions and identify needs and opportunities for increasing tree canopy cover." Water Resources Quality Revise Policy 4 as follows: "The City shall protect, restore, and enhance the natural functions of stream corridors, trees, and water resources for their positive contribution to water quality." Revise Policy 6 as follows: "The City shall continue to promote, support and collaborate on educating the public of techniques and practices private individuals and commercial and industrial operators to help correct water quality issues." Revise Policy 7 as follows: • • "The City shall investigate and use green street concepts, eco roofs and other measures that reduce the community's effective impervious area." Add specific language to the Policies that states the City shall protect/maintain riparian buffers to at least 50 feet for non fish bearing streams and at least 100 feet for fish bearing streams. Buffer distances are to be measured on either side of stream centerline. Add specific language to the Policies that states the City shall support consideration of water quality when considering placement and design of recreational trails. Placement of trails shall be avoided in areas prone to erosion to protect water quality. Add specific language to the Policies that states the City shall promote and incorporate the use of pervious trail surfaces to protect water quality. Add specific language to Recommended Action Measure"v."to address restoration of wetland/riparian area function to increase filtration of contaminants and sediment with the intent of improving water quality. Land Resources Policy Add specific language to the Policies that states the City shall provide incentives to households and commercial operators for recycling to reduce the amount of solid waste. Goal 8: Parks,Recreation,Trails and Open Space Add the following Key Findings: "Open spaces and natural areas can provide important wildlife habitat and wildlife movement corridors within urban areas." "Open spaces and natural areas are often areas where humans interface with wildlife. There are both potential benefits as well as potential risks with this. Appropriate "Living with Wildlife"practices can maximize public enjoyment of wildlife while minimizing potential conflicts." Add specific language to the Policies that states the City shall post signs in open spaces and natural areas to restrict dogs from entering designated areas. Add specific language to the Policies that states the City shall post signs in open spaces and natural areas that communicate that harassment and feeding of wildlife is prohibited. Add specific language to the Policies that states the City shall place trails outside open spaces and natural areas in areas where sensitive wildlife species are located. • • Revise Recommended Action Item "xxv" as follows: "Incorporate natural resources studies and monitoring in the City's management of public open spaces and related natural resources." Goal 13: Energy Conservation Add specific language that provides incentives for new development to incorporate green building practices(solar panels, use of recycled materials,ect.) Consider adding incentives and/or cost reduction for the use of public transportation. ODFW would like to thank the City of Tigard for the opportunity to provide comments. If you have any questions please contact me. Thank you, Mischa Connine Habitat Biologist Oregon Department of Fish and Wildlife 503-621-3488 ext 28 Darren Wyss- (CPA)2007-00001 Page 1 EXHIBIT G From: "Dalby, John K." <John.Dalby @tvfr.com> To: <darren @tigard-or.gov> Date: 8/7/2007 8:48:54 AM Subject: (CPA)2007-00001 Good morning Mr. Wyss, After reviewing the submitted materials, our comments would be limited to Planning Goal 6 and Planning Goal 13. We would like the city to include language encouraging the installation of automatic sprinkler systems in all buildings wherever and whenever possible. The benefits with regard to the Planning Goals are: Less water use for fighting hostile fires within buildings or structures. Automatic sprinkler systems use a fraction of the water necessary to control or extinguish a fire within a building or structure. Less contaminated runoff from firefighting operations polluting surrounding streams and wetlands. Feel free to wordsmith this language to best suit your document. OR, I could stop by your office and discuss it with you. Thanks for your time. John K. Dalby, Deputy Fire Marshal II Tualatin Valley Fire& Rescue, North Division 14480 SW Jenkins Road Beaverton, OR 97005-1152 503-356-4723 • • • EXHIBIT F Definitions Community Parks (Greater than 15 acres): Community parks provide a variety of active and passive recreational opportunities for all age groups. These parks are generally larger in size and serve a wider base of residents than neighborhood parks. Community parks often include developed facilities for organized group activity as well as facilities for individual and family activities. In addition to those amenities provided at neighborhood.parks, community parks may include sports facilities for team play, group picnic areas, skateboard and rollerblade facilities, natural areas, botanical gardens, amphitheaters, festival space, swimming pools, interpretive facilities, and community centers. Higher quality children's play areas may be provided to create a family play destination. Effective Impervious Area Impervious area such as rooftops, streets, sidewalks, and parking areas do not allow water to drain into the soil. Impervious area that collects and drains the water directly to a stream or wetland system via pipes or sheet flow is considered"effective impervious area",because it effectively drains the landscape. Impervious area that drains to landscaping, swales, parks and other pervious areas is considered"ineffective"because the water is allowed to infiltrate through the soil and into ground water,without a direct connection to the stream or wetland. Green Concepts and Practices Refers to measures to increase re-use and recycling programs, on-site filtration,integrated pest management, the utilizing of new technologies for conservation and energy efficiency,and other best management and operation practices. Greenspace/Greenways (Size should be adequate to protect the resource): A greenspace or greenway is an area of natural quality that protects valuable natural resources and provides wildlife habitat. It also provides opportunities for nature-related outdoor recreation, such as viewing and studying nature and participating in trail activities. Development features that support outdoor recreation and trail-oriented recreation, such as trails, picnic areas, benches, interpretive signs, and native landscaping, may be provided. Trail amenities, such as small scale parking,portable restrooms,bike racks,and trash enclosures,may be included. Linear Parks (Of adequate size to protect natural resources and accommodate intended uses): Linear parks may be developed along built or natural corridors to provide opportunities for trail- oriented outdoor recreation. Linear parks may also provide some active and passive recreation facilities to meet neighborhood needs, especially in areas not adequately served by traditional neighborhood parks. Linear parks connect residences to major community destinations. Linear parks can include paved or soft-surface trails to accommodate jogging, biking, walking, skateboarding, dog walking, horseback riding, canoeing or rollerblading. Active and passive recreation facilities may include small-scale sports facilities, such as basketball hoops, public art, picnic tables,lighting,community gardens,and landscaping. Neighborhood Parks (4 to 14 acres): Neighborhood parks are the foundation of the parks and recreation system, providing accessible recreation and social opportunities to nearby residents. When developed to meet neighborhood recreation needs, school sites may serve as neighborhood parks. Neighborhood Parks should Definitions Planning Commission Hearing 1 CPA2007-00001 EXHIBIT F include both passive and active recreation opportunities, such as children's play areas, informal sports areas, picnic facilities, public art, open turf areas, landscaping, community gardens, and pathways. Security lighting may be provided if needed. Open Space A term used interchangeably with Natural Area, and Parks is used interchangeably with Parkland. Park Services A generic term used to refer to parks,recreation, trails, and open spaces collectively. Parks System Development Charges These are charges assessed to new developments for the acquisition and development of parks, open spaces, and paved trails. They are assessed based on the cost of providing these services to new City patrons. Pocket Parks (2,500 square feet to 2 acres): Pocket parks provide recreation opportunities for residents in areas not adequately served by neighborhood parks, such as town centers or areas of high density development. Pocket parks may include passive or low intensity activities, such as children's play areas, pathways, multi-use paved areas, public art, small scale sports facilities, seating,picnic areas, community gardens, multi-purpose performance space, and landscaping, Special Use Area (variable depending on desired size) Special use areas are public recreation lands that are specialized or single purpose in nature. Examples are dog parks, skate parks, golf courses, display gardens, recreation centers, and a wide range of other activities and facilities. City facilities that fall into this classification include Potso Dog Park and the proposed Jim Griffith Memorial Skate Park. Special use area is often a catch-all category to place park facilities that do not meet any other definition. Trails and Connectors These are public access routes for commuting and trail-oriented recreational activities including sidewalks, bikeways, multi-use trails, and paths. Width of the trail and right-of-way depends on its intended use and location. A variety of pathway types are needed to accommodate activities such as walking, running, biking, dog walking, rollerblading, skateboarding, and horseback riding. Trails can be located within parks, within linear parks and greenways, or be designed as a part of the citywide transportation system. Waterways can provide trail-like facilities for boating and canoeing. Each type of trail should be designed to safely accommodate users, and meet recognized design standards. Urban forest Broadly defined as all the trees within the City collectively. Definitions Planning Commission Hearing 2 CPA2007-00001 _ Plaririit*'Cottloti.5.siottlE,fea.ripgi,-8/'40/07 Typo Correction _1504cy. The irivrPyie natural areas located within a half mile of every Tigard resident to:p0i.rkie :riitioriririlti Revisions Recommended by Sue Bielke Attion.Measure liriclride natural aid Miiiigjn the management of public open spaces and related natural resources Policy $.2/4 The City chall design and build greeri*ay.tralls. and 'friailig to minimize their impact on the .enViionincnt, ineludirig,#, :l rare and state and federally 4steci. speoes, RP.V.iSi1000 R000tii.ep-ct by Puklic Works Reinstate the following stricken phases Action Measure 8 1 wui 7: - Include natural resources' and monitoring in the City's management of public open spaces and related 0400 tesoioes', Action Measure Reirio%.,e.and.control non-riative splants, including novious WPC.cisrk in natural areas, Ae_rio Ntea44-e 82i If luatc csar tvailabk, U itotnated systems .syternatically.tnap and document- easement:., dedications,-..1514.)d.ko trait leatiOna:. • , 7DRAFT:, H AZ atttg eatur es;provide:a community wd vahaahle-.resosurcekliut,..-wnder certain-condlrions these keinuiceS may a10 present a hazard For exiintslei:fiVeri.arid.'ireekA are iniprittint:f6r,itainiVater conveyance,wilrfl'fe habitat,and water quality However, these resources can quickly threaten property and people-9ntescaretii1,t)**14 has documented,flooding irkskand.adognatt.precautions 'are laken..theCity'i,Critiiiiiitineht:toirCiteet peopleirid,property froidliazardsis based On Oregon Statewide Planning Goal 7 Goal 7 lists six hazard eiteg6.4eiti5,heirldre$AeCi by comptehensive .plans Four of these apply to the c#)':P.E1140.t.4';wildfire,landslides,$0.0411ti and 04*tY(044. In addition, the OtYls:41sP'v14111q.4* ig1141m'ftPT,! vgre weather at14-mAP:7n*4 haiards Goal 7:.-.AreaS:5iibjeet:to.Nattiral HaZatdS Tigard's cttizens value a safe community where natural resources are'4To.P01,0t:POPe*Pr.°P.e,t0iftiY.? 1./.4/#egthq.820. protected and there is minimal danger frOtri:bOth naturit.andynanAnide 11.#04.:rigard...reAidet.*value the impoit1nce Ofnantral systems in,protectingjthe community from hazards,:4Ia additionally' cc.,cgui.z.e that although landslides; wildfires and flOadS-OCCur-riatiirally; the effects Of-these:events are often triade:WOrs'C by hOiiauaivitië . . • Hazards can havc.4-..signitcatit-negatiyc impact on a-coinniuniry's qualityroflife.;. It is important for the cninprelieriAive Plan to provide policy direction on.1i6tV the City will nianage hazardoOs , cOndiriO4and-eVeritS.Land use planning,development regulation and eniergencY,..4101g0:011t play key roles iri'assessing and.reducing.the risk to people and property fromh,azards.,..:Ttis;:i;p*ortant-.:.for local governments to have an understanding of underlying natural cpnditions and past event history to deifrelOiiihaZard mitigation ancipteentirin:irograinA.: Because hazards;such as earthquake faults,.and..ficiodPlains-,:extend across jurisdictional howidaries,. it is esserinatIO-Coordinateplanning.and emergency response services regionwide and with the state arid federal goVerniiientS, for example,due to the Seale.ind:erniiplekififinfeiitliqUake&,_Tigaid coordinates with the Oregon Department of Geology and Mineral tndiistriesi(DOOA.IY11). In addition to DOGAMI,Tigard coordinates with Metro,Washington (2.14rity,:x4,.other,juris4ictiPP5'.. to Mitigate:the risk associated with 'an earthqua.6.:tosniiiiiinize kiiirif life and propertYfrOin ,earthritialteS.,the structures to conform to c5f#gPl'f.Structural,-SpOilty.cocic,.';.P.Oiteincnts for Zone 3 (ine.:Actoindhigheirha?;ard code), while Single-family consiruction'must,conform to the:Otegon:One-andtwo2welling Specialty 'Code for seismic categ6ry . . • „ In Tigard,wildfire is,..characterized,by the Urban Interface Zone,or the urban-rural fringe where •116inei iiid.other,itructurei.Are.bnilli.Onto a.deriSelY'forested Or'tatukal andcapc.The Oregon 1)45_aiti*nr,of ForeStry_iiiiplerrientS-oiiii:gogoi,Foreidand4Irbaii,liffeffaCe Fire Program,which is expected to be fully-.441:0*-04 by 2011,a4..*).4-0 protc4'.41.t.dt* Coinitinnities in Ciregrin, from wildfire.the City'of tigard:wOrks with Valley'Fireand'Reseue(TVF&R) to mitigate • • • ••• tli.-e.:..effeeta of:Wildfire. 1VF&R iSriespOnsiblefor all1&e prevention ai4eduCationi arid'haS the !opportunity itO=COMMTerit';On'all development applications:TV17-44:g.,AlAti,IniAps the urbin interface *.4.1e in Tigard The:Oregon.Departnient Eni.r.irotirneritii Quality:PE(2)'eantrolA:bbth backyard •,•• •-••• _ • :arid agricultural burning in Oregon;however,Tigard within the)3F,Q permanent hurnLbalyareain an e,ffortio,:reduce the.1iSk'of wildfire:AS a result OfhackYaid burning. • -DRAFT- People and property are best protected from landslide when building structures and roads are not built within areas prone to mass movement.Although landslides are a natural geologic process, the incidence of landslides and their impacts on people can be exacerbated by human activities. Such human activities include grading for road construction and development,excavation, drainage and groundwater alterations, and changes in vegetation. By mapping steep slopes and allowing only appropriate development in these areas the City can limit the impact of landslides on the community.Also,by retaining vegetation and natural drainageways in these areas,the City can work to reduce conditions which may lead to landslides. The effects of landslides are often more widespread than the physical area they inhabit,as landslides can affect utility services,transportation systems,and critical lifelines. Floods are influenced by a number of factors,including the amount and intensity of precipitation, geography and geology, and development activity.The City of Tigard cannot control precipitation or the community's soil type but can control development activity which contributes to,and is affected by, flooding. The City coordinates with several agencies to mitigate the risk of flooding.The FEMA designated floodplain is used to administer the national flood insurance program (NFIP). The floodplain serves as the FEMA flood hazard regulatory area. Within this area,development activities are regulated to minimize impacts on floodwater flows and storage areas to reduce impacts from flood events. Oregon state law regulates development within the 100-year floodplain and Tigard complies through adoption of Metro's Urban Growth Management Functional Plan,Title 3. The Sensitive Lands chapter of the Tigard Community Development Code implements Title 3 through the Clean Water Services'Design and Construction Standards. Floods can have a devastating impact on almost every aspect of the community, including private property damage,public infrastructure damage, and economic loss from business interruption. The City has been proactive in mitigating flood hazards by purchasing floodplain property. These areas, if left undisturbed,can act to store excess floodwater. The Oregon Division of State Lands (DSL), jointly with the U.S. Army Corps of Engineers,requires a permit for development within the waters of the United States. Any disturbance to a water body and its associated floodplain is covered through this process. Tigard is also at risk of non-natural or man-made hazards.Although statewide planning goal 7 addresses natural hazards, other hazards are included in this chapter as the community is concerned about protection from non-natural hazards as well as natural hazards. Other hazards addressed by this section may include mass casualty transportation accidents,hazardous material releases, severe storms, terrorism, epidemics, and infestation. Tigard coordinates planning for non-natural hazardous occurrences with other jurisdictions and agencies from around the state. Key Findings • The Cascadia Subduction Zone could potentially cause an 8+ magnitude earthquake, affecting Tigard. • Tigard is subject to more frequent shallow earthquakes (crustal fault earthquakes). These events typically do not exceed magnitude 4, but could go up to magnitude 7. • Fifty-eight percent of the City is subject to the greatest earthquake hazard level,with an additional 21% falling into the next hazard level. These areas include developed residential and commercial areas, as well as the Washington Square Regional Center. 2 • • -DRAFT- • Wood-frame homes tend to withstand earthquakes better than unreinforced brick buildings. • The City of Tigard requires all new commercial,industrial, and multifamily structures to conform to Oregon Structural Specialty Code requirements for Seismic Zone 3,while single- family construction must conform to the Oregon One and Two Family Dwelling Specialty Code for Seismic Category Dl. • The increasing number of homes being built in the urban interface zone is increasing the threat of wildfire in Tigard. More than 30%of all land in Tigard is vulnerable to wildfire. • Tigard is within the Oregon Department of Environmental Quality's permanent burn ban area, so backyard burning is not allowed anywhere within Tigard. • The most common type of landslide in Washington County is caused by erosion. • Landslides within Tigard have historically not caused major property damage. However in other parts of the Portland metropolitan region they have caused considerable damage. • It is estimated about 3% of the City's land, or 286 acres,is vulnerable to landslides. In addition, about 4.3 miles of critical streets could be subject to landslide damage. • Human activities such as deforestation,stream alteration, and urban development within the Tualatin basin have significantly altered the hydrology of the watershed. This has resulted in increased water runoff and greater potential for flooding. • Floods are Oregon's most frequently occurring natural disaster. • The 100-year floodplain includes six streams and 7.9% of all land area in Tigard. The last major flood event in 1996 inundated 2.2% of the land area in Tigard. • As of June 2006,Tigard owns 34% of the 100-year floodplain. • Tigard residents are concerned about the effects of all other hazards on the community. Goal 7.1 Protect people and property from flood, landslide, earthquake,wildfire,and severe weather hazards. Policies 1. The City shall not allow development in areas having the following development limitations except where it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development: A. Areas having a severe soil erosion potential; B. Areas subject to slumping, earth slides, or movement; C. Areas having slopes in excess of 25%;or D. Areas having severe weak foundation soils. 2. The City shall promote the use of non-structural approaches to hazard mitigation. 3. The City shall coordinate land use and public facility planning with public safety providers (law enforcement, fire safety, and emergency service providers) to ensure their capability to respond to hazard events. 4. The City shall design and construct public facilities to withstand hazardous events with a priority on hazard protection of public services and facilities that are needed to provide emergency response services. 5. The City shall apply and enforce building code standards to protect the built environment from natural disasters and other hazards. 3 • -DRAFT- 6. The City shall enforce standards requiring the creation and maintenance of defensible space around habitable structures located in wildfire hazard areas. 7. The City shall comply with the Federal Emergency Management Agency (FEMA) flood regulations,which include standards for base flood levels, flood proofing, and minimum finished floor elevations. 8. The City shall prohibit any land form alterations or developments in the 100-year floodplain which would result in any rise in elevation of the 100-year floodplain. 9. The City shall not allow land form alterations or development within the 100-year floodplain outside the zero-foot rise floodway unless: A. The streamflow capacity of the zero-foot rise floodway is maintained, and B. Engineered drawings and/or documentation shows there will be no detrimental upstream or downstream effects in the floodplain area. 10. The City shall work with Clean Water Services to protect natural drainageways and wetlands as valuable water retention areas and,where possible, find ways to restore and enhance these areas. 11. The City shall comply with Metro Title 3 Functional Plan requirements for balanced fill and removal in the floodplain. 12. The City shall minimize impervious surfaces to reduce storm water runoff. 13. The City shall retain and restore existing vegetation with native species in areas with landslide potential to the greatest extent possible. 14. The City shall work to reduce the risk of loss of life and damage to property from severe weather events. Recommended Action Measures i. Place land acquisition priorities on high hazard areas to be used for recreation or open space purposes. ii. Update and maintain accurate information regarding natural hazard risks and past events. iii. Publicize and maintain maps of high hazard areas. iv. Address planning for the protection of public facilities and services from hazards in the Tigard Public Facilities Plan and Community Investment Plan. v. Retrofit existing public facilities and services to contemporary standards to better withstand natural disasters and hazardous occurrences. vi. Recognize some existing buildings have not been built to contemporary building code standards and seek ways to encourage their retrofit to modern codes. vii. Design and Implement a natural hazards home inspection program. viii.Update and maintain a list of essential and critical facilities to be used in hazards planning. ix. Work with Tualatin Valley Fire and Rescue Community Safety Program to provide 4 I -DRAFT- information and education about urban interface wildfire to Tigard citizens. x. Adopt the Tualatin Valley Fire and Rescue Wildfire Hazard Map and implement section R324 of the Oregon Residential Specialty Code. xi. Provide information and access to resources for property owners who wish to assess the ability of their buildings to withstand natural hazards. xii. Continue to maintain eligibility for the National Flood Insurance Program. Goal 7.2 Protect people and property from non-natural hazardous occurrences. Policies 1. The City shall design, construct,and coordinate the surface transportation system to reduce the potential for mass casualty accidents and to provide the ability to evacuate when necessary. 2. The City shall encourage communication and coordination among a wide variety of agencies to respond to technological and man-made disasters. Recommended Action Measures i. Keep a current inventory of locations where hazardous materials might pose a danger to the public,including storage and transportation areas. ii. Update and maintain the Tigard Emergency Operations Plan to ensure essential governance and public safety services are available during a disaster. iii. Continue to work with the Washington County Office of Emergency Management to: A. Coordinate emergency preparedness education for Tigard residents, B. Provide ongoing responder training and exercises, C. Coordinate regionwide hazards response, and D. Provide hazards information and resources countywide. iv. Continue to implement the Community Emergency Response Team (CERT) Program for community members and City staff. v. Encourage projects that enhance medical treatment capabilities and capacity. 5 .. _ ._ .... . .... .. . . .TIOAR.R.'COMPREHENSIVE:PLAN POLICY BUILDING BLOCKS Itt-VIED5A8-kitv.6/2ti.2007 . ,REVigtlyA8..:0#4/16/.1667... :REVISEDASt OPSti 6/2641., :HAZARDS • .OtiAi41.- '.1'.1110'.rEcrPEOPLEANDTROPERTI.,:.'FIV.).400, :aNT3S141.P. g;'_ :ARTHQ.I.JAKEIDAV-1111FlitE,',E1A . . ... , , .. ..,:POLICY JTUILOING.BLOCKSI_ - - _ -DRAFT.:POLICIESANDAcTION:;mgAsuRS:. '.poiii.Piiriititelcornerstono • :Tbliei6s:: TiinteCt.life::andpropertir.fiOntihazai&:by,:pidvetiiing . 5J.:-.1.. :Ilie.,Vity":"ShAEiititiallimsfeyelopmentin-,areas • !,..orirnini.inizing4he.iiic.nt hazardous occurrences _.,,-___ ____21layingffiefoltov;ingdevdOpment'..liniiiatinn* ...,..,-. ,.6F!tfit,nti'cfoiii■*ietei:iii-gi;i4.... -:.exceptwiiereit can be igown;iciat6-ta;liii-4,a.iid.: ;',Iiiiit.174. 01!yP,Fai:Zdfil°t : • Other' . . ... ....r,3. 1ctk.§.*. iitis.th,aiinii ) ,proven engineeing:octtii344:ttrate4:1,0:a.:specific 1fe0i4a*190iiii:tha(woi .4.pose:dingcrto site pla0s.:011*Oce;4*:404'.04461 .:forithe imii•c., SCALE The*ate pf.the'rnap tife,andqiroperi'y in areas,..xiTher611azard:s.:•-tannot.-be. .13#:)15.4qclt40.ert0174*P : iii,ifi tiiiire an tlivisitatinA:Philtief 13 ,.. , , : sensitive. ''° qrniiigatea. (3,vPti,) 4 Ais:lavinga.severe;saiLerosi6nporenifil 2:irii;iii:b:event that .' Ii-••.,•.A.teaT:subjectIniliimr.iingi.„ 4,41..iii4.S;'..i* , ... .. ..,. .. .. . . , -... DeveloperS-haire':0*);iiit:den:.-0(prOOl...tOS.-Show :inovemen ; . ...... ... •,.- ,. . :tf.oit.44-0:i:06,:'krnii-rig4t-cd tir,:ilie,;ektent .;e:,.•,:ikteas=hdifiog..$10pti4::404§-55f25%;!!:ii, ntees*yriatf:tcy endanger.life'andInoperty:fi .:0,....4c4a ...i,'0,joisoite'„wpakfouridition,soils., • ,r.reme0.4'...1,-)yllonf .. .. ...,.. , . .. . '..5.1'...:2 ,:.:Ilit: itysliti.lt.coppilibite.land 1!. Promote.Aheiised ntinstrtiCtiar'41:approaehes..tr. ' facility planning withptibli&sAfetyrirpVidets'(4*, ' ! .. . 't.#0=1.f!.04;a1.4.60,;(21141i.-d:Os) ..enforcemenc,:fiie-saletyanciniqgenCy,:;sgrilis ._ , • • . - •... , .•. providers)tntnsiii*itie.n., 014,,iy::to:k4pirin4: _sp . . piici:*qpioion:prioritiesoniti.ligk hazard;artaito- . hazard tlietitS:;(1`..&*ii.ifoly. ' ,tc*re.O.:0"*.ti.,6`..c.44.-f9,0e: 1. be-used,forrecreatortocoperispateptirpas0.-.(2 green.diits). -'-.I 3 :Ilie:',.City1.144ipromote:.iheuse,:anon:sttuctitil, • . iipprokhes-tntiazarctimiiigatinn:#sitithrdii),:, . — (OOL4iIiifc':Iii4u.sc::iod.Iiii4tdipif4cility'litanciing:,„ . ' wi,ttf.,,P41giciafOiYPr537:rict‘ers'Oenforcement;'fite; A'ciion:.114a-sui-e-sV. safety,,and emergency serviEvprovider4 to ensure:. ::5:f1;1; ',PlaCOlatid*citiiSitiOR TiriOriOssPrilliiel.::liazard'I iheii:capAbilityAn respond,to:hAt4id.eftentS:;(3 1.ateaS'...td2i4e.use'dlor.recreacion,oropen"space . ... ... ... . -. green dots) ipurposes..ti'pert.riot,'.: • • Maintain accurate ifq0.K.0100i,i.r#0#11Pgr*401- 5:--1 4::, I100**4.1taiii4ii *:c4t40, ki6r*Oait.c*airii: . . hazard risks arid-Ot...0.4riis..::(2.,g*.ii dots) ! • 0.4tiii4II* 41.;0*.s`'-ii.vi.ti#: ,,nts.,, . :t:toiiiinii, socaivihirlunarz !IiIr '1. ---' ;used,need.to mike it easy for!hi . .,. obffewfin'tt.rekivaat nips, 5:15' gikliciie=andirnaintlin maps of Iiiifft11;i1t2Ata htta. i:,......-•'cointhen Atuipugh Itte{naps may,: ..• , .. ' • 1V. be.1-4'34104*e high KaZard. • - - :"areas:the Main we very.u..ierui POLICY EtVg-DING.BLOCKS: . DRAFT,P9LICIES'ANIYACTION.MEASURES:‘; Yolicy'Principle-(Cornerstone) •PaliCies:-. Publie,FaCilities.*ect proteetion.fromAestruction..ort ..-51.4:.:, The City shalEdeSirand:constructpUblie;,fatilities..,- -,5.4:rn,nrli;„241.,.!,Wh.s.Tabou!eniorahT)enii I• damage by hazardous,conditions. :tovithstamthazardous-eventS''i‘iiiii4.pri7orilit.oii -,,,,.'-. PriYaL.-. "i.La'Private mac's'.' . haiard'protection- ' -''I*---' '' ---":' ...''-ct facilities' •- l'c4miSl!t:Cietl"wd add 13"- I o.public.serytces and ..., , ,raallgeep the,gtossary 04. .ii' '' T'Building Blritk. (actions and reSniti). i444r :11,04.0'36..,Proiile',e7i.0:014-:t.f4-pp:tisg .. Have as apricirity hazard protection of otilic, .-terviCes,,,fiven.3),90 • services and faCilities-that:are-needed;:to.p roliide. emergency response:sepiices:.pirrextio4): ..Actionlilleasures:4; ,.;5:1:4-: .Address'planning lot the protection of . . Design andtonstructpUhliC:faeilities:to:withstaiid. facilities and s'ervicts trritn'hatirriSiiithe Tigard hazardous.0erits..(3 iiieit dots) • .'Public ac.i.i.itie: ':Plan and.Community Investment ' p14.4.11.mq-iiptit):. ,. -- ;Kettnfit.existing:facilities:,and.Services:tt:)., ,.. . I contemporary standards to better-withstand Si A', •Re.trofiie.iisitn&ptiblieliciliiies;ana.servites,to --4....t ffrg*tteqi'Bullets and Numbering 1 natural disasters sanctlazardous.occurrences,P-- -• conterripotarystandards:161krtervitfistand:natutal.: • given.;dot!) . "disasters.and.hazardints:.baurrentesS(47eeriPi4 :'.6.4)..P.'14 i •(Ohiiiiii.4ity..-iituei•Ttio.-81.-tit6ii.t.'of Tigard'ate, .. . .... ,.. .. . .... .., ... concerned about .fUture-C■fpphlie.SetiiiCes;. :5 A-5 .1.)ti -ri and initiii.rrncnt.a•xianwal'hazards hornr; ... - -.(formattedi Begets and Numbeflrig ). ‘Vhi.chririCiticie.S'Safe.CW:.schoOls;.and infrastructure ' ':inspection.program.., ''I` (1 Jellow.dot) : •. .Address planning for the protection of public III facilities'sUid_-SeryiteS from.hazards in-the Tigard ..kob,iic,fitoitiekp4p,atia.:',Cqfprilti.04',InveSiiiaigi4 • ... .Plari..-ftydip*.dolP _ .., .. • .-. • _P-_-____- '___Z~_ ____._.0__� . ~~P^ ~-.~EAS~R ~ ` - .9aUei=c` . :5.1,---5 � _-. - ' '' - - • "-"'~- ~' -^-n-----'--~~e•I~m~~~~u ~^~ ~~~ ~~ " ^"""o"y . oucivam - .4n d ' --- � -. � ` -~~~ ^~'^ -~~ ^` - - ` �-' ^--`-^-~- i `l— • ' _ ) * ���6 � - ` ' /__--f___- : . •� ~..^^~ � , `d�uo�reomd�zbc�bxr^/6x ' 8f��npod�o' ' •` ' �og�� f='== i -, - -'-'-,°"� ��N� '� ' .... �wmr --- - -~ � ` ^^^^ ^ , ��a ' --,�'-d---n-r-- -'- ^ ' � ' . 6�i66o,to � _ �� . � - _� -_- ' '_ •,:. ==^^�~-~--=~ �� ''-� ` � � . ) �5.t8 ! � � °.=."",,"'",��"" � [ . `,^ns#nu � |! . . ^ • �—~�r�-_ . ''...- ' -_ � • •.:," 1 �. ' ' \/ 'I ^ | __ � —� - �-, propedy•cromei ii,Mili-safti(Min;_ ` • . . ' � • � '_-"~�`� �� — �— ^ ^ ` �N�^ == . -,a— `--N- _-` `. • = - - ^ - POLICY BUILDING:l3LOCKS: DRAFT,POLICIES„':AND:ACTIONIVIEASURES: „ . . Polity (Cornerstone): Protect life and"property from5thelgroWingJiazarda of 516 The City shall eriforceLStatiiiagS:re444fring•die urban interface wildfires creation and maintenance of defensible space -arouiidiiabitahle'stniCruteS;located in;wildfire, Other Building Blocks(actions and results) • hazaid;arcis-.-::(/.1i/loorl)o) Education is a k4ycaiiipaii:entin reducing the risk of,UrbaninterfaCe wildfire. grFen'ilit) Action Measures 5.71.6 Work Avith:Tualatin,Valley Fire and ResCtie.: • 'Tigard Beyond Tomorrow Safety Goal 1 Community Safety Program to prOidelnforination ,strategy#6:is that fire safety education will be and edtication about urban interfiee,wildfire to . .„... ffectivelY promoted in the..cotrununityi.(/X/01, Tigard 00x0,4...ayeitok.000 •rio#: • .5.1.7 AdopttheTialatin'Valley:Fire;and:RescueVild fire, •• -Work-With:the:Tualatin Valley Fire and Rescue 'Hazard Map and implement'.Stetioh-R324:Of the 'CommunitySafetyTtogranlitoprovide-!' :Oregon Residential SPecialty Comment Aficr6q6nation , :i4fOrmation And:educaiion:Abouttebari'irittit'Ace •wilOte,to::-.TigarCfritizeosi • . iifcte0--,_stliiclard ;reciuitiog.the.cLittiog Of tall. ' „grasSimdcombusiible:debrisIernoval4t gen. 1 jildol). POLICY BUILDING BLOCKS: DRAFT POLICIES AND ACTION MEASURES: Policy Principle(Cornerstone): Policies: Reduce the risk to people and property from 5.1.7 The City shall comply with the Federal Emergency flooding. (1 green dot) Management Agency(FEMA) flood regulations, which include standards for base flood levels, flood Other Building Blocks (actions and results) proofing,and minimum finished floor elevations. (1 • Comply with The Federal Emergency green Dot) Management Association (FEMA) flood regulations,which include standards for base 5.1.8 The City shall prohibit any land form alterations or flood levels, flood proofing,and minimum developments in the 100-year floodplain which finished floor elevations,etc. (2 green dots) would result in any rise in elevation of the 100-year floodplain. (1 green Dot) • • Update flood information as it becomes available (Comment:This information needs to (1 yellow dot) 5.1.9 The City shall not allow land form alterations or be easy for residents to access. development within the 100-year floodplain outside • Comply with Metro Title 3 Functional Plan the zero-foot rise floodway unless: (1 green Dot) balanced removal fill requirements. (2 yellow dots) a. The streamflow capacity of the zero-foot rise floodway is maintainted,and • Protect natural drainageways and wetlands as b. Engineered drawings and/or valuable water retention areas and where possible documentation shows that there will be no find ways to restore these areas. (1 green dot) detrimental upstream or downstream effects in the floodplain area. • Community Value:The citizens of Tigard value trees and natural resources and feel that protecting 5.1.10 The City shall protect natural drainageways and • these resources will benefit the community. * (1 wetlands as valuable water retention areas and green dot) where possible find ways to restore these areas. (1 green Dot) • Emergency access is important to maintain to areas that are subject to flooding. (1 yellow dot) 5.1.11 The City shall comply with Metro Title 3 • Functional Plan requirements for balanced fill and • Minimize impervious surfaces to reduce storm removal in the floodplain. (1 green Dot) water runoff. (1 yellow dot) 5.1.12 The City shall work with Clean Water Services to . . !:•,: Work with.Clean Water::Services AO preserve the ;preserre the natural storm w4PF:40-iiL4gcWY4fIci . 'I natural storm■v4tq''..ar.iiiitAggWrto','- ec)L10,0i0 reduce th'c'1)0#04110',110Pli'fi‘g-. , .pr.).(611610:fOr.C1016.diPg-fl,,grqm..41): 51.14'The...City ihall miiiirriizeim pervious...surfaces To). . . , .. reduce storm.WIlter.runoff',(2:.:qtardis)r ,.' ..-, commet; OittiimtarldtVe SOft • AC flOO.:MtASilte : , $:i1'4 'Continue to PAYikiptp40:;tfit National flood 4*.i.f.ti.te:.P,"..cig.t*:: POLICY BUILD]NGISLOCBS: :DRAFT"POLICIES AND ACTION:MEASURE& , ., Folic i Prihtitik(COrnetStOrie):: I.PtiliCieS.:,, . 0 Protect people and property frOrn:Slitiv!tritiyintand :` '5411 The;,tity,''Shall:tetain:eitiSting yegetatiOnirilarea rapidly moving landslides wittilandslidepOtential to the greateSt:e:ittnt : possible..agredot) , Other Building BloCks:(actions4ncli-resultS) ,..-,tiektimi:S.A.i4',Tho Or:es:hill m14.01*: ' —. --------,---- —' . iintecilii,:Ais surfate u,ict*.e'siokin.,:rater ■ It0iirl'eXistiiig irdgetitibii iff:ire .virith,laniiSlicie.. ,Action Measure.% , .,. -, potential to the greatest extent possible V,gfifit; 4450' . , . • Eti force,standards:t.hat prevent Or minimize:the potential landilides1.(1:greatikt) I.. 0 P.OI ICY:BUILDING'BLOCT S: DRAFT�POLICIES ANri:ACTION..MEt SURES: . Policy:ptinciple(Cornerstone): ' .Policies: Pcorect people ani property iroirtsevere.weather:, 5.1.s The'Citi•-shall work to rcd Lice'the.risti aFl ss,of life: • and damage to property from severe weather, :'Other BnildirrgBlocks'(actions and results) . :events.. it[etro defines severe weathers including: . '".windstorms.,severe,winter hazards(c'.g:snow, • .Action Measutes., )ee .prolonged cola..thutide"rstorms.tornadoes,. - drou*ht:pro origci#.`,atierne heat and other', weather ccinditions tdiat ills tipz Vital regional 's3:stairs;and'threateri'liVes add:property,7 Weather hazards,are.noeinclude"d in the Statewide • L'and`:Use.PlaiiniirgGoal 7.aortal H zards. ' The usual:predictability of these`events reduces -: «-:- . (r-armattet sutieasana'Numaetirg j- thcitrisk tolifc because.peoplecan take precautionaryrneasures (&letro:Regional Kazan(` .. Mitigation•Policy:andPlanain Guide); ill • POLICY'BUILDING BLOCKS:: GOAL: 2:: :.PROTECT,PEOPLEAN0:PROPERTYFROM:NON'z NA'I'I3RAl..[-1AZAROOUS'OCCURRENCES; POLICY:BUILDING'BLOCBS:: ' DRAFT:POLICIES '' a A.CTION'MEASURES: Policy Principle(Cornerstone): Policies: Non-natural'hazardous:occurrences:can.pose°darnger '5:2.1' 'The City shall;design,construct,and coordinate the to human life and property.:These events:can suirface,.transportation s stem to reduce the include:, potential for mass='casualty accidents and;to,provide Massy casualty.transportation.accidents,. ' the:ability M.evacuate.tvhen:necessary. •. ;Hazardous`materiat'teleases,. • :Severe storm , ;522 :The:City>shall.encourage.communication and ,. ;Com>entt Moi6 W the naw" i. • Tertonsm °coordination:among a wide.Variety of,agericies'to Deleted oral i •_ ,Epidemics.and; ;..._ + , Y ...... respond.to,technologic il.anti'Man-ntadc"disasters.. De3 eel i"� i In festintion. (1.green elfin. •Action Measures: Other i3uilding Blkeks•(actions'and'results) .5.2,1" Update-and maintain:.an,inventory;of.locat ons: • .Design;.construct,and Manage'the.surf ace .where hazardous materials'might pose.a,'danger:to. . transportation system-to.reduce the potential:for : the:,public,,including storage;and.transportaiion ,mass:casualty:accidents:and to.provide the-ability 'areas:. to evacuate when necessary. .5:2. 2 Update:arid.maintain,the"Emergency Operations: .. :Quick response is a key:to reducingcasualyes,and. .Plan.to ensure essential governance'and public property,damage from:tion-natural,hazardous : .:sifetY services,are.available..duringa disaster.: :occurrences..(1'gt0 dot,) ' ' 523 `Continuc.to work.with the:Washington County' ',Medical:treatment:capabilities=and:capacity is. ! , Office of Emergency Management°to;educa"te important: tdtizens;about.disaster preparedness Communication.and coordination•among,a_wide 5:2.4 Continue to implement the Community Emergency variety of agencies,is a'key.element to respond to .Response Team.(CERT)'Program',for community. • : II human created.disasters..Tigard.Beyond .members..arid:.City staff. I Tomorrow Public Safety:Goat 3;strategy.#2 is;to' :.coordinate Tigard emergency response providers:.' 5'25 Fiteouralpe proiu..r that enhance:nieddical treatment (3:8 en:iloti) • A hazard nmitigation pilan',coordi'nated:with';a. arietytof'other agencies.ndridin_g�the stare an'd federal gOiretiiment',isesential. • it is-important.to.'inventoty,:the locatians:where the hazardous.materialstmight.pose:a.danger=to- the public.r:T'tiis rndudes,storage,areas and transportation routesr•'(2 orzen e/00.: Public,;education;;avareness,and:sel f4 sufficiency • :are'important.: • 'The',key to recovery;is.the:maintenance;of ;essential governance and::public safety-services.:, ;Maintaia di ewe: T heaith��:,'integxatast,siems:(2" •gtvenrdok) • • • r'r TIGARD 2027 City of Tigard Comprehensive Plan Resource Document A of the Tigard 2007 resource report provided a summary of community surveys and work completed by Tigard Beyond Tomorrow.The summary outlined a number of key issues and values that the community has identified and it forms a solid foundation for updating the City's Comprehensive Plan. Below is a list of community issues and values developed from Resource Document A (which can be found in its entirety at www.tigard-or.gov/2027). Please review the list as it will provide important background information when discussing goals, policies,and action measures. COMMUNITY VALUES The citizens of Tigard value the location of the community and the ease of access to travel options. The citizens of Tigard value the safe and quiet residential atmosphere of the community and the character of their neighborhoods. The citizens of Tigard value trees and natural resources and feel that protecting these resources will benefit the community. The citizens of Tigard value the public services that are provided to the community, particularly the library,parks,senior center,and police. The citizens of Tigard value pedestrian and bicycle paths in the community and support the development of a well connected network. The citizens of Tigard value access to neighborhood parks and open space within a half mile from their home. The citizens of Tigard value access to bus service in the community. The citizens of Tigard value the community's downtown core and support investment to make improvements. The citizens of Tigard value and understand their responsibility to participate as members of the community. 1 S The citizens of Tigard value access to educational opportunities for citizens of all ages. The citizens of Tigard value small and local businesses that contribute to a healthy economy. COMMUNITY ISSUES The citizens of Tigard have identified traffic congestion as the top concern in the community. The citizens of Tigard are concerned about the maintenance of community streets. The citizens of Tigard are concerned about preserving community livability by minimizing neighborhood traffic. The citizens of Tigard are concerned about population increases and the impact upon the community. The citizens of Tigard are concerned about growth and development in the community and the compatibility between new and existing development. The citizens of Tigard are concerned with the community's appearance,particularly the downtown. The citizens of Tigard are concerned that the community's downtown is not living up to its potential. The citizens of Tigard are concerned about the impact of growth on the community's natural resources. The citizens of Tigard are concerned about the future of public services,which includes safety, schools and infrastructure. The citizens of Tigard are concerned about the lack of a recreation program and the number of parks in the community. 2 • • 3. NATURAL FEATURES AND OPEN SPACE This chapter addresses a broad range of topics all having to do with the natural resources located within the Tigard Urban Planning Area. This chapter reflects the concerns expressed in several of the Statewide Planning Goals including: Goal #3 - Agricultural Lands; Goal #4 - Forest Land; Goal #5 - Open Spaces; Scenic and Historic Areas and Natural Resources; beat - Areas &tibiae:4 to Natural Disasters and Hazards;and Goal#8-Recreational Needs. The natural environments within the planning area offer many opportunities for a unique and healthy urban development. Those environments, when viewed as a series of systems rather than isolated features, will provide Tigard with those elements necessary for a healthy place in which to live, work and play. Floodplain greenways, for example, can provide the community with an excellent system of open space links between neighborhoods and services,in addition to providing a relatively inexpensive system for storm water runoff. It is to the community's benefit that consideration be given to both the opportunities and the limitations of the various environments within the planning area. The natural environments included within the planning area all have their own respective limitations with regard to urbanization. Development pressure upon lands with such limitations can have profound effects on the environment. Erosion of steep slopes caused by inappropriate development,for instance, does not occur as an isolated incident. Soil type, permeability, vegetation and drainage all play major roles in and are effected by development. Likewise,the effects of inappropriate development located within the floodplain areas could have adverse effects on properties both up and down stream from the development site. The social, cultural and economic values of such resource lands could be reduced by the effects of urban development nearby. The limitations of the various environments should be considered in reviewing new development within the planning area. The recognition of the natural environment in the planning area and the development of findings and policies which address the characteristics of the environment are extremely important elements in the Comprehensive Plan. The purpose of this chapter is to define the parameters of the various natural environments in the planning area and to identify the limitations and opportunities inherent in those environments. Additional information on this topic is available in the "Comprehensive Plan Report: Natural Features and Open Spaces." 3.1 - - _ • • • - - • • -•_ ` WETLANDS Findings and density of development w#iekr sail be eeeeramedeted ea that property (carrying capacity), Combinations wick► as steep slopes and uns table soils create sovefe development eenstrainto. Excessive development in 61464 physically limited areas greatly increases the potential severity of natural habitation of wildlife- Nonetheless, it is tee cotter; removed and replaced by buildings or • - .. . - = • increased fine# and sedimentation from peony developed hillsides son require increased public Vol. II, Policy 3-1 • - - t - - :• - - •- - -- •• - -- -=• •- - • -= - - - . . - = - - ' - -•POLICY 3.1.1 THE CITY SHALL NOT ALLOW DEVELOPMENT IN AREAS HAVING THE FOLLOWING DEVELOPMENT LIMITATIONS EXCEPT WHERE IT CAN BE SHOWN THAT ESTABLISHED AND PROVEN ENGINEERING TECHNIQUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED DEVELOPMENT. (NOTE: THIS POLICY DOES NOT APPLY TO LANDS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP.): a. AREAS MEETING THE DEFINITION OF WETLANDS UNDER CHAPTER 18.26 OF THE COMMUNITY DEVELOPMENT CODE; b. _ _ . .e A. .. • - - - _ - = - '• ' - _• _ _ • e ; 4, - _. (Rev. Ord.85-13; Ord. 84-36) IAAOI EMENTATIONI CTRATCG_IE site specific 694 surveys and geologic studies whore potential haeatds ate identified based ipon epeeial docign concidetatienc and sensthietien aaeacures 13e taken to offset the soil and geologic••. _ _ -•_ _ _ _ _ _ _ _ _ . •_ . . _ _ _ . . _ _ [.p.�: .(]�__per_ �7_\_. -. _ • C .1442140945 ••_ - _ • _ _ _ _ _ _ _ _ . - 1 _ _ _•_• • •• _ _ __ _ _ _ _ , __ _ __ . __ _ _ _ 7•••- _ ... _ __ , Vol. II, Policy 3-2 • prepect4es; • - -: : :- '•- - - - . - -•••- = -= - , - .. -•• - -.• : = : .- •: - - - ' . . : - - : - -- :- • - - . Weed-levels a - - - - e• = , = = - = - - - - I# flooding occurs• - .. - : - :' '. .- - : . - - = - _ _ _- : fate- -- - - - - •-- 3: - -- --- - 3- levels- • = = = = • = = = = = • - . - = - - ' : : The--federal• • The G•ty of Tigard currently has erdinaaees; policies apd staadafds withie the Tigard Co ity • • - - = -• - . •• ]_ . . - - -- -- - - - - - -- -- --- - - .•- -- - --- -- - -- -- - ---- afe-taken. POLICIES S 3 - _ _ . ..._ _ _ ..,, .. _ .. ... a... _ .. 1-00-YEAR AIPI WHICH WOULD RESULT IN ANY RISE IN ELEVATION OF THE 3.2-2 THE CITY SHALL: --e_ _ _ • . _A..' • • • • . •i_ •- • -111 e e - ... , . .. . • ALLOW LAND FORM `C OR DEVELOPMENT IN THE ^�+ OUTSIDE THE ZE�OOT RISE I Y PRESERVE OR ENHANCE AT••SICE .l a a e e • ..■ . . * •'!! .. Vol. II, Policy 3-3 • 4, THE LAND FARM ALTERATION AND/OR DEVELOPMENT IS IN AN AREA AESIONATED COMMERCIAL AR INDUSTRIAL AN THE COMPREHENSIVE t THE LANA FARM ALTERATION ON AND/OR DEVELOPMENT IS ASSOCIATED W1T14 6AMM441-14 RECREATION USES UTILITIES, AR PUBLIC SUPPORT FACILITIES AS DEFINED IN CHAPTER 44.-42 THE BE SATISFIED. 3 WHERE LANA FARM AI TEOATIAN& AND DEVELOPMENT ARE AI 1� WITHIN THE REQUIRE, QvI I IRE a, THE STREAMF OW AF THE ZERO-PGA; RISE FLOODIr 15 MAINT-AINED; 7T BE NO DETRIMENTAL EFFECTS IN THE FLBABPLAIN* AREA, ANA THAT THE CRITERIA SET FORTH IN THE SENSITIVE .. - - = ; LAND ABUTTING RESIGENT4AL RESIDENTIAL LAND WHIC14 ADEQUATELY SCREENS THE THE CONSIDERATIGN AF DEDICATION AF OPEN LAND AREA FOR CREEIs.W;-Y PAR THE CONSTRLICTIAN OF, A PEDESTRIANJSICYCl E PATHWAY WITHIN THE FLOODPLAIN* THE ADOPTED PEDESTRIAN BICYCLE 3-2-4 THE CITY SHALL PROHIBIT DEVELOPMENT WITHIN AREAS DESIGNATED AS SST ,WETLANDS AN THE FLOODPLAIN AND WETLANDS MAP- NA FIVE (26) FEET OF THE DESIGNATED WETLANDS AREA. DEVELOPMENT ON PROPER T4 ADJACENT TO SIGNIFICANT WETLANDS SHALL BE el I D UNDER THE of Aro NN€D DEVELOPMENT SECTION OF THE CODE. 3-2,6 THE CITY SHALL REWIRE THE CANSIDERATION AF DEDICATION AF ALL UNDEVELOPED LAND WITHIN THE 100 YEAR FLOODPLAIN PLUS SUFFICIENT AP€N . ■ .- _ . . . -' . , - ■ .- - _ ., THE-RAN, 3.3 NATURAL RESOURCES Findings • Currently, there are extensive rock and gravel extraction areas located to the north and west of Tigard's planning area within Beaverton and Washington County. (Rev. Ord.01-07) • There is one active mineral or aggregate resource within the Tigard Planning Area, known as the Durham Pits,which is operated by Washington County. Vol. II, Policy 3-4